Loading...
Agenda 04/12/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 12, 2005 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor David Mallory, First Assembly of God 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. March 8, 2005 - BCC/Regular Meeting C. March 9, 2005 - BCC/District 4 Town Hall Meeting D. March 23, 2005 . BCC/District 1 Town Hall Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Presentation of the Advisory Committee Outstanding Member Award to Carol Wright, Vanderbilt Beach Beautification MSTU Advisory Committee. 2. Advisory Committee Service Awards 4. PROCLAMATIONS A. Proclamation to recognize the month of April as Child Abuse and Neglect month. To be accepted by Jacqueline Griffith Stephens, M.A., Executive Director. B. Proclamation to designate the week of April 10 through April 16, 2005 to honor Crime Victims. To be accepted by Sergeant Cathy Lambert of the Collier County Sheriff's Office, Beth Knake, Project Help, and Kathy Hermann, Shelter for Abused Women. C. Proclamation to designate the week of April 10th, 2005 as Art Appreciation Week. To be accepted by Elaine Hamilton, Executive Director of the United Arts Council. D. Proclamation to recognize the month of April as Fair Housing Month. To be accepted by Candance Tapscott and Jeff Cecil from Housing and Urban Development. E. Proclamation to designate April 20, 2005 as Distinguished Public Services Awards Day. To be accepted by Jill Rapps, Ciccarelli Advisory Services, and Tom Wagor of Fifth Third Bank. F. Proclamation to designate April 12, 2005 as Mrs. Leila Canant Day. To be accepted by Mrs. Canant. 5. PRESENTATIONS 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 ".m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the March 22, 2005 BCC Meeting. Recommendation to Approve an Ordinance Amending Ordinance No. 92·60 Relating to Tourist Development Taxes, as Amended, to expand the use of Category C-2 uses to include Municipal Owned Museums; to change the percentages of C-1& C-2 uses and to enable the use of surplus Tourist Tax Funds for additional promotion. B. This item to be heard at 10:00 a.m. This petition requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA-2004-AR- 6786 Vanderbilt Partners II, LLC, represented by Richard Yovanovich, of Goodlette, Coleman & Johnson, P.A., requesting to amend the Cocohatchee Bay PUD document for the limited purpose of amending the Bald Eagle Management Plan and related references in the PUD document. The subject property, consisting of 532 acres, is located in Sections 8, 16, 17 & 20, Township 48 South, Range 25 East, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-4493, Santa Barbara Landings PUD, requesting a rezone from Residential Multiple-Family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be known as the Santa Barbara Landings PUD for property located at the southeast corner of Radio Road and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. D. Recommendation to approve the Fiscal Year 2005-2006 Collier County Consolidated Plan One-Year Action Plan for $3,524,802 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs, authorize required HUD certifications, approve execution of sub-recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, and submit to the United States Department of Housing and Urban Development (HUD). 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. B. Appointment of member to the Lely Golf Estates Beautification Advisory Committee. C. Appointment of members to the Radio Road Beautification Advisory Committee. D. Appointment of member to the Environmental Advisory Council. E. Commissioner Coyle requesting Board approval to send a letter of support to the Naples Airport Authority for their effort to secure federal assistance under the Small Community Air Service Development Program. F. Consider a request from Kathy Prosser, President and CEO of Conservancy of Southwest Florida, to appoint a Board of County Commissioner to the Caribbean Gardens Blue Ribbon Committee. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. This item has been continued from the March 22, 2005 BCC Meeting. Recommendation to approve Resolution 2005-__ creating the Habitat Conservation Plan Advisory Committee. (Joseph K. Schmitt, Administrator, Community Development) B. Recommendation to adopt a resolution authorizing the acquisition by condemnation, if necessary, of perpetual, non-exclusive road right-of-way, drainage and utility easements, and a temporary construction easement, which will be required for the construction of roadway, drainage and utility improvements for the Golden Gate Parkway I Airport-Pulling Road Grade Separated Overpass - Project No. 60006. (Fiscal Impact: $366,200) (Norman Feder, Administrator, Transportation Services) C. Recommendation to approve Phase Two of a contract for RFP-04·3629 "Consultant Services for the Public Involvement Element of the Metropolitan Planning Organization Long-Range Transportation Plan 2030 Update" in the total amount of $180,153.63. The Long-Range Transportation Plan Update is available for review in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL.(Norman Feder, Administrator, Transportation Services) D. Recommendation that the Board of County Commissioners accept the Tigertail Beach Park Boardwalk Feasibility Study and direct staff to pursue an alternate plan of a pedestrian dune crossover and restroom facility. The Tigertail Beach Park Boardwalk Feasibility Study is available for review in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL. (Marla Ramsey, Administrator, Public Services) E. To resolve the Sheriff's FY05 budget appeal by providing the Sheriff his fair share of the funds from recent reimbursements from FEMA and the Department of Juvenile Justice for Sheriff operations in FY05. (Mike Smykowski, Director, Office of Management and Budget) F. Recommendation to approve, and authorize the Chairman to sign: (1) an Interlocal Agreement with The Board of Supervisors of the Ave Maria Stewardship Community District, whereby Collier County agrees to reserve to the District sufficient capacity on Collier County's road public facilities to complete the build-out of the Town of Ave Maria, and (2) a Developer Contribution Agreement with Ave Maria Development LLLP, wherein the County has agreed to accelerate the widening of Oil Well Road from Immokalee Road to Camp Keais Road, in exchange for the donation of an estimated $7,500,000 in right of way and other substantial considerations. The executive summary and agreements will be distributed separately from the agenda packet prior to the Board meeting. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS --------------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. --------------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve Petition AVESMT2004-AR6248 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the Lake Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2473, Pages 1510 through 1604, Public Records of Collier County, Florida, located within the Cypress Woods Golf and Country Club development in Section 18, Township 48 South, Range 26 East, Collier County, Florida. 2. Recommendation to approve the submittal of the attached grant funding request in the amount of $70,000 to the Big Cypress Basin so that the Conservation Collier Program may contract for administrative help in order to identify willing sellers and make periodic status reports in the Winchester Head Multi-parcel Acquisition Project. 3. Recommendation to approve a Vegetation Removal and Site Filling Permit for Saturnia Falls (Terafina PUD), for an area not to exceed approximately 254 acres located in Section 16, Township 48 South, Range 26 East, subject to: 1. County staff administratively determining LDC compliance for identified administrative approval criteria of such permits, and 2. prior issuance of all other required agency permits. - 4. Recommendation to approve for recording the final plat of "Bristol Pines Phase I", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the peñormance security. 5. Recommendation to approve one (1) impact fee reimbursement requested by Interplan LLC on behalf of Staples, Incorporated, totaling $201,983.92, due to building permit expiration and subsequent cancellation. 6. Recommendation to approve the Release and Satisfaction of Lien for the following cases: Rene Bravo 04-09200-COA; Robert D. Bidlack 2003-045; Keith T. Heckman 2003- 058; Keith T. Heckman 2003-059; Eligio & Manuela Santos 2004110618 and 2004110884; Lynda Pasqua S.O 140565; Wesner & Gabrielle Moise 2003-053; Brad & Phyllis Estes 2004-042; Ponce Realty Company 2003-042; George & Sandra Parsons 2004-025; Keith T. Heckman 2004-074; Benigno & Maria Lopez & Roderick H. Hilgeman 2002-031; Tsalach Investments 2003-438; MAC Builders, Inc. 2005-54 and 2005-55; Julio Dominguez 2001-214 and 2001-221; Lloyd G. Sheehan 2001-321; Guy E. & Diane J. Baur 2003-284; Guy E. & Diane J. Baur 2002-61; Hamilton Bay Development, LLC 2004-129; Michael & Judith Austin 2004060620 and 2004060649; William Bell S.O 140578; Eh & Catherine Pretschold 2004-272; David Redding 2005-19; Family Storage 2003-283; Golden Florida Resort, Inc. 2005-07; James & Rachel Caruana 2005-05; Margarita Munoz 2004-267; Patrascu Ruset S.O 140592. 7. Recommendation to approve a resolution supporting the preservation of the Community Development Block Grant (CDBG) program funding within the United States Department of Housing & Urban Development (HUD). 8. Budget Amendment - Prior year reimbursements 9. Recommendation to adopt a Resolution opposing enactment into law of specified clauses of proposed Senate Bill 7048 providing for a local option real estate transfer surtax on deeds and related limits and restrictions on impact fee rates that, if enacted, will have a detrimental effect on the County's ability to provide necessary and required growth-related capital improvements. B. TRANSPORTATION SERVICES 1. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITN 05-3583 "CEI Services for Collier County Road Projects" 2. Recommendation to purchase 10.6 acres of land at the intersection of Collier Boulevard and Golden Gate Boulevard. 3. Recommendation to approve the purchase of Parcel Nos. 119,719 and 719A required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $201,500.00. 4. Recommendation to approve Change Order No.2 to Contract #04-3654 with Vila and Son Landscaping, for Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) Landscape Beautification in the amount of $82,382.36. 5. Recommendation to approve a reimbursement to the State of Florida for overpayment of Fuel Taxes with associated interest and penalties for the months of August, September and October 2004 in the amount $12,699.32. 6. Recommendation to approve the piggybacking of the City of West Palm Beach contract to purchase laid in place Polymer Modified Cold Mix Paving (Micro-Suñacing) for Road and Bridge Maintenance amount estimated to be $1,100,000. 7. Recommendation to approve an Interlocal Agreement with The School District of Collier County, Florida, whereby Collier County agrees to fund one half of the total design and construction costs, not to exceed $1.3 million, for a vehicular bridge linking Tropicana Boulevard to Golden Gate High School, and allocate $200,000 of reserved funds for traffic calming and turn-lane improvements in Golden Gate City. 8. Recommendation to approve Bid #05-3793, Immokalee Phase 2-B Sidewalk Installation and Refurbishment in the amount of $279,921.90 to Douglas N. Higgins, Inc. including a five (5) percent Contingency. The sidewalk segments will be connecting to S.R.29 between First Street and Ninth Street. 9. Recommendation to adopt a resolution to urge the Florida Department of Transportation to make the necessary maintenance repairs consistent with the recent Bridge Inspection Reports on the S.S. Judge Jolley Bridge over Big Marco Pass and the presentation made at the March MPO meeting. C. PUBLIC UTILITIES 1. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record the Satisfactions of Lien. 2. Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. 3. Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $38.50 to record the Satisfactions of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the county has received payment and said Lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record Satisfaction of Lien. 5. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 6. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 7. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 8. Recommendation to approve the acquisition of a 40-foot by 50-foot Utility Easement near the southwest corner of Wilson Boulevard and 18th Avenue NW for a public water supply well site at a total cost not to exceed $7,425, Project Number 701582. 9. Recommendation to approve the sole source purchase of cartridge filters from the George S. Edwards Company in the estimated amount of $266,000. 10. Recommendation to award Bid Number 05-3757 for the furnishing and delivery of membrane softening elements to GE Osmonics in the amount of $891,000. 11. Recommendation to reject both bids received for the North County Regional Water Treatment Plant (NCRWTP) Generator Switchgear Upgrades project, Project 70069, resulting in no costs incurred. 12. Recommendation to approve and execute the attached Real Estate Sales Agreement for the sale of 2.05 acres to The Glades Country Club Apartment Association, Inc. for a net revenue of $228,121. 13. Recommendation to award Bid Number 05-3791 for underground utility supplies to Ferguson Underground Supplies. 14. Recommendation to approve Payment and Release Agreement (Agreement) with WCI Communities, Inc. and Tiburon Golf Ventures Limited Partnership (collectively "Owner") for damages incurred during the construction of the reclaimed water main along Vanderbilt Beach Road, at a cost not to exceed $37,077, Project Number 74034. 15. Recommendation to make a conditional award of Bid #05-3756 to Mitchell & Stark Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities, in the amount of $5,156,000.00, subject to the Florida Department of Environmental Protection's (FDEP) approval, authorization to incur costs, and authorization for the Board to execute the subject construction contract as required by provisions of the low interest rate State Revolving Fund (SRF) Loan program which will fund this contract, Project Number 71006. 16. Recommendation to approve Work Orders UC-092 in the amount of $597,000 and UC- 093 in the amount of $397,000 to Douglas N. Higgins Incorporated for the North County Regional Water Treatment Plant (NCRWTP) Mid-Hawthorn Wells, Project Number 71006. 17. Recommendation to authorize the approval of Work Orders UC-094 and UC-096 under RFP 04-3535, Underground Utility Contracting Services, and to authorize the purchase of sole-source equipment, for specific rehabilitation projects in the amount not to exceed of $462,208 for the North County Water Reclamation Facility Rehabilitation, Project 725321. 18. Recommendation to approve work Order HS-FT -05-03 under 00-3119 - Fixed Term Professional Utilities Engineering Services to Hazen and Sawyer in the amount of $140,270 for Engineering Services for the design of Lime Softening Reactor No.1, Project 71023. 19. Recommendation to approve the after-the-fact submittal of two Alternative Water Supply Grant Applications to the South Florida Water Management District for the construction of the North County Regional Water Treatment Plant (NCRWTP) Mid Hawthorn Zone 1 Reverse Osmosis (RO) Well Nos. 101, 102, 114, 115, and 116 in the amount of $1,397,000, Project 71011. 20. Recommendation to accept two grant agreements for Regional Irrigation Distribution Systems (RIDS) Projects from the South Florida Water Management District in the amount of $200,000. 21. Recommendation to approve the Selection Committee's decision and award a Professional Services Agreement to McKim & Creed, P.A. for Design Engineering Services related to the Reuse System Telemetry/SCADA Wide Area Network, RFP 05- 3789, in the amount of $199,054, Project 740332. 22. Recommendation to approve an amendment of the South County Regional Water Treatment Plant 8 MGD Reverse Osmosis (SCRWTP) construction contract to extend the final project completion date from May 1, 2005 until no later than August 1, 2005. 23. Recommendation to approve the after-the-fact submittal of an Alternative Water Supply Grant Application to the South Florida Water Management District for the Collier County Manatee Road Aquifer Storage and Recovery Expansion project in the amount of $1,739,747, Project 70157. D. PUBLIC SERVICES 1. Recommendation that the Board of County Commissioners authorize the Public Services Administrator to sign the annual application for funding from the United Way, through the 4H Foundation. 2. Recommendation to award RFP No. 05-3763 "Signage for Collier County" to Lykins- Signtek, Inc. with an anticipated annual expenditure of $25,000. 3. Recommendation to award Bid No. 05-3782 "East Naples Community Center Expansion" to Bradanna, Inc. in the amount of $747,800 4. Recommendation to approve and execute a lease with Randall Benderson and David H. Baldauf, Trustees, for office space in Parkway Plaza, Golden Gate City, for the Health Department's Women, Infants and Childrens' (WIC) program, at an approximate first year cost of $39,870. 5. Recommendation to award Work Order #PBS-02-45 in the amount of $149,250 to Professional Building Systems and approve a TDC Category "A" Supplemental Grant Application in the amount of $48,250 for the renovation of Vanderbilt Beach Access #7 E. ADMINISTRATIVE SERVICES 1. Recommendation that the Board of County Commissioners approves the donation of this surplus ambulance to Glory Bound, Inc. 2. Recommendation to ratify additions to, modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan made from December 18,2004 through March 23, 2005. 3. Request Board to approve the award of Bid No. 05-3790 to Trugreen Landcare for grounds maintenance for satellite facilities, for an annual cost of $237,084.00. 4. Recommendation that the Board of County Commissioners approve award of Bid #05- 3776R, "Fasteners and Wheel Weights for Fleet," to Lawson Products, Inc. 5. Report and ratify staff-approved change orders and changes to work orders to Board- approved contracts. F. COUNTY MANAGER 1. Recommendation to Approve a Modification to the Fiscal Year 2005 Emergency Management Preparedness and Assistance Grant accepting $41,969 and Approve a Budget Amendment to Recognize and Appropriate the Revenue. 2. Recommendation to Approve a Budget Amendment to Recognize and Appropriate Isles of Capri Fire Control District Impact Fee Revenue in the amount of $55,300 for the Purchase of Equipment. 3. Recommend approval of an Out-of-Cycle FY2005 TDC Category "A" Grant Application and Budget Amendment for Tigertail Beach Entrance Project #900151 submitted by Parks and Recreation Department in the amount of $6,000. 4. Recommend approval of an Out-of-Cycle FY2005 TDC Category "A" Grant Application and Budget Amendment in the Amount of $100,000 for County/City of Naples Annual Beach Monitoring Project #905362. 5. Recommendation that the Board of County Commissioners award Bid #04-3613R in the amount of $322,437.50.00 for Pelican Bay Irrigation Installation to Stahlman-England Irrigation, Inc. 6. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $8,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the construction of the Vanderbilt Beach Parking Garage; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 7. Recommendation to adopt a Resolution supporting enactment into law proposed Senate Bill 1252 and House Bill 817 relating to the creation of a School of Engineering at Florida Gulf Coast University. 8. Recommendation to Adopt a Resolution Opposing Enactment into Law Proposed House Bill 1565, allowing Municipalities to be Granted a Certificate of Public Convenience and Necessity (COPCN) without Meeting the Requirements as Provided for in County Ordinance 2004-12. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to extend the temporary employee agreement during the new CRA Director's transition period allowing time to determine CRA staffing needs. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests the Board's approval for payment to attend Collier County Medical Society's Annual Dinner Meeting as a valid public purpose where there will be installation of officers for 2005-2006 and recognition of volunteer physicians. It will take place at the Naples Bath and Tennis Club with guest speaker Dr. Dennis Agliano, President of the Florida Medical Association. Commissioner Coletta is seeking this payment as a valid public purpose to allow him to represent District 5 and to stay abreast of current health issues and contacts; $50.00 to be paid out of Commissioner Coletta's travel budget. 2. Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Halas to attend the Economic Development Council's Membership Mixer in honor of Gates McVey's 10th anniversary. Event to be held at 12810 Tamiami Trail North on April 19, 2005; $15.00 to be paid from Commissioner Halas' travel Budget. 3. Commissioner Halas requests Board approval for reimbursement to attend a function serving a valid public purpose. Commissioner to attend The Greater Naples Chamber of Commerce Business After Five at KIA of Naples, 1472 Airport Road, on April 21, 2005; $5.00 to be reimbursed from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation that the Board of County Commissioners endorse the United States Department of Justice and United States Department of the Treasury Federal Equitable Sharing Agreement valid through September 30, 2008. 2. Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders dated March 5, 2005 to March 18,2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida. 3. Recommendation that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's 2005/2006 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the Official Applicant, and Sheriff's office staff as Grant Program and Financial Managers and Point-of-Contact for FDLE's New Grant Management System. 4. The Finance and Accounting Department seeks authorization from the Board of County Commissioners to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2003-2004 as required by Florida Statute 218.32. -----'-r--'-- K. COUNTY ATTORNEY 1. Recommendation to compromise and release a code enforcement lien for $26,613.20 the lawsuit styled Collier County v. Anthony J. Varano, Case No. 04-5901-CA. 2. Recommendation to approve Agreed Final Order Awarding Planning Expert Fees & Attorney's Fees in the amount of $5,400 as to Parcels 739 & 839 in the lawsuit styled Collier County v. Nancy Johnson Perry, et aI., Case No. 03-2373-CA (Golden Gate Pkwy Rd Project 60027). 3. Recommendation to Approve a Stipulated Final Judgment as to Parcel 125 in the amount of $31,000 in the Lawsuit Styled Collier County v. Robert J. Derr, et al., Case No. 03-2196-CA (Golden Gate Parkway Project No. 60027). Additional cost to the County is $8782.50 after credit for amount deposited. 4. Recommendation to Approve a Stipulated Final Judgment as to Parcel 192 in the amount of $67,000 in the Lawsuit Styled Collier County v. GJR of Naples, Inc., et al., Case No. 02-2212-CA (Immokalee Road Project No. 60018). Additional cost to the County is $18,238.00 after credit of amount deposited. 5. Recommendation to approve settlement prior to Trial in the lawsuite entitled Collier County v. Venor Sylvan, filed in the County Court of Collier County, Florida, Case No. 04-384-CC, for $2,390.00 and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. 6. Recommendation to approve Arbitrator's Award prior to Trial in the Lawsuit entitled: Peck-Gittleman, et al. v Affordable Landscaping and Desing, Inc., et aI., filed in the Twentieth Judicial Circuit, in and for Collier County, Florida, Case No. 02-717-CA, for $11,250.00 and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. 7. Recommendation Pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners Select and Retain Eric J. Vasquez, Esq., and Yale T. Freeman, Esq., as Outside Counsel to Represent Two (2) County Employees Named Individually as Defendants in the Submitted Amended Complaint in Mohan Thampi v. Collier County Board of Commissioners, Case No. 2:04-CV-441-FTM-29SPC, in the United States District Court for the Middle District of Florida, Fort Myers Division; and Waive the Purchasing Policy to the extent it applies to the Selection of Outside Counsel and/or otherwise Exempt the Selection of Outside Counsel from Competition Pursuant to VII. G. of the Purchasing Policy. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition AVROW2005-AR7118 to disclaim, renounce and vacate the County's and the Public's interest in the 60 foot wide right of way for Pine Street lying between Block A and Block B, according to the plat of "Immokalee, Florida", as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida, located in Section 3, Township 47 South, Range 29 East. _'0.······_ .""____'''. ,.m' --- "-'."-ì-""-'--~-'- B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2004-AR-6792, Tim Hancock, AICP of Talon Management, Inc., representing Weslick, LLC in requesting a variance from Section 5.03.06.E.6 of the Land Development Code for relief from the required side setback of 7.5 feet to a setback of 2.5 feet for pilings. This variance is being requested not for the dock facility but for the mooring pilings that will support a boat lift. Property described as Isle of Capri, Unit 1, Lot 87, Section 31, Township 51 South, Range 26 East. C. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT2004-AR7022 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide drainage easement located along the rear of Tract "I", according to the plat of "Northbrooke Plaza" as recorded in Plat Book 31, Pages 65 through 66, Public Records of Collier County, Florida, located in Section 19, Township 48 South, Range 26 East. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2004-AR-6720, John J. Connelly requesting an after-the-fact variance of 5feet 4-inches from the Vineyards PUD zoning district requirement for a 25- foot front yard setback for front entry garages to 19-feet 8-inches for property located at 6648 Glen Arbor Way hereinafter described as the Vineyards Arbor Glen Subdivision, Lot 28, in Section 08, Township 49 South, Range 26 East, Collier County, Florida. E. Petition SNR-2004-AR-6787, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a street name change from Agri Boulevard to Tradeport Parkway for property located in the Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East. F. Petition SNR-2004-AR-6789, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a street name change from North Grove Lane to Global Drive for property located in the Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East. G. Petition SNR-2004-AR-6788, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a street name change from Seedling Boulevard to Commerce Avenue for property located in the Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East. H. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. CU-2004-AR-6300 Frank L. Veasley representing Bethel Assembly of God Church, Inc. requests approval of a Conditional Use in the RMF-6 Zoning District pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code, to allow for the expansion of an existing church by adding a gymnasium on the subject 4.79 ± acre site. The subject parcel is located at 1225 West Main Street in Immokalee, which is on the south side of West Main Street and approximately 1,500 feet west of S.R. 29, in Section 4, Township 47 South, Range 29 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 12. 2005 Add on Item 4G: Proclamation recognizing the week of April 10 through 16,2005 as Public Safety Telecommunications Week. (Sheriff's Office request.) ReQuest that Item 8B be continued to the Mav 10, 2005 BCC meetina and to be heard at 10:00 a.m. Petition PUDA-2004-AR-6786 Vanderbilt Partners II, LLC, represented by Richard Yovanovich of Goodlette, Coleman & Johnson, P.A., requesting to amend the Cocohatchee Bay PUD document for the limited purpose of amending the Bald Eagle Management Plan and related references in the PUD document. The subject property consisting of 532 acres is located in Sections 8, 16, 17 & 20, Township 48 South, Range 25 East, Collier County, Florida. (Petitioner request.) ReQuest that Item 8C be continued to the Mav 10. 2005 BCC meetina: ~ PUDZ- 2003-AR-4493, Santa Barbara Landings PUD, requesting a rezone from Residential Multiple family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be known as the Santa Barbara Landings PUD for property located at the southeast corner of Radio Road and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (Petitioner request.) Withdraw Item 9F: Consider a request from Kathy Prosser, President and CEO of Conservancy of Southwest Florida, to appoint a Board of County Commissioners to the Caribbean Gardens Blue Ribbon Committee. (Commissioner Coyle req u est.) ReQuest that Item 10A be continued to April 26, 2005 BCC meetina: Recommendation to approve Resolution 2005-_ creating the Habitat Conservation Plan Advisory Committee. (Commissioner Henning request.) Withdraw Item 10B: Recommendation to adopt a resolution authorizing the acquisition by condemnation, if necessary, of perpetual, non-exclusive road right- of-way, drainage and utility easements, and a temporary construction easement, which will be required for the construction of roadway, drainage and utility improvements for the Golden Gate Parkway/Airport-Pulling Road Grade Separated Overpass - Project 60006. (Staff request.) Item 16A3: The title on the agenda index should read, ". . . for an area not to exceed approximately 369 acres. .." (rather than "254" acres). (Staff request.) Item 16B8: The title on the agenda index should read, ". . . in the amount of $279,821.90 . . ." (rather than $279,921.90). The backup information in the agenda packet is correct. (Staff request.) Move Item 16C12 to 10G: Recommendation to approve and execute the attached Real Estate Sales Agreement for the sale of 2.05 acres to the Glades Country Club Apartment Association, Inc. for a net revenue of $228,121. (Commissioner Halas request.) Item 16E5: Delete Items 14 and 15 from the March FY-05 Administrative Change Order Report and related back up documents. (Staff request.) Item 16F4: The Category "A" Grant Application for this item was omitted from the agenda packet. Copies have been made available for viewing. (Staff request.) Item 16F5: The title on the agenda index and executive summary should read, ". . . in the amount of $322,437.50 .. ." (rather than $322,437.50.00). All other backup information in the agenda packet is correct. (Staff request.) Item 16K5: The title on the agenda index should read, ". . .prior to Trial in the lawsuit. . ." (rather than lawsuite). (Staff request.) Item 16K6: The title on the agenda index should read, ". . . Affordable Landscaping and Design, Inc., (rather than Desing. Inc.). Item 17E, 17F and 17G: These items require that all participants be sworn in and Ex parte Disclosure be provided by Commission members." (Staff request.) Time Certain Items: Item 8A to be heard at 10:00 a.m. Recommendation to approve an Ordinance amending Ordinance No. 92-60 relating to Tourist Development Taxes, as amended, to expand the use of Category C-2 uses to include municipal owned museums; to change the percentages of C-1 and C-2 uses and to enable the use of surplus Tourist Tax Funds for additional promotion. Item 8D to be heard immediatelv followina 8A: Recommendation to approve the Fiscal Year 2005-06 Collier County Consolidated Plan One-Year Action Plan for $3,524,802 for Community Development Block Grant (CDBG), Home Investment Partnerships certifications, approve execution of sub-recipient agreements by Community Development and Environmental Services (CDES Division Administrator, and submit to the United States Department of Housing and Urban Development (HUD). EXECUTIVE SUMMARY Agenda Item No. 3A 1 April 12, 2005 Page 1 of 5 PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD TO CAROL WRIGHT, VANDERBILT BEACH BEAUTIFICA nON MSTU ADVISORY COMMmEE OBJECTIVE: To recognize and reward an advisory committee member for their outstanding and dedicated service to Collier County. CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for their significant contributions to the organization and/or community. The respective committees nominate the outstanding Advisory Committee members and the Awards Committee (same committee that currently selects the Employee of the Month) evaluates and selects volunteers from the nomination forms. AWARD COMMITTEE RECOMMENDATION: Carol Wright, Vanderbilt Beach Beautification MSTU Advisory Committee. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE -, RECOMMENDATION: That the Board of County Commissioners present the Outstanding Advisory Committee Volunteer Award to Carol Wright for her work on the Vanderbilt Beach Beautification MSTU Advisory Committee. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 12, 2005 .- ..~.~...."..._",.."..._...,.....-.....~.-"".,>, - COLLIER COUNTY Agenda Item No. 3A 1 April 12, 2005 Page 2 of 5 BOARD OF COUNTY COMMISSIONERS Item Number 3A1 Item Summary Presentation of the Advisory Committee Outstanding Member Award to Carol Wright, Vanderbilt Beach Beautification MSTU Advisory Committee. Meeting Date 4/12/20059:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 3/23/2005 2:00:06 PM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/28/2005 11 :55 AM 12/13/2004 15:19 2395968522 .cF~:'· ... :iz:~.e¿{~~¡~;~~/'~~?ß::~~)",1~ " .:;. ..;..~.!.'.~. ,.r-.' - .. ", SCHMIDT FAX I>Ð. : 2392135S99 PAGE [11 ", - Dec.. 13 ,2æA!lfJréMte~ No. 3A1 .,' ...' 'Aþrìl.12,20p¡:: , '-, P"age 3 0; RECE'\'ED cJft.,. CoM.nty n¡: r ?, 2ñf'ii. __10,.; _~- ~t ~~~ ADVISORY CQMMJ.TT.EE OUTSTANDING MBMBRR NOMJNA"J'fON FORM ;:~:' ~F· ~~ ',,'. f . ·'.<;iiß ~ ~':; ~ ~::!1~r'~ .- ~ 1 .. Tbc objd\l'e of 1bis program is to rooogøize IIipi1icaot r;;œtributJons to 1he OJpDÍ7JrtÌ()II. ~dJòt ~J,Uity b)' memlJlCl1J øf iM maøy adv.iaory boødJ and committees formed to BSSist the Board of Cødmy CoømissiOQcØ ÍD caøyina out their cl.ckd duties. A11 CQQ1ØIiuecmembe:rs who have ~ at 1east OI!IIC ycqr Wi!UIIICC(' IHIn'iee em aø.1Ctri.-.y oommittce are eli¡ibIc fornomiMtion. A COJn1IIittee may ~ QJJIr of their l'ØCMbcrs if they søtiIdÿ . or ¡Dare of thß criteria 1istcd ~ow. The speoifi<: mtSOQS for ttK' ~ $hould be docmnaIted on this fotm ~dc:!r the ~ ~ .Att8ch IIdditioøal psg. ifJlOœSaøy. I- 'frù.J,~ H Liaiac:m: "' ('" 1) Doe61bc mcœbcII' strIetIy foUow the 0fdi'œDœ ~ the OOIJImilæe? 2) Doos the ~ ba1re an açe,ßc:nt ~ tcOOnI? (At.least 90% ~ 01" oo.man: th8u QDe 8bIeGce m. the 1att 12 moødJJ.) 3) Oivo sptdfie cømplœ of exemplary wJœdœt 1a'1Iite. 4) ~. UlJique1y iJJœva1ivc soJutioo to a probtem. S) Dåi1 an ~ of a ~ dJ8t reIIIIkd in cost IIM8p Of ~ produc&Mty. æð¡P'-~ . _ 4~J-~ ~~i : / ;/tf,Lo,y j 7JL~1 0 ':L S18ffLiaisnn I Si¡Ðature JÀIIÞ Oa ,J~I ~ (eater "* of .AðYiIory Comm~ ~ the above yefa'CIICed Mvîsory Cogmtitlee voœd 4 to 0 to nomm..œ the abøYe ~ ~ as ()~"g A.etÑOI1 Committee Member. Sd'1..~ arc UJ BUbaût Jbo ~ fora ~ Cbø ~ ~ Department no later thaÐ 1.bc :first otthe mœth pmceding die awwd mondL , .' . " . Peg" 6 J: 1'aaIaÎIi c..a.;y ~ lICe Føø8I""""'Q ~ C JI.l t.. ............,.- W'WI,9»'0,- . .1, {o. ,. ~ ... --',.. . . ......"'.. . . '\..;'~......\..' .. ... . . ..to:. ...... _+' ; .. ".:.:\., . ,,' ,'. ..," .", -. Agenda Item No. 3A 1 April 12, 2005 Page 4 of 5 - -c Va"dørOißt BøaeA At.8.7.". November 30, 2004 Dear Chamnan Lydon: I would like to recommend that the Vanderbilt Beach Beautification M.S.T.U. Advisory Committee recommend to the Collier County Board of County Commissioners that Ms. Carol Wright be nominated to be a recipient of the newly created Award Program "Advisory Committees Outstanding Members Service Award". I believe that Ms. Wright's work on the grant application process to try and secure grant monies to assist our M.s.T.U. in building a sidewalk on "the east side of Gulf Shore Blvd. went far beyond the normal duties and responsibilities of an Advisory Committee Member. Her hard work and diligence is an inspiration to our Committee. I hope that you and the other Advisory Committee members will agree with me and vote to recommend Ms. . Wright for this award, which shè truly deserves. Sincerely, Lew Schmidt -,.,-------r--- -- '... .~. '" Agenda Item No. 3A1 Aþril 12, 20.0' Page 5 ot ~ 1/ ttHdllrOiet 81laea M.S.f.". December 2, 2004 MEMO To: The Hwnan Resources Awards Committee From: Vanderbilt Beach Beautification MSTU Subject: Outstanding Advisory Committee Member nomination Attached for your consideration is our Advisory Committee Outstanding Member Nomination form for Ms. Carol Wright. Ms. Wright is highly recommended for this award by the unanimous vote of her fellow Committee members at the regular meeting of the Committee on December 2, 2004. At the direction of the committee, Ms. Wright agreed to prepare and present an application for a financial grant to supplement the cost of constructing a desperately needed sidewalk along Gulfshore Drive in the Vanderbilt Beach area. Carol willingly accepted the assignment and began work on the project At her own expense, Carol put together a very professional presentation that included supporting Power Point slides. While all of our committee members contribute considerable time to the MSTU, the hours and effort required to prepare, rehearse and present the application to the review Committee were far and above the nonn. Consistent with her outstanding efforts to promote the beautification of our community at the least cost, we the members of the Vanderbilt Beach Beautification MSTU are please to nominate Carol Wright for this recognition and award. Di Advisory Board Members Awards Participation Board of County Commissioners Meeting 4-12-05 Name -. Advisory Board 5 Committee 5 5 5 5 Agenda Item No. 3A2 April 12, 2005 Page 1 of 2 # of Years Item Number Item Summary Meeting Date COLLIER COUNTY Agenda Item No. 3A2 April 12, 2005 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS 3A2 Advisory Committee Service Awards 4/12/2005 9:00:00 AM Prepared By Date Paula Springs Board of County Commissioners Executive Aide to the BCC 4/4/20059:15:44 AM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 4/4/2005 9:27 AM - 'proved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/4/2005 7:08 PM ^^r^^^-- Proclamation Agenda Item No. 4A April 12. 2005 Page 1 of 2 Whereas, the Children's Advocacy Center of Collier County in conjunction with The Child Protection Team, and the State of Florida is recognizing the month of April as Child Abuse and Neglect Prevention Month: and, Whereas, 3,371 children in Collier County were reported as abused, neglected, or witnesses to abuse or neglect during the fiscal year 2003-2004: and, Whereas, child abuse and neglect cause considerable trauma to the child, family, and society: and, Whereas, child abuse and neglect can result in illness and serious injury, impairment of physical, inteffectual, and emotional well-being, or even death: and, Whereas, abused or neglected children are at greater risk of repeating abuse and neglect as adults: and, Whereas, children of Collier County are entitled to live and grow in a healthy, nurturing environment, and free from the intimidation of violence and harm: and, Whereas, Collier County recognizes that child abuse and neglect prevention can decrease the cost for society in dealing with the consequences of child abuse and neglect: and, Whereas, during the month of April, Collier County will promote community involvement, raise awareness, and educate parents and caregivers to prevent child abuse and neglect. NOW, THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, that the month of April be recognized as CHILD ABUSE AND NEGLECT PREVENTION MONTH DONE AND ORDERED THIS 12th Day of April 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN ATTEST: .- DWIGHT E. BROCK, CLERK ,..........,_..._,..,- Item Number Item Summary Meeting Date Agenda Item No. 4A April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4A Proclamation to recognize the month of April as Child Abuse and Neglect month. To be accepted by Jacqueline Griffith Stephens, M.A., Executive Director. 4/12/2005 9:00:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 3/3D/20D5 3:11:28 PM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 4/4/2005 8:58 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/4/2005 8:49 PM - - - ^.-...--"---.........-.. - WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WlØEAS, WHEREAS, PROCLAMA TrON Agenda Item No. 48 April 12, 2005 Page 1 of 2 President RlInaId W. Reogan first dccItuwd "Natiønal Crime Victims' RIghts Week" In 1981 to focus øur Nation's attention 011 the plight of crime victims; and, this Silver Anniversory of NotføntJl Crime Victims' Rights Week provides a national opportunity to reflect on the devastating impact of crime and tfU"t"Of'ism 011 victims and øur entire Notion, and tø strengthen ocr natlønøl resolve tø fUISUt'e that victims' needs are identified ønd addressed; and, since 1981, the crime victim assistrurce field has expanded frvHn a handful of assisttlnce pt'Ogf'tJms to include over 10,000 community and justlctt system- based programs, and In 2005 there are more than 32,000 federal ønd state statlrtes that define and protect victims' rights; and, America as a NotlOll, and we as indMduals and communitlu, recognize that justice isn't served until crime vlcthns are, that crime and violence in Amer/CQ affects us all, and that victims' rights ore 0 critical cømpøncnt of '"Justlctt for aft"; and, justice isn't served until 011 crime vlctfms ond those hurt by crime, our trlØthers and fathers, SOlIS and daughters, sisters and brothers, neighbors and friends, ore provided support ønd assistance in the aftermath of victimization; and, despite impressive accomplishments over the past 25 years in crime victims' rights and sllrvlces, there remain many chaftenges to ensure that all crilflC victims and survfWlf's are treated with dignity and respect, recognized as key participants within our systems of justice, and afførcied services that provide help and hope to them; and, America os a Nation recognizes that we urve justictt by serving victims of crilflC and that by helping victims and survlWlf'S of crime, we help make øur homes and neighborhøøds, communities and Nation stronger, 54fer, and more secure; and, America has Joined together annually for the past 25 years to recognize the needs and rights of crime victims and survivors during National Crime Victims' Rights Wellk each April. NOW THEREFORE, be it proclailflCd by the Board of County Commissioners of Collier County, Florida that Coffier County duignates the week of April 10 through April 16, 2005 to honor crilflC vlctfms and those who serve them during this week and throughout the year; and be it further proclaimed that as individuals, . CØlflmunltlu, and 0 NatlOll MIl value Justice in America that includes and involvcs crime victims, and sellk tø serve justice by serving vlcthns of crime. tJONE ANO OROEREO THIS 1 zt" Ooy of Aprn, 2005. ATTEST: 8OARO OF COUNTY COIM1ISSIONERS COLLIER COUNTY, FLORIOA FREO W. COYLE, CHAIRMAN OWIGHT E. BROCK, CLERK Item Number Item Summary Meeting Date Agenda Item No. 4B April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 48 Proclamation to designate the week of April 10 through April 16, 2005 to honor Crime Victims. To be accepted by Sergeant Cathy Lambert of the Collier County Sheriffs Office, Beth Knake, Project Help, and Kathy Hermann, Shelter for Abused Women. 4/12/20059:0000 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 3/23/20059:13:32 AM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date Approved By BCC Office 3/25/20058:54 AM James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/28/2005 1 :03 PM Agenda Item No. 4C April 12, 2005 Page 1 of 2 - PROCLAMA TION WHEREAS, Naples was nømed Americas Top SmGII Art TOMlin the book, "100 Best Art Towns in America": and, WHEREAS, this designation was based upon the quø/ity and vor'iety of the arts ønd cultural community in the Greater Naples al"eo; and, WHEREAS, the Philharmonic Center Cultural Complex with its nationally acclaimed Art Musecmt ond Ol'Ches1rtJ was named "the Jewel in Naples' arts CNMI"; and, WHEREAS, the WII Uebig Art Center' WC2$ I"ecognized as a nationally I"enowned facility that pNvides a wide r'Onge of services for' local artists; and, WHEREAS, members of the Naples Art Association and the Marco Xslønd Art League wel"e specifically cited for' their' N/e in helping build and sustain the arts in the Greater Naples area; and, WHEREAS, the Naples Player's, the Pelican Players, and the Naples Oinner' Thea1re wel"e credited for providing "a lively and broadly supported theatre scene"; and, - WHEREAS, the honor' of this designation as Americas Top Small Art TOMl is the result of the hard work, vision, ønd dedication of people thr-oughout the Greater Naples area; ønd, WHEREAS, the al"eas 33 non-profit cultural OI"!JOnizations, our JOO+ art galler'ies, and !iOO+ local artists and pcl"former's, shal"e a common goal of making our community a better' place to live and to visit. NOW THEREFORE, be It proclaimed by the Board of County CQmmissioners of CQllier' CQunty, Florida, that the week of April JO, 200!!J be designated as ART APPRECIATION WEEK and to recognize the effor'ts of those who have wørked so hard and so long to malce OUr' community America's Top Small Art Town. OONE ANO OROEREO THIS J2t1o Oay of APRIL, 2OO!!J BOARl> OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA FREO W. COYLE, CHAIRMAN ATTEST: .- l>WIGHT E. BROCK, CLERX. _.'~".."""'._."".."--~".." Item Number Item Summary Meeting Date Agenda Item No. 4C April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4C Proclamation to designate the week of April 1 Oth, 2005 as Art Appreciation Week, To be accepted by Elaine Hamilton, Executive Director of the United Arts Council. 4/12/2005 9:00:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 3/23/2005 9:49:34 AM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 3/23/2005 3:12 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/28/2005 3:03 PM Agenda Item No. 40 April 12, 2005 Page 1 of 2 PROCLAMATION ,.<.~_. WHEREAS, in 2001 Collier County became an "entitlement community" receiving federal funds from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) Program, and in FY 2003- 2004 received Home Investment Partnership Act (HOME) funding, and in FY 2004-2005 received Emergency Shelter Grant (ESG) funding, and, WHEREAS, Collier County certified that it will affirmatively further fair housing opportunities and will work to identify and remove impediments to fair housing choices: and, WHEREAS, Collier County's FY 2005-2006 Consolidated One-Year Action Plan outlines fair housing initiatives that will be undertaken, which include education and outreach campaigns to further fair housing choices for Collier County residents: and, WHEREAS, Title VII of the Civil Rights Act of 1964 and the Fair Housing Act of 1968, as amended, prohibit the discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex, national origin, handicap, or familial status: and, ,- WHEREAS, the Secretary of HUD has proclaimed April 2005, as "National Fair Housing Month" and asked all CDBG Entitlement Communities to join in celebrating the freedom of housing choices and ~air housing opportunities: and, WHEREAS, the Boord of County Commissioners of Collier County feel that every American has a right to live where they choose with dignity and without fear of discrimination, and actively support the Fair Housing education and outreach initiatives, NOW, THEREFORE be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of April be recognized as "FAIR HOUSING MONTH" in Collier County. DONE AND ORDERED THIS 12TH DAY OF APRIL 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ,- ATTEST: DWIGHT £. BROCK, CLERK Item Number Item Summary Meeting Date Agenda Item No. 4D April 12,2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4D Proclamation to recognize the month of April as Fair Housing Month. To be accepted by Candance Tapscott and Jeff Cecil from Housing and Urban Development. 4/12/20059:0000 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to Bce 3/30/20053:04:33 PM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BeC Date BCC Office 4/4/2005 8:55 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/5/2005 12:51 PM ---···-T- PROCLAMA TION Agenda Item No. 4E April 12, 2005 Page 1 of 2 WHEREAS, t"- Greater Naples Chamber of Commerce, in cooperation with the Naples Oaily News, is celebrating "Oistinguis"-d Public Services Awørefs Oay"; and, WHEREAS, an individual from law enforcement, fire, and emergency services will be selected for this awørd based on achievement above the norm and/or generous individual acts throughout the year; and, WHEREAS, these recipients will be awørded at a breakfast event on April 20, 2005, to be held at The Naples Hilton and Towers in Naples: and, WHEREAS, fIOffIinations for these awards have been solicited by The Naples Ooily News through advertisements and through the VGrious department officers,' and, WHEREAS, the individuals will be chosen by an tIIIOtIytfIOus selection committee. NOW THEREFORE, be it proclaimed by the Board of County Commissioners that April 20, 2005 be designated as OISTINGUISHEO PUBLIC SERVICES AWAROS OAY when these outstandIng public employees will be recognized for their outstanding commitment to our community. OONE ANO OROEREO THIS lztt' of April, 2005. - BOARO OF COUNTY COMMISSIONERS COUIER COUNTY, FLORIOA FREO W. COYLE, CHAIRMAN ATTEST: OWIGHT E. BROCK, CLERK - ,-....."..,...._~,,~-,,', Item Number Item Summary Meeting Date Agenda Item No. 4E April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4E Proclamation to designate April 20,2005 as Distinguished Public Services Awards Day. To be accepted by Jill Rapps, Ciccarelli Advisory Services, and Tom Wagor of Fifth Third Bank. 4/12/20059:00:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 3/2/200511:52:11 AM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 3/21/20051:54 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/28/2005 11 :52 AM ...._,-- PROCLAIM TION Agenda Item No. 4F April 12, 2005 Page 1 of2 .- WHEREAS. Mrs. Leila Canant moved to Collier County from Georgia in September 1928. and became one of the first teachers in the region. instructing Naples students in English and Latin; and. WHEREAS. Mrs. Canant began her distinguished forty-year teaching career in Naples working In a five-room schoolhouse without air conditioning or central heating; and. WHEREAS. Mrs. Canant taught students in the ninth through twelfth grades. as one of only six teachers in town; and. WHEREAS. Mrs. Canant and her sister. Edith. often entertained Naples' 300 or so townspeople at the local movie house. taking turns playing the piano to accompany silent films; and. WHEREAS. from 1944 to 1946. when the principal of Naples High School was called to duty during World War II. Mrs. Conant shared the position of school principal and proved that women could be equally effective administrators as well as educators; and, WHEREAS. in the 1950's Mrs. Canant continued to teach seventh through ninth grades at what is now Gulfvlew Middle School and later, at Naples High School; and, -- WHEREAS, before retiring in 1969, Mrs. Conant spent her last year teaching students in the second grade at Shadow lawn Elementary School; and, WHEREAS. as a true Collier County pioneer and warmly admired teacher. she instructed many future community leaders including Sheriff Don Hunter and former City Manager Richard Woodruff; and, WHEREAS. Mrs. Canant will celebrate her looth birthday on October 11, 2005. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 12, 2005 be designated as MRS. LEILA CANANT DA Y DONE AND ORDERED THIS 12th Day of April 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA FRED W. COYLE. CHAIRMAN ATTEsT: -- DWIGHT E BROCK. CLERK Item Number Item Summary Meeting Date Agenda Item No. 4F April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4F Proclamation to designate April 12, 2005 as Mrs. Leila Canant Day. To be accepted by Mrs. Canan!. 4/12/20059:00:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 4/4/20052:53:06 PM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 4/4/20053:10 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/4/20054:14 PM PROCLAMATION WHEREAS, emergencies can occur at anytime that require law enforcement. fire. or emergency medical services: and, WHEREAS, when an emergency occurs. the prompt response of Sheriff's Deputies, Police Officers, Firefighters, and Paramedics is critical to the protection of life and preservation of property: and, WHEREAS, the safety of our Deputies, Police Officers. Firefighters, and . Paramedics is dependent upon thè quality and accuracy of information õï;tained from citizens who telephone the Collier County Sheriffs Office 9-1-1 Communications Center and Naples Police and Emergency Services Communications Center: ane/. WHEREAS, Puhlic Safety Dispatchers ore the first and most critical contact our citizens have with emergency services,' ane/. WHEREAS. Puhlic Safety Dispatchers are the single vital lin'l< far our Deputies, Po/ice Officers, F¡ eaies by monitoring their activities by " and ensuring their safety: ane/. WHEREAS, . "f's Office 9-1-1 'Y Services the ment of WHEREAS, e NOW THERE¡=¡ CollI desig. in Co/lier County in women whose diligen~e and professionalism keep our city ana citizens safe. DONE AND ORDERED on this 12th day of April 2005. BOARD OF COUNTY COMMISSIONERS COJ.J..IER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN A TTE!ST: DWIGHT E. BROCK, CLERK ~\)\J - Dh 11r~a\o.. L~ L\G, D.\\L\DS -_.--" Agenda Item No. 8A April 12, 2005 Page 1 of 49 EXECUTIVE SUMMARY Recommendation to Approve an Ordinance Amending Ordinance No. 92-60 Relating to Tourist Development Taxes, as Amended, to expand the use of Category C-2 uses to include Municipal Owned Museums; to change the percentages of C-1 & C-2 uses and to enable the use of surplus Tourist Tax Funds for additional promotion. OBJECTIVE: To obtain approval for Ordinance Amending Ordinance Number 92-60, as Amended relating to Tourist Development Taxes. CONSIDERATIONS: At the December 17,2004 BCCITDC Joint Workshop, The TDC and BCC discussed the following: 1. Increase Museums Category C-l to 22%; decrease Category C-2 to 4.764%. 2. Use surplus funds over projected revenues from all categories for promotion. The change in Category C allocations was suggested as a way to fund the operating expenses of the Naples Depot as a County operated museum. Additionally, on July 27, 2004 the Board of County Commissioners approved including Municipally-Owned Museums in the C-2 grants category. At the BCCITDC Joint Workshop, the BCC directed staff to take an ordinance proposal to mc and then return to the BCC with a recommendation. At the BCC February 22, 2005 Board meeting, the TDC and staff recommendations were presented requesting approval to authorize staff to prepare an Ordinance Amending Ordinance No. 92-60 as amended. Approval was given for staff to prepare and advertise an Ordinance Amending Ordinance No 92-60 as amended with the following changes: Words underlined are added; words stFHek throu.gh are deleted. Category C: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned or operated museums or municipal owned museums or museums that are owned and operated by not-for-profit organizations and open to the public. 26.764%. C (1) County owned aBd or operated Museums: .¡..g. 22%. C (2) Municipal owned museums and museums owned and operated by not-for-profit organizations open to the public: +.-+64 4.764%. Category A- no greater than 50% of the 2% tax and 100% of the 1% tax, reduced by the amount required for Category D, up to a maximum of the approved budget by Board of County Commissioners on or about October 1 of each year. ,.----... Agenda Item No. 8A April 12. 2005 Page 2 of 49 Category B: 23.236% of the 2% tax. An additional amount may be added at mid fiscal year on or about April 1 which will be based on the difference between the projected amounts of Categories A. B and C on October I of the applicable fiscal year and the actual amount collected by April 1. Category C: No greater than 26.764% of the 2% tax. County owned and or operated Museums: W 22%. C(2): Municipal owned museums and Museums owned and operated by BeD: not for profit organizations open to the public: +:-+644.764%. Page 4 Section (2): The additional one percent tax revenues collected pursuant to Section Hé- ~ TWO (F) shall be used to finance beach park facilities, beach improvement, maintenance, renourishment, restoration and erosion control including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Per Jaw this Ordinance Amendment was advertised for public hearing ten (10) days prior to the March 8, 2005 BCC meeting. FISCAL IMP ACT: Funds are or will be available in the FY 05 Tourism Department Budget. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan reJated to this action. RECOMMENDATION: For BCC to approve ordinance amending Ordinance No. 92-60 as amended with the above noted changes. PREPARED BY: Gail Hambright, Administrative Assistant, County Tourism Department Agenda Item No. 8A April 12. 2005 Page 3 of 49 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date SA This item has been continued !'rom the March 22, 2005 BCe Meeting Recomrnendation to Approve &111 OrdH1ance Amending Ordinance No. 92-60 Relatir1g to Tourist Development Taxes, as Amended, to expand the use of Category C-2 uses to include Municlpa: Owned MUSf:!UnIS~ to change the percentages of C-1& C-2 usegc and to enable the use 01 surplus Tourist Tax Funds for addItional promotion. 4/12/20059:00:00.A.M Item Number Item Summary A P proved By Jack Wert Tourism Director Dat~ County Manager's Office Tourism 3/1/20058:40 AM Approved By OMB Coordlnato.r Admínistrative AS5í5tant Date County Manager's Office OffielD of Manlgement & Budg~t 31412005 2:09 PM Approved By Mark Isadrson Budget Analyst Date County Manager's Office Office of Man.agement & Budget 3/31120059:37 AM Approved By Michael Smykowski Management & Budgot Director Date County Manager's Office Office of Management & Budget 3/311200510:06 AM Approved By James V, Mudd County Manager Date Board. of County County Manager's otfice 4/412005 1: 36 PM Commissioners ,,,".......".'""1',;,;""'"""""'",,"'''','"',,_"'''''''''",,.,_,,,,,,.,,,·',··;, Agenda Item No. 8A Revised 3117/05 April 12, 2005 Page 4 of 49 ORDINANCE NO. 2005- AN ORDINANCE AMENDING ORDINANCE NO. 92-60, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED, PROVIDING FOR AMENDMENT TO ALLOW MID-FISCAL YEAR TRANSFER OF FUNDS TO CATEGORY B ADVERTISING AND PROMOTION USES; PROVIDING FOR AMENDMENT CONCERNING THE USE OF TAX REVENUES TO EXPAND THE USE OF CATEGORY C-2 USES TO INCLUDE MUNICIPAL OWNED MUSEUMS; PROVIDING FOR AMENDMENT TO CHANGE FUNDING ALLOCATIONS FOR CATEGORY C MUSEUM USES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, the enacted Board of County Commissioners Ordinance No. 92-60, which levied and imposed a tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended, and to utilize previously collected tourist development taxes as authorized by Chapters 92-175 and 92-204, Laws of Florida, enacted by the Legislature at its regular session of 1992; and WHEREAS, the Board of County Commissioners of Collier County, by an extraordinary vote, desires to amend the uses of tax revenue and the tourist development plan to fund the County's tourism office; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Section 126-83 is hereby amended to read as follows: 1 - Words underlined are added; words sIro6k tlrnmgh are deleted. Agenda Item No. 8A Revised 3/17/05 April 12, 2005 Page 5 of 49 SBCTION ONE: AHBNDMEN'l' TO SBCTION TBRBB OF COLLIER COUNTY ORDINANCE NO. 92 - 60, AS AMENDBD Section Three - Uses of Tax Revenues. (a) The tax revenues received pursuant to this division shall be used to fund the county tourist development plan, which is hereby amended as follows: Tourist Development Plan The two percent tourist development tax was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district includes the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24- month period was Seven Million Dollars ($7,000,000.00), less costs of administration. The additional one percent tourist development tax was levied throughout Collier County beginning the first day of January, 1996. A majority of the electors of Collier County voting in a straw referendum election approved the continuation of the additional one percent tourist development tax prior to June 30, 2000, therefore the additional one percent tourist development tax shall continue until terminated by an amendment to this ordinance. The tax district shall include the entire geographic area of Collier County, Florida. (1) The categories of use of the two percent and one percent tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORY A - To finance beach park facili ties or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance, shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net revenue no qreater than 50% of the 2% tax and 100% of the 1% 2- Words underlined are added; words 8IFøek Ihra¡¡gk are deleted. CATEGORY B - CATEGORY C - Agenda Item No. 8A ReviBCd3/17105 April 12. 2005 Page 6 of 49 tax, reduced by the amount required for Category D, UP to a maximum of the approved budqet by Board of County Commissioners on or about October 1 of each year. To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off-season visitors to Collier County and to fund convention bureaus, touri st bureaus, tourist information centers and news bureaus as county agencies. If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Percentage of Net revenue 23.236% of the 2% tax. An additional amount may be added at mid fiscal year on or about April I which win be based on the difference between the projected amount of Category A and Category C in October I of the applicable fiscal year and the actual amount collected by April 1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned or operated museums or municipal owned museums or museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net revenue No qreater than 26.764% of the 2% tax. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does not exceed 26.764% of the 2% tax. Sub-categories: C (l) : County owned operated Museums: aÐd or ~ 22% C (2) : Municipal owned museums and Museums owned and operated by ~ not for 3 - Words underlined are added; words stFuek lllreügh are deleted. Agenda Item No. 8A Reviscd3/17105 April 12, 2005 Page 7 of 49 profit organizations open to the public: ~ 4.764% 4 - Words underlined are added; words 5IFuek 1hæugh are deleted. ^^-~- , Agenda Item No. 8A Revised 3/17105 April 12, 2005 Page 8 of 49 To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. CATEGORY D - Percentage of Net revenue Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed $200,000. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. (2) The additional one percent tax revenues collected pursuant to Section 12é 82 (f) TWO (F) shall be used to finance beach facilities, beach renourishment, restoration and erosion control including pass improvement, maintenance, park and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. (3) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in Statutes. accordance with the provisions of Section 125.0104, Florida Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other Collier County shall provide. terms, conditions and covenants as the governing board of This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in law. derogation of, any powers now existing or later conferred under s- Words wulerlined are added; words stfuek 1M&Bg8 are deleted. (4) The event bonds are issued by Collier County for any of Agenda Item No. 8A Revised3/171OS April 12, 2005 Page 9 of 49 the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audi ted, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds, the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided therein. .i2l ~ The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTION' TWO: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. 6- Wortis underlined are added; words IiIruek IhFeHgIt are deleted. w_,.-- Agenda Item No. 8A Revised 3/17/05 April 12, 2005 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Page 10 of 49 The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State and a certified copy of this Ordinance shall be filed with the Florida Department of Revenue within 10 days after the adoption of this Ordinance. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of , 2005. ATTEST: COMMISSIONERS DWIGHT E. BROCK, Clerk BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney CP: TDC'Drd\AmeDd#2 Ord. 92-60TDC 7 - Words underlined are added; words IIINek haHgh are deleted. «l.()0) -0 '<t "::>- " 0 Ñ..... E.......... 2'Eê1 - Q.co co<Ca.. "0 c: ( ) rn « ><U) ca...., I-r:: ....,(1) r::E (1)-c Er:: Q.(1) .2E (1)c:( >(1) (1)(.) Or:: ""'ca .! r:: I.. .- ::::J-C 01.. 1-0 ~(/) I: I.. :::s(1)Ln 01:0 ,,, 00 '-' .- C\I (/) ..... (/) ~ o ._ C\I -oE"'" I..E- tCS .¡: ooe. a]U« <::(1.0 OJ coo"< " ,0_ ON 0 ZN-N E"-"- w=ClJ ::= å. O'J ro <::( ro <:! a... c: ClJ OJ <::( >< m I-Ln ....0 ~ s::: 0 o Q) N ::__ E Q) s::: ~ c. 0 I.. 0 E+= &ã>Eo Q) >::sE .... Q) en 0 ca C I.. o -c.. ....ca E .~ 5 -c ~ :s.- s::: CI) o.:!::: ca U)I--C · ::s -cD: :æ ~ « 0.: o Q) I.. ... .... (.) 0 0) (/) >< -; .5 Q) W ::s U) O)....s:::;:: s::: U) Q) êD ca Q) > > .J: > Q) -c o .ED:<e rl rl ><tn m... 1-1: ...(1) ¡E E"C c.C oQ) -E ~<C (1)(1) CU ...1: tn«S · - I: I.. . ::1- o"E 1-0 «1t)0) .- 0 '<t ":)- ,¡ 0 - C") N.,... E..... (1)1: ~ .:!: Co ro ro«Q.. "0 c (I) Q') « en :E :J W en :J :E ..,. ..,. CJ \.II \.II > a: o ~ W l- e:( CJ I .... .... o E :::J CU 0,... -;!¿ ;; i ó ~ CU -JIlt 0 ~ ~ CG ...., · ....,N (fl.~ OCUO' NO ...., 1.. N ...., ,... CU E ~ · '" 0 OÔO ....,~ c: 1..1 .:: .. en · .- 0 tn"'" ,... I'- g'-C -C &. E E .- CU c: CU 0 0 -C c: :::J C u..1.. 1.. 1..;:u.. u.. 00 cutn,... N 3: ~ ...., CU · O. ....,CUc.O CU c: (,) CU g':::J.2z CU 0 Cã 1.. .c 0 (J,) 0 O~ a:'Þ- . ,... . N ~.._'-"".~..,~.._.,-~. -'~-·r·---· «LOO'> CO°-<t 6~õ Z --<t N.,... E"'" 2:¡:~ - D.ro ro«o... " c ( ) OJ « I en c z ::J U. en en w (J ><W wen ~- Z== _W I-a: enD.. Ww >J: ~I- U) I.. I (1) 0 ~ Q) O~ ~ .....U) .:: ... '"C (1) .- (1) - c: I.. > (1) U) (1) ftS ftS (1) ..... :5 E2U) æEg U) (1) m '"C ftS (1) ..... U) .c: .c: c: ëV en c: C) (1) Q) I- (.):::J ~ I.. '"C C ~"fi ëV - u.. êã ~ :;·ëñ ftS ftS ~ (1).c: III:: #1\ 0 +:: ::ãæ (1) I.. ~ (,) -= -= ~ I.. I.. m ftS I.. ftS ~ (1) > (1) (1) I.. :E I- Æ U) c. ~~ '"C :::J ~ ..... ø" I.. E (1)."" m 0 c 0 VI 0 0 .c ~ u...c: ,~ ~ ~ ~ (.) I- ~ ~.~ ~ Em:> en ~ 0 O!::; ::1 (þ (,)1.. ..... c: - ::> oJ m .c: ftS 0 - ;> ,... 0 I- c: #1\.- (1) m êñ c:..: - C. ëã I- en .§~~~ gC)~.= ~~ o (1) :::J E ;:.!: -x ëñ .s.c: c ~ ftS 0 '"C wu (1) .- I- (1) > (þ e E C == C .~:!:: c:~ma.~8.(1)C:::~ ..... m U) ..... a. en Z ::1 ftS:C U);: (1) ~ '"C J.. C) en +:: ftS ~ (1) .c:(,) III:: (1) 0 c: J.. C J.. ...::::; E ...::::;..,..,...... - (1) (1) 0 Q) ftS "",.- U).c ..... > ~ ftS Q) ~ '"C.~ 0..... 0 ftS >en m > <t>..JO a.u.. rl rl rl rl rl Á'§~ "- J 0 -I.!') N..... E"- 2 'E gj¡ -a.ro ro«Q.. "0 c: cv 0> « 41 š ~ ¡;:.. §,3 - ~ ~::E c . Ð~ ;.., i ~ s:e ~ '¡ _ ~'õ ~ ~] ~ oi5'¡¡ ~. '" ~ ..~ = 0 Õ'i~ ,.:,,! :::I ~ ~ 0 n;'; ni - 0 ~õ1", 8h 1< ;. ~ :3.E 8 '" tt; ê 5 :¡ "''Ö~ IX w_ ca~ ~. ~ ~ ~ ~ d ~ \J i QJ ~ = ~a~e] § C> '" ~ ~ ~ ~ ;:otSo œ C:C:Q,ì~ ~~ ~ ~ 2fJ1f¡. ,"oS ~ c: :J ~ 0 0 d tJ 8~Q,ì~=Q,ì~ { }C~aQJ~~ :>otJ~eOoþ .J :æ If¡ ~ = <J ~ a. Q,ì:=O'";a 2np~~ ~ð~ui~.a ~ ~ M ~ «L!"JO'J coO"¢ ,0_ ON 0 Z Ñc.o E"-"- <D=<D == c.. C) ro « ro "0 D- C <D OJ « ...."",....i\;"'"_..¡;,-'__,".wö; ..... c: Q) E ..... o Q) > c: - C) C:~ .- 0 o ._ 0 t::(\I Q)..... >0 -c::::J <1:C) O~ 0<1: 01 11"'\ 0== OJ.. Me. 0<1: 00 0 00 0 o q 0 ..n M C\I~ oð C\I C\I ~ Q) C\I~ ~U) ~. ca:] .c~u"C° (.) LL ã) .- :I: ¡.. '" ca · '" 0 Q) (Uw>_t: mu)~LL;;: o .;:> 0 E .!: ::æ: La.! ciS g Cãrnøcn-c ö c.. (U t: s:: g M __ s:: :] .- u. ~ (U .- .... _ No tn "'U ca .! ca u. (U EQ).... "C "'" C) s:: Q).- ~coUi'-O-~ C1) _ ( ) ~ ::J: ~ ,g "C ..::: .c P"t'\ >:] LL ::s :I. """:1. 0 ca (U 0 ca.... · ...J 1; u.. - r::::::J: La.! ¡.. "'..::: :]"'C en . o~ >-0- it c.~=()O I: __ " ~ E '" U) .- .- -;:> .... .- E 0 III co ¡.r:::: ~ co U III LL c.. I- C1) ¡¡: (U ~ (U c.¿ c. -=:; (ij ._ _ « Q) m c: () III co r::::"E c. ._ tn :] (.) 0 ns tn >c.mrnmG3: ~ ::) I:§- (U Z rl rl rl rl <:I.()C ) ,....ii.Q '<t "'- ~ 0 0 or-- ('. ,,- 0 E...... 0 2'E ~ ex:> - Cl. ro ex:> (I') ro<:a.. (J) "'0 (J) C ('I') I'- Q) 0) ~ C\/ (J) <: fJ7 0 0 0 I.() N~ 0 ,... 0 <.0 ,... ex:> I'- ex:> ex:> I-Z C\/ 0 I.() ,... Z- fJ7 fJ7 Wen :æ¡::: 1-0: enw en e W> e .( w :E >0 z ~ 0 0 Z« en ..J a: .( w LL fß I:W a: e Q. - oen :E W a: ~ Z...I ~a: I- ::::I en UJ 0: 0 I- 0: 0: ~ CC~ a: 0 - 0« 1.( e 0 0 0 I- '0: Z l- I- ~ I- :E..J I- UJ S W - - I- Z ..J::::I - Z Q. en en I- .(0 en - - en - 0 ~ > > en - ZO Q.I: > Z en e e W a: ::;;;en en e I 0: 0: W W ..J ::::I 0:- :Eo: 0: W en 0 0 ~ ~ .(, 0 .(W ~ 0: en! I- :J!::: -m 0 0 l- t- t- . - - ..J ..J e e :E:E - ..J I- ,en en W W W W en W - 1- - 1-0 W - a: en I> > 0: 0: ~ ~ 0 > - e e W :E > ~ ~ ..J ..J WO e ..J . .( .( W W >- .( 0: ..J W W ~ ~ 0: a: Œ:« I- 0 e Q. Q. .( 0 l- e W W e e :E I- en .( 0: 0: Z Z .( .( ... -.. -.---,-- «I,(JOJ C:OO~ .0_ ON 0 Z -CO N..- E"- ( ,)=~ :t::: Q. CO ro«Q.. "'0 c ( ,) OJ « w ~ z « J: o W o z « z - c a: o c w en o a. o a: a. ~ E ~ c: ~ en E -= .;; (1) .0) (1) (1) '"C ).. E en 0 £ë.~ .E::J::) ~ cu (1) __ (1) (1) (1) C. (1) en (1) ~ en ).. 0 m...!. (.) t: ~ ~ I -.¡: a:(1) (1) :E :; 0 ~ c. .-.-... > LL U :!:: <C (1)"" (1) oð :;t:~~a:c:O ~ CO 0 t: M >< 0 'I- .¡: (1) en ~ I CO~o-O J!! 0 m CO (1)"" I- M (1) u::: ).. (1) a:-- ~ E-- ~ ~en 0 en 00) = ::: O I ,... -- I ,,, ,ft 'I- >< "'"" )..).. ~ ......... V I 'I- CO ~ a....:: 5 :> õO I- êã 0 ir'!: ~ \V c: it) U; (1) I- c:!.- & E ã) O 0 -- > -= (1»)..).. ~ Q) E .... ).. \" E ,..,.. I.. I ~ +;-~-t: Cì)~oO~E ocoocoo.c:> ~>~... E (.) (.). - en ~ ""', ....6 +; I- en :t:: -- 'I- ;> m ~ :::;) en o -¡: en -- '"C ).. 0 (1) .2 Q) I ).. U en LL '"C ~ z.c: Z ëã c: a.. (1) 'I- <c 0 ~ 0 I c::-- '"C (1) (.) 0 c: $ g ~ C;; .2 S (1).c: >< 'I- en (1)..... (1) UJ m .., cu (.)~ wCã ~a:'"C ~ ~ ~ ~ C. t: 0) ~:I: ~.c: c: 0 -5 1:: Q) -- co _= en ~ '"C (.) 0 E .- 0 .., _2 .c: ).. ~ en 0 co (.) 0 :æ Z ..5 ~ .firS.5Ü: ~Æ~ ~ I:' r-I r-I r-I r-I r-I ~~ ,,- J 0 -N-(j) E"-"- .$'E~ - CoCO co«a... "0 c: Q) 0) « ~ - - ~ U. tn .... CJ G) . ..... o a- c.. UJ Z o - I- D.. == :J UJ UJ <C ....I <C UJ o D.. o a: D.. .... G) - s:: - oð .c CJ as G) m Ln O-c > G) u.-c s:: = ~ <tu. rl CD -CO (1) > (.) LL I: I: ca .- I: ..... .- I: LL (1) (1) E C).c: ~ 0 ca .¡: " ::1 C) 0 I: c: ._ (1) ~a: I.. I- ca 0 C. ..... ..... ca =:æ ..c I.. (1) -c I: ca > ~ CJ .- - o c.. C) s::-c .- G) -c= s:: -- ~:!:: U. ~ ....u. CJ tn .~ G) 0.... a- ca Õc..~ ëñ .c C\1 ~ g:æ: G) 1m rl «LOa> coo"<t 0_ ON 0 Z '0 E~N ( ) =c ê1 =: a. ro ro«1l.. "0 C ( ) 0) « Z LnO 0- 01- NO I-:E ZO wo: :En. l-olJ en wen >e z« - Z....l O~ ZO 0:- ::)t:: I-e we 0:« ...I <t ~ inO o~ o . C\I""") o 0: a. ...I <t ~ inZ oW o~ C\lW 0: (.) Z u>1 0' 1'-1 cvJ! <D Z o (/) e:( W o(/) CJO: e:(W (.)0 -...I J: :::) (/)' (.)00: ~J:O o:(/)~ oo:Cñ >w- m> ~:æLL zwo (.)a: Ww om >-:æ <t;:) :æz o o "=t C"') LO <D 0') C\J tf7 T ~I ~! o <D ~ tf7 fß 0: :::) ~ õ z W a. >< W 0: o ~ - (/) - > o W !d: 0: W Z W CJ >< e:( ~ (/) W ...I e:( (/) C"') LO ,.- - 0') C\J C"') tf7 LO <D C\J o co o <D LO <D ,.- o W !d: 0: W Z W CJ >< e:( ~ ~ (/)1 -, o:! ;:) o ~ o o "=t ,.- <D C"') I'- C"') tf7 o o o co o I'- I" tf7 (/) 0: o ~ - (/) - > o W ~ (.) e:( 0:, S o e:( ~ z (/) W 0: :::)! ~ Õ tffi fa. [~ (/) 0: o ~ - (/) - > ~ z <D ,.- LO I'- ,.- o C\I tf7 C\I C"') C\J <D ~ "=t tf7 C\J ,.- I'- "=t ,.- "=t tf7 ,0') t~ 1L!"i ,co 'tf7 >< e:( ~ fß ...I e:( (/) o W ~ (.) e:( 0: S o e:( >< <t ~ ~ (/) æ :::) o ~ o W ~ (.) <t 0: S 01 'e:( . """) o 0: a. . """) o 0: a. .:(l(')OJ .~'<t "'- \ 0 N-...... E......N $'E ~ -a.ro ro«D.. "'0 c Q) 0) « ~ ~W t-:J (/)Z Ww » Zw -a: IJ.. O(/) (/)(/) t-W -0 IJ..>< Ww Z W OJ CD > -- CDan Uo CD" 0:0 tn~ CD 0) -¡: I o!:: C)~ S CD ca ::s OC >< CD ca > I-~ ... tn-c -- CD I.. tn ::s ca o CD I- I.. - U - C <t- rl ~ tn I.. CD øft I.. o ü).a :r: CD -- c-c o __ C > ... tn CD ...... ::s D- C::s m >< ~ a.. >oW , c:¿ tn ... I.. '-' -c C 0 o C ::s :!:: ...::s 0 tn ><U- OS: ca E I- øft êG -c tn -~ = ~ I~ ~ E 0 CO \J o::SO~ oð I- G) >u tn ~o: êG.5 .!!! CD CO > tn CO U C) W CD en W>< C > _~ CD -- - CD I.. CD E êu u ~:§~~~ rl rl rl r--- <1:1.00> COO'<T .0_ ON 0 ZN-N E..-N 2'E ~ - c.. ro ro<1:o... ï:J c: (].J OJ <1: ca (1) c: -cO ~~!!:æ :::s :::s c: - ª 0 Q) en.- ~ ¡.. ~ E"'E (1) E 0- Eo~olJ E E C).2 :::s (1) .= (ñ en E -c (1) Cã > c: E c: 0 (1)0 .2 c.. c% c ~ E olJcn ca W (1) Q) ¡.. -c :::s ~ I-- c: c: ¡.. .... :::s (1) ca .... 0 >:æ o a: ( ,) ca J!1 I a:-c (1) ¡.. ~.¡: > m (1).2 ~>ZLL - (1) :::s U) c: ¡.. (1)S > .- (1).!!! a:> ¡..c) (1) c: J:2 .- EQ) (1) (1) ë.:æ (1)Q. en:::s I 0 ~¡.. :::se;, '-c - ca c: o ca .- =:(1) ¡.. ¡.. o~ U) .- ~(1) 0...1 .! E ~ 0 Q.J:: ~ ~W 1-::) Cf)Z Ww » Zw -CC LJ.. OCf) Cf)Cf) I-W -0 LJ..>< Ww Z W m rl rl rl rl ~- -"'Î-- OJ )1 rJj . '1"'""4 ~~ '"O~' ~"< ~ :f. CU {- P-4 *" [::. <, -,.. :, .-. .. '. ..... '. . .'. .' .., ' ::~, . . . . ", ~ :'>:,.,: ~1Y Q) ,~ r; 'J . """ '"0 Cd"! ~ Cd ~ .~ ---_._,<~. T - (1)" CfJ .~ 0 "'C~ (\S~ ~ ~ P-4 fI,,;¡\ 'i.......::'.... '.M' "<"-;':' ,,}:) ~j,;,.:,:' « .- Q) ~2 CfJ . ..... '"0 ctS {j f-I ctS ~ ^^ ----r-- 1"1, ;; \,/J'" 002 .,..... :. ""01 C\S~ J-¡> Ctjz f"\ .""; ~''"è' .b> L......·." ." ..'.',.b" ::--j~}' - JIO \ " '" ,~~: rJ'j .~ '\j (t$ ~.~ J-f" I'f"# ..: .'.'.' \. \¡I ~~~ ~" ........,.,.................'..,......+ f. wh ,~f Û:,·þ' '" \ 'f.' "" ".-'. 00'" ' .....-1 :: "0'" ""./ ~ \.I -,~~ $...¡~ ' ~.~ ~~ ~ . (1) r:.J'j . ,....¡ '"'d res $-to ct1 ~ .., '§, ,:............ :. .. :.'..... '.'..'..'...... " ' ~,~, (, 4(1 t ". . ·,,'~·,I ...,,- '''r- <:1)" CIJ ~"; ô~ ctS ~' $-¡ ctS ì.. '; ...., ~' Q,J rJJ ... .,...¡ .C ~.: ra" $..¡ Cd t:l.t .. .ç. : ,'.J :,:': :._--:~~/ '" ì'I \, ~ ~<'<" CI) .,..... "ô rt:S", ~ ro ~ ... <1J rn . ..... '"C ctS .,¡j. ~ (\j ~ ·T-- Q) e, .. ." 0.0.· 00· . .-4: ~~.' \,j-: ",.. ~.' \\1 *': $-¡ ro ~ III "'. ~ ...,"'" t;/) . .,..., '1'J CU", J-¡ ca ø.. 1--'- ClJ}: Cf:J'" .,....¡ '; "'0 -;~. ca~ .$..¡ ~ ~ ¡...............................-.............. .. '4' ·'.u '~, '%/ 11. .- cu-:! 00 .\1""'1 ""d (Uí1 ~ .(à P-4 - --""--""""T- OJ CI'J . ...-4 "'C ct:$ 4; ~ ~ .1\t, f..· ....' ... .. .... .(.... ..,...... ....".'·.......r ..... .ço:O" ,<'- QJ ,~ r.J'J . ...-t '\J ctS .+, f-t CtS P-. .''':it {:, ,'''' :" ".- ¡>- 1"1, 2. "-' c" 00\ ....... ': "O~ C'tS~ ~ C'tS. f"\ . . '. ~,~~ ... &\ .......:..............' -.........:......:.. ...............:..':...'......'.~. . .-' ~;-<;;, ?":. .. .,lfi' -~ <3J C/J . ,.... ~ ca J-t ra P-. '-. -,- (1),: 00" ....-4 ':, "g~ $...¡ ca ~> t.ii; . QJ r.t:J .'1"'"'1 "0 ra $..¡ Cd Cl.. 4;"< ...............................:. ..... ...., \1;' -1'- «1.0 OJ ~:::: >JO -r-- ,'\I '<t E"- 2'E ~ - Q.('C ('C«Q... "'0 c: Q) OJ « z o - l- e:( C Z w :E :E o U w a: ... _ C) tncal: (I) (.).- ... > tno tn.- ... I: .- ... .- -u....tn I (1).- 0,,» ... .- " I: ::E ~ ... o ......... (I) ;Cãl:= C'CStn°O '"C'"C~'"C 1:1:(1)1: (I) ::1 en ca E u. I tn E (I) = (I) 0::10.1: (.) I: - (.) (I)(I)cam a:>I:(I) (I) Om Oa:; c><~õ I-m'"C.....-.-. Ln....<t(j) ~...I:.c ~.~.- E C\I ... .....-.-. II \ --::1Ln"'" ""o~Q.CI) (I) .... ,... (I) (I) > -- en .- Otn~l== ... tn '-'" - I: C. (I) ... · ¡: (1) c. (.) m c. E <t><(I)<t.,., w > '-"'......... . ,... (l)CI)'"C (,)CI)t: Q) I: II \ m ... m U t: m(,) .: >< 0 '"CW; .2 I.. ... 0 ëã OtnE (I) I: ~ 0 CI) a: m I: ... (I) O (I) - c.. .- ... tn 0 I: I.. I: ;"'0& .2 (j) ~ ~ .æ ... > C) (I) ca ~ ...0 :g t: en 0 I: ......... m~ (I) c. oð .I: ....0 E E(I) 0 ::1 E C (I)... I.. (I) CI) ... c. 0 CI) o (I) [0.... ::1 (,) C. (I) '"C tn::E (I) m I.. <t '"C 0 a: z c.. 0 I: ... = I.. 0... æ CI) mo...... I: ~....=I:><o \I' m (I) C'CS.- Q) "7 ëñ E I- Cã ~O_-gû)g ... 0 (,) II\.¡: = c..... C1) "'" ::1 m c.. cfi .: E 0 C1) <tM C<tl-a: . . C\I M "[-- «l(')0') co°"<t .0_ aNa Z ÑD:) E...-"<t IJ.J = êS == 0.. ro ro«Q.. -0 c IJ.J en « tn Q) .- I- o ..... C) m Q) Q) ... I- m CJ (.) I- >< Q) m J: I- Õ ... c: .! <C I- I- ::J 0 o 't- I- -c Q) ~ o - c. E tn W -c tn r: ... ::J c: U. ~ E .- tn tn .- Q) ¡.. c: ::J o ~ I- I- ... Q) c: tn J: ::J tn'" o Q) 0 U (Joð >< Q;-cWJ: ::c: Q) (J Õ O::J =c m Uc:=m c.. L tn 3: Q) m Q) 0 Q) Q) > ¡.. ~>.ECJ I- a: o c.. c.. ::J en a: ::J o > c w w z tn Q) (J c: m r: J: 0 Utn ¡.. co ::J Q) oen Q) I- ~ ~ c.E E ::J _en r-1 r-1 r-1 r-1 «I.C)O'J """"o-q- -,..... J 0 .-.Î O'J E......-q- Q)= (]) :::: ~ en CO « ro -0 a.. c: Q) :}! ., r- If¡ « o ü ""d d ~ V'J I--( o U $-c ~ r:.f'J w ~~ø ~ .~ Û ...-4 bIJ « ~ [) [ Z~ ~ (§) ::) o > ~ Z c:c :J: I- Agenda Item No. 88 Apri/12,2005 Page 1 of 156 EXECUTIVE SUMMARY Petition: PUDA-2004-AR-6786 Vanderbilt Partners II, LLC, represented by Richard Yovanovich, of Goodlette, Coleman & Johnson, P.A., requesting to amend the Cocohatchee Bay PUD document for the limited purpose of amending the Bald Eagle Management Plan and related references in the Planned Unit Development (PUD) document. The subject property, consisting of 532 acres, is located in Sections 8, 16, 17 & 20, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners determine whether the requested PUD amendment is consistent with the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) and is in the best interest of the community. CONSIDERA TIONS: The Cocohatchee Bay PUD was originally approved by the Board of County Commissioners on December 12, 2000 and authorized by PUD Ordinance Number 00-88. On September 21, 2004, the Board of County Commissioners, at their advertised public hearing, voted to allow the petitioner to submit an amendment to the existing Cocohatchee Bay PUD for the limited purpose of revising the Bald Eagle Management Plan and related references. ..--. As noted, the Collier County Board of County Comrnissioners adopted the PUD Ordinance for the Cocohatchee Bay Development on December 12, 2000. The Ordinance approved the development of multi-family high-rise and low-rise condominiums up to 20 stories tall, at a density of 1.11 dwelling units per acre. The project is also approved for a social and fitness center, a golf driving range and clubhouse, golf course, tennis courts, guest cottages, parking areas, and stormwater management facilities. The entire PUD comprises approximately 532.09± acres. The majority of the golf course and 90 residential units designated R-2 by the PUD document are located within the portion of the PUD lying east of Vanderbilt Drive and north of Wiggins Pass Road. The remaining facilities and 480 residential units are to be located on the west side of Vanderbilt Drive and north of the existing Wiggins Pass Marina. At the time of approval, and continuing through the time of this wIlting, an actively used nest of a pair of bald eagles exists on the site. The bald eagle is listed as "threatened" by the United States Fish and Wildlife Service. The bald eagle's nest telTItory is comprised of a Primary Protection Zone, which extends out a radius of 750 feet from the nest tree, and a Secondmy Protection Zone which extends out from the Primary Zone to 1,500 feet from the nest tree (750 - 1,500). The approved PUD document is unusual in that it contains two master plans. Exhibit "A" indicates the proposed development plan including golf course and residential areas. Exhibit "B" indicates golf course only, ent.irely outside of the Bald Eagle Primary Protection Zone, and no residential areas. Exhibit "A" is applicable only when the bald eagle nesting tree is deemed no longer active. ,- PUDA-2004-AR-6786 I Agenda Item No. 88 April 12, 2005 Page 2 of 156 FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building pennit include building petroit review fees and utility fees associated with connecting to the County's water and sewer system. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban Designation, Urban-Mixed-Use District, Urban Residential Subdistríct on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The majority of the western p0l1ion of the PUD is located seaward of the Coastal High Hazard Area Boundary. As noted, the Board of County Commissioners adopted the Cocohatchee Bay PUD Ordinance (Ordinance No. 00-88) on December 12, 2000. The size of the PUD is approximately 532 acres. The PUD Ordinance allows the petitioner to develop 590 units, which represents a residential density for the PUD of approximately 1.11 units per acre. The proposed amendment does not involve any proposed change to the number of residential units. It only seeks to allow already approved development within the eagle nest area. Therefore, the proposed amendment does not impact the approved density. Collier County Comprehensive Planning finds that the proposed amendment is consistent with the provisions of the Future Land Use Element. ENVIRONMENTAL ISSUES: As noted, on September 21, 2004, the Board of County COlllil1issioners voted to allow the petitioner to submit an amendment to the existing Cocohatchee Bay PUD for the limited purpose of amending the Bald Eagle Management Plan and related references, and based upon that direction, the petitioner is seeking to amend the PUD's Bald Eagle Management Plan to enable the development of the five (5) condominium buildings, four (4) of which would be located entirely or partìally within the pIimary protective zone surrounding an active bald eagle nest. To compensate for unavoidable impacts to the eagles, the petitioner has proposed (to the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission) to purchase and preserve suitable habitat for eagles, either within Collier County, or an adjacent Southwest Florida County. The petitioner has also proposed the construction of an artificial nesting platfonn on another portion of the property in the hope that the eagles might relocate to the platform. The U.S. Fish & Wildlife Service (USFWS) has issued a biological opinion to the U.S. Anny Corps of Engineers recommending that the Corps permit the de.velopment proposed within the vicinity of the eagle nest. ",- PtIDA-2004-AR-6786 2 Agenda Item No. 88 April 12. 2005 Page 3 of 156 As a "Discretionary Conservation Measure," relative to the Corps of Engineers Pennit, the petitioner has committed to constructing a 50-foot to 6O-foot high "artificial tree" containing a nesting platfOlm, at an onsite location removed from the vicinity of the proposed condominium buildings. Representatives of the South Florida Water Management District will monitor the construction/installation of the artificial tree. It is hoped, but not known, that the eagles will relocate their nest to the artificial tree's nesting platform. However, the U.S. Fish & Wildlife Service's Biological Opinion acknowledges that the proposed activities may constitute a biological taking (i.e., the eagles would no longer nest on the subject property). ~........~. The PUD amendment seeks only to amend the Bald Eagle Management Plan and references throughout the existing PUD. The form and intensity of the project was evaluated and approved through Ordinance Number 2000-88. In addressing the protection of endangered, threatened, or listed species, the Land Development Code states: _ Species Specific Requirements On property where the wildlife survey estabJishes that listed species are utilizing the site or where the site is capable of Supp0l1ing listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the GMP, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case-by-case basis, may change the requirements contained herein and any such change shaH be deemed to be consistent with this Code. The' following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00 Based upon the manner in which the LDC addresses specific species requirements, provisions within the existing PUD document, which contemplates amendments to the Bald Eagle Management Plan and the applicant having received a United States Fish and Wildlife Service (USFWS) biological opinion, as issued to the U.S. Almy Corps of Engineers that would allow development in the Primary Protection Zone during the non-nesting season, the proposed amendment is consistent with the requirements of the LDC and the GMP. It should be noted that the Conservancy of Southwest Florida, in addition to a number of residents at the two Neighborhood Infonnation Meetings and the Environmental Advisory Council (EAC) hearing, raised the point of statements made by the applicant during the original Board of County Commissioners (BCC) public hearing for the project. These statements indicated that the project would not go forward until the eagle pair had relocated. It is the Conservancy's opinion, as expressed in a letter dated January 31, 2005, that the original commitments verbally made during the BCC public hearing should be adhered to and therefore, had asked the Planning Commission to forward a recommendation of denial to the BCC. It should be noted that the PUD document does not contain a specific regulation that states development cannot occur until the eagles leave the site. The existing PUD does contain a Bald Eagle Management Plan that prevents development from moving forward as long as the pair of eagles remain on site, but the document, as noted, does contain a provision for ............ PUDA-2004-AR-6786 3 Agenda Item No. 8B April 12, 2005 Page 4 of 156 amending the Bald Eagle Management Plan. The letter of objection from the Conservancy and the minutes of the December 12, 2000 BCC hearing are contained within this agenda packet. PUBLIC INPUT Contained within this executive summary agenda packet are letters submitted to staff in opposition of the proposed amendment from the general public, as well as representatives of various interest groups. such as the Conservancy of Southwest FloIida. The majority of the letters of opposition focus upon verbal commitments made at the time of the original PUD approval by the owner's agent that development would not move forward until the eagle pair is no longer on-site. ENVIRONMENTAL ADVISORY COUNCIL (RAC) RECOMMENDATION: The petition appeared before the EAC on February 3, 2005. The EAC forwarded the petition to the Board of County Commissioners with a recommendation of denial, based upon the EAC members belief that the original PUD approval would have never been granted if construction was going to be allowed to move forward with the eagle's still present on the property. The motion of denial passed by a vote of 5 to 2. .,--, COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Plmming Commission heard this petition on Mm'ch 17, 2005. The CCPC forwarded the petition to the Board of County Commissioners with a recommendation of denial based upon the proposed amendment not satisfying criteria number eighteen. as contained within Section 10.03.05.0 of the Land Development Code, "Such other factors, standards, or criteria that the Board of COUIl~V Commissioners shall deem important in the protection of the public health, safety and welfare." The CCPC within their motion indicated that the proposed amendment was not in confonnity with components of the Land Development Code and Growth Management Plan. Specifically the CCPe indicated that the proposal failed to satisfy LDC Section 1O.03.05.E.2, which states, "As a result of mandated meetings H'Žth the pu.blic, any commitments made by the applicant shall be reduced to 'writing and made a part of the record of the proceedings provided to the planning services department. 171ese written commitments H'ž/l be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development order." Additionally, the CCPC indicated that the proposed amendment did not satisfy LDC Section 10.03.05.1, which concludes by stating. "In cases where stipulations, restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief: All conditions, restrictions, stipulations and safeguards tvhich are a condition 10 the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for injunction or other appropriate relie.l All costs, including reasonable attorney's fees shall be awarded to the governmental unit if it prevails in such suit." Additionally the CCPe indicated that the proposed amendment did not satisfy Objective 7.1 of the Growth Management Plan and Section 3.04.01.C3A, both of which directs incompatible land uses away from listed animal ...."....." PUDA-2004-AR-6786 4 Agenda Item No. 88 April 12. 2005 Page 5 of 156 species and their habitats. The CCPC within their motion also indicated that the proposed amendment was in conflict with Section 3.04.02.D which addresses restrictions within protection zones for bald eagles. The motion of denial passed by a vote of 7 to ]. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detemrination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: · The proposed change has been deemed consistent with the goals, objectives, and poHcies and Future Land Use Map and the applicable elements of the GMP. · The proposed land uses are compatible with the existing land use pattern. · The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. · The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDA-2004-AR-6786 subject to the amended Cocohatchee Bay PUD document and exhibits with the folJowing modifications to the Bald Eagle Management Plan (BEMP): 1. Revise the first sentence of the Bald Eagle Management Plan to correctly reference the U.S. Army Corps of Engineers (USACE). 2. Revise Section A of the BEMP to eliminate the second sentence of the paragraph that states, "The applicant also proposes to construct a 35-slip malina." The existing PUD makes no provisions for a marina use as a permitted or accessory use and due to this fact the reference to a marina project should not be included within the BEMP. 3. Revise Section E of the BEMP to read as follows: "Should the current eagle pair or a second eagle pair build a new nest within the PUD boundary, any r@'/isioß& to the OOøy@ d@sorib@d tenm; and GORditioBs required by the agenoi@s Jist@d aboT/e Ghall not req1:lire ill! amendment to this Bald Eagle Management Plan shal1 be required." This change would allow for public comment through the public hearing process if above referenced events transpire. As the section currently reads, amendments to the BEMP would only require administrative review. PREPARED BY: Mike Bosi, AICP, Principal Planner Zoning and Land Development Review ,...-'" PlIDA-2004-AR-6786 5 Item Number Item Summary COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3B Agenda Item No, 88 April 12,2005 Page 6 of 156 ThiS itern lo be heard at 10.00 a.m This petition requires that all partiCipants be sworn If". and ax parte disclos~Jre be provided by Commission members Petition: PUDA~2004-AR~6786 Vanderbilt Partners II, LLC, represented by Richard YDvanovich, of Goodlette. Coleman &: Johnson, P A. requesting to amend the Cacohatchee Bay PUD document fOf tbe limited purpose of amending the Bald Eagle Management Plan and related references in the PUD document Tile slIbject property, consisting ot 532 acres. is located in Sections B, 16 17 & 20. Township 48 South, Range 25 East, CeWer County. Florida 4/12/20059'0000 AM Meeting Dete Prepared By 3118¡'2005 9:30:33 AM Míke Bosi, AICÞ Community Development & Environmt!'ntal Services Principal Planner Zoning & Land Development Review Date Approved By Date Mike Basi, AICP Community Development & Environmental $ervíces Princípal Planner Zoning & Land D0velopment R(t\lìew 3/17120053:56 PM Approved By Date Donald L. Scott Transpo1tíol1 Services Transportation Planníng Director Transponatìon Planning 3121/2005 1 :17 PM Dutt'! Approved By Sandnl Lea Community Development & Environmental Services Exacutive Secretary Community Development & Environmental Services Admin. 3/2112UU51:41 PM Dat. A pproved By Constance Ä. Johnson Community Dcvelopment & Environmental Services OpQrations Analyst Community Development & Environmental ServÎces Admin. 3/21/2005 2: 29 PM Date Approved By Ray Bellows Community Oev~lopment & Environmental Services Chief þlanner Zoning & Land Development Review 3125/2005 8:11 AM Approved By Date Norm E. Feder, AICP Transportjon Services Transportation Division Administrator Transportation 5.ervi(;c$ Admin. 3/29/20057:07 AM Date Approved By Sussn Murray, AICP CDmmunity Development &. Environmental Services Zoning & land Developmel1t Director Zoning & land Development Re'Jiew 3/29120052,11 PM A pproved By Date- Joseph K. Schmitt Community Development & Environmental Services Community Development 8. ElwÎronmentaJ Services Aclminstrator Community Development & Environmental Serv¡ce$ Admin. 3/30/200511:01 AM Date Approved By Marjorie M. Student County Attorney As;sistant County Attorney County Attorney Office 411/20058:23 AM Date Approved By OMS Coordinator County Manager's OHic!)' AdlTllnistrative ÄS$istant O1fice of M¡nagenu~nt & Budget 4I112U05 9:08 AM Date Approved By Ma.rk Isackson County Manager's Office Budget Analyst Office of Management & Budget 4/4/2005 2:46 PM Date Approved By Michael Smykowskî County Manager's Office Management & Budget Director Office of Management & Budget 415/2005 8:49 AM D.'lte Approved By James V, Mudd County Manager !I.genda l1em No. 88 Aprii 12. 2005 Page ì of 156 Board of County Commíssioners County Manager's Office 4/5/2005 12:45 PM .......,,;,jj¡¡litj¡,jIW, jj ilj¡jl<,,.....,,.........,,,,"'.;,,,..,;,"..""","M""'..",,...," -... -. -- .- 1! . ·11) AG~R~~~~~~~ Page 8 of 156 ..- eo1MT County T-~ _ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MARCH 17, 2005 SUBJECT: PETITION PUDA-2004-AR-6786, Cocohatchee Bay AGENT/APPLICANT: OWNER: Vanderbilt Partners n, LLC 5551 Ridgewood Dr., Suite 203 Naples, FL 34108 AGENT: Richard Y ovanovich, Esquire Goodlette, Coleman & Johnson, PA 400 I Tamiami Trail North #300 Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting to amend the Cocohatchee Bay PUD document for the limited purpose of revising the attached Bald Eagle Management Plan and related references in the PUD document. GEOGRAPmC LOCATION: The eastern portion of the development is located at the northeast comer of Vanderbilt Drive and Wiggins Pass Road. The larger, western portion of the PUD is entirely on the west side of Vanderbilt Drive, extending from the northern boundary of The Dunes PUD to the southern boundary of the Arbor Trace PUD. The Audubon Country Club PUD bounds a northwest extension of the Cocohatchee Bay PUD on the west. The subject property, consisting of 532 acres, is located in Sections 8, 16, 17 & 20, Township 48 South, Range 25 East, Collier County, Florida. (See illustration on following page) PUDA-04-AR-6786, Cocohatchee Bay PUD a:JL()lO COOL() 0..-- ON,+- Z - 0 N E..--(J) 2'C ~ -c.ro ro«o... 1:) c: ( ,) OJ « --- I - " Ii I --.....'" a.. c( ::IE z ·I¡ Ö - ~ <C o o ..oJ .. II a.. <C :E w ~ - (J) WI . fo- . · a:: < · .. o o .... · < Q ~ CL ... z o ¡:: ~ II. PUDA-04-AR-6786, Cocohatchee Bay PUD 2 1 Agenda Item No. 88 April 12, 2005 Page 10 of 156 PURPOSE/DESCRIPTION OF PROJECT; The Cocohatchee Bay PUD was originally approved by Collier County on December 12, 2000, and authorized by PUD Ordinance Number 00-88. On September 21, 2004, the Board of County Commissioners at their advertised public hearing voted to allow the petitioner to submit an amendment to the existing Cocohatchee Bay PUD for the limited purpose of revising the Bald Eagle Management Plan and related references. As noted, the Collier County Board of County Commissioners adopted the PUD Ordinance for the Cocohatchee Bay Development on December 12,2000. The Ordinance approved the development of multi-family high-rise and low-rise condominiums up to 20 stories tall, at a density of 1.11 dwelling units per acre. The project is also approved for a social and fitness center, a golf driving range and clubhouse, golf course, tennis courts, guest cottages, parking areas, and stonnwater management facilities. The entire POD comprises approximately 532.09± acres. The majority of the golf course and 90 residential units designated R-2 by the PUD document are located within the portion of the PUD lying east of Vanderbilt Drive and north of Wiggins Pass Road. The remaining facilities and 480 residential units are to be located on the west side of Vanderbilt Drive and north of the existing Wiggins Pass Marina. At the time of approval, and continuing through the time of this writing, an actively used nest of a pair of bald eagles exists on the site. The bald eagle is listed as ''threatened'' by the United States Fish and Wildlife Service. A Primary Protection Zone extends out a radius of 750 feet from the nest tree and a Secondary Protection Zone extends out a radius of 1,500 feet from the nest tree. The approved PUD document is unusual in that it contains two master plans. Exhibit "A" indicates the proposed development plan including golf course and residential areas. Exhibit "B" indicates golf course only, entirely outside of the Bald Eagle Primary Protection Zone, and no residential areas. Exhibit "A" is applicable only when the bald eagle nesting tree is deemed no longer active. The applicant has received a United States Fish and Wildlife Service (USFWS) biological opinion, as issued to the U.S. Army Corps of Engineers that would allow development in the Primary Protection Zone during the non-nesting season, and which could continue through the nesting season. Therefore, the developer wishes to amend the Bald Eagle Management Plan, which is an exhibit to the PUD, to allow development in the Primary Protection Zone to start during the non-nesting season and continue through the nesting season. SURROUNDING LAND USE AND ZONING: Subject Parcel: Limitedly cleared parcel, zoned Cocohatchee Bay PUD Surrounding- North: Undeveloped and developed residential parcels, zoned Arbor Trace PUD, Residential (RSF-3/ST) and Village Place PUD PUDA-04-AR-6786. Cocohatchee Bay PUÐ 3 Agenda Item No" 88 April 12, 2do5 Page 11 of 156 East: Undeveloped and developed residential parcels, undeveloped commercial parcel, Cocohatchee River Park, and existing zoned Tarpon Cove PUD, Commercial (C-4), Public Use (P) South: Existing Marina, residential dwelling units zoned Commercial (C-4), Tarpon Cove PUD, Wiggins Bay PUD and the Dunes. PUD West: Undeveloped parcels and Gulf of Mexico zoned Conservation with a Special Treatment Overlay and Agricultural with S eeial Treatment Overlay (CON-ST -A-ST) Mrl~ Juof---V GLEN EŒNON.THf:"BA"Y, " IR ARBOR TRACEl"j GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located within the Urban Designation, Urban-Mix ed-Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The majority of the western portion of the PUD is located seaward of the Coastal High Hazard Area Boundary. PUDA-04-AR-6786, Cocohatchee Bay PUD 4 Agenda Item No. 88 April 12, 2005 Page 12 of 156 Future Land Use Element: As noted, the Board of County Commissioners adopted the Cocohatchee Bay PUD Ordinance (Ordinance No. 00-88) on December 12, 2000. The size of the PUD is approximately 532 acres. The PUD Ordinance allows the petitioner to develop 590 units, which represents a residential density for the PUD of approximately 1.11 units per acre. The proposed amendment does not involve any proposed change to the number of residential units. It only seeks to allow already approved development within the eagle nest area. Therefore, the proposed amendment does not impact the approved density. Collier County Comprehensive Planning finds that the proposed amendment is consistent with the provisions of the Future Land Use Element. However, staff must defer to County Environmental Services Department staff, as to whether the proposed revisions to the Bald Eagle Management Plan are consistent with County provisions regarding the protection of listed species. Transportation Element: Due to the limited nature of the PUD amendment request, the positive consistency review established for the Cocohatchee Bay PUD in 2000 will reinain in . effect. Open Space/Conservation: The proposed PUD amendment will not affect the 308 acres of open space provided for by the POD. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Chapter 10.02.13 and Chapter 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a detennination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are traditionally attached to the staff report as Exhibit "A" and Exhibit "B". Due to the limited nature of the requested PUD amendment, modification to the attached Bald Eagle Management Plan, the original rezone [mdings are not effected by the request and therefore are not attached to the staff report. Exhibit "A" Findings for PUD has been attached for the Planning Commission to utilize as the basis for their recommendation to the BCC. Environmental Analvsis: Environmental Services staff has reviewed the petition and notes the following: The petitioner is proposing to amend the PUD as it relates to the Bald Eagle Management Plan (BEMP) only, which the Board of County Commissioners voted and approved was appropriate at their meeting on September 19, 2004. The following excerpt is from the consultant's report from the original PUD rezone: PUDA-04-AR-6786, Cocohatchee Bay PUD 5 Agenda Item No. BB April 12, 20'05 Page 13 of 156 "An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan / preserve map. The parent birds fledged one hatchling in 1998-99 and two young during the 1999-00 season. The young were successfully reared and both left the nest in April of 2000. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small sawgrass marsh area and the bay forest / mangrove swamp. The birds have an open view to the water over the tops of the mangroves to the west. All of the established trees between the nest tree and Vanderbilt Drive have died, most likely due to a fIre that occurred on the property several years ago so the birds also have a relatively unobstructed view of pedestrian and vehicular traffic along Vanderbilt Drive. Specific observations were made during the past two nesting seasons [98-99 and 99-00] to note flight patterns and feeding behavior around the nest. These observations showed that flights into and out of the nest were consistently to the south and southwest from the nest tree regardless of the time of day or weather conditions. Several other dead pines around the nest served as perches for the parents during the nesting season." The petitioner has received a U.S. Anny Corps of Engineer's (USACE) permit that contains a Biological Opinion and Incidental Take Statement by the U.S. Fish and Wildlife Service (FWS) in accordance with Section 7 of the Federal Endangered Species Act, which has been coordinated with the Florida Fish and Wildlife Conservation Commission (FWC). The applicant proposes to amend the BEMP in accordance with the Incidental Take Statement. The original BEMP is stricken in its entirety. The original BEMP contains information about the history of this eagles' nest, fledgling success and flight patterns of the birds. There is a section describing Biology and Habitat Requirements of the Bald Eagle and the history of why the birds were added to the Endangered Species list. Finally, the approved BEMP describes how development will proceed and how the eagles will be protected, including an education plan. The amended BEMP is composed of sections of the Incidental Take Statement from FWS to USACE written in two letters dated February 27, 2004 and July 14, 2004. Section A. Project Description of the amended BEMP mentions a 35-slip marina to be developed in the PUD. The marina has not been reviewed or approved by County Staff. The amended BEMP includes the two Reasonable and Prudent Measures for reducing the likelihood of take and the five Terms and Conditions for construction of the project listed in the Incidental Take Statement. The construction would be phased to begin with development in the secondary zone in the non-nesting season and would be allowed to continue during the next and subsequent nesting seasons. Construction for the high-rises in the primary zone would likely begin in consecutive non-nesting seasons, but be allowed to continue during nesting seasons. The Bald Eagle Management Phasing Diagram (Sheet 1 of 1) is conceptual and building site and infrastructure may be required to be modified during Site Development Plan review. PUDA-04-AR-6786, Cocohatchee Bay PUD 6 Agenda Item No. 88 April 12, 2005 Page 14 of 156 There are a large number of gopher tortoises in the primary zone of the eagle nest that were not addressed at the time the golf course was permitted. The golf course Site Development Plan (SDP) is in for an amendment, so these gopher tortoises will be addressed with this SDP and the SDP for Phases II-IV of the development. This petition appeared before the Environmental Action Council at the February 2, 2005 hearing. The EAC forwarded the petition to the BCC with a recommendation of denial. The ¡notion of denial passed 5 to 2. Transportation Analvsis: Transportation Department Staff did not review the petition based upon the limited nature of the PUD amendment request. Utility Issues: The Utilities Department Staff did not review the petition based upon the limited nature of the PUD amendment request. Zoning and Land Development Review Analvsis: As noted, on September 21, 2004, the Board of County Commissioners voted to allow the petitioner to submit an amendment to the existing Cocohatchee Bay PUD for the limited purpose of amending the Bald Eagle Management Plan and related references. The petitioner is seeking to amend the PUD's Bald Eagle Management Plan to enable the development of the five (5) condominium buildings, four (4) of which would be located entirely or partially within the primary protective zone surrounding an active bald eagle nest. To compensate for unavoidable impacts to the eagles, the petitioner has proposed (to the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission) to purchase and preserve suitable habitat for eagles, either within Collier County, or an adj acent Southwest Florida County. The petitioner has also proposed the construction of an artificial nesting platform on another portion of the property, in the hope that the eagles might relocate to the platform. The U.S. Fish & Wildlife Service (USFWS) has issued a biological opinion to the U.S. Army Corps of Engineers recommending that the Corps permit the development proposed within the vicinity of the eagle nest. As a "Discretionary Conservation Measure:' relative to the Corps of Engineers Pennit, the petitioner has committed to constructing a 50~foot to 60-foot high "artificial tree" containing a nesting platform, at an onsite location removed from the vicinity of the proposed condominium buildings. Representatives of the South Florida Water MaIiagement District will monitor the construction/installation of the artificial tree. It is hoped, but not known, that the eagles will relocate, their nest to the artificial tree's nesting platform. However, the U.S. Fish & Wildlife Service's Biological Opinion acknowledges that the proposed activities may constitute a biological taking (i.e., the eagles would no longer nest on the subject property). The PUD amendment seeks only to amend the Bald Eagle Management Plan and references throughout the existing PUD. The form and intensity of the project was evaluated and PUDA-04-AR-6786, Cocohatchee Bay PUD 7 Agenda Item No. ,88 April 12, 2005 Page 15 of 156 approved through Ordinance Number 2000-88. In addressing the protection of endangered, threatened, or listed species, the Land Development Code states: I111III Species Specific Requirements On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the GMP, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case-by-case basis, may change the requirements contained herein and any such change shall be deemed to be consistent with this Code. The following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00 Based upon the manner in which the LDC address specific species requirements, and the applicant having received a United States Fish and Wildlife Service (USFWS) biological opinion, as issued to the U.S. Anny Corps of Engineers that would allow development in the Primary Protection Zone during the non-nesting season, the proposed amendment is consistent with the requirements of the LDC and the GMP. It should be noted that the Conservancy of Southwest Florida, in addition to a number of residents at the two Neighborhood Information Meetings and the EAC hearing raised the point of statements made by the applicant during the original Board of County Commissioners (BCC) public hearing for the project. These statements indicated that the project would not go forward until the eagle .pair had relocated. It is the Conservancy's opinion, as expressed in a letter dated January 31, 2005, that the original commitments verbally made during the BCC public hearing should be adhered to, and therefore, are asking the Planning Commission to forward a recommendation of denial to the BCC. It should be noted that the PUD document does not contain a specific regulation that states development cannot occur until the eagles leave the site. The existing PUD does contain a Bald Eagle Management Plan that prevents development from moving forward as long as the pair of eagles remain on site, but the document, as noted, does contain a provision for amending the Bald Eagle Management Plan. The letter of objection from the Conservancy and the minutes of the December 12,2000 BCC hearing have been attached to this staff report. NEIGHBORHOOD INFORMATION MEETING: The applicant held the required meeting on December 15, 2004 at 5:30 P.M. at St. John the Evangelist Parish Life Center. Approximately 75 members of the public heard the proposal presented by Richard Yovanovich, legal representative for Vanderbilt Partners II, LLC. Additionally, a second neighborhood meeting was held on January 26, 2005 at the same locations as the previous meeting. This second meeting was held due to a discrepancy within PUDA-04-AR-6786, Cocohatchee Bay PUD 8 Agenda Item No. 88 April 12, 2005 Page 16 of 156 the mailing list provided by the County to the applicant. A number of property owners within 500 feet of the project were not properly notified of the first meeting and to rectify this situation, the applicant agreed to hold the second neighborhood meeting. Mr. Y ovanovich and representatives responded to questions and comments with the following statements: 1.) The applicant has requested 590 units that were approved by the BCC in 2000 2.) 439 acres of the total site are in ''preserve'' status 3.) The Anny Core of Engineers is allowing an "incidental take" permit regarding the nesting eagle(s) on site, which states that construction activity cannot touch the tree the bird is nesting in or the bird itself. 4.) First phase of the most northern tower which is 15 stories high is to begin in the ''non- nesting" season 5.) The non-nesting season begins May 15 and runs through October 1 6.) The distance separation between the tower to be constructed and the nesting tree is 35-40 feet 7.) The developer committed to constructing an alternate, man-made "tree" for the nesting eagle 8.) The developer's agent commits to stating a time-frame for the placement of tJ:1e alternative "tree" at the EnvirOnmental Advisory Council (EAC) meeting hearing 9.) Projected EAC hearing is Spring 2005 Ofthose who spoke, most opposed construction so near the current nesting eagle site. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA-2004-AR-6786 to amend Ordinance Number 00-88 as described by the Ordinance of Adoption and exhibits thereto, the Cocohatchee Bay PUD regulatory document. PUDA-04-AR-6786, Cocohatchee Bay PUD 9 ~----- --.-. Agenda Item No. ßB April 12, 2005 Page 17 of 156 PREPARED BY: ~~ MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2 . .). "3- OS DATE Ï?V:~ìiæ. -¿- ?-4-0C AA~L~~WS, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW jÁAAÞ7~ 3-J-OS- ~ MURRAY. AlCP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ,.0 ¿ vl/-- ~ Tentatively scheduled for the April 12, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUDA-04-AR-6786, Cocohatchee. Bay PUD 10 Agenda Item No. 88 April 12, 2005 Page 18 of 156 FINDINGS FOR pun PETITION PUDZ-A-2004-AR-6786 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in theCocohatchee Bay PUD document give assurance that all infrastructures will be developed consistent with County regulations; Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. It should be noted that the request is limited to amending the existing Bald Eagle Management Plan contained within the existing approved PUD. 2. Adequacy of evidence of unified control and suitability of auy proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP which mandate the County to utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. EXHIBIT "A" --~.__. --"--" -~. Agenda Item No. 8B April 12,2005 Page 19 of 156 As noted, the applicant is seeking to amend the PUD document by amending the existing Bald Eagle Management Plan. This change will not alter the original finding of consistency for the project S. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section 2.10 of the PUD Document, the amount of open space set aside by this - project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the - adequacy of available improvements and facilities, both public and private. Given the fact that the Cocohatchee Bay PUD is a currently approved PUD~ the timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability to expand, as applied in this context~ implies supporting infrastructure~ such as wastewater disposal system, potable water supplies~ characteristics of the property relative to hazards, and capacity of roads which is available to this site. As noted, the amendment requests only to amend the existing Eagle Management Plan. This action shall have no bearing upon the surrounding area's ability to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Section 6.9.F of the existing Cocohatchee Bay PUD docmnent states, "Any amendment to the Bald Eagle Management Plan shall require review of the Environmental Advisory Council or any successor body." This provision of the existing PUD document indicates that the original docmnent contemplated and made provisions for amendments to the Bald Eagle Management Plan. The applicant is requesting to amend the Bald EaglehManagement Plan as provided for by the existing PUD and therefore the requested action is in conformity with PUD regulations EXHIBIT "An Agenda Item No. 88 April 12, 2005 Page 20 of 156 Item V.D. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF FEBRUARY 2. 2005 I. NAME OF PETmONERlPROJECT: Petition No.: Petition Name: ApplicantlDeveloper: Engineering Consultant: Environmental Consultant: PUDA-2004-AR-6786 Cocohatchee Bay Vanderbilt Partners II, LLC Vanasse Daylor Turrell and Associates ß. LOCATION: The eastern portion of the development is located at the northeast comer of Vanderbilt Drive and Wiggins Pass Road. The larger, western portion of the PUD is entirely on the west side of Vanderbilt Drive, extending from the northern boundary of The Dunes PUD to the southern boundary of the Arbor Trace PUD. The Audubon Country Club PUD binds a northwest extension of the Cocohatchee Bay PUD on the west. The subject property, consisting of532 acres, is located in Sections 8, 16, 17 & 20, Township 48 South, Range 25 East, Collier County, Florida. ID. DESCRIPTION OF SURROUNDING PROPERTIES: The project is bordered on the west by the Demor Wiggins State Park and Barefoot Beach County Park; on the east by Tarpon cove PUD and Wiggins Bay PUD, on the south by the Dunes and on the north by Arbor Trace PUD and Village Place PUD. The general area is a mix of residential developments, public parks, and limited commercial and environmentally sensitive lands. North: Undeveloped and developed residential parcels, zoned Arbor Trace PUD, Residential (RSF -31ST) and Village Place PUD East: Undeveloped and developed residential parcels, undeveloped commercial parcel, Cocohatchee River Park, and existing zoned Tarpon Cove PUD, Commercial (C-4), Public (P) South: Existing Marina, residential dwelling units zoned Commercial (C- 4), Tarpon Cove PUD, Wiggins Bay PUD and the Dunes PUD EAC Meeting Agenda Item No. 8S April 12, 2005 Page 21 of 156 Page 2 of9 West: Undeveloped parcels and Gulf of Mexico zoned Conservation with a Special Treatment Overlay and Agricultural with Special Treatment Overlay IV. PROJECT DESCRIPTION: The Cocohatchee Bay PUD was originally approved by Collier County on December 12, 2000, and authorized by PUD Ordinance Number 00-88. On September 21, 2004, the Board of County Commissioners at their advertised public hearing voted to allow the petitioner to submit an amendment to the existing Cocohatchee Bay PUD for the limited purpose of proposing an amendment to the Bald Eagle Management Plan and related references. The Collier County Board of County Commissioners adopted the PUD Ordinance for the Cocohatchee Bay Development on December 12, 2000. The Ordinance approved the development of high-rise condominiums up to 20 stories tall, multi- family dwellings, and adult living facilities. The project is also approved for a social and fitness center, a golf driving range and clubhouse, golf course, tennis courts, guest cottages, parking areas, and stonnwater management facilities. The entire PUD comprises approximately 532.09± acres. The majority of the golf course and ninety residential units designated R-2 by the PUD document are located within the portion of the PUD lying east of Vanderbilt Drive and north of Wiggins Pass Road. The remaining facilities and 480 residential units are to be located on the west side of Vanderbilt Drive and north of the existing Wiggins Pass Marina. At the time of approval, and continuing through the time of this writing, an actively used nest of a pair of bald eagles exists on the site. The bald eagle is listed as "threatened" by the United States Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWC). A Primary Protection Zone extends out a radius of 750 feet from the nest tree and a Secondary Protection Zone extends out a radius of 1,500 feet from the nest tree. The approved PUD document is unusual in that it contains two master plans. Exhibit "A" indicates the proposed development plan including golf course and residential areas. Exhibit "B" indicates golf course only, entirely outside of the Bald Eagle Primary Protection Zone, and no residential areas. Exhibit "A" is applicable only when the bald eagle nest tree is deemed no longer active. The applicant has received a United States Fish and Wildlife Service biological opinion, as issued to the U.S. Anny Corps of Engineers that would allow development in the Primary Protection Zone during the non-nesting season. Therefore, the developer wishes to amend the Bald Eagle Management Plan, which is a part of the PUD, to allow development in the Primary Protection Zone "····;,",¡'"""'LiWIiiI.."'¡;."....;i'"'i¡m:';O'wl.""'""II1""'4J>J...."IiW;¡¡..·",·;'"",,,·,·,,.'" EAC Meeting Agenda Item No. 88 April 12, 2005 Page 22 of 156 Page 3 of9 to start during the non-nesting season and continue through the nesting season, and in doing so eliminate the master plan defined as "Exhibit B". v. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is located within the Urban Designation, Urban-Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The majority of the western portion of the PUD is located seaward of the Coastal High Hazard Area Boundary. Future Land Use Element: As noted, the Board of County Commissioners adopted the Cocohatchee Bay PUD Ordinance (Ordinance No. 00-88) on December 12, 2000. The size of the PUD is approximately 532 acres. The PUD Ordinance allows the petitioner to develop 590 units, which represents a residential density for the PUD of approximately 1.11 units per acre. The proposed amendment does not involve any proposed change to the number of residential units. It only seeks to allow already approved development within the eagle nest area. Therefore, the proposed amendment does not impact the approved density. Collier County Comprehensive Planning finds that the proposed amendment is consistent with the provisions of the Future Land Use Element. However, staff must defer to County Environmental Services Department staff, as to whether the proposed revisions to the bald eagle management plan are consistent with County provisions regarding the protection of listed species. Conservation & Coastal Mana2ement Element: Only those Policies relating to the eagle as a listed species were evaluated for project consistency. Policy 7.1.2(3) states: "The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan." The project is consistent in that the applicant is proposing to operate under the Tenns and Conditions of the Biological Opinion! Incidental Take for the Bald Eagle on-site, as issued by the U.S. Fish and Wildlife Service. ..,-_._'-'"',. EAC Meeting Agenda Item No. 88 April 12, 2005 Page 23 of 156 Page 4 of9 The project is consistent with Policy 7.1.2(2)(a)3 for the Bald Eagle since the Biological Opinion! Incidental Take authorizes the development of the habitat surrounding the nest tree. VI. MAJOR ISSUES: Listed Species: The petitioner is proposing to amend the PUD as it relates to the Bald Eagle Management Plan (BEMP) only, which the Board of County Commissioners voted and approved was appropriate at their meeting on September 21,2004. The following are excerpts from the consultant's report from the original PUD rezone. "An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan / preserve map. The parent birds fledged EAC Meeting Agenda Item No. 88 April 12, 2005 Page 24 of 156 Page 50f9 one hatchling in 1998-99 and two young during the 1999-00 season. The young were successfully reared and both left the nest in April of 2000. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small sawgrass marsh area and the bay forest / mangrove swamp. The birds have an open view to the water over the tops of the mangroves to the west. All of the established trees between the nest tree and Vanderbilt Drive have died, most likely due to a fire that occurred on the property several years ago so the birds also have a relatively unobstructed view of pedestrian and vehicular traffic along Vanderbilt Drive. Specific observations were made during the past two nesting seasons [98-99 and 99-00J to note flight patterns and feeding behavior around the nest. These observations showed that flights into and out of the nest were consistently to the south and southwest from the nest tree regardless of the time of day or weather conditions. Several other dead pines around the nest served as perches for the parents during the nesting season. " Since then, the eagles have continued to successfully rear several chicks. FWS reports in its Biological Opinion of February 27, 2004 that "...the nest has been documented to produce 13 fledglings, including two per year out of the last four nesting seasons." During the 2001-2002 season, the eagles reconstructed the nest in the same tree due to Tropical Storm Gabrielle blowing the nest out of the tree. The parent eagles have returned to the nest again for the 2004-2005 season and appear to be brooding an egg(s). The petitioner has received a U.S. Army Corps of Engineer's (USACE) permit that contains a Biological Opinion and Incidental Take Statement by the U.S. Fish and Wildlife Service in accordance with Section 7 of the Federal Endangered Species Act. The applicant proposes to amend the BEMP in accordance with the Incidental Take Statement. The Florida Fish and Wildlife Conservation Commission coordinated with the FWS on the Incidental Take Statement and approved of the following statement being added to the Corps permit: "The pennittee shall comply with the Reasonable and Prudent Measures along with the Mandatory Tenns and Conditions issued by the U.S. Fish and Wildlife Service for bald eagle nest CO-19 in their Biological Opinion dated February 27, 2004. In addition, the permittee will follow minimization measures I - 5 described in the 'Description of the proposed action' of the Biological Opinion. The pennittee shall secure the proposed off-site bald eagle territory prior to initiation of any activity that will cause nest abandonment." (From an email from Daniel Sullivan, FWC to Steve Godley Dated March 25, 2004.) The original BEMP is stricken in its entirety. The original BEMP contains information about the history of this eagles' nest, fledgling success and flight EAC Meeting Agenda Item No. 88 April 12, 2005 Page 25 of 156 Page 6 of9 patterns of the birds. There is a section describing Biology and Habitat Requirements of the Bald Eagle and the history of why the birds were added to the Endangered Species list. Finally, the approved BEMP describes how development will proceed and how the eagle will be protected, including an education plan. The amended BEMP is composed of sections of the Incidental Take Statement from FWS to USACE written in two letters dated February 27, 2004 and July 14th 2004. Section A. Project Description of the amended BEMP mentions a 35-slip marina. Inclusion of the marina in the BEMP description does not constitute any review or approval of a marina for this PUD. The amended BEMP includes the two Reasonable and Prudent Measures for reducing the likelihood of take and the five Tenns and Conditions for construction of the project listed in the Incidental Take Statement. The construction would be phased to begin with development in the secondary zone in the non-nesting season and would be allowed to continue during the next and subsequent nesting seasons. Construction for the high-rises in the primary zone would likely begin in consecutive non-nesting seasons, but be allowed to continue during nesting seasons. Development closest to the eagle nest tree include a 20- story high rise 50 feet from the tree and a lake 40 feet from the tree. In the Biological Opinion, the FWS acknowledged that "Construction would eventually occur within 30 feet of the nest tree." FWS further describes the effect of the take: "The proposed action will result in the loss of productivity from one bald eagle nest out of the 24 nests known to occur in Collier County. The total number of nests in south Florida that have lost productivity due to pennitted actions from January 1, 2000, to date will increase to II." One of the FWS requirements to minimize the take will be that "... the applicant must make reasonable effort to prolong the integrity of the bald eagle nest tree, the nest, and the surrounding habitat" Also included in the BEMP is a voluntary proposal by the applicant to install an artificial nest tree on a property to the north of Cocohatchee Bay. It is proposed to be approximately 5000 feet from the existing nest tree and would be farther than 1,000 feet from the Cocohatchee condominium construction area. The construction and location of the tree must be according to Land Development Code requirements and will require a Special Treatment pennit since there is a Special Treatment overlay on this land. The Bald Eagle Management Phasing Diagram (Sheet 1 of 1) is conceptual and building sites and infrastructure may be required to be modified during Site Development Plan review. EAC Meeting Agenda Item No. 88 April 12, 2005 Page 26 of 156 Page 7of9 There are a large number of gopher tortoises in the primary zone of the eagle nest tree. The FWC issued a gopher tortoise Incidental Take pennit that did not include the tortoises in the primary zone. A new state permit and County relocation! management plan will be required for these tortoises at the time of Site Development Plan (SDP) and must be updated for all tortoises on site. According to the Land Development Code, gopher tortoises must be retained on-site if there is adequate habitat for them to live in. In order for the applicant to relocate the tortoises to the preserves in the golf course on the east side of Vanderbilt Drive, they must provide density of existing tortoises in each preserve to insure there will not be more than five tortoises per one acre of preserve during construction while the preserves will be fenced. The golf course Site Development Plan is in for an amendment, so these gopher tortoises will be addressed with this SDP and the SDP for Phases II-IV of the development. The review of these SDPs will be in accordance with the Growth Management Plan and Land Development Code regulations for gopher tortoise protection. VII. RECOMMENDATIONS: Staff recommends approval of PUDA-2004-AR-6786, "Cocohatchee Bay PUD" with the following stipulations: Environmental: 1. Revise Section E of the BEMP to read as follows: "Should the current eagle pair or a second eagle pair build a new nest within the PUD boundary, ooy revisions to the above deseribed terms and conditioRs reqæred by the agencies listed abo':e shall Rot retiære an amendment to this Bald Eagle Management Plan shall be reauired. EAC Meeting Page 8of9 PREPARED BY: LAURA A. ROYS ENVIRONMENTAL SPECIALIST MICHAEL BOSI, AICP PRINCIPAL PLANNER Agenda Item No. 88 April 12, 2005 Page 27 of 156 DATE DATE EAC Meeting Agenda Item No. 88 April 12, 2005 Page 28 of 156 Page 90f9 REVIEWED BY: BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST WILLIAM D. LORENZ, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR SUSANMURRAY,AICP DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT ADMINISTRATOR & DATE ENVIRONMENTAL SERVICES "- PETITION NAME: (t) Agenda Item No. 88 April 12, 2005 Page 29 of156 DATE: APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENTIDO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES 1. Name of Co-Applicant (s) LOd~e Abbott & Associates. LLC City Detroit 'Applicant's Mailing A-ddress 3400 E. Lafavette St. Zip 48207-4962 State MI Applicant's Telephone Number:Res: Bus.: 313-567-7000 Is the applicant the owner of the subject property? t8J Yes 0 (a) 0 (b) ~ (c) 0 (d) 0 (e) o (f) DNo If applicant is a land trust, so indicate and IlàIDe beneficiaries below. If applicant is corporation other than 'a public corporation. so indicate and name officers and major stockholders -below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. If applicant if a lessee, attach copy 'of 'lease, and indicate actuaJ owners if not indicated on the lease. If applicant is a contract purchaser; attach copy of contract, and indicate actual .owner{s) name and address below. Lodge Abbott & Associates, LLC, Bryant Frank-Manager, Trident-Abbott, LLC, Member, SoaveManagement, Inc., Member (If space is inadequate, attach on separate page.) 2. Name of Agent Richard Yovanovich Firm Goodlette. Coleman & Johnson. P A City NaDles Agents Mailing Address --,--4001 Tamiami Trail North, #300 34103 State FL Zip Telephone Number: Res.: Bus. 239 : 435-3535 x 256 ~ RE-SUBMlTTAL PUDA-2004-AR-6786 PROJECT #19990002 DATE: 1/19/05 MIKE BOSI Agenda Item No.,8B April 12, 2005 Page 30 of 156 -- 3. PUD ORDINANCE NAME AND NUMBER: Cocohatchee Bav Ord.#2000-88 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of the survey (I" to 400' scale). See attached THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTIONS 8.16,17 & 20 TOWNSHIP 48 RANGE 25 5. Address or location of subject property 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). See attached adjacent properties list 7. TYPE OF AMENDMENT: A. PUD Document Language Amendment - See Attached Amending Ordinance ¡g o o B. PUD Master Plan Amendment- C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: ¡g Yes 0 No Ifno, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME?_No PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN D SOLD and/or ¡g DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? ¡g Yes 0 No IF YES, DESCRIBE: (A IT ACH ADDITIONAL SHEETS IF NECESSARY). The PUD has been'approved under a number of ongoing development orders (site development permitting); including, but not limited to: · SFWMD ERP Permit #11-01882-P, approved December 2003 · US 41 FDOT Tum Lane Permit, approved 6-20-0 I ,Vanderbilt Drive Overpass, approved 5-26-04 · Golf Course Site Development Plan Permit (AR 694), approved 9-04-01 · USACOE Permit, approved May 2002, modified #SAJ-2003-526 approved 9-16-04 · Right of Way Dedication in accordance with PUD conditions / stipulations ---_. ------ 01/13/2005 08:43 2355553840 Agenda:1MIID Nð2BB3 April 12, 2005 Page 31 of 156 ,. Affidavit I, Bryant M. Frank: being first duly ~w( m. depose and say that L:>dg:/Abbott Associates LLC, a Michigan lim1ied liability camp my, is the owner of the pIQperty described herein and which is the :¡ubject matter of th ~ proposed hearing; that all tbe answers to the questions in this ,.pplication. and all sketches. data, and other supplementary matter attached to and m¡ide a part of this a¡:plication, are honest and trut: to the be~t of my knowledge and beHcf. I understand his application must be completed and accurate before a hearing CHI} be advertised. L,)dgelAbbott Associates LLC further pennits the undersigned agent 1::> act a.s its repres~t.itive in any matters regarding this Petition. NOTE: SIGNATURES OF ALLO'NN'::RS ARE MANDATORY. LCDGE/ABBOTT ASSOCl<\T1~LC -.-;;> ,. l,rr- By: .-t-<Ç ~vV(.d=-~ Bryant M. Franf. Its: Authorized Represen1ati'Ve GCIODLIf{T;-' COLEMAN & J'~HNSON, P A By: ~ Ç}-C2 Richard Y ovanovich Its: Agent State of Michi ga¡¡. County of Wayne The foregoir g Application was acknowledged before me this 2 ¡ih da.y of October 2004 by Bryant M. Frank. who is person.!.l1y knO\\'Y1 to me. ~~m~rl~ L,~~ub6s NOTARY PUBLIC KI/>I ¡£j{tŸI..S UBes NOTARY rUI:LfC :;TATEOF M!CH!CAN '^ ^ Y1'o;E COUNTY MY COMM:5SION EXP, AUG. 26.2006 Q 0.: i J\J (J. ¡' f.J WA\j lÙe. J . o QOu.I0~1 ,.T 01/13/2a05 a8:43 2395663840 Agenda ~NOA~~3 Aprlr'î'2, 2Dtf~ Page 32 of 156 , ,. .. . - .' County of Collier State of Florida I HEREBY CEFTIFY that on this clay before me, an OffiCN duly authorized in the state aforesaid and in t1e county aforesaid to take acknowledgments, personally appeared Richard D. Yovanovici- known to me to bu the person described jlî and who executed the foregoing Affidavit and acknowledged be'bre me that he/she executed the same. WITNESS my, t.and and official seal in the county and state last aforesaid 1his ~?¡ day of rc~~ f 2004. ~ *' Karen C SIe"o'foOSOC1 . ~ . M)' C«nmilSÌJn DDI)6.41)\X ~or:l ~;fes Oc;¡tot.ar 1.0\.2005 ~ ~I --:: Ct~·",.....,,~. ~.e..e.-.s.::.--""¡·Sc:'"\~ \Iotary Public· State of '.'!=-l..- . Y-A,l~...r-. ~ I ~t "I-J.-:'..__~~,......,~ (Print Commiøsloocd Name of NOlary Pl,I ¡lie) ¡ ,¡d Did Noi T~kc An O~th 'er-.onllll)' Known-X.. OR Produced Ide"lIfical,on_ ',ype of Iden\lfiça\ion Produced__ (S'EAL) Agenda Item No. 88 April 12, 2005 Page 33 of 156 ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88, KNOWN AS THE COCOHA TCHEE BAY PLANNED UNIT DEVELOPMENT (POO) ORDINANCE TO PROVIDE FOR: SECTION ONE: AMENDMENT TO LIST OF EXHIBITS AND TABLES TO DELETE REFRENCES TO A PORTION OF EXHIBIT "B", POO MASTER PLAN WITH EAGLE OVERLAY; SECTION TWO: TO DELETE EXHIBIT "B" POO MASTER PLAN vnTH EAGLE ZONE OVERLAY AND BALD EAGLE MANAGEMENT PLAN AND REPLACING IT WITH A NEW EXHIBIT "B" ENTITLED COCOHATCHEE BAY POO BALD EAGLE MANAGEMENT PLAN; AND SECTION THREE: EFFECTIVE DATE. Whereas, on December IS, 2000, the Board of County Commissioners approved Ordinance Number 2000-88, which established the Cocohatchee Bay Planned Unit Development: and Whereas, Richard Yovanovich, acting as agent for Lodge Abbott & Associates, LLC petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2000-88 of the Cocohatchee Bay Planned Unit Development; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: AMENDMENT TO LIST OF EXHIBITS AND TABLES 1. Exhibit "B" PUD Master Pis with Eagle Zelie Overlay and Bald Eagle Management Plan SECTION TWO: AMENDMENTS TO EXHIBIT "B", PUD MASTER PLAN WITH EAGLE ZONE OVERLAY AND BALD EAGLE MANAGEMENT PLAN Exhibit "B", PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan, of Ordinance Number 2000-88, The Cocohatchee Bay PUD is hereby amended to delete the Master Plan with Eagle Zone Overlay and Bald eagle Management Plan in their entirety and replace them with a revised Exhibit "B", Bald Eagle Management Plan as follows: 1.Q ~alll Eagle (WalilillleNG l_Q9Q~kahls IIl\lSeQ~àlill>lt) 1.1 OeeUft'eaee ell !>ite 1I.B IiIQIi-'e ~ilIB eagle aest is hrsateiil ea the site e& ~e '''lISt sida ef ~..'iuuif.feilt DPi-..e~ 9ks .,'ft 8ft ihe attnehefl aite plMttjuSð81 "So 81ftt'. .A_,uaecåill" ts ~TCC JeQ9Få6, tka sita kiUìI øá& Qgg..jI ÑI~ at JaRsl tlw last "7 ~1H'6 ';ith aast seæll 1/8aG1i=1Jl/teB iM Þi"8 Elitfnvøt Inlls. TIte SYD'lIRt Bellt WS!! eeft9tfueted Ìfi 1995 MId the el'Ì !!ÌBM Best tl'ee i'\ 8S eMt de'.VB ÍB 1997, !tie IIest h8å eWl!fld) fMleft. Tke ",sntil èiuls a...å !;ell eae ltøte~ æ 19~X 90 aa!l I>"'s )'91,1B@ ¡ uria@ tåll SIiFVg)' ¡;eFÍ9¡ The aest is lel/Illga æ a de/It! aaå ~ill!.) 8eteÅeftltiB~ SlasH Pitie wee 88 tke ','eeteæ }JeMie!! sf the I'I'8J1e~. T1le a ee is leellted \:let>." eea iii SHiMI !M\ ,.I[I:fft5SlftIIt'sft lifeR sad ~g Bay f9F<isttæRR~s"e s'''aø.;¡p. 18g Bir88 ha" Ila 9fI- 'OJ.,., Ie ~e water BVef' the t9fls Bf tàe lBIIa~eves te tlie ":est. AIR)Bst all Be the 8st6BIiBBell wees Beh:eeB tBe Rest t!'ee lIad YMldeftjÏ:k DpÏle kll. e died. Øl.8Eitlõ' &Nil ta 1\ Hn tllat 8sIiW"I'eà eø !Bg ¡;r9p~' sF.'era( ~_ alia lie tàe èÃ1nle 81&9 11.81"8 8 f81RtV"øly 't:IIl91lSW8tøå niw"· 9f 't'AØdaRilt DÅ7~1i Du.8 ta tlie e8tlèiaen ef tIle ""ee. it is net e¡~eeted that the eR~es On ill eeuftftue te Words &truek tlu:eligh are deleted: words underlined are added I &e8 tka ~8&t JBere tkaa a søtipla sf RlgAt year; at tHI lRast. It k .9Ft lil¡.~· OliN a sleAR "1& liøa':/ Vl'inlÙl "'iY IÌIBIr deslfl!5' ÜI' R' GYppeMg iie !t.sl, ef å.9lfey 1ft. B.sl iloeY': II 19 Bel 8I.ftI' vAle", tit. ~e9 ".ViR ~. te Q9&6W\Mi1t R RWy? RHt if tWs 898111f& ~g9iiie ¡ÞS'-.'liÜ9mI ·.Wfl æa4. EiYriøp. t1M past p"e 8"tin@ ÐIla&el16 III ReI. fl.i[!ht palteRl& &ad felllliBg \;IeM-A8f af6~BIi tIte Besl. TIieoe .\;Ism atieBtl æ.e,;,.1I IMI .&i@:kta ÌBle Mil elit ef tile MDI were IIreè8lBiøalely Ie the 8S\ftB 8M setttk ',Ii eel &eæ tlte IMIVli. £e'liflll Ilk tllIlWI )liRlIIi IINlllut tlllI øest 61F\'lId M )l1AIß1Ii fill' tlllI plll'8RtG dulÌag /kll RII&tÏßg 8.I&eR f¡J eilOFt mll6 RlIl4I1 lJy tho pllAlBt BiftIs Ie eSMnel a 8e'i\' Best alijaeeøt Ie !Be eJH81tftg l118riBa ellfly ÌB tke '1)9 '00 &.A6e~ kevw,·IIf, !BlIIJe .ileR& W_ YHwlKleliGmL. 2.2 Biels!y 8Bè HølJilftl ~fttIÍI'elH'B~ Tht hllld '&[H' is tålllaFgKI l'IIpter .øat 9N1ld;¡ 9R !iIi. p-:,'1Iia ef Fl9Äda, with II win~pati ef ItlelJt SlI'ieø feet. Bed;' plumage i& defl¡ Bfe\Vli with 1ke keet! aM wi II IHsÛReli":e 'i\æle. .Htvelli:!:es are 9fer.'Æ IJlaek aM ~ d., ,.Ie¡;¡ tII. ';<àitll R.ad IIBd lail Þy IBe age 9f K\'e 91' siN. EII~ea Iy¡!ieall) Be~t eleo. Ie water nilli their àiel eelJ!!1ft8e4 ~ ef "98 euI MJPI!1.lHeøteè '¡;H1t It "'8Pie~ af ':eÁelll'!ltee inelH~ 8irth MIl twrtle8. ThYs Retts m1J&1 pr9'J411e pfOJ' ePJI9FRiMills iR tåll vi&i~ @99d ',isibHity ABEl a elear ~ p8th. } Jost layiøg 1IllgiBI¡ ÎB lIarly fa!.! aad the &9Rt 6Balilllt RIIIJt6 'ilia IN 1\ f.et BaNGS "Jul it i Met dB.! liB"" '~'ilÀ G9t: æataÄah;. Þf9fšt Q9ßl1'R8RJ)\ 1i. Ìft!: J3ÎM er eYl''''~9 Ifee!l are elte_ .\ heft MJlHe eeB8f!Y re!Bll!B!I alle'le tkø Rest. The FRiis af waler 19 ¡lIRà 1198' il aRII 9f 1M 1&981 &,9fklBt 69B1ìiàlfal;ÏeRlì &ad 89 leøg as 1M)' MB4Iit¥ d911& IMIt diøúøisk. å$il!lt saitaBility sf aB area FeHIi1HI9 eeøstast. Egg layœ, ,lIake iR ellf~' gOllemhl' Mil &lute9ls \If)wlll'r 1I9BliÍ6t 9t eae Ie W/a e88G 'yill1 ÌRlftHiiltillR lit ItpfI'9Xiæølølo/ :u~. T,!}O )'911Bg Aedg. ager 1 Q 12 ".,eeks 811M. llIIfeftI81 eBte. lHay e888Me. n ftIftB.er 4 16 ~ weBM Bfter tbi.1. Mast 9f FIIIRde'l IIB8t1l paits are yell' l'e1lB4 rl6iàllØtl wåil. ~ yeung life Rli!.l;fttts~'. III l1iWitieR te lite 8e~ lifee. tlilJfHlll perel!. sit~s life 81i ÍfBtJefIBBt 11811: ef ilillIIBgiO'& _ts~" '~,'¡¡IIB, iiñgllie aeB R"IÏR@ SIIa6ea, llIfQåi&@ RlBY takl! Qt! 7 4 g3q~ sf tèe day EF'~. illle&tieø i& similarly Basea 98 saw IBReIt prey i~ ( \ aHlißle iR lite vieiftity R8è lie'.\" -.n!llllie ¡'Ìfè eaø eee it, tkti9 per~ sili& arB PJlliedly !FeliS 99fMeà 9~' aa Spllll MBa SUIIR as W'1If Sf lake 91181", .\:9 II tel! preåate~ ~a~e8 II1'e Ylttftet'8ele te llie 8uìl.á lip ef eeBto!tlÌllftØts iB IBe (oell &BaiR. P9 1wlatieR si.i!e '1:a& SII':II~' ~atllEl BY 160 \161 sf the leelt_ide OO-T f¡¡a\'! 9øBReEl3. whish FIiIdwieå 'upredvlJan lRte&ess Ð~" ~ epeYs. leaá 1i8è æefeæ.y j!ei6eniag are 8ft 8etøg eeseet'1l9. Þ 4ulti.plll àistYFl1aaolllJ ÐY Ii1IæaRIì af øe_g lIif4s BaG lIell8 1IÀ9"¡¡¡ III Iud ultimately Is Rest iWaaåa¡¡mllRI ~ latial aø4 telQt!9ral issla&i9R ÍfORl tRII M3t riiæ 8ft~ feeà.iøg SKAt) are ß81ft138Reøt3 sf ß'~$it3 HtftBa~etBel\t plefts. gi'}IIR lB. ~1IA1 HlillÎMBiIBtG f9r Üle _Iegi&nl ~uel!lItG IIi tRB ea@lB, lIB ( \·etVi....ì ef Be';" èevel8l'f1ient 8ft tile pl'6jeet 8i~e ... iR aYe;; eefttÌB~eII heèttøtie8 is 1Il'8" 1i4e41 \!ellffl. U Site Ds"'elepmeøt C9B5ieleflll'iaRG aøè speeies Maøagemeøt ~ 1118 G\HTeat silll plaø &allG Í9r Qi"'ølepRlIIBt 9f a gslf 119111'£1 e~' '''itä aa e"tieR Ie eeBiluet fufttfe re6iEleøtšal eeBtltRletisR &lieøJ.á lite ait. eeBtiili811B Words stmek thretigR are deleted: words underlined are added 2 Agenda Item No, 88 April 12, 2005 Page 34 of 156 er ¡r."RR8IJB1i1Øt tlGàRiftYt6 Gliaøse te alle·.v if. It sliet1lå 9. Retd tllat wstHtg gi~t 118" IV' }ll"IQ....,;~..ntly te tal selHå QBa seatÀ ·...IIHt aøå a iftr ~8teF MeR ef~reset"le eHteftæ &em Y!e 8e6t 8'ee te tfie ';:est, lteepÍft~ 1M IiKI ÍB 8 silBÌlac G9BB8UfØt.ieR fa liew it is ilHHRtly \lÜlii!S8 9Y t,!¡1I 9ir96. Ths ¡¡¡aiR feF8~~ area is tås V.Q@8ÍBB PIISS IJÐtuariRa sy&tam'rlHQ.!;¡ is éesi !;ft8teå M Oøt!!ltoftèiBg FleriEle WøfefS, 289 8efes af v;hiek will he deemed BY e8ft9Sf\'fiis8 eIL'Jeæeøt te ate SaltY! Fl8fiEle Water Þ 1aøa~IIBt DirÆFiet I1relJeFV~ tIHG åae¡tat ÍB 11~IIty¡ty. The IIøBitot :t IftfttI~elBeHt C1Iiëe1iBes s~tliBed it!. t;fte Reee. ~ Plftfi far t;fte i~mtkllMit8Ai ~tati¡¡ RaiQ i:.e GaD fef a P":'~~7 pl'QtestieR :lieBe, IIXli/eft uaEtllr Wl\ls\lal SirWlBEitaBGf!6, iRltiREtiag 750 te I5Qg ff!. e\Wl."8f8 ires tke !test /:ree. Tke l!feeifie åtstlHtee 8e~ àe~etiêeftt tij)SIl !:fte }!1'6Jl:tmal ftft/! Sflatinl eaI!.H~t¡aH af ePittenl elsmeatt! r;¡Jefi as t:he ae3t tree, feeèiag IIRI~ aBEt Fees! \Hes. þJe rlls¡il8Btial.. lo1emmereiLH, ef Huly,glFial de'¡elepmæt, leggiBg er miBiBg ehewå eeeOf'V¡¡t-hiR this zooe. Th. site 111& fer tåll gelf IiiS1:H'&e as pr9fl9slId prejllGf.s &e tlie 7SQ feet pFiæary zeae te ~ east eelke 8118t tHe. It is Bet atHiÐÏlfHwå tBøt tRiG '.,'¡'¡l aèvenely aged t;fte eagles Beeø8se sf the e!HsâBg eireHfft9tf.ftees af the sitE:, TIten MI! 8e I!ftis~ JiviBg Res WitlHH tlHs !1fea mut !fie \:Iifes ¡Qfl:lilRtly lia'li It AJlag.'}lIly IiBslJGwst¡¡iI '\.'iiW sf HI\AQeÆilt DR'·II. Thll gElIf eeume weald reHiove seme Elf the dead SHags left iÐ the area but S~sl!1",:aâaft5 a'.er åt.e l!lI5t PI.s ye8!'5 Mye SaElWfi thftt these sB8g9 are Bet ~Hi:2.8Q ~y ~IJ eifEl¡;; fer fe9Gkng 91' pllrelHBg. Alse. fitgllt patås iøte aaEl wt ef tåll BlIsting æ:ea 'Vllrl! ¡a tke ~96itll åÏnJsti9B aaEI aet evef tail area l!fe1"esed ta 8e HHI!seted. A 9E!feell. ef Ji"Ìtiß ·..egeæâslI. ·.¡iil 8e pllHiteè e@t:v.<ees 1811 gslf seWS8 aaEl tHíI BiÐt G¡t8 te IJlesk ':¡w:G aaEt se1:Hiils ef tå8 geUòF6 å:eIB 18e BIIGt. "This aitieR \\'euJ.8 (esalt ÌB it 9aiI9r sf approximately 530 feet to the east of the nest. f'~ tmffer of 750' weulEl ae æaÏtiklæea ta tHe 908tlt;ft ftftll HaA:R sf ;fte aest. aøë Be ÏtBpaets Me }!f8pssed t9 the west 9i1f'we8a tae \HI! aaEt tal! QI,¡lf ef Mexiee. Ta ætøímÍ£e EHßæœ!Hiee ~ tlie ~Ðft!lftt Re!!Jtæg peÄall a gt"e8ter eag-or i!9Be ef 1.$OQ' in flUHy,g ":iU 911 ilstaeli&hilEt &¡j maiøtaÌBiEt EI'driRg site sSB&t:æet.i9B asthiQlIs. ÞJ9 Q9BSWiti9R astivities will take plaie "WidHa the 1 see feet zeBe Efttàtt~ tlie øestmg peÄså wftieh f\tBß &em OeteBet" 1 tIife~~ May IS. IRse~erateEl tÆ:ea§l¡e~ 1118 site is aR lIåYfòatisB }lIaR iSBfJisäRg sf &Ì@B& aM pas1efS lseated at ~elf Bale tees, wiè iøfefIHfit:Ì.8ft 8ftå Jlietures af the aaeilats aall 9JllIsies 19Qat96 ÌB tit" "iGÏBiÞ¡ sf 88.Ii 8918. IR tHis 'I:a)' ~Ia~¡:¡;¡ aBEi ril6iEteHts ·....ill ~ÍB kHen'lildgil aøEt aa ap'pr8.iati9B ef thl! s)"steHl 1\9 !fiey pfeg:t'£S5 ätretl~ tfte esttfSe. TIte e"!cie '.';'ill h 1H~~teè at the apl'fSt3Äate leeat'ÍsH widi deteils 88 t:he Sfleeiea 8i8legy. eeelsgy ftftil Se8&ifvat¡eB &taRiEi. Words s1ruek tlirs1igh are deleted: words underlined are added 3 Agenda Item No. 88 Apri/12,2005 Page 35 of 156 Agenda Item No. 88 April 12, 2005 Page 36 of 156 D I!i 8 ® Q) \ \ q ~I pp \. I ... ~~ ~I g ~ n¡ ¡ l 4 Î! ì ~ "( ~ . COCOßATCHØ DAY .. ' GIlt: I1If~Z'-IIO P/IfJJt&T·~.: JØZC$ run lIt\S111tl'IAN V~UDAYLOa Rfj! "~Df-110 ,- It......__. WlTIU'A.GL&ZONEO\'EIUAt :::-::.... _ ~ N.r..t AC4D /III. oIQm-NDIf'J Words stRiek tbreagh are deleted: words underlined are added 4 EXHIBIT B COCOHATCHEEBAYPUD BALD EAGLE MANAGEMENT PLAN The forelZoÌQIZ Bald Eagle Mana2ßIeent Plan has been coordinated throu.~l. and aoor?ved by. the Annv Com of EmlÌIleen; ("ACOE") the u.s. F~h&~dîif; SerVice ("USFWS"). and the Florida Fish & Wildlife Conservation COmmission ("FFWCC"). I A. PROJECT DESCRIPTION The. a~licant ~TODOSed to construct five hi2h-~s~ condomipiums (each 15 to 20 stones) . a social and fitness center a !Wlf drivmlZ ran!!:e tennis court; ~~ cotta Res. parkin!!: areas. and sWnn water IDallalZement facilities on a Il1.3-acre project site. TIle applicant also prowses to construct a 35-slip marina. Constmction activities associated with the proiect will il1IDact 1.52 acr~s of ftesh water wetlands. To comoensate for ÌlnPacts to wetlands, the aoolicant has PfOlX>sed to pllfChase mitiaation credits from an approved mitiaation bank. To comuensate for W1avoidable effects to bald ea21es at nest Co-I9 the aoplicant oroooses to ourchase and Dreserve suitable habitat for nestin2 bald ea~es in or in the vicinity of. Collier COlmty. in southwest Florida. The project site is located north of WÌlurins Pass Marina in Sections 8. 16. 17, and 20. Township 48 South. Rl\J1lo!e 2~ East Collier County. Florida. B. TERMS AND CONDmONS4 I. In the event of project implementations, the entry road. stonnwater pond. parkinS!: area and 1Z01f club house areas will be cleared and constructed in the first non-nestin2 season (Mav 16 throulÚl Sc::ptember 30) Exterior construction of the !Wlf club house would also occur in the first non- nestinR season. 2. Land c1earin¡¡ and the initiation of construction of condominium number 5 also would be initiated in the non-nesting season (May 16 throu2h September 30). However. constmction of this I5-storv building.. which is anticioated to take about 2 vears to comolete would not be limited to the non-nestÌD2 season. The staRini area for buildine: number 5 would be at the future location of building number 1. Site clearin2 for the staRin2 areas would occur in the same non-nestin2 oeriod. 3. In the second non-nestin2 season. construction of the remaininR recreational facilities east of the access road (i.e.. fitness facility, social facility. pool cottalZes and tennis areas) would be initiated and exterior construction conwleted These facilities are intended to be ooerational upOn completion of the 2-year constmction phase for condominimn nmnber 5. 4. Land clearin2 and the initiation of construction of the 20-storv condominium (number 4) likely would belrin in the next non-~tÌD2 season deoendin2 on economic conditions. The pad for condominium number I would aRain SeIVe as the staRin, area for condominium number 4. The applicant a~ees that the start of construction of condominium numbers <; 4 and 1 would be initiated 01ÙV in the non-nestinlZ season(s), TIle constmction start dates of these condominiums likelv would be in ¡ This section í. ftom the DESCRIPTION OF THE PROPOSED AC110N S«tÌon in 1M U S Fish & Wildlife Serviee·. Bíolo2ical ODinion dated Febmarv 27 2004 , In accDrdance wí1h tœ PUn """,oval dated ~ 12 2000 buildimrs #1 #2 #3 and #4 Ire 20- ~ries and bniM;na #5 is 15-stories. Private!' DI1ICtice ~.a. Not ODeD. to ~ oublic · Biolo2ical Ooinion dated Februarv 17 2004 Pue 14 Words stnlek tàFeugh are deleted: words underlined are added 5 Agenda Item No. 88 April 12, 2005 Page 37 of 156 consecutive non-nestinll: scasons. but could be delayed based on the economy. C. ADDmONAL TERMS AND CONDmONS~ The ACOE has req\lested the USFWS to modify the FebmaIy 17. 2004 bioloJÌCIII opinion for the Cocohatchee deve1Q,Pment based on modifications to the prQ.iect ørooosed bv the aoø1icant. The USFWS has reviewed the orooosed l>I'Oiect modifications and notes that thev win result in the addition of the followint: two (2) items to the Terms and Conditions Section ofllie biololPcaJ ooinion: 1. The construction of condonriniums numbers 2 and 3 can be initiated only d~¡ the non-nestimz season (May 16 throuih sej)tember 30) HDwever. once initiated. construction acti"ities can CIIITV over tbrouQb the nestin, season until the consl11Jction of each condonùnium is colUDleted. 2. The aoolicant has a¡reed to purchase and preserve an off site bald ea21e nestinll: territOry prior to the initiation of constl1.1ction activities for the oroject. Securinll: a tenitOry mav be in the form of fee simDle title or a conservation easement to be Ip'8.I1ted to an lIC~table t11ird party. The territOry must include sufficient area to accommodate alternate nest trees in the event that the ori1narv nest tree is lost. The IU>plicant will use best efforts to locate and secure a territory in Collier County. but reserves the ri2ht to search elsewhere if an acceotable contract cannot be secured in Collier COlmty. Site selection criteria are as follows: i) Preference will be ¡iven to selection of a parcel that presently supoorts active nestinll: bv bald eall:les. but a parcel that suPPOrts suitable habitat for attracting and suPoortinll: neslinll bald eaales may also be considered acce,ptable. ii) Preference will be låven. but not limited to. selection of a parcel of suitable habitat that has been selected and ranked as a conservation priority for oreservation by agency process. iii) Promixitv to other conservation lands being managed or identified for preservation and manaJement. Dfoximitv to fora¡in~ areas. size. cover ty;pes. and presence of other ~cies of conservation concern will be considered for selection of a Darcel of suitable habitat for nestinR: bald eallles. D. DISCRETIONARY CONSERVATION MEASURE6 The awlicllnt has expressed an interest in COnSl11lcti11l /I 50- to 60-foot artificial nest tree on a salt flat anuroximately 5.000 feet northwest of the existini nest tree TIle D\lf'DOse of the artificia1 nest tree is to ascertain if eaales that are utilizinR: nest CO-19 will relocate to the adiacent artificial tree. This suecmc location was chosen because it is within the territorv of the ea~es that nest at Co-I9 mrther than 1.000 feet from the orooosed condomillimn construction area, well buffered from other pOtential conflictin It land uses. and will minimize disturbance to wetland resources. The ~eotechnical en2ÌIleer (ASC Geoservices Incoroorated) s\llz¡zesl that actual fill for the base structure in tlle salt flat wetlmd will be limited to a 25-saUBre foot area. and cm be pile driven bv a crane from a floatina: barfle. Water depths are adeql18te to reach the site. and fe1)resentatives of the South Plorida Wate!' Mana~nent District will accomœnv the contractor durin, bar2in¡ and tree installation to ensure that enviromnenta! danuul:e will be minimized. The 5 Amended Bíolollical Ooinion ditt~.d June 3D 2004 utJßuant to a reauest for lettc!'r of ~ca1 ASsistaoc~ from CoUìrr c.ounty Pag~ 4- 5 · Biololrical Ooinion dated Februarv 27 2004 Daile 15 Words stflIek ~Qgh are deleted: words underlined are added 6 Agenda Item No. 88 April 12, 2005 Page 38 of 156 we~and ~acts associated with artificial tree installation are considered to be de nllnlmllS. The artificial nest tree will use technoloRY develoPed for monoPOle cell towers with artificial bade.. limbs and needles matclúna that of a mature slash pine with a crotch confi21lI'a1Ïon suitable for construction of a nest bv bald ea21es. The tree will be desilmed to withstand 140 nwh winds be lilÙltnin~ proof and constructed of non-toxic materials. Examvles of this tcchnoloav can be found at manufacturer websites such as www.naturemakers.com or www.utilitvcamo.com. The am>1icant also DfQPOSes to install a video camera in the nest tree to provide the residents of Cocohatchee Bay and other interested parties with an OODOrIlInitv to monitor ea21e nestinll behavior. The final desims of the base. the nest tree. and the camera will be submitted to the Service. E. CHANGES THAT AFFECT TIfE ABOVE TERMS A..""ID CONDmONS Any revision by the Affi1v Com of E11IlÏneerr; (ACOE), the U.S. Fish & Wildlife Service (USFWS). and the Florida Fish & Wildlife ÜmseIV8tion Commission (FFWCC) that may cause revision of the above descnòed terms and conditions will not recuire further amendment of the Cocohatchee PUD or this Bald Ea£le Mal1a~ment Plan. Should the current ea2le nair or a second ealZ.le nair build a new nest witlùn the PUD boundarv. allY revisions to the above described teons and conditions reauired by the allenCÍes listed above shall not reQ1.1ire an amendment to this Bald Eagle Management Plan. Any such changes wiIJ be processed administrativelY by the PI,~t\nin2 Director and shall become conditions of this Bald Eaale Management Plan. F. PHASING PLAN In accorwlIlce with B & C above. a vhasing diagram has been iDCluded for reference. See Attachment I. G. REASONABLE A..."ID PRUDENT MEASURESB 1. For the duration of the vroiect. the aoolicant must take all necessary stens to mininùze the potential for incidental take of bald elUtles dwin2 each nestin2 season. DUfÍI1I!: the construction of the project. the aoolicant must make reasonable effort to )folon!!: the intelZritv of the bald ea~e nest tree.. the nest. and the SUITOundinll habitat. 2. Upon the onset of the nestin2 season each yeM of construction (October I). the applicant must initiate monitorinll accord.in.2 to Service draft monitorins ~delines to detect the nresence of bald ea21es on the pl'Qject site and. jf present, any abnolUlal bald eule behavior, since site work and buildinll construction within the Primary zone is P£oPOsed to occur during the nestin¡ season This monitorin2 consists of 4 hours œr mornin~. for 3 dayS per week while construction is OCCturin2. , Laot sentence of this section not. statemmt1ÌOm the Februntv 2004 Biololrical Onimoo · From Biololrical Ooinion datM Februarv 27 2004 Da2eS 13-14 Words struele thrSliglt are deleted: words underlined are added 7 Agenda Item No. 88 April 12, 2005 Page 39 of 156 Agenda Item No. 88 April 12, 2005 Page 40 of 156 wi· s PROPOSED ARTlF1CIliL TREE íLOCATION ....' Ijf of< "i';"" ~ 1 ..... .. SC>J.£;_ :PUD BOUNI».RY: ¡... "" ~ ~~ §~ BUILDING 150 __ BUILDING 140 IT 8U1LDING ¡J a EAGLE -. 0 NEST LOCATION BUILDING /2 0 BUILDING ¡ 1 - I'JIII.(Ç " DtIIIINŒ cøc:oHA TCIB fIUD IALØ fAU......-r ",.... .au, L MJ7Z TN! IIØ fll.AlllIIOlIN _011 " CØfCÐ'TUAL AItIJ " 1101 TO . USED A8 A ....,m DEVI101'11Ð1T fII.AN. /IRU _III Y FARr rrrTH~ WIGGINS PASS ROAD fA I/£1ASfJ) JANUNlY 2005 ··1 '=T Vanasse.:."':L-"== ~";".u.c ._ """"""... S6$1"'" _SolI ZÐI _,-DC114 Daylor ,........-.... ,...., _.Mill! ~........."'" (ZII)sø-SIII -;r _ ~}IUIUII .JIUP.'. - - -- ~1'JlI1 "':c.'&:. ~ SIooot..1 ...1 A TTACHM£NT 1 Words skuek tbr9ligR are deleted: words underlined are added 8 Agenda Item No. 88 April 12, 2005 Page 41 of 156 SECTION THREE: EFFECTNE DATE This Ordinance shall become effective upon filling with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2005. ATIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to fonn and Legal Sufficiency MaIjorie M. Student Assistant County Attorney Words stRtelc thFeHgh are deleted: words underlined are added 9 \ Agenda Item No. 88 April 12, 2005 Page 42 of 156 .COCOHATCHEEBAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DeVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE . . PREPARED FOR: V ANDBRBILT PARTNERS n. LID PREPARED BY: PMS.. INC. OF NAPLES 2335 T AMIAMI TRAll.. NORTIi SUITE 408 NAPLES. FL. 34103 DATE REYJEWED BY CCPC DATE APPROVED BY Bee I"'Þ~6' ORDINANCE NUMBER ZtJdJ- ðlf AMENDMENTS AND REPEAL DOCUMENT DATE 12114100 EXHIBIT "A" -_..--------- -- --.... ..."..~-""'-"~-~"'.,..__... INDEX PA·GE List of Exhibits and Tables n Statement of Compliance m SECI10NI Property Ownership, Legs] Description and Short Title 1.1 SECI10N II Project Development 2.1 SECTION ill Residential. Development Areas 3.1 SECTION IV Golf Course I Open Space 4.1 SECTION V Preserve District 5.1 SECI'ION VI General Development Comnùtments 6.1 I -- .. r --...- . --.-----.- f ---------- Agenda Item No. 88 April 12, 2005 Page 43 of 156 . ...-- -, ~_..__. -,. -. - .- ·LIST OF EXHIBITS AND TABLES EXHIBIT" A" Planned Unit Development Master Plan EXHIBIT "B" PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan TABLE I Land Use Summary TABLE n ~v~opmentSœndmds II --y-........ Agenda Item No..8B April 12, 2005 Page 44 of 156 .- ._., -~ ~_._------. I /, I Agenda Item No. 88 April 12, 2005 Page 45 of 156 STATEMENT OF COMPLIANCE Tbe development of approximately 532.09 ± acres of propeny in Collier CoUDty as a Planned Unit Development (PUD) to be known as Cocobatchce Bay PUD will be in compliance with the goals. objectives and policies of Collier County as set forth in the Collier County Growth Management 'Plan. Cocohatchee Bay is a mixed use residential golf course community and wil1 be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 1. Traffic ways. utilities, and other public facilities necessary to serve the Cocohatchee Bay Project are adequate. The Cocobatchee Bay Project will panicipate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Cocohatcbcc Bay Project will be compatible with and complimentary to existing and plazmed land uses in the vicinity. Project lands lie in a transition area which inc1udes low-rise residential development and high-rise multi-family development. 3. The subject property's location in relation to existing orproposcd community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element. ' 4. The project Development is compabòle with and complementary to existing and future sUlTOUnding land uses as required in Policy 5.4 of the Future Land Use Element. 5. The propeny was down-zoned during the Zoning Re-evaluation Process which resulted in an action establishing several zoning districts and densities: Parcell - 11.19 acres RSF-3st ParcelS - 161.63 acres RSF-4 Parcel 6 - 13.15 acres RSF-4(3) Parcel 7 - 69.61 acres RSF-3st(3) RSF-3(3) RMF-6(3) RMF-6st(3) RMF-12(3) RMF-12st(3) RMF-12st(3) - RMF-12st(3) - RMF-6st(3) .. 33.57 units 646.52 units 39.45 units 208.83 units Parcel 8 194.60 acres 583.80 units Parcel 9 Parcel 10 1.26 acres 80.65 acres 3.78 units 241.95 units TOTAL 532.09 acres - 1757.90 or 1758 units The PUD will utilize a total of 590 uoits on 532.09 ± acres for a gross density of 1.11 dwellings per acre. This action makes the land uSe and density consistent with the Future Land Use Element of the Growth Management Plan. ill .. ----------.- .--.-- -~-- Agenda Item NO.,88 April 12, 2005 'Page 46 of 156 6. Improvements are planned to be in compJiance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element 8. The project Development is planned to protect the functioning of natural drainage features and Mtural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 9_ All fmalloca1 development orders for this Project are subject to Division 3.15. Adequate Public Facilities. of the Collier County Land Development Code (LOC). IV -."....-- I ; Agenda Item No. 8B AprH12,2005 Page 47 of 156 SEcrION I PROPERTY OWNERSIDP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEEBAY. 1.2 LEGAL DESCRIPTION PARCEL 1 TIlE SOUTHERLY 548 FEET OF A TRACf OF LAND LYING IN SECTION 8, TOWNSIDP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACf BEING DESCRIBED AS: BEGINNING AT TIlE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECI10N 8, RUN S.88~4140'W. (SHOWN IN ERROR AS S.88~6140"W. IN O.R. . BOOK 68. PAGE 235; G.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167. PAGE 692; O.R. BOOK 218, PAGE 484; HBREINAFI'ER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE. FOR 776.71 FEET. TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167. PAGE 692 AND O.R. BOOK 218. PAGE 484 INDICATE mAT 1HE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECfTHOSE RECI1ED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COUlER COUN1Y, foLORIDA; THENCE RUN N.2~11140nw_, ALONG SAID BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00"W., ALONG SAID AGREED BOUNDARY LINE. FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); 1HENCE RUN N.67°30'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22°31 'OOnW.. (SHOWN IN ERROR AS N.22°30'OO''W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORm, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECI10N WTIH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3. SAID SEcnON 8; TIŒNCE RUN N.oo08'S3''E. (SHOWN IN ERROR AS NORTII IN THE OFFICIAL RECORDS), FOR 429.82 FEET; TIIENCE S.59°00'00''E., roR 815.68 FEET, TO AN INTERSECTION wrtH SAID WESTERLY PROLONGATION OF TIlE NORTII LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20''E., ALONG SAID WESTERLY PROLONGA nON AND ALONG THE NORm LINE OF SAID GOVERNMENT LOT 3. FOR 1907.82 FEET. TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00023'1 O"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE' POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. 1.1 I. u______·____ . Agenda Item No..8S April 12, 2005 Page 48 of 156 PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 soum. RANGE 25 EAST. COLLIER COUNTY. FLORIDA, EXCEPTING THEREFROM THE RIGHT -OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS V ANDERBIL T DRIVE) AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PAR11CULARL Y DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTII 1/2 OF THE NORTHEAST 114 OF SBCrION 16, TOWNSHIP 48 SOUTH, RANGE 2S EAST, COlLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGIIT -OF- WAY OF U.S. mGHW A Y 41 (ALSO KNOWN AS T AMIAMI TRAll..)_ PARCEL 7 THE EAST 112 OF THE NORTHEAST 1/4 OF SBCl10N 17. TOWNSHIP 48 SOUTH. RANGE 25 BAST. COLUER COUN1Y, FLORIDA, EXCEPTING TIlEREFROM THE SOUTHEAST 1/4 OF THE SOUTIIBAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT -OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE)_ PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELIcrION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION_ PARCEL' BEGINNING AT THE SOUIHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 2S BAST, COLUER COUNTY, FLORIDA, RUN N.89<'S4'20''W.. ALONG TIlE SOurH LINE OF SAID SECI10N 17, FOR 2839.52 FEET TO AN INTBRSECI10N WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF TIlE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.01 °30·05"&. ALONG SAID AGREED BOUNDARY LINB, FOR 1298.70 FEET (SHOWN IN ERROR ÁS 1300.00 FEET. IN O.R. BOOK 68. PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFrER CITED AS OFFICIAL RECORDS); 11IENCE RUN . N.300QO'OO''E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N_OSoOOOO"W.. ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENŒ RUN N.29°11'4Q''W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECI10N WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N_88°24'4Q"E. (SHOWN IN ERROR AS N.88~6'40''E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTIŒAST CORNER OF SAID SBCI10N 17; THENCE RUN S.O~7'30''E., ALONG THE EAST LINE OF SAID SECI10N 17, FOR 2690.04 FEET (SHOWN IN ERROR A:s 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0I>26'OO''E. (SHOWN IN ERROR AS S.oo26'OO"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECI10N 17, FOR 2584.65 FEET Tq THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) TIlE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTIlEAST 1/4 OF TIlE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN S~ID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE). AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF TIlE SOUTHEAST v.. 1.2 '-'-ì--" ...... -... ..,.... Agenda Item No. 88 April 12, 2005 Page 49 of 156 OF THE SOUTIlEAST 1/4 OF SEcrION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM TIlE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SBCI10N 17, RUN S.8~53118"W. FOR SO FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89°53118''W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNfY, FLORIDA; THENCE RUN S.41°11 '03"W. FOR 133.10 FEET. ALONG SAID BULKHEAD LINE; THENCE RUN S.oo06'421'E., FOR 120 FEET, THENCE RUN N.89°53'18''E., FOR 275.72 FEET. TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-86SA (V ANDERBll.. T DRIVE): THENCE RUN N.O~6'OO''W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELIcrION, AND LESS AND ACCEPT ANY LAND WST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SEcnON 17, TOWNSHIP 48 SOllIH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOlTl'HEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECl'ION 17. RUN N.B9°4O'SS"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1. PAGE 7. OF THE PUBUC RECORDS OF COILIER COUNTY, FLORIDA; THENCE RUN . N.O~6'00''W., FOR 100 FEET. ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40155"W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF TIlE SOunIEAST 1/4 OF SAID SECfION 17; THENCE RUN S.0~r41 ''E.. FOR 100.00 FEET. TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED TIlERETO BY ACCRETION OR RELICl'ION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEG1NNING AT THE SOUTHEAST CORNER OF SECITON 20, TOWNSInP 48 SOUTH, RANGE 2S EAST. COLLIER COUNTY. FLORIDA, RUN N.89°52'20''W., ALONG THE SOUTIl LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.OOO14'OO"W. FOR 1698.91 FEET; THENCE RUN N.54°471521'W., FOR 399.32 FEET. TO AN INTERSECTION W1TIf AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68. PAGES 235 TIIROUGH 250, OF THE PUBLIC RECORDS OF COLlJER COUNTY. FLORIDA; nœNCE RUN N.79°17'1<Y'E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; TIIENCE RUN N.02°59f30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68. PAGE 235); THENCE RuN N.27°15'20''W.. ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18Q44'30''W.. ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEIIT, THENCE RUN N.05°37150'W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTII LINE OF SECfION 20; THENCE RUN S.8go54'20"E., ALONG SAID NORTII LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECI10N 20; THENCE RUN S.02°12'00"E., ALONG THE 1.3 .----.'- ,--- ..' ,. Agenda Item No",8B April 12, 2005 Page 50 of 156 EAST LINE OF SAID SECI10N 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 FEET'IN O.R. BOOK 68, PAGE 235) TO TIiE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICI10N, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STA TB ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBll..L AVENUE). AND LESS AND ACCEJ7I'THE FOLLOWING DESCRIBE REAL PROPERTY: AlL OF WIGGINS PASS LANDINGS UNIT NO.1 ADDmON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF TIlE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At PAGE 44, OF THB PUBUC RECORDS OF COLLIER COUNTY. FLORIDA., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDmON; THENCE N.89°52'20''W. ALONG TIlE SOUTIIBRLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BmNG THE SOUTHEAST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.8!r'S2'20"W.. ALONG THE SOUTHERLY UNB OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1; 1HBNCE N.OOOI4J1OO"W., ALONG THE WBSTERL Y LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; TIlENCE N.34°2611S''E., ALONG SAID WESTERLY LINE. A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY UNE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENŒ N.87°48'OO"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3. BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.02°12'OO'E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°4800''E. A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02°12'00"8. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF Lar I;BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1. THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDmON; THENCE S.02°12'OO"B. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDmON. A DIST ANCB OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONT AlNS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDmON. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10. PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 1.4 I' -~~.--~-- Agenda Item. No. 88 April 12, 2005 Page 51 of 156 A PORTION OF LAND LOCATED IN THE EAST 112 OF SEcrION 20, TOWNSHIP 48 SOUTH, RANGE 2S EAST OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOu.oWS: COMMENCING AT THE SOUTIiEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SEcrION 20; THENCE N.02°12'OO"W., ALONG THE EASTERLY LINE OF SAID SOUfHEAST 1/4 A DISTANCE OF 1970.20 FEET; TIiENCE S.87°48'OO"W., A DISTANCE OF 50.00 FEET TO A POINT ON 1HE WESTERLY RIGHT-OF-WAY LINE OF V ANDERBIL T DRIVE, A 100.00 FOOT RlGlIT -OF-WAY AND TIIE NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS. UNIT NO.1, ACCORDING TO TIŒ PLAT nŒREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNfY. FLORIDA, TIiE SAME BEING 11Œ POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.8704800"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID WT 1; THENCE N.02°12'OO''W. A DISTANCE OF 163.77 FEET TO THE NOR1HEAST CORNER OF LOT 3. BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT ]; THENCE S.87°48'OO''W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1. A DISTANCE OF 1481.48 FEET; THENCE S.34°26'IS''W. ALONG THE NORTIIWESTERL Y LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACf B, BAKER-CARROLL POINT, ACCORDING TO TIlE PLAT THEREOF RECORDED IN PLAT BOOK 8. PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; . THENCE N.54°47'52''W.. ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN omCIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF TIlE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N. 79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.05°9'30''W., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27QlS'20''W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; TIlENCE N.87°48'OO"B., A DISTANCE OF 2472.71 FEET TO A POINT ON 11IE WESTERLY RIGlIT -OF-WAY LINE OF SAID VANDERBILT DRIVE; TIIENCE S.02°12'2S"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1.373.11 FEET; THENCE S_02°12'OO"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by AL. Dougherty Co. Inc., a Delaware Corporation. lA GENERAL DESCRIPTION OF PROPERTY AREA A. The Project sire is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach COUDty Park:, on the East by Tarpon Cove PUD and Wiggins Bay POD, on the South by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. . B. The zoning classification of the project prior to approval of this PUD document was . RSF-3 (3), RSF-3ST (3). RSF-4, RSF-4 (3), RMF-12ST (3), RMF-12 (3), RMF-6 ST(3). RMF-6(3), and A-ST. 1.S ..¡--.... .. .._~ ._'~------'"---"---_.'-----'" Agenda Item No. 88 Apríl 12, 2Ò05 Page 52 of 156 1.5 PHÝSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No.6. Drainage from the property will discharge into Cocohatchee Bay . B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the. restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area, however, faUs within the ) 0' to 11' foot elevation category. The site lies within F100d Zone AE (EL II ') and AE (EL 12') according to Finn Maps 120061-0191D, 01810, and 189D, dated June 3,1986. D. Sou types within the Project include Keri fme sand (approximately SMt), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived fi'om the SoU Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 e¡JO.IECT DESCRIPTION The Cocobatchec Bay PUD is a residential and golf course community with a maximum of 590 dwelling units. Recreational facilities including a golf course, clubhouse, maintenance facility. caddie quarters, and guest suites will be provided in conjunction with the dwelling units. Residentia1 and recreational land uses are designed to be hannoDÍous with one another in a natural setting by using common architectural themes, appropriatescrecning and buffering and open space. 1.7 SHORT TITLE This Ordinance sball be known and cited as the "COCOHA TŒIEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE-" 1.6 ·--r . - . ... .--.--'-- ._~---- Agenda Item No. 88 April 12, 2005 . Page. 53 of 156 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchec Bay shall be in accordance with the contents of the· Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Fmal Subdivision Plat, Final Site Development Plan, Excavation Pennit, and Preliminary WOIk Authorization, to which. such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all tcnns shaJl be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building pennit appJication. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in whìch the PUD site may be developed. D. Unless modified, waived or excepted by this POO, the provisions of the LOC, where applicable, remain in full force and effcct with respect to the development of the land which comprises this PUD. E. Development pennitted by the approval of this Petition will be subject to a concuuency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval. or building pennit issuance applicable to this Development. 2.1 '. -.¡-...-... -.. .---- ._- -- .'.' -......". -. ~- Agenda item No, 8B April 12, 2605 Page 54 of 156 2.3 DESCRIPTION OF PROJECT PLAN AND PROfOSED LAND USES A. The Project Master Planþ including land uses for the various tracts, is i11usttated by Exhibit "A," the PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities, golf course layout, roadway pattern, and dwelling unit size and configuration. COCOBATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY !JSE MAX. D.V. 's I Sqnare Footage ACRES Residential uRl" 480 44.00 +/- Residential uR2" 90 9.70 +/- Golf Course "OC" 20 110.39 +/. Open Space N/ A (Preserve. Lakes and Landscape Buffers) Total 590 308.00 +/- Total 532.09 +/- acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the , PUD, fmal plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A." the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shaH be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Rorida. 2.2 . . -----.-- ·--'1- , .- ..-...-- .- -..-..-..... . Agenda Item No. 88 April 12, 2005 Page 55 of 156 C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building pennit or other development order. D. The deve}opment of any tract or p81'CCl approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of constn1ction plans and a final plat fQr any portion of the tract or parcel. E. Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instnlments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL HOMES I SALES OFFICES Model homes. sales centers and other uses and structures related to the promotion and saJe of real estate such as, but not limited to. pavilions, viewing platforms. gazebos, parking areas, tents, and signs. shaU be pennitted principal uses throughout the Cocohatchee Bay PUD, subject to the requirementS of Section 2.6.33.4. of the Collier County Land Development Code and all other applicable sectiòns. Sales facilities will be permitted prior to final plat approval as provided in said Section 2.6.33.4. 2.6 AMENDMENTS TO PUB DOCUMENT OR PUD MASTER PLAN Amendments may be.made to the PUD as provided in the Collier County Land Development Code, Section 2.1.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality conunon area infrasttucture and maintenance under the tenns and conditions of County development approval. For those areas not maintained by the Master Association. the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetua1 maintenance of common facilities and open spaces. The Master or the property owners' association. as applicable. sha11 be responsible for the operation, maintenance, and management of the swface water and stonnwatef management systems. and reserves serving the Cocohatchee Bay PUD, together with any applicable pennits from the Florida Depart:ment of Environmental Protection. U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 -T--·-··· .. Agenda Item No. 88 April 12, 2bo5 Page 56 of 156 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large tracts of land under unified ownership or control. as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten· (1 0) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may. of course. change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shaJI be considered general pennitted uses throughout the Cocobatcbee Bay Community PUD except in the Preserve District. General pennitted uses are those uses whicb generally serve the Developer and residents of the Cocohatchec Bay PUD and are typically part of the common infrastructure or are considered community facilities. . A. General Permitted Uses: 1. Essential services as Set forth under the Collier County Land Development Code, Section 2.6.9.1. . 2. Watcr management facilities and related sttucturcs. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. S. Guardhouses, gatehouses. and access control struCtures. 6. Community and neighborhood parks, recr.eational facilities, community centers. 7. Temporary constrUction, sales. and administrative offices for the Developer and the Developer's authorized. contractors and consultants. including necessary access ways, parking areas and related uses. 8. Landscape features including. but not limited to. landscape buffers. berms, fences and walls which shaJI be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use wlùch is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 ---... . , Agenda Item No. 88 April 12, 2005 Page 57 of 156 B. Development Standards: Unless otherwise set forth in this document, the folloWing development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - F1fieen feet (15') except for guardhouses, gatehouses, and· access control structures which shall have no required setback. 2. . Setback from exterior property lines - One half (112) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures wlúch are part of an architecturaUy unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 1. Sidewalks, bikcpaths, and cartpatbs may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath. or cartpath. 8. Standards for parking. landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County . Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN-SPACES REQUIREMENTS The PUD Master Plan identifIes approximately 483 acres inc1uded in the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas equate to approximately 91 percent of the Project and fully satisfy the open-space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.5 ---I Agenda Item No. 88 April 12, 2bo5 . Page58 of 156 2.12 LANDSCAPING REQUIREMENTS A. A perimeter benn sball be constructed in confonnance with Section 2.4.4 of the Land Development Code. 1. Trees and shrubs shan be planted along the base of the benn so as to visually soften the appearance of the side of the berm. . 2. Ground cover on the side of be bem1 shall fonn a dense attractive mat, and sbaU not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs sha1l be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five feet (35') shall be developed along the Vanderbilt Drive frontage. Said landscape buffer OD the west side of Vandcrbilt Drive shall include development features that impede the view of high rise residential structures from Vanderbilt Drive. 2.6 ~- Agenda Item No. 88 April 12, 2005 Page 59 of 156 SECTION In RESIDENTIAL "R,t DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A," the PUD Master Plan as "Rl" and ~'R2" .. 3.2 MAXIMUM DWELUNG UNITS The maximum number of dwelling units pennitted within the PUD is 590.· The subject property contains a gross acreage of 532.09 +/- acres and base density of 1. J Jdwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as ··R I" and "R2" on the PUD Master Plan are designed to accommodate high-rise residentiaJ dweUing unit typeS, multi-family dwellings, adult living facilities, . compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreages arc indicated on the PUD Master Plan. These acreages are based on .conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively. of the Collier County Land Development Code. Residential tracts arc designed to accommodate: internal roadways, open spaces, pades and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses 1. Multiple~family dwelIings. 2. Guest suites and cabanas. 3. Any other principal use which is comparable in nature with the foregoing uses and which the PJanning Services Department Director determines to be compatible in the '·R J" and ·'R2" Districts. 3.] .~-- .-- -.---- ....---.-,.....- .-- Agenda Item NO'Õ8B April 12, 2 05 Page 60 of 156 B. Accessory Uses 1. Uses and structures customarily associated with principal uses permjtted. 2. Recreaûonal uses such as, but not limited to, clubhouse, fitness center, bcalth spa, tennis courts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature ,with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R I" and ''R2'' Districts. . 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential Districts. B. Standards for parking, landscaping, signs ,and other land uses where such standards aœ not specified herein or within the Cocobatchcc Bay PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Off-street parking required for muld-famiJy uses shall be accessed by parking aisles or driveways which arc separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. D. In IbC event the Developer builds the multiple family housing placed in the ~a between Tarpon Cove and Falling Waters, a minimum of 30 percent of the multiple family housing shall be offered to employees of the golf course with purchase price or rental rates consistent with traditionally accepted housing costs to income ratios. 3.2 ..~. ø ,. _. .,. . - -- .-- .-.---- Agenda Item No. 88 April 12, 2005 Page 61 of156 DEVEWPMENT STANDARDS "KI" "R2" mGH-RISE MULTI-FAMILY Multj- Family DwelUDgI MlDlmum Lot Area NlA 1 Acre Minimum Lot Width N/A NIA Front Vard· IDteraal Road *J 0.5 BH not less 0.5 BH not less than 25 feet than 25 feet Front Yard . Accessory Bldg. 0.5 BH not less 0.5 BH oot Jess Indudlng Parking Structure than 25 feet than 2S feet Front Yard - Vaø.dernUt Drive DH N/A Front YanI . Accessory Bldg. SO NJA Side Yard 0.5 BB IS Rear Yard PrIncipal O.SBH 15 Rear Yard Acœssory IS 10 Maximum Bldg Height 20 stories for a tnaXimwn 35 beight of 200 feet *2 Distance Between Prillclpal StnJdures 0.5 SBH *3 0.5 DR Dot less Ihan 15 feet F100r Area Min. (S.F.) 1800 SF 1200 SF COCOHATCBEE BAY COMMUNJ1Y DEVELOPMENT STANDÀRDS FOR TABLE I .BJf: (Building Height): Building height shall be the Yertlcll distance mClSllRd from the first habitable finished floor elevation 10 the uppermost f"mÏJhed c:citinl elevalion oCthc stnICIun:. ~ (Sum of Building HIri¡ht): Combined hc:ight oC two adjacent buildings for tM PUlJIOIC& of dctemúning ICtblck requirements. All distInces aæ in fect UDJess odlClwise IIOtCd. *1 Front yards shaD be measured IS follows: A. If the parcel is served by a public righto()f·way. setback is measured from the adjaœDt rlJht-of-way line. B. If Ibe pucel is sezved by a private road. setback is measured from !he back of curb (It c:urbcd) or edge of pavement (if not curbed). *2 Building height for the north property line adjacent to Arbor 'fnIçc in the "R '" Inlet shan be IS stories for a. muÌØlum height of ISO feet. *3 Where baildings with a common architectural theme are angled, skewed or offset from one another. and walls are not parallel to one: another, the setbacks can be adminislradvcly reduced. 3.3 Agenda Item No.18B April 12, 2005 Page 62 of 156 SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1. PURPOSE Tbe purpose of this Section is to set forth the uses pennitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthCûca11y pleasing open areas. golf course and recreational facilities. Except in areás authorized for Development. all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUcruRES No buiJding or structure. or part thereof, shall be erected, altered or used, or land or water used. in whole or in part, for other than the following: A. Pennitted Principal Uses and Structures 1. Golf courses and golf club facilities, caddie quarters, clubhouse. guest suites. including temporary golf clubhouses. 2. Project infonnation and sales centers. 3. Community and golf course maintenance areas, maintcnanoe builcHDgs, essential services. irrigadon water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilties and pump buildings, utility and maintenance staff offices. 4. Any other principal use which is comparable in natUre with the foœgoing DSCS and . which the Planning Services Department Director detcJmines to be compatible. B. Permitted Accessory Uses and Structliies _ . 1. Accessory uses and structures customarily associated with the principal uses pennitted in this District. 2. Pro-shops. practice areas and ranges. golf cart barns. rest rooms. shelters, snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel. such as. but not limited to, golf, tennis. and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 4.1 - ---'-·'----1 . --. Agenda Item No. 88 April 12, 2005 Page 63 of 156 5. Shuffleboard courts, tennis courts. health spas, swimming pools, and aU other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other accessory use which is comparable in natUre with the foregoing uses and which the Planning Services Departmcnt Director detennines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries. B. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course District boundaries and private roads, and twenty feet (20') from a11 PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which win protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. . Principal Structures - 2 stories for a maximum height of 20 feet. 2. Accessory Structures - 1 story for a maximum height of IS feet. E. Minimum distance between principal structures - Ten feet (J 0'). F. Parking for the community center/clubhouse shaH be three spaces per every one thousand (1.000) square feet of gross floor area, which shaU be considered inclusive of the required golf course parking, provided the golf course and recreational facilities are private. . otherwise, applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shaU be located a minimum of 1750 linear feet west of U.S. 41. H. Standards for parking. landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Deve30pment Plan approval. Unless otherwise indicated, required yards, heights, and tloor area standards apply to principal structures. 4.2 Agenda Item No',. 88 April 12, 2005 Page 64 of 156 SECTION V PRESERVE "P" DISTRICT 5.1 PURPOSE The purpose of this Section is to identify pennitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District. S.2 GENERAL DESCRIPTION .Areas designated as. Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for rcstolation and enhancement of impacted or dcgfadcd wetland systems. and to provide an open space amenity for the enjoyment of Cocobatchee Bay Community residents. ' S.3 USES PERMITTED No building or struc.tm:e or part thereof, shall be erected altered or used, or land used. in whole or in part, for other than the following: A. Principal Uses 1. Passive parks, passive recreational areas, boaniwalks. 2. Biking. biking, and nature trails. 3. Golf cart paths are pennitted in the preserve areas outside the limits of the bald eagle primary zone. 4. Wildlife sanctuary. 5. Pathways and or bridges. 6. Recreational shelters. in Preserve upland areas. 7. Drainage and water management facilities as may be required by SFWMD. 8. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 Agenda Item No. 8S April 12, 2005 Page 65 of 156 5.4 DEVELOPMENT STANDARDS A. Setback requirements for aU structures shan be in accordance with Section 3.2.8.4.7.3. of the Collier County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 2S foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. . Further the plat shall require that no alteration, including accessory structures, fill placement. grading, plant alteration or removal. or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be pennittcd within ten feet of the preseIVC boundary. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). E. Standards for parking, landscaping, signs and other land uses where such standards are . not specified herein are to be in accordance with the Comer County Land Development Code in effect at the time of Site Development Plan approval. Un1ess otherwise indicated. required yards, heights. and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICf CONSERV ATJON EASEMENT A non-exclusive conservation casement or tract is required by Collier County Land Development Code, Section 3.2.8.4.7.3. for 1aDds included in the Preserve District. In addition to Collier County. a non~xclusive conservation casement may also be required by other regulatory agencies with jurisdiction over PreselVc District lands. In addition to complying with provisions of the Collier County Land Deve10pment Code. said easement sball be provided in accordance with the tenns set forth in any applicable pcnnit granted by other agencies. Tbe Developer, its successor(s) or assigns, including the Master Property Owners'. Association sball be fCsponsible for control and maintenance of lands within the Preserve District. 5.2 -'-l-' ...~----_.. ----,....--.-- -..-.--... -'..-._~- --. ---' - Agenda Item No..8S Apríl12.2005 Page 66 of 156 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of' the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with fmal site development plans, fina] subdivision plats. and aU applicable State and loca1laws, codes, and regulations applicable to this PUD. Except where specificaUy noted or stated otherwise, the standards and specifications of the Land DeveJopment Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be a~ to in the rezoning of the property. In addition, any successor or assignee in title, is bound by the commitments within this agreement. 6.3 PUD MASTER PLAN " A. Exhibit "A. " the PUD Master PIan.. illustrates the proposed development and is conceptuaJ in nature. Proposed tract, lot or land use boundaries or specia1land use boundaries," shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5. of the Land Development Code, PUD amendments may be made from time to time. B. All necessary casements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities "and all common areas in the Project. " C. The following shall be considered minor changes and refinements, subject to the limitationS of POO, Section 6.3A: 1. Reconfiguration of preserve areas. jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. 2. Recontiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preselVe areas. 3. Reconfiguration of golf course envelopes and design features where there is no "encroachment into preselVc areas. " 6.1 ~ ----------------. ------- - . Agenda Item No. 88 April 12, 2005 Page 67 of 156 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguratåon of residential parcels when there is no encroachment into preserve areas. 6A SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 2000I2001. Marketing of commercial and residential sites and golf course memberships are to begin in calendar year 2000, and are expected to be concJuded in calendar year 2010. B. Monitoring Report: An "annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. C. The Cocobatchee Bay PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 6.5 POLUNG PLACES Pursuant to Section 2.6.30. of the Land Development Code, provision shan be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, that such common facilities may be used for an electora1 polling place if determined to be necessary by the Supervisor of Ejections. 6.6 . SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Sidewalks I bike paths sball confonn with Subsection 3.2.8.3.17. of the LOC. Due to the environmental issues on this Project iInpacts areto be minimized. B. Private streets shall confonn with the right-of-way width requirements of Subsection 3.2.8.4.16.5. oftbe LDC except as follows: 1. Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum fifty foot (50') right-of.:-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 6.2 ------1·'" .. .~ --.-.-.... ._._--~-. ·----...---.-- - Agenda Item No.,88 April 12, 2005 Page 68 of 156 3. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. of the Land Development Code. 4. Street grades may exceed fOOf percent (4%) under Subsection 3.2.8.4.16.14. of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FOOT MUMS) and AASHTO criteria are met. S. LDC Subsection 3.2.8.3.19.: The standard that street name markers shall be approved by the Development Services Director and confonn with the FlOOda Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Deviccs arc waived. The requirements for street pavement painting, striping and reflective edging of the main road system will be waived. Traffic circulation signage shaU be in conformance with Florida . Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Deviccs standards. 6. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads shall be 30 feet with the exception of both entrance road intersections which shall be 40 feet. 6.7 TRANSPORTATION A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signalš necessary at Project accesses when deemed warranted by the County Engineer. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, EastIWest Uvingston Road. and/or Wiggins Pass Road rights-of-way if such improvements conflict with or negatively impact public roadway, drainage. or uû1ity facilities p1anned as part of future four-Ianing construction. C. The Developer shall provide additional right-of-way in fee simple titJe, when necessary, alo~g the PUD frontage to Vanderbilt Drive. Addiûonal right-of-way is required in varying widths from 10 feet to 2S feet on both sides of Vanderbilt Drive as shown on the final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway. drainage, and public utility improvements. The ~ght-of-way conveyance shall occur at the time requested by the County. 6.3 --r- .--. . ~ . ... .... . Agenda Item No. 88 April 12, 2005 Page 69 of 156 D. The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of-way and accordingly will not be subject to road impact fee credits. The final four-lane design plans prepared for Collier County by Johnson Engineering. Inc. do not show required right-of-way for right turn lanes for this PUD, but the right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shaIl occur at the time requested by the County. E. The Developer shall provide the additional 10 feet of right-of-way in fee simple title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional right-of-way is required in varying widths òn the north side of Wiggins Pass Road as shown on the (mal four-lane design plans prepared for Collier County by JohnsOn Engineering, Inc. Such required right-of-way along Wiggins Pass Road shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-oC-way conveyance shall occur at the time requested by the County. F. The Developer shall provide additional right-of-way in fee simple title, when necessmy, along the PUD's north boundary for future EastIWest Livingston Road between Vanderbilt Drive and U.s. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.S feet of right-of-way along its southern property line for the future East/West Livingston Road. 100 feet of right-of-way along the northern property line for future EastIWest Uvingston Road shall be dedicated to the County. Such required right-of-way shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall compensate the Developer for the right-of-way based on profcssionalland appraisals of the fair market value based on its value prior to approval of the PUD. The right-of-way conveyance shall occur at the time requested by the county. G. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project (this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four-lane expansion project, the DeveJoper shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. 6.4 ~... ..-' ~_._-_._--.,.. Agenda ltern No.. 88 April 12, 2005 Page 70 of 156 H. The Developer shall meet the stormwater attenuation and water quality requirements for the future EastIW est Livingston Road between VandcrbUt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stonnwater commitments from EastIWest Livingston Road along the Project property line in the form ofwatcr quantity. Water quality will be handled within the 167.5' right-of-way reservation. 1. The Developer shall design noisc mitigation/abatement systems in accordance with the Collier County Land Development Code. J. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbi1t Drive, the Developer shall bear the fuU cost for the access and appropriate turn lanes. 6.8 UTILITIES The development of this PUD Mastcri"trm"Sba11 be subject to and governed-by the following conditions: A. Watcr distribution, sewage collection and transmission lines to serve the Project are to be designed. constructed. conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities. the fonowing features shaH be ìncorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the DeveJoper during the design pbase of the Project. 6.5 -----r-- . . ...*--_. I , Agenda Item No. 88 April 12, 2005 Page 71 of 156 D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all cuaent requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. An water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the project development by . the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility casements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. G. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 6.6 ..__-¡ 0 '.0. _ '0. I . Agenda Item No.. 88 April 12, 2005 Page 72 of 156 6.9 ENVIRONMENTAL The development of this PUD Master Plan shaI1 be subject to and governed by the following conditions: A. . Environmental pennitting shall be in accordance with the State of HOOda Environmental Resource Pennit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Comer County jurisdictional wetlands. B. AU conservation areas shall be designated as conservation/preservation tracts or easements on aU construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3. of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Enviromnental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring. and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the U.s. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Wbece protected species are observed on sitè, a Habitat Management Plan for those protected species shall be submitted to Planning Services Section staff for review and approval prior to final site plan/construction plan approval. A Bald Eagle Management Plan and a Gopher Tortoise Management Plan are required for this site. F. Any amendment to the Bald Eagle Management Plan shall require review of the Environmental Advisory CounciJ or any successor body. 6.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No constrUction penniEs shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services. B. Design and construction of all improvements shaH be subject to compliance with all applicable provisions of the Collier County Land Deve10pment Code. 6.7 -r------- -- __~·..._'.._._n'__. _ Agenda Item No. 88 April 12, 2005 Page 73 of 156 C. The Developer. its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation pennit shall be required for the proposed lakes in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 6.12 mSTORICAL AND ARCHAEOLOGICAL Pursuant to Section 2.2.25.8.1. of the Land Development Code. if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found. all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13· ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, traílers. marketing facilities, contractors storage and office facilities and the like, may be erected and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.8 .---;--.. . Agenda Itém No) 88 April 12, 2005 Page 74 of 156 6.14 SIGNS 1. General A. All County sign regulations sball apply un1ess such regulations are in conflict with the conditions set forth in this Section. B. For the purpose of this PUD Document/Ordinance, el:lCh platted parcel shall be considered a separate parcel of land and shall be entitled to signs as pennitted herein. c. Should any of the signs be requested to be pJaced within the public rights-of-way, a right-of-way permit must be applied for and approved. D. . All signs shall be located so as not to cause sight distance problems. 2; Entrance Siens A. Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shaI1 be permitted at eacb entrance to the Development. B. EntranCC signs shall not exceed a height of fifteen (1 S) feet above the lowest centerline grade of the nearest public or private right-of-way to the upPermost portion of the sign structure. C.. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 3. Project Si~ A. Project signs. deSigned to promote the COcohatchec Bay Project, or any major use within the Project shall be pennitted along the cast ~ide of CR 901, the north side .. of CR 888, the south side of Uvingston Road Extension and on aliland traCts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twènty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. - 2) A maximum of four (4) project signs shall be pennitted. Two (2) signs shall be located along the CR 901 frontage, one (1) shall be located along the Livingston Road Extension frontage. and one (1) shall be locatc.d along the CR 888 frontage. . 6.9 ---. .._-- .."..,-,--""., Agenda Item No. 88 April 12, 2005 Page 75 of 156 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences. 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Land Development Code. If it is demonstrated that fill activiûes on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shan be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation pennit is received. B. All other provisions of said Division 3.5 are applicable. 6.10 ----.-----.-.--- .- ~------._-_. ..___._0'. ~DI G® ® ill ~~ 1m ~ II I I ~s ~ ~ '" I - t;; '" ð Q tj ~ g~ !! u ~ ~ ~ ~ )" " :::I .@ I ~ ~ ~ j ~ ~ EXHIBIT I II" t'i ..1 III .. .. ..........:.:.:.... .. ....:.:.:.:.:.:.:.:.:.:::.:.:.:... . . .............................. /I......... ,...:.: ::::: :::::: ::::: :::: ::::: :::: ::::::::: ::: ::::. ........................................,...... .... .. :. :.:.:..:..:..:.:..:..:.:.:..:. :.:.:.: .:.:..:. :.:.:. :':.:'. ......................................... ................. . ........................................ ............... ........................................'L..-~............... :::::::::::: ::: :::::::::.:.. :.::: :::::: ::,,: ::::::: :::: ::::... .:.:.:.:.:.:.:.:.:.:.: .. I. .':-:.:.:J':-:':.:-:-:':-:- :.:.:.:.:.:.:.:.:.:.:. :~. :.:.:.:. :.:.:.:.:.:.:.:. :::::::::::::::::::::=:.,..' .':::::::::: :::: :::::::::::: .::::::::::::::::::::%:::::::::::::::::: :::::::::::::::::. . . . . . . . . . . . . . .. ·.·.·e·.·. ..............". :::::::::::::::::::::::::::::::.:.:. :.:.:.:........ .... .:.:.:.:.:.:::::::::::::: :::::::::::::::::. ::::::::::;:.:::::::::::::::::::::::::::. . :':'.':'::."::.:.:.:.:.:.:.:.:.:.:.: .:.:'. .::::::::.:::.:.:.:.:.:.:.:.:.:.:.:.:,11 : :::::::::::::::::::::. :.:.:.:.:.: .:.: I "A ~~ ,u ... COCOHA.TCBEE BAY PUD MASTER PIAN (FUI'UJI.E CONDmoN) '\/ ' ll-~ t." _.7 VANASSE A DI.YLOR A_____ -- - ........ .. -- lMn: DlJ-21-DO REv.: "-(J6-DO SCALE:: N.T.s. PROJECT NO.: 80205 AC4D NO. II0205-PUl:JItI. r gOI !~ G·@CD ~I ~ il ¡ ~ ¡~ ~m !"i ~ ~ - ~! I )0. ~ (110 C1 ~~ .... ),.Q .tt ),. ~ ~~ § ~ -a 2 Þ) ~ ~ "- ~ I =r ~ 'W i I Fi "< ~ 1'1\ I ~~~ 11'1 Iii I . ~-- aell i i III I . ~~~ ....-____~_J ~~lìi ~:.::. I ;õ....~ ~~:e ~ ~ ~~Z ~~~ R ~ , PI EXHIBIT "B J \ \ ~ ¡II . .. . . . . . .. . . . . ..:-:.:.:.:.:.:.:.:.:::.:.:-, . ........................... ......... . .-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. :::::::::::::::::::::::::::::::::::::::::II!"'::::::::.... ...................."................... ............ ..............................,.......... ........... I, I . . . . . . . ........................ .....,.....:-.. ................. . .. ,., . . . . . . . . . . . .. ::::::::::::::::::::::::::::::::::::::::~:::::::::::::::. ::::::::::::::::::::::" . "':':::::::::'1' -:::::::=:::::::~ :::::::::::::::::;:::: .::;. .:::::::: :::;:::::::::::: :::.:.:.:.:.:.:.:.:..:.:.... .-:':':':':' :::.:::.:.:.:.:. .:.:.:. :.:.:.:.:.:.:.:.:.: .:.:.:.:.:.:.: '.':'.':':':':':'" . . . .. . . . . . . . . ..... .....".. ....'...........~ ::::::::::::::::::::::::::.:.:::.:.:.:.:...:.:.:.:.:.:.... :::::::::::::::::::::::::::: ::::::::::::::~ . .........,...........,.... . . . . .. . . . :':':':':':':':':':':":':::-::::::::':'::' ...... .........:.:.:.:.:..-:........ ':',,'. :::::::::::::::::::::::::::::::::::::: :.:.:.:.:..:..:.: .:.: .:.:..... ......".1. COCOHAT\;H.i!Z BAY PUD MASTER. PIAN WITH UGLE ZONE 0 ~\ 7' fr I _-) VANASSE a BAYLOR ------ -..- ___ft_ lMJ'l': 08-29-00 REV: U-08-OO SCALE: N. r.s. PROJECT" NO.: 80205 AOØ NO. B0205-PUDUP ~-_._... ._---------.-..-.... ----- ~ ..--,_..._-~--_...._...,,_.. -. Agenda Item No. 88 April 12, 2005 Bald Eag" Hqbiúd M~;¡,p,¡;J pÍìJ. COCOHATCHEE Sections 8. 16. 17. & 20, Township 48 S. Range 25 E. Collier County. Turrell & Associates, Ino. August 2000 4.0 Bald Eagle (Hal/aeetuB leucocephalus IeuCOCÐphalus) 4.1 Occurrence on Site An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site ptan I preserve map. According to FFWCC records, the site has been active for at least the last 7 years with nest being constructed in two different trees. The current nest was constructed in 1995 and the original nest tree was cut down in 1997. the nest had already fallen. The parent birds fledged one hatchling in 1998-99 and two young during the survey period. The nest is located in a . dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small sawgrass marsh area and the bay forest I mangrove swamp. The birds have an open view to the water over the tops of the mangroves to the west Almost all of the established trees between the nest tree and Vanderbilt Drive have died, mostly due to a fire that occurred on the property several years ago so the birds also have a relatively unobstructed view of Vanderbilt Drive. Due to the condition of the tree, It is not expected that the eagles will continue to use the nest more than a couple of more years at the most. It is more likely that a storm with heavy winds will either des1roy the tree supporting the nest, or destroy the nest itself. It Is not clear where the eagles will try to construct a new nest if this occurs. Specific observations were made during the past two nesting seasons to note flight patterns and feeding behavior aroÜnd the nest. These observations showed that flights into and out of the nest were predominately to the south and south-west from the nest tree. Several other dead pines around the nest served as perches for the parents during the nesting season. An effort was made by the parent birds to construct a new nest adjacent to the existing marina early in the '99-'00 season. however, these efforts were unsuccessful. 2.2 Biology and Habitat Requirements The bald eagle is the largest raptor that breeds on the peninsula of· Florida, with a wingspan of about seven feet. Body plumage Is dark brown with the head and tall a distinctive while. Juveniles are brown-black and fully develop the white head and tail by the age of five or six. Eagles typically nest close to water with their diet comprised mainly of fish but supplemented with a variety of vertebrates Including birds and turtles. Thus nests must provide prey opportunities In the vicinity, good visibility and a clear flight path. Nest laying begins in early fall and the cone shaped nests can be 6 feet 1 _.~...__. I . - u__. ____0.__ .. . Agenda Item No. 88 Bald Eagk HabIJiJt ~.~f!I Sections 8,16,17, & 20, Township 48 S, Range 25 E, Collier County. TurreD& AssocIates, Inc. August 2000 across and 6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress trees are chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 6 weeks after this. Most of Rorida's eagle pairs are year round residents while the young are migratory. In addition to the nesting tree, diurnal perch sites are an Important part of the eagle's territory, when, during the non-nestlng season, perching may take up 74-83% of the day (FWS). Selection is similarly based on how much prey is available in the vicinity and how well the bird can see it, thus perch sites are typically trees bordered by an open area such as river or lake banks. As a top predator eagles are wlnerable to the build up of contaminants in the food chain. Population size was severely affected by the use of the pesticide DDT (now banned), which reduced reproductive success by thinning eggshells, lead and mercury poisoning are on-going concerns. . Multiple disturbances by humans of nesting birds has been shown to lead ultimately to nest abandonment. Spatial and temporal Isolation from the nest site and feeding areas are components of species management plans. Given the general requirements for the ecological. success of the eagle, an overview of how development on the project site will allow continued habitation is provided below. 4.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of a golf course only with an option to conduct future residential construction should the site conditions or management techniques change to allow it. It should be noted that existing flight paths are predominantly to the south and south-west and a far greater area of preserve extends from the nest tree to the west, keeping the site in a simOar configuration to how it is currentlY utilized by the birds. The main foraging area is the Wiggins Pass estuarine system which is designated as Outstanding Florida Waters, 280 acres of whic~ will be deeded by conservation easement to the South Florida Water Management District preserving this habitat in perpetuity. 2 -.... .., -- ---" ...-....----.,.-.- - ...-.-.- Agenda Item No~ 8S April 12, 2005 SaW Billie Httbitill Mf,r.ijf.JÀ~g p~ . . COCOHA TCH~~ SectIons 8, 16,17, & 20, Township 48 S, Range 25 Eo Comer County. Turrell & Associates, Inc. August 2000 The Habitat Management GuldelJnes outlined In the Recovery Plan for the Southeastern States Bald Eagle caU for a primary protection zone, except under unusual circumstances, extending 750 to 1500 feet outward from the nest tree. The precise distance being dependent upon the proximal and spatial configuration of critical elements such as the nest tree, feeding area, and roost trees. No residential, commercial, or industrial development, logging or mining should occur within this zone. The site plan for the golf course as proposed projects into the 750 foot primary zone to the east of the nest tree. It is not anticipated that this will adversely affect the eagles because of the existing clroomstances of the site. There are no existing IMng trees within this area and the birds currently have a relatively unobstructed view of Vanderbilt Drive. The golf course would remove some of the dead snags left in the area but observations over the past two years have shown that these snags are not utilized by the birds for roosting or perching. Also, flight paths into and out of the nesting area were In the opposite direction and not over the area proposed to be impacted. A screen of living vegetation will be planted between the golf course and the nest site to block views and sounds of the golfers from the nest This action would result in a buffer of approximately 530 feet to the east of the nest A buffer of 750' would be maintained to the south and north of the nest, and no Impacts are proposed to the west between the tree and the Gulf of Mexico. To minimize disturbance during the important nesting period, a greater buffer zone of 1500' In radius will be established and maintained during site construction activities. No construction activities will take place within the 1500-foot zone during the nesting period which runs from October 1 through May 15. Incorporated throughout the site is an educàtlon plan consisting of signs and posters located at golf hole tees, with information and pictures of the habitats and species locat~d in the vicinity of each hole. In this way players and residents will gain knowledge and an appreciation of the system as they progress through the course. The eagle will be highlighted at the appropriate location with details on the species biology, ecology and conservation status. 3 ------. .- ~- .._~- .--- -_._- ;¡ \ Agenda Item No. 88 April 12, 2005 Decem&&r¡.e .f2~~ði.o Office, I own one piece of property in the - in the area that is being discussed right now, one amongst a thousand. r don't stand to benefit any more than the next guy. Possibly the same as. No more than. . Yes, rve been very involved in the community, always for the betterment of it, love people to come out and help me pick up garbage next time we do it, but I don't feel I have a conflict in any way, so I will vote yes for It. CHAIRMAN CARTER: Okay. All in favor, signify by saying aye. Opposed, same sign? (No response.) - CHAIRMAN CARTER: Motion carries flve-oh. COMMISSIONER MAC'KIE: I just have to say, Donna, if you conflicted out every issue that you've worked hard on as a c~mmunity activist, you1re not going to be very busy up here. COMMISSIONER FIALA: I could never vote. CHAIRMAN CARTER: This commission will be In recess until 3:15. (Recess was taken.) Item #12B1 ORDINANCE 2000-88, RE PETITION PUD-99-28, KAREN BISHOP OF PMS, INC., OF NAPLES REPRESENTING VANDERBILT PARTNERS II, LTD., REQUESTING A REZONE FROM RSF-3(3}, A(ST}, RMF-6ST(3}, RMF-6(3), RFM-12ST(3}, RSF..3, RSF-3ST, RSF- 4(3}, AND RSF..4, TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING UNITS AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE AND CLUBHOUSE FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD AND VANDERBILT DRIVE, CONSISTING OF 532+/- ACRES - ADOPTED CHAIRMAN CARTER: 1111 recall the meeting. We're now at 12B-1. The Cocohatchee PUD for a maximum of 590 residential dwelling units, recreational facilities, etc. This is PUD 99-28. Mr. Nino. MR. NINO: We need to take them. CHAIRMAN CARTER: Everybody needs to be swornthatls Page 135 - Y. Agenda Item No. 88 April 12, 2005 Decem6'tiílefj,D2ÎfÖO going to participate in this. (The speakers were sworn.) MR. NINO: For the record, my name is Ron -- CHAIRMAN CARTER: Um, before you do that, Mr. Nino. I do have to get disclosures from the board. I will start with my right, Mr. Coletta. COMMISSIONER COLETTA: Yes. I did talk to the developer about this. COMMISSIONER FIALA: Yes. I did talk to the developer and Karen Bishop. CHAIRMAN CARTER: I have spoken with the developer. I have met with neighborhood groups, Including an original meeting at St. .John's public meeting back in September where we took a look at everything going on in the community. I have had e-mails and letters and phone conversations with members of the community. COMMISSIONER MAC'KIE: And I would Just like to say months, if not a year ago, I talked to the developer's representative, and met with -- I think this Is the one that I meet with Barbara to talk about the flow-way issue and the restoration of some flow-ways. And I don't think I've ever talked to anybody about this project. COMMISSIONER HENNING: I haven't spoken to anybody on this issue since I've been commissioner elect. CHAIRMAN CARTER: Thank you. Thank you. Mr. Nino. MR. NINO: For the record, my name's Ron Nino with development services. The parcel of land before you today is a very large piece of land, 532 acres, with a very Irregular boundary, to say the least. It's illustrated on this map on the wall here. You'll note that starting from the south, It Immediately abuts the Dunes PUD, which is board approved about a month ago. And it abuts a large portion of the Dunes, which is actually a preserve area, and will continue that preserve area up and around this island of development that is like a hole in the donut here, which includes the Cocohatchee Park, the Pelican Isle high-rise condominiums and boat club, Marina Bay high-rise structure and boating facilities and the relatively low-rise condominium called the Anchorage, and Wiggins Pass Marina Is the most northerly land use that abuts this property. This then continues further north to the south boundary of Arbor Trace. Page 136 Agenda Item No. 88 April 12, 2005 Decem~Wf"2~f2òbo Arbor Trace is a low-rise community adjacent to Vanderbilt Drive. However, In the very western end of it, It is now being" capped off with a is-story high-rise structure. And we continue on i·nto a vacant parcel of land that continues all the way out, to Tamlami Trail, 41. This parcel of land is about three hundred feet wide here. It abuts, it circumscribes the Tarpon Cove development, which isn't too hard to measure, Is a two-story condominium type product. And to the north is the Falling Waters Beach Resort, again, which is a two-story condominium product. It's Important to appreciate the -- that the land that we're dealings with Is by and large totally zoned for residential use. It has multi-family zoning districts. It has a single-family zoning district. It does have a small amount of agricultural %onlng. The petition that's before you purports to request 590 residential dwelling units of a multi-family nature, and largely in high-rise structures. If it were not - if it were not for that fact- if it were not for that fact that this PUD was really seeking high-rise towers, this petition wouldn't be necessary to develop the land. And given -- given the allowable density by virtue of those underlying zoning districts currently, one could build far more than 590 dwelling units on this property. If you apply the mathematics; I.e., three times the growth acreage, you could - you would come up with something like 1,700 acres. But given 1,700 dwellings units (sic), but quite frankly given the environmental sensitivities of the land, you could not achieve that In a two-story structure. However, I can assure you that they could achieve substantially more than the 590 dwelling units they are requesting. But when we look at those numbers, that -- and traffic impacts, we must appreciate, based on what additional impact will result from the rezoning of the land, given the fact that the underlying zoning allows for more units than they're requesting. Under our growth management traffic circulation element there is no traffic impact. I think it's important that we appreciate that. Under the growth management plan there is no traffic impact, therefore, this petition is consistent with the traffic circulation element of the growth management plan. It is consistent with the future land use element, because the future land use element says that residential is a desired use and the future land element does not have any limitations on whether -- as to height. The future land Page 137 Agenda Item No. 813 April 12, 2005 Decemlfê~~,ü2ööo use plan is neutral as to the height of residential structures. This property in Its proposed development pattern will commit 90 percent of the area to either open space - a combination of open space and preserves. And that is substantially more than the 60 percent that is required under -. under the conservation coastal management element of the growth management plan. It has all infrastructure available to it, and, therefore, It is consistent with the infrastructure elements that deal with sewer and water and storm drainage. I can assure you that this petition that's presented to you is consistent with all of the required elements of the growth management plan. Therefore, what do we have left? Well, we have issues of compatibility, by and large we have issues of compatibility and timing. And I've already addressed the timing factor. Obviously, this land Is ripe for development. It's In the heart of the urbanizing portion of Collier County. It's urbanized entirely around it, so the Issue of timing is really not an issue. So it becomes the issue of compatibility. This PUD proposes to build residential structures In two locations on the master plan. That plan really does it much better, but essentially thePUD would purport to build high rises in there and low rises over there. Low·rlse, we have low-rise, essentially the same housing product, and out of sight. I don't think anybody could argue that. Therefore, that is not compatible.· Over here we have a 1S-story high-rise. We have 1 a-story high rise. The first building Is to be limited to 15 stories. The next four buildings Jump up to 20 stories. When we deal with the issue of compatibility, some of you know that I've said many times before, there is nothing inherently bad or good in height. That Is a purely subjective issue. There's nö1hing In planning literature and urban design theory that says heights of buildings are bad. And most planners would be therefore very neutral to that issue. A comparison form of development would, in the opinion of your staff, would obviously -- which is possible; i.e., a single-family, multi-family development, would take the form of - I suggest to you Glen Eden on the Bay. If you've driven up Vanderbilt Drive you'll note about 100 acres of absolutely cleared land, which is going to be filled with one and two-story single-family rooftops. That form of development repeated over the buildable sections of this Page 138 Agenda Item No. 88 April 12, 2005 Page B.5 of 1.56. December 12, 2000 property would literally destroy a substantial amount of green space that this proposal offers. This proposal offers 15 units, a golf -- a golf course of 15, 15 fair -- 15 fairways on the east side, and three fairways on the west side. The high-rise $tructures will actually be six, seven, 900 feet back from Vanderbilt Drive. So in terms of environmental sensitivity, I think we have to come down solidly on this plan being far more environmentally friendly than any alternative development and single-family or low-rise multiple family housing. The arguments you might hear here today, again, include the same question that you dealt with at the Dunes PUD. A large portion of the acreage is submerged lands. And the question of ownership will come forward I'm sure today. And we responded to that question at the Dunes. I would imagine the same legal opinions could be carried forward to this petition indeed. They own the fee to the land and, therefore, it's part of the gross acreage and Collier County bases Its density on gross acreage irrespective of whether the land is submerged or not. However, in the context of this petition, that question is entirely academic because the amount of dwelling units that they're requesting, exclusive of the submerged lands, I suggest to you will produce far more than 590 units. COMMISSIONER MAC'KIE: Was there an environmental advisory council? MR. NINO: Yes, there was. An environmental advisory council unanimously endorsed this project, as did the planning commission. However, as you know, there are a number of objections and petitions that were included in your agenda package. I received two or three more since your executive package was submitted to you. They are all in the same vein. They object to th"e project. CHAIRMAN CARTER: Mr. Nino, what is the density of some of the other surrounding projects, like Arbor Trace on their land use? MR. NINO: It would be three units to the acre, because that's the - that's the base density in that area, and they would've developed under that regulation. CHAIRMAN CARTER: And if I'm reading this one, it's about 1.10 units per acre? MR. NINO: Correct. Page 139 Agenda Item No. 815 April 12, 2005 Decemb" 4~~f2(fuo CHAIRMAN CARTER: So they're substantially below what the neighbors are? MR. NINO: Correct. COMMISSIONER MAC'KIE: Am I missing something or is this -- it looks to me like the issue here, frankly, I can't find an issue here, that the assessment of this project would be that there's not a question of whether or not this density and more could be built on the subject property. There's a question of whether they spread it out wide and have an Impact on a lot of environmentally sensitive land, or they go high and less impact on the environment. MR. NINO: That is very correct. COMMISSIONER MAC'KIE: All right. I thought I was getting it. MR. NINO: To continue, this petition is structured with the same development standards that are In Pelican Bay relative to the spacing ability. The development standards are exactly the same, one-half to some of the heights of the buildings. A substantial setback from Vanderbilt Drive. The petitioner in the package that you have provides widening for Vanderbilt Drive, with a requirement for Impact fee credit. I'm pleased to advise you that as a result of further negotiation by it, your staff and Mr. Feder, in particular, the·- you will not have to give credits for the widening of Vanderbilt Drive. COMMISSIONER MAC'KIE: Wait. They're going to give us the road right-of-way and we give them nothing? MR. NINO: That's correct. COMMISSIONER MAC'KIE: Oh, I like them. CHAIRMAN CARTER: Same on Wiggins Pass. COMMISSIONER MAC'KIE: Good job, Norm. MR. NINO: There's also in this plan on your traffic ways master plan, there is the continuation of the east/west league of Livingston Road through Vanderbilt Drive, a reservation will be made there. However, the County will not take that reservation until it needs It, and I'm advised by Mr. Feder that that is a long time In the distance, and at that time in a manner of remuneration will be determined at that time. And If Mr. Feder has any further comments, I would invite them. COMMISSIONER MAC'KIE: I need to understand that last Page 140 Agenda Item No. 88 April 12, 2005 Decemb¡¡¡.e ~2~~ði»O one a little better. We're going to takè it when we need it, and if we t:'eed it we'll pay them what it's worth at the time? " MR. FEDER: Yes. The folks have been extremely cooperative and I want to commend them. Basically on that section, it might be a possible extension in the future east/west Livingston Road west of US 41. They're going to reserve the land for future road right-of-way at the time that we find that we are, in fact, looking to build that facility, which is not currently on our plans. We would then pay, and I believe I'm correct in the statement I just read, based on the pre-PUD cost for that land, but that we're not being asked to pay for the impact fee credits today. COMMISSIONER MAC'KIE: I want to know how you guys made these deals. This Is -- you guys may not know just how different, I mean, don't mean to- MR. FEDER: As I said I want to commend the folks that are developing this parcel. And it's a way we need to be responding in the future. And we'll be coming back to this board with the need to proceed in this direction in the future. COMMISSIONER MAC'KIE: You know we always talk about not setting - Norm,come back, because before you leave-- COMMISSIONER FIALA: I'm so glad you're up there. I just had a couple questions. Seems the 243 petitions - petition names that we've received, plus a couple letters here, were objecting mostly to the traffic, feeling that the roads could not accommodate the new traffic generated, of course here it says there will be no new traffic generated. Somehow I'm thinking with 590 units sold -- MR. FEDER: We have a process -- yeah, we have a process under the comprehensive planning, another issue you'll probably be raising, that šãys that the allowable density, it's being proposed above and beyond, that is what's looked at relative to transportation impact essentially, assuming that the property could have developed at a certain level, and if they asked for more, that's identified in the transportation impact, If that answers your question. Having said that, I think it was also noted that, first of all, these folks will come in, as I said, and are being very responsive relative to the transportation issues. And I will note that they're looking at a density that's far less than what you see in the area. Page 141 Agenda Item No. 88 April 12, 2005 Decemliøeft,o~êo The last thing I'll point out to you Is we are planning, transportation staff, on developing a corridor study in fhis area. There's been. a lot of questions about Vanderbilt and Wiggins and so welre going to start up in a while in a corridor stl.¡ldy of the area, try to define what we do for transportation issues in that area. COMMISSIONER FIALA: So in your opinion the roads that are in place, or will be in place when this development is completed, are adequate to handle - for a level of service C to handle the new·· MR. FEDER: I did not say that. 11m not sure you even have that out there today even I'm for it this project, but what I am telling you is the level of Impact from this developable land is definitely something that we can work with in this area. And it's something that when we do our study, we'll try to define how we address what already today are some constraints on your statement of level of service C. COMMISSIONER FIALA: So can I Just ask one more? So you feel comfortable with our roads and this development? MR. FEDER: I feel comfortable that we will work with the community to define what can be done In that area, that it is not a foregone conclusion that the community wants four.laning or expansion of the roads In that area. So that's something we need to look at, find out what our altematlves are and make a decision on how we approach improvements In that section of the county. CHAIRMAN CARTER: Commissioner C·oletta. COMMISSIONER COLETTA: I probably shouldn't ask this question, but I'm going to anyways. Just trying to project forward from where we are now, what's the earliest we could expect Vanderbiff to be four-Ianed? . MR. FÈDER: Right now we're looking probably about two to three months before you start a corridor study of about 12 months. At that time -. we had had plans already for possible four-Ianing on Vanderbilt, all the concerns raised, we have a number of very significant environmental issues there, mangroves around the bridges and the like. So in answer to your question, we don't currently have a program. We're going to be coming to you with a five-year work program about March, April. And we will go through with the Page 142 ""-"....~- Agenda Item No. 88 April 12, 2005 Decem'¡i-e.r2~~O~O corridor study. That'll help us define the issues and bring that forward to you probably about a year from now and decide how we approach that area. COMMISSIONER COLETTA: And the other ques.tion would be, when was it they were actually planning to build this project, if they got the okay to go ahead with it? Would it be something that takes place in a couple months, or would it be a couple years down the road? MR. FEDER: And that's something I'U defer to-- CHAIRMAN CARTER: I think we need to defer that to the petitioner. And I will tell you, my understanding is you're talking about five, six years in the future. But I will let them address that and not put words in their mouth. But, secondly, after all of the meetings that we have had since they have accelerated that corridor study, with all of the public input, it is a cooperation of a number of association groups along with, you know, all requested parties in that North Naples area that's making this happen. So we have a tremendous amount of community cooperation in trying to work through these Issues, knowing full well this will be developed. The question is, what do you want to have happen, and why I have been so tenacious on this project, and working through this, is this is the first time in my history as a commissioner I've seen anyone setting aside 90 percent of the land as open space, meaning it'U have a different configuration, but there1s also some substantial amount going to be set aside in perpetuity as protected areas and that just doesn't happen. COMMISSIONER COLETTA: I commend Signature Communities for what they're doing on this particular project. I think it's wondeñul. Maybe we're setting the direction for future land use ¡and whát we should expect. CHAIRMAN CARTER: And this is an infill area. This is urban infill, which we're not under any orders by DCA. They're looking to the rural frínge In the rural area. We're taking it upon ourselves in the urban infill to come up with better plans, higher s~t asides of green space without having any taxes to work with. There's a big movement that says we want a green tax. I'm for it, but by the time we get the first dollar, all of this could be zoned and be underway for development. We have to deal with the realities of what we have today, and that's only through the Page 143 .,-.....-.--- Agenda Item No. 8E April 12, 2005 Decemtfê~~Jo2\jbo community cooperation of the developers to get the most that we possibly can without having any public dollars available. COMMISSIONER HENNING: So what you're saying, excuse me, so what you're saying is, the developer Is' going, to provide this green space at no cost to the public? COMMISSIONER MAC'KIE: And the roads at no cost. CHAIRMAN CARTER: The roads.. and they're also saying that they'll set aside In perpetuity .. is that they would be happy for a conservation group to take It over and maintain It. In the interim, they will be accountable for maintaining It, or their homeowner's association, until such time some group steps forward and says, yes, we want to maintain It. They're saying, we'll do it, and that's expensive, but they're willing to do It. COMMISSIONER MAC'KIE: Commissioner Carter, this looks to me like another one of those hard fought battles that got fought before you got in front of us and it looks like you've already won the war. CHAIRMAN CARTER: Well, we've done a lot of work, but I think we need to certainly hear from the petitioner because they've got some other things to share, the right questions were raised by some of the commissioners, which I think Is another step in the right direction, plus we need to hear from the neighborhood groups to share any concerns that they have. So if you have no further questions for staff, we will go to the petitioner? - .. ~ '" ~ ~ ... .-_. .- . . -', '. ..... .-~~~ _ ~;, \, ~ :- I ':.._ I ~.'" ~! T} j ~ , . . . , 'I..... . ~ ,. .... f' ;- t. .~. . , -~ -----_.._.~ '.: I 'r' - - ,~; "_' I '~. _ I.) \_~~ ¡ ¡lilt. a . CHAIRMAN CARTER: The urban eagle? MS. BISHOP: The urban eagle. COMMISSIONER MAC'KIE: We've got one In the Moorings. We do, I mean there's an eagle nest that's nested there forever. CHAIRMAN CARTER: I'll tell you, the one over In our area may qualify for the ship (sic) program, I don't know, but he's in trouble with his nest at this point. Page 144 .~-"",""""---.-.,,, Agenda œ~æ Bß2 April ~, 2005 Decem&¡ie.f2,02~&O Page 145 http://www.clerk.collier.fl.us/weblinkNiewText.asp ?DocumentID= 1 0726&FolderID=763... 3/15/2004 --.--..-.--- . Textview Toolbar Agenda It~~ ~ 1 April 12, 2005 Decemí)W ~2';f 2&0 ~ ~ I Page ffiÐ of 265 CiØ / lit 0 MR. CORACE: This Is the finger. The area that is set aside for Livingston Road, can you identify that, Ron, on that' portion? Right there. COMMISSIONER MAC'KIE: Right. . MR. CORACE: We had originally proposed our maintenance facility for the golf course community to be on this location. COMMISSIONER MAC'KIE: Right. MR. CORACE: Right there. And because of some of the neighbors' concerns, both to the north and to the south, to the north we have Falling Waters, to the south Tarpon Cove, we've decided to reorient our plan and put that maintenance facility over toward the golf course component of our project. So I believe we have allayed many of the fears of the people in the community. There will be people standing up who will be asking some other questions regarding that. We'll be glad to address it at that time. CHAIRMAN CARTER: Also on your multifamily, if I understood correctly, that some of that will be housing for caddies, for other personnel that may be working for your company? MR. CORACE: That's possible, yes. That's one consideration that we have at this point. We feel that it would be an incentive to have quality housing on that portion of the property for roughly - we're going to have 60 employees for the clubhouse on the golf course. COMMISSIONER MAC'KIE: Well, Don, that sounds a ·little bit like affordable housing in North Naples, work force housing. MR. CORACE: Well, It would have to comply with the multifamily standards that ... and be compatible with both Falling Waters and Tarpon Cove. I think the minimum unit size Is 1,200 square feet. So it's not something like it's ... COMMISSIONER MAC'KIE: Not trashy, since It's for working people, right. And it's a real positive, as far as I'm concerned. COMMISSIONER COLETTA: I am too. I'm very Impressed with it. CHAIRMAN CARTER: All right. Any further questions of the petitioner? COMMISSIONER FIALA: And these are the multifamilles that we're talking about right here? How many multifamllies are Page 146 http://www.clerk.collier.fl.us/weblinkfT extViewToolB ar .asp?DocumentID= 1 0726&Folder... 3/15/2004 u_'"___ Agenda !~~g.~ Aprilf'2, 2005 Page 93 of 156 December 12, 2000 there, four? COMMISSIONER MAC'KIE: How many multifamiliés altogether? MR. CORACE: How many we propose? COMMISSIONER MAC'KIE: Yeah. MR. CORACE: We don't know. We don't know because we had to make the dedication of 100 feet for Livingston Road. We also have a great deal of wetlands in that area. As you can see on the map, Tarpon Cove was not able to develop all the way up to the northern property line, because of these wetland issues. Those little hatch marks you have seen on the map, those are wetlands and those cover the .. the right-of-way that we would be dedicating for Livingston Road. So we wouldn't be able to develop in those areas. So we're not sure how many units we should put in there, but whatever it is, it will be compatible with what's both to the north and to the south. One other thing I'd like to interject, when we were negotiating relative to Vanderbilt Drive and Wiggins Pass Road, we negotiated to the extent that we as a developer, if we purchased the property, we currently have it under option, if we purchase, go forward and purchase the property, which we have every plan to do, we can then make those dedications. But at this point, we're not the owner of the property, and we've discussed this with Norm, and he agrees that we can only make commitments that we have control over at this point. COMMISSIONER MAC'KIE: Well, obviously, you know, but whoever ends up owning the property will have that requirement to make the commitment, whether it's you or somebody else, because if we approve this then the requirement will run with the land. MR. CORACE: It would run with the PUD. COMMISSIONER MAC'KIE: Run with the PUD. MR. CORACE: And they can choose -- they can choose to utilize the PUD or start all over again. COMMISSIONER MAC'KIE: Right. MR. CORACE: As you know, we can't speak for them. We can't grant anything we don't own. COMMISSIONER COLETTA: Is there some way in this process that we might be assured that this work force housing and this housing down here ends up being what we're talking Page 147 http://www.clerk.collier.fl.us/weblinkJViewText.asp ?DocumentID= 1 0726&FolderID=7 63... 3/15/2004 Agenda Item No. 8S April 12, 2005 Decemaf:~e.f2,o2~&O about now, and not some, like, motel type of situation or something other than what your original design was? .. MR. CORACE: Well, first of all, it can't be a motel, because the zoning dictates that It has to be multlfami·ly. I don't know what assurances we could give you on what the product type is. The only assurance we could give to you at this point Is it will be compatible with what Is out there. COMMISSIONER COLETTA: Well, the thing that I'm impressed with Is that most developers out there, and I hope that they start taking notice of this, don't seem to have any real serious concern about where the workers are going to come from to be able to support this, and this is one of the first examples I've seen out there. I'm just trying to assure myself that this in perpetuity is going to be what we're talking about now. MR. CORACE: Well, It's certainly our plans at this point, and we have every reason to believe that the consideration we're making for this right now, Is something we'll follow through with on our plan. . It is also, you need to understand, Commissioner Coletta, that we have a number of environmental issues here. So we may not be able to build much multifamily out there in the first place. So we're going to be restricted not by zoning, but by environmental permitting. So that's one of the reasons why we can't answer what we can and cannot do out there, because we don't have our environmental permits in hand. COMMISSIONER COLETTA: Thank you. CHAIRMAN CARTER: Public speakers. MR. OLLIFF: Yes, sir. The first speaker is·· you have six in total. The first speaker is Christopher Thornton. Following Mr. Thornton will be Warren Radler. COMMISSiONER MAC'KIE: If the second speaker would come on down and sort of be on deck. It keeps things moving. MR. THORNTON: Good afternoon. I'm Chris Thornton. I'm with the law firm Treiser, Kobza & Liebeñarb. I'm representing today the Estuary Conservation Association, formerly known as the Wiggins Pass Conservancy. It's a group of people from the North Naples area who are concerned about maintaining the quality of the estuary system in the waterways in and around Wiggins Pass, all the way down to the Vanderbilt Beach area, up to Bonita, the Bonita area. Page 148 Agenda Item No. 8S April 12, 2005 Decemb¡¡.e 12~~ð~O Basically the Estuary Conservation Association is opposed to the project to the extent that it will degrade the estuary system. Right now the land is in its natural state and, of course, any development, I guess, will degrade that estuary system. But, in particular, the comparison that we've been making so far is the benefit that the county gains from allowing 590 units to be built rather than 1,758, and that 1,758 number is derived by calculating the density times the gross acreage. We're not looking at the .- at the possibility of 1,758 units, because as you can see from the map on the wall, a lot of this property is open waters. Open waters that are owned by the State of Florida. The land that Is owned by the state would be any of the open waterways of the Wiggins Pass system, the Cocohatchee River and any of the channels and canals in there, as well as the mangrove wetlands below the mean high water, and after the planning commission meeting on this matter, I did decide to go ahead and ask the State of Florida for a title determination on this particular PUD and their response was, yes, the state claims to own all of this water and all of the wetlands below the mean high water line. And I provided a copy of that determination to the developer, as well as to Commissioner Carter, who was kind enough to meet with me this morning for just a couple of minutes to discuss that particular issue. The point is It sounds great to say 590 is a lot better than 1,758, but the 1,758 number is way out there. And we don't know exactly what that number is, because we don't know exactly how much land the applicant owns that's not owned by the state. It also goes directly to all the traffic calculations, you know -- okay, yeah, there's going to be no traffic impact. That's based on the assumption that currently you could get 1,758 units out there. But that's-ñot the case. They're only comparing 1,758 with 590. And we don't know exactly how many acres they have, because a lot of this land is owned by the state. COMMISSIONER MAC'KIE: Can I .. .'m sorry, are you a lawyer? MR. THORNTON: Yes, ma'am. COMMISSIONER MAC'KIE: As a real estate lawyer it bothers me that you would come in and say that you have a letter from the DEP that says that the state owns this land, because their letter says, since the accuracy and completeness of this Page 149 Agenda Item No. 88 April 12, 2005 Decem~a¡.e'¡i~:iðbo information may vary and rely on records we currently have in our repository - here's the important part -- the conclusions set forth herein do not constitute a legal opinion of title and should . not be relied on as such. Of course they're going to. assert, you know -- MR. THORNTON: Right. COMMISSIONER MAC'KIE: - but please don't tell the board that you have a letter from the DEP that says the state owns the land, unless there's more than this. MR. THORNTON: Okay. The state has - COMMISSIONER MAC'KIE: Because it doesn't say that. MR THORNTON: -- the state has asserted to own the land. That's all the letter says. CHAIRMAN CARTER: And Just another question for staff. Isn't the developer currently paying taxes on submerged lands? COMMISSIONER MAC'KIE: If you know. CHAIRMAN CARTER: If someone can answer that question. MR. OLLIFF: Yeah. I can't answer that. The petitioner may be able to. MR. CORACE: Don Corace, Signature Communities. I'll be glad to respond to that issue. Based on the title research that we did, the owner of the property, A.L. Doherty Company, does pay taxes on that property, which is considered to be submerged lands. CHAIRMAN CARTER: Thank you. Because this is an issue .'ve heard at the Florida Association of Counties, other counties going through the same thing, property owners paying taxes on submerged lands. It's not a clear-cut situation. COMMISSIONER MAC'KIE: No. CHAIRMAN CARTER: Go ahead. MR. THORNTON: That's all I have. Thank you. CHAIRMAN CARTER: Thank you. MR. OLLIFF: Following Mr. Radler would be Linda KraJewski. MR. RADLER: Good afternoon, commissioners. My name is Warren Radler. I'm a resident of Pelican Isle and North Naples, I've been asked to speak on behalf of a coalition of homeowners in the -- what I call the Vanderbilt Drive corridor. We decided in deference to the commissioners, we would not have 25 people speaking. We saw what happ~ned this morning and everybody has a right to speak, but we thought It might be better if we . Page 150 Agenda Item No. 88 April 12, 2005 Page 97 of 156 December 12, 2000 limited our comments. CHAIRMAN CARTER: Appreciate that. MR. RADLER: For your information, however, and some of you may know this, about 75 neighborhood people appeared at the planning commission. You have in your agenda package letters from these citizens. So I want to make it clear that we are, indeed, concerned citizens. We are neighbors of this proposed project. We include people at Pelican Isle, at the Marina Bay Club, Cove Towers, Tarpon Cove, Arbor Trace, and others. There are several thousand people who live in this very beautiful part of North Naples. And I think we're dealing here with a very special piece of land. COMMISSIONER MAC'KIE: May I ask you a question before you go tell us your opinion? Do you have - MR. RADLER: I don't have an opinion. I'm just going to voice some concerns. COMMISSIONER MAC'KIE: Okay. Before you serve as the conduit for those concerns, can I ask you, do you represent all of those, I'm trying to figure out who it is? Each of those homeowners' associations or individuals .. MR. RADLER: No. I've been asked at a meeting that we had where the developers were present just last week to speak on behalf of these various -- COMMISSIONER MAC'KIE: Of the people who were at the meeting? MR. RADLER: Of the people who were at the meeting who purport to be presidents of those condominium associations and we're doing this in an effort to cut it down. There are some people here who are going to speak. COMMISSIONER MAC'KIE: I appreciate It. I Just wanted to get it straight. MR. RADLER: I think I'm speaking for -. at least the majority of the several thousand people who live in that area. And I'm not here to offer my opinions, but merely to tell you what the concerns are, and I think the commissioners and the public need to hear about this. Because it is a very special piece of land. Let me tell you what the .. let me highlight the concerns of people who live in the neighborhood. And I think there are some lawyers who are going to speak after me. By the way, I am a lawyer, but not a Florida lawyer. And I'm not getting paid for this _ Page 151 Agenda Item No. 88 April 12, 2005 Decemb~ç¡.e f~~f2á~o either, so. But. think you should understand this. We're very concerned about what happens to what we call the preserve or the mangroves. We understand that there's a conservation easement. We do not know what the timing is. We .have heard at vañous meetings that they will not - that is the developers, will not give up their rights to docking space. We do not know whether that means marinas, and we'd like to hear on the record what the plans are with respect to the preserve. Most of us are out there in large measure because of these beautiful mangroves, and while there are very good things said in the PUD, amendments to PUDs are possible. So we'd really like to hear a little more from the developer on the record here in this meeting, what their plans are for what we call the preserve, nor do we know what the timing Is. Our second concern Is one that has already been discussed, namely, the height of these towers. With the exception of the 15-story tower at Arbor Trace, . believe in that entire strip from 111th Street to Bonita Beach Road, the highest tower Is nine or ten stories. What's proposed here - I think .'m right, but I may be wrong, what's proposed here is a minimum of four, perhaps five towers to 20 stories. People are very concerned about this, not from a density standpoint, but from the -- from an aesthetic standpoint. Because what you have here is preserve. And, third, I live there and when someone tells me that there's no traffic impact, we could hire all of the experts we want, but I invite any commissioner at any hour of the day to travel south on Vanderbilt Drive from Bonita Beach Road and you will walt for a half hour at 111 th Street. And this Is before the impact of the Dunes development has been felt, developed by Signature Properties. I'm very concerned about that, as I think are the residents':- Other people will speak about some of the ecological impact that this proposed development offers. There are some problems here. The eagle is not the least of it. There are -- there's other wildlife that I think we need to be very, very careful about. I'm here simply to let this board know that a couple of thousand of your constituents are awfully concerned about this project. Thank you very much. CHAIRMAN CARTER: Thank you. Staff, we can come back then. We will take these at the end about heights, traffic. I want Page 152 Agenda Item No. 88 April 12, 2005 Page 99 of 156 December 12, 2000 to say this on traffic, If you never built another unit in the area, you'd stili have traffic problems. We're well aware of that. That's why the corridor studies are going on. That's why we're doing everything we can to accelerate it. But whetf1er or not you build another unit or not, the traffic is not going to go away. MR. OLLIFF: Next speaker is Linda Caduski followed by James Heyda. MS. CADUSKI: HI. My name is Linda Caduski, and I work for Arbor Trace, the community that borders. Sorry, Ron. MR. OLLIFF: He was Just trying to get Katie to switch to the visual. MS. CADUSKI: Oh, okay. I'm sorry. There's 91 units that are at Arbor Trace and I represent the homeowners of those units, as well as the - excuse me, I also have a cold, Naples Development Group who are the developers of Arbor Trace and we're currently under construction with the final phase of Arbor Trace that will be shown on the aerial over there of Tower Point, which would be an additional 120 units and homeowners. Our community is comprised of mainly villas with two mid-rise buildings and then the one high-rise which is out furthest west on the piece of property. Our mid-rise homeowners and our villa homeowners are very concerned of course of the height of the buildings that are project - proposed to be built right next to where their homes are. They feel like they're going to be left in some of the shadows. So, of course, the building height is of concern our homeowners there. And, yes, we do have a is-story building ourselves, so I can't exactly stand up here and ask you to make them only five levels, but we are asking that maybe you would limit those to a maximum of is for all the towers, not just the first tower that's-proposed to be built bordering the Arbor Trace community. Iy, I know you've heard about the bald eagles. There is more an one eagle. And the record of that nest, there ave been five eagles that have been born on that property. Our wners have watched and observed those - that nest for many ears, and do enjoy doing that. The nest location, I don't know if f.0u.re aware, has changed from the original nest. In 1994 there as a change In the location, and in 1997, it was actually ~ the original nest had been cut down, but the Page 153 Agenda Item No. 813 April 12, 2005 Decem't:ji 1fi,02t)&O tlld not leave until .. choose to leave the area. They did remain and just relocate their nest to another tree. So I know that this whole project really borders on when this eagle files the coop, so to speak, but I think that these eagles have shown that they really don't want to leave that area. So I just wanted to make that point. And I don't personally know what the eagles' plans are, but It Just seems that they want to stay in the area. And they do feed down by the Wiggins Pass raffle, we've talked about it, and it is a concern. I live r the North Naples. Obviously, I work at Arbor Trace. I drive that road, Vanderbilt Drive, 111 th, many times a day. There have been times where it will take you at least a half an hour to get about a mile. We ask .. the homeowners ask that maybe the traffic .. the roadways and infill structure are in place prior to keep developing the area, and maybe It's not just Signature Communities' development that we're talking about. It's just that whole area being developed as quickly as it is. It's actually a very dangerous road. I don't know if any of you·all drive that, but there are a lot of people that run, they walk, there's lots of bikers, those bridges are horrendous. I hold my breath every morning when I drive that I see that there's someone on a bike that's going over that bridge, because I just pray, you know, let me slow down so I don't hit them. So there are a lot of concerns, not only with the number of the vehicles that are on those roadways. There's really - the way that it's designed, the bridges are really just not safe, and there's more than one. I think there's four or five different bridges that we're concerned with. . The emergency service vehicles, there's always a concern. I do work for a sëñior community, so we do tend to see more of the emergency services our way, with some health issues of our residents, and with the roadways so congested, the response time is not as quick as it could be. Sometimes it Isn't as quick as we'd like to see it, for the safety and health reasons for our residents. So those are our concerns. I appreciate the time. And we hope that you will consider our concerns. Thank you. CHAIRMAN CARTER: Could you tell me when you had your project approved and when you started the development for Page 154 "_u _c__._." Agenda Item No. 88 April 12, 2005 Page 101 of 156 December 12, 2000 Arbor Trace? MS. CADUSKI: The Arbor Trace development has been there since - it's been there nine years actually. So all of that has been in place, the tower was originally back In the original PUD, however, the developers chose to wait on developing the entire piece of property up until this past couple of years ago, and have decided to develop that piece of property now. CHAIRMAN CARTER: Okay. Thank you. MS. CADUSKI: Thank you. MR. OLLIFF: Next speaker is James Heyda, followed by Bob, I believe it's Distler. MR. HEYDA: I have been sworn in, and the spelling of my last name is H-E- Y -D-A. Honorable commissioners, Mr. Corace and Ms. Bishop, I live on the north end of Tarpon Cove. I would be just south of that finger that Mr. Nino pointed out to you some time ago. And by the way, I have some petitions from some residents of Tarpon Cove. Is it permissible to pass this out at this late date? CHAIRMAN CARTER: You can Inject them into the public record if you want, we may already have them, but -- MR. HEYDA: No, you don't. This is -- they mlght've been faxed to you, but I'll pass these out and hand one to Mr. Corace or Ms. Bishop. At any rate, our concerns are that much of the development is going to be shunted off into that finger, or what I call a peninsula, in that petition that you're receiving. That little peninsula is a separate tract of land and it's zoned for residential 3. If the developer has his way here, he would like carte blanche authority to put in as many units as he thinks is appropriate at some future date. We would like that either to remain zoned the R-3 or at least hàve you, ladies and gentlemen commissioners, put in some restrictions that the number of units that he can put in that narrow peninsula, that is located directly north of Tarpon Cove and directly south of Falling Waters and, if you notice on the map, you can see how that would impact us. That is something Mr. Corace gave us, and it shows even like a caddy club. We'd be concerned about having a caddy club there. We would also be concerned about the maintenance facility, and we would hope that you would' put some restriction in relation to the maintenance facility that it couldn't be right there. And we Page 155 ·.-~~._---- Agenda Item No. 8B April 12, 2005 E'age 102 of 1.56 December 12, 2000 would appreciate any other sort of help that you could give us, so that that area of land remains consistent with what it is right now, and what It is presently zoned. Mr. Corace also mentioned at some other time,. at some other hearing, at the planning meeting that his intention, when he starts building, and he indicated at springtime, that he was going to come In off of 41 between Tarpon Cove and Falling Waters. We're also concerned about that. On the west side of Wiggins Pass - or the east side of Wiggins Pass Road, there is a cement material yard, so that many material trucks, cement . trucks, use Wiggins Pass at the present time, So we would be concerned about all of those vehicles coming off of 41, rather than coming In off of a different location; namely, off of Wiggins Pass, and not going behind our houses during the construction phase. Lastly, the last speaker told you about the bridges. And I think that even Ms. Bishop who's a bike rider will tell you about those bridges, if you asked her. There's two of them. They are extremely narrow. No bicycle rider, I shouldn't say no bicycle rider, but any bicycle rider or pedestrian that starts going across those bridges, when two cement trucks or two large trucks are going by that pedestrian or bicycle rider takes his life in jeopardy. And there's a great bicycle path that goes all the way from 111 th Street northbound to these bridges, and then on both sides of the road, there's a bicycle path along with a - I should say a bicycle path and a pedestrian path that goes all the way to Bonita Beach Road. All of your bicycle riders use that. That has been indicated in some other publications in the county as being one of the most dangerous areas. I take it that's my time. Thank you very much for your concerns. We'd appreciate any help. CHAIRMAN C"ARTER: I can understand your last comments, sir, and regardless if this project wasn't in front of us, that condition with the bridges exists, regardless of any - MR. HEYDA: Well, what I'm basically saying is any help you can give us, please do it. CHAIRMAN CARTER: And I agree. And that's why the corridor study is so important to .. and I'm looking to Norm Feder to help us with that, to see if there's some interim things that we can, wings on those bridges, perhaps .- MR. HEYDA: Well, maybe even a stop light wbere a Page 156 "_'0___ Agenda Item No. 88 April 12,2005 2age 1D3 of 156 Decem6er 12, 2000 pedestrian can put it, but something needs to be done there. "m sure Mr. Corace would be concerned about that, and anything that you can do in that area, we'd appreciate it. CHAIRMAN CARTER: Well, we want to do that,. because, see, the DEP, the environmental protection, we just can't go in there and widen that bridge tomorrow morning. But we may be able to find some alternate ways to work with the existing bridge to relieve the concerns that all of us have in that community. So . appreciate you bringing that to our attention, again, but that's an issue that, you know, we are working on right now. MR. HEYDA: Thank you. CHAIRMAN CARTER: Thank you. Next speaker? MR. OLLIFF: Bob Distler and following him will be your last speaker, Anthony Pires. MR. Distler: Hi, I'm Bob Distler and I live here in the north - Tarpon Cove, north, and , have êi couple -- few questions for the commissioners. We have a few concerns and one of them is that the current zoning is single-family, I believe I'm correct on that, it's single-family. And with single-family it controls the design, ownership and use of the buildings. And the developer cannot give us an exact number of units he's going to put in there or a location. We would like to know the number of units that are going to actually be put in that area that they're going to develop. CHAIRMAN CARTER: You're talking the finger? MR. DISTLER: Pardon? Yes. I'm talking about the finger unit, I'm sorry. Yes. I'm talking about the finger unit. . The second thing is the type of building construction and the quality, you know, we feel that Tarpon Cove, we have a quality building, and they're aesthetically pleasing and go along with the area. Buffer zone and landscaping the building and how are they going to landscape it? Is it going to go along with our area or is it going to be something totally different? , guess the last question , have is the construction traffic road. We would like to see the construction traffic road or the roadway be brought in either from Wiggins Pass or Vanderbilt, rather than bring all of the trucks and everything right through the preserve area, our neighborhood area and Falling Waters. And that's alii have. 'think everything else has been covered. Page 157 Agenda Item No. 88 April 12, 2005 Decenf6ii- 1f2~~ð~O CHAIRMAN CARTER: Okay. MR. DISTLER: Thank you for your time. MR. PIRES: Mr. Chairman, members of the board, Anthony Pires of the law firm of Woodward, Pires & Lombardø, representing some interested property owners and residents in the area of this project. I guess the first issue I'd like to address, some of you'd call it a hypertechnical issue or a technical issue, is who is the owner of this property? Who Is the proper . applicant? The PUD document states that the subject property is owned by A.L. Doherty Company, Inc., a Delaware Corporation. Page 51 of your agenda packet indicates the applicant is Keith Sharp. I don't know Keith Sharp. I don't know who Keith Sharp is and his relationship to A.L. Doherty Company, Inc. The application, as far as the agenda item, indicates the proper applicant is Vanderbilt Partners II Limited. I checked with the Florida secretary of state. I'd like to make this part of the record. It indicates that Vanderbilt Partners II Limited is a Florida limited partnership with a general partner of C G & S Investors, Inc., out of Detroit, Michigan. I believe that this board's ordinances require specificity and detail as to ownership, including all stockholders, shareholders and officers of any corporation and all partners involving partnerships so that the board is well aware of who everyone is that has an interest in it, to ensure that any advisory board ruling on the issue, that none of those members have conflicts of interest, coupled with the fact of the ability to control that. Perhaps there are some other items, but I don't see any in the packet. There was reference-- and also a point of concern, in the presentation by the petitioner that we have an option contract and that's why it seem to be a little wobbly on the issue concerning commitments under the PUD. As I understand it, once that PUD is in place, those commitments are part of that PUD to run with the land. But I think it's inappropriate for this board to even consider this. Mr. A.L. Doherty Company, Inc., is not indicated as signing this application. Keith Sharp is not indicated as being an officer or director of that corporation. Vanderbilt Partners II, L TD, it has a general partner of C G & 8 Investors, Inc. And, no one from that entity has signed this, and no officers, shareholders or directors are disclosed. 80 I think you have a fundamental flaw out of the shoot. .'- Page 158 ---- Agenda Item No. 88 April 12, 2005 Decem1f~f 1fJi,021cJðo Additionally, with regards to this particular project, some other aspects involving the other aspects of it. With regards to the conservation easement, I understand that the PUD requires that there be a conservation easement recorded and made part of the public records, pursuant to the typical conservation easement scriptures. We would like to -- the residents would like to have an opportunity to review that before it's recorded to ensure that it meets those criteria. And, secondly, that that's recorded prior to any issuance of any development order for any development activity in this project. Now, you may hear the petitioner indicate that before they get their environmental resource permit from the state agencies, that that conservation easement needs to be in place, but there are areas that they do not need the ERP for where they can begin development activities prior to the conservation easement being recorded. I believe that the commitment to provide the conservation easement is one of the paramount features and aspects of this project. So I think, therefore, the PUD should specifically say that instrument is of record prior to the time the first development order is issued for this particular project. You've heard the residents address the issue with regards to limiting building heights to 15 stories. I think it would -- once again, I'm not a planner, but from the standpoint of how the compatibility issue is addressed as you go north to south, if I heard the presentation correctly, that it's 15 to the north abutting property owner In Arbor Trace, 15 would be the first building on this site. The next four would be 20 and then one off site to the next property owner to the south is 10 - 15, 15, 20, 20, 20, 20, 10, I'm not sure what the transition is. I think the planner will indiëãte that's at the edges, but we would like to have a uniform height of 15 feet (sic) for the maximum buildable height in this particular project. Once again, I don't believe -- it's my opinion that this is premature because of the fact that the option contract is not attached to the application that is in the agenda packet, that I see the wrong party has signed the application, and that it's not appropriate to go forward. And if you do go forward, I'd like to have those development commitments in the PUD. Thank you. CHAIRMAN CARTER: Okay. Mr. Corace, I think there's some Page 159 Agenda Item No. 88 April 12, 2005 Decemlfat ft,02tsðo questions for you. Would you like to address those? I've made some notes, maybe you want to take the last Issue that was raised first about ownership, and who applied and is all that properly constituted in these documents, and'the county attorney is declining, so If you can answer that for us. MR. CORACE: Don Corace with Signature Communities. I don't know if I can answer technically what the gentleman has brought up. I do know that Keith Sharp is one of the officers of Signature Communities. He's the president of Signature Communities. The entity that he referee to as C G & S. Those are the Initials of principals, two principals In our company, one being Corace, the other being Griffin and the other being our equity partner Soave. That's what those initials stand for. That is the general partner of -- C G & S is the general partner of Vanderbilt Partners II. COMMISSIONER MAC'KIE: And we need to know who the - is C G & S a corporation? MR. CORACE: Yes. COMMISSIONER MAC'KIE: We need to know who the shareholders are of that corporation.' We have to know that to know if we have a conflict. MR. CORACE: The shareholders are Richard F. Corace, Gerald Griffin and Anthony Soave. COMMISSIONER MAC'KIE: Would you spell the last name? MR. CORACE: S-O-A-V-E, no relation to the Soave builder here. COMMISSIONER MAC'KIE: Okay. And are there limited partners in addition to the general partners,' because we need to know 100 percent of the ownership of the applicant? MR. CORACE: I don't believe so. But that would have to be -- I don't know the answer to that question. COMMISSIONER MAC'KIE: The only problem Is that our staff should've caught this and brought it to your attention, that we needed to have that information before - CHAIRMAN CARTER: Can you have someone in the group check that out before we conclude this hearing? MR. CORACE: I'll try to do that. As far as the A. L. Doherty Company, they are the owner of the property. We have an option for that property. A. L. Doherty, through their attorneys, have been advised of the PUD. We've been working with them, James Page 160 Agenda Item No. 88 April 12, 2005 Page 107 of 156 December 12, 2000 Elkins, Esq. represents Doherty. COMMISSIONER MAC'KIE: Sometimes it happens; it happened last meeting, I think, that there were not attachments to the application that were in the file. I don't know who the planner is on this one, but if in the file it says as a part of the application that if you are -- if you have a contract for purchase, then you have to list the names of contract purchasers, including officers, stockholders, beneficiaries and partners, and I thought there was also a requirement that the contract, itself, be attached with maybe the financial -- that's not a requirement? MR. OLLIFF: I don't think the contract itself, but I think disclosure of all the partners and even the minor shareholders is required. MR. NINO: Yes, we normally require that, and I thought - I overlooked it, and I thought it was in the package. MR. OLLIFF: I think we can maybe address some of these other issues that have been brought up and then -- and come back to that, and they should have an answer for you by the time we get back to that. CHAIRMAN CARTER: Okay. Could we address the issue of the construction -- the construction entrance was an issue. Question also about how many units on that finger. Is there any guidelines here? MR. KANT: Mr. Chairman, Edward Kant, transportation operations director. I had a discussion with Ms. Bishop and with Mr. Corace about the construction traffic, and it was our concern that the - any additional construction traffic using Vanderbilt Beach -- Vanderbilt Drive or Wiggins Pass might over stress the road, given that we are already peñorming a significant amount of maintenance on those roadways, and we requested that they consider using US 41 as their construction access. COMMISSIONER HENNING: Can we put any parameters, Ms. Bishop? MS. BISHOP: I'm sorry -- excuse me, I'm multi-tasking not well. COMMISSIONER HENNING: Can we put some parameters in the time frame of when construction traffic can enter the project? MS. BISHOP: Certainly. I mean, obviously we -- we're looking at normal working hours to begin with. Page 161 Agenda Item No. 88 April 12, 2005 Decenf~ii~~~2~&O COMMISSIONER HENNING: Construction is not really normal. It's not nine to five. MS. BISHOP: Well, that's true. I'm starting to think about across the street. Their construction over there st.rts a lot earlier. I'm suggesting to you that construction usually starts in - I know that my husband goes to work by seven o'clock. So I'm suggesting that they probably start between 6:30 and seven o'clock in the morning. And most of them stop construction around four or five o'clock In the afternoon. That's a pretty typical workday for most of earth work, and keeping In mind that we're t~lking about the golf course, specifically, and that It's .. that the construction of that is really earth moving. To that degree there will not .. we only have one structure· on this prop .. project, that's the golf club itself. Well, besides the little localized bathroom places around the golf course, but that's the only thing that's going to be, right this moment, that's going to be under construction. The multifamily element of this area - until I've finished the environmental resource permitting and .. which we showed earlier, the mainteRance facility was 'originally located behind Tarpon Cove. We've now moved that and that is going to sit on what would be considered wetland areas. I most likely will have to give up some of those other development areas along that finger. So I can't say when or how much I'm going to be able to develop at that point. But the construction traffic itself for the golf course will start upon permitting of the course Itself, which we expect to be In spring, and then it usually takes about eight months to build the golf course. So by the time people come back for .. .. for .. from up North down to here in season, we should be almost complete. CHAIRMAN C"ARTER: So the golf course itself will be practically done and not be a construction issue. But then we go to the units, and I think maybe then we might be asking for some consideration for the people adjacent to it, but we don't know yet. MS. BISHOP: I really don't know how many I'm going to be building or even in what time frame that I'm going to be building those. If you look at this drawing that's up there now, you'll see .. the maintenance facility I'm going to have to move west, and the only place I have the ability for that is that wetland area, Page 162 ~.~,.....",-,--~---, ,. --------..- Agenda Item No. 88 April 12, 2005 Page 109 of 156 December 12, 2000 which means I most likely will have to give up development in those areas to some degree. . So I can"t, with any sureness tell you what I"m going to have left to develop there. Now, obviously, if I"m going tQ build those condos, then access off 41 for construction, they"re in, they"re out, I mean, there -- there won"t be a long trail past these people. There"lI be construction behind them and then when it's completed, the buffers will be in place and then construction traffic will be gone, which is pretty typical, I mean, I live on a construction site, which is pretty typical even in my own yard, so. CHAIRMAN CARTER: So there will be buffering between the properties that is going in here? MS_ BISHOP: Yes, sir. And we will - and we"lI certainly make it compatible to what they have also there, and enhance what they have in place is essentially what we would be looking to do there. CHAIRMAN CARTER: And that your structures would be compatible with the -- with the neighborhood. MS. BISHOP: Yes, sir. And, also, I want to point out that the construction traffic itself, they"lI be about -- because of where the construction road is going to be located within that future 100-foot of Livingston right-of-way that we"re giving, that we will -- there will be at least a 200 foot buffer between them and Tarpon Cove for that construction traffic. That"s 200 feet that I"m not going to be touching until after we"re completed. CHAIRMAN CARTER: And I would just request that when you know specifics, that you would advise both of those homeowners" associations that are affected by that and have a meeting with them and give them an update on what it"s going to look like, and this is our time line for doing this, and this is where it"s going to be located. So people will clearly understand that we"ve done everything we can to be compatible and not be disruptive any more than we have to be if something new is developed. MS. BISHOP: Yes, sir. I think that"s reasonable and we would certainly want to keep the communication lines that we already have established with our neighbors in place, so that we can be a part of the community. COMMISSIONER MAC"KIE: I"m still digging on this -- 1"m still Page 163 --.,.--. Agenda Item No. 88 Apri/12,2005 Decenf~i¡'1.i ~~~ði»o on the same point but, if Mr. Nino could look, it says here In the application submittal checklist that a copy of the deed and a list of the Identifying owners and all partners of a corporation, it says that was received by us. So you may have that. It would be useful. Karen, would you show me where US 41 is? MR. NINO: I didn't bring the entire file with me. MS. BISHOP: You can't see it on this map. It's about a quarter of a mile from .. to the east. It's that finger that sticks out on the other side there. COMMISSIONER MAC'KIE: Oh, okay. MS. BISHOP: And we have no plans at this point to do the multifamily there, because we have a lot of environmental permitting that we're going through. We've changed the golf course several times to accommodate flow·ways that are going through there, natural habitat for the gopher turtles, those k,inds of things. So we're In this homogenizing process of environmental permitting that we expect to be in for several more months. And at that time we will put the - which speaks to what Mr. Pires was discussing, Is the' conservation easement. It is·· there is no way that I can work on any part of this project without an ERP permit. It is not possible. The ER .. the way Collier County demands and the LDC says you must have your water management permit before that. The district will not allow me to piecemeal my water management permit. So I will be required to permit the whole site through that process and then at that time I will be required by the permit to have a conservation easement in place, and it's usually 30 to 60 days after you get your permit, or you will be in violation, and they will fine you. CHAIRMAN c-ARTER: So if I'm understanding this correctly, as soon as you can get the approvals through the permitting agency, you then can definitely say these are the areas, these are the set asides in perpetuity and we will maintain them and/or our homeowner groups, unless some other group steps up to the plate and says, we would like to take these over and maintain them? MS. BISHOP: Yes, sir. And we may not be able to build on one of those pods at all. I mean, they're - during this process, you're not .. you cannot go in there thinking this Is what you're Page 164 -~-'_..._---"'._~"">,-,_._---, -- Agenda Item No. 88 April 12, 2005 Page 111 of 156 December 12, 2000 going to get, because we've been changing already several times. So there maybe - obviously a lot less of what I ·'think I'm going to be able to do there Just through the permitting process. CHAIRMAN CARTER: And to the buildings on tbe west side, will you, in order of those structures, tell me which one's ·15, what is 20, et cetera, so that we might have some- MS. BISHOP: Fifteen would be the northern one adjacent to Arbor Trace, and as it lines up, it lines up, if you're looking on the aerial, which we have overlayed our maps on aerials, will line up directly with them. So there is no .. it's not sitting back, it's sitting directly, so the people that are in the villas will pretty much have a golf course behind them. I mean, that's essentially how this development goes. If you take my line and you continue it up to Arbor Trace, their 15 stories sits inside their property, and that is on the same alignment as my buildings. So after that, you have the golf course there, and what that golf course is going to be what .. pretty much what these neighbors are going to see. They're not going to see buildings out their back doors. Well, actually, their views are to the lakes, if you look on their .. on their plans, their views are towards the lakes, so really they will look at those as they drive by, they will see the golf course on their southern side as they go into their units. CHAI RMAN CARTER: And there's a question of an ST line, which your buildings do not violate that, because it would take us into wetlands. MS. BISHOP: Well, I'm suggesting to you that the ST lines on our maps for Collier County were done with aerial overlays and that just in printing and a blueprint, you get a quarter Inch per foot stretch, which doesn't really give you any real indication. We'vè- done vegetation maps and we have topo done on the land that gives us a better indication of where those properties are, but I can assure you that we are not getting to .. going to encroach into the mangroves with our development. We have left it open for us to perhaps maybe have a -- a boardwalk for a scenic walk through there like many of these associations have farther to the north like Emerald Bay, and I think there's a few other ones that have these. But we are not intending to have any connection to those mangroves, other than those kinds of boardwalks, and we're certainly not going to be building in Page 165 Agenda Item No. 88 April 12, 2005 D ~ge 1112 of 156 eeem..,er 2, 2000 them, because that's a no-no. ~', . I· :..~! . .. .\ (~~( ~,_~',,~' ~'t.~;"":l- -··tí(~.(-',,+-·:~~.. r ~\~J-ii1.Ît.f COMMISSIONER MAC'KIE: Especially after it's in a perpetual conservation easement. MS. BISHOP: Exactly. Because I would need the permission of the district to go back, and I think the chances of the district giving me permission to do that are pretty slim. CHAIRMAN CARTER: Okay. COMMISSIONER MAC'KIE: Never happen. CHAIRMAN CARTER: I think I have answered all of those questions, at least that were brought to my attention. Well, you have a is-story, and then going back to the building heights the rest are 20; is that correct? MS. BISHOP: Yes, sir. CHAIRMAN CARTER: Okay. Fine. I answered that question. And now I think we're back to ownership. MR. CORACE: Don Corace, Signature Communities. I apologize for any application, any information that was left off the application, or anything like that. COMMISSIONER MAC'KIE: Well, can I just tell you though, . Mr. Corace, it says here that you've submitted all that information. It's just not in our packet. MR. CORACE: I see. CÇ)MMISSIONER MAC'KIE: The checklist shows that It was submitted. MR. CORACE: Okay. Just for clarification, the owner of the property Is the A. L. Doherty Company. The option is in the name of Vanderbilt Partners II, a limited partnership. The general partner of Vanderbilt Partners Ills C G S (sic), Inc. The stockholders of C G S, Inc. Is Richard F. Corace, Gerald Griffin and Anthony Soave. The limited partners of Vanderbilt Partners are Richard F. Corace, Gerald Griffin and Anthony Soave. In addition, C G S Corporation, the officers of C G S are Pete Saputo and Keith Sharp. Page 166 Agenda Item No. 88 April 12, 2005 Decenf6i:r 112~f2Ö1JO So that should -- I know it's rather convoluted, that we'd be glad to put that in an application form and make sure that the commission's aware of that. COMMISSIONER MAC'KIE: All I needed to know, was there anybody who I might possibly represent and as that list shrinks, the more I sit here instead of out there doing real work, the answer is no, there's no conflict. COMMISSIONER HENNING: Are you saying you're just playing right now? COMMisSIONER MAC'KIE: Yeah. This is so much fun. CHAIRMAN CARTER: All right. Any other questions for the petitioner? Any other public speakers? MR. OLLIFF: Nø, there aren't any. But just because, I don't want staff to end up getting caught by people who come later, I think this was committed as part of the record, I want to make sure that the record's clear about what it is that you're approving, because unless some of these things are committed to as part of the final language of the development order, it's not part of the development order. And the only things that I've heard that have changed from the petition that's been submitted to you, is there was a commitment that the developer was going to move the maintenance slash caddie club, that is shown on that site plan. And I'm going to say by looking at those rough site plans, and when you put a scale in my hands, it's a dangerous thing, but I'm assuming somewhere around 1,500 feet MS. BISHOP: Actually, if you look at our PUD master plan, I show the maintenance facility west already. MR. OLLIFF: Okay. But -- okay. Is that part of what's submitted as -- MS. BISHOP:- Correct. It's already there. The plan that we have been showing is part of our environmental resource permit, which is, obviously, a lot more detailed than that, and that's when it got moved to the uplands, and now we're going to move it back over to where it was. COMMISSIONER MAC'KIE: So the PUD master plan map shows it where it will actually be? MS. BISHOP: On the west side away from the residential for Tarpon Cove. MR. OLLIFF: That's fine. And that's a commitment made on Page 167 "·';"'·""""".''''''_",";I'__'';¡¡;;U;¡¡¡¡;'''~¡¡¡ ,''''''''"'',"",". ".."";I;,;,, Agenda Item No. 8'8 April 12, 2005 D F¿age 1114 of 1.56. ecemuer 2, 2000 the record. That's fine. The other commitment that wasn't made is in the form of a commitment, but that I want to see if the board would like to be in the form of a commitment, was the restrictions in terms of construction traffic. I" heard on the golf course construction, which was east of Vanderbilt Drive, and I thought I heard a commitment for seven to 4:30 in the afternoon somewhere in that range. Is that a commitment that we can Include in the development order? COMMISSIONER MAC'KIE: Tom, that's really useful of you to do that. I appreciate it, because we do get confused there often times. MR. CORACE: Don Corace, Signature Communities. Seven to 4:30? The current regulation in the County, I believe, Is from seven to six; isn't that correct? MR. OLLIFF: Yeah. That was just what was committed·· or as indicated as normal construction type timing. COMMISSIONER MAC'KIE: Seven to five. MR. CORACE: Well, I .. I wasn't here when she made that .. MR. OLLIFF: Seven to five. COMMISSIONER MAC'KIE: How about seven to five? COMMISSIONER FIALA: Well, you know what, I'll just make a comment. Five, everybody else is on the street. Wouldn't six be better? COMMISSIONER MAC'KIE: That's the point. Six might be better. COMMISSIONER FIALA: Yeah, get them off the street at a time when everybody else Is on the street. COMMISSIONER HENNING: Besides the fact is .. it's a 200 foot easement between the nearest property, and that, you know, that kind of settled my mind that we're going to have some MR. OLLI FF: It may not even be important that it be a commitment. I just want to make sure that the board's aware. COMMISSIONER MAC'KIE: Apparently not. CHAIRMAN CARTER: Apparently It's not a commitment, we'll just stay within the ordinance. MR. OLLIFF: And that's fine. They're existing county ordinances that dictate the times for construction will continue to apply to this project as well. MS. BISHOP: And I want to clarify that there is 200 feet Page 168 .,-_.._,...._---~~^'- Agenda Item No. 8B April 12, 2005 Page 115 of 156 December 12, 2000 between us and Tarpon Cove, but to the north - the people to the north have dedicated 67 feet for the future Livingston roadway. So there's only 67 and a half feet. Now, obviously "m not going -- I mean, it's 100400t right-of-way. My construction r~ad is going to be on the south side of that right-of-way. So In theory theY-II have about 110 feet, 115 feet between the construction road to the north, but it's not 200 feet there, and I don't want you to - I don't want to mislead you that there's 200 feet, but there is over 200 feet on the south. CHAIRMAN CARTER: 200 feet on the south by 110 on the north? MS. BISHOP: Correct. COMMISSIONER MAC'KIE: Sounds pretty reasonable to me. MS. BISHOP: And when that road goes in, they will have zero buffer to Livingston roadway. COMMISSIONER FIALA: Yeah, by the way, two more questions. MS. BISHOP: Yes, ma'am. ~~~~ ~ :.. r~:", -'" .. l '~ r ::..~_:..... I, C ! \ . ". '....:.- I' ,-' l r . ,i..-:~: '_ ~ -:. ~ t f { ; ~ ~ ¡ b : ~ ~ ~ ~ ,":- : " '. . ~ ',;- :.::;:. . f: ~ ~:.:. '~r :;'-: : ~ ~ f F-; ~. ~~; (:.. ;::-. _ 1)-:: t ;_"' r-:.. -._! - _:' I _ ~~! ¡~~~ .. '::.,'.'__::.--'~_~.,;ì_,¡~'._:.:;~:~-~' -,(_~~I.'.':':;' :;~,_·.~t' _~ '.;;:~; . ~: T' ..... t_; ~ r--~ ~~,_::. ,,(:....:, L? :::)~. ~~; " ..,~}. <~~ ,:; lr} r- _= J..l. ~~!_~ _1iJ.....~.:." _:_r:.J t, f: ~ ~ 'J - ,j ". 1..- !....~- ~ COMMISSIONER FIALA: Okay. And the other question, and "m sorry if ¡'m delaying this, but why does everybody seem to be Page 169 Agenda Item No. 88 April 12, 2005 ~age 11fiof 156 Decem6er 12, 2000 worried about the peninsula? The rest of the property nobody is worried at all, everybody's just worried about that little piece, how come? COMMISSIONER MAC'KIE: I think It's cal·led th~ir backyard. MS. BISHOP: Right. Apparently - apparently, which is something that we hear a lot, which I - and I certainly do feel for the people who get themselves Involved in this, that when they were sold their units, they were told something that was not true. They were told that they·· that the developer or whoever sold them, had control over the property of somebody else's property. And that they were told this was going to be preserves forever. Now, it's true that the preserves in their property will be preserves forever. But whoever told them that we could control what somebody else was doing on somebody else's land, obviously was kind of a mistake for that to happen. I personally believe that zoning documentation should go with every sales contract so that this doesn't happen. But so you have to .. I have to understand how they feel. They were told something and I understand that. We've made changes to our plan to be compatible to what they're doing there, Including the setbacks for our buildings will be compatible to their setbacks. The buffers will be compatible to their buffers. And even more than that, we'll be happy to use the same template, the same landscaping template for our landscaping, so . that we have more than compatibility, we have an expansion of ' what they already have. So I can understand why they ··why that is an issue for them. Because they're going to see that more than they were going to see anything else. There's a big preserve between my property and the first units there. They may never see añÿthlng on that site. Most of those units, two buildings, if you remember that plan, two buildings In the four-plexes face due north, and the ones that are closer to 41 actually face south of -- their garages are what we would look at, . their garages out of our back units essentially. COMMISSIONER COLETTA: If I may, I know I've asked this question two times already, and I'm going to ask It a third time, just to make sure there's no misunderstanding. If you're able to build these buildings on the peninsula, can we be assured that they'll be used for your work force housing, for your caddies and ,.-- Page 170 --.-."-- Agenda Item No. 88 . April 12,2005 Decem~~t1~~2Wðo your other employees? Will that be the designated use for this, or is it open for discussion?' MS. BISHOP: It's a residential use, which means it's condominiums. I'm going to suggest to you that it's. going to be a little difficult for us to sell condos on a major arterial roadway. COMMISSIONER COLETTA: I understand that. MS. BISHOP: And that the - that the most compatible use for that is employee housing and for -- COMMISSIONER COLETTA: Could you state that, now, that that's what you would do? . COMMISSIONER MAC'KIE: He's in the hall. CHAIRMAN CARTER: He's in the hall, and I think - COMMISSIONER COLETTA: I would like to hear that stated, because I haven't heard it stated. MS. BISHOP: I'm going to suggest to you that that is their intent, but I'm going to - I don't know whether or not -- how much we're going to have there. If we can only build two buildings that may be a problem providing work force housing. COMMISSIONER COLETTA: Well, one of the reasons why .'ve been so supportive of this is because I thought you were taking the initiative here, and I just want to hear it said out loud that if the space, if you are going to build buildings down at that end, that you'll designate them for work force housing for at least your own residence there, the support group for your residence. MR. CORACE: Don Corace, Signature Communities. Yes, we would agree -. we would agree to that provision that as a part of the multifamily, some of those residents will be our employees, but it's not going to be exclusive -- COMMISSIONER COLETTA: Well, we're a little vague on this. MR. CORACE: -- it can't be exclusive .- COMMISSIONER COLETTA: No, I understand that. MR. CORACE: .- of employees. COMMISSIONER COLETTA: But do you think you might be able to have enough to be able to satisfy all of the employees you'd have there? MR. CORACE: Probably not. COMMISSIONER MAC'KIE: No. MR. CORACE: Probably not. We have over 60 employees .. COMMISSIONER COLETTA: Well, do you think you might be Page 171 ""<J"·<,.<jkll..'¡·i"....f.!Ii"\~ij"',iWIIi\iiI"¡~""'~'~'Mji¡tl%I"",",M',""",,"'_"''''';'''' .-., Agenda Item No. 813 April 12, 2005 Dece~t¥i?~~ÔO able to dó 50 percent? Some is evasive, it could be one unit and COMMISSIONER MAC'KIE: Mr. Coletta, what If he said that at least 50 percent of the housing that he can build ,on that finger will be avail~ble for work force housing? Because he doesn't know how many units -- COMMISSIONER COLETTA: Well, no, I understand that. I'm looking for a percentage - I'm looking for a commitment other than some. Everything's been very vague up to this point in time. MR. CORACE: Well, we can't make a commitment -. first of all, some of these employees already may have housing. ,COMMISSIONER COLETTA: Well, that would be a good faith effort on your part. MR. CORACE: And I think that's the only - that's the only effort we can make at this point Is we can make a good faith effort to provide housing for those employees with the clubhouse, but to stand here today and say that we will allocate -- we guarantee that we allocate 50 percent of that housing for employees, I don't think I can make that commitment. COMMISSIONER COLETTA: All right. My concern is the fact that we have our work force coming from Bonita and from Immokalee, traveling across the roads, adding more of an impact, and this is one of the reasons why I've been very supportive for your project. MR. CORACE: And we recognize that. And that's one of the reasons why that's a consideration for this project, but to say that we would allocate 50 percent of the housing for employee$ -- first of all, we don't know if the employees would want to locate In the -- COMMISSIONER COLETTA: I understand that, but there must be something in the way of verbiage you can put out that'll make me feel a little more comfortable -- COMMISSIONER MAC'KIE: What about -- Don, what about do you anticipate that that's going to be rental versus ownership housing? Do you know that yet? MR. CORACE: No. I would assume -- COMMISSIONER MAC'KIE: Could you identify a price point that those homes won't exceed, so that we know that they're at least in the neighborhood of being affordable by work force? I'm just -- I'm grasping at straws here to try to -- because I _. Page 172 Agenda Item No. 88 April 12, 2005 Page 119 of 156 December 12, 2000 appreciate Commissioner Coletta's .- COMMISSIONER COLETTA: Thank you very much~ COMMISSIONER MAC'KIE: .. trying to get to the right to place here. I'd like to help him. . MR. CORACE: I believe the ... the market value of the units that are to the north at Falling Waters and to the south in Tarpon Cove are in the range of 200,000 ... 250,00, I heard from the audience. COMMISSIONER COLETTA: I understand. MR. CORACE: So we would probably want to make those units more affordable than that, because that necessary isn't an affordable unit. So I would say that it would be a lower price . range. What is economically feasible for us to build, I don't know. I guess -- I guess the question is what is the definition .... what is your definition of affordable housing? COMMISSIONER COLETTA: That the·· the people that you have employed in your... on your grounds there, that they can afford to stay at the location within, you know, on that peninsula right there. They'll be able to live there in the housing you'll build, by the wages you pay them. COMMISSIONER MAC'KIE: Right. So you can tell us .. COMMISSIONER COLETTA: Right. I don't know how more simply you can put it than that. I mean, are these people going to be able to afford, I mean, if you consider affordable housing to be $2,000 a month, then obviously these people are going to live in Bonita or Immokalee and be on the roads again and nothings been accomplished. MR. CORACE: Well·- COMMISSIONER COLETTA: I don't mean to make this difficult for you, but I just have not heard an answer yet, and I stili -. CHAIRMAN CARTER: Well, Commissioner, in all due respect, there isn't an answer to your question. They are saying they're going to commit to do what they can, but I don't know how, if I was standing out there, how could I tell you up to 50 percent, up to 20 percent, up to 30 percent, and does that mean that every developer that comes in here on a PUD, I'm going to ask the same thing, sèt aside work force housing in your development up to -- COMMISSIONER COLETTA: Yes, yes, exactly. Page 173 Agenda Item No. 813 April 12, 2005 Decenlài¡'1.fi~f2ðbo COMMISSIONER MAC'KIE: Yes. CHAIRMAN CARTER: .. up to a certain percentage, and then say this is how much you can charge for it? COMMISSIONER COLETTA: Why not. I think this might be the new direction to go in and the new thought process. CHAIRMAN CARTE·R: Well, I'm not going to go there. Is there anyone .. I'll tell you, I wit I listen .. I will listen to what they're trying to tell me In that they will try, and If they can set aside 10 or 15 or 20 percent, fine. But I don't know how I can ask them, today, to give me a percentage and a price range, ' because I don't think they can do it. COMMISSIONER COLETTA: Is there anyone from staff that can assist us on this? COMMISSIONER MAC'KIE: Got any ideas, Bob? MR. MULHERE No. I have to apologize. I'm sorry. I was engaged over there . COMMISSIONER MAC'KIE: Also multi.tasking. How might we .. how might we reasonably define the amount or the nature of work housing to be built in the finger part of this project, if we were going to be sure that there's actually going to be some work force housing there? MR. MULHERE: There is a methodology that's used, I'm not sure we can do it right here, right now. There is a methodology that's used, for example, In the DRI process that looks at the number of jobs that might be created, based on the number of dwelling units, and normally you extract from someone then .. some funding or some commitment to affordable housing' or work force housing through that process. COMMISSIONER MAC'KI E: What they typically do, Commissioner Coletta, which you'll find out on the RPC, is they usually write a cneck, and then they don't have to build .. provide for any affordable housing on their project, and they've sort of paid their dues. But that doesn't address the issue that I think you're getting to, and that is the social implication of putting all of the affordable housing in one part of the County, and the transportation impacts of that. COMMISSIONER COLETTA: Exactly. COMMISSIONER MAC'KIE: I think you're on a great .. going down a great road. I'm curious to see where it ends. CHAIRMAN CARTER: I don't disagree with the road, but I'm Page 174 Agenda Item No. 88 April 12, 2005 Decem~jtf2~2~ðO trying to get this thing resolved, and I know the developer wants - everyone wants to get this resolved, and when you start talking about a specific percentage or a number of units, I don't know how we can do that. I mean if you've got 60 employees, does that mean 20 percent of the people are going to live there. Help me with that. MR. CORACE: I have an idea. What we would propose is we .. for the units that we .. if we - when we build multi..family units on that finger, we will agree to offer to our employees housing and we would agree to offer them 30 percent of the housing that would be on that finger. That's a percentage that, today, I feel comfortable with committing to. COMMISSIONER COLETTA: I think that's a very fair percentage, but when you agree to offer, are we back to the cost factor on this? MR. CORACE: Well, we can offer them -- well, the cost factor we would have to, obviously, make it affordable for them, if our ... if our intent is to provide housing for these employees, we would have to make it affordable to them, and we would make it affordable to them by means· of subsidizing their rent, if they rent the facility, if they want to purchase, there might be a way we can work out a mortgage situation, where they can purchase that property. There's a number of avenues we can take. To stand here today - COMMISSIONER COLETTA: No. I appreciate where you're coming from now, and .- MR. CORACE: I'm doing the best I can. COMMISSIONER COLETTA: .. you're doing great. You're helping a freshman commissioner through the process a little bit, and I do appreciate your patience with this, and if there'd be some way, of coürse, that we'll be able to document this at a later date, what has happened, I would assume .. and get a report back like four years from now or five years from now. COMMISSIONER MAC'KIE: It sounds to me like this would be an additional condition that·.. as Mr. Olliff was trying to outline them before, but that if a motion were made for approval, it would be with the additional condition that a minimum of 30 percent of the multl.family housing ... as a matter of fact, here's a motion, a motion for approval with the condition .- all of the other conditions from staff, but an added condition that a minimum of Page 175 ~¡""';,'''_'II__",~~_,"'''';i¡¡,!iii<'"''''''"¡¡''''".'';''·'''''·''·'''' Agenda Item No. 88 April 12, 2005 Dece~rti~2ÖÖo 30 percent of the multi-family housing to be built on the property that we've Identified as the finger, and I don't know how to describe that legally, but somebody, you know, we've all referred to It in the map, that a minimum of 30 percent of that property, of those houses, will be made available to employees of the project at a rate of either rental or purchase, that Is affordable in accordance with the salary paid for their position, and that we'lI bring back some documentation that will -- COMMISSIONER COLETTA: Love It. CO'MMISSIONER MAC'KIE: - that will either describe how that will be done, whether it's through rent subsidies or through purchase money financing, but that·s a fabulous step In the right direction. COMMISSIONER COLETTA: And I commend Signature Communities for taking the Initiative to do It. COMMISSIONER MAC·KIE: Absolutely. You guys have done a lot of things right on this project COMMISSIONER FIALA: I'll second that. CHAIRMAN CARTER: Well, you can second that, but I have to go to council and find out if we're okay with this, checking that base and then, Mr. Nino. MR. WEIGEL: Well, It's always good to have corroboration or approval by the petitioner on the record of everything you're discussing here. COMMISSIONER MAC'KIE: So would you agree to the motion that I just made, Mr. Corace? MR. CORACE: Yes. COMMISSIONER MAC'KIE: That means we dldn't make him do it. CHAIRMAN CARTER: So we're all right with that. I think we're fine. Mr. Niño, did you have something .. Yes. I'd like the record to show that we intend to amend two stipulations, the two transportation stipulations having to do with the additional right-of-way for Vanderbilt Drive with no consideration for impact fees, and we'll -- I understand we'll restructure that to accomplish that and the Livingston Road east/west reservation. .(.~, I~~i:.. ~,¡,,,: ..- 1...·~fr-:II~:...'\:;. :~~,\'" ~: '"'"~'''.~~''' - . . Page 176 --,----=-",.,. ... -.., ' Agenda Item No. 8B April 12, 2005 Page 123 of 156 December 12, 2000 : ~~. I l ..: ',f,', :;-: It~, ~.!_\ r ........ " ~ w~ ';~-J.~:'" -==:. -'. ~: . '·-tl::'·~~:-:-:"";"". f,. ~ ' ' ., ... c _~- ~~ . 'r' '_ ~r-:~\I:....:;. ,,' ,·(.1i~ =- (~·rt~·l-- -~ MR. CORACE: There is one point that Mr. Pires' brought up, was the ownership Interest of A. L. Doherty Company. The -- we believe the Information for that - the ownership of that corporation has been given to the County. We don't know the answer to that as we stand here today. If the County does not have that information, we'd be glad to provide it tomorrow. COMMISSIONER COLETTA: Let's make that part of the motion. COMMISSIONER FIALA: Is that a company In Chicago, A. L. Doherty? MR. CORACE: Yes. COMMISSIONER FIALA: Okay. I thought I read that In here. COMMISSIONER MAC'KIE: I know I don't have a conflict with the company in Chicago, so I'm going to not worry about that. CHAIRMAN CARTER: I'm not worried. COMMISSIONER MAC'KIE: I mean, yes, please do provide the documentation, If It isn't already in the file. CHAIRMAN CARTER: Why don't you make that a part of the motion, that they will provide It if it's not already there. COMMISSIONER COLETTA: That would be the right thing to do. COMMISSIONER MAC'KIE: Include it. CHAIRMAN CARTER: Anything else, Mr. Nino? MR. NINO: That's it. COMMISSIONER MAC'KIE: I don't know what else you could get out of these guys. COMMISSIONER COLETTA: They've been wonderiul. CHAIRMAN CARTER: We have a motion, Commissioner Henning. COMMISSIONER HENNING: I'm fine. Page 177 Agenda Item No. 8B April 12, 2005 Decem'ìiir ~,o~\;rtO CHAIRMAN CARTER: You're fine, good. COMMISSIONER HENNING: Yes. CHAIRMAN CARTER: We have a motion, do we have a second? COMMISSIONER HENNING: Second. CHAIRMAN CARTER: All In favor signify by saying Aye? Opposed by the same side, motion carries five o. MR. CORACE: Thank you. CO'MM ISSIONER MAC'KI E: It's a good one. Good job there, Commissioner Coletta. COMMISSIONER COLETTA: No, good Job on your part. CHAIRMAN CARTER: Okay. I think we're to the next Item. MR. OLLIFF: Mr. Chairman, we· need to swear in and disclose. CHAIRMAN CARTER: If everybody, please, quiet, we're actually to item B, zoning amendments two. Everyone who is here on petition PUD 99-13 need to be sworn in. (The audience was sworn.) CHAIRMAN CARTER: Okay. Mr. Nino. COMMISSIONER MAC'KIE: A disclosure, if I could. CHAIRMAN CARTER: Oh, yes, disclosures. . COMMISSIONER MAC'KIE: I've met with the petitioner's representative. . CHAIRMAN CARTER: Mr. Henning. COMMISSIONER HENNING: None. CHAIRMAN CARTER: None. I have met with the - by phone with commissioner's representatives, and I think in person, prior to this being a combined Balmoral & Alexandria, if any of them are members of the EDC, Chamber of Commerce, president forum, I've also seen you there. COMMISSIONER FIALA: I was going to say, no, I've never, but I'm members of all of those too, otherwise I don't know who even is involved. CHAIRMAN CARTER: It Includes Publix and Albertsons if you want to - COMMISSIONER FIALA: No. I've had no official meeting with anyone of these people for this development. COMMISSIONER COLETTA: Not in my capacity as a commissioner. CHAIRMAN CARTER: All right. Mr. Nino. - Page 178 · , Agenda Item No. 88 April 12, 2005 Page 125 of 156 January3!,2005 Chairman Alfred F. Gal, Jr. Collier County Environmental Advisory Council 2800 North Horseshoe Drive #201 Naples, FL 34104 Re: Cocohatchee Bay PUD (PUDA-2004-AR-6786) Dear Chairman Gal and Council Members: The Conservancy of Southwest Florida is opposed to the PUD amendment proposed by Vanderbilt Partners II, LLC, to amend the Cocohatchee PUD Eagle Management Plan. The proposed amendment reverses an explicit agreement made by the applicant when the PUD was first approved in 2000 that construction would not begin in the eagle primary protection zone until the eagles left the nest of their own accord. The approval of the five high-rise towers was clearly conditioned on this agreement. The inconvenient eagles are still there, but instead of modifying the proposed development to avoid impacts to the nest, the applicant is seeking to build within 30 feet of their nest tree. The record ofthe approval process for the existing PUD makes it clear that throughout the process the welfare of the eagles and their nest was a key concern for the community and a large factor in the placement of residential towers and the timing of development. Binding agreements were made by Vanderbilt Partners II, LLC in order to secure approval for the Cocohatchee Bay PUD. Conditions to the rezoning include promises made at the time of rezone and PUD approval that were included in the Staff Report and stated over and over on the record by County staff (Ms. Barbara Burgeson, Mr. Ron Nino) and by Ms. Karen Bishop for the Petitioner. The November 1,2000, EAC Staff Report, for instance, stated, "As a requirement of the bald eagle management plan there shall be protective covenants placed over the primary zone of the eagle's nest and restrictive covenants placed over the secondary zone of the eagle's nest." EAC Staff Report p. 10-11. The transcripts of hearings before the EAC, the CCPC and the BCe show the following agreements: December 6. 2000. Environmental Advisory Committee (EAC) hearing: Agenda Item No. 88 April 12, 2005 Page 126 of 156 Ms. Burgeson: "At this point, the plans for the residential buildings are identified where the eagle's nest is and where the primary and secondary zones are. And they are not consistent and could not be considered consistent until such time as that eagle relocates.. . . . . Once they do, there's a two-to five-year, I believe it's five-year unless the tree is completely knocked down, there's a five-year time frame from when the eagle leaves the nest to when construction could be considered and that tree could be considered completely abandoned. So the proposal for residential units or development within the primary and secondary zone is contingent upon the eagle relocating." Mr. Nino: ''The long and short ofit is, while we are approving 590 units of housing, in fact, they won't be able to build any of those units until the eagle finds a new home." EAC transcript p. 14 . * * Ms. Bishop: "We have no golf course in the eagle's primary zone at all. So that will maintain until Mr. Eagle and Mrs. Eagle find a new place to live. And at that time wherever he goes, ifhe stays on the property, then those zones move with him wherever he goes." EAC transcript p. 18. . . . Chairman Sansbury: "So potentially ifhe [the eagle] didn't move, the high-rise doesn't happen?" Mr. Nino: "They are out ofluck." EAC transcript p. 20. November 16. 2000. Collier County Planning Commission (CCPC) hearing: Mr. Nino: ''there is an eagle in there, and the PUD is structured, as structured, contains an eagle management plan. It basically says that until that eagle decided to find a new home, that development can't go forward. It just can't go forward. It's there, and it will have to wait until the eagle fmds a new home." CCPC transcript p. 53. * . * Commissioner Richardson: "So, this proj ect could not go forward unless that eagle moves?" Mr. Nino: ''No, the residential towers that are within 1,500 feet of the eagle's nest cannot go forward." CCPC transcript p. 54. * . * Ms. Bishop: "Good morning, Karen Bishop, agent for the petitioner. I'd like to clarify just a couple of things, the eagle being the first thing. The primary zone would stay intact, and there would be no development in that, but in the secondary zone, you can have up to two stories, but you have to - you cannot build during the nesting season. So, there would be development allowed in a secondary zone but not the primary zone." CCPC transcript p. 56. * * * Ms. Bishop: "If you'll check your eagle management plan, you'll see that we have removed any golf course outside the primary zone... .His _,__,.~,_"._..._.~_"_.. M ~ I '. () Agenda Item No. 88 April 12, 2005 Page 127 of 156 shopping ground is the mangrove areas and the water areas, because fish is his primary source of food, so - but we will, in fact, move and have done that and committed to that in our PUD, to move that outside of that area until such time the eagle is gone, which is going to happen because the tree is dead." CCPC transcript p. 84. * * * Ms. Bishop: "we would not be able to build any buildings, you know, within those - anything above two stories in a secondary zone, nothing in his primary zone." Commissioner Rautio: "I just want that on the record for sure." Ms. Bishop: "Absolutely." CCPC transcript p. 85. December 12. 2000. Collier County Board of County Commission æCC) hearing: Ms. Bishop: ''The one thing we do have that wasn't mentioned is the eagle, and it is in your packet and I want you to know that obviously we're not going to do anything until Mr. Eagle decided to find a new place to live." BCC transcript p. 144. Based upon this sworn testimony and explicit agreements, the PUD document approved at that time contains two master plans: Exhibit A indicates the proposed development plan including golf course and residential areas. Exhibit B indicates golf course only, eQ.tirely outside of the Bald Eagle Primary Protection Zone, and no residential areas. Exhibit A is applicable only when the bald eagle nest tree is deemed no longer active. Based on these assurances given by staff, and promises made by the representative for the applicant, it is clear that recommendations for approval of this project were based on the protection of this nest. The applicant's request to amend the Eagle Management Plan is in direct contradiction to promises made in order to receive PUD approval. If the developer is allowed to modify the Cocohatchee Bay Eagle Management Plan, a precedent will be set that will impair public trust in County government. As a matter of policy, it would do great hann to the PUD process, which is characterized by negotiation and compromise, if PUDs were approved upon good faith negotiations, but then amended in the future to eliminate those commitments made. If developers can make any promise to secure approval of a PUD only to discard these promises later with the approval of a more sympathetic Commission, then the PUD process becomes a mockery of land use decision-making. Such a policy change would also result in more absolute opposition to PUD zoning proposals and less opportunity for compromise. In addition, the Conservancy believes that Collier County has the authority and the obligation under the Growth Management Plan (GMP) to protect this nest even though the United States Fish and Wildlife Service seems willing to sacrifice it. Because of this obligation, we believe that the original PUD, restricting development in the eagle protection zones, is consistent with the GMP, whereas the proposed amendment to the Eagle Management Plan is inconsistent. Agenda Item No. 88 April 12, 2005 Page 128 of 156 Within the growth plan's Conservation and Coastal Management Element (CCME), Goal 7 states that the County shall protect and conserve its fisheries and wildlife. In order to acbieve this goal, Objective 7.1 goes on to state that the County shall direct incompatible land uses away ftom listed species and their habitats. The way that this is done is described in Policy 7.1.2: Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-agricultural development, excluding single family residences, shall be directed away ftom listed species and their habitats by complying with the following guidelines and standards: * . * (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitat. (a) Management plans shall incorporate proper techniques to protect listed species and their habitat ftom the negative impacts of proposed development. * * * (d) For the bald eagle, the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requirements shall be consistent with the USFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. Although the USFWS is willing to pennit an incidental take of these eagles, paragraph 7.1.2(3) of the GMP does not take away the County's authority or obligation to protect the eagle nest by establishing protective zones and restricting certain activities during the nesting season. It would be inconsistent with the endangered species policies of the GMP for the County to fail to protect endangered species in Collier County, based on USFWS's assumption that the species as a whole in the United States would not suffer ftom their loss locally. Finally, if the EAC denies the request to rescind the previous commitment to protect the eagle nest, the applicant can still construct the project in accordance with the previous Master Plan B. The Eagle Management Plan covers only a small portion of the project site. The developer is able to start work on their golf course and housing on the east side of Vanderbilt Drive. The applicant can also reconfigure the proposed towers to locate some or all of them outside the primary zone with construction of those in the secondary zone to take place outside the nesting season. - -"---'-_._..-~.- , . <) Agenda Item No. 88 April 12, 2005 Page 129 of 156 In the end, the issue is not just about protection of these eagles or the eagle as an endangered species in Collier County. It is about the integrity and accountability of the planning process in Collier County. To uphold the integrity of the process, we ask that you reconunend denial of the modification to the Cocohatchee PUD Eagle Management Plan . If you have any questions concerning the Conservancy's position on this issue, please contact Nicole Ryan at 403-4220. Sincerely, Gary A. Davis Director, Environmental Policy -.-.---.- AgendcPftif:hW ~B April 12, 2005 Page 130 of 156 ,- BosiMichael From: Mari Nelson [marimari@naples.net] Sent: Wednesday, March 16,200511:13 AM To: BosiMichael Cc: Doug Fee; Cece English; Jim Colbert Subject: Cocohatchee Bay PUD Michael Bosi: My name is Tom Nelson and I am a volunteer for the Audubon Eagle Watch Program. I have continually watched the nest in question which is designated C019 since 1997; along with fellow eagle watcher Cece English. The developer has stated that they were not going to build anything in the primary zone until eagles have left on their own accord: I firmly believe that the developer should be held to his promise; therefore I am against the rezoning of this property. I have learned from Lynda White, who is in charge of The Birds of Prey Center in Maitland, Florida, that especially since the major damage from the hurricanes of the past season, the eagles have taken a major hit. As a resident of Collier County I and all concerned citizens should do everything possible not to destroy the Eagles habitats which also includes many other species. Thank you, Tom Nelson 3/16/2005 Agendiftgttl ~ ~B April 12, 2005 Page 131 of 156 BosiMichael From: Mari Nelson [marimari@naples.net] Sent: Wednesday, March 16, 200511:13AM To: BosiMichael Cc: Doug Fee; Cece English; Jim Colbert Subject: Cocohatchee Bay PUD Michael Bosi: My name is Tom Nelson and I am a volunteer for the Audubon Eagle Watch Program. I have continually watched the nest in question which is designated C019 since 1997; along with fellow eagle watcher Cece English. The developer has stated that they were not going to build anything in the primary zone until eagles have left on their own accord: I firmly believe that the developer should be held to his promise; therefore I am against the rezoning of this property. I have learned from Lynda VVhite, who is in charge of The Birds of Prey Center in Maitland, Florida, that especially since the major damage from the hurricanes of the past season, the eagles have taken a major hit. As a resident of Collier County I and all concerned citizens should do everything possible not to destroy the Eagles habitats which also includes many other species. Thank you, Tom Nelson 3/16/2005 "'"co U? (0 'uCt"l 0 U? -- 0 ..- '1- .0 N CL.<..:..-N 00"- M ~ID'E"- ~:::: 0.. ID CO « 0'> <:I CO C 0.. Q) 0'> « "i CG .c .S:! :E .¡ o In ë ~ o 0- ~ E ë( ~ ~ 'S; CtI Ü C) >. ~ ¡'j CtI o 0 CD _ WN_ ill € ID .:.:: 0 c"- oZ ~.c: ð E ~\~ L.-~ ~:E IDe: ~:>;ãi~8 e III III 0 Q .c"&1££Õ¡ ~~~CJ)&J -g ~ ·Š ~ ~ ..0 :> aJ ..., Ii :E « W (\') ..- ..... - u e.. ..;.¡ CÞ :s' ~ ~ ~ 8 : Q o ~ Z c:n C ~ Q ::a: ~5 O£)- ]] >.~ &i ~ "0.;3 ~::: ~~ ..... 0 g .~ ]~ CI) c:: .£ 8 001-< ~c8 a) CI) ~ æ .;3--a. -» M &i 8.;3 ~.~ ....."0 "0 II.) g ~ = 0 ~ !5. ~.s .9 ~ ¡:¡.S .- ~ ê e o CI) o g¡ ..š~ ~ ~.~ .;3g& ~~ gf"O o- J:;:: 0 ~..š 11.)..... ~~ -£ "0 a) &i P- o -ci I-< ~Q, CI) CI);,§ ~(,¡.., ~ 0 ~ (I) '6iJ t .~ g. . ~Q)""'; þ;> >:::: ~ II.) ~ 0"0 II.) ... II.) II.) 0..s~ :2~~ .~ 0 ~ 11.)- 0 = "æ .!:: ~ "0 II.) -.;3 ~ ~ = _ .... 0 ._---~-- 00 M "'" M I I' I' I' I 0'\ M N ~ ;:: o ... 'S ~ d '«j ~ ~ ~ @ .....n 1 ~ n 0 . 't) I-< ~c:;-e (.) ~.~ e~~ 8Š] @o n -@e :;;;_0 ..c::1I.)~ ...., t Õ S ] ~'\ o~~ o nll"l ""'S"'" 00"'" ~u;;:; ~.....;~ Zo- CI) ~ 0 E ~S:¿ ..c II.) n o ... e I-< 0 0 »;9 0 u~ . ª ng z't)@ n = 0 S-do 8~~ óe-a .- 0 a) ..t::u.....:¡ ê@.....n @.s ~ -~ . ..c::ut¡) OO~tIS 'C § u ..c ...., S II.) '"" n 0 U S § @ .'§ 8~"," Z '-1' 00 õæ!c:: c ~ ~'\'õO .~ ~~"æ a) ...... 0 ~ ~ 0 ~'t)e -::;8 ~::a 8 $~ I ~ c. € .. ..c::8,t:: o~ ~ e U...c: S Q, ':". ¡;¡8.....n~@ e~ CI).....:~~u '7M ~ 0 . æ·- U 0 ~ ~'\ "R1 :..g .- \("\ "0 ~ u e - .:: 0 ..g.~ e o.....n U 0 ....>oull.)'t) N CCÛUdr:;t::~~ ~»@CI)"R1-d~~ &:~cc t'®Š ~"Ë\("\ I ~O'\oeo- : o'¡:: 0 C) 8 z ~ : Z..c 0 @~'\ .. =' I t::N ~-r-< : ·e·..cIl.)S@~~.. , "C M .!:; ''::'1 ~ ¡8ö&i0'\:;S.g~ ~ r-< CI);'::' Q, en 0 11"1 o o ~ '-D .... -- M ~C:OlOtO .. .c:oOlO - 0..- °ON_ C""JZÑO VE"'-C'J 0.0 C'J (I; <V'C"- p.. == 0.. <V ro <:( 01 -0 ro c D... <V 01 <:( U) ..µ c: C}~ c:: -- -- U) .....Q) æ~ :E~ t:,CC ro..c: ~:~ O! 0 Q+Z EI= I-fl« o I- ..- oft co 'U c: L.. (1) (1) C)-t-" «æ c: 0 L.. o -t-" 0 E c: 0 (1) - (1) E u.. en -t-" ~ L.. .....E'V"E~ en (1)oð('l')E -r- > _ :!:- 0 1::: u.. ca ::2: C> &. O)..c: « ~.= :Q 0 oC:<CCC§ ('I') ::3 '+- c: .- ..0 0 0 en CO 0 L.. :¡::; . ~ £(¡;ê~E 1"-:.=L..1i)E ~ - 0._ 0 00 c:,., ..c: 0 .- ~ ~ I E 'U ~ § « - :¡::; ~co co U -00 en-J L.. ::3 ..c: r- -t-" Q.) CO ..c: -t-" ..... ..c ..... ca 53 :r:: E'-:"(1) -000) ceca Q.)NW E:!::-o ~CON co m[.9 ; CD ..c: c: (1) (1) ~'.O ð£ 01 ~ L.. 0 Z (J) o.-t-" 01 a.. «a. en .....co (1) .....1 L.. co g> t:1 co ~ co ~~' ~ g "fi °=0 ~ .- N -, E' ~ (J) ~ -COco oð,.~ æ E ~I·~ .c: 'õ all ~ð ~ ..c; 0 '-' 0 ~I 0 0 ~ .el·~~ ~ (1)1 c: ~..c: ::scco..... (1)1 CO CD L.. (I)¡ a.. (1) ~ -: ~ (1) en (l)1-t-" ..c: . - ..c:: c: u ..... I-::J.....c '0 ca (1) °-5E L..U'U (1)0c: =ü(1) 8 ~ (1) (1) ..c. ..c. r- r- V) o o ~ ~ --- ("'f") -I '<:tco:g¡g -0 0 1: "C C <.¡,..I'Q "::> ..- :';::: \I..... - ctS ..... ctS c: 0 .0 ..... '- ......., ~c wt ctSëñ t ('>,Iv ~u)Q ffi 00 :=3§ 11) E"- C"') ctS Q.) 00 s... 0 - 00 ClOt]) = ..- ~Q.) Q.) ~tt) ro::: a. t]) -0 E õ) 0) c.. Q) ._ ~ro« 0) 0) . ¡:::::) C) Q.) 13> OOctSQ.)cE:::JE " ro > oa. ctS:5 ctS ¿ "E t::.S c: a.. '- ~o t/)E t]) ° 1;) ctS Q.) -0 Q.) 0 .- :::::J 0 . .-.- 00 OJ C\'S .~~ .r::. ..... . ~ t/) C· - 0 « s... .r::. w "Ew-o.....cQ)ctS 0 I- s... > .~ ctS 00 () .. o;=Q)s..:m~Q.) m ~t:: Q.).- E .- 0 "0 co . ~ c.. Ü w:5 Q.) ..... o Q.) 1: Q.) ~.c: 00 Q.) .r::. 0 ~ E ~ ..... .r::. == Q.) C m c... - ..... C) .c: ~.g I-õ)mo :::J.....m ..c s...oc_ ..... . >aJ 0..... 0-0 E 00 -:::::J :.¡::; c .....wC)Q.)Ec~ 0 "' 0 . ..... Q.) . -.c c 'UQ)w~ :::::JOO ..... (1.) ...-.. ::: w'U..c~wC'OQ)Q) Q) - C\'S E Q.) -0 ~tt)~ ~wtcctSQ)=c ;:§3:'Uo~c .- COe:::.:::: m .- O:::::J - s... ctS m (1.)'- Q.).r::.ZO~ctSo"'C °0s...Q)°0Q.) 00 (1.) g,.9 008,:5 Q.) N:5 0 ..c..... . 0 0 ..... C 0 ..s:::......Q) ..... ~ C Q.) 3: 0 :::::J Q.) """CO -:5~c 0 """"OU 4:=.cO.c:°...c:OW Q.) Q.) - 00 m ._ N .~ t:: ~ Q.) -0 . - ..... - 3: ~ > Q.) Q.) C) -0 Q.) -Q.)o'Um Q) m >cQ.)E - "02:Q.. .....~:::::JcQ.)Q)Q.)oo .c Q).- s... C N o s... C)m ..c Q.) 'U (ij :::::J. ¡:: ° ~ (1.)'" ~ Coo.....m.cU)s...O) 'U>_Q.)Wa.N s... c:: ~ (1.) Q.)moos........O:::::Ja. CmC\'S..c~O)~ Q.) .Q c:: >Q.)SQ)0:5Q.) ctS...c: 0 0 ..c m .c ~~~ ctS.c 0 a. C '- 3: "'C 'U Q) O. - tt:: ..... "'C E ...c: = "'C ° -0 0 _ ffi --ctsc m êv co.c ......- c Q.) E 5.s: 00 .;= c Q):5 u. 00 ..... . ~...c: - 5.. 00 "'C 8 0 0) :::::J>O .CDrn c Q.) ~'S ~ C)co~..c~c:..... cts CD I- 00 ~== CD - s... -..... :::::J 0 C::.Q.9 m°s... w 00 a.. > . CD ('t') C.c 00 ~oCl) Q.)·w s... Q.) Q) 2 ~ c mOOC-:::::J c: ...c:Q)tQ)oê5~ ~ ...... (1.) w ctS.r::. C) Q) 0 (\)1:) Q).- Q) ..... C s... s... C :::::J C) C'O .r::. Ü C ..... s... ...... ..£::: . - :5 E ~:5 cts 0.5 ~ octSa.......s... C 0) (\)...... u ooE 3: o.r::.ooo ~ Q.) ..... C) 0) 'U ._ a. :S~~ ...... 00 == .5 == :::::J "'C 0 .- 0 0 .c 0 0 00 :J ooo€s...oo:= - o ü =æ ~.~ C\I B ~ 0) ~ c::: Q) ~æ. Q) ð ü ;= .5 > ~~ CO C) ° .c .c: Q) 0""" C -0 -0 ~ Q) co 0 '+- c: Q) ........c: s... . - C\'SWæ~cCDo "'C -c::......~ Q.) . - ..... -0 "'C ..... a. 0 Q) 0=:3 .r::.ccC\'ScC) E .5 > C'O C\'S:5 _ ..... C cts C\'S C .2 C) ...c: "Oo~ - C\'S a. E .- .c C - C) aJ -..... c: ..... Q) :s....:¿ w - - C WC) - s...ctS3: s... "'C a. 00 00. - :::::J:'¡::; ..... .- 0 Q) CD ..c 0 2 ~1: s...Q)~m~sa.CD c 3: 0 Q) a...... CD o..c0ws... ..... ~~ ° .r::. C) 3: C).c s... CD :u Q)N£ Q) s...CD C 3: ..... cts .....' cts 0 :J E w.r::.s...ctS>CD.r::. Q) .- Q) -CDCCDcO ..£:::- Q).....Q)...c:CDC..... C) ......"0 en -5 "'C Q.) CD '- C) c:: C).c ° "'C .0 C cts (1.) c:: CDf'..(ijE.r::.cc: ~.5 E 0 Q.) ~ 0 .r::.~ .....:..... 0.- CD c:: co ..... .c . -I ..... . - "U m 'U Q.) 8 .r::. .- 4: .r::. 0...... .r::...cs...Eo~o V') aJC:O .....EO) I- Q)~ o .- Q) 'U 0 :JQ.) s... _ :!:s...Q.)E.....c...c: 0 N ..cOO~J2E ~u 3: ctS...c:oooa. -- \0 ~""'°c.O:J - t::t::c_ 0 ::: (\) -- O:J_ctS 0 Q.. M Zoo 0 "·'·'"___"'v"i""""~_'" csl -..tCO~~ ., C") 4-< CO 0..- (D °ON_ Z -0 N -..t Nl.O en Q)E"-C") N OOClJ="- .- +"" 0 ro == D.. ClJ .c CO ~ ctI <:( OJ +"" N -0) ~ -0 ctI 0) .c: C") c: CL +"" ~ 0 ClJ ::s 0) Z 1i) .c <:( en LO en C1 ~' ~ .c: .- Z 0): C) c ~ .- CO 0) - CO 0) "'C 0r- e: +"" .c: CO "'C oð Q)e: +"" Q) Z .¡: 3=-ê e: ~ ~ 0 tJ) .- c;= 0 "'C +""0 C +"" en c CUo. E ~ +"" 0) =E ::s 0) r.J) .¡:: 0 tJ) m '+- e: ~.- 0 3= ...... ! 0 0 CU 3= 0 o¡ 0 - ceo 0 N' +"" c: C) e: ~ 01 ~ Q) 0 .c.c .c ~ +"" Q) ::J 0 .- 0 (1)- 1::3= t:~ .c ___I 0 .- tJ) +"" . c:~ Q)! +"" ~ m 0 o 0 co ~ Q) oi 0) 0 0·- . +"" +"" 0·> > c Zc CC~3= ·-1 c Z o 0.- o ::J ~~ +""o~ t: .- 0)r.J)0 e>o c M ::J m è: en ~r.J)~ O){) 0 c 0) N 0 --- Q) c: o«~ tJ).0 r.J) :¡:; .- ~ --- ~ +"" tJ) Q) '+-O.c =Q) C:tJ) ceO) (/) ~ 0.c 0) tJ) co"'C.8 .- 0) 0·> 1:: o+"" N·- tJ) e:, 0. ~ @o E·- o ~.~ EI "'C .- 0 :¡:; 0 +"" ~ () e: ·0 E +""mQ) ::J! +"" C m ~~ .- ~ 81 (/) ~ en 0 ..::tt.Q)+"" "'0 m Om o Q) m 0 e: 0. tJ) 0) 1:: COce ::9c .- m --1 0. 0. +"" 0 +"" en m ..c: 0) c c: c:: mm ;: 0. m m 0 E t: m·- "'0 c: .- .c: - 1::C "'C c: ---I "'0 0 00.. o c Q) m c: Q) (/) Z .- ........... "'Oi "'0 E o.~ "'0 ~ .- ::J ~ - .c: E 0. 0. c:¡ +"" 0 0 tJ) .- Q) --- .- ~ ~.c: c: 0 E 0 .- m (I)+"" 0) Q) 0 '> >(¡) r.J) 0 .- ~ > m () tJ)- m r.J) J2 . - "'0 ..c: Q) 3: ~ +"" c: Q) 0.. Q) m Q) en 3= ........... c ce tJ) ~ ~ ..c: m Q) - 0) .c: 3= t: a.. +"" 0 0 \r) Q) Z 0 0 en 0) c:! N -- 0 CC 3: ~ +"" ~ : c: ~ ~ '0 .- - _ro:g~ ~. 0 T"" ; '1./.... _0 . .'\1 (,D C!)t:T""M ~2:¡:: T"" ¡:l..- Q.<V ro « 0> -0 ro c: a.. <V 0> « -. Q; cu .c .!:! :IE .¡ o ŒI 0 ::) a. >. m :g ID Q) c: <V CIÌ .r:: ::J 0 I :E m ëñ .r:: '" a. 0 @ M U 0 10 'P () ..I<: 0) 10 \0 Q) ..!!!. 0 = .r:: 0 ë u N 'C: Q) "0 \0 E ;¡: ..... "Q .r:: c:: ¡¡¡ ~ CD .c 10 E E :E ãj m ~ CO B >; "5 ~ 10 c:: -g ~ 0 "Q E c:: ( ) ïi) ã) CO ::J ° (J) f- CD a. .... Co> e .... . e c {Æ 15' . :::I u.. CI) en .r:: C/) :ë ëÞ Co> C IV 't: 8- .5 ,~ "0= cc:: 10'- æ'" ,5 äi 'ª~ m'(3 _CD ~£ Wõ ~E Æ~ <V c ~ 8 .r::CD B£ - "O::J <Vo I/).r:: ~~ ,~ u) tU~ e?~ 10'" I/)W !Q:!:: 0..8 "'- c: 10 'c, '¡;: C/)<V ~~ CD-- .r::"O f-8 -ci-E...: ....010 IE .c 0) .r::"ÉI~ ,~'G) ¡g B ~'ë 'õ EB >...'0 >.CDc:: Eðõ m",.c .r::J!1", ...... 0)'- ~tU'" ::JCDe? I/) 0) ::J CD£m ..I<: æ<V ~.5 t; 0) U .eæ~ 1:: 'I- .~ CO 010 ~ ~ E "Sij¡-g .ccoro æJ!1 - .5 0.,2 â)CD~ O).e ::J E-co "00) O)co.c =.r::0) 'O~m c::ro= Q).r:: æ =ãi - .5 ° ni CD _Q)CD J!11i1~ .cO)o ro .r:: >. ~~.Q, -'- Q) g g£ .- co- ;;:1;)0) ~O)... _c::ro j ë ë ° o ~ .... '" ::J E ~ '(3 ;ä ;p ::J m ~ ... ::J ° .5 .r:: i e C/) - o c o ïi) ° ë.. x CD Q) .r:: I- ..n I"- - ° 1;) ~ 10 ~ CO '" u) CD c:: ë...Q ro~ ZO) €äi Oæ Zx 0) 0) £c:: c:: 0) ._= 4::.... J!10 1/)..... m~ ~ 0 ro c:: CD·~ c:: .1: ~1ij o.~ ~ 0) ~.c ~õ ....c 0;: CD ~ c:: '" OCD ",ë.. .- ro ~~ 1D0 g¡~ .etU ~CD ro.c .r::0) 8£ 85 c: 10 ë: E 15 ro J: J!1 OJ 10 UJ '0 (ij CD 0) .r:: - .9 '" ( ) C/) c:: ro .r:: U >. c:: CO ( ) ð ... a. c.. 10 Õ c:: o '0 Q) '" :g ë: cj c:: ",\0 B~ '-'1:1: ~ - - 0)>. 0) .r::(J)~ Me:: .g 0):> 0 '" "O:!:....o ~i' -« ã) ~ T"" ..... M I 'iij .1;: C::T""~~..... "'-I - >V 0) ~ ('I) ......- 0) ~ C/) U ('I) ~ 0( It? e::l E~.g¡..J~~~~ ~I - S2 ° = IJ.. \0 I() CO CO '-1 '" ;pO -1m UlfZ "E emU :3 0) C") ~ .:..: '-:'1 10"0 E ~ - C") N .E '- I OJc:: 0)0 Q.N CO & 8L~ ~ ~ -B.~ E ~ I \r) o o ~ \0 ...... -.... M ......COlIJ(D .. .COolIJ - 0,,- OON_ ......ZÑO Cl>E"-[;; ~2 '"E"- p.., - 0. ( ) ro « 0:> "0 ro c 0- w 0:> « c¡; RS .c CJ ~ II) o en :!: -Q. ã) co c: M ¡¡j éó ~ Ll) E g 8 N @~ Q $.s::: ::> .... ~ Q. ~ ~ ãj ~ g """ co .s::: >. .s::: .s! Q) co 0 ro :;; -g ~ iš ~Q)ï¡¡o (.) ;j 0 0 u.. I- CD U - u 'E' +: Q) c :S' e GI ë ::s u. ( ) I- ( ) Q ::J Q., a,) ..s ..... o E a,) .§ c a,) ª - =E en en :.š c ..... ~ ~ 'S ..0 '";3 'g ~ o u >. § o - -0 a,) en o 0.. 0.. o a,) 1a ~ ..0 ¿ o '" ~ a,) .... c :E - .~ 0.0 C ~ '5 ..0 '";3 -Ë a,) -0 ..... en ~ a,) :õ 'r.;; en o 0., 0.0 C ] Ol) ~ 0.0 = 'fã a,) ..s:: 0.0 c '§ o u §- a,) ..s "'0 c a,) ~ - o c § u .§ a,) 0., o - a,) 0.0 § ...c u ~ Ol) c .~ .Q '";3 B 13 c;i '" a,) 8,1a ê-.Š - - o '" c'l:: a,) 0., 1a ~ a,)..s:: ~'§ § ~ .~ >. ::E '" a,) ~]> ;Sa,) c a,) a,);S ~ a cl3 o '" ..... a,) t) c ...... a,) b..s:: en _ a,)-o .... a,) a,)1;i ;S c ~'§ ]~ en .... .... a,) CI>;S 0.. ..... o a,) - '" a,) a,) > u a,) .... -0<.2 CI> ~'";3 ·B '" ~ 2 c 0.0_ ~..... CI> - . a,)§:g ;S 0.0 ~ - c ~ 1.):.a a,) v:::=.s Õ ;j 0 .... ..0 .... g.~ .5 ::! 0 '" = 0.0 a,) B.5 õo =:E ~ .g g >. --..0 o >. ~ ~..o..o 6' s 0 ~ a,) ~ t:.s: 0_-= o.,uo.o '"' a,) ;j S'.... 0 '" 0 .... a,) s.. ..0 ~ 0 1a - a,) a Q >. ~ ¡,L .:!3 n ¡..... ..s:: .... ¡.....- a,) ....... C ~ 2: .~ ~::E~ -=0-0 <J5'U § a,)-o ~ uc¢:: § ~ a,) .... i>:>- C/)¡:;- § a,) g u 0. a,) .... 0 > ..... .... CI:S u 0..-= Oa,)>. Z;Sa,) ....,:E..s:: a,) Ol) ¡..... -o;j . =o¢:: ;::J..o2 ::f o >. ª ~ l(') o o - - .ê' ã) ........ t: Q . ~~s _.~ - a,)....J~ ~....~ .....,.g~ ].<~ "'0-- a,)oª, ~~z '" ;j o - c o ';:3 u g '" c o u -0 a,) en o 0., 8 0., a,) ;S ~ o ê- s ~ - ..... ~ s .... o :æ s a,) a,) g¡ a,) õ.. a,) :õ 'r.;; en o 0.. ..... ....... lfì o o N --- " _ro~tg ~o..... >.¡g ~õ NOO æ¡..... °E"-"" ~ 01) Q) = ..- ~"c ~== 0. Q) ° 0 ¡:l.., ro « 0') 8:.s "'0 ro c: a.. ° 01) Q) ~.S OJ « ~.c ~~ t:O:.a rJ) .... .S ° 01)0 01)0 .- ,þ ~OI) ~.S ..... >.<1:1 = 0 ° = -0 0.s Uc..-. o ° .s"æ c..-.;> ° ° ë 8 o 0 -0 .... .~ g~ ....- C':I<t:: rJ) C':I ~ ~ ~ .sOl) ~ = ° '£1 ]0 ::s = ° 0 >..s ~ = .s .~ ~ ~ : ° rn 0 "8. 0- ~~ ~ 'o. 8 ~ ..... .c .... o.s 0 .c:. ..... 8 E ~ ..... 0 !3 (II ~~-g 8 :ï: :ï: ° ci ( ) ~ >. 0 a.. c 'S::ao § .c:. co 0 .c·s - (II .... ~ Ol).c "æ .-::: » åi @ = 0 ..... 10 VI ''¡:: .9 .c ð 0 0 VI ~ ~ õ 'I;t 0 (II 'o. N a. 80..= g[ .... VI 'I:t 10 c 0°-0 .Q .... '0> "cv:3 .... >I 0 0 :e. .c:. C) ..... ;> 0 ª ..... ~i ..... ~ ~ ~~f.;j aJ 2 . IV (II ãi ¡:¡oo :::::I :ï: c: ~t~o - (II (II 0 o.s > C'-. . ëa a1 >. .c:. C) ~~] u 1:: cu ~ .!: .c~~_ õ:8 "0 IS. .s <1:1 ;¡~t:O_ ãi IV VI ã> 0-· \r) .Q Q) ïñ ( ) 0"æ~ ~~í9~ -& g 0 co 0 ~ 0 :ï: .co~ 0 .r:. a:: co -0 < '6Q~ ><-i N 0 .0.; õ.....o ~C':IOI) ~ -- \0 i CJ §Ol)o t:~~~ 6>- - Ë Q) .~ .;; -- '¡ .;.¡ :s' 0.c - 6'~ M e c ~ :::::I °0- .c;¡\Oª, 0 Q) rn o N'g o¡.....! ''--'- m 1.1.. rn ~ ~ ::s ~~~z BosiMichael Agenda Item No. 8B April 12, 2005 Page 139 of 156 From: Sent: To: Subject: harlowjr@comcast.net Tuesday, March 15,20053:58 PM BosiMichael Cocohatchee Bay PUD Mr. Bosi, I am writing to urge you to vote against amending the Cocohatchee Bay PUD, to allow full time construction work. It is obvious to those of us who are either seasonal or permanent residents of Tarpon Cove, and who drive Vanderbilt often, that the eagles on the proposed development site are still present. It is equally obvious that the develolper gave his commitment in 2000 that there would be no work until the eagles were gone. The continued protection of those eagles is invaluably more important to the environment and to this area than is enriching another developer via the construction of yet another multi story concrete and steel box along Vanderbilt. Please vote no at your Thursday, March 17 meeting. Harlow Gregory 965 Tarpon Cove Drive, #102 Naples, FL 34110 11 Skyline Drive Ogden Dunes, IN 46368 1 ---..---- BosiMichael Agenda Item No. 88 April 12, 2005 Page 140 of 156 From: Sent: To: Subject: Judy Ruffing [JudyRuffing@comcast.net Tuesday, March 15, 2005 9:27 AM BosiMichael Re: North Bay Civic Dear Michael, Since my Husband John Ruffing and I, Carolyn Ruffing will not be able to attend the hearing on Thursday concerning amending the Bald Eagle Plan to allow year round construction, we want you to know that we are very much against the developers having the legal means to build on the site therefore destroying the nesting of the Eagles. Thank you, Carolyn Judith Ruffing - 1 _00 LO t.D ,+<COOLO o .0"- ON- _ZÑO ~ ..- ..- _'<t .... .-..- ,"'..... '- p... - 0.. CO « Q.) -0 01 C CO ( ) 0.. :;f ~ <D o o ..- ä; ftS .c CJ i '¡ o m L() o o E N 8 L()- Õ .I::. m (J @ (¡¡ iû' ~ ã) ..... - (\ ::J ¡¡;--£ (¡j "C ;;:: 0. CI) "'" C II) ïi) Q) :¡ 0 .. ~ II) Ë ,¡.¡ ,¡.¡ (J Q) 0 c: Ö :ã' 0- Q) LI. m :::I I- m I- Z W ~ W W 0:: C> « ...J « Z ª 0:: o 0:: W 0.. CI) « z <: ~ w 0:: o ~ W ...J ~ W o ...J « ID a:: o u. C> z z o N o .... o::~ 0::s ~u. ::sæ CI)...J zo.. >--« wC>z 0::C>8 ~~..- ~...,.o g :::z 0:: ~ if ~ o 0:: u. ~ o ...J ...J « o ...J ::> ~ ~ :2 ~ w o o U C> z Z o N Z W C.9 Z « J: U >- z «1= wCl) Cl)w Oz o..CI) o..w O...J -C> !;cì1] ~o ::>~ 01I) >- >-w w :æ::I: 0:: o::~::>::> ou.ou. u.o>-~ ~w~º oZzO:: ~0<C~ ::>NJ:if o>-~ >-0:: C>~ z- -0:: 1-0.. Uw ~J: z~ o a:: u« :æ:w «z _z o ¡::: ü ::> a:: ~ CI) Z o ü or) o o {" l ~ --- M _aJl..(')(.O ~Ol..(') ::!2 .!!! 0..- ,,- :J ..c: .0 0 ... " N :¡:~( , L.. I )E..-N bO '<t 11)1- 010 ~1B=ë:-.:- ""L.. I:: ï:: ¡:l., - Cl.( ,) ( , ¡¡)~o. ro <{ 0> "0 ro Et)u( , c a. .- ( , o..c: ( ) ~I::I-'" 0> <{ .- 01 E·= . I:: ( , ... .- E .t: I:: 1:) 0'" ( , I:: U C (/)·Ü o ~ II) ( , ( , .t:( , o.L.. ......( , ..... ... /tI L.. 0 /tI1I)1tJ,- .t:( , 1I)0 ....-( , > 1:) 01_ /tI ( , /tI 01..... .c( ' /tI1:: '- ( , ( , .- E.t:( , cv 1I).......c..... .- ( , ..... 0 1:J::( , > 2:-.t: :: ..... ( , :¡:.c: 0 > :¡: I:: ( , 0 E~Eo /tI .- ( , ... .....t:U¡¡) ...:J- . L. /tI "C ... ... '- /tI /tI II) U o I:: I::e 0:::.280 II)........"C II) U - ( , to:J/tI..... a.. L..t: U ... cv 11)(/)0- I:: 1:..... ( , '- 0..... L. OIU 1:::::1 ¡¡) 0'I:¡:( , 0..... .- E II) ~o.......c:( , ..... = .- ..... I: o /tI E'~ '- :t:.8E1:J~ O(/)Ocv..... CVIl)U~1: > If. ItJ - '- o ( , o.( , UII)"CI:'- I:: .= /tI ( , to g,15:E,g :G ....- >- - /tI~"C~~ 1-.....1tJ.t:( , ::E I::O~.....( , .- to <{ ( , ~ñ;.c:5 ,.... .~ ~ ( , ..... ( , It) co~tî:: ö - :::I.c:: ..- ( , ( , ..c:...:¡: It) »........ 0 o ~ ~~ E 0 uQ)..Q.....:¡:; N Iñ C..c: Q)..... U E 0..... > 0 2 0 e-E( , I::..... ~ .c:: c /tI "Coli) Õ ~ .2 l-eQ):¡:;1:: ( , 10 êJ ......c::/tI0 > 10 ::E Gi L/').........._u @ cv ~ V1 0..... ï:: ro ë 01 "C .- - 0 1§ >; .s:::. Q) I:: > ItI 10 U c.. ..... 5- ItI ItI .c:: ( , ã) UI -c :iË ( , ItI Q)V1 In oc:i; :::I UI ïii Õ! 0 ex> ca u ( , ... '-.-..... 0 .c UI ::I 0 10 "Cltlcv...............U 0 ¡;::: f- a) W I: c: I: I: >< c: "It .S:! ,¡,; o ... 0 41 Q) ItJ ~ :E CJ U4IïiiEEVJg, I V) E ( , 1tI~1I)....."",cL.. M 0 '¡ ,¡,; :s- In - '- .- ItJ II) 01 0 e c ~ I:I::EEE~I-( , L/') N - 0 ( , ::I ~8EEEeL/')ë..~ -- m U- rn rn V) Q)oooltJ~ro.-4 ..... .... '-UUUUOIZN -- M ......aJ L() (D . =OL() ......- 0 ..- °ON..... ......e - 0 N ~.F = ~ ~.i::~ A.. - 0.. Q) ro « 0'> -0 ro C a.. Q) 0'> « c¡; as s= .~ :=E '¡ o m E ~ ~ ¡:;¡ ct ë E 0) Q) <§) å:) E u "C :ö It) c __::J 8 Q)E u N < :ö It) C ::J ...... -J..c: :::> !::? a.. ã51U_$ "C ~ Q) ..c. c: ....:- ~ .B C\'I ãì.2 C\'I ~-g~-§ Q)Q)ïñu ..c. ::J 0 0 en I- ro C) '0 ro~ a:I~ roes .5 E C'l0 ï: ......, o ::s - 0 ~>- :e~ Q).E Q.Q) ~.o Q..II) Q) Q) L. E ::So -:UU c::!::! .2' c: (f)Q) t;¡-.J:: L. ~ ~o t:::> 1tJD.. Q.. Q) .....Q) ~-5 ......... Q) ItJ 'O.J:: c: 0 ItJ U >0 C'lu c: Q) ~£ c:..... Q) ° Et ItJ ItJ to. 011) Q.ItJ 0.0 ~o ....0 ON ~-= ° c: '0.9 Q) ~ ~.- .....E ItJ E .J::o .....u ::SQ) 0..c. >-..... =>- ,8.0 0'0 .....Q) .!!! ~ Q) L. C'lQ. ItJ Q. II) ItJ II) C Q) ItJ Eë: (1)..... :ë~ ~E o Q) Q)C'I I/ ItJ ° c: Q.1tJ 5~ 0.2 Q)C'I ..c: ItJ I-UJ ... CJ CD E'" :ä' e ¡ ö = LL rn .... en I/ 2 C'I ItJ Q) C'I c: :¡j II) Q) c: Q) .J:: ..... :¡:; c: ::s Q) c: ° § N II) ~1tJ ItJ 3: EC'I .¡: c: o.¡:¡ Q) II) .J::IV ..... c: c C'I .- c: '0 .¡: ::s ::S'O .oQ) Ó § C N 3:!~ ::s ItJ 0'0 ~ c: >-0 Q) u .J::IV .....(1) 'OQ) Q).J:: (1)..... E .= o >- L. - o.C: .... ° Q)'O 0.= ° ::s ãj.o ~3:! '05 ~~ .....>- L. Q) O.J:: -..... ..... , c:..... IV ItJ C'I.J:: 1tJ..... Q)C'I .J::-= ..... :: '01tJ c:.o ItJ L. ....' ° ~ '0' .QO IV U > u IV ItJ 'Oc: IV ~ .J::O ..... .... :t:' .~ 2£ (f)..... L. 0 ::s..... 0.... >-2 II) c: 41 ..... .!:::! 0..... j!J'ü c: Q) Q)C'I 'O~ ëii 41 41 > L.. ItJ 41 41 .J::..c: .......... 0..... .....0 ~:ß Q).J:: (f) II) ~.~ Q) =..c: ~..... IV '0 C'lC: ItJ ItJ II) II) :ßÆ E a:¡ L.o. ItJ II) Q)'O u~ ItJ IV ,C'I C c: ItJ ItJ õ.-g -IV ~..... .- ° .2' c: es .Q ..... Q) U ..c:Q) ..... ..... 'Oe c:o. 41 L. E 41 ItJ ~ 0..... .....::s C'l0 '=c a¡ .~ L. g~ >-1tJ .o~ (f) ItJ L.. .... IV 41 o.~ .Q 0 410. >'0 41 c: '01tJ Q)>- £41 ..... c: o ° _E ~-:u Q).J:: .J::..... ...... 0>-' ..........~ 'OC:c c: ::s ::s 41 0 0 .ouu ::s Qj 41 0·- .J:: >-= ..... .....0..... -Uo U 15 ::stO ....J::sY"i ~o,...¡ ....u~ ~ ~-J (f).Qu.. '0 ItJ ' c: ..,. (f) 1tJ"2 _0'10. =COItJ a:1MZ lr\ o o (" I . -..... ('<j .....a:J~(D ~.O~ 0..... :\J..... .0 :!:'rE ~ '<t æ'á3 'E ~ p.;:::: a. Q) C'C <t: 0') "'0 C'C c: a.. Q) 0) <t: .- ã) C'G .c Co) i 1;) o m ~ c ..... I/) ~ E o t) @ c: 32 t) E t) = >-.s::;, ê E:? æ c C1I - õ.. ~ :2 Q) o ItI Q) :2 ~ {j ~ ~~:¡¡Q) ëii Q) "(ii "0 U ~ S :rg Q) .s::;, .... $ '(3 'j ~ Q) ~ C1I -I u:i C1I ~ C1I ... Q) .s::;, - o ,S ë Q) E Q) a. o ã) > Q) "0 ..... Q) s::. t: .2 ... .e "0 Q) I/) ::J Q) J:) C Q) £; IÙ o ItI a. I/) C Q) a. o I/) "0 Q) Q) c: o U Q) .s:::. I- ã) I/) o ::: ..... ¿ 3J ItI 0 õ.. tš Q) ... OJ ~ ItI ëti ~ ~ ..... "iiš c: ;:? J:) r3 >-'"' Q) .....Q)Q) -£ Q)C> a..S'1: "0 o~o ~ ã)oQ) E >:2> ItI {gQ)o ..... Q) ,!:: U 0 o .s::;,.!2c:..... c:.-UQ..... °ë~"'O~~ "OQ)I/)I:C'C Q)"05C11I-~ iÊ~:ð.ê~~ ã: 0.0 ~ ;:? z I: C1I o ¡a :; c: o ëñ '(3 Q) "0 ItI Q) J:) 'j :2 <t: ...,. 10 ~ 10 o o N ~ ..... ,f.; C,) GI E ~ :ã' ~ ~ ~ ~ ..,... o o N -... ..,... - -... (") _4~h....'__..'N...."· .-R5 LD C.D .5 OLD ~ ,0"- c: CON_ ( ) ~ _0 ( ) Nl[) .c ~;~ en ro tI:t:: c. Q) ~ ~ « OJ c» ..... "0 (t ( ) c: a.. c: ! Q) ;I OJ ~ « ( ) c: a. 0 ::J C'I 0 c: ~ ·Õ .~ C'I "t) c: c: 0 CIS en ..... a. c: Q ( ) ~ E Q C'I 0 c: CIS 32 "ã. 'S ~ .c Q :!:: Q c: u:i ~ ~ Q) C'I :ä (t ::J 0) 0 0) "0 £ "0 CIS Õ ~ .æ "0 c: e CIS a. ri. en .9 ::J ::J ~ 0) e >- c: C> ~ 0 "0 0 u) ( ) 'S: Q .c Ü r-- 32 >- ..... ::J CIS M 0 (D .r. >- en .r. CIS C'I t:: "0 0 ~ c: . .- >. Z ::J .r.O ( ) ~ ~'C .r. l- ( ) 0) - c: >0 - 0 0 W.... ~ C'I ( ) 'C: c: ( ) 0 ( ) ~ E>. .c E 0) o c: ~ro 0) E ro ... E Q O).e :::¡;¡ ~ ~ a. .... > 0) ro "0 m~ .r. - r-- ê c: "0 V ( ) 0= Ö "0 ~ .....~ ..... c: CIS en>. E 1.0 .!!! .9 ..!!:!c: 0 1ij C'lro 0 0 Ü ( ) m~ ~ N :ä c: Õ >. ro 0)0 .~ V c: ro 0 ( ) £.... @) ..... I- .c C'IC'I en ~ w « ~ z að Õ C:.5 ...J '- 0 C,!) !'II ëii :;: '(ij c: ~~ C,!) 0 :::¡;¡ US 0 0 !'II ~ .~ -0 "0 .r. en (t c: c: Z :>; 0 W - (l .!!! w III ~ ...J "0 o (/) ~ "'(ij ~ "0 C> "0 ....;¡; .... ::¡ c: ¡¡¡ c: c: ( ) Ü V) ftI « 0 0 « ro ro 0... 0 ¡¡¡ > 0) a. .c ü ~ (D W "0 "t) .!:; 0 >- 0 0 c: CJ "ti (D c: c: .r. :>; ~ r' !'II CIS c: _ i ..; .c .c .- en ~ ~ E CÞ ~ en en ( )O) ::J að .~ - :ä' ::J ...- ~ ::J ro 0) en 2 e Ö :I ... .r. ~ 0) a. ëü M CD CIS ~ c: CD LI. en I- en ( ) >. >. ~~ èi5 C> 0 ~ ~ Mar 16 2005 6:12PM HP LASERJET FAX Agenda Item 1\I3.-åB . April 12, 2005 P~e 146 of ~ø--- 3·!Cp ·QÙ . ;()~ ~- /1/ ¿ ~ þ,iJ/AlS/ -~ =." ~~ þ~ 6~ &; /J1~ct Ph4. J::;.;rk¡ -- P;-CLfL¿ &e-Lle r /L/s-~o Ad ?ðy RuY) . /1~ If/ .~ 31/130 "-'- . - ......~,.- ~ LEAGUE OF WOMEN VOTERS* __ OF COLLIER COUNTY Agenda Item No. 8B April 12, 2005 Page 147 of 156 March 4, 2005 Mr. Russell A. Budd, Chalnnan Collier County Planning Commission 3301 E. Tamiami Trail Naples, R. 34112 Dear Mr. Budd; RE: PUDA-2004-AR-6786 Vanderbilt Partners U, LLC The League of Women Voters of Collier County requests that you deny the request to amend Cocohatx:hee Bay PUD for the limited purpose of amending the Bald Eagle Management Plan and related references In the PUD document. While we are sympathetic to the bald eagles, the issUe ~ you at this time is one of faith in the public process. It is imperative ttIat statements made by the applicant's ~ alàti,m (and County staff) when the PUD was first approved in 2000, which became part of the public record, be adhered to by the applicant. If applicants are allowed to agree to one thing as part of the initial approval process and then pennltted tD change those agreements at a later date, the integrity of the planning process In Collier County is diminished. Additionaily, the public shouid not: be placed in the position of having tD constandy monftor PUDs for "talœ-backs. · The League of Women Voters has a long tradition of promoting an open governmental sysœm that Is representative, aŒOUntable and responsive. We ask you to insure that the PUD process continues to be acmuntBbIe to the people of CoIHer County and that you deny the applicant's request. Sincerely, ~C Sheilah ~ev PresIdent, League of Women Voters of Collier County P.O. Box !l883. IØpIes,. FkH1d6 34~O~ . Phone (23!J) 263-4656. EmilH: Jrrtwx:.tþllllples.net Internet: http://nap/es.netlpresentsllwvcc Agenda Item No. 8B April 12, 2005 Page 148 of 156 COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION & COASTAL MANAGEMENT ELEMENT (CCME) Policv 7.1.2(3) (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. January 29,2004 Marti Chumbler - (outside council, advising the council on the policy above) problem is with the language. The compo plan, as currently written, says, the county shall, consistent with Growth Management Plan policies, consider and utilize recommendations and letters of technical advisement from the Florida Fish and Wildlife Conservation Service and the U.S. Fish and Wildlife Service. It's been-- CHAIRMAN FIALA: So shall means will, right? MS. CHUMBLER: It says shall, that means it's mandatory. CHAIRMAN FIALA: Right, okay. I just wanted to clarify that. MS. CHUMBLER: Consistent with the Growth Management Plan; however, the same policy goes on to say that, it is recognized that on a case-by-case basis, these letters of technical advisement and recommendations may be inconsistent with the Growth Management Plan, and in those cases they'll be deemed to be consistent with the Growth Management Plan. Your staff does not know what that means. COMMISSIONER COLETTA: I don't know either. MS. CHUMBLER: It needs to be clarified. And If you put off making any revisions to the compo plan to at least clarify what that means, you've left your staff not knowing how to apply It. COMMISSIONER HALAS: Exactly. MS. CHUMBLER: So, you know, there are these larger Issues that are hovering over this that deal with the sort of policy I.sues of how you want to address the regulation of protection of wildlife. But the -- the Initial issue, the Initial problem that your staff I. trying to tackle and trying to deal with on a dally basis Is, how do we apply this compo plan provision; we don't know what it means. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Dealing with the latter, we do, in some cases, deal with listed species. So do you need that type of I Agenda Item No. 8B April 12, 2005 Page 149 of 156 (3) The County shall, consistent with aw>licable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. (4) Selection of preservation areas shall reflect the following criteria in descending order of priority: (V) a. Areas known to be utilized bv listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife through the site, consistent with the requirements of Policy 7.1.1 of this element. GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. (11)(111) OBJECTIVE 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. Policy 7.1.2 (2) Wildlife habitat management plans for listed species shall be submitted for County approval.·A plan shall be required for all projects where the wildlife survey indicated listed species are Agenda Item No. 88 April 12, 2005 Page 150 of 156 utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the proiect directs incompatible land uses away from listed species and their habitats. (a) Management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. Develooments shall be clustered to discourage impacts to listed species habitats. Open space and vegetation preservation reauirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Policy 7.1.4 All development shall comply with applicable federal and state permitting requirements regarding listed species protection. (I) OBJECTIVE 10.6: The County shall conserve the habitats. species, natural shoreline and dune systems contained within the County's coastal zone. CI:)ICJ(D COOICJ 0..- ON- Z .0 N..- E"-ICJ 2=ë~ - a. ( ) ro « 01 "0 ro c c... ( ) 01 « 00 ~ ~ o . V) o . o ,..-...1 ~ o r.n ~ '" ~ .~ ~.9 a a) otdQ.)~ .~ ~..d ~ t)~ucd .~ (]).~ 8 ~ 00....-4 ~ tn~~~o Q) ~ ~ ~ ~"a) cIj § 00 ~ ~ ....-4 · ~ ~....-4 '" \.I cd ~ oca~Bg .¡j '" ~ u ~ cd ~ Q) cd·~ ~ Q) ~ ~ ~..d cd ~ .~ ~ u ~ ~ " .,p 13 · ~ 8 r R ~ 00 ~ ..d (]) Q) cd ~ ~ .~ . ~ ~Q.)o(1)~Q) (]) ~ ~ 8 00 ~ ..d cIj a) a) ~ a) ~oo~a)~td 00 ~ ~ ~ ~ .~ a)cIjoa)a)~ ~;::ja)~eo uoo~~o~ (])~ca~ ~ ~~~..d ~ & ~ 00 0 00 (1) ,"\.I ~ o .~ ~ u Q) r/l U Q ~ ._-_.~--_._-, -. ro '[HO ~g~ ':"J_ .0 ,''-IN C:"'-L(") ~~~ trl -ê«~~ OJ c: a...,.. t. trl ê, '-V ~ ~ . ~ « OJ 00 ::s,..o Q) ~ OJ 00 '\j $-4 rL1 d ~ OJ ~ "....., Q) OJ ~ 00 ~"""'OUcd....... ;:J ~ ~ ~ Q)s .~ ,...,. '-v ~ ~ ~ ~ Q) cd c:\1 ~ Q) ( ) '\j......... s:::. ~ ~,..o ro,..o .£3 ~ p. ;::s ~ .- ~ Q) 13 o ..D 'E .~ ~ rL1 0 OJ $-4 :E cod· Q) ~ 0 ~ ~ -B 2 ~~S~~( );;::~~ .~ 0 ~ s::: ~.£3 ~ ( ) ~ '\j 8 ro Q) ~ 6......... s· - Q) s::: ã -B ~ .;s._ ~ ~Q)d~Q)S:::'E:::( ) ;> ~ ~ 0 ~.9 Q) "0 ~ o ~ cd ~~ t Õ ~ ~ ~ P. rf'l.-;:: ~ 0 P. rf'l 0 0.0 OJ 1"'::j cd ~ ~....... ~ 00 ~ ~ .,....., ~ ~.~ 0 s::: ..p . ~ ~ S 0 Q) s::: '\j :: rf'l o rf'l.......... - ~ · '"":"I S ;::s Q) s::: ..g .~ ~ ;> 0 ~ p. '\j s::: .9 ....... (]) ~ OJ trl ~ 0 ~ 0 ~ ;::SQ)~.£3§codQ)cod];a ~'\ ~ ~ ~ .~ ~ ;>- ~ cd ~ \JJ ~ \wi cd ~ '-v OJ ~,..o 0 fB~.£3~.£3'\jt8rou o 0.000 .~ o~ ~ 00 Q) Q) ....... d ~ OJ ~ ....... cd $-4 ~ ~ ~ -- c o .~ (/.) (/.) .~ o u î u c.¡.... o ] o t:Q I o o o ~ N - - N - ~ s s =' 00 Q) > .~ ..... :::s u Q) ~ ~ I r--- Q) 0.0 ~ ê Agenda Item No. 88 April 12, 2005 Page 153 of 156 REZONE FINDINGS PETITION PUDA-2004-AR-6786 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The petitioner has received an incidental take permit, issued from the U.S. Fish and Wildlife Service, that allows for development to take place within the primary zone of the on-site eagle pair. Based upon the incidental take permit, the applicant wishes to modifY the current Bald Eagle Management Plan (BEMP) to mirror the construction schedule allowed for within the incidental take permit. The GMP and the LDC differs authority over protected species to state and federal agencies on a case by case basis and therefore the proposed change is consistent with the specific policy ofthe GMP 2. The existing land use pattern; The parcel is a proposed residential PUD. The parcel is surrounded by residential uses and a County park. Therefore, the proposed residential land use is consistent with the land use pattern in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD borders land that is zoned for residential use as well as a County park. Therefore, the subject site will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed district boundaries are logically drawn since they are consistent with the Growth Management Plan. EXHIBIT "B" 1 Agenda Item No. 88 April 12, 2005 Page 154 of 156 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The petitioner believes that the incidental take permit issues trom the U.S. Fish and Wildlife Service that allows for development to take place within the primary zone of the on-site eagle makes the passage of the proposed amendment necessary. This view is predicated on the manner in which the GMP and the LDC differs authority over protected species to state and federal agencies. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed change to the Bald eagle Management Plan will have no effect upon living conditions in the neighborhood 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases ofthe development, or otherwise affect public safety. The proposed change to the Bald eagle Management Plan will have no effect upon the traffic generated by the approved project Therefore, the proposed PUD will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed residential uses will be required to meet building setbacks and height restrictions. When meeting these requirements, light and air will not be seriously reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; EXHIBIT "8" 2 Agenda Item No. 88 April 12, 2005 Page 155 of 156 This site is adjacent to other residential uses and a County park. An appraisal of estimated future property values resulting from a rezone was not required to be submitted. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed change will not constitute a grant of special privilege. The change is based upon technical assistance provided to the County from the U.S. Fish and Wildlife Service 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property today is approved for residential development. The proposed change will not deviate from the development intensity currently allowed for by the Cocohatchee Bay PUD document. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The request is consistent with the Density Rating System of the Growth Management Plan, and is therefore, within the needs ofthe community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are a limited number of coastal parcels eligible for the Conversion Of Commercial provision. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. EXHIBIT "B" 3 Agenda Item No. 88 April 12, 2005 Page 156 of 156 While site conditions may restrict the location and square-footage of the residential building, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The rezoning of this property will eventually result in the creation of a residential community. Infrastructure is currently available to the site. If additional infrastructure is required (e.g. life-safety and schools) it would most likely be constructed outside the Coastal High Hazard Area. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. Staff reserves these criteria as the purview of the Collier County Planning Commission and the Board of County Commissioners to arrive upon. EXHIBIT "B" 4 --"_,_____"__W Agenda Item No. 8C April 12, 2005 Page 1 of 85 EXECUTIVE SUMMARY PUDZ-2003-AR-4493, Santa Barbara Landings PUD, Blue Bell-Meridian Partners, represented by D. Wayne Arnold, of Q. Grady Minor & Associates, P.A., requesting a rezone from Residential MuItiple-Family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be known as the Santa Barbara Landings PUD for property located at the southeast corner of Radio Road and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: The petitioner seeks to have land rezoned from its current zoning designation of Residentia] Multip]e-Fami]y-6 (RMF-6) to Residentia] Planned Unit Development (RPUD) for the purposes ofdeveJoping a residential planned unit development at a density of7.0 dwelling units per acre, for a maximum permitted 291 dwelling units. CONSIDERA TIONS: The subject site consists of 41.6 acres, and has a zoning designation of Residentia] Multiple- Family (RMF-6). The RMF-6 zoning allows a maximum density of six dwelling units per acre. The subject site is presently developed with 248 multiple-fàmily dwelling units for a density of six dwelling units per acre. The petitioner wishes to rezone the subject site from RMF-6 to Residential Planned Unit Development (RPUD) in order to build an additional 43 residential dweJJing units for a total of 291 dwelling units. This will increase the presently approved density trom six dwelling units per acre to seven dwelling units per acre. The subject site would be eligible for a total 29] residential dwelling units if this petition was approved. FISCAL IMPACT: The rezoning ofthis PUD by and of itselfwiJJ have no fiscal impact on CoJJier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management PJan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilit,ies. Additionally, in order to meet the requirements of concurrency management, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the PUDZ-2003-AR-4493 Executive Summa!)' Page 1 of 4 Bce Mtg. 4/12/05 Agenda Item No. BC April 12, 2005 Page 2 of 85 County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMP ACT: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4-dwelling units per acre (DU/A) and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. Being located within a Residential Density Band, as depicted on the Future Land Use Map and described in the Future Land Use Element, this project is eligible for the addition of three residential units per gross acre. Therefore, this project qualifies for a density of 7 DU/ A. Base Density Residential Density Band Total Base Density 4 DU/A +3DU/A 7 DU/A Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. TRANSPORT AION ISSUES; The Transportation Department has reviewed the rezoning petition. A Traffic Impact Statement (TIS) was not required for this petition, because only 43-residential dwelling units were added. The petition is located in a Transportation Concurrency Management Area (TCMA), and the proposed additional dwelling units would not result in an additional traffic volume that would exceed one percent allowable traffic increase for this area. As a result, this project is not projected to significantly impact any Collier County collector or arterial road segment, and therefore this petition is consistent with Policies ] .3, lA, 5.] and 5.2 of the Transportation Element. ENVIRONMENTAL ISSUES: Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to insure compliance with the environmental regulations and is provided in Environmental Section 4.4 of the PUD document. The Environmental Advisory Council did not have to review this petition, because the proposed area to be developed did not exceed the IO-acre minimum area requirement. ....-.... PUDZ-2003-AR-4493 Executive Summary Page 2 of4 Bee Mtg. 4/12/05 Agenda Item No. 8C April 12, 2005 Page 3 of 85 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed and approved this petition at their March 17, 2005 meeting with a vote of 6 to 2 with the staffs recommendations. The approval included the following conditions: 1. The construction of the eight foot in height wall along the eastern property line shall be completed when Tract "B" (the additional 43 multiple-family dwelling units) is completed, 2. Footnote 5 of Table 1 shall be amended to reflect "4 units per acre shall apply to Tract "B", 3. Deviation # 1 shall be revised to provide a six-foot wide sidewalk, 4. The PUD document shall be amended to provide current Land Development Code (LDC) references and general revisions as directed by the County Attorney. The two CCPC members that recommended denial indicated that the project should have gone to the EAC. Because two Planning Commissioners recommended denial, this petition could not be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the BCC must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapters 10.03.05 and 1O.02.13.B.5 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: · The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. · The proposed land uses are compatible with the existing land use pattern. · The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. · The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. RECOMMENDATION: Staff recommends approval of petition PUDZ-2003-AR-4493 subject to the conditions of approval that have been incorporated into the PUD document, which included the recommendation of approving the four requested deviations, as identified in Section 2.14 of the PUD document. PUDZ-2003- AR -4493 Executive Summary Page 3 of4 Bee Mtg. 4/12/05 Agenda Item No. BC April 12, 2005 Page 4 of 85 Conditions of Approval: 1. The construction of the eight-foot in height wall along the eastern property line shall be completed when Tract "B" (the additional 43 multiple-family dwelling units) is completed, 2. Footnote 5 of Table 1 shall be amended to reflect "4 units per acre shall apply to Tract "B", 3. Deviation # 1 shall be revised to provide a six-foot wide sidewalk, 4. The PUD document shall be amended to provide current Land Development Code (LDC) references and general revisions as directed by the County Attorney. Deviations I. Seeks relief from LDC Section 6.06.02.AA for sidewalks within multi-family site developments. The petitioner is seeking relief from the requirement to provide a 6-foot wide sidewalk on both sides of the street, or a 10-foot wide sidewalk on one side ofthe street. 2. Seeks relief from LDC Section 4.06.02 Buffering Requirements. The petitioner is seeking relief from the minimum 20-foot wide buffering requirement for developments that front on a collector or arterial road. 3. Seeks relief from the Construction Standards Manual for Street Right-of-Way width. The petitioner is seeking relief from the required minimum 50-foot width for local road right-of-ways. 4. Seeks relief from the Construction Standards Manual for Dead-End Streets. The petitioner is seeking relief from the required maximum length of local roads before providing for a cul-de-sac. PREPARED BY: Michael J. De Runtz, C.F.M., Principal Planner Department of Zoning & Land Development Review PUDZ-2003-AR-4493 Executive Summary Bee Mtg. 4/12/05 Page 4 of4 .-. Item Number Item Summary Meeting Date Approved By Susan Murray, AICP Community Dev~lopment & Environmental5ervÎ.ces Agenda Item No BC April 12, 2005 Page 5 of 85 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BC This item requires that a!1 participants be sworn in and ex parte discJosure be provided by Commission members. PUDZ-2003~AR-4493 Santa Barbara l.andmgs PUD, requeslH1Q a re':on~ from Residential Multíple~Fam¡ly,f> (RMF··i3ì to Residential Planned Unit Development (RPUD) to b€ known as lru;! Santa Bar-ba~a 1..am1ings PU~) for property located at HIe southeast corner of RadjO Road and Santa Barbara Bouievarct, in Section 4, Township 50 South. Range.26 East. Co!lIer County, Fionda 4/12/2005 9.00:DQ ,4.M Zoning & Land DCl,icl( pmt:nt Director Date Zoning & Land Deveiopmen1 Rl::'vÎt>w 312912005 1 :57 PM Date Approved By Ray Bellows Community Development & Envlronmenta! Services Chief Piann~r Zoning & Land Devalopmel1t Review 3/29J2005 3:52 PM Date Approved By Constance A. .Johnson Communíty DevElopment & Environment:¡¡1 Services Operatiomi Analyst Community De'Je/opment & Envjronment.ãl Ser,¡ices Admin" 3/2'9/20055:·14 PM Date- A pproved By Norm E. Feder. AiCP Transporticn Services Transportation DÎvision Adm¡nìstr~tor TrJflsportatíon Services Admin. 3/3012005 7: 25 AM Date Approved By Sandra L.ea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin 3/30/200510:25 AM Appro,.·ed By Joseph K Schmìtt Community Development 8. Ënyironmental Sen..¡ces Community Development & Environmental S~",iC.C5 Admínstrator D<lte CQmmunity Development &. Environmental Services Admin. 3/31/200.5 9:43 AM Date A pproved By Donald L. Scott Tran!:ipörtiol1 Ser~ices Transportation Planning Director rran.spDrta1ioJl Plflnning 3/31.12005 11 :09 AM Date A pprovl"d By Patrick G. White County Attorney AS$i~ta.nt County Attorney County Attorney O1fice 3/31/2005 5: 38 PM Date A pproved By OMB Coordinator County r.t1lna{jer"$ Office Adminjstrative Ä!:>sistant Office of Managcllwnr & Budget 4/1120058:42 AM Date Approved By Mark Isacks.on County Manilger's OfficE! Budget Analyst Office of Management &. BudgN 41412D05 12:04 PM Date Approved By Mic.hael Smykowski County Manager'5o Of1~c!!' Management & BUdget Pirector Of1¡c{.' ot Manugenw"nt & Budget 41412005 2: 35 PM Date Approved By Jame$ V. Mudd Board of County Commissioners County Mana.ger GDunty Manager's Offjçe 4/412005 5:56 P~1 -- --.--- A~~3~~~~ Page 6 of 85 eotM-r County' · '--~ - STAFF REPORT COLLIER COUNTY PLANNING COM:MISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: MARCH 17,2005 SUBJECT: PETITION PUDZ-2003-AR-4493, SANTABARBARA LANDINGS PUD AGENT/APPLICANT: OWNER: Blue Bell-Meridian Partners 1166 Dimock Lane Naples, FL 34110-0910 AGENT: D. Wayne Arnold Q. Grady Minor & Associates, P .A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner is requesting a rezone from Residential Multiple-Family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be known as the Santa Barbara Landings PUD. GEOGRAPHIC LOCATION: The subject property is located at the southeast corner of Radio Road and Santa Barbara Boulevard in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (See illustration on following page) PURPOSEIDESCRIPTION OF PROJECT: The subject site consists of 41.6 acres, and has a zoning designation of Residential Multiple- Family (RMF-6). The RMF-6 zoning allows a maximum density of six dwelling units per acre. The subject site is presently developed with 248 multiple-family dwelling units for a density of six dwelling units per acre. The petitioner wishes to rezone the subject site from RMF~6 to Residential Planned Unit Development (RPUD) in order to build an additional 43 residential dwelling units for a total of 291 dwelling units. This will increase the presently approved density from six dwelling units per acre to PUDZ-2003-AR-4493 SANTABARBARA LANDINGS PUD 1 of 15 CCPC MTG. 3/3/05 - - I 01.01.0 -c¡. a o:J a...... "\10 ("'If t'-- E"- (J) (J)= g> .=:: 0.0.. roc:( -0 c: (J) OJ c:( ',1 â ! I a. <C :2E w }- - en OWAn1Ql YW8W8 V1HVI m ~ ~ I ¡ I C') I C» .., .., I a: < ; I C') 0 0 t'II . 7IWOO"'''''' I "E- N - 0 ::::I D.. .. z· I 0 ~ III "U :!.h ~ :t. i¡ . ~ " II = I ! w ~h 0.. Ib ~ ~- c. ~ ~ II . e ~~ .. ¡~ ã <C .. . II ~ U~ ::=. ¡¡ = I :2E U~ ï z c 0 i !J - .... <C I ·ü 611; 0 ~!i - t ..J at..aw....... ~ ~ I I ......- . !! '"'.._-_._,-,~- üL("JL0 COOCO "0 '+- ON 0 ZÑCO ç::..-- <D W=OJ == Q æ ru«CL -0 C <D OJ « I I r ~ !¡ " 'c"'''"' ,~.", I~ ~! i I I~ I --' ¡ II I :: :-'1" r,.'· .... ..... I I ~ I I i ~ I~ d ~ ~ Ié' Z :> J ~ "' III~I I-ii i;~~ f ¡ wl~i f !i!m I i!m~ ~~ii¡i i !S¡¡U Agenda Item No. BC April 12, 2005 seven dwelling units per acre. The subject site would be eligible for a total 291 residentlãIJ'Ö\1têfIMg units if this petition was approved. SURROUNDING LAND USE AND ZONING: Subject Parcel: Multiple-family dwelling units and undeveloped acreage, zoned Residential Multiple- Family-6 (RMF-6) Surrounding- North: Radio Road, then single-family and townhouse residential development zoned Berkshire Lakes PUD that was approve at 3.99 units per acre. East: Single-family and multiple-family residential, zoned Plantation PUD permitting 418 dwelling units and at a density of 4.99 units per acre. South: Calusa Park Elementary School and undeveloped acreage, zoned Bembridge PUD West: Santa Barbara Road, then commercial and multiple-family residential development, zoned Berkshire Lakes PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Future Land Use Element: This district is intended to accommodate a variety of residential and non- residential uses, including mixed-use developments such as Planned Unit Developments. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4-dwelling units per acre (DUI A) and limited to a maximum of 16 DUI A, as allowed under the Density Rating System. Being located within a Residential Density Band, as depicted on the Future Land Use Map and described in the Future Land Use Element; this project is eligible for the addition of three residential units per gross acre. Therefore, this project qualifies for a density of7 DU/A. Base Density 4 DUI A Residential Density Band +3 DU/A Total Base Density 7 DU/A Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. PUDZ-2003-AR-4493 SANTABARBARA LANDINGS PUD 2 of 15 CCPC MTG. 3/3/05 ---* · -~ ---~ ....- ! ð II ... - -.... :j ,-' I I ,.. -.. :! ~ ;J - .. ZONING MAP - EXHIBIT 3 PtnD~2003-AJt-4493 SANTABARBARA LANDINGS PtnD 3 of 15 cepe MTG. 3/3/05 Agenda Item No. BC April 12, 2005 Page 11 of 85 AERIAL MAP - EXHIBIT 4 Transportation Element: The Transportation Department has reviewed the rezoning petition. A Traffic Impact Statement (nS) was not required for this petition. because only 43-residentiaI dwelling units were added. The petition is located in a Transportation Concurrency Management Area (TCMA), and the proposed additional dwelling units would not result in an additiona11raffic volume that would exceed one percent allowable traffic increase for this area. As a result, this project is not PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 4 of 15 CCPC MTG. 3/3/05 Agenda Item No. BC projected to significantly impact any Collier County collector or arterial road segme~~~~~~re this petition is consistent with Policies 1.3, 1.4,5.1 and 5.2 of the Transportation Element. Open Space/Conservation: The PUD document indicates that a combination of landscape areas, buffers, preserve areas, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.02.13 ofthe Land Development Code and required staff evaluation and comment. The Planning Commission to the BCe also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. (See Exhibit "A" and Exhibit "B ") Environmental Analvsis: Environmental Services Staff has reviewed the petItIOn and has incorporated safeguards within the PUD document to insure compliance with the environmental regulations. The Environmental Section 4.4 of the PUD document. . The Environmental Advisory Council did not have to review this petition, because the proposed area to be developed did not exceed the ten-acre minimum area requirement. Transportation Analvsis: Transportation Department Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 5.8 of the PUD document. Utility Issues: The Utilities Department Staff has reviewed the petition, and has recommended approval subject to the conditions contained in Section 5.7 of the PUD document. Zoning and Land Development Review Analysis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the GMP. The subject property is designated Urban (Mixed Use District, Urban Residential Subdistrict), and within the Activity Center #6 (Davis Boulevard - Santa Barbara Boulevard) Residential Density Band for as identified on the Future Land Use Map of the Growth Management Plan. This district permits residential uses as proposed, at the density proposed. Staff believes that the petitioner's requested uses and density are compatible with the Interchange Activity Center Subdistrict, thus this petition is consistent with the GMP. PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 5 of 15 CCPC MTG. 3/3/05 ..__._~- -~ - ----.--- -- - --- - - ---- Agenda Item No. 8C Relationship to Existing Land Uses - The subject property is bordered by Santa Bar~~~~~d, Radio Road, Plantation PUD, and the Bembridge PUD. The subject property is located in the Residential Multiple-Family-6 (RMF-6) zoning district. This zoning district permits 6 units per gross acre. The 41.61 acres would yield 249 units. Presently, Santa Barbara Landings contains 248 dwelling units. In rezoning the subject property to a Residential Planned Unit Development (RPUD) , the petitioner is proposing an additional 43 residential dwelling units, and achieving a maximum of 291 residential dwelling units tbrough a density of 7 dwelling units per acre (4 Base +3 Density Bonus). The adjoining residential development to the east, Plantation PUD, was approved for a total of 418 dwelling units on 83.70 acres (4.99 dwelling units per acre). Berkshire Lakes POO, which is located to the north and west, was approved for 4,200 dwelling units on 1,093 Acres (3.99 dwelling units per acre). The Bembridge POO, which is located south of the subject property, was approved for 239 dwelling units on 39.83 acres (6 dwelling units per acre). Therefore, staff believes the uses allowed in the petition would not adversely impact the existing residential land uses in the area. Furthermore, staff believes that the development regulations, landscaping, and the screening and buffering requirements of the PUD District would meet the goals of the GMP, and enhance the aesthetic quality of this area. Deviation Discussion: The petitioner is seeking four deviations and has identified them in Section 2.14 of the PUD document. . The petitioner has provided justification in support of the deviations in correspondence received by the staff on February 10, 2005 (Exhibit B). Staff has analyzed the deviations and provides the analyses and recommendations below. . Deviation 1 seeks relief from LDC Section 6.06.02.AA for sidewalks within multi-family site developments. The petitioner is seeking relief from the requirement to provide a 6-foot wide sidewalk on both sides of the street, or a 10-foot wide sidewalk on one side of the street. The petitioner is proposmg that: a) A 5-foot wide sidewalk shall be provided on only one side of the internal local or private roadway exceeding 1,000 feet in length serving the project's additional 43-unit component. b) An internal sidewalk connection from the southernmost development tract (Tract B) to the existing pooVclub area shall be provided at the time of construction within Tract B. The petitioner provided the justification for this deviation in an August 9, 2004, letter to staff stating the following: "Deviations have been proposed relating to sidewalks within the Santa Barbara Landing PUD. A majority of the site has been previously developed and cannot be retrofitted with dual sidewalks internal to the site. Meetings with Transportation Staff resulted in an agreement that sidewalks on one side of the internal street system were sufficient. The developer further agreed to provide an internal pedestrian connection linking the recreation tract with the newly proposed development area of the project. . " Staff is supporting deviation No.1, noting that this project incorporates some unusual condition in that the majority of the multiple-family residential development is completed. Due to the space required for providing sidewalks on both sides of the street in the new phase and the limited area of the subject property, providing a side walk: on one side of the street and a sidewalk connection to the POOZ-2003-AR-4493 SANTA BARBARA LANDINGS POO 6 of 15 CCPC MTG. 3/3/05 .~-._-....- £~ a _~--~.- '--"""-"""-'-~'~"- - -.-- --- ._-- Agenda Item No. BC . ·d fì d .' d· S ff th ~~!1112.,2D05h recreatIOn areas prav! es a sa e an convement pe estnan access. ta, ere~ ~1 e deviation in compliance with LDC Section 10.02.13.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 2 seeks relief from LDC Section 4.06.02 Buffering Requirements. The petitioner is seeking relief from the minimum 20-foot-wide buffering requirement for developments that front on a collector or arterial road. The petitioner is proposing that: Perimeter buffers abutting rights-of-way shall be pennitted to deviate fÌom the required 20-foot wide Type D buffer, to pennit a Type D buffer an average of 20-foot in width, with no part of the buffer being less than fifteen-foot in width. The minimum area for the combined buffers along Radio Road and Santa Barbara Boulevard shall be 66,129 square feet (1.52± acres). The petitioner provided the justification for this deviation in a February 10, 2005, letter to staff stating the following; "The deviation for Perimeter buffers has been requested to support the existing buffer conditions. " Staff is supportive of deviation No.2 due to the fact that the buffer along Radio Road is adjacent to a preserve area, and the buffer along Santa Barbara Boulevard will be designed as a "B" buffer, which will provide enhanced screening. Staff therefore fmds the deviation in compliance with LDC Section 10.02.13.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 3 seeks relief from the Construction Standards Manual for Street Right-of-Way width. The petitioner is seeking relief from the required minimum 50-foot width for local road right-of-ways. The petitioner is proposing: Street right-of-way width: The minimum right-of-way width to be utilized for local streets and culs- de-sac shall be 40-feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. Streets and drive aisles shall meet applicable NFP A criteria, State Fire Code NFP A - 13.5.2.2. The petitioner provided the justification for this deviation in a February 10, 2005, letter to staff stating the following; , " The proposed 40-foot right-of-way width for internal street is sufficient to support the required infrastructure for the newly proposed development area of the PUD. This deviation has been previously approved by Collier County." Staff is supportive of deviation No.3 with the stipulation that the streets shall remain private. The current interior roadway system is privately maintained and the added roadway surface would be the same. Staff, therefore, fmds the deviation in compliance with LDC Section lO.02.l3.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfåre of the community." PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 70f15 CCPC MTG. 3/3/05 Agenda Item No. BC April 12, 2005 Deviation 4 seeks relief from the Construction Standards Manual for Dead-End ~.5 of!Fhe petitioner is seeking relief from the required maximum length of local roads before providing for a cul-de-sac. The petitioner is proposing: Culs-de-sac may exceed a length of I,OOO-feet. The petitioner provided the justification for this deviation in a February 10, 2005, letter to staff stating the following; "The deviation for cul-de-sac lengths exceeding 1,000 feet has been requested to provide flexibility in final subdivision design. Exceeding 1,000 feet in length for a cul-de-sac street will pose no life safety threats, as the roadways will be designed to accommodate appropriate turning radius for fue apparatus." Staff is supportive of deviation No.4 with the stipulation that the streets shall remain private. The current interior roadway system is privately maintained and the added roadway surface would be the same. Staff, therefore, finds the deviation in compliance with LDC Section I 0.02.13.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Fred Reischl, former Principal Planner, Zoning and Land Development Review. Approximately 25 neighboring property owners and/or their representatives attended the presentation given by Wayne Arnold of Q. Grady Minor & Assoc. Richard Yovanovich, Esq. was also on hand for the meeting. Most of the concerns of the neighbors centered on traffic impacts and the destruction of preservation vegetation to construct the new units. Mr. Arnold stated that the developer intends to build a 6-foot-high concrete privacy wall between the Plantation PUD and new residential units. Mr. Floyd Chapin, representative for Sapphire Lakes PUD stated that the neighborhood was ''vehemently opposed" to the new development. The original proposed Affordable Housing units on the south end of the property were opposed by neighbors, citing concerns regarding declines in property values and ìncreased criminal activity. The neighbors also questioned why it seems that East Naples is the target for most Affordable Housing development. Mr. John Humphries, Esq., representing the Plantation PUD property owners also stated that the neighbors opposed the original proposal to increase the density to include affordable housing. The applicant is no longer proposing any affordable housing units through this rezoning application. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-03-AR-4493 subject to the conditions of approval that have been incorporated in the PUD document. PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 8 of 15 CCPC MTG. 3/3/05 Agenda Item No. BC April 12, 2005 Page 16 of 85 PREPARED BY: CIP AL PLANNER z:~~s- ~C/. REVIEWED BY: ~AL RAY LLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~ SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 7-f105 D1\T 6lJÍ7/o S- ÓATE' c52 /'7 i.,__ ~ Tentatively scheduled for the April 12, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 9 of 15 CCPC MTG. 3/3/05 Agenda Item No. 8C April 12, 2005 Page 17 of 85 REZONE FINDINGS PETITION PUDZ-03-AR-4493 Section 10.03.05 of the Collier County Land Development Coq,e requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements oftbe Growth Management Plan. The subject property is located within the Activity Center # 6 Residential Density Band. The density permitted within the Santa Barbara Landings PUD is consistent with the FLUE as currently provided in the Growth Management Plan by Policy 2.5, 6.1, and the Density Rating System. Therefore, this petition is Consistent by Policy. 2. The existing land use pattern; The property to the north and west is zoned Berkshire Lakes PUD and developed as commercial, and single-family and multiple-family residential. The property to the east is zoned Plantation PUD and developed with single-family and multiple-family residential. The property to the south is zoned Bembridge PUD and is developed with a public elementary school. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Santa Barbara Landings PUD parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The Santa Barbara Landings PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. EXHIBIT "A" PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS POD 10of15 CCPC MTG. 3/3/05 Agenda Item No. BC April 12, 2005 Page 18 of 85 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The subject property is located within the Activity Center #6 Residential Density Band. The Density Rating System of the GMP discretionarily provides for a "Density Bonus" for properties within this area if the petition is compatible to the surrounding properties and meets specific criteria listed in the GMP. The subject property meet criteria #2 Proximity to Mixed Use Activity Center, #4 Residential- Infill, #5 Roadway Access, and #7 Transportation Concurrency Management Area (TCMA). 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and compatibility with neighboring properties. The proposed dwelling units will consist of four-dwelling units per building and be of similar construction and design as the existing buildings on the subject property. The proposed rezone will have no significant impact on any adopted level of service standard. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element and Policy 6.1 of the Future Land Use Element of the GMP and was found consistent. The proposed change will result in an overall 430 in daily trips within the Santa Barbara Landings PUD. 8. Whether the proposed change will create a drainage problem. The Land Development Code specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approvaL 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of aÎI does not adversely affect adjacent areas. PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS POO 11 of 15 cepc MTG. 3/3/05 Agenda Item No. BC April 12,2005 Page 19 of 85 10. Whether the proposed change will adversely affect property values in the adjacent area. Property valuation is affected by a host of factors including zoning, however zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment mayor may not affect value. However, staff is of the opinion that this petition will not adversely affect property values based on the projects consistency with the Growth Management Plan. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties nearby the proposed PUÐ should not be affected by the requested amendment in that the project provides a landscape buffer, provides an area dedicated for conservation/preserves, and is consistent with the approved zoned projects in the area. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property has been developed with 248 multiple-family residential dwelling units within the regulations of the Residential Multiple-family-6 (RMF -6) zoning district. The petition proposes to utilize the "Density Bonus" criteria of the Density Rating System of the GMP for an additional 43 residential dwelling units. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The proposed POD is designed in a manner that is compatible with surrounding and approved residential property in size and scale. It is also consistent with the FLUE of the Growth Management Plan. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 12 of 15 CCPC MTG. 3/3/05 Agenda Item No. 8C , , 'th 11 1 fth GMP 'bil' d f;_~~!1_12. 2005 zonmg are consIstency WI a e ements 0 e , compatI Ity, a equacy 0 llli1~~WtbßiW to some extent the timing of the action and all of the above criteria, 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Preservation areas have been identified on the Conceptual Master Plan. Additionally, the owner has agreed to revegetate portions of the property to enhance native vegetation. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP, The conditions of approval have been incorporated into the PUD document Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 130f15 CCPC MTG. 3/3/05 ---- - - --,--~-,- - Agenda Item No. 8C April 12, 2005 Page 21 of 85 - FINDINGS FOR PUD PUDZ-03-AR- 4493 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Santa Barbara Landings PUD document give assurance that all infrastructures will be developed consistent with County regulations. A11y inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCe as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships,as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the Santa Barbara Landings PUD application provide evidence of unified controL The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The Santa Barbara Landings PUD proposes an additional 43 residential dwelling units, for a maximum of 291 residential dwelling units that are consistent with the GMP (See Staff report). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The adopted PUD, including all the attendant buffering, land use locational criteria, and other compatibility development' requirements reasonably assure the project will be constructed with internal and external compatibility addressed. EXHIBIT "B" PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 14 of 15 CCPC MTG. 3/3/05 Agenda Item No. BC April 12,2005 Page 22 of 85 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section N - Preserve "P" Areas and Subsection 5.10 - Environmental of the PUD Document, the amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed Santa Barbara Landings PUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that sucb modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Staff analysis indicates that the Santa Barbara Landings PUD conforms to the PUD regulations. PlnDZ-2003-PJR-4493 SANTA BARB..o\RA LANDINGS PUD 15 ofl5 CCPC MTG. 3/3/05 J. .... .. . RE_SUBMI..Aa.enda It~m No. 8C . TTAlApn112,2005 PUDZ-2003-AR~ 23 of 85 PROJECT #2003040038 DATE: 1/20/04 FRED REISCRL APPLICATION FOR PUBLIC HEARING FOR: , rg]pUD REZONE [JPUD TO PUD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. Genera] Information: . Name ofApplicant(s) Blue Bell-Meridian Partners Applicant's Mailing Address 1166 Dimock: Lane City Naples State Florida Zip 3411 0-0919 Applicant's Telephone # Applicant's E-Mail Address: Pax # Name of Agent D. Wavne Arnold Firm O. Grady Minor & Associates. P.A. Agent's Mailing Address 3800 Via Del Rey City Bonita Springs State FL Zip 34134 Agent's Telephone # 239-947-1144 Fax # 239-947-0375 COLLffiR COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORm HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 0%127/03 Aoullc:atlon For PubUe Hearlntl! For PUD Rezone ·...--------..- - --~_._---- " Agenda Item No. BC April 12, 2005 . . * Be aware that Collier County has lobbyist regulations. Guide yourself accordin,o*ge 24 of 85 and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Santa Barbara Landings Mailing Address 1166 Dimock Lane City Naples State FL Zip 34110 Name of Homeowner Association: Mailing Address City State FL Zip Name of Homeowner Association: Mailing Address City State FL Zip Name of Master Association: Mailing Address City State FL Zip Name of Civic Association: Mailing Address City State FL Zip 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Blue Bell Meridian Partners Percentage of Ownership 100% 02127/03 ÁDulication For Public Hearin2 For PUn Rezone , .. Agenda Item No. 8C April 12. 2005 Page 25 of 85 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. .1 ! Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage ofInteresi d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address AG. Roode Alan T. Schiffman Peter Gulick Peter Cross David Greiden Mike Pashley Percentage of 0wneIShip 16.3 16.3 16.3 16.3 16.3 16.3 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ovvnership Date of Contract: 02127103 ADDDQdoD For PabDc Burin" For PUD RezoDe .--------"'-. - ---.---_. .~. Agenda Item No. BC April 12, 2005 f.. If any contingency clause or contract terms involve additional parti~,g1fs~ 0JB5 mdividuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (.X) leased (): 2002 Term oflease ---YI"S./mos. If Petitioner has option to buy, indicate date of option: _ and date option tenninates: -' or anticipated closing date _. h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of applicatio~ but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf: to submit a supplemental disclosure of interest form. 3. Detailed leeal descril>tion of the property coveredbv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximmn I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If ,/ questions arise concerning the legal descriptio~ an engineer's certification or sealed survey may be required. Section: 04 Township: 50 Range: 26 Lot: Block: Subdivision: Plat Book: Page #: _ Property LD.#: Metes & Bounds Description: 4. 'Size of property: 2.746 it. X 667.30 ft. = Total Sq. Ft. 1 '831 '582 Acres ± 41.61 5. Address/eenerallocation ofsubiect property: 193 Santa Clara Drive. Southeast comer of Radio Road and Santa Barbara Boulevard 6. POO District (LDC 2.2.20.4): rg¡ Residential D COIDImmity Facilities D Commercial D Industrial 02/27103 ADDllcation For Public Hear1n2 For PUD Rezone , . 7.' Adjacent zonin2 and land use: Zoning Land Use Agenda Item No. BC April 12, 2005 Page 27 of 85 N PUD Berkshire Lakes SPUD Bembridge E PUD Plantation WPUD Berkshire Lakes Does the owner of the subject property own property contiguous to th,e subject propertýl If so, give complete legal description of entire contiguous property. (If Space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book: Page #: _ Property I.D.#: MeteS & Bounds Description: -.g. Rezone Reauest: This application is requesting a rezone 1Ìom the RMF-6 zoning district(s) to the PUD zoning district(s). Present Use of the Property: Multiule Family Residential Proposed Use (or range of uses) of the property: Multiple Family Residential Original PUD Name: Ordinance No.: 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. 02127103 ADDUeadoD For PubUe Hearin2 For PUD Rezone PUD REZONE APPLICATION SUBl\flTfAL CHECKLIST Agenda Item No. 8C April 12,2005 Page 28 of 85 This completed checklist is to be submitted with application packet! Requirements #of Required Not Copies Reauired 1. Completed Application/PUD documents 24* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 24* X 5. Conceptual Site Plans 24* X 6. Environmental Impact Statement - œIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological SurVeyor Waiver 4 X Application 11. Copies of State andlor Federal Permits ' 4 X 12. Architectural Rendering of PropOsed Structure(s) 4 X 13. Pre-Application Fee, Application Fee and Data - X Conversion Fee Check shall be made payable to Collier County Board of County Commissioners 14. An electronic version of the PUD on a disk as part of the X submittal packet. 15. PUBLIC PARTICIPATION MEETING: X APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 16. Affordable Housing Density Bonus Agreement 4 X includin~ ail Applications and Exhibits. 17. Boundary Survey (no more than 6 months old) 5 X 18. OTHER REQUIREMENTS: ... Documents required for Long-Range Planning Review *1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this su~mitt~ pac~ge. I understand that failure t~. elude all necessary submittal information may result in the delay of pro=ng,~-~- J anuarv 7. 2004 Agent! Applicant Signature Date 02127/03 Aøullcation For Public Rearm!! For PUD Rezone Agenda Item No. 8C April 12, 2005 Page 29 of 85 Rezone Findings PETITION PUDZ-2003-AR-4493 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable. 1. Whether the proposed change will be consistent with the goalst objectives, policies, Future Land Use Map and the elements of the Growth Management Plan; The property is located within a density band as identified on the Future Land Use Map. Specific density provisions are established in the Growth Management Plan, and the PUD document contains appropriate references assuring compliance with the density rating system of the Growth Management Plan. The proposed density is within the permitted density of the Growth Management Plan. 2. The existing land use pattern; The subject property is located at the intersection of Radio Road and Santa Barbara Boulevard. Properties to the west across Santa Barbara Boulevard are . zoned and developed with general commercial and residential uses. Properties to the east and north are zoned PUD and are developed with single-family and multi- family homes. The proposed addition of 43 dwelling units is consistent with the permitted density. 3. Tbe possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD borders land that is zoned for residential uses in the form of a pUD' therefore, the subject site will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;l The proposed district boundaries are logically drawn since they are consistent with the Growth Management Plan. RE'-SÎJBÌ\fiTT AL PUD-Z-2003-AR_4493 PROJECT #2003040038 : DATE: 1120/04 . FRED REISCHL F:IJOBISANTA BARBARA LANDINGS\Rezonc Findings.doc Agenda Item No. BC April 12, 2005 Page 30 of 85 5. Whether changed or changing conditions make the passage of the proposed amendment necessary; The site is designated for residentiaJ uses, and the applicant intends to develop the property with a combination of rental apartment and for-saJe affordable housing unit types. The demand for affordable housing is well documented and the additional units are solely for qualifying affordable home buyers. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; No adverse impacts to nearby residential uses will result froIll the proposed PUD rezoning. This PUD contains provisions for buffermg and building setbacks, which are consistent with surrounding properties. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed PUD and has incorporated appropriate language into the PUD document, which renders the PUD compatIDle with SUlTOunding uses and the Traffic Circulation Element. No level of service impacts result 1Ì"om this project. Therefore. the proposed PUD will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem; The project will be reviewed and approved subject to requn-ements of Collier County and the South Florida Water Management District. The PUD document incorporates appropriate references to insure that no adverse drainage conditions will" result 1Ì"om the proposed development. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed residential uses \\'ill be required to meet building setbacks and two- story height restrictions. When meeting these requirements. light and air will not : be reduced to adjacent properties. F:\10B\SANTA BARBARA LANDINGS \Rezone Findings.doc -------~-- Agenda Item No. 8C April 12, 2005 Page 31 of85 10. Whether the proposed change will advenely affect property values in the adjacent area; This site is adjacent to other residential and potential residential uses. Given the required building and development standards, and the shared use with rental apartments no diminution of property values is anticipated. 11 Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected. 12. Whether the proposed change will constitute a grant of special priviIege to an individual owner as contrasting with the public welfare; If the proposed rezone is detèrmined by the Board of County Commissioners to be consistent with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Under the existing conventional zoning, the addition of the proposed 43 housing units could not be constructed. The PUD rezoning will permit the property to develop the additional dwellings, consistent with LDC and Growth Management Plan requirements. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The request is consistent with the Growth Management Plan, and is therefore, within the needs of the community. The Plan limits the site to a maximmn of 43 additional units and is of a scale appropriate for the surrounding area. 15. Whether is it impossible to Ïmd other adequate sites in the County for the proposed use in districts already permitting such use. It is not impossible to find other sites in Collier County; however, the petitioner wishes to construct affordable housing on this parcel to supplement the rental apartments currently on the site. F:\JOBISANT A BARBARA LANDINGS \Rezone Findings.doc Agenda Item No. BC April 12, 2005 Page 32 of 85 16. The physical characteristics of the property and the degree of site alteration which would be requ,ired to make the property usable for any of the range of potential uses under the proposed zoning classification. Preservation areas have been. identified on the Conceptual Master Plan. . Additionally, the owner has agreed to revegetate portions of the property to enhance native vegetation. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The Site Development Plan will be reviewed for compliance with the Levels of Service required for public facilities in the area. F:'JOB\SANTA BARBARA LANDINGS\Rezone Findings.doc Agenda Item No. 8C April 12, 2005 Page 33 of 85 PUD FINDINGS PETITION PUDZ-2003-AR-4493 Section 2.7.3.2.5. of the Collier County Land Develo~ment Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners be supported by the following findings, where applicable: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding area, traffic and access, drainage, sewer, water, and other utilities. The property is designated for residential in the Growth Management Plan. The site is located at the intersection of two arterial roadways and is well suited for the proposed affordable housing and rental apartment uses. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other. instruments, or for amendments in those proposed, particularly as they may related to arrangements or provisioDs to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. The petitioner has provided evidence that the PUD is under unified control. 3. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. Staff analysis indicates that the Santa Barbara Landings PUD is consistent with the goals, objectives and policies of the Growth Management Plan. 4. The internal and external compatibility of the proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that the PUD is compatible, both internally and externally, with the proposed uses and with the existing SUlTounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The PUD document and conceptual master plan make specific provisions for open space and preservation areas consistent with the Growth Management Plan and Land Development Code. "- F:IJOB\SANTA BARBARA LANDINGS\Rczonc Findings.doc Agenda Item No. BC April 12, 2005 Page 34 of 85 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The POO is required to meet conCUITency requirements at the time of Site Development Plan approval. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The site is not designed, nor intended to provide for expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Staff analysis indicates that the Santa Barbara Lanctings PUD conforms to the PUD regulations. F:IJOB\SANTA BARBARA LANDINGS\Re:zone Findings.doc Agenda Item No. BC April 12, 2005 Page 35 of 85 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1. NAME OF APPLICANT: Blue Bell~Meridian Partners 2. MArrING ADDRESS: C/O Alan T. Schiffinan. 1166 Dimock Lane CITY Naples STATE Florida ZIP 34110-0919 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 177 Santa Clara Drive 4. LEGAL DESCRIPTION: Section: 04 Township: 50 Range: 26 Lot: Block: Subdivision: Plat Book Page #: Prope.rtyI.D.#:00400200002 Metes & Bounds Description: West Y2 of west Y2 of northwest quarter of Section 4. Township 50S. Range 26E.less North 50 feet. 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTllJTY SYSTEM rg¡ b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILTIY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) [g D D o 01/17/03 AuuDcatloD For Public Heariu For PUD Rezone Plnßzr2003-~-4493 PROJECT #2003040038 DATE: 7/31/03 FRED REISCIIL 7. TOTAL POPULATION TO BE SERVED: 74 Agenda Item No. 8C April 12, 2005 Page 36 of 85 8. PEAK AND AVERAGE DAlLY DEMANDS: A. WATER-PEAK 25,000 GPD AVERAGE DArr.,y 11.400 GPD B. SEWER-PEAK 25,000 GPD A VERAGE DAlLY 11.400 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: January 2005. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided ÍÌ"Om tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier Coúnty Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an. agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building pennits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF A V ÅllJABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 02/27103 ADDIIcatloD For Publlc Hearin2 For PUD Rezone !;( . ü l!) l!) _0 CO -:::>- \J 0 Ñr--- E"-C'? ø=Q) ~..... -Q.ro ro«o... -0 c ø Q') « --.-..------, -_.- -.--- § = . ¡ ~I 1111 fill f ¡:¡... I ! f !!J II!! ; J ~ §~ , J I · j ~ ~ !~ .. ~ ~o e I if dii! i ~ ~ ': " ~ II d If fil I If d -od ,~ J f hi ;:1 :¡¡ ?:ä bf I"~ g". ¡II Sit i ~I ~ø I à ~ a Î! Ii :¡ ~ III ; lil!i .. f j I IIÞI wil h!l ~-t I 111111:1' I ilil 1:1 'i' ~ II.~ I ;II!,I!~I U,'!I t r- - :- ~ . I! II !I n dl I'IV gg:et:n roœm:ILO 'dWM dl'lO 'lIMp"dl'r.)\WVS VB V.LN'tS\1 :Ð -- Agenda Item No. BC AFFIDAVIT April 12, 2005 Page 38 of 85 Well, Blue Bell-Meridian Partners being first duly sworn, depose and say that well am/are is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sJœtches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, arid all required information has been submitted As property owner, Well further authorize Q. Gradv Minor & Associates. P A ourlmy representative in any matters regarding this Petition. to act as ~~erty Owner A 1t4"/ r J c.""~~~ Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 2 3 day of f"-" ( . 20~ by  /qy, r ç: c.h ,/,h.u" "" who is personally known to me or has produce - as identification. State of Florida County of Collier f~ A. ADAM L YSlAK toIotery PublIc. State 01 FIorIde My comm. expires June 25, 2006 No. DO 129239 /! 4d"c.... Lvf/ø.k. (print, Type, or Stamp Co'mmissioned Name of Notary Public) Ptn)~2003-AùR-4493 PROJECT #2003040038 DATE: 7/31/03 FRED REISCHL üL()l() ._oro "J_ . 0 N"O) ~.....-C") §~ ~ - 0... CO (1J<!:t:L "D c Q) CJ) <!: ~ ¡! m ~ ~ I aWA3l1"Dfj VWBI:f\I'Ð V1NVS ~ ¡ ~ ~ I ;!i 15 !!' Ii """"OLJDN / - -.- ;¡ ~ 6. ~; I l!I ~ I! il :: ~ II I ;:;~Q ;~ if lî I ~ m 6" :iI~; ~ ...·aLY.1aEUH ~ ~ I I n !'! a.. « ~ W I- - (J) (') CJ ...,. ...,. ~ -< . (') o o N . N CI :J a. 'It:z o I-- I-- W a. a.. « ~ z o I- <C () o ...J OLDLD , 00°00 O~Õ '" ~ § , . 2('\1'0 ~ Q, N ,::..-7 H a: ~ Q3=Q) ~i '" z i _'-OJ i in un i t!> ~ -Q.('() ~ ~ IL -ð«CL . ~~~§~~lH ~ . §] a: ~ =;oJ'" .. , ~, ~ c :s <n< Q) Z ~ !! . <' OJ ;:> ! ~ "',... & « I ~ ...J ~ Sf « <:I: .~ ~ ' I . ~ ~ t) ~, q I a: w I n l~n ~ <.> z .. ~ I" I I 0 ~ u ¡¡ ..N ::t; ~i ~ . ~ !~ ,,~ ~N "." ...... -< 0..;11 -= fi ~ ~ ii' :$. ~ .1 ¿Sll ~ 6"' ~ i:¡ ;11 ~ §!i ~;: ~il: m ~ ~ PII ~!Ê ;- àU ª w i~ d ~ ~. ~~;;ª ri to:- 0 ~ .- I III ~ !I - g ~ i! 8 ~ IHh .- ; j d , ~ -1 ! I i III~I ¡'Ii "h¢ I:n D . iliM ! ai=li! ~ :I;d~ ~¡iid g !~hii Agenda Item No. 8C April 12, 2005 Page 41 of 85 ORDINANCE NO. 05-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLffiR COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLffiR COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RMF-6" TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS SANTA BARBARA LANDINGS PUD TO ADD 43 MIXED RESIDENTIAL DWELLING UNITS TO THE 248 EXISTING DWELLING UNITS FOR A TOTAL OF 291 DWELLING UNITS LOCATED ON SANTA CLARA DRNE AT THE INTERSECTION OF SANTABARBARA BOULEVARD AND RADIO ROAD, IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLffiR COUNTY, FLORIDA, CONSISTING OF 41.6± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, ArCP, ofQ. Grady Minor & Associates, and Richard D. Yovanovich, Esq., of Goodlette, Coleman & Johnson, representing Blue Bell-Meridian Partners, 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 COLLffiR COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 4, Township 50 South, Range 26 East, CoUier County, Florida, is changed mm "RMF-6" to "RPUD" Residential Planned Unit Development to be known as Santa Barbara Landings PUD to add 43 mixed residential dwelling units to the 248 existing dwelling units for a total of 291 dwelling units in accordance with the Santa Barbara Landings PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or I11Bps; as described in Ordinance Number 2004-41, as amended, the CoUier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of CoIlier County, Florida, this _ day of ,2005. BOARD OF COUNTY COMMISSIONERS COLLffiR COUNTY, FLORIDA ATTEST: BY: FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Fonn and Legal Sufficiency Patrick G. White Assistant County Attorney PUDZ-2003-AR-4493/MJDlsp Page 1 of 1 SANTA BARBARA LANDINGS RESIDENTIAL PLANNED UNIT DEVELOPMENT 41.6± Acres Located in Section 04, Township 50 S, Range 26 E Collier County, Florida PREPARED FOR: Blue Ben-Meridian Partners 1166 Dimock Lane Naples, Florida 34110-0919 PREPARED BY: Richard D. Y ovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 And D. Wayne Arnold, AICP Q. GTady Minor & Associates 3800 Via del Rey Bonita Springs, FI 34134 DATE FILED DATE APPROVED BY CPCC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" Santa Barbara PUD (CCPC 3-25-05) 3/18/05 Agenda Item No. 8C April 12, 2005 Page 42 of 85 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL "R" DEVELOPMENT AREA SECTION III SECTION IV PRESERVE "P"AREA SECTION V DEVELOPMENT COMMITMENTS Agenda.BCCAGENDA.I0925 3/18/05 Agenda Item No. BC April 12, 2005 Page 43 of 85 PAGE 11 I-I II-I III-I IV-I V-I Agenda Item No. 8C April 12, 2005 Page 44 of 85 LIST OF EXHIBITS AND TABLES EXHIBIT A CONCEPTUAL MASTER PLAN EXHIBIT B SURF ACE WATER MANAGEMENT PLAN EXHIBIT C LOCATION MAP EXHIBIT D BOUNDARY SURVEY TABLE I DEVELOPMENT STANDARDS III-3 Agenda.BCCAGENDA.10925 3/18/05 Agenda Item No. BC April 12, 2005 Page 45 of 85 STATEMENT OF COMPLIANCE Blue Bell-Meridian Partners intends to create a Residential Planned Unit Development on approximately 41.6± acres ofland located in Section 04, Township 50 S, Range 26 E, Collier County, Florida. Approximately 6.3 acres of the property is encumbered with a 100' wide roadway easement for Santa Barbara Boulevard, making the net site approximately 35.3 acres. The name of the Residential Planned Unit Development (RPUD) shall be Santa Barbara Landings RPUD. The development of the Santa Barbara Landings RPUD will be in compliance with the planning goals and objectives of Collier County as established in the Growth Management Plan. The development will be consistent with the policies of the land development regulations adopted under the Growth Management Plan and applicable regulations for the following reasons: 1. The subject property is located within the Urban Mixed Use District, Urban Residential Sub-District, as identified on the Future Land Use Map. 2. The density provided for in the Santa Barbara Landings RPUD complies with the Density Rating System contained in the Future Land Use Element of the Growth Management Plan. The subject property is located within the residential density band, which extends from the Mixed-use activity center located at the intersection of Santa Barbara Boulevard and Davis Boulevard. The density permissible is 4 dwelling units per acre. Up to 3 dwelling units per acre may be added within the density band, bringing the permissible base density to 7 dwelling units per acre. Base density Density band Maximum permitted density Requested density + 4.0 du/acre 3.0 du/acre 7.0 du/acre 7.0 du/acre (291 units) At the time of the rezoning application, 248 multiple-fumily dwellings exist on the site. The subject rezoning will add a maximum of 43 additional dwelling units for a maximum total of 291 dwelling units. All property within the RPUD boundary shall be utilized in calculating the project density. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element (FLUE). 4. Improvements are planned to be in compliance with the applicable land development regulations as required in Objective 3 of the FLUE, except as may be modified in this PUD document 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance as required in Objective 2 of the FLUE. Agenda.BCCAGENDA.I0925 3/18/05 ii Agenda Item No. BC April 12,2005 Page 46 of 85 6. Tbe design of Santa Barbara Landings RPUD protects the function of the existing drainage features and natural groundwater aquifer recharge areas as required in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. This project shall be subject to applicable Sections of the LDC at the time of development order approval, except as otherwise provided herein. Agenda.BCCAGENDA. 1 0925 3/18/05 III Agenda Item No. BC April 12, 2005 Page 47 of 85 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE Section I sets forth the location and ownership of the property, and describes the existing conditions of the property proposed to be developed under the project name Santa Barbara Landings RPUD. 1.2 LEGAL DESCRIPTION The subject property being 41.6 acres more or less, is described as: The west half (W. ~) of the west half (W. ~) of the northwest quarter (N.W. y.¡) of Section 4, Township 50 South, Range 26 East, all being situated in Collier County, Florida, less the north 50 feet thereof. SUBJECT TO EASEMENTS AND RESTRlCTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The property is currently owned by Blue Bell-Meridian Partners. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project is located in Section 04, Township 50, Range 26 and is generally bordered on the north by Radio Road, on the east by Plantation PUD; on the south by Bembridge PUD on the west by Santa Barbara Boulevard. B. The zoning classification of the subject property at the time of RPUD application is RMF -6. C. According to FEMA/FIRM Map Panel Number 120067 415 D, dated June 3, 1986, the property is located within Zone X. D. Soils on the site generally include Hallandale fine sand and Boca, Rivera, Limestone Substratum and Copeland fine sand depressional. E. Existing vegetation on the site consists of melaleuca, Brazilian Pepper, palmetto prairie, pine flatwoood, cypress, Cabbage Palm and disturbed lands. Wetland areas have been heavily impacted by melaleuca. F. According to the Collier County Drainage Atlas, the site is located in the Lely Canal Basin. The conceptual water management plan is depicted in the Surface Water Management Report, which accompanied the rezone application submittal. C:\AdLib cXpress\Work\Agcnda.BCCAGENDA.l0925.doc 2/14/05 I-I Agenda Item No. 8C April 12, 2005 Page 48 of 85 1.5 SHORT TITLE This Ordinance is known and cited as the "Santa Barbara Landings Residential Planned Unit Development Ordinance." C:\AdLib eXpress\ WorIc\Agenda.BCCAGENDA.l 0925. doc 2/14/05 1-2 Agenda Item No. 8C April 12, 2005 Page 49 of 85 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE Section II delineates and generally describes the plan of development and identifies relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT A. Santa Barbara Landings RPUD is a mixed-use residential project and will consist of two development parcels and multiple preservation areas. Categories of land uses include those for residential and preserve areas. The Residential areas are designed to accommodate single-family attached, duplex and multiple family dwellings. The overall project density is 7 dwelling units per acre and the maximum units permitted in the RPUD shall be 291 units. B. Exhibit "A" depicts the RPUD Master Plan. The RPUD Master Plan includes a table that summarizes land use acreage. The location, size and configuration of individual tracts shall be determined at the time of Preliminary and Final Subdivision Plat approval. 2.3 COMPLIANCE WIlli COUNTY ORDINANCES A. Regulations for development of Santa Barbara Landings RPUD shall be in accordance with the contents of this document, Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Land Development Code in effect at the time of building permit application. C. Unless modified, waived or excepted from this RPUD Document or associated exhibits, the provisions of other sections of the land development codes, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Adequate Public Facilities, of the Land Development Code. Agenda.BCCAGENDA. 1 0925 3/18/05 II-I Agenda Item No. BC April 12, 2005 Page 50 of 85 2.4 LAND USES Land uses are generally depicted on the RPUD Master Plan, Exhibit A. The specific location and size of individual tracts and the assignment of square footage or units shall be determined by the developer at the time of site development plan approval, preliminary subdivision plat approval, or final subdivision plat approval subject to the provisions of Chapter 10 of the Collier County LDC. 2.5 USE OF RIGHTS-OF- WAY The Developer may utilize land within the rights-of-way within the RPUD for landscaping, decorative entranceways, and unified signage. This utilization is subject to review and administrative approval during the development review process by the Community Development and Environmental Services Administrator for engineering and safety considerations. 2.6 MODEL HOMES SALES OFFICE AND CONSTRUCTION OFFICE A. Construction offices and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout the Santa Barbara Landings RPUD. These uses shall be subject to the requirements of Chapter 5 and Chapter 10 of the LDC. B. Model Homes may be permitted in multi-family and townhome buildings may be utilized for wet or dry models, subject to the time frames specified in Chapter 5 of the LDC. 2.7 CHANGES AND AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Plan as provided in Chapter 10 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by LDC. Agenda.BCCAGENDA.! 0925 3/18/05 II-2 Agenda Item No. BC April 12, 2005 Page 51 of 85 2.8 OPEN SPACE REQUIREMENTS A minimum of 30% of the project (l2.48± acres) shall be devoted to usable open space. 2.9 NATIVE VEGETATION RETENTION REQUIREMENTS A minimum of three (3) acres of native vegetation shall be maintained on the subject site through a combination of preservation of existing native vegetation and revegetation of native vegetation. The areas of retained native vegetation and replanted native vegetation are shown as Preserve areas on the Conceptual Master Plan, Exhibit A. 2.10 COMMON AREA MAINTENANCE One or more Property Owner's Association (POA) will provide common area maintenance. The POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stonnwater management systems and preserves serving Santa Barbara Landings RPUD, in accordance with any applicable permits from the South Florida Water Management District. 2.11 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in Chapter 2 of the LDC. 1. Individual Projects a) Site Planning: Each distinct project within the RPUD will provide an aesthetically appealing, identifiable path of entry for pedestrians and vehicles. The orientation of buildings and structures will be sensitive to adjacent land uses and the surrounding community. b) Landscaping: Where applicable, plantings along public rights-of way will be complimentary to streets cape landscaping. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS A. Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the RPUD, excluding preserves. B. The maximum fence, wall or berm height internal to the RPUD shall be eight (8) feet, not including those portions of walls incorporated into project identification signs. The maximum fence height shall be measured relative to the greater of the crown of the adjacent roadway or the adjacent minimum finished floor, as applicable. The eight (8') foot high precast wall shown on the conceptual master Agenda.BCCAGENDA.I0925 3/18/05 II-3 Agenda Item No. BC April 12, 2005 Page 52 of 85 plan shall be constructed concurrent with development of the residential units in tract B. C. Perimeter Buffers abutting rights-of-way shall be pennitted to deviate from the required 20' wide Type D buffer, to permit a Type D buffer an average of 20' in width, with no part of the buffer being less than 15' in width. The minimum area for the combined buffers along Radio Road and Santa Barbara Boulevard shall be 66,129 square feet (1.52± acres). 2.13 SIGNAGE A. GENERAL Signage shall be consistent with Section 5.06 of the LDC. 2.14 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS /DEVIATIONS 1. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Chapter 10 of the LDC. A. Chapter 6, Sidewalks, bike lanes and bike paths 1. Existing site constraints prohibit retrofitting of the site with sidewalks meeting standards in Chapter 6 of the LDC. 2. A six (6) foot wide sidewalk shall be provided on only one (1) side of the internal local or private roadway exceeding one thousand (1,000) feet in length serving the project's additional 43-unit component. 3. An internal sidewalk connection from the southernmost development tract (Tract B) to the existing pool/club area shall be provided at the time of construction within Tract B. 4. The developer shall make payment-in-lieu of construction of the sidewalk within Santa Barbara Boulevard, due to its programmed improvement in the five-year work program. B. Section 4.06.00, Landscaping, buffering and vegetation retention 1. Perimeter Buffers abutting rights-of-way shall be permitted to deviate from the required 20' wide Type D buffer, to pennit a Type D buffer an average of 20' in width, with no part of the buffer being less than 15' in width. The minimum area for the combined buffers along Radio Road and Santa Barbara Boulevard shall be 66,129 square feet (1.52± acres). Agenda.BCCAGENDA.I0925 3/18/05 II4 Agenda Item No. 8C April 12, 2005 Page 53 of 85 C. Construction Standards Manual, Streets and access improvements 1. Construction Standards Manual, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. 2. Construction Standards Manual, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Construction Standards Manual, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty five (25) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 2.15 GENERAL PERMITTED USES A. Certain uses shall be considered general pennitted uses throughout the Santa Barbara Landings RPUD except in the Preserve Areas. General permitted uses are those uses that generally serve the entire RPUD or distinct projects there within. B. General Permitted Uses: 1. Essential services as set forth under Chapter 2 of the LDC. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this document. 7. Signage. Agcnda.BCCAGENDA.I092S 3/18/05 II-5 Agenda Item No. 8C April 12, 2005 Page 54 of 85 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE Section III establishes pennitted uses and development regulations for areas within the Santa Barbara Landings RPUD that are designated Residential "R" on the RPUD Master Plan. 3.2 GENERAL DESCRIPTION A. Areas designated as "R" on the RPUD Master Plan are designed to accommodate multiple family residential types, recreational uses, essential services, and customary accessory uses. Acreage is based on a conceptual design. Actual acreage of the development and preserve areas shall be established at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the Collier County Land Development Code. Areas designated as "R" accommodate internal roadways, open space, parks and amenity areas, lakes and water management facilities, and other similar facilities that are accessory or customary to residential development. B. Areas designated as "R" are intended to provide a maximum of 291 dwelling units. 3.3 PERMIITED USES AND STRUCTURES A. Principal Uses and Structures 1. Single-family attached and detached. 2. Duplex and two-family. 3. Multiple-family. 4. Townhomes B. Accessory Uses and Structures I. Common indoor and outdoor recreational facilities. 2. Sales and leasing facilities. 3. Clubhouse, meeting rooms. 4. Uses and structures that are accessory and incidental to uses pennitted in this area. Agenda.BCCAGENDA.! 0925 3/18/05 III-I Agenda Item No. 8C April 12, 2005 Page 55 of 85 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Required Parking: Parking within the residential area shall be provided based on the following standards: 1. Recreation Facilities - 2 per court, 1 per 600 square feet of building area, 1 per 200 square feet of pool water area. No additional parking shall be required for outdoor playground facilities. Up to 10 parking spaces per recreational facility may be directly loaded off a private roadway serving the recreational area. 2. Temporary Model Sales Facility - minimum 6 parking spaces per building. Parking for models or temporary sales facilities shall be permitted to back directly onto private roadways serving the units. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Santa Barbara Landings RPUD, shall be in accordance with the Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during the Site Development Plan Approval as set forth in Chapter 4 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Agenda.BCCAGENDA. 1 0925 3/18105 III-2 Agenda Item No. BC April 12, 2005 Page 56 of 85 TABLE I SANTA BARBARA LANDINGS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS All distances are in feet unless otherwise noted. Permitted Uses and Single Zero Lot Duplex, Single Multi-Family Standards Family Line Family DwellingsS Detached Attached and Townhouses Minimum Lot Area 5,000 SF 4,000 SF NA NA Minimum Lot Width 50' 40' NA NA Minimum Lot Depth 100' 100' NA NA Front Yard Setback 20'/23' 20'/23' 20'/23' 20'/23' Side Yard Setback 6' 0' or6' 0' or 6' 15' Rear Yard Setback" 15' 15' 15' 15' Santa Barbara Blvd. R-O-W Setback 20' 20' 20' 20' Rear Yard Accessory Setbac¡¿ 10' 10' 10' 10' Preserve Setback" Accessory 10' 10' 10' 10' Principal 25' 25' 25' 25' Maximum Zoned Building 2 Stories 2 Stories 2 Stories 2 Stories Height or 30' or 30' or 30' or 30' Distance Between 4 Detached Principal Structures 12' 12' 12' 15' Floor Area Min. (SF) 750 SF 750 SF 750 SF 750 SF I Front yards shall be measured as follows: A. Tfthe parcel is served by a public right-of-way, setback is measured ftom the adjacent right-of-way line. B. Tfthe parcel is served by a private road or access easement, setback is measured ftom the back of cmb (if curbed) or edge of pavement (if not cmbed). For multiple family buildings served by an unplatted driveway, no setback shall be required; however, adequate stacking shall be provided to accommodate vehicular parking. For tract B, fton! entry garage setback shall be a minimum of 23' ftom private row or back edge of sidewalk. C. For structures with side or rear entry garages, the nrinimum ftont yard may be reduced to 12'. 2Rearyards for principal and accessory structures on lots and tracts which abut lake, or open space (non-preserve) may be reduced to 0' feet; however, a reduced building setback shall not reduce the width of any required landscape buffer, as may be applicable. 3For purposes of tills Section, accessory structures shall include but not be limited to attached screen enclosures and roofed lanais. 4 A minimum building separation of twelve (12) feet between detached structures. Detached garages may be separated by a minimum often (10) feet. S Attached single-fumily and multi-fumily structures within Tract B shall not exceed 4 dwelling lDlilS per structure. Agcnda.BCCAGENDA.10925 3/18/05 III-3 Agenda Item No. BC April 12, 2005 Page 57 of 85 ~.,..-- SECTION IV PRESERVE "P" AREAS 4.1 PURPOSE Section IV establishes permitted uses and development regulations for areas within Santa Barbara Landings RPUD that are designated as Preserve "P" on the RPUD Master Plan. 4.2 GENERAL DESCRIPTION Areas designated as "P" on the RPUD Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 4.3 PERMIITED USES AND STRUCTURES A. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, subject to review and approval by local, state & federal agencies as required, for other than the following: B. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (excluding impervious paved trails). 2. Water management facilities. 3. Any other preserve and related use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. 4.4 PROPERTY DEVELOPMENT REGULA nONS A. Building setbacks shall be 20 feet rrom the RPUD boundary for any permitted structure. B. Maximum zoned height for any structure shall be 20'. 4.5 PRESERVE AREA ADJUSTMENTS The proposed preserve areas depicted on the Santa Barbara Landings RPUD Master Plan are intended to meet the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservation areas at the time of preliminary plat or site development plan approval based on jurisdictional agency permit requirements. Approximately 6 acres of native vegetation exists on-site at the time of rezoning application. Through retention of existing native vegetation and revegetation of open Agenda.BCCAGENDA.! 0925 3/18/05 N-1 Agenda Item No. 8C April 12, 2005 Page 58 of 85 spaces on-site, the developer shall provide a mmunum of 3 acres of on-site native vegetation, which shall consist of a minimum of 1.5 acres of retained vegetation and 1.5 acres of replanted and enhanced native vegetation. Agenda.BCCAGENDA. 1 0925 3/18/05 IV-2 Agenda Item No, 8C April 12, 2005 Page 59 of 85 SECTION V DEVELOPMENTCO~TMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this RPUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the RPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. These developer commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, it successors and assigns, regardless of turnover or not to any property or homeowners' association. The developer, his successor or assignee, shall follow the RPUD Master Plan and the regulations ofthis RPUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 RPUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be fmal and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Chapter 10 of the LDC, amendments may be made from time to time. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. The landowners shall proceed and be governed according to the time limits pursuant to Chapter 10 of the LOC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Chapter 10 of the LDC. Agenda.BCCAGENDA.I0925 3/18/05 V-I Agenda Item No, BC April 12, 2005 Page 60 of 85 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the LOC. 5.6 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), this project shall be designed for a stonn event of 3-day duration and 25-year return frequency. A. The project will be pennitted with the South Florida Water Management District and copies of the applicable pennits will be provided to Collier County prior to issuance of applicable County permits. B. Existing lakes already constructed as of the effective date of this regulation shall be allowed to continue to exist in accordance with cross sections shown on Swface Water Management Plan, Exhibit "B". Any new lakes must meet the requirements of the then current LDC. 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. C. Water and wastewater systems shall be constructed in accordance with State of Florida Laws and Collier County's Codes and Ordinances. D. All construction plans, technical specifications and hydraulic design reports are to be reviewed and approved in writing by the Engineering Services Department of the Community Development and Environmental Services Division prior to commencement of construction E. Upon completion of construction, all water and wastewater systems within the project shall be tested and must meet minimum County standards and Agenda.8CCAGENDA, 1 0925 3/18/05 V-2 Agenda Item No. 8C April 12, 2005 Page 61 of 85 requirements. The system(s), or a portion thereof, that is found to meet the requirements set forth in item #5 below, may then be conveyed to the County for ownership and maintenance. F. If County's utility system does not have access readily available to serve a project 'within the County's service area, extensions to the County infrastructure may be required. All required extensions shall be the sole responsibility of the Developer, fiscaIJy and othenvise (time and schedule), unless such extension has been previously defined in the County Water and/or Wastewater Master Plan. In such case, the developer may negotiate an upsizing agreement with the County. If it is determined by the County that neither of these two options are feasible, in interim system may be considered. G. Items on the following list shall be conveyed to the County for ownership and maintenance upon approval from the Board of County Commissioners if they are located within a County right-of-way or County Utility Easement (CUE), are in compliance with the latest revision of the Collier County Utilities Standards and Procedures Ordinance, and are connected to the County Water, Wastewater or Reclaimed Systems: 1. Potable water lines 6" or larger, including water meters and backflow devices that are not on fire lines. 2. Gravity wastewater lines 8" or larger. 3. Wastewater lift stations that are located within a CUE. 4. Force mains 4" or larger. 5. CUE's that are determined to be necessary to access and maintain utility systems and structures. 6. Non-potable irrigation water lines 6" or larger, including the water meter and backflow devices. For potable and reclaimed water distribution systems that will not be conveyed to the County, a master meter shall be required. Such systems shall be owned and maintained by the applicant, his successor or assigns, from the customer side of the master meter and backflow device or the check valve at the property line or County Utility Easement limit. School and park developments are included in the list of types of developments whose internal systems the applicant or assigns shall be responsible to own and maintain. H. Private lift stations shall conform to the same specifications that apply to public lift stations, unless a Deviation from the Ordinance has been granted in advance Agenda.BCCAGENDA.10925 3/18/05 V-3 Agenda Item No. 8C April 12, 2005 Page 62 of 85 and writing by the County Wastewater. The lift station Control Package shall include an operable Telemetry Control System, as specified by COlUlty Standards. 1. The developer will pay all impact fees in accordance with the latest revision of the Collier County Consolidated Impact Fee Ordinance, Code of Laws Section 74.303(d). - 1. PUD's and DRI's shall have only one master pump station. K. Lift station easement areas shall be designed to 30 feet by 30 feet, or twice the wetwell depth by twice the wetwell depth, whichever is larger. L. Pursuant to Ordinance No. 90-30, as amended, Code of Laws Chapter 118, solid waste disposal shall be required in the form of bulk containers service (garbage dumpsters and/or compactors) for all commercial and industrial establishments, unless authorization for alternative means of disposal is approved by the Public Utilities Division. Bulk container service shall be required to all multi-family projects not receiving curbside pickup. Solid waste disposal shall be required in the form of curbside pickup for all units on the annual Mandatory Trash Collection and Disposal Special Assessment Roll's. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as othetwise permitted in Section 5.03.04 ofthe LDC. M. Pursuant to Ordinance No. 90-30, as amended, Code of Laws Chapter 118, all provisions and facilities for solid waste collection and disposal shall conform to all portions of Section 5.03.04 (Solid Waste Collection and Disposal) of the latest edition of the LDC. 5.8 TRAFFIC The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier cOlmty Land Development code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All Agenda.BCCAGENDA. 1 0925 3/18/05 V-4 Agenda Item No. 8C April 12, 2005 Page 63 of 85 required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, Code of Laws Chapter 74 and Chapter 6 and Chapter 10 of the LDC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a Right-of-way Pennit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. 1. If any required turn lane improvement requires the use of existing County right- of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is detennined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. 5.9 PLANNING Pursuant to Chapter 2 of the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Agenda.BCCAGENDA,! 0925 3/18/05 V-5 .~",....-,--_._.- Agenda Item No. 8C April 12, 2005 Page 64 of 85 5.10 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, shall be submitted to Environmental Services Staff for review and approval prior to Final Site Development Plan/Construction Plan approval for all parce1s included on that project. All category 1 invasive exotic plants as defined by the Florida Exotic Pest Council shall be removed in Preserve areas, and annual removal (in perpetuity) shall be the responsibility ofthe property owner. B. A minimum of (3.0 acres) of the on-site native vegetation shall be retained or revegetatecl, consistent with Chapter 3 of the LDC as conceptually shown as preserve areas on the Exhibit "A", Conceptual RPUD Master Plan. C. Setbacks from preserves shall be as required in the Santa Barbara Landings RPUD, Table 1. D. All preserve areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be so dedicated on all plats or recorded as an easement for site plans pursuant to Section 704.06 of the Florida Statutes, for plats and be dedicated to the project's homeowners' association or like entity for ownership and maintenance responsibility, and to Collier County with no responsibility for maintenance. All documentation necessary to record conservation easements over the preserve areas shall be provided prior to the next SDP approval for this RPUD. E. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan for those species shall be submitted to environmental review staff for review and approval prior to site plan approval. F. This RPUD shall be in compliance with the Growth Management Plan, and LDC, except as may be modified herein, at the time of final development order approval. G. A preserve Management Plan shall be provided to environmental staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management and maintenance. A SFWMD jurisdictional determination shall be shown on the site development plan. H. All approved agency permits shall be submitted pnor to final site plan/construction plan approval. 1. A replanting plan for the re-created preserve areas shall be provided at the time of next development order submittal. Perimeter berms shall be located outside of all upland/wetland preserves. Agenda.BCCAGENDA.10925 3/18105 V-6 Agenda Item No. BC April 12, 2005 Page 65 of 85 SANTA BARBARA LANDINGS POO DEVIATIONS AND JUSTIFICATIONS 1. Chapter 6, Sidewalks, bike lanes and bike paths a) Existing site constraints prohibit retrofitting of the site with sidewalks meeting standards in Chapter 6 of the LDC. b) A five (5) foot wide sidewalk shall be provided on only one (1) side of the internal local or private roadway exceeding one thousand (1,000) feet in length serving the project's additional 43- unit component. c) An internal sidewalk connection nom the southernmost development tract (Tract B) to the existing pooVclub area shall be provided at the time of construction within Tract B. d) The developer shall make payment-in-lieu of construction of the sidewalk within Santa Barbara Boulevard, due to its programmed improvement in the five-year work program. Deviations have been proposed relating to sidewalks within the Santa Barbara Landing POO. A majority of the site has been previously developed and cannot be retrofitted with dual sidewalks internal to the site. Meetings with Transportation Staff resulted in an agreement that sidewalks on one side of the internal street system were sufficient. The developer further agreed to provide an internal pedestrian connection linking the recreation tract with the newly proposed development area of the project. Although not a formal code deviation, the developer has agreed to make a fee-in-lieu-of payment for sidewalk improvements on Santa Barbara Boulevard. Constructing the sidewalk is not practical given the County's proposed ROW improvements to Santa Barbara Boulevard. 2. Construction Standards Manual, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. Streets and drive aisles shall meet applicable NFP A criteria, State Fire Code NFPA-13.5.2.2. F:\JOB\SANT A BARBARA LANDINGS\Deviations.doc Agenda Item No. BC April 12, 2005 Page 66 of 85 Street right-of-way width: The minimum right-of-way width to be utilized. for local streets and cul-de-sacs shall be forty (40) feet. The proposed 40' right-of-way width for internal street is sufficient to support the required infrastructure for the newly proposed development area of the PUD. This deviation has been previously approved by Collier County. 3. Construction Standards Manual, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. The deviation for cul-de-sac lengths exceeding 1,000 feet has been requested to provide flexibility in final subdivision design. Exceeding 1,000 feet in length for a cul-de-sac street will pose no life safety threats, as the roadways will be designed to accommodate appropriate turning radius for fire apparatus. 4. Construction Standards Manual, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty five (25) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. This deviation request has been withdrawn. F:\JOB\SANT A BARBARA LANDINGS\Deviations.doc Agenda Item No. BC 2ND RE-SUBMITTAL /\pri112,200" PUDz..2003-AR-4493 Page 67 of 85 PROJECT #2003040038 DATE: 7/12/04 FRED REISCHL Prepared by: Q. Grady Minor &, Associates, P.A. Civil Engineers : Land Surveyors: Planners 3800 Via Del Rey Bonita Springs, Florida 34134 (941) 947-1144 (941) 947-0375 (F) July 2004 ... ~~rili;- 7) /04 Norman J. bilcock, P.E. ,/ / ~ Florida Regtió:~tiòn No. 47-116 '- .~ .....- Agenda Item No, BC April 12, 2005 Page 68 of 85 ENGINEER'S REPORT PURPOSE: This application is a request for conceptual approval of a surface water management system serving a 41.61-acre residential community. Excluding the right~f-way for Santa Barbara Blvd., the site totals 35.49 acres. EXISTING CONDITIONS: The proposed site is currently partially developed. The site was originally developed in the late 1980's. All runoff moves generally to the south thru a series of pipes, drainage structures and wet detention to the existing preserve, draining directly into the Santa Barbara Blvd. roadside swale via an existing control structure. PROPOSED FACILITIES: The proposed project will consist of a combination of the existing system, plus an additional area for dry detention before it is discharged thru a control structure to the Santa Barbara Blvd. roadside swale for water management. A. DRAINAGE INFORMATION 1. The basin will consist of the existing 248-multi-family residential units, the proposed 43 additional multi-family units, the existing recreation facilities, lakes, and a preserve. 2. The wet season water table elevation and control elevation is 9.5' NGVD based on the proposed roadway improvements for Santa Barbara Blvd and existing conditions. The dry detention areas will have a bottom elevation of 10.5' N.G.V.D. 3. The following design storms were used for this basin: · 10 Year, 1 day rainfall = 7.3 inches · 25 Year, 1 day rainfall = 8.6 inches · 100 Year, I day rainfall = 11.0 inches 4. The runoffhydrographs were created using the SFWMD Routing Model Cascade 2001 (Version 1.0) program. 5. Time of concentration (tc) = 2(Total site area/640)0.5 = 2(35.49/640)°·5 = 0.47 hours F:\JOB\SANTA BARBARA LANDINGS\WATERMAN'SWM REPORT.doc Page 2 of6 L___~ Agenda Item No. BC April 12, 2005 Page 69 of 85 6. Stage/storage calculations: Stage (FT, NGVD) 9.50 10.0 10.5 11.0 11.5 12.0 Basin Land Use Areas Wet Detention 3.40 3.40 3.40 3.40 3.40 3.40 3.40 3.40 3.40 3.40 Dry Detention 0.00 0.00 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 Residential Development Area 0.00 0.00 0.00 0.00 4.00 8.50 9.25 12.58 12.58 12.58 Residential Open Space 0.00 0.00 4.50 6.00 8.00 10.00 12.50 15.00 16.26 16.26 On Site Wetland/Preserve 1.00 0.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Santa Barbara Landings Total 3.40 3.40 11.15 12.65 18.65 25.15 28.40 34.23 '35.49 35.49 Incremental Storage (Ac*Ft) 0 1.7 3.64 5.95 7.83 10.95 13.39 15.66 17.44 17.76 Cumulative Storage (Ac*Ft) 0 1.7 5.34 11.29 19.12 30.07 43.46 59.12 76.55 94.32 Note: AU storage values are in acre-feet. Open space areas are assumed to be linear between elevation 9.5 and 13.5. The pavement is assumed to be fuD at eltwation 11.7 and includes curb and sidewalk. 7. Soil Storage The average depth to the water table will be = average site grade elevation - average site water table elevation = 12.5- 10.5 = 2.0 feet From the soil storage table, with compaction and 2.0 feet to the water table, up to 1.88 inches of moisture can be stored in the soil under pervious areas. Compute available site wide soil storage, S = soil storage available * pervious areas / total site area = (1.88) * (19.51 ac) / (35.49 ac) = 1.03" of soil storage = 5 Compute SCS Curve Number, CN = 1000/(8+ 10) = 1000/(11.03) = 90.7 8. Stage/discharge calculations. The discharge calculations were petformed by Cascade and are included in Attachment A. F:\JOBISANfA BARBARA LANDINGS\W ATERMAN\SWM REPORT.doc Page 3 of6 .._--------~ Agenda Item No. 8C April 12, 2005 Page 70 of 85 9. Surface Water Profiles and Runoff Peak Rates 25- YEAR 3-DAY 100- YEAR 3-DAY STORM * STORM ** STAGE (NGVD) 11.80 12.40 DISCHARGE (CFS) 2.11 0 *= Refer to modeling results in Exhibit I. **= Refer to modeling results in Exhibit 2. The minimum road elevation in this basin will be 11.80. The minimum existing road crown is 12.0. The minimum finish floor elevation of the first habitable floor will be 12.4. The minimum existing finish floor elevation on site is 13.49. This is equal to or greater than the Flood Insurance Rate Map that shows this project in Zone X (per Community-Panel Number 1200670415 D revised June 3, 1986) which is outside the 1 00 Year Flood Hazard area. but within the 500 Year Flood Area. B. SITE DATA Total SitelDrainage Basin 35.49 ac 100.00% Impervious Pavement/Curb/Sidewalk 8.92 ac 25.13% Building (Garage footprint) 3.66 ac 10.31% Dry Detention (at bottom) 0.25 ac 0.70% Pervious Open space 19.51 ac 54.97% Note: P/e/lse note that due to rounding, are/lS and percentages may not totll/l OO%. C. WATEROUALITY ANALYSIS Water quality must the greater of the following: first inch of runoff over the entire site versus 2.5 times the percentage of imperviousness. 1. Compute the first inch of runoff from the developed project: = (1 ")(35.49 ac)(1' /12") = 2.96 ac-ft 2. Compute 2.5 inches times the percentage of imperviousness: Site area for water quality pervious/impervious calculations only: = Total project - (water surface + building) = 35.49 ac - (3.40 ac + 3.66 ac) = 28.43 ac of site area for water quality pervious/impervious Impervious area for water quality pervious/impervious calculations only: F:\JOB\SANTA BARBARA LANDINGS\WATERMAN\SWM RFPORT.doc Page 4 of6 "---.- -..... Agenda Item No. 8C April 12, 2005 Page 71 of 85 = (Site area for water quality pervious/impervious) - pervious = 28.43 ac-19.51 ac = 8.92 ac Percentage of imperviousness for water quality: = (Impervious area for water quality/Site area for water quality) '" 1 00 = (8.92 ac/ 28.43 ac) * 100 = 31.3% impervious For 2.5 inches times the percentage impervious: = 2.5" * 0.313 = 0.78" to be treated Compute the volume required for water quality detention: = inches to be treated '" (total site - water management) = 0.78" '" (35.53 ac- 3.40 ac) '" (1 '/12") = 2.10 ac-ft 2.96 > 2.10 so 1" times the entire site controls water quality requirements and 2.96 ac-ft must be detained on-site prior to discharge. Using the existing weir at elevation 12.0 is consistent with the modeling done for this project. D. BLEEDER DESIGN The head is the height ITom the invert of the main weir down to the centroid of the bleeder. It was determined that the main weir would be at elevation 12.0 to meet water quality requirements. The existing control structure has the inverted 'v' bleeder with a control elevation of9.50. The model was run using a 'v' bleeder similar to the existing structure but was modified slightly to reduce the total discharge. E. ALLOWABLE DISCHARGE Allowable discharge is based on the Collier County Stormwater Management Department Lely Canal Basin Map. This map allows a Minimum Allowable Discharge of 0.06 cfs/acre. 0.06 cfs/ac '" 35.53 ac. = 2.13 cfs Using the existing control structure there is a 3.16'-wide inverted 'v' shaped bleeder (invert elevation of 9.50) and a 4.51 '-wide broad-crested main weir (crest at elevation 12.0), the maximum discharge during the 3-day 25-year design storm is 2.73 cfs, which is above the maximum allowed. We have provided calculations with a modified weir, where the discharge is 2.11 cfs, which if acceptable. At this point, tail water impacts are not included, but would be incorporated in the final design analysis. F:IJOB\SANJ'A BARBARA lANDINOS\WATERMAN'SWM REPORT.doc Page 5 of6 -'-----..- Agenda Item No, BC April 12, 2005 Page 72 of 85 F. DISCUSSION AND SUMMARY The proposed project will be permitted through the South Florida Water Management District, due to proposed wetland impacts. The enclosed calculations are based on applicable SFWMD/Collier County criteria and the system as conceptually designed provides an, appropriate surface water management system. The system as designed provides adequate surface water management. F:OOB\SANTA BARBARA lANDINGS\WA1ERMANlSWM REPORT.doc Page 6 of6 Cascade 2001 Version 1.0 File: 25yr with revised control structure Date: July 01, 2004 Agenda Item No, BC April 12, 2005 Page 73 of 85 Page 1 Project Name: SANTA BARBARA LANDINGS Reviewer: SB Project Number: SBLPUD2 Period Begin: Aug 27, 2002;0000 hr End: Sep 10, 2002;0000 hr Duration: 336 hr Time Step: 0.2 hr, Iterations: 10 Basin 1: BASIN 1 Method: Santa Barbara Unit Hydrograph Rainfall Distribution: SFWMD - 3day Design Frequency: 25 year 1 Day Rainfall: 8.6 inches Area: 35.49 acres Ground Storage: 1.03 inches Time of Concentration: 0.47 hours Initial Stage: 9.5 ft NGVD ~XHIBIT 1- - Stage (ft NGVD) Storage (acre-ft) --------- --------- 9.50 10.00 10.50 11. 00 11.50 12.00 12.50 13.00 13.50 14.00 0.00 1. 70 5.34 11.29 19.12 30.07 43.46 59.12 76.56 94.32 Offsite Receiving Body: Offsitel Time (hr) Stage (ft NGVD) --------- --------- 0.00 336.00 0.00 0.00 Structure: 1 From Basin: BASIN 1 To Basin: Offsite1 Structure Type: Gravity Weir: Broad Crested, Crest Elev = 12 ft NGVD, Length = 4.51 ft, Weir Coef 0 Bleeder: Inv-Tri, Invert Elev = 9.5 ft NGVD, Height = 0.25 ft Width = 2.4 ft Default Coefs: Weir Coef = 2.5, Orifice Coef = 0.6 Pipe: Diameter = 2 ft, Manning's n = 0.13, Length = 45 ft US Invert Elev = 9.5 ft NGVD, DS Invert Elev = 9.5 ft NGVD, no flap gate Time (hr) Cumulative Rainfall (in) Instant Runoff (cfs) Current Discharge (cfs) Cumulative Discharge (acre-ft) Head Water Stage eft NGVD) Tail Water Stage (ft NGVD) ==================================~=======================================~==== 0.00 0.00 0.00 0.00 0.00 9.50 0.00 4.00 0.21 0.00 0.00 0.00 9.50 0.00 8.00 0.42 0.53 0.00 0.00 9.53 0.00 12.00 0.63 0.90 0.00 0.00 9.60 0.00 16.00 0.84 1.13 0.00 0.00 9.70 0.00 20.00 1. 05 1.29 0.00 0.00 9.81 0.00 24.00 1. 26 1. 40 0.00 0.00 9.94 0.00 28.00 1. 56 2.20 0.88 0.21 10.04 0.00 32.00 1. 87 2.32 0.95 0.52 10.10 0.00 36.00 2.17 2.40 1. 02 0.84 10.16 0.00 40.00 2.48 2.46 1.08 1.19 10.23 0.00 44.00 2.78 2.50 1.14 1.56 10.29 0.00 48.00 3.09 2.54 1.19 1. 94 10.35 0.00 Agenda Item No. 8C Cascade 2001 Version 1.0 April 12, 2005 July 01, 2004 Pa~e 74 of 85 File: 25yr with revised control structure Date: P ge 2 Cumulative Instant Current Cumulative Head Water Tail Water Time Rainfall Runoff Discharge Discharge Stage Stage (hr) (in) (cfs) (cfs) (acre-ft) (ft NGVD) (ft NGVD) ==--=========================================================================--== 52.00 3.47 3.84 1. 26 2.35 10.43 0.00 56.00 4.27 8.52 1. 39 2.79 10.59 0.00 60.00 8.73 :41.12 1. 76 3.28 11.15 0.00 64.00 10.66 9.31 2.07 3.95 11. 71 0.00 68.00 11.27 5.50 2.10 4.64 11.77 0.00 72 .00 11.69 3.67 2.11 5.33 11.80 0.00 76.00 11.69 0.00 2.10 6.03 11.77 0.00 80.00 11.69 0.00 2.08 6.72 11.74 0.00 84.00 11.69 0.00 2.07 7.41 11.71 0.00 88.00 11. 69 0.00 2.05 8.09 11.68 0.00 92.00 11.69 0.00 2.03 8.76 11. 65 0.00 96.00 11. 69 0.00 2.02 9.43 11.62 0.00 100.00 11.69 0.00 2.00 10.09 11. 59 0.00 104.00 11.69 0.00 1. 99 10.75 11. 56 0.00 108.00 11.69 0.00 1. 97 11.41 11.53 0.00 112.00 11. 69 0.00 1. 96 12.06 11. 50 0.00 116.00 11.69 0.00 1. 93 12.70 11.46 0.00 120.00 11.69 0.00 1. 91 13.33 11.42 0.00 124. 00 11.69 0.00 1. 89 13.96 11. 38 0.00 128.00 11.69 0.00 l.87 14 .58 11.34 0.00 132.00 11.69 0.00 1. 85 15.20 11. 30 0.00 136.00 11.69 0.00 1. 82 15.80 11.26 0.00 140.00 11.69 0.00 1. 80 16.40 11. 22 0.00 144. 00 11. 69 0.00 1.78 16.99 11.18 0.00 148.00 11.69 0.00 1. 76 17.58 11.15 0.00 152.00 11.69 0.00 1. 73 18.16 11.11 0.00 156.00 11.69 0.00 1.71 18.73 11. 07 0.00 160.00 11.69 0.00 1. 69 19.29 11.04 0.00 164.00 11.69 0.00 1. 67 19.84 11. 00 0.00 168.00 11. 69 0.00 1. 64 20.39 10.96 0.00 172 . 00 11.69 0.00 1. 61 20.93 10.91 0.00 176.00 11.69 0.00 1.58 21. 45 10.87 0.00 180.00 11. 69 0.00 1. 55 21.97 10.82 0.00 184.00 11.69 0.00 1.52 22.48 10.78 0.00 188.00 11. 69 0.00 1.50 22.98 10.74 0.00 192.00 11.69 0.00 1. 47 23.47 10.70 0.00 196.00 11.69 0.00 1. 44 23.95 10.66 0.00 200.00 11.69 0.00 1. 41 24.42 10.62 0.00 204.00 11.69 0.00 1. 38 24.88 10.58 0.00 208.00 11.69 0.00 1. 35 25.33 10.54 0.00 212.00 11.69 0.00 1.32 25.77 10.50 0.00 216.00 11.69 0.00 1.28 26.20 10.45 0.00 220.00 11.69 0.00 1.23 26.62 10.39 0.00 224.00 11.69 0.00 1.18 27.01 10.34 0.00 228.00 11.69 0.00 1.13 27.40 10.28 0.00 232.00 11.69 0.00 1. 09 27.76 10.23 0.00 236.00 11.69 0.00 1. 04 28.11 10.19 0.00 240.00 11.69 0.00 0.99 28.45 10.14 0.00 244.00 11.69 0.00 0.94 28.77 10.10 0.00 248.00 11.69 0.00 0.90 29.07 10.05 0.00 252.00 11.69 0.00 0.85 29.36 10.01 0.00 256.00 11.69 0.00 0.00 29.49 9.99 0.00 260.00 11.69 0.00 0.00 29.49 9.99 0.00 264.00 11. 69 0.00 0.00 29.49 9.99 0.00 268.00 11.69 0.00 0.00 29.49 9.99 0.00 272.00 11.69 0.00 0.00 29.49 9.99 0.00 276.00 11.69 0.00 0.00 29.49 9.99 0.00 280.00 11.69 0.00 0.00 29.49 9.99 0.00 284.00 11. 69 0.00 0.00 29.49 9.99 0.00 288.00 11.69 0.00 0.00 29.49 9.99 0.00 292.00 11.69 0.00 0.00 29.49 9.99 0.00 296.00 11.69 0.00 0.00 29.49 9.99 0.00 300.00 11. 69 0.00 0.00 29.49 9.99 0.00 304.00 11. 69 0.00 0.00 29.49 9.99 0.00 308.00 11.69 0.00 0.00 29.49 9.99 0.00 312.00 11. 69 0.00 0.00 29.49 9.99 0.00 316.00 11.69 0.00 0.00 29.49 9.99 0.00 .--------- Cascade 2001 Version 1.0 File: 25yr with revised control structure Date: July 01, 2004 Agenda Item No, BC April 12, 2005 Paae 75 of 85 P::ige 3 =============================================================================== Time (hr) Cumulative Rainfall (in) Current Discharge (cfs) Instant Runoff (cfs) 320.00 324.00 328.00 332.00 336.00 11. 69 11.69 11.69 11.69 11. 69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 STRUCTURE MAXIMUM AND MINIMUM DISCHARGES =======================================~=============== Struc Max (cfs) Time (hr) Min (cfs) ======================================================= 1 2.11 72.20 0.00 BASIN MAXIMUM AND MINIMUM STAGES Cumulative Discharge (acre-ft) Head Water Stage (ft NGVD) 29.49 29.49 29.49 29.49 29.49 Time (hr) 0.00 Basin Min (ft) =============================================================== Time (hr) Max (ft) Time (hr) =============================================================== BASIN 1 11. 80 72.20 BASIN WATER BUDGETS (all units in acre-ft) 9.50 0.00 Tail Water Stage (ft NGVD) 9.99 9.99 9.99 9.99 9.99 0.00 0.00 0.00 0.00 0.00 Basin Total Structure Structure Runoff Inflow Outflow ================================================================================= Residual Initial Storage Final Storage BASIN 1 29.48 ================================================================================= 0.00 31.15 0.00 _..,.."~._"'~....~.~". 0.00 1. 67 -------.- , . Agenda Item No, 8C April 12, 2005 Page 76 of 85 Pàge 1 Cascade 2001 Version 1.0 File: 100yr Date: July 01, 2004 Project Name: SANTA BARBARA LANDINGS Reviewer: SB Project Number: SBLPUD2 Period Begin: Aug 27, 2002;0000 hr End: Sep 10, 2002;0000 hr Time Step: 0.2 hr, Iterations: 10 Duration: 336 hr Basin 1: BASIN 1 Method: Santa Barbara Unit Hydrograph Rainfall Distribution: SFWMD - 3day Design Frequency: 100 year 1 Day Rainfall: 11 inches Area: 35.49 acres Ground Storage: 1.03 inches Time of Concentration: 0.47 hours Initial Stage: 9.5 ft NGVD FXHIB1T _... - z. - Stage (ft NGVD) Storage (acre-ft) --------- --------- 9.50 10.00 10.50 11.00 11. 50 12.00 12.50 13.00 13.50 14.00 0.00 1. 78 5.34 11. 29 19.12 30.07 43.46 59.12 76.56 94.32 Offsite Receiving Body: Offsitel Time (hr) Stage (ft NGVD) --------- --------- 0.00 336.00 0.00 0.00 STRUCTURE MAXIMUM AND MINIMUM DISCHARGES ------------------------------------------------------- ------------------------------------------------------- Struc Max (cfs) Time (hr) Min (cfs) Time (hr) ------------------------------------------------------- ------------------------------------------------------- BASIN MAXIMUM AND MINIMUM STAGES --------------------------------------------------------------- --------------------------------------------------------------- Basin Max (ft) Time (hr) Min (ft) Time (hr) ----------------------------------------------------------------- --------------------------------------------------------------- BASIN 1 12.40 76.20 9.50 0.00 BASIN WATER BUDGETS (all units in acre-ft) --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- Basin Total Structure Structure Runoff Inflow Outflow Initial Storage Final Storage Residual ================================================================================= BASIN 1 40.74 0.00 0.00 0.00 40.74 0.00 - - -------- Agenda Item No. 8C April 12,2005 Page 77 of 85 TRAFFIC IMPACT STATEMENT FOR SANTA BARBARA LANDING PUD Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 JUNE 2003 F:\TOB\5ANTABARBARA1.AND\Cds\5BlPUDTIS.DOC SßlPUD Agenda Item No, 8C April 12, 2005 Page 78 of 85 Pagel SANTA BARBARA LANDING PUD INTRODUCTION The subject Santa Barbara Landing PUD proposes a change in allowable land uses for a 35± acre parcel located on the southwest comer at the intersection of Radio Road and Santa Barbara Boulevard. The property is located in the northwest quarter of Section 4, Township 50 South, Range 26 East, Collier COWlty, Florida. For project location please refer to F1gure 1, Location Map, page 2. The approved for 248 multiple family dwelling units, which have been constructed. The current request proposes a maximum of 300 multiple family dwelling units, or an additional 52 units over existing. The project has one existing entrance on each Santa Barbara Boulevard and Radio Road. Refer to Figure 2, on page 3, for a reduction of the proposed concept plan. SCOPE The following analyses are included in this report: 1. Trip Generation Calculations (at buildout) presented for Peak Season Daily Traffic (pSDT) including the respective peak. hour volmnes. 2. Trip Assignment within the Radius of Development húluence (RDI). 3. Existing Traffic Volumes within the RDI; AADT volumes, PSDT volumes, and Level of Service (LOS). 4. Discussion of impacts to roadwavs within the RDI. TRIP GENERATION Trip generation rates are estimated using 6th Edition Trip Generation published by the Institute of Transportation Engineers. Land Use Code 220, Aparbnent and Land Use Code 230, Residential Condominium were used to estimate trip generation for the project. Trip generation calculations are presented for both the existing and proposed land uses. Stnnmaries of the Trip Generation Calculations for the project are shown on Tables 1 and 2, on pages 4 and 5. The trip generation for the proposed uses is estimated to be 1,994 trip ends for daily traffic volume and 188 trip ends during the highest peak hour (PM). The trip generation for the previous land uses is estimated to be 1,621 trip ends for daily traffic volume and 153 trip ends during the highest peak hour (PM). This represents net new trips of373 trip ends for daily traffic and 351rip ends during the highest peak hour for the property. Please refer to the DISCUSSION section for details concerning the effects of these traffic vol1nnes on the level of service for roadway links within the RDI. F:\10B'SANTABARBARALAND\Cds\SBLPUDTIS.DOC SBLPUD Agenda Item No. BC April 12, 2005 Page 79 of 85 FIG URE 1 I \ ø I ,., 11 " II 3D 21 :t2 ~ .. GATE 'C1 · SI · a · :IS J4 · GulJ : · ... J. 10.1 OJ · · Mexico · - .... -- CITY ...w. : OF · -..- NAPLES - . 'II I' a ....., · '0 10 · · . - ,. . · .. _NITtA.C. · "IUI'I · · · "AI It · '1'1'11' to ... 17 3:-:. ~ 15 .. · I. .... " 15 · ,. - · ...- · · ........ ''''h,II'.,.11 "".11... .. ...., l£Ly --- 2a 23 .. ZO 21 22 -- ....- CCMIIUNTY CIJIJ.£Œ 27 2& 2' JO 28 27 ~ CI) ~ N '!": .... .... 5 34 35 38 31 ¡¡: U) ¡:: ~ '" cri 3 2 W ct: ::> C!) ¡¡: U) 5 j SANTA BARBARA LANDING PUD ct: « aJ ~ LOCATION MAP z -« '2 " ~ ;s! (j ·ümm co 00:) 0_ ON 0 ZÑO E"'-o:) ill = ê-, == Ci ro ro«o... "D c ill û'J « FIG URE , i I ~ :¡; Q. ~ ~ ~ N" C) ¡¡; ø ¡:: î u.i w a:: :;:J C) ¡¡; ø ¡:: i aJ IX: ~ ~ z < ~ ~ :51 é) 2 " ~ ~ 11111 I I~ I ! I nil: t ~!t I " I' I d ,I . ~ ~ III d I ~ § , ~ III!! . 111111 ! Ip~ I · '. f -- r I, I" .. SANTA BARBARA LANDING PUD MASTER CONCEPT PLAN \, d H:a~:z~ 'd\, O '5Mp'd\, ::>\VèlVmJ\f8 V1N'VS\sBMp\: .----.- Santa Barbara Landing Existing SUMMARY OF TRIP GENERATION CALCULATION FOR 248 DWELLING UNITS OF APARTMENT 6-27-03 Agenda Item No. BC April 12, 2005 Page 81 of 85 DRIVE AVERAGE STANDARD ADJUSTMENT WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2 - WAY VOL 6.53 0.00 1.00 1621 7-9 AM PK HR ENTER 0.08 0.00 1.00 20 7-9 AM PK HR EXIT 0.43 0.00 1.00 106 7-9 AM PK HR TOTAL 0.51 0.00 1.00 126 4-6 PM PK HR ENTER 0.41 0.00 1.00 102 4-6 PM PK HR EXIT 0.20 0.00 1.00 50 4-6 PM PK HR TOTAL 0.62 0.00 1.00 153 SATURDAY 2-WAY VOL 6.82 0.00 1. 00 1691 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1. 00 0 PK HR TOTAL 0.49 0.00 1.00 121 SUNDAY 2':'WAY VOL 6.01 0.00 1.00 1491 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.00 0.00 1.00 0 Note: A zero rate indicates no rate data available The above rates were calculated from these equations: 24-Hr. 2-Way Volume: T .. 5.994(X) + 134.114, RA2 = .88 7-9 AM Peak Hr. Total: T = .497(X) + 3.238 RA2 ... .83 , .16 ,Enter, .84 Exit 4-6 PM Peak Hr. Total: T .. .541 (X) + 18.743 R^2 = .75 , .67 Enter, .33 Exit AM Gen Pk Hr. Total: T .. .542{X) + 3.805 R^2 = .82 , .28 Enter, .72 Exit PM Gen Pk Hr. Total: T = .599{X) + 16.5 R^2 = .8 , .61 Enter, .39 Exit Sat. 2-Way Volume: T .. 7.852(X) + -256.189, RA2 = .85 Sat. Pk Hr. Total: T .. .412(X) + 19.226 RA2 ... .56 , 0 Enter, 0 Exit Sun. 2-Way Volume: T .. 6.418 (X) + -101.116, RA2 = .82 Sun. Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Agenda Item No, BC April 12, 2005 Page 82 of 85 Santa Barbara Landing Proposed SUMMARY OF AVERAGE VEHICLE TRIP GENERATION AVERAGE WEEKDAY DRIVEWAY VOLUMES 6-27-03 LAND USE SIZE 24 HOUR AM PK HOUR PM PK HOUR TWO-WAY VOLUME ENTER EXIT ENTER EXIT APARTMENT 248 DWELLING UNITS 1621 20 106 102 50 RESIDENTIAL CONDOMINIUM 52 DWELLING UNITS 373 5 25 24 12 TOTAL 1994 25 131 126 62 Note: A zero rate indicates no rate data available TRIP GENERATION BY MICROTRANS Agenda Item No. BC April 12, 2005 Page 83 of 85 Page 6 TRIP ASSIGNMENT The projected directional distribution of traffic to and from Santa Barbara Landing PUD site was based ort the previously approved zoning TIS. Project directional distribution is shown on Table 3, page 7. The distribution is shown for roadways within the Radius of Development Influence (RDI) only. EXISTING TRAFFIC Table 4, page 8, shows existing AADT traffic volumes, including peak hour volumes, for all major roadway links within the RDI. The values were taken from the 2002 traffic counts published in the Collier County Annual Update Inventory Report. The traffic count data is presented in Appendix A, Supporting Data. Level of Service (LOS) detemùnations are made based on the Maximum. Service Flow "Capacity" presented in the Collier County Street Inventory. The street inventory is also presented in Appendix A, Supporting Data. DISCUSSION . The impact of project traffic volumes on the roadway network surrouncting the project is not significant Project traffic volumes represent less than 1 % of the maximum service flow capacity for all roadway links within the RDI. The volume of proposed project traffic does not degrade the level of service of any of the roadway links within the project RDI below acceptable standards, considering planned improvements. With planned improvements, all segments will operate at LOS Standard or better. All segments will also have excess peak hour capacity greater than the projected trip generation for the subject property. F:\JOB'SANT ABARBARALAND\Cd5'SBI.PUDTIS.DOC SBI.PUD -ül.{)L!') cooco 0_ ON 0 ZN-"t E..-co ( ) ( ) = 0') ~Ciro Cü«o... "D c <D 0') « - 1.0 II) f ~ ~ ~~ ~ "$. "$. ~ ~ ~ 0 0 "" 0 0 V"\ =-8 N ("' ~ N ("' N ~> ~ . ~ ] 6> S i ~ 8 g 11 ~ p:¡ p.. ~ ; ~ ~ "i ~ ~ ~ ~ § ~ 0 ~ y ~ -g p:¡ .~ ~ i "= s .."., Eo-« &: £ ~ tI.) ~ ~ rr)~ ~~ ~ 1 æ "a ~ ] ~ 1 j 0 t:Q ~ ; Eo-« t u ] Jä ã! g ~ ~ ~ ~ ~ f:Q -g t:Q ~ t:Q ~ 00 0 en ~ .~ .§' ~ "> E ~ Cd as 0 p.. 0 C/.) ~ ] I ] ~ ~ ~ ~ g ~ ~ t:Q ~ ~ ~ ~ 1', 1', 1', ~ ~ ~ ~ ~ ~ ~ ÇQ ÇQ ~ i ~ ~ 0 0 0 ~ ~ ~ C/.) C/.) C/.) u 8 I I ~ ~ @ ~ Ii; ~ g;j 'ULDLD ....,.:¡.aco , ':)- '\I 0 - LD ,"\I CO E...... 2~ ~ - 0.. ro ro«o... "0 c: OJ 0') « r--. Q) ~ ø.. CI'..I Q Q Q Q ¡:Q t:Q ~ ~ ~ M M N 00 = st st N (f") (f") ~ ~ 00 00 ~ ..... ..... N 00 00 ~ ~ 8 8 8 8 0 8 0 0\ 0\ V"¡ \C \0 V"¡ o~ o~ oo~ 0\ 0\ ~ N N N ~ ~ E-I ~ t 1 I CI'..I -a 0 8 8 ~ "i .;¡ s i ø.. i ; ~ ~ ãi Q) ð ~ = ~o ~ ~ ~ ., ~= ~ B ~ ~ i~ 0 ~ ~ "d .= ~ £' E-tfi¡;( 2 ~ Pot 00 ~ ~ ] ~ 6 ~ ~ :3 ] 8 ] 8 0 ~ ~ ~ I ~ J ; ~ Q) ! g g ~ ÇI: ~ 11 ~ 8 ~ .~ 0 .~ i tU E ~ ~ I Q t;I.) ~ ] 1 I 6 ~ g g g IX.! IX.! IX! ~ ; ; ; ãi ãi 11 Æ ~ ~ ~ ~ ~ i IX! IX! ~ ~ t ~ 0 ~ ~ 00 00 r/.) ~ ~~ .S N i~ lS·a 11 ].i jIi ;~ .~ ~ f¡ .~ ~ J1~ 'B] ~~ Q,Q, .~ .f!,ii ~ãi ~~ ~~ ð·~ ;:¡ ~] ]] ãig ~~ ~j ü¡ ]00 IJ -a.o ~'¡ ;~ Æ! itri (I,) 8 * N ~ ~ u 8 i I ~ ~ ~ g ¡.i.; Agenda Item No. 80 April 12, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve the Fiscal Year 2005-2006 CoJlier County Consolidated Plan One-Year Action Plan for $3,524,802 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs, authorize required HUD certifications, approve execution of sub-recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, and submit to the United States Department of Housing and ,Urban Development (HUD). OBJECTIVE: To have the Board of County Commissioners (BCC) approve a resolution adopting and transmitting the County's FY 2005-2006 Consolidated Plan One-Year Action Plan as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs. CONSIDERATIONS: On May 8, 2001, the BCC approved submission of the Five-Year Consolidated Plan (FY 2001-2002 through FY 2005-2006) to HUD. The County is required to adopt and submit a Consolidated Plan One- Year Action Plan for FY 2005-2006 to HUD prior to May 15,2005. The One-Year Action Plan was developed utilizing the County's Citizen Participation Plan adopted on January 9,2001. Public input was gathered at three community meetings in the fall of 2004 and at Affordable Housing Commission meetings "''', between December 2004 and March 2005. Highlights of this plan include $],115,000 for affordable housing and $600,000 for economic development and job creation. The ESG program will provide $96,000 in funding for the homeless population through emergency shelter operations. The new American Dream Downpayment Initiative (ADDI) will provide additional assistance to low and moderate-income, fIrst-time homeowners in conjunction with the HOME and SHIP programs. FISCAL IMPACT: The CDBG grant allocation is expected to be $2,637,663, the HOME grant allocation is expected to be $762,220 and the ESG grant allocation is expected to be $96,119. The three entitlement programs allow percentages for administration and planning as follows: CDBG up to 20% ($527,532), HOME up to 10% ($76,222) and for ESG up to 5% ($4,820). The FY 2005-2006 One Year Action Plan proposed CDBG administration budget is $527,532 and the HOME administration budget is $76,222. The County will pass 100% of the ESG grant allocation to the sub-recipient. CDBG, HOME and ESG staff and operational costs will be paid entirely with these federal funds. GROWTH MANAGEMENT IMP ACT: The proposed projects in the One-Year Action Plan assist in the implementation of the Growth Management Plan and Redevelopment Plans by providing housing assistance, economic development and infrastructure improvements in the community. Agenda Item No. 80 April 12, 2005 Page 2 of 7 LEGAL CONSIDERATIONS: The proposed resolution adopting the County's FY 2005-2006 Consolidated Plan One-Year Action Plan for the CDBG, HOME and ESG programs, is internally consistent, and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the BCC approve the resolution adopting the County's FY 2005- 2006 Consolidated Plan One-Year Action Plan for the CDBG, HOME and ESG programs. Prepared by: Susan Golden, Federal/State Grants Administration Manager Financial Administration and Housing Item Number Item Summary Meeting Date Agenda Item No. 8D April 12, 2005 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 80 Recommendation to approve the Fiscal Year 2005~2Q06 Comer County Consolidated PI.an One-Y.ar Action Plan for $3,524802 for Community Developmenl Block Grant (CDBG). Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs. authorize required HU D l:ertihcations, approve execution of sub~recipíent agreemenls by Community Development and Environmental Ser.:ìces (CDES) Oivi5:ion AdmInistrator, and SLlbmit to the United States Department of Housing and Urban Development (HUD) 4/12120059:00:00 AM Prepared By 3/29/20059:36:28 AM Susan Golden Community Dtvelopment & Environmental ServIces Date Federal/State Grants Administration Mahag~r Financial Admin. & Housing Date Approved By Denton Baker Community Development & Envlronmøntal Services Financial Admin & Housíng Oirector Financial Admin. & Housing 3/29/20052:10 PM Date Approved By Cormac Giblin Con1munity Development & Environmental Services Housing Development Manager Financial Admin. & Housing 3129/2005 2:17 PM Date Approved By CDnstance A. Johnson Community Development & Environmental Servìces Ope.'stions Analyst Community Development & Environmental Services Admin. 3/29/2005 3:59 PM Sandra lea Date Approved By Community Development & Environmental Services Executive Secretary Community DevelDpment & Environmental Services Admin. 3131/2005 8:47 AM Date Approved By Joseph K. Schmitt Community Dev(l opln~)Ot & Environmental Services Community Development & Environmental Services Adminstrator Community Development & En\'irotlmental ServIC$$ Admin. 3/31/2005 9:50 AM Date Approved By Patrick G, White County Attorney Assistant County Attorney County Attorney Office 411/200511:36 AM Date Approved By OMS Coordinator County Manager's Office Administrative Anlstant Office of Management & Budget 4/112005 12:03 PM Date Approved By Mark Isackson County Mannger's Office Budget Analyst OfficI!! or Management & Budgt:.t 4141200511:10AM Date Approved By Mlc.hael Sl1lykowsk¡ County Manager's Offíce Management & Budget Dìrec.tor Office of Management & Budget 414/2005 5: 37 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 415/2005 8:46 PM Agenda Item No. BD April 12. 2005 Page 4 of 7 RESOLUTION NO. 2005 -_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2005-2006 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR $3,524,802 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSIDPS (HOME) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD CERTIFICATIONS, APPROVING EXECUTION OF SUB-RECIPIENT AGREEMENTS BY CDES DIVISION ADMINISTRATOR, AND TRANSMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HOO), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2005-2006 Consolidated Plan One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9,2001; and WHEREAS, the FY 2005-2006 Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County, and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; Page 1 of4 Agenda Item No. BD April 12, 2005 Page 5 of 7 NOW, TÐEREFORE BE IT RESOLVED BY TÐE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Fiscal Year 2005-2006 Consolidated Plan One-Year Action Plan for the CDBG, HOME and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (F AH) to transmit the Plan to the proper funding authority and take all necessary actions for implementation of the CDBG, HOME and ESG programs. 2. The Chainnan of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. 3. Section 4.0 of the One- Year Action Plan sets forth the dollar amounts estimated for each Activity to be funded by the CDBG, HOME and ESG Programs. A copy of the proposed Activities and total CDBG, HOME and ESO funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBO, HOME, and ESG Sub-Recipient Page 2 of4 Agenda Item No. BD April 12, 2005 Page 6 of 7 Agreements to implement each such Activity, so long as: 1) each such Sub- Recipient Agreement conforms to the format of the attached blank forms, Exhibit "B" and "C", adopted and incorporated by reference, and 2) the dollar . amount of each Activity and corresponding Sub-Recipient Agreement is consistent with targeted areas outlined in the One-Year Action Plan Section 4.0, referenced above. The Community Development and Environmental Services Administrator, or his designee, is authorized to amend all Sub- Recipient Agreements adopted in accordance with the FY 2001-2006 Consolidated Plan and HUD regulations, as needed, in order to further the goals of the CDBG, HOME and ESG federally funded programs. 4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. Page 3 of 4 This Resolution adopted this vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Agenda Item No. BD April 12, 2005 Page 7of7 of April 2005, after motion, second and majority BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Page 4 of4 NAPLES DAILY NEWS Published Daily Naples, FL 34] 02 Affidavit of Pu blication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties ofFJorida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper time(s) in the issue on February 26th, 2005 Affiant further says that the said Naples Daily News is a newspaper pubJished at Naples, in said Comer County, FJorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ).~ ( Signature of affiant) Sworn to and subscribed before me This 28th, February 2005 (J ~,~\\~\ttl'll . iWr...!;<;<.;., Harnett Bushong :+,- 1:1; "i'~ MY COMMISSION # DD234689 EXPIRES ',~~,,, July 24. 2007 "' .:,~-:::-"" '?CNDW 1HnITQrw,'tl'" f""t~1!p}f.in :tH --,----.-...- It~ . . sa .. , Or ,'"" ,~ ~..~} L~ COLLIER COUNTY, FLORIDA CONSOLIDATED PLAN - ONE-YEAR ACTION PLAN HUD FY 2005-2006 ., Presented to Board of County Commissioners April 12, 2005 Collier County Board of Commissioners Fred W. Coyle, Chair, District 4 Frank Halas, Vice Chair, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 County Manager Jim Mudd PREVIOUSLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS Cultural Heritage Day at River Park Community Center Charlee Estates, affordable housing built by Habitat for Humanity Rehabilitation of transitional housing for disabled adults Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 (239) 403-2330 CDES Administrator, Joseph K. Schmitt F AH Department Director, H. Denton Baker F AH Department Housing and Grants Manager, Cormac Giblin F AH Department Grants Administration Manager, Susan M. Golden The One-Year Action Plan was prepared by the staffa/the Collier County Financial Administration & Housing Department · 80 TABLE OF CONTENTS INTRODUCTION 1.0 EXECUTIVE SUMMARY BACKGROUND COMMUNITY PROFILE LEAD AGENCY PLAN DEVELOPMENT PROCESS CONSULT A TION WITH OTHER AGENCIES GEOGRAPHIC LOCATION OF PROJECTS SPECIFIC ACTIVITIES MONITORING 1 1 2 5 6 6 6 6 8 2.0 CITIZEN PARTICIPATION PROCESS GRANT APPLICATION TIMELINE 9 10 3.0 FIVE YEAR STRATEGIC PLAN 11 OVERALL PRIORITIES 11 GEOGRAPHIC LOCATION OF PROJECTS 14 HOUSING STRATEGY 14 COMMUNITY PRIORITIES 15 HOMELESSNESS STRATEGY (CONTINUUM OF CARE 91.220 e) 17 OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY 22 NON-HOUSING COMMUNITY DEVELOPMENT PLAN 24 PROPOSED ACCOMPLISHMENTS 26 REDUCTION OF BARRIERS TO AFFORDABLE HOUSING 27 REDUCTION OF LEAD-BASED PAINT HAZARDS 27 ANTIPOVERTY STRATEGY 28 PUBLIC HOUSING RESIDENT INITIATIVES 29 F AIR HOUSING 29 SECTION 3 30 INSTITUTIONAL STRUCTURE 30 SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES 33 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida .... 80 . 4.0 ONE YEAR ACTION PLAN 34 APPLICA TIONS (SF424) 35 FUNDING SOURCES (91.220 b) 36 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES (91.220 c) 38 ACTIVITIES TO BE UNDERTAKEN/USE OF FUNDS 42 HUD PROPOSED PROJECT TABLES (Table 3) 48 GEOGRAPHIC LOCATION (91.220 d) 71 PROGRAM REQUIREMENTS (91.220 (g» 72 5.0 MONITORING (91.230) 74 6.0 CERTIFICA TIONS (91.225) 75 7.0 APPENDIX 85 ADOPTING RESOLUTION 86 CITIZEN PARTICIPATION PLAN 90 AFFIDA VITS OF PUBLICATIONS FOR PUBLIC HEARINGS 98 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida . 8D INTRODUCTION Background and Purpose Title I of the National Affordable Housing Act established the requirement that states and local governments applying for direct assistance under certain U.S. Department of Housing and Urban Development (HUD) programs have a 5-year Consolidated Plan and an annual Action Plan approved by HUD. The Action Plan is required to secure annual entitlement funding for Collier County from the Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) programs including the new American Dream Downpayment Initiative (ADDI), and the Emergency Shelter Grant (ESG) program. The 5-YearConsolidated Plan describes the strategic plan for Collier County and establishes priorities for assisting very low to moderate-income households and identifies resources available to meet stated goals and objectives. The Annual One Year Action Plan describes actions the County will take related to the entitlement funds available for that specific year. The Action Plan serves as the application for and acceptance of four entitlement grants from the U.s. Department of Housing and Urban Development (HUD). Both the Consolidated Plan and the Action Plan conclude that addressing Collier County's affordable housing needs is the community's highest priority for Federal, state and local resources. In fiscal year 2005-2006 Collier County will receive HUD funds from the following entitlement programs: · Community Development Block Grant (CDBO) entitlement funds will be received for the fifth consecutive year. · The Home Investment Partnerships (HOME) program is in its third year of funding and it now includes the American Dream Downpayment Initiative (ADD I) program. ADDI is a new component of HOME and provides downpayment assistance for low and moderate- income families. · Emergency Shelter Grant (ESG) entitlement funds will be received for the second consecutive year in fiscal year 2005-2006. The ESO program objectives are to increase the number and quality of emergency shelters and transitional housing facilities for homeless individuals and families, to operate these facilities and provide essential social services and homelessness prevention activities. Consolidated/Action Plan Period Collier County is required to submit a Consolidated Plan to HUD at least once every five years. The County submitted its first Consolidated Plan in May of 2001. In the spring of 2006, Collier will submit a new five-year plan to HUD. The document contained herein is the One-Year Action Plan for FY 2005-2006, which is the final year of the 2001-2005 Consolidated Plan. Lead Agency The Collier County Department of Financial Administration and Housing (F AH) is the lead agency responsible for overseeing the development of the Consolidated Plan and Annual Action Plan. Any questions or comments regarding this plan should be directed to Susan Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida ~ ';'~"< 8( . Golden, Collier County Department of Financial Administration and Housing, 2800 N. Horseshoe Dr., #400, Naples, FL 34104; (239) 213-2901 or susangoldenCQ),colliergov.net. Mission Statement The mission of the Collier County Financial Administration and Housing Department's grants and affordable housing programs is to improve the community and quality of life by facilitating the creation of affordable housing opportunities, the improvement of communities and the sustainability of neighborhoods, through public and private partnerships. Citizen Participation This document includes a summary of the citizen participation process including input, timeline, citizen comments and, if applicable, any responses from the Collier County F AH Department. In addition, the adopted Citizen Participation Plan is included in the Appendix. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida ;.,,;. 81 (¡ -1- 1.0 EXECUTIVE SUMMARY BACKGROUND The Consolidated Plan concept was developed by HUD to incorporate the requirements for four separate entitlement programs: CDBG, the HOME program, the Housing Opportunities for Persons with Aids (HOPW A) program, and the Emergency Shelter Grant (ESG) program. Collier County does not currently have the required population to qualify for funding under HOPW A guidelines. In 2001, Collier County, along with the participating cities of Naples and Marco Island, became eligible to directly receive federal funds on an annual basis through the Community Development Block Grant (CDBG) program. This program is administered by the U.S. Department of Housing and Urban Development (HUD). The goal of the Community Development Block Grant program is to develop viable communities by assisting low/moderate income households through programs to: · Provide decent housing; · provide a suitable living environment; and · expand economic opportunities. In late 2002, officials from the U. S. Department of Housing and Urban Development (HUD) notified Collier County that it had been designated as a HOME Investment Partnerships Program (HOME) participating jurisdiction (P J). HUD made this detennination based on 2000 Census Data, which reflected that Collier County met the population threshold to participate in the HOME program. The HOME program provides funds to Collier County for the following: · Provide decent, affordable housing to low/moderate-income households; · expand the capacity of nonprofit housing providers; · strengthen the ability of state and local governments to provide housing; and · leverage private-sector participation. The HOME program has a newly created component called the American Dream Downpayment Initiative (ADD I) whose goal it is to increase the overall homeownership rate, especially among minority groups who have traditionally lower rates of homeownership compared to the national average. The American Dream Downpayment Act authorized $200 million in fonnula grants across the nation and will provide funds to Collier County to: · Increase minority homeownership rates; · revitalize and stabilize communities; · provide downpayment and closing cost assistance. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida It - 2 - 8D In December of 2003, officials from the u.s. Department of Housing and Urban Development (HUD) notified Collier County that it would receive funding under a third federal entitlement program known as Emergency Shelter Grant (ESG). The ESG program is meant to assist States and local governments in the provision of facilities and services to meet the needs of homeless people either through direct assistance or through local nonprofit and faith-based service providers. This program provides funding for five main categories: · Emergency Shelter rehabilitation, renovation or conversion; · essential services to homeless families and individuals; · emergency shelter and transitional housing operational costs; · homeless prevention activities; and · grant administration costs. COMMUNITY PROFILE Collier County was created in 1923 from portions of Lee and Monroe counties. The County is located on the southwest coast of the Florida peninsula and is due west of the Miami-Ft. Lauderdale area. There are three incorporated cities in Collier County and they are Naples, Marco Island and Everglades City. Naples, located in the western coastal area of Collier County, is the largest incorporated city. Everglades City and Marco Island are located south and east of the Greater Naples Urban Area. Starting in the late 1980s and throughout the 1990s, Collier County, which is also known as the Naples Metropolitan Statistical Area (MSA), had one of the highest percentages of growth of any MSA in the country. Over a 30-year period, the county's population has grown from 38,040 in 1970 to 276,691 persons as of July I, 2002 according to the U.S. Census Bureau. From 1980 until 1990, Collier County's population grew 77%, while the state grew by 33%, and the U.S. grew by 10%. Between 1990 and 2000, Collier County's pennanent population increased by 99,278 persons, a 65% increase. Unless otherwise noted, demographic infonnation is for the pennanent, year round population. Collier (total) Everglades City Marco Island Naples Unincorporated Population 1990 Census 152,099 321 N/A 19,505 132,273 2000 Census 276,691 479 14,879 20,976 215,043 Source: u.s. CenslIs Bureau Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida · - 3 - 80 The County's population is projected to continue its strong growth over the foreseeable future. According to the Bureau of Economic and Business Research (BEBR) 2002 Collier's population increased 5.21 percent between April 1, 2000 and April I, 2001. The County is expected to add almost 150,000 people during the next 15 years, with researchers projecting a Collier County population of 553,348 by 2030. Collier is one of four mid-sized Florida counties expected to increase by 110 percent or more over their 2000 populations. In addition to its permanent population, the County has a huge seasonal influx that swells its population during the warm winter season (November-April) by almost 40%. The vast majority of the seasonal population is affluent, and visits or maintains vacation homes primarily along Collier County's coastal areas. In contrast, the Immokalee community located in the northeastern section of the County has a permanent population of approximately 20,000 and receives a seasonal influx of migrant workers who come each year to pick crops. These residents are typically some ofthe County's poorest. As of April I, 200 I, Collier County had an estimated 108,158 year round households, with an average household size of 2.40 persons. Collier County has a higher median age compared with the statistical aggregate for the State of Florida. In 2000, the County's median age was 44.1 versus 38.7 for Florida. The State is projecting that Collier County's population will continue to age dramatically over the next seventeen years. Median Age in Collier County 1990 Census 2000 2010 2015 2020 40.5 44.1 48.6 50.9 52.8 Source: Bureau o(Economic and Business Research (BEBR) 2002 Almost one in four (24.5%) of the County's residents are aged 65 and over. Of these, over half(52.4%) are female. Half the households in Collier County are headed by someone over age 55. Households bv Ae:e - 2000 Under 25 2,888 3% 25 - 34 12,652 14% 35 - 44 15,722 17% 45 - 54 14,303 16% 55 - 65 14,397 16% Over 65 30,668 34% Source: Clarilas. lnc.. 20{) I. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida ".---.,-- · - 4- 80 The Hispanic population continues to increase in Collier County. This is a trend mirrored in much of South Florida with the Hispanic population representing 26% of the population growth during the 1990' s. Race/E thnicity 1990 Census Total White African-Am eriean Am erican Indian/Eskimo/Aleut A sian/P aci fie Island Mixed Hispanic Source: u.s. Census Bureau, 2001. 152,099 143,826 7,202 458 613 100.0% 94.6% 4.7% 0.3% 0.4% 20,730 13.6% 2000 RACE CENSUS PERCENT White Black a African American American India n and Alaska Native Asian Nati·..e Hawaiian and Other Paálic Islander T'.\D or more races Sane ct her ItI c e I,.-t,-II Hispanic a Lalino' 216,J45 11.419 733 1.569 153 =".00., '155'.14 B6.1% 4.!)')!; 0.3% o . ffií, 0.1% 2.2% 6.2% /',1 .'. /.: IUÜ.·r.:<c 49.29..; '19.6% 'UI5pêJ"}\- ("I.~{¡)'IO lSiI?'\~ITf't1 (iJ ,'Jl ({f" U s. CeO~lS fj¡rf'3.1 ,;¡s a pefS(l,")s se.'r¡r1eoui,oo on'(}m. Weir race I~',g$ Sf?¡'riilcJraleii ¿¡Ix! (tll~/ Wfff' ,Yl:!I,r100 ,'I) Doe (., (f)f' (J,'JÔJf> class,',Teii I,>;PS. . Sa.J(~' Us. CJI\U~Iù~u, lOOOC.;f15Ir.i. ~iOI Collier County is also a very atlluent community reflected by the high number of households (48%) with median incomes above $50,000 a year. The County's median family income of $63,300 (per HUD FY2005 median family income estimates) continues to be the highest median income in the State of Florida. In addition, the Naples MSA (which includes all of Collier County) has the second highest per capita income in the United States at $42,813, which is 157 percent ofthe national average. Consolidated Plan One- Year Action Plan FY 2005-2006 Collier County, Florida - 5 - 8f . Households by Income Over $100,000 $75-$100,000 $50-$75,000 ~'Yo Under $15,000 .. "':"'$15-$25,000 ~ Despite Collier County's high median and per capita incomes, the average earned wage by the County's workforce was $29,553 in 2000, which was below the state average of $30,038 and well below the average of $35,305 for the U.S as a whole. This is attributed to the fact that the largest employment sector is the service industry, which is a traditionally low paying industry. By 2004, the average earned wage in Collier County had increased to $32,734. As a result of the rapid growth, affluence of the older, retired population and a variety of other factors, the cost of housing in Collier County is growing more unaffordable for the community's service oriented workforce. In January 2005, Collier County was identified as the 40th least affordable community in the country and the least affordable metropolitan area in the South stretching from Washington D.C. to Texas and Florida. By 2004, the median sales price of a home in Collier County had escalated to $379,000. Escalating land cost, environmental issues, growth pressures, impact fees and the scarcity of land have all contributed to the inability of the community's workforce to afford to buy a home within Collier County. LEAD AGENCY The Financial Administration and Housing (F AH) Department of Collier County is the lead agency in the preparation of the One-Year Action Plan. This department operates and administers the County's Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and State Housing Initiatives Partnership (SHIP) affordable housing Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · - 6 - 80 programs. The F AH Department is also the lead agency for the annual Continuum of Care (CoC) application to HUD and the Emergency Shelter Grant (ESG) program. Both of these programs provide housing and services to the community's homeless population. PLAN DEVELOPMENT PROCESS The One-Year Action Plan is developed with input from the community and a number of locally adopted plans and documents. Some of these documents include: Collier County's Five-Year Consolidated Plan (FY 2001-2005), the Housing Element of the County's Growth Management Plan, the Housing Assistance Plan for the State Housing Initiatives Partnership (SHIP) program, the Immokalee Area Master Plan, the Golden Gate Master Plan, the County's Continuum of Care process, and data from the U.S. Census Bureau, HUD and the University of Florida's Bureau of Economic and Business Research (BEBR). Information on community input is included under Citizen Participation. CONSUL T A TION WITH OTHER AGENCIES The County consulted with its participating municipalities of Naples and Marco Island, Collier County Human Services Department, Collier County Housing Authority and the Collier County Hunger & Homeless Coalition, along with other county departments, housing and social service organizations and their advocates in the development of this plan. Sign-in sheets, meeting notification and other information are included in Citizen Participation. GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non-housing community development projects will be perfonned on a countywide basis in low-income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. SPECIFIC ACTIVITIES There will be approximately $2,637,000 of CDBG funds in the FY 2005-2006 allocation available for housing and non-housing needs. There will be approximately $762,200 of HOME funds and $28,800 in ADDI funds available for the provision of affordable housing for low-income households. There will be $96,119 of ESG funds available for the provision of facilities and services to meet the needs of homeless individuals and families. This provides a total ODD allocation of $3,524,802 for the program year July 1, 2005 through June 30, 2006. Additional emphasis has been placed on Economic Development during this fmal year ofthe 5- Year Consolidated Plan in order to reach goals outlined in 2001. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida -----r--- The following are the proposed priorities for the 2005-2006program year: CDBG (Community Development Block Grant): Economic Development/job creation (competitive application) Affordable Housing Development (competitive application) River Park improvements and ELLMS program (City of Naples) Senior Center Addition- East Naples (final of 3 yr agreement) Neighborhood Revitalization Strategy Single Family Rehabilitation (SFR) Collier Co Human Services Dept (health care) Collier Co Hunger & Homeless Coalition HMIS/INCCC Housing Delivery Services Planning Activities Program Administration and Fair Housing TOTAL CDBG 2005-2006 HOME & ADDI: Affordable Housing Development (competitive application) Tenant Based Rental Assistance (TBRA) (competitive application) CHDO set-aside (competitive application) CHDO Capacity Building (competitive application) Single Family Rehabilitation (SFR) American Dream Downpayment Initiative (ADD I) Program Planning and Administration TOTAL HOME & ADDI 2005-2006 ESG (Emergency Shelter Grant): Emergency Shelter Operating -S1. Matthew's House TOTAL ESG 2005-2006 - 7 - 80 $560,000 $525,000 $187,000 $255,000 $250,000 $100,000 $85,000 $50,000 $33,131 $65,000 $527,532 $2,637,663 $135,000 $200,000 $1 1 5,000 $40,000 $195,998 $28,800 $76,222 $791,020 $96,119 $96,119 TOTAL FUNDS ALL HUD PROGRAMS 2005-2006 $3,524,802 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida ------r-' · - 8 - 80 MONITORING The County will perfonn on-site monitoring for federal, state and contract compliance of each of its subrecipients at least once per year. Technical assistance will be included with all monitoring activities. The monitoring program includes an in-house review of every payment request. Prior to the end of each program year, an in-house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed to provide consistent, ongoing management of its programs. These systems are in place to ensure compliance with all federal, state and local requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Technical assistance is available throughout the year to subrecipients and potential subrecipients. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida ---¡-- · - 9 - 80 2.0 CITIZEN PARTICIPATION PROCESS The One-Year Action Plan (AP) was developed in accordance with the County's Citizen Participation Plan adopted on January 9,2001. This Plan is included in the Appendix. While developing the FY 2005-2006 One-Year Action Plan, a time line was also produced h h h ld d' h to demonstrate t e actIvItIes t at s ou occur unng t e AP process as follows: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOME INVESTMENT PARTNERSHIPS PROGRAM & ADDI EMERGENCY SHELTER GRANT PROGRAM FY 05-06 TIMELINE Task DATE Send Public Hearing display advertisement requests to Naples Daily News September 27,2004 & Immokalee Bulletin First Public Hearing Notice Advertisements to run September 30, 2004 (At least 15 days prior to the PH) Press Release - FY 05-06 Program October 1, 2004 Affordable Housing Commission Meeting October 14, 2004 Public Hearing Copeland - (at 6 p.m. -Copeland Baptist Church) October 21, 2004 Public Hearing Immokalee - (at 6 p.m. -Community Center) November 9,2004 Public Hearing East Naples - (at 6 p.m. -Community Center) November 18, 2004 Urban-County Proposals Due from City of Naples and City of Marco November 19, 2004 Island I Affordable Housing Commission Meeting December 9, 2004 I Staff to Prepare 151 Draft of FY 05-06 Action Plan December 13, 2004 - February 1, 2005 Send Public Hearing display advertisement requests (English & Spanish) January 25, 2005 to Naples Daily News & Immokalee Bulletin AHC Public Hearing Ad to Run (10 days prior to the PH) January 28, 2005 FY 05-06 draft Action Plan preparation to be completed by staff February 1,2005 Affordable Housing Committee Public Meeting to Address Staff February 10,2005 Recommendations and gather public input Send advertisements to Naples Daily News & Immokalee Bulletin (English February 22, 2005 & Spanish) regarding available draft Action Plan FY 05-06 & 30 day comment period Distribute draft Action Plan FY 05-06 to all libraries & Clerk's Office February 25, 2005 Availability of Proposed FY 05-06 Action Plan and 30 day public February 25, 2005 comment period Advertisements to run 30 day Public Comment Period begins February 26, 2005 30 day Public Comment Period ends March 26, 2005 Incorporate public comments into the final Action Plan March 26, 2005 Prepare and submit resolution, executive summary & transmittal for April March 29, 2005 12, 2005 BCC meeting BCC review/approval ofFY 05-06 Action Plan April 12, 2005 FY 05-06 Action Plan due to HUD (at least 45 days prior to start of May 6, 2005 program year) FY 04-05 Program Year ends June 30, 2005 FY 05-06 Program Year (7/1/05 to 6/30/06) begins Julv 1, 2005 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida T .. - 10- 8D Citizen input regarding housing and community development needs for the program year 2005-2006 was sought at three (3) public hearings held in Copeland (10/21/04); Immokalee (11/9/04); and in East Naples (11/18/04). Meeting notices were advertised in both English and Spanish, and a Spanish-speaking staff person attended these public hearings. The meeting notice was published in two newspapers (general circulation- Naples Daily News and a local paper - Immokalee Bulletin). A public meeting with the Affordable Housing Commission was held on February 10, 2005 to gather community input and recommendations and provide staff draft recommendations regarding expenditures in the One-Year Action Plan. An informational meeting was held with local social service agencies and other interested parties on January 26, 2005. In addition, two public hearings are schedule before the Affordable Housing Commission and the Board of County Commissioners on March lOth and April lih, 2005, respectively. A public notice regarding the available draft One-Year Action Plan (AP) was published to announce the 30-day public comment period beginning on February 26, 2005. The advertisements were in English and Spanish. The notice was published in two newspapers (general circulation- Naples Daily News and a local paper- lmmokalee Bulletin). The 30- day public comment period ran from February 26, 2005 through March 26, 2005. Written comments received from the public are reviewed by staff and included in the final One-Year Action Plan. As of March 28, 2005, there were no written public comments received regarding the FY 05-06 Action Plan. The final AP was approved by the Board of County Commissioners on April 12, 2005. The adopted Action Plan is available for public review in all county libraries, at the Collier County Public Infonnation desk as well as in the County's Financial Administration and Housing Department. FY05-06 Grant Application Tirneline Task Date Action Public Hearing to adopt One-Year April 12,2005 BCC adopt One-Year Action Plan Action Plan Grant Writing workshop April 18-29, 2005 Provide training on grant writing and County's grant application process Prepare & submit Grant Grants due May 27,2005 Organizations prepare and submit Application for HUD funds complete FAH grant application outlined in One-Year Action Plan package by due date. FAH staff evaluate requests for June, 2005 F AH staff review, grade and rank funding competitive applications Results of grant scoring June 30, 2005 Release final ranking Develop & enter into Subrecipient July-August 2005 Develop Subrecipient Agreement Agreement with high sconng and begin funding for fall 2005 applicants Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida '-----¡-- - II - 80 . 3.0 Five Year Strategic Plan OVERALL PRIORITIES Collier County is in many ways the tale of two distinct communities. When thinking of the greater Naples/Collier community, the majority of people first think of the large number of older, affluent, full-time and seasonal residents and the influx of tourists each winter season. This segment of the population tends to be concentrated along the coastal communities of Naples and Marco Island. However, on the other side of the equation are the County's working-poor residents who are mainly concentrated in several non-coastal communities including Immokalee. Collier County's economy is primarily service sector oriented in an effort to meet the needs of the affluent homeowners and tourist population. Eighty three percent (83%) of the community's jobs are in the four (4) lowest paying sectors including agriculture, construction, services and retail sales. The County's workforce, a large portion of which is employed in low-paying retail and service jobs, is indicative of the widening economic gap between segments of the County's population. The working-poor have trouble finding decent, affordable housing and steady employment opportunities, especially during the "off-season". Many young families and professionals are now feeling squeezed out of the local housing market. The average yearly wage paid in Collier County is $32,734 while the average sales price of a home is over $379,000. However, maintaining a high quality workforce has been identified as a key criteria for the County's long-term success in the competitive marketplace. How can the County continue to provide a high quality of life, remain competitive with other "upscale markets", without affordable housing for its workforce? Immokalee, with an economy based on citrus, vegetables, and cattle, is the County's agricultural center. During the fall and spring harvest seasons, farm laborers, produce brokers, and buyers migrate to the community, more than doubling its permanent population of approximately 20,000. This migration makes Immokalee one of the most culturally diverse communities in southwest Florida. In addition to agriculture, Immokalee residents work in the coastal hospitality business along with landscape and construction industries. Because lmmokalee is located 34 miles northeast of Naples, its location, coupled with its cultural diversity and migratory population, presents additional challenges in providing affordable housing and economic self-sufficiency. Therefore, the County's highest priority will be to support the provision of affordable housing for its low-income (below 50% of MFI) residents. Another mechanism for assisting low-income individuals and families move towards economic self-sufficiency is by providing a broader range of employment opportunities. Collier County government and the Economic Development Council of Collier County have as a major goal economic diversification and attracting and retaining industries that will provide higher paying employment opportunities. Prior to becoming an Urban Entitlement Community, Collier County received CDBO funds through the State of Florida's Small Cities program for the development of a small business incubator and job creation opportunities in Immokalee. Supporting economic diversification will be the County's second highest priority. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida ---'--'- -','12 - 8D The County, and participating municipalities, have identified low-income neighborhoods where public facilities and improvements are needed. Public facilities and improvements for low-income people will be the County's third priority. Examples include street lights and community centers. Collier County, unlike most counties in Florida, does not provide general revenue funds to local social service agencies to assist in meeting the needs of the community's low-income residents. At the urging of local non-profit organizations, the County has begun to revisit this matter and it will continue to be a topic of discussion in the coming years. Unfortunately, HUD regulations only allow 15% of the County's CDBG funds to be expended for public services. Therefore, public/social services for the County's low- income residents will be the fourth priority. Overall program goal: Affordable Housing Economic Diversification Self Sufficiency Neighborhood Improvements Social Services In the County's Five-Year Consolidated Plan is a Priority Needs Table which provides a summary of the County's projected five year housing and community development priority needs. These priorities will enable the County to assist its low-income residents in their efforts to achieve self-sufficiency. The priority needs will be re-evaluated in 2005-2006 as the County begins to develop a new Five-Year Consolidated Plan for 2006-2010. While the County has identified goals and strategies for its housing and community development accomplishments for the five-year period from FY 200 I through 2005, a strategy can and should also include operations and priorities. There are certain operational imperatives and priorities that will be used to guide the selection of activities and projects. These include: Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · -13- 8D PRIORITIES CiF Activities that support the provision of affordable housing for low-income households. CiF Activities that assist lower income persons to achieve self-sufficiency. ,tr Public improvements in designated target areas, cooperating municipalities, or other low-income areas. etr Services to provide urgent/emergency health and shelter needs to poverty level residents. PROJECT SELECTION/OPERA TIONAL IMPERATIVES I Because the community's needs far outweigh the available resources, the County will always receive requests for funding that exceed its total grant amount. Forced to choose among good projects, the County will utilize the following certain imperatives in developing its Annual Plan: tr Activities that return funds to the program, such as loan repayments, will be encouraged. :tr Activities that request funds for salaries will be given a low priority unless funds from another source will be committed for future salaries. iT Activities will be funded only if the applicant has developed realistic cost estimates and timelines, is financially stable, and has the capacity to complete the activity. c:rr Program recipients (non-profit organizations, cities, etc.) will be expected to provide matching funds and/or otherwise participate in the cost of their project. 'rr Financial participation will be expected of individual recipients, particularly for property improvement programs and homeowner housing programs (excepting certain emergency situations). eiT Organizations requesting funds will be expected to have sought funding from other appropriate sources before applying to the County. cff Housing development programs and property improvement programs are expected to use quality, long-lasting materials that require a minimum of maintenance or upkeep. CiF Recipient organizations must have acceptable past and/or current perfonnance on County-funded projects. CiF Cost per unit (housing or service units) wi11 be considered in evaluating proposals. Consolidated Plan One- Year Action Plan FY 2005-2006 Collier County. Florida I -- --14- 80 PROCEDURAL SYSTEMS Problems and priorities can change from year-to-year. In order to be responsive to the needs of the low-income residents, the County will annually review and refine its grant-funded priorities. Any changes to priorities will be announced in a Request for Application process. Only agencies/organizations that participate in the Consolidated Plan competitive funding process will be considered for funding, with programs to begin July I of each year. Requests for competitive allocations will be considered at least once a year through a Request for Application process or for urgent/emergency purposes as detennined by the Board of County Commissioners GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service actIvItIes are conducted on a countywide basis. The County's non-housing community development projects will be perfonned on a countywide basis in low-income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. HOUSING STRATEGY Rationale for Housing Priorities Based on the Priority Needs Summary Table in the 5- Year ConPlan, the County has directed its housing assistance priorities toward helping those households facing the greatest difficulty in the marketplace. Thus the County assigned its highest priority for the use of HUD funding to helping renter or owner households that have very low incomes and are paying over 50% of their income for housing and/or live in substandard housing. The County has assigned a lower priority to helping those households with incomes between 51 % and 80% of the median that have housing problems; and a low priority to helping those households with incomes above 80% of the median. An analysis of the County's housing market found that the private sector housing market is not providing new housing, rental or owner-occupied, that is affordable to households at or below 50% of the 2004 median family income. How Market Characteristics Influenced Use of Funds The exceptionally high cost of housing within Collier County is the primary influence on the proposed use of federal funds. In 2004, the median sales price of a single-family home has risen to over $379,000 while the median wage is only $32,734. A single wage earner paid the median wage might qualify for a $90,000 home. A two-income household earning the median wage (32,734 x 2) could potentially qualify for a $177,000 home. The market place is not addressing the housing needs of the area workforce. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida - 15 - 80 .. Obstacles Major obstacles that exist in meeting the County's affordable housing needs include a shrinking supply of vacant land, rapidly escalating land costs, increased impact fees and a diminishing pool of private, local, state and federal funds targeted to providing new affordable housing. In addition, there is such a strong demand for upscale, seasonal housing in the greater Naples area, low and moderate-income working families are priced out of the market. Many young professionals, white-collar workers and moderate-income families compete with the seasonal resident who is looking for a second home and can pay an inflated market price. Performance Outcome Measurement System The National Association for County Community and Economic Development (NACCED) and other national organizations are developing a "Performance Outcome Measurement System" framework. The effort, which is in response to CPD Notice 03-09, is expected to lead to a comprehensive approach to the measurement of outcomes for HUD's four major community development formula grant programs -- Community Development Block Grants, HOME Investment Partnerships Program, Emergency Shelter Grants, and Housing Opportunities for Persons with AIDS. Once completed, the system will include objectives, outcomes and indicators for each type of activity undertaken with funds made available from these programs. COMMUNITY PRIORITIES HOUSING PRIORITIES Priority Need---Owner-Occupied Households Homeownership Assistance for Very Low and Low Income Residents Program Objective: Provide down payment/closing cost assistance for Income qualified, first-time homebuyers. Homeownership Assistance for Very- Low -Low Income Residents Program Objective: Acquire land/install infrastructure for new affordable housing Housing Rehabilitation for Very-Low and Low-Income Homeowners Program Objective: Provision of housing improvement programs Priority Need---Rental Housing Program Objective: Utilize local funds to leverage federal/state rental construction programs for very low and low-income renters Program Objective: Rehabilitation of existing rental units in conjunction with nonprofits and social service agencies assisting very low income and special needs Rental Assistance Program Objective: Assist very low-income renters with Tenant Based Rental Assistance through HOME Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida ---.- I - · - 16 - 80 Priority Need---Special Needs Housing Program Objective: Provision of transitional housing for special need/homeless residents NON-HOUSING PRIORITIES Community Development Priority Need---Infrastructure and Public Facilities Program Objective: Support provision of affordable housing through installation of infrastructure Program Objective: Pave/upgrade streets, resolve flooding, improve streetlights, provide sidewalk, community facilities and upgrade water and sewer service in low- income neighborhoods Economic Development Priority Need---Economic Diversification Program Objective: Support the creation of new job opportunities and training in conjunction with local businesses and organizations Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida .. - 17 -80 It Homelessness Strategy (Continuum of Care) The Continuum of Care (CoC) is a management concept to address the needs of the homeless, by coordinating services provided by a variety of agencies, into a cohesive unit to help move a family or individual from homelessness to self sufficiency. Regardless of the underlying problems, a comprehensive response including social services, job training and affordable housing is often required to move very low-income individuals or families from governmental and/or social services dependency to self-sufficiency. Moving From Dependency to Self Sufficiency 1\ f + ECONOMIC DEVELOPMENT 1 , JOBS ... TRAINING + ACCESS .. AFFORDAB HOUSING - COMMUNITY COLLEGE SCHOOL DISTRICT II - - SELF SUFFICIENCY LE COUNTY SOCIAL SERVICES L 'U"''''''Nm HOUSING PARTNERSHIPS Effectively addressing self-sufficiency requires a community wide public/private partnership that brings together, in a coordinated effort, all of the groups that traditionally deal with each piece of the problem. In furthering that partnership, Collier County became the 'Lead Agency' for the annual Continuum of Care grants process beginning with the FY 2003-2004 application. The Collier County CoC was conditionally awarded a total of $595,599 in the FY 03-04 competition for a pennanent housing project in Immokalee and for the Homeless Management Information System (HMIS). In January 2005, the County was notified that its 2004-2005 Continuum of Care application was conditionally awarded approximately one- third of its total request of $1 ,096,545. Pending the completion of the technical submissions in the spring 2005, two local agencies will receive approximately $367,591 for pennanent housing and HMIS. County F AH staff continues to be available to provide technical assistance to all Continuum applicants. As part of a comprehensive self-sufficiency program, commumtIes are increasing their economic and business development efforts to provide better paying jobs. The availability of affordable, workforce housing is crucial to these efforts. The following provides a conceptual structure of a Continuum of Care system. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida -1 - 18 - .. 80 Continuum of Care System Outreach Intake Assessment Permanent .................................. .................................. - ... .................................. Housing .................................. Emergency Transitional ... ¡!-Þ-- Shelter Housing ................................... .................................. .................................. I Supportive I - Housing , Mental Substance Health Abuse Job Family Training Support Education H.IV Independent Living The fundamental components of a continuum of care system: · First, there must be an emergency shelter/assessment effort which provides immediate shelter and can identify an individual's or family's needs. · The second component offers transitional housing and necessary social services. Such services include substance abuse treatment, short-tenn mental health services, independent living skills, etc. · The third and final component, and one which every homeless individual and family needs, is penn anent housing or penn anent supportive housing arrangements. While not all homeless individuals and families in a community will need to access all three components, unless all three components are coordinated in a community, none will be successful. A strong homeless prevention strategy is also a key to the successful implementation ofthe Continuum of Care (CoC). With over fifty Coalition members, the Continuum of Care planning process is now sufficiently institutionalized and CoC committee meetings are held monthly to discuss CoC progress, development and coordination issues. This augments the monthly meetings of the larger Collier County Hunger and Homeless Coalition (CCHHC), which plays the role of facilitator and disseminates infonnation to member agencies as well as the community in general. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida r · -19- At each monthly membership meeting of the CCHHC, progress updates on the CoC process are provided by the CoC Committee. Through these on-going efforts, the Collier County Continuum of Care has now become a recognized and institutional part of the local service delivery model. The CoC has established its own identity and function distinct from that of the larger CCHHC. Various standing committees have been developed and are active on a year-round basis in the local community, with a goal toward enhancing collaboration of homeless services throughout the county. Homeless awareness activities also continue to be on going, improving public awareness and support for community services. An annual homeless census is a standard procedure providing original and updated data for the County's Consolidated PI an/One- Year Action Plan. 80 There exists a continuing effort to enhance CoC involvement through consistent and meaningful representation from government and private sector mainstream services. This has resulted in increased coordination of services targeted specifically to homeless individuals and families. More than any other component, local leaders have been stressing these mainstream connections to enhance collaboration and utilization targeted to homeless individuals and families. These resources are increasingly seen as an integral component of the Collier County Continuum of Care system. Strategy for Prevention The County's social service agencies will continue to provide short-term aid, supportive services and counseling to families that are in danger of becoming homeless. The implementation of a Homeless Management Information System (HMIS), which is known locally as lNCCC (Information Network for the Community of Collier County) is proceeding on schedule. There are current six (6) provider agencies implementing the coordinated database and more agencies will be added in the future. This system will provide many of the County's social service agencies with more reliable data, better coordination of resources and provide better service statistics to funding sources requiring improved outcome data from the grants they award. The Tenant Based Rental Assistance program (TBRA) and the State funded Emergency Financial Assistance for Housing Program (EF AHP) have the potential to assist the local community in preventing homelessness. Both programs provide a mechanism to assist families facing eviction, loss of utilities, and other housing emergencies with temporary financial assistance to stabilize their living conditions. These programs also provide a mechanism for local social services agencies to provide a much-needed safety net for families and prevent them from becoming homeless. TBRA is a relatively new program funded by HOME and currently administered by the Collier County Housing Authority. EF AHP has been modified by the Florida Department of Children and Families to provide a one-time payment for emergency housing assistance. These two prevention programs will be utilized to assist in homeless prevention. Strategy for Outreach The County's nonprofit service providers continue to provide outreach services to the County's homeless population. The annual homeless census count, conducted January 26- Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida .._>-_.."'->~ ------r.- · 8D - 20- 27, 2005, included two Get-Help Clinics, one in Immokalee and one in Naples, to provide outreach services to homeless individuals and families. The Get Help Clinics are provided in conjunction with the annual count and provide a good avenue for assessing the needs of the homeless. They provide an opportunity to outreach and determine additional needs of the homeless population. Annually the clinics are evaluated for services, scale, frequency and locations of future events. Collier County's homeless population is relatively invisible to the general public. Most individuals and families live in either emergency or transitional shelter facilities operated by social service agencies, or due to the limited number of these facilities are hidden in small camps dispersed in the woods throughout the county. On January 26th and 2ih, 2005 the fifth annual homeless census (Point-in- Time Survey) was held. Throughout the State of Florida, all homeless coalitions held their annual count on the same day for the first time. CCHHC members and community volunteers counted 642 persons including homeless men, women and 70 children. These families and individuals were interviewed at labor pools, in the woods, on the streets, living in vehicles, in hospital emergency rooms and detoxification centers, in jail, in soup kitchens, emergency shelters and in transitional housing programs. This number is a slight decrease from the 685 counted in 2004, 690 in 2003 and 608 counted in 2002. During the annual homeless count, Get Help Clinics are held in both Naples and Immokalee. The 2005 Get Help Clinic provided vision, dental, medical and psychiatric screening, flu shots, portable showers, haircuts and vouchers for pet vaccinations. The number of persons at the Get Help Clinics has continued to increase. The Collier County Hunger & Homeless Coalition is considering offering these services on a quarterly basis. It is known that some hidden homeless were uncounted and most social service professionals believe the actual number of homeless in Collier County is underreported. Further, the homeless census does not count the number of individuals who are at-risk for homelessness. This is a growing number in Collier County as evidenced by the numbers of people accessing services provided by nonprofit and government agencies. During the 2005 count, Coalition volunteers identified 81 individuals at risk of homelessness due to cost- burdened, substandard and overcrowded housing; incarceration or discharge from an institution. The new Homeless Management Information System INCCC will assist in capturing this data so that a formal, statistical reporting system can be established and the information disseminated to all community and governmental stakeholders. In conjunction with the County's collective service providers, the County will work to improve its strategy for outreach to families in need of assistance. With the additional entitlement of ESG funds and the County's role as CoC Lead Agency, it will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as to better leverage mainstream funding sources for this purpose. Strategy for Shelter, Transitional Housing and Supportive Service Needs The County's nonprofit service providers will continue to provide direct emergency shelter, transitional housing and supportive services to the County's homeless. In conjunction with local service providers, the County will work toward providing additional shelter assistance to families in need of assistance. This collaborative effort may occur through a variety of Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida · 8D - 21 - efforts including State grants, private funding, raising community awareness and other initiatives to ensure additional resources for this target population. In September of 2003 the County as the Continuum (CoC) Lead Agency submitted an application and was successful in obtaining a State of Florida Homeless Assistance Challenge grant for the Coalition's Homeless Management Information System project. In FY 03-04 the County also allocated a portion of its administrative funds to purchase computer hardware for the HMIS process. The County has also aIIocated CDBG funds to the INCCC process and is now able to provide Emergency Shelter Grant (ESG) funds to the three local shelter providers. In its role as CoC Lead Agency, the county will continue to collaborate with local service providers in researching and applying for appropriate homeless program funding opportunities. Strategy for Independent Living The County's nonprofit service providers wiII continue to provide independent living services to the County's homeless. As CoC Lead Agency, the County will be positioned to more effectively plan its coIIaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Rationale for Homeless Priorities Based on the Continuum of Care Gaps Analysis the County believes that the highest priority for providing homeless assistance should first be provided to families, especially those that are the victims of domestic violence. The County has assigned a lower priority to assisting homeless individuals or those homeless with special needs related to mental illness and/or alcohol and/or drug abuse. However, with HUD's newly created focus on ending Chronic Homelessness, this priority may undergo significant changes in the future. Obstacles The major obstacle to meeting the needs of the homeless is the lack of funds complicated by the lack of local support for using general revenue tax doIIars to fund homeless programs. Federal programs for the homeless are currently granted on a competitive versus aIIocated basis that do not necessarily address unique community concerns. Presently Collier County does not fund social services of this type. However, with the addition of Emergency Shelter Grant funds directly from HUD and as CoC Lead Agency, the County wiII be better positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida T - 22 - 8D .. OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY Rationale for Priorities The following analysis examines the housing and supportive needs of elderly and frail elderly households, severely mentally ill households, developmentally and physically disabled households and persons with alcohol or other drug addiction or persons with AIDS and related diseases. The table below compares the number of persons with special housing needs with the number of existing group home or facility beds for those needs and the number of additional beds needed. Statewide prevalence rates, provided by Florida's Development Disabilities Planning Council, were used to determine the potential needs of Collier County. Special Needs population. Residential Beds and Unmet Needs Statewide County Existing Special Needs Population Rate Needs Beds U nmet Needs Children .00062 139 1,540 Frail Elderly .00476 1,066 1,167 Developmentally Disabled .00075 168 10 Mentally III .00154 345 0 none none 158 o Source: Florida Developmental Disahilities Planning Council. 1999. Frail Elderly The number of Assisted Living Facilities (ALF) and nursing homes in the community has increased as the population has exploded. However, many of these businesses were not created to assist very low-income seniors. While there are currently ten (10) ALFs in Collier County, only one (1) accepts Medicaid Waiver. In 2004, there were 21 nursing homes with a total of 902 beds. However, only 3 nursing homes accept Medicaid. The State Department of Children and Families does not have enough supplemental assistance dollars to place low-income elderly in local facilities. One Medicaid Assisted Living Facility (ALF) closed in early 2000, after the building was sold to a private party and all of the residents had to be relocated to facilities outside of Collier County. Although County has assigned this a low priority, as the population continues to age both State and local governments will need to develop a plan to address this growing need. Children in Foster or Special Care The need for additional foster and special care facilities for children is not critical in Collier County. The County has assigned this a low priority. Persons with Physical Disabilities Two facilities, with a capacity of 10 beds, provide care for persons with physical disabilities. The County has assigned this a low priority. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida -r - 23 - 80 . Persons with Developmental Disabilities There is a potential need for 158 additional beds in Collier developmental disabilities per the 5-year Consolidated Plan. constraints, the County has assigned this a low priority. County for persons with As a result of resource Mental Health Consumers Rather than house mental health consumers in special facilities, it is more effective to integrate them into the private housing market while providing material, emotional and skill training support through outreach and walk-in clinics. Insufficient funding results in the County assigning this a low priority. Persons with Alcohol/Other Drug Addiction The primary needs of this group are for 30-day detoxification housing and long-tenn medical care. The County has assigned this a low priority. Persons with AIDS Neighboring Lee County has received a Continuum of Care grant to serve as the region's center for AIDS housing. However, local nonprofit organizations serving the AIDS population in Collier are researching funding opportunities to provide a local housing program combined with support services. This population requires improved data collection to detennine housing/service needs, especially with regard to the Immokalee area. Obstacles Insufficient funding as well as a lack of a directed community planning process to address the needs of the County" s special populations are identified as obstacles to meeting the needs of this group. Although all of the previously identified categories are currently low priority, that does not mean that there is a limited need or demand for services for these specific populations. As the county continues to grow, so will the demand for more services for these special needs population. Unfortunately, it is unlikely that funding will grow to meet the increased demand. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida .---"". I - - 24- 80 . NON-HOUSING COMMUNITY DEVELOPMENT PLAN The following information subdivides this strategy into individual CDBG-eligible activity categories. A. Acquisition The County may acquire land for affordable housing and acquire land for necessary public facility improvements, such as parks, storm drainage and roads. B. Disposition The County does not expect to undertake any disposition activities with federal funds. Sub recipients undertaking acquisition/rehab/resale projects may be involved In disposition. C. Public Facilities and Improvements The County will make improvements, such as road paving, storm drainage, public utilities, park and recreation improvements, and community centers. D. Clearance The County may demolish and remove unsafe structures. E. Public Services The County Human Services Department and other eligible subrecipients may provide public services for low and moderate-income households. F. Interim Assistance The County does not intend to undertake any interim assistance. G. Payment of Non-Federal Share The County may utilize CDBG to pay a non-federal share of another grant if opportunities to leverage other funds arise. H. Urban Renewal Completion The County has no urban renewal projects. 1. Relocation The County has no activities planned that will require relocation. J. Loss of Rental Income The County has planned no activities that will result in the loss of rental income. K. Removal of Architectural Barriers The County has planned no specific activities to remove architectural barriers, except in the course of its rehabilitation activities. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida I - 25 - 80 . L. Privately Owned Utilities The County may consider requests that involve privately owned facilities serving low- income neighborhoods. M. Housing The County will support its State Housing Initiative Partnership (SHIP) and affordable housing programs. N. Rehabilitation and Preservation The County may provide funding for housing rehabilitation and preservation. O. Economic Development The County will continue to provide economic diversification and job training as part of its antipoverty strategy and as its second highest priority in the 2001-2005 Consolidated Plan. P. Special Activities by Sub recipients No special activities are planned at this time; however, the County will be receptive to proposals that further its objectives. Q. Planning and Capacity Building Activities The County will undertake planning and capacity building programs for its' Community Housing Development Organization (s), nonprofit organizations and all sub recipients. R. Administrative Costs The County will administer programs and activities identified in this plan. Rationale for Priorities The analysis of need found that the County should focus its efforts on assisting low-income households in their efforts to achieve self-sufficiency. Obstacles Although the County has insufficient funding to meet all of the identified needs, the County will be developing neighborhood revitalization plans for each potential target area and use those plans to guide its program activities. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida -----¡--.'. o _ 26 _ 8D PROPOSED ACCOMPLISHMENTS The following charts display the County's proposed accomplishments. Table below lists the county's non-housing community development proposed accomplishments by CDBO- eligible category. FIVE YEAR NON-HOUSING COMMUNITY DEVELOPMENT STRATEGY SUMMARY BY CDBG ELIGIBLE CATEGORY CATEGORY A. Acquisition ACTIVITY BUDGET ESTIMATE Land Acquisition $ 1,000,000 B. Disposition None Planned C. Public Facilities and Improvements Low-Income Area Improvements $ $ 3,000,000 D. Clearance Demolition/Removal of Unsafe Structures $ 50,000 E. Public Services Public Services F. Interim Assistance None Planned G. Payment of Non-Federal Share None Planned H. Urban Renewal Completion None Planned $ 1,500,000 $ $ $ I. Relocation None Planned J. Loss of Rental Income None Planned K. Removal of Architectural Barriers None Planned L. Privately Owned Utilities None Planned $ $ $ $ M Housing Affordable Housing Support N. Rehabilitation and Preservation Housing Rehabilitation O. Economic Development Economic Diversitication Support P. Special Activities by Subrecipients None Planned Q. Planning and Capacity Building Costs $ I ,500,000 $ 250,000 $ 1,000,000 $ $ 100,000 R. Program Administrative Costs FIVE YEAR TOTAL for ALL ACTIVITIES: $ $ 2,035,000 10,435,000 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida .. 8[ - 27 - REDUCTION OF BARRIERS TO AFFORDABLE HOUSING In 1993, as part of a state-mandated affordable housing regulatory reduction self-review system, the County reviewed all of its development regulations in detail. The purpose of this review, was to wherever possible, reduce the cost of housing. As part of the 1993 review, the County reduced additional standards and adopted additional incentives to increase housing affordability, based on the recommendations made by the Affordable Housing Advisory Committee. (See the Collier County "Aßòrdable Housing Incentives Plan" report to the state Housing Finance Corporation). The County's Workforce Housing Advisory Committee was a ten-member citizen group appointed by the Board of County Commissioners in November 200 I. Through regular meetings they met to analyze and develop programs, policies, and procedures for Collier County to enhance and increase the supply of affordable housing throughout the community. Some specific areas of study the Committee has focused on include: Inclusionary Zoning, Impact Fees, Land Development Code Amendments, Growth Management Plan Amendments, Land Trusts and public funding of a start-up non-profit Community Housing Development Organization (CHDO). The Committee's final recommendations and report were presented to the Board of County Commissioners (BCC) at a Workforce Housing Workshop on April 4, 2003. A copy of this report may be obtained through the Collier County Financial Administration and Housing Department. The Committee officially sunsetted after its presentation to the BCC in 2003. However, their recommendations continue to be pursued by the Affordable Housing Commission and County staff. As part of the committees' recommendations to the BCC a budget amendment of $98,000 was approved for funding a CHDO in Collier County. The Collier County Housing Development Corporation (CCHDC) was officially incorporated in the State of Florida as a non-profit corporation in September 2003 and is the first countywide CHDO in Collier County. The CCHDC has also made application to the IRS for 50 I (c )(3) status and will need to go back to the BCC to apply for funding and receive fonnal designation as a CHDO operating in Collier County. Collier County has also significantly reduced its development processing times and established a one-stop pennit center. These incentives included the adoption of an expedited pennit review process, the waiver and/or deferral of impact fees, density bonuses; and the reduction of parking and setbacks, allowing zero-lot line developments. The County also followed state law and enacted regulations that allow group homes in all its residential zoning districts. The County, through the Housing Element of its Comprehensive Plan, must also ensure the availability of sufficient sites, with supporting infrastructure, for its affordable housing needs. REDUCTION OF LEAD-BASED PAINT HAZARDS The County, through its Board of Health continues to monitor and respond to all suspected cases of lead poisoning. However this continues to be a very minor problem in the County, primarily due to the newer age of the County's housing stock. The Collier County Health Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida ,0 _ 28 _ Department has targeted two (2) zip codes (34102 & 34103) areas for potential childhood lead poisoning cases screening. These two areas contained housing stocks that are pre-l 970. A map of a childhood lead poisoning screening map is included in the section 4.0 One-Year Action Plan, Geographical Location. 80 The Collier County Health Department is the lead agency that monitors lead poisoning cases. In 2003, there were 44 reported cases of Lead Poisoning in Collier County (Blood Lead Levels:::: 10). The Blood Levels (BLLs) were all detennined from venous drawn blood. They ranged from a high of BLL 56 down to BLL 10. None of these cases reported were detennined to be a result of housing stocks. The leading cause of Lead Poisoning determined by the County's Health Department investigations was due to recent emigration from lead prone areas. In the majority of reported cases (33 cases), effected people were recent immigrants arrived from lead prone areas. The Housing Authority has tested their units for lead-based paint and the Housing Authority has resident information programs regarding this matter. ANTIPOVERTY STRATEGY Collier County has several initiatives designed to reduce unemployment and Increase economic opportunities for its poverty level residents. First, the County has an ongoing Economic Development Program. In 1995, Collier County formed a public/private partnership with its business community to significantly expand the County's economic development activities. The Economic Development Council of Collier County was charged with diversifying the County's economy. The partnership has been highly successful. Between 1995 and 2000, Collier County has added 21,116 new jobs, a 28% increase. This was three times the rate of neighboring Lee County (9%) the regional center and almost three times the statewide rate (11%). In addition, the County has made significant efforts to improve economic conditions in its low-income agricultural area of Immokalee. The County completely upgraded the general aviation airport, and had the portion of the airport (60 acres) designated as a Foreign Trade Zone (#213) and a State Enterprise Zone (#1101), which offers tax incentives to companies that locate there. The area has been designated as a Rural Federal Enterprise Community by the u.S. Department of Agriculture, which enabled the County to offer federal tax credits to companies that locate there. USDA provides $250,000 a year in seed money over the next ten years (1999-20 10). This grant is being matched by the State Department of Community Affairs and is being administered by the Empowerment Alliance of Southwest Florida. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida ~ 80 - 29 - The County has successfully opened a business incubator in Immokalee, and completed infrastructure and façade improvements to Main Street lmmokalee, which is now part of the Main Street program. Second, as an important component of this economic development effort, the Florida Gulf Coast University funds a Small Business Development Center (SBDC), which teaches potential business people how to successfully start a new company. As a major new initiative, the SBDC has also begun customized job training programs that train local residents (most of whom are unemployed or underemployed) to take specific jobs at new or expanding programs. Third, in conjunction with the state's WAGES, Welfare to Work Program, the County, through Florida Gulf Coast University provides both life skill and customized job training for the County's low-income residents. These courses are designed to help under skilled workers obtain jobs in the private sector. Fourth, the Southwest Florida Workforce Development Boards, Inc. One-Stop Community Career and Service Centers provide a network for comprehensive services and labor market infonnation for employers, workers and job seekers. This organization is a partnership between business, labor, education, community, and government services. The 42-member Board oversees workforce development initiatives in Southwest Florida, which is comprised of Charlotte, Collier, Glades, Hendry, and Lee Counties. In Collier County, the SW FL Workforce Development Boards, Inc. provides one-stop facilities in Naples and Immokalee. Lastly, the F AH department actively seeks Economic Development applications through our CDBG process from for-profit and non-profit organizations alike. PUBLIC HOUSING RESIDENT INITIATIVES The Collier County Housing Authority plans to implement a homeownership program that infonns and encourages residents to participate in various affordable housing programs. FAIR HOUSING The County adopted its Fair Housing Ordinance on November 4, 1986, and amended the ordinance on February 4, 1992. The County has also adopted an anti-displacement plan and plans no activities that will require displacement within its FY 2001-2005 Consolidated Plan. CDBG funds were utilized to prepare an Analysis of Impediments to Fair Housing, which was revised in August of 2002 and approved by HUD's Office of Fair Housing and Equal Opportunity (FHEO) on December 23, 2002. The following actions undertaken to affinnatively further fair housing in the county: . Board of County Commissioners will pass a proclamation declaring April as Fair Housing month. . Prepare and advertise Fair Housing Month with ads in both local newspapers III English /Spanish. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida " - 30 - · Provide Fair Housing notices and Fair Housing pamphlets (English/Spanish) to all the County's social service agencies, local churches, organizations and others. . · Conduct Housing fairs in Golden Gate and Immokalee in partnership with other agencies working to affirmatively further Fair Housing in Collier County. · Education & Outreach to further fair housing choices through local churches, civic associations, neighborhood organizations and other groups. · Set aside CDBG funds to affirmatively further Fair Housing activities. 81) SECTION 3 The following activities will be conducted by Collier County to comply with Section 3: · Develop and implement a process for Section 3 programs for HUD-funded projects. · Increase number of identified Section 3 businesses. · Coordinate Section 3 program · Education and outreach to promote Section 3 programs. · County will continue to promote participation by businesses owned by minorities, women and disabled persons. · INSTITUTIONAL STRUCTURE Collier County will utilize a number of nonprofit housing and social service provider partners through a yearly request for proposal process to carry out its various housing and community development activities. The County will carry out its community development program directly and in conjunction with its local cities. Strengths/Gaps Assessment There are no real gaps in the County's institutional structure. The County's use of independent nonprofit housing and homeless service providers offer the opportunity to effectively utilize its existing agencies and develop new organizations. Organizational Relationships with Public Housing Authority Due to the growing population of Collier County and the limited number of Section 8 vouchers available, the County will continue to work with the Collier County Housing Authority, and other eligible subrecipients, to expand the availability of poverty level rental housing. To meet this objective, the County wi1l designate a portion of its allocation of HOME funds for a Tenant Based Rental Assistance (TBRA) program. TBRA funds may be used for monthly rental subsidies, utility deposits and security deposits and a local preference will be given to families and/or individuals who are homeless or at risk of homelessness. As one of the partners, the Collier County Housing Authority will be responsible for the administration of this program including the inspection of rental properties for certification of suitability and the income qualification of tenants. This program will be administered countywide. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida ~ - 31 - 80 Overcoming Gaps The Financial Administration & Housing Department, and its network of subrecipients, is effectively organized to utilize the funding it receives from various state and federal programs. The County has also actively sought discretionary grants from both state and federal agencies. The major gap in service provision is in the area of rental housing for extremely low-income households. The provision for this type of housing has traditionally been a federal responsibility through HUD and other federal/state programs. The reauthorization of the federal tax credit program for low-income rental construction now means that the private sector once again has the incentive to construct new rental housing. The tax credit, combined with the State Apartment Incentive Loan (SAIL) Program, which provides a developer with an additional state subsidy for low-income apartment construction. Unfortunately, these programs typically do not reach the extremely low- income (below 30% MFI) renter households who are having the greatest housing problems. The County is working with private, for profit housing developers in ensure that a percentage of the new rental units being constructed are being made available to households at 40% to 59% of median income. In relation to homelessness, Collier County's nonprofit institutional structure provides the response mechanism to the area's homeless population. Through the Collier County Hunger & Homeless Coalition and its member organizations, a Continuum of Care strategy continues to develop and strengthen. Through a variety of partnerships, state grants and HMIS, the stakeholders participation has increased and provides a more comprehensive safety net. The County anticipates that the community's response to homelessness will expand proportionate to the needs of this population and the continued growth and development of the CoC network. Organizational Cooperation Strategy The Department of Financial Administration and Housing will continue to be the primary entity responsible for coordinating and implementing these programs. In some cases, funds will be passed through to nonprofit and for profit housing providers and certain municipalities/government agencies through interlocal agreements or subrecipient agreements. Collier County will coordinate with a wide range of nonprofit and for profit entities including the Collier County Hunger & Homeless Coalition and its member organizations, the Collier County Housing Authority, local CHDOs and CBDOs, the Collier County Finance Authority, the local business community and others who are interested in promoting the concepts outlined in this plan. Collier County has identified the following entities that will deliver and manage specific housing assistance and community development programs: Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · ,~ 80 ~ .~ -3;t , Home Investment Partnerships (HOME) Program actIvItIes will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients. A Request for Proposal (RFP) process will be utilized. Community Development Block Grant (CDBG) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients using an RFP process. Emergency Shelter Grants (ESG) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to the three (3) shelters that would qualify as subrecipients. Shelter Plus Care - Collier County will support existing and future applications for funds from this source by a nonprofit agency that will manage, implement and deliver all services. The County will be the Lead Agency for this application and provide technical assistance as needed. Safe Havens - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Rural Homeless Housing - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Section 8 Rental Vouchers and Certificates Program - The Collier County Housing Authority administers these programs in Collier County. The Department of Housing and Urban Development (HUD) monitors all such programs. Farmers Home Administration Guaranteed Loan Program - Collier County will support any nonprofit making application for this program. Farmers Home Administration Single-Family Program - Loans are available to eligible individuals through this entity. Collier County's role is one of referral and support. Transitional Housing Grant - The County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Community Services Block Grant - The Immokalee Multicultural Multipurpose Community Action Agency (IMMCAA) receives Community Services Block Grant (CSBG) funds from the State. The County will support IMMCAA's efforts in administering these funds in the Immokalee community. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida - 33 - 80 Permanent Housing for the Handicapped - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. iii Other Federal Discretionary Funding - (SAFAH, Permanent Housing for the Homeless Handicapped, Supportive Housing for Persons with Disabilities, etc.) The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications from others where appropriate. Other State Programs: (Elderly Homeowner Rehabilitation Program, Housing Predevelopment Loan Program, State Apartment Incentive Loan (SAIL) Program, Low Income Housing Tax Credits (LIHTC), Low-Income Energy Assistance Program, Low- Income Emergency Repair Program, etc.). The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications from other entities where appropriate. SUPPORT OF ApPLICATIONS FOR FUNDING BY OTHER ENTITIES Collier County will support the application of other entities for funding under competitive grant programs wherever possible and appropriate. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · -320 4.0 ONE YEAR ACTION PLAN This One Year Action Plan provides details on the specific activities the County will undertake during program year 2005-2006 to implement the final year of the 2001-2006 Five Year Consolidated Plan. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · -380 ApPLICA TION Federal Standard Fonn Number 424 is the basic fonn that all applicants utilize to apply for federal funding. The following pages represent the SF 424 for each of the three (3) HUD funded programs Collier County is eligible to apply for and receive, which are Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), and Emergency Shelter Grant (ESG). Consolidated Plan One- Year Action Plan FY 2005-2006 Collier County, Florida . 80 Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier May 9, 2005 B-05-UC-120016 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-application o Construction c: Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier I:zI Non-Construction îi Non-Construction 5. APPLICANT INFORMATION Legal Name: Oraanlzational Unit: Collier County Board of County Commissioners Department: Financial Administration and Housing or~anizational DUNS: Division: 07 997790 Community Development and Environmental Services Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 2800 N. Horseshoe Drive, Suite 400 Prefix: First Name: Ms. Susan I City: Middle Name I Naples Matthews I County: Last Name Collier Golden I I State: Zip Code Suffix: I Florida 34104 Country: Email: I United States susangolden@colliergov.net I 6. EMPLOYER IDENTIFICATION NUMBER (E/N): Phone Number (give area code) I Fax Number (give area code) ~œ-~@][Q][]@]@]@] (239) 213-2901 (239) 403-2331 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) 'iT New Continuation I Revision B If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) D D Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Housing & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ITJ~-[]ITJŒJ Neighborhood improvements including affordable housing development, land acquisition and infrastructure. senior citizens center, health care TITLE (Name of Program): services. housing rehabilitation. job creation, expansion of HMIS and Community Development Block Grant (CDBG) Entitlement 12. AREAS AFFECTED BY PROJECT (Cities. Counties. States, ete.): other services to benefit very low and low income individuals and neighborhoods throughout Collier County, Collier County, Florida 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: I Ending Date: a. Applicant I b. Project 07/01/2005 06/30/2006 14 & 25 14 & 25 15. ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal ~ uu I[J THIS PREAPPLlCATION/APPLlCATION WAS MADE 2,637,663 a. Yes. 'AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ uu PROCESS FOR REVIEW ON c. State $ 00 DATE: d. Local ~ uu W1 PROGRAM IS NOT COVERED BY E. O. 12372 b No. e. Other ~ uu Pi OR PROGRAM HAS NOT BEEN SELECTED BY STATE I' - FOR REVIEW f. Program Income ~ uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL ~ uu I] Yes If "Yes" attach an explanation. irJ No 2.637.663 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLlCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE IATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a, AlJlhori7..rJ R..nr"""ntative ~efix First Name Middle Name r. Fred W. Last Name Suffix Coyle b. Title . Telephone Number (give area code) Chairman, Collier County Board of County Commissioners 2391774-8097 Id· Signature of Authorized Representative e. Date Signed PrevIous Edition Usable Authorized for Local Reoroduction Standard Form 424 (Rev.9-2003) Prescribed bv OMB Circular A-102 · 80 APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier May 9, 2005 M-05-UC-120017 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier I Application Pre-application I o Construction Õ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier IZI Non-Construction rï Non-Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Collier County Board of County Commissioners Department: Financial Administration and Housing Or~anizational DUNS: Division: 07 997790 Community Development and Environmental Services Address: Name and telephone number of person to be contacted on matters Street: Involving this application (give area code) 2800 N. Horseshoe Drive. Suite 400 Prefix: First Name: Ms. Susan I - Middle Name City: I Naples Matthews I County: Last Name I I Collier Golden I State: I Zip Code Suffix: I Florida 34104 Country: Email: United States susangolden@colliergov.net 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) lFax Number (give area code) @Jœ-@]@][Q][]~~@] (239) 213-2901 (239) 403-2331 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) 'v New Continuation :r Revision B If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) D D Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: [I]~-[]@]æJ Housing activities including CHDO assistance. housing rehabilitation, WL~Name. of prog~: T ~ Ct r\.. tli.. !/ :::.l\.\pþ...e\ "..."'1'.."'- down payment assistance. TBRA. and new housing construction o £. \ ",v-t.S: ...t:.(\ initiatives. 12. AREAS AFFECTED BY PROJECT (Cities, countiès, States,letc.): Coller County, Florida 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: I Ending Date: a. Applicant I b. Project 07/01/2005 06/30/2006 14 & 25 14 & 25 15. ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal ~ uu THIS PREAPPLlCATION/APPLlCATION WAS MADE 791.020 a. Yes. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant ~ 00 PROCESS FOR REVIEW ON c, State ~ 00 DATE: d. Local $ uo PROGRAM IS NOT COVERED BY E. O. 12372 b. No, W1 e. Other ~ uu 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 1. Program Income ~ uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 00 CJ Yes If "Yes" attach an explanation. o No 791,020 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPlICATION/PREAPPlICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE IATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. :0. Aulhnri7"d Renre''''nl:01iv'' ~1fiX I First Name Middle Name Fred W. Last Name Suffix Coyle b. Title '\:Te~~Phone Number (give area code) Chairman, Collier County Board of County Commissioners 239 774-8097 ¡ct. Signature of Authorized Representative ~. Date Signed Previous Edition Usable Authorized for Local Reoroduction Standard Form 424 (Rev.9-2003) Prescribed bv OMB Circular A-102 APPLICATION FOR FEDERAL ASSISTANCE . 8Uion 7/03 2. DATE SUBMITTED May 9, 2005 3. DATE RECEIVED BY STATE -" Applicant Identifier S05-UC-12-0024 State Application Identifier 1. TYPE OF SUBMISSION: Application o Construction 171 Non-Construction 5. APPLICANT INFORMATION Legal Name: Collier County Board of County Commissioners Organizational DUNS: 076997790 Address: Street: 2800 N. Horseshoe Drive, Suite 400 Pre-application [] Construction :i Non-Construction 4. DATE RECEIVED BY FEDERAL AGENCY ¡ I I ----, uu _ ~ 96,119 1- Yes If "Yes" attach an explanation. ,¡z¡ No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLlCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authori7F!d RF!nresent"'ive PM7fix City: Naples County: Collier State: Florida Country: United States 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Zip Code 34104 ~œ-~@][Q][Q]@]@]@] 8. TYPE OF APPLICATION: V New Continuation If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) r Revision D D Other (specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: OJ 8J - []@]OJ TI,ILE (Name of Program): . I , . ."", . 4_ ~"tx {\ e.'\. ~4 SI.- I¿: h'L,\- l c~ ¡(H) , 12. AREAS MFECTED BY PROJECT (Cities, Counties, States, ete.). Coller County, Florida 13. PROPOSED PROJECT Start Date: 07/01/2005 15. ESTIMATED FUNDING: lEnding Date: 06/30/2006 a. Federal $ .00 96,119 b. Applicant $ uu c. State $ vu d, Local $ uu e. Other $ .uu f. Program Income : ) uu g. TOTAL $ First Name Fred Last Name Coyle b. Title Chairman, Collier County Board of County Commissioners d, Signature of Authorized Representative PrevIous Edition Usable Authorized for Local Reoroduction Federal Identifier ,----~-~- Oraanlzational Unit: Department: Financial Administration and Housing Division: Community Development and Environmental Services Name and telephone number of person to be contacted on matters Involving this application (give area code) Prefix: First Name: Ms. Susan Middle Name Matthews Last Name Golden Suffix: Email: susangolden@colliergov.net Phone Number (give area code) I (239) 213-2901 7. TYPE OF APPLICANT: B Other (specify) ¡Fax Number (give area code) (239) 403-2331 (See back of form for Application Types) 9. NAME OF FEDERAL AGENCY: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: To provide support to emergency shelter providers in their efforts to serve individuals and families who are homeless through the delivery of essential services and to maintain and operate facilities serving the homeless population. 14. CONGRESSIONAL DISTRICTS OF: a. Applicant lb. Project 14 & 25 14 & 25 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? THIS PREAPPLlCATION/APPLlCATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON a. Yes. DATE: b. No, W1 PROGRAM IS NOT COVERED BY E, 0.12372 o OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Middle Name W. Suffix ~. Telephone Number (give area code) 1239\ '774-8097 ~. Date Signed Standard Form 424 (Rev.9-2003) Prescribed bv OMB Circular A-102 · Sß RESOURCES (FUNDING SOURCES) The following resources are anticipated to be available III FY 2005-2006 to undertake the activities outlined in the One Year Action Plan. Federal Community Development Block Grant (CDBG) FY 2005-2006 $2,637,663 Housing Investment Partnerships (HOME) FY 2005-2006 American Dream Downpayment Initiative (ADD I) Total Available HOME Funds 762,220 28,800 791,020 Emergency Shelter Grant (ESG) FY 2005-2006 $96,119 Total Available CDBG, HOME, ADDI and ESG Funds $3,524,802 Other Federal funds Collier County, as CoC lead agency, will continue to submit competitive grant applications for programs serving the homeless population. The 2004 CoC grant conditionally awarded: $367,591 State State Housing Initiative Partnership (SHIP) funds approximately (SHIP funds are used to leverage federal funds and are earmarked specifically for first-time homebuyers and housing rehab programs.) $2,186,610 Local At the present time, no general revenue funds are earmarked for housing production. However, all of the nonprofit partners generate local dollars through fundraising and grants. TOT AL FUNDS A V AILABLE 2005-2006 $6,079,003 PROPOSED 2005-2006 ACTION PLAN PROJECTS TOTAL: $3,524,802 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier Coun~v, Florida · 8JJ, - Funding Sources Entitlement Grant (includes reallocated funds) CDBG ESG HOME $2,637,663 $ 96,119 $ 791,020 $3,524,802 Total Reprogrammed Prior Year's Funds CDBG ESG HOME Total $ -0- $ -0- $ -0- $ -0- Total Estimated Program Income $0 Submitted Proposed Projects Totals $3,524,802 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida I!t<..'..,. 808- . IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: Special NeedslNon-homeless Housing Needs; Continuum of Care Gaps Analysis - Individuals; Continuum of Care Gaps Analysis - Persons in Families with Children; and Community Needs. Special Needs of Non-Homeless Sub-Populations Priority Need Estimated Dollars to Address Elderly Low $500,000 Frail Elderly Low $500,000 Severe Mental Illness Low $500,000 Developmentally Disabled Low $500,000 Physically Disabled Low $500,000 Persons wi Alcohol/Other Drug Addiction Low $500,000 Persons wi HIV I AIDS Low $500,000 Total $3,500,000 Priority Needs Summary Table PRIORITY HOUSING NEEDS Priority Estimated Estimated (Households) Need Units Dollars to Level Address 0-30% ofMFI High 2,000 $20,000,000 Small 31-50% of MFI Medium 1,000 $10,000,000 Related 51-80% ofMFI Low 1,000 $10,000,000 I Large 0-30% of MFI High 500 $5,000,000 Renter 31-50% of MFI Medium 500 $5,000,000 I Related 51-80% of MFI Low 500 $5,000,000 0-30% of MFI Medium 400 $1,000,000 Elderly 31-50% of MFI Medium 100 $200,000 51-80% of MFI Low 100 $200,000 0-30% of MFI High 1,000 $1,000,000 All Other 31-50% of MFI Medium 1,000 $1,000,000 51-80% of MFI I Low $1,000,000 ! I 1,000 0-30% ofMF1 High 2,500 $25,000,000 Owner 31-50% of MF1 Medium 2,500 $25,000,000 51-80% of MFI Low 2,500 $25,000,000 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · -ªP Homeless and Special Needs Population INDIVIDUALS Estimated Current Unmet Relative Need Inventory Need/Gap Priority Emergency Shelter 343 144 199 H Beds/Units Transitional Housing 185 20 165 M Permanent Housing 158 22 136 L - -,.~- Total 686 186 500 Job Training 315 157 158 L Case Management 631 303 328 H i Estimated Substance Abuse Treatment 274 137 137 L Supportive Mental Health Care 398 200 198 M i Services Slots Housing Placement 549 220 329 H , Life Skills Training 480 240 240 M , ! Other (Health Care) 514 257 257 M , Other (Transportation) 617 370 247 M Chronic Substance Abusers 301 150 151 H Seriously Mentally III 137 69 68 M Dually- Diagnosed 130 52 78 M Estimated Sub- Veterans 69 35 34 L Populations Persons with HIV / AIDS 23 12 11 L Victims of Domestic Violence 261 138 123 H I Youth 75 35 40 L Other (Physically Disabled) 27 13 14 L PERSONS IN F AM ILlES WITH CHILDREN Estimated Current U nmet Relative Need Inventory Need/Gap Priority Emergency Shelter 210 66 144 H Beds/Units Transitional Housing 176 47 129 M Permanent Housing 34 0 34 L ,-f-------u--- -"--" - ._._--~-- ..~--- .-~ Total , 420 113 307 I I Job Training 256 102 154 L Case Management 386 154 232 H Estimated Child Care 244 65 179 M Supportive Substance Abuse Treatment 177 68 109 L Services Slots Mental Health Care 260 102 158 M Housing Placement 362 109 253 H Life Skills Training 295 115 180 M Other (Health Care) 315 122 193 M Other (Transportation) 378 227 151 L Chronic Substance Abusers 185 74 111 H Seriously Mentally 111 50 20 30 M Dually-Diagnosed 80 32 48 M Estimated Sub- Veterans 13 5 8 L Populations Persons with HIV I AIDS 13 5 8 L V ictims of Domestic Violence 231 138 93 H Other (ESL Language) 33 13 20 L Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida · -8D COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY Need Estimated Estimated Dollars DEVELOPMENT NEEDS Level Priority to Address Units PUBLIC FACILITY NEEDS Overall High 22 $5,750,000 Public Facilities & Improvements (General (03)) High 10 52,SOO,000 Handicapped Centers (03B) Low 0 50 Neighborhood Facilities (03E) High S 52,SOO,000 Parks and/or Recreation Facilities (03F) High S 52S0,000 Parking Facilities (03G) Low 0 50 Solid Waste Disposal Improvements (03H) Low 0 SO Fire Stations/Equipment (030) Med 0 SO Health Facilities (03P) Med 2 5S00,000 Asbestos Removal (03R) Low 0 SO Clean-up of Contaminated Sites (04A) Low 0 SO Interim Assistance (06) Low 0 SO Non-Residential Historic Preservation (16B) Low 0 SO INFRASTRUCTURE Overall High 72,510 $13,100,000 Flood Drain Improvements (031) High 2,SOO 52.S00,000 Water/Sewer Improvements (03J) High 10,000 53.000,000 Street Improvements (03K) High SO,OOO S6,2S0,OOO Sidewalks (03L) Med 10,000 51,000,000 Tree Planting (03N) Low S 52S0,OOO Removal of Architectural Barriers (10) Low S 5100.000 Privately Owned Utilities (II) Low 0 SO PUBLIC SERVICE NEEDS Overall High 11,500 $3,500,000 Public Services (General (OS)) High S,OOO SSOO,OOO Handicapped Services (OSB) Low 0 50 Legal Services (OSC) Low 0 50 Transpol1alion Services (OSE) High 1,000 S 1.000,000 Substance Abuse Services (OSF) Low 0 50 Emplovment Training (OSH) High SOO 51.000,000 Health Services (05M) High 5.000 SI.OOO,OOO Mental Health Services (OSO) Low 0 50 Screening for Lead-Based Paint/Lead Hazard (OSP) Low 0 50 ANTI-CRIME PROGRAMS Overall Low 1 $ 10,000 Clime Awareness (OSI) Low I 510,000 YOUTH PROGRAMS Overall Med 10,509 $12,000,000 Youth Centers (03D) Med 2 SI.OOO,OOO Child Care Centers (03M) Med S 52.500,000 Abused and Neglected Children Facilities (03Q) Med 2 51,000,000 Youth Services (05D) Med 5.000 52,000,000 Child Care Services (OSL) Med 5,000 5S.000,000 Abused and Neglected Children (OSN) Med SOO 5S00,000 SENIOR PROGRAMS Overall Low 0 $0 Senior Centers (03A) Low 0 $0 Senior Services (05A) Low 0 SO Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida · - 48 lJ ECONOMIC DEVELOPMENT Overall High 13 $13,500,000 Rehab; Publicly or Privately-Owned Commercialllndusttial (14E) High I $100,000 CI land Acquisition/Disposition (17 A) low ° $0 Cllnfrastructure Development (178) High I $1,000,000 CI Building Acquisition, Construction (17C) High 3 $11,500,000 Other Commercial/industriallmprovements (17D) High 2 $500,000 ED Direct Financial Assistance For-Profit (18A) High 2 $200,000 ED Technical Assistance (18B) High 2 $100,000 Micro-Enterprise Assistance (18C) High 2 $100,000 PLANNING & ADMINISTRA nON Overall High ° $0 TOTAL ESTIMATED DOLLARS $47,800,000 NEEDED Consolidated Plan One-Year Action Plan FY 2005-2006 Collier Coun~y, Florida ACTIVITIES TO BE UNDERTAKEN The following is the "U se of Funds" and priorities for the 2005-2006 program year: CDBG (Community Development Block Grant): Economic Development/job creation (competitive application) Affordable Housing Development (competitive application) River Park improvements and ELLMS program (City of Naples agrmt) Senior Center Addition- East Naples (final of 3 yr agreement) Neighborhood Revitalization Strategy Single Family Rehabilitation (SFR) Collier Co Human Services Dept (health care) Collier Co Hunger & Homeless Coalition HMIS/INCCC Housing Delivery Services Planning Activities Program Administration and Fair Housing TOTAL CDBG 2005-2006 HOME & ADDI: Affordable Housing Development (competitive application) Tenant Based Rental Assistance (TBRA) (competitive application) CHDO set-aside (competitive application) CHDO Capacity Building (competitive application) Single Family Rehabilitation (SFR) American Dream Downpayment Initiative (ADDl) Program Planning and Administration TOTAL HOME & ADDI 2005-2006 ESG (Emergency Shelter Grant): Emergency Shelter Operating -S1. Matthew's House TOTAL ESG TOT AL FUNDS ALL HUD PROGRAMS 2005-2006 . -48D $560,000 $525,000 $187,000 $255,000 $250,000 $100,000 $85,000 $50,000 $33,131 $65,000 $527,532 $2,637,663 $135,000 $200,000 $115,000 $40,000 $195,998 $28,800 $76,222 $791,020 $96,119 $96.119 $3,524,802 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida ~ -80 The following narratives and tables describe the activities that will be undertaken during 2005- 2006 by the County and its subrecipients to address priorities identified in the 5- Year Consolidated Plan. Activities undertaken by Collier County Financial Administration and Housing, its subrecipients and sponsors may incur project delivery cost in accordance with HUD regulations. . AFFORDABLE HOUSING PROGRAMS CDBG, HOME and State SHIP resources provide Collier County with the means to assist low income residents with the purchase of housing and the rehabilitation of substandard housing for homeowners with incomes of 80% or less than the county median income. The Financial Administration and Housing Department uses SHIP and HOME funds to match applicable federal dollars for its general housing rehabilitation program and homeownership programs. All of Collier County's affordable housing programs are based on a first-come, first-served basis, with preference given to residents of targeted neighborhoods, the elderly and disabled residents and those with emergency/life-threatening situations. All affordable housing programs conform to specific CDBG, HOME and SHIP regulations. CDBG funds are also spent on infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for affordable housing developments. Land Acquisition CDBG funds will be used by the County as leverage to assist in the development of affordable housing. This use of COBG funds meets the number one priority of the County 5- Year Consolidated Plan to support the provision of affordable housing for its low-income (below 50% of MFI) working poor residents. CDBG funds will be used to purchase land in targeted neighborhoods. The County will work with nonprofit affordable housing developers, CHDOs, and CBDOs to rehabilitate and/or construct new affordable housing. Housing Rehabilitation Assistance CDBG, HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 30 low-income homeowners with the rehabilitation of their home. The average amount of rehabilitation assistance is $15,000 per residence. Assistance of this program is secured by a ten-year, amortizing, forgivable deferred mortgage. As long as the original owner continues to occupy the rehabilitated units for the full term of the forgivable deferred mortgage, no interest shall accrue and no monthly payments are required. If sale, refinancing or transfer of title occurs during the mortgage period, the amortized amount of assistance is due without interest. Homes receiving rehab assistance through the HOME program will be subject to the recapture provisions. Down Payment Assistance ADDI and SHIP funds will be used for affordable housing by assisting approximately 20 low and moderate-income first-time homebuyer families with downpayment/closing cost assistance. The maximum ADDI assistance is a grant of $10,000, or six percent of the purchase price of the home, whichever is greater. The Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida -.-- ·" - 44- 8D . maximum price of a new home cannot exceed $254,250 (SHIP cap). A 5-year, amortizing, and forgivable deferred mortgage secure this program. Neither interest nor payments are made as long as the property is homesteaded and used as the original purchaser's primary residence. If a sale, refinancing, or transfer of title occurs; or the property is not used as the homebuyer's pennanent residence during the County's five-year mortgage tenn, the mortgage becomes immediately due and payable. Tenant Based Rental Assistance (TBRA) HOME funds wi)) be used to partner with the Co]]ier County Housing Authority (CCHA) and other eligible agencies to provide TBRA to assist renters with costs associated with their housing. This assistance can provide funds to make up the gap between 30% of the qualified household's monthly income and local rental rates. TBRA can also be used to assist tenants with other housing costs including security and utility deposits. As indicated in Section 3 (Overall Priorities) the housing cost throughout Collier County are among the highest in the State of Florida and throughout the southeastern United State. With the escalating Fair Market rents in Collier County, TBRA wi)) help address the cost-burden and increasing needs of very low and low-income renters. Community Housing Development Organization (CHDO) HOME funds wi]] be used to support the affordable housing activities of CHDOs serving Collier County. The County, as a participating jurisdiction (P J), must invest or set aside at least] 5 percent (15%) of its total HOME allocation to projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDOs), and which result in the development of homeowners hip or rental units. Additionally, the County may allocate up to five percent (5%) of its total allocation as CHDO operating funds, and may provide these funds to CHDOs to help them pay operating costs and build their capacity to develop successful affordable housing projects and programs. +ECONOMIC DIVERSIFICATION Another way of assisting low-income people move toward self-sufficiency is through better paying job opportunities. Supporting economic development is the County's second highest priority in the current 5-year Consolidated Plan (2001-2006). Additional emphasis has been placed on Economic Development during this final year of the 5- Year Consolidated Plan in order to reach goals outlined in 2001. Economic Development - Job Creation CDBG funds wi)) be used to create 25 new full time equivalent (FTE) jobs in lmmokalee and other areas of unincorporated Co]]ier County. Job creation will occur in partnership with the Economic Development Council of Collier County, Empowennent Alliance of Southwest Florida, Harvest for Humanity and other organizations providing job training and job creation to low and moderate-income residents of the county. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier CounŽY, Florida .. -48D . PUBLIC FACILITIES IMPROVEMENTS FOR LOW-INCOME AREAS Collier County supports the development and implementation of public facilities and improvements for low-income households in targeted neighborhoods, NRSAs or other designated locations. Public facility improvements should be done in conjunction with other community resources. Addition of Senior Citizen Activity Center - Year III CDBG funds will be used by the Collier County Department of Parks and Recreation in conjunction with the Collier County Department of Human Services for a pennanent home for the Senior Connections program at East Naples Community Park. The proposed activity is the design and construction of a 2,400- square-foot wing addition to the existing Community Center facility resulting in a pennanent Senior Center. This expanded facility will enable Senior Connections of SW FL, a nonprofit corporation, to double the number of seniors currently served through its on-site lunch program. This expanded facility will allow Senior Connections to expand its current services to the low-income elderly residents from the surrounding neighborhoods, as well as introduce new programs, including transportation, to allow the recruitment of additional participants in the program. This is the third and final year of funding for this construction project. Copeland/Lee Cypress The rural area known as Copeland/Lee Cypress is located off of CR29 between 1-75 and US41, surrounded on three sides by the Fakahatchee Strand Preserve. Originally developed as housing to support the timber industry in the early 1900's, the community has remained relatively stable. Through the use of a HUD approved Income Survey instrument, the community of Copeland/Lee Cypress has been detennined to be a low-income area, therefore qualifying it for the expenditure of COBG dollars. Through the recent Income Survey process, seventy-four (74) out of seventy-six (76) households were surveyed. Seventy households (70) were below low and moderate income and four (4) households were above low and moderate- income levels. In the coming year, County staff will develop and coordinate a Neighborhood Revitalization Strategy Area (NRSA) designation for the Copeland/Lee Cypress community with the assistance of the Copeland Civic Association and other partners. In addition, the County will create a part-time position for a Copeland Community Liaison to assist in the coordination of a wide variety of community issues. The primary focus of capital improvements in Copeland/Lee Cypress will be housing and public infrastructure. This neighborhood revitalization may include the following activities: Water Line Repair/Burial The community currently receives its water service from the Lee Cypress Water Co-Op, a privately owned utility cooperative. Per the HUD Code of Federal Regulations at CFR 8 570.201 (1) CDBG funds may be used to acquire, construct, reconstruct, rehabilitate, or install the distribution lines and facilities of privately owned utilities, including the placing underground of new or existing distribution facilities and lines. County staff is coordinating with other state and federal Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · -ßfJ agencies to comply with requirements to bury the utility lines. In addition, coordinating with Everglades City to connect the residents of Copeland Everglades City's utilities. staff is to Land Acquisition Federal funds will be used to purchase land that will be made available for the development of a community facility and the development of new housing stock to replace substandard trailers and other dwelling units in this low-income neighborhood. Land for a community center will provide the opportunity for the residents to have a location to receive government services, mail, meeting and recreational space and other services as determined by the neighborhood. Demolition and Clearance CDBG funds will be used to demolish and remove unsafe structures in the Copeland/Lee Cypress community. Clearance, demolition, and removal of unsafe structures will assist the overall community in its efforts to improve and rehabilitate existing housing stock as well as encourage the development of new housing. + PUBLIC SERVICES Collier County does not contribute general revenue funds to private nonprofits and social service agencies beyond what is mandated by statute. CDBG funds, while limited to 15% of the CDBG allocation, are necessary to provide social services to very low and low-income residents. Collier County Human Services Department Collier County's Human Services Department has partnered with local organizations including We Care, lnc to address the need for specialized health care services for low income and disabled residents. The Human Services Department will hire a Patient Coordinator to assist low-income, qualified clients requiring specialized treatment to be partnered with a local physician providing that specialty service. CDBG funds will be available to assist the newly created We Care with operating this partnership program. +ESG The objectives of the Emergency Shelter Grant program are to increase the number and quality of emergency shelters and transitional housing facilities for homeless individuals and families, to operate these facilities and provide essential social services, and to help prevent homelessness. There are currently three (3) shelters in Collier County that qualify for this grant: Immokalee Friendship House, St. Matthew's House and the Shelter for Abused Women & Children. Emergency Shelter Operations This is the second year of ESG funding. The initial year's allocation was provided to Immokalee Friendship House. The second year (FY 05-06) is earmarked for emergency shelter operations for homeless individuals and families St. Matthew's House. The third year's allocation (FY 06-07) will be designated for the Shelter for Abused Women and Children of Collier County. Consolidated Plan One- Year Action Plan FY 2005-2006 Collier County. Florida ..... It, 00' . PARTICIPATING JURISDICTIONS In 2003, CoJlier County entered into participating parties' agreement with the cities of Naples and Marco Island to qualify for entitlement status to receive the CDBG funding directly from HUD. Prior to early 2000, the City of Naples was the only direct entitlement community in the county. City of Naples CDBG funds and City resources will be used to fund a public improvement project and provide a public service component in partnership with Fun Time Child Development Center. The public facility improvements will include alley, lighting and landscaping improvements. The public service component will include Early Learning Literacy Model (ELLM) and childcare. City of Marco Island CDBG funds, and City's funds, will be used for reconstruction and expansion of an existing deficient storm water drainage facility in the low-income area. However, the City of Marco Island has elected to defer their annual allocation of $89,000 until sufficient funds are available to complete this storm water project. Marco notified the County on March 12, 2004 that they were electing to defer their allocation in order to combine their entitlement with the city's funds for reconstruction and expansion of an existing deficient storm water drainage facility in a low-income area. This project will require reserving $178,000 in CDBG funding for Marco Island to use at a later time for the completion of this storm water drainage activity. Fair Housing Collier County completed its first Analysis of Impediments (AI) in 2001. An updated Al will be undertaken in 2005-2006 in conjunction with a new Five-Year Consolidated Plan. County staff continues their efforts, and those of their subrecipients, to participate in activities that affirmatively further fair housing. CDBG funds will continue to be used to provide information and educate the public about their rights under Fair Housing regulations. The County will sponsor, as well as participate in, Fair Housing seminars, workshops, speaking engagement and other venues. The County staff will partner with local civic organizations, churches and other interested parties to promote fair housing. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida ,.1 r' aD . HUD PROPOSED PROJECT TABLES Consolidated Plan One-Year Actžon Plan FY 2005-2006 CoWer Coun~y, Floržda · 8D IJ1 000000 0 00 ..,¡ g. <;A <;A <;A <;A <;A 0 <;A <;A ~ O. 0', r- r- ~ <:::t C') ~ M ~ ;;;;¡ ..... ..... ;a 0 <;A .S <;A ~ '" ~ ;::I rJ'J. ;::I 0 .S ¡.¡.. í-' ::r: -0 .... Z < -0 ~ .8 - ....¡ ;::I .... Q 0 w.¡~ <IJ < ¡.¡.. O~ z C:¡o::E~ ~< f-< .... c:¡õ:j ''l) .8 ;;;;¡ 0(/)00 'f) ::r: 0 .... Oõ ¡;,¡. uw.¡::r:::r: <~ f-< ~ Uf-< .... = Q, e c.. o - Q, .. Q, o = = ~ ~ -e~ ;J"C Q, ~~ OJ)"C =:.:: .~ 0 = '" o = ::: 0 ~U oQ ....Q., 5u e .... - ~ c.. Q, o rJ'J. ~ '" .... u Q, ...... o - Q., "C Q, '" o c.. o - Q., ~ o OJ) = .- .... '" :3 -- ..,¡ '" ...¡.... ¡... = - Q, ~ e --.= ..,¡ '" Q .- oë.. U e ~ 0 ;! ~ ~~ ~ § .- O~ ;;¡ .;,: :=U -- ... ¡... æ = o 0 ;!-.:: Q.,.S< -- - ¡¡¡ u ...¡ '" ¡... Q, -0 E--- ¡... ~ U .- ;,;¡.... .., ã:: 0·..... ~.Q Q.,O -- Q - ¡"'Q u_ ..,¡- .., ~ o ~ ~ 0 Q.,";¡ '" E <IJ ~ ¡j > o .... 0- S - ~ u ro ¡.¡.. "" 'i) 00 ----. ----. .....0 OM r=:::D 00 ~ õ:j .... ~ ¡j o '--' <IJ õ.. o :1,J ~ o o o ~ .. 0 <IJ ._ ~ v Oõ.. t: S is 0 (/JU ~ 2- .~ ::õ ;::I ~ M o o N o r- 'r) '" <IJ õ.. o::t Z '" -:::~ r- ¡-"'I ~ -6..j'§] '"'0 c10..d <IJ .... 0 ~ ~ f-<..<:::.:: <IJ 'f) 6-0 ..0 51 ..0 ~ = ~.J:: o::t ._ <IJ ~ >, ::: ~ U'V ~ --.-'Q- "'--0 >,'" 1.1 ~ 0 _ <IJ ~ '; 0 't:: ~ ðt:;-€2-¿:¡ '" v 0 .;: ~ ~ 8 ::ê ~.- >, ~ .~ v::;:¡ .::: ° v S ::: U .... ~ 0 -0 ê"~ ~~ ..... ..... - - 0 (;j .- 0: "õ' ::: 'Ii '" ~ ~ g ~ t:; -g .g .> ..... 3 1.1 <zo.¿;::~g§ r"" '"$a ~.- b > \.".¡/ - v...c: 'fJ .:;¡ c:¡ <3 c; .~ ~ .... Ooro.J::'ES" U - U :::._._ -. i/J o :;: .... o -. > ~-r. ~ ~:r:: 1)£ 8 .- ° ::: ::r: ~ <IJ 0 -5--6 '- o ~ Û I '" E <IJ S iU > o .... 0. ..§ ~ '" ~ .... <IJ > ö2 o 0 zz :u .... 3 u ;::I .... ~ '" ,.... -= - o I V) o o U 0.0. 1)1) ::r:::r: (¡j ~ o '0 ~ ~ ~I I lr) ~ ~ ~ ;:..... k. ::: ~~ .¡:: ~ a '':;: ~ \..) ~6 :... ::: ~ ;::: ~ð :::... ::: ¡:;¡ 0:::-: ::: r~ J2v Q.., ~ :::... ..... ~ '- -- a "J ::: ð ro v .< -g ; ::E e ~ f-< j E ~ I ~ ~ ,... :u =êu X ~ ~....¡ ð 0 iU ¡.¡.. ~o~", Nõ:j~~ 6u:g§- ~j<Z Ë .. Q) '" >-. . - --- .::: 0. ~ :8'~ .g '- ...,¡ ~ ~-g ð w.¡(/)....¡ o lr) ..... = QJ e c.. o - QJ ~ QJ Q !J = = ~ ~ ~ '-' -es::e ~"'OQ.. ~~~ 0lI "'0 ~ = .. c.. .~ Õ 0 ::s [ OJ _ o = Q.. =0... ...UO o Q 0lI :: ~.5 QJ U ~ e :3 ..... - ~ c.. QJ Q ~ ~ rrJ ~ u ~ ;;.J o rJ'1 [J Z .... Q Z ;;.J ~ -- ~ [ OJ ...¡.... ¡.. = E ë ~-;; Q .. 0- u c.. ~ § ~ ~ ¡..~ <-- ~ § .... Q~ ;J .-:= :=u -- ... ¡.. ~ = o 0 ~ ..= ~.S- ~ t¡ ...¡ [ OJ ¡.. QJ ....Q E-o'a;¡ ¡.. ~ u .. ~ .... ~ ~ 0'-, ~.Q ~o -- Q - ¡"Q u_ ~- ~ ~ o ~ ~ 0 ~...;¡ g~~~~~g o o. Ó ~ ~ ö/} €A .S en ;:j o ::r:: "2 :;;2 .~ -< f-< ~::r::o -<a..f-< -< o [.LJ~ ¡:Qo:::Ea.. OrrJoo UW-I::r::::r:: >-. u oj ..... ~ en JÆ 's .oj ~ 1) ..... ~ ..::: u o <") 6' ..... = ·13 ~ ,.<:: u If) o v --- o N o r-- If) '" 1) õ.. oj z 1) 8 o u = := >. '7 "'0 .~_ u ~ 0 _ ..... '" 0 0 ä-5~---e ;:j 0'<:::"::: 0 .~ ~'~:ê §-gö/}~:JJ) u ~ .5 ü "iiJ .S -ã E .~ = ;';'C ~ 2 ..::-:: 1)o1)c..~ E¡:¡:;-"c::a.. 1) b 0 ..... u"::: '-' '''::: t1J E§U3~~ 1)Z1)'" .............:::=1) §.o~g.s ..9 è [j v .S ~.~ a "'0 'l'; 1) ..... 1) oj .:-:!::!_ o !: - '" "0'2 å";:: 8 =-= ::J .- ::;E <ß Õ::i:-::-J"O 1)U~;-"; ..... .W-I == 0 en --- c:: ¡':::1.I..\:)v~ ,.<::=="0"0 3-t::o:-= I.I..'~ ~:::E-5 4-0 o è Û I E 1) ~ õ. o V > 1) o :9 :.a U 1) 8 ¡.: == ;:j 1.1.. N o .;.., o o U 00 €A €A Cl) = :a c:: Cl) ~ .S -g .9 ;j ..... 1.1.. 0 a.. ç;¡:Që; 'I::: 0 Õ a..Uf-; If) 'J:) 00 -~ ---- - 0 '2"'-' r--::O 00 it.i e¡; o = .. 0 1) ,_ ~ ãJ 0õ.. t:: 8 oj 0 Viu o 0 ZZ ..... o ~. > ~':n - ¡c::r:: -,.<:: 1) .... c:: .- Õ ~ ::r:: ~ 1) 0 oS': c..c.. ~ãj ::r::::r:: 'f) ª '[) (],)~ c::- ._ 0 ¡-. 0 c::-B ;j '" 1.1.. 1) ~.ì5 a 1) 0 ~o.~ 1) oj c:: .... Z'- ;:;,~ ~ :.::: 0 0 U >-.:: "'O.~ 1.) ~u.s .- I 0 .5 _ -0 -J ¡:¡ ; hê; x~e ~o¡-. 000", ~ë;~ o u c:: ~..5ð ~. VJ ° :< E .. 1) '" >-. . - --- .... c.. c:: ]'~ .g .- s... C':3 If-g g W-IVJ-J . 80 'C ç:, ç:, f".¡ I lr) ç:, ç:, (',,1 ~ k. :::: ~~ :::: :.:: Ç)~ ',::: k. (,) ~6 :... :::: ::í ::::¡ ,"-J .Ç) "";'~ "-J :... :::: "-J a~ :::: r~ .s~ 0... ~ "-J ......~ '- -- a ~ .... .a ~ - If) ... = ~ e Q. o - ~ > ~ o = = ~ ~ -es:: ;;;¡"t: ~ ~~ ~"t: =:: .;;; 0 = '" o = =: 0 ~u 00 "'Q.. ä:!u e ... ¡., ~ Q. ~ o ~ ;;;¡ ['J ~ ~ ;;;¡ o IJ:J C"j z Q z ;;;¡ ~ 00 GA GA 0000000 OGAGAGAGAGAO o 0 or) .n N N '" 01) V) GA ¡:: fA .~ ;: o :I: "'0 ~ c/) .~ c/) <r: <r: û r.l.I:::: C:¡Û:::Ec... 01:/)00 Ur.l.I::I::::= --- ~ '" ~ ... » = f-o ~ t:: - v ¡... e 0. --- -= 2 ~ Q '" c... .... 0 - "õ3 U Q. v e ¡:x:: ~ 0 '+-< ZJ Q;! ~ 0 '¡:1 ~ ¡:: f-o < .g ~ < -= .-. OJ) ~ .~ o:s .8 '3 '-" '" 0 'lJ ... .... cr' 0 ;: ~ 0 ... u 0 ~ N ~ ;;;¡ <r: :I: ....., ... 0 .... 0 =: u r-- N ¡., 0 '" -< Q.. "t: ~ '" 0 Q. 0 ¡., Q.. ~ 0 ~ = .... ... '" .... ....;¡ --- >- v f-o :!5 Q;! '" = "'2 0 0 ,s Q;! .... ... '+-< Q.. Q. <r: ~ .... ... ¡:: --- ¡., ..8 v ~ ~ a ~ '" ¡:: 0. f-o ~ .9 ..9 -0 ¡...--- .~ ~ f-o ~ .- v ¡:: :; 0 0 u .... 0" ._ ~ ~ u ~..... <r: ¡:: .;¡; .., ~ "'C) .~ '3 0·...., c::::~ '"' :; cr' - 0 u Q..O j::=<r: --- 0 - f-o 0 U r") - 9 ~ - a ~ '" ~ 0 c:::: 0 0 Q.."";¡ U OJ) ¡:: :ö ¡:: gf ~ ~ $-¡ ¡:: .9 :; ..... µ"ûc... ç;c:¡"õ3 '¡:: 0 Õ c...Uf-< ~ <r:f-o ::=0 c...f-o V) '-0 2'2 -< 0 Or") r::=:\ô 00 v ê;j o ¡:: i..i .9 ;j i) 0ã. t:: S '" 0 c/íu Œ: 2 0. ..... <2 ..... o I:: '0 - o ¡:: '/Í 5.. :a OJ) ·r.C;J a.J Q V 0 v ..d 0 .;¡; u ¡:: ..... 0 ~ ~ :; o U '+-<::: 0 5.~vC:¡ 0 ",..d ",..dO »c:; v § ~ ~ U ·E :ë ',= > '- ~ 0] ~ f1 ~ 'lj 0 .¡:: ~ "'2 :.::: o'~ ~ ~"'Or~?~ o..-"f;::S1.ì:.:::r¡::- 0."'0 '" ./) ::: 0 '" - ,~ 1) 0 ,_ 0 'fJ 4-. ~ v'lJ~..d"':::o:g >:; '/)f-ovO ,/) .;:: v v . -Q U § ~ ._..0 ~ ':úJ = L..¡ '- t1) ~ = ::s t:: ::s ~.~ d 0..'- 0'- Q OJ > ~ S~~~v;¡-28 8~o"'.8.s ~ 0..5 C:'l'J -U:;:VI "'..2t~:e'lJ.s~ ~ 0.. ~ S '» t:: .2 ;: g.2"'O'lJ';::O'lJ o ... V "'"'0 3 0..';:: ..20 >ë.8::: 0 0....... f-oU~~..2u~<2 o 0 zz ..... o ~2: r¡:I: -..d v _ S .- o ~ :I: ~ v 0 -5i: 0.. 0.. VV :I::I: ::: .:a ~ .~ ã. ê' v :E v 0.. gfS ,_ 0 'l) u :; ..d o OJ) ::= :; "'0 0 o ~ :;E-= ~ v ~ .5 3 ê I ~ ;;;~ xu~ ~ ~.- :;£0 ~ 00 ~ Ntr)C . .:; 000 ~~U ~. ifJ o ~ =.-. .. V 'lJ >-. . - ---- .:: c. c: - '- 0 :.ë ~'': '- ¡.... ~ ~..g g r.l.IifJ""'¡ . ... ~ 8D '0 ç:) ç:) f"..t , Ir) ç:) ç:) f"..1 >... It.. s::: ~.g s::: .¡:: a a .~ 'G:: \.) ~ ~. :.... s::: \::$ ;::: ~ a ,\.) :).¡ s::: ~ a~ s::: r~ ~'-' 0... '"\:! ~ .... .g .:.:::: ::) '-'J s::: ð " 80 800000 0 00 0 (A (A IJJ 0, (A (A (A (A (A 0 ~ 0 ~ 0 .o.D OJ) N o.D or. or. d tr) ;;;;¡ (A OJ) (A ] d 0 .~ OJ) ;::I rJ:J. ;::I .S u.. e,:, 0 ... ::r: "0 .9 z <r:-o § - ~ ... Q o L.I.<~~ u.. O~ Z o::¡ 0 ::E ~ .- <r: ¡...... ç;o::¡<; ;;;;¡ OIJJOO~ ::r: 0 .- 0 õ ~ UL.I.<::r:::r:<r: ~ ¡...... o':;u¡...... - = ~ e c. o - ~ .. ~ Q = = ~ ~ -es: ;;;J~ ~~ OJ)~ = .... .r;j Q = '" o = ::= 0 I<-<U oQ -Q.¡ 5u e - 1.0 ~ C. ~ Q ~ ~ '" - Cj ~ ...., o 1.0 Q.¡ ~ ~ '" o C. o 1.0 Q.¡ I<-< o OJ) = .... - '" ::¡ -- ~ '" ...;¡- Í""' = ~ ë --.= ~ '" Q:.= o c. U e ~ 0 ë2 e ~~ ~ § Q .~ ~ .':: ::=U -- .... Í""' ë2 = o 0 ë2 .= Q.¡.So -- 1.0 ~ Cj ...;¡ '" Í""' ~ ~e Í""' ~ U .... ~ - ..., ã:: 0·..., c::::.Q Q.¡O -- Q .... Í""'Q u_ ~- ..., ~ o Cj ~ 0 Q.¡.J OJ) d '= .~ ... f-; t:: v 8 >, o ]- L.I.< ::r: or. o d .9 ~ v ... U .D o ~ t:: v ::: õ.. o ~ > v o u 'ã :::: õ u L.I.< .". o I or. o o U or. o.D ee .....0 0(") r:::~ 00 n o N o t"- or. ~ <; ... v d v bJ) -- V '0. o v ~ or. ('I 1) ~ o d OJ .9 ";j ã:) 0'0. t:: a <':S 0 c/íu t:: 13 0.. o V > v o u '= Õ = o u L.I.< -ov è § ~ . '§ ~~ èï:: -0=0.. .S 8 g ~ ~ E1U~ ~ = ~ .:!J o o:.:::...d .~ 'ZJ""5 "'0 ~ E u § .- c.J u 6~"E~d tt;n~1)..;3 o~S-5~ :; E1 2-0 .~ "E Q.J Q ......... ~()~:::~ ;::I.S·_ ~._ 1)1==0 .D;::;::I0..CJ:J ::::: ..9 'õ..9 § ;:: ... CJ:J ~ U ':Jj ~ £3 (1) I-t -od;;O~ §.9 ....S:! >-< ~~~8' v~-::;:oor. o::¡ u 0 d ~ O..D-oo-::;: U .~ 1ä ¡.ij .S o 0 zz .... o . > CJ:J ...... CJ:J::r: ~ .- v-::;: E1 .- o ;:: ::r: ~ v 0 ..d ..d ..... ..... 0..0.. VQJ ::r:::r: d .2 'c;j .S:! '0. ê' v v > v - '- 1.) ~ ·E ëa d v..:.:: .~ ¡:¡.. 0 - d ê U 0 -0 (j v .-- .....- '"' .- OJ) - a ~ ';: .- 0._ .....J.a~ "O......,¡:: o v 0.. :¿.5 S 1: ::: v o 5 -s .....J v .~ 1-0 ---u~ ""'" ---- '- 00 0 ;:: ooè l""'!<r:§ ¡2¡20 or.or.U '0 c::, c::, ~ I lr) c::, c::, ~I :;:..... k. ;S ~.g :;:: .¡:: a~ ',::: k; u ~b !... - I:j ~ ~ a ~u ~ :.... 6l: -.. ]6 0... '"1;: ~ ...... ~ .~ -.. a "J :;:: 6 ~. if¡ o :;: t:: .. v '1) '" . - ---- ."::: 0... = ]'~ .g '- 10-. ~ ~.g g L.I.<IJJ.....J ('<') Vì .... = QJ e c. o - QJ .. QJ Q = = ~ ~ .Q- -Q.; ;J"'O ~~ ~"'O =:.: 'r;; 0 ::::I '" o = :c 0 '-u OQ ....Q.; Eu e .... - ~ C. QJ Q ~ ;J ~ ~ ~ 800000 0 o. <:A <:A <:A <:A <:A 0 ;;¡ o. 0 V) V) V) V) r/:J N N í;) <:A <:A Z :>!) - Q .S Z "/J :>!) ;:j ;;¡ 0 .S ~ ::r: "c:I ¡:: <:r: "c:I .....¡ ;:j o ~~¥ <:r: t.L., IJ:i 0::;2 o....:¡; ~ f- ... 0 O~OO-i ::r: 0 .¡:: u~:r::r:~ 0... f- 0... -- ~ '" .¡ .... E-< = - QJ E-o e -- -= ~ Q '" .... 0 - c. ....... u e ,'"' :; ... ... ~ 0 B I!) - ~ .... ¡:: :=:: ~ v I!) 0 ¡... < U '--' < ê¡ ... ....... I!) ~ .g ~ õ. 0 ¡:: 0 Q .... I!) 0 I!) .... VJ ~ ~ 0... ;J .':: ~ 0 0 =u r') r-- 0 0 'r> r') '" .... ~ QJ ...., o - Q.; "'0 QJ '" o c. o - Q.; '- o ~ = .... .... '" ::s -- ;.. E-< Q2 = o 0 Q2~ Q.;.::- ~ b .¡ '" E-< QJ -Q E-oQ;¡ E-< .. U .... ~ tþ a·~ :=::.Q Q.;O -- Q """ E-<Q U""" :..¡ ..,- o e :=:: 0 Q.;"';¡ ... I!) i:: I!) U .2:> '2 ;:j ¡:: a õ U "/J I!) Õ. (': z "/J ª 'ü '" t.L., .~ ::õ ;:j 0... ~ ,'"' (': ~ DO o I r') o o U V "/J E-5~ I!) ... 0. 8<2z .... t:: v ~ .9 2.. s ~ ~rj,)][..LJ v 0 ~ I!) b~~-5 v ~ ...... ....., 0:::.- (;j '" a<!~E~ 'l'; [/'J 1) ~ ...:.:: ¡:: c.:>!) ë;j ;; '" '" 2 ¡:: 0...8'-0. l¡:; "/J ;:j 0"/J "c:I .:>,::r: § §..:.i ~ E "'0 ';:: '':: ~ "'0 ~ :::: u u ~ '""* o"'ï:!~o...:.a ui::~a.2:>~ I!) ~ ¡:: 0 '2 ~ -=:¡::ou;:j-¡:¡ .- t::: ':J L-. ¡:: 'fJ ~ '" I!) 0 ;:j'- .:¡; c.. -5'2 c::.~ ~ 0 .S ~ 8 ~ o 80 00 00 00 .,¡"¡ .."...". r') r') <:A <:A :>!) ¡:: :.a ¡:: ;:j t.L., ... o .¡:: 00... ~3 o 0 u¡..... t) I!) 'õ' ... 0. ... '" I!) ~ r') '" V) '-0 '2 0 - ê3 0 r') r::: \õ 0 0 'C ~ ~ ~I I V Ir) õ5 .~ 0 ~ ~I ¡:: ~ I!) ,g It.; õ5 V 0 "§. :;:: 1:: ¡:: ~ ~ ~ 0 U '- VJ :;:: :... v C) C) Qj '- k: i:: .....¡ ..... <:.; ~ t.L., ~ is '" U v e :;:: "c:I Õ. ::: .~ '" ~ ð a z I ~ - :.::¡ :;:: ~ a '- "c:I - - 0 :;:: "~ ::;2 I!) ..S! v ~ ¡:: '" Cl.. 0 i:: .....¡ ~ -J I!) ¡:: ~ I ê 0 ....... '/; ..S! '/; N '" " '--' I!) 8 '- .......> - ~o 0 ~ ggo -=: "J ¡..... :;:: N - 0 .~ . '" 0 0 0 u 0 v r-- q V) zz or, r') ~ ... '" v :>, ~. r.r, o :;;: ... o ~2: "/J""" v- - .... v-::: 8 .- o ~ :r: ~ v 0 -5-= i:: .. V "/J >-. . - "-' .~ c.. c:: :£"E .g .- ..... ~ If-g g ~VJ-J 0.0. QjQj ::r::r: 1- lJ") - == :\J S C. o - :\J ~ :\J Q ~ == == ~ eo:! eo:!...... -eQ:e ~"'OQ.. ~~~ =.J) "'0 ~ ==:.= c. 'r;; 0 0 = '" - o == Q.. :tð.... .... 0 o Q =.J) - '" == == _.... :\JUt; S :;:j - - eo:! C. :\J Q ~ ~ ~ ¡,.¡ ~ ~ o rJ'1 [J z Q z ~ ~ -- ¡,.¡ '" ...¡ - E-< == ~ ë ~..c: Q .~ 0- u c. ~ § õ2 ~ ~~ :E § Q .~ :;;;¡ .'.:: =cu -- .... E-< õ2 == o 0 õ2 ';': Q...S- -- - ¡,.¡ ~ ...¡ '" E-< :\J ~e E-< ~ U .... ¡,.¡ ~ a .~ ::t:.Q Q..O -- Q ..... E-< Q u V) ..... 0 ¡,.¡ - I ..., eo:! V) 0 ~ 0 a: 0 0 Q.. ...;¡ U o 0000000 o (A (A (A (A o. . 0 o tr) tr) N ~ (A 00 00 00 r-:r-: t- t- "Too::!" (A (A OJ) = OJ) ~ .S = " ;::S = w...o;::S 5~': .- 0 ° d:: u ï::: ~ -; '5 f-< o w.<~ :;;! ~0::S~~f-< or:l100::r:o Uw.<::r:::r:~f-< '/) ~ 'u ~ w... .~ :õ ;::S ~ r") o >. OJ) v '§ Ví = .'~ '" .~ '" "'§ '" :-_'" ~ .~ ~ Q) ~uß ~ ~ 6 ° ..J ..... -E~o. o c:: ~ ..D~u ~~:.= .- 0...D ž8~ V) \0 00 --- --- - 0 Or") t=::: ':0 00 ~ u iU '" o = .. ° <1J ._ ~ OJ Oõ., t:: a ~ ° Víu o ('1 o t- V) v õ., ° v ~ o o = .9 ..§ .~ èd 5 ~ § ~ ~ :e 'I]] ~ @ t:;52~ ï::: =:9 So" g; ~ ~.5 = ;::s ..... >, ~ ,~ U <1.J .- c:: = = >:.=: 0 .: '- O'û';:: .~ ~ ~~ :~ ~ ~.5.~ & ~ .;!J >,:õ u .8~ ::sed " Õ -a 0." ~ .~ 'g ~ ã ~N~-=- :.=;;õ~ ]~~ = ';; ª ~:§ .~ ~ .9 .9 .~ ~ "'0 (!J Õ -= "0o.<1JU = ° .- _a ~ ~-E~o;:)11J 0.Q;~~§ ~ - 0. <1J ;::S ..... a .:9 ,? ~ U á3 u ~ 0 3: .5 U ° ° zz -. r:I1 o <: ..... ° -. > .~ æ v - - v"::: S .- ° ~ ::r: ~ <1J ° -6-5 0.0. (ij(ij ::r:::r: ~ u ..... ~ " ° ::s ~ .3 ¡:¡ ~~ ~ ~ ~ N ,-,000 ~o~::: t"J-aèd- o15f-<¡:"; ~..Juu E~ .. <1J '/) ~.- '"-" .-:;: Cot t:: ;.:: 'ü 0 ..D V '.0 .- '- ~ ~"§ 15 w.<r:I1..J . N o N ;;.. ¡:¡ ;::s o U N èd o ~ 8D \0 ~ ~ ~I I lr) ~ ~ ~I :;,.... k.. =:: ~.g 0... ._ =:: ~ .~ Eî: \J ~ :.... \::! ~ I '-' =:: a =:: ~ 0... '"1:::: ~ .g '- -... C "J =:: ð is s .ã v :.... '-' '- -... -... .c v If) If) ..... = QJ e Q., o - QJ > QJ Q = = :0: :0: ~- 1ooQ.¡ ;;¡"O QJ ~'; 01)"0 =:.: ';1 ~ = = o 0 :C:U ~Q .....Q.¡ ~u e ..... 1.0 :0: Q., QJ Q ~ ;;¡ (IJ ¡.,¡ ~ ~ o rJ'J. íJ Z .... ~ Z ~ ~ '" ..... ~ QJ ..... o 1.0 Q.¡ "0 QJ '" o Q., o 1.0 Q.¡ --. ¡.,¡ '" ...¡..... E-o = .... QJ E-o e ~-= ~ .~ 0- u 5" ~ 0 ;: ~ ~~ ~ § Q .~ ;;¡ .".:: :c:u - o 01) = .- ..... '" .- ..J --. ;;.. E-o ;: = o 0 ;: '.c Q.¡.e- ~ b ...¡ '" E-o QJ ¡::e E-o ~ U .- J;¡ 't a·~ ~~ Q.¡O --. Q - E-oQ u_ ¡.,¡- .., co= o ~ ~ 0 Q.¡..J 8000008 o€A€A€A€A€Ao Ó Ó o 0 - - fA .s EA 'J'J ::S o ::r: <r:"O .....¡ o 1,¡. ;3:~ ~ ~ 0 ~ ~ .;!J <r: E-o O(/JOO~::r:o UI,¡. ::r:::r:<r:~f-< ] E Q) :g 'l) Q) "' .... '2 :;¡ Q) õ'Ρ .S (/J .D oj ... v "' <r: .q- = .9 ~ E .a Q) "' O[ = .~ ::S o ::r: ..Q ·š oj u.. Q) õ'Ρ = Vi 'D o I V') o o U N o N o r--- V') ZJ '2 :;¡ O[ = ''l) ::I o ::r: r--- O[ .5 'l) ::S o ::r: 'l) "0 Õ ...c: Q) 'l) ::S ~.2 .::: u ~ S o ::> ...c: u >. .S :-::: Q) S ~ ~ t ~-g O[ ;:: ;:: ... .:¡; 9 8 ;:; <U 0 u- = >. S ~ 'J'J ;;- .~ ~ (':j.D ="0 o .~ ''::: 0.. oj ::I :: ~ .D ::> oj 'l) ~ .;:: "' :3 00 €A €A O[ = :.a O[ § .S u.. "0 .... § .g u..O~ ç;~"'; .... 0 Õ Ò::Uf-< V') 'D 00 ---- ---- -0 0(") (::::~ 00 Q) ~ o = .. ::> Q) .... ~ ! 0õ.. .... ... .... = is .::) crJU o ::> ZZ -. crJ o ~ .... ::> . > 'l) ...... ~::r: -...c: S .';:: o ;:; ::r: ~ Q) ::> -S~ 0.0.. QjiiJ ::r:::r: 81) O[ = .~ ::I ::> ::r: "0 ::> ~ ~ E ~ ~ u ~~:g '-' ::> ;:; ~OQ C'-!"';= o () ::S ~.38 '0 ç:) ç:) ~. I "ì ç:) ç:) ~I ::.... ~ ;;;: ~-§ ;;;: .¡:: .~ .,§ It: .~ ~6 :.... ;;;: ~ ::: "" a ~Ç.J "" ;;;: ~ O::::¡ ~ð Q.., ~ "" ... {j .... -.. a '" ;;;: ð .... =~ .. Q) 'l) ~.....,¡ --- .';:: 0.. = ]'~ .g ,- ~ ~ ~.g g I,¡. crJ..J 0000000 00 ~ OEAEAEAEAEAO EA EA ~ O. O. U tr) tr) \0 c=: 00 00 OJ) tr) EA OJ) EA .S ;;J .S "0 0 c: ." OJ) ;: rJ1 ;: ° c: .... C = :r3 .... Z ~"O ~ c: ° - ;: ï:: Ci o 1.!.1~~ ....OQ.. Z i:O 0 ::s Q.. ,~ ~ f-< 5i:O'E ;;J Oc:/JOO.,,=O ï:: 0 ° ~ UI.!.1==~Q..f-< Q..Uf-< .... = QJ e e. o - QJ ~ '" QJ .... o = ~ = oS .õ' ~ ~ - -f'O~ ;;J~~ ~.a~ 0.0:':: e. = 0 0 .... '" - '" = ~ = 0 ~ o U 0 :c 0 0.0 ~~= ~U~ ~ ::3 e .... - ~ e. QJ o rJ1 ;5 -- ~ '" ...;¡.... ¡.. ~ ~ e ---= ~ '" Ci .... 0- Ue. ~ § ;a ~ ~ ~, ~ § o .~ ;J .':: :cU -- >< ¡.. ;a = o 0 ;a ..:: ~.e- -- - ... (oJ ...;¡ '" ¡.. QJ -0 ¡"''QJ ¡.. ~ U .... ... ~ a·~ c=:.Q ~O -- o - ¡"O U_ ...- ..., ~ o (oJ c=: 0 ~...;¡ ." V u 'E v VJ -5 :a OJ = ::s If) o V "0 .~ >-. i:: ;: o U b ,2 ;; c: ~ o o u V .... "" U -5 :a v = r-- 9 tr) o o U If) '-.J;¡ ,:::>0 -23 0...... t=:::::D 00 ~ .-., 0;; .... v c: CJ o '-" CJ Õ. ° CJ Q.. o If) v ;; o c: CJ .2 ~ ã) 0õ. 1-' ,... ;; ã ,;)u o t""-j o r-- If) ." CJ u 'E v c:/J .~ ::ë ;: Q.. .... 00;; -= ~ u v :r3 ~:.a (l)~ t: ò a u ""0"O:r3 o..u CJ v Ö <;:::.~ s '/);:¡~-;; 1) ':= 'ü .~ .~ ~ ~ ~ è "" ." ." ~ OJ)J:j ~ c: .S ~ S ""o..CJo s.£~g ::s OJ S '- = t ~ ~ >-. "0 ° ° ..- c 0- § ._ u .~ ou=..dc: U c:.,... ... 0 .... ~ >-..,... .CJ_~ ~ 0 ...0 ~ 1-......."'0- = "";:;: CJ ;: ou~"Oo.. UvC:&:8.. <;;; ~.2 c: ." .~ ~ .~ 1) 1=! 'f)......, ~ 'JJ ~§8..i3~ ':f; 'l'; v CJ >->- .... ° ~. > .':11 ¡"",.,¡ ~= ~-s s ,,... ° ~ = ~ CJ 0 -5-5 0..0.. "i)õ:) == v ~ i:: .~ u GO' "O~ .~ ,~ .5 ~ -i v "0 ~ .g .~ E 0.. ~~ ° ~ ....¡ ¡:: I v .-.,~ ~t:: v ~~:'9 00 0 ~ oOJ)è t""-jëa§ o g 0 ~-iU ~. VJ o ~ i:: .. (j) 'Zi ~.- --- ... 0.. ¡:: :5 '2·g '..... ~ ~ ~.g g 1.!.1c:/J-i o 80 \C ç:::, ç:::, ~ I lr) ç:::, ç:::, ~ ::.... It.. ::: ~-f4 't ~ a .~ ë:t: <:..J ~ :... ~ ~ I ~ 6 ::: .s Cl., "'::::$ ~ -f4 '- - a '-) ::: ð 6 ::: :::: ð :... (:¡,) '- - - ð r-- If) .... = Q, e Q., ° - Q, .. Q, Q :; = = ~ ~ ~ ..... -f6:8 ~"'OQ.. ~~ Q, "'O ......, ~ Q, =1)"'0 ~ =:.:: Q., .:;; ° 0 = ~ - o = Q.. ;::0:..., :...,Uo ° Q OJ) = ~.5 Q, U -;; e ::s .... - ~ Q., Q, Q ~ ~ ~ ¡.¡ ~ :;;¡ o IJ1 ~ Z - Q Z ¡;;¡ ~ ........ ¡.¡ ~ ...;¡ .... E-o = Q, ~ e ..........: ¡.¡ ~ Q .. Oõ. U e ~ ° C2 ~ ~~ ~ § Q .~ ~ .".:: =r::u ........ .... E-o C2 = o 0 C2-.:: Q...2- ........ - ¡.¡ c:.J ...;¡ ~ E-o Q, -Q E-Q;¡ E-o .. U .. ¡.¡~ ..., Q, 0·.... c:I:.Q Q..O ........ Q - E-oQ u_ ¡.¡- ..., ~ o c:.J c:I: 0 Q..~ 0000008 o óf)óf)óf)""'''''' 0 o . Ó ~ ;2 OJ) fA ¡:: .~ ;::I o ::I: <"0 ....J " w,¡::::~ < co " :E ~ .;!; < E-o O~OO~::I:O UW,¡::I:::I:<~¡...... <U U .~ <U [/] .~ :õ ;::I ~ V) o <U "0 .~ >-. Õ ;::I o U .L t:: ~ "fJ >-. "fJ [/] :@ :t '- o ¡:: o .~ ¡:: '" 0. X I.W 00 o I V) o o U û U U Z ...... ..>o:'-'<U::I t; Q-5 g. 8~¡::oo. ~i:5;~ ë; 'u Z U ~ ~ § t:: ¡:: ti·:; <U ._ ~ 0._ ... a ~ C'j .~ =§ ~ ;2 ~~:=~~~ "'._ t:: '- 0 81::<8o§..>o: a; ~ ~ Q'~ .~ ~ ë; ~ '2 ';; ~ "'.- ~ ::I 0 '" ~ g ~ a ~"'O .~ z .~ a a; ª "':::. ~ 0 (;j "fJ '-= '" U ¡:: "fJ ..g 0 .& <U ~ ~ 'S: tl.~...r:: ~ ~ o ¡:: t :: 5 t:: d: g 2.,su.2 ~ .--- ""§ <U ¡:: <U " '-' <U õ.. o <U ~ o o N o N o r-- V) '" <U u .~ <U [/] .~ :õ ::s 0... 00 fA "'" OJ) ¡;: :.a t:: OJ) ~ ,S "0 .... § ·ê I-r-."o... t;coë; .t:: 0 Õ ~UI-< V) '0.0 00 -~ ---- ......0 O~ [:::::0 00 !¡j (;j a t:: 1..; .9 ~ ~ a]. [;; § Viu "fJ ¡;: .8 ] 'lJ ":/J <U <U >->- ~. [/] o ~ .... o ~. > -ø Ë2 ~-s a .- o ~ ::I: ~ <U 0 -s..s 0. 0. ~(Ü ::I:::I: . 8D <U g .~ o "0 .~ ~ a u ~g "0 V) o . :Eg ____V) ~ <U o ~ ....J ~ I ï:: .---~ N .... I) x¡:J"O ~ '- '..... '-' 0. ~ ð: 'ü ~ N ~ ¡;: ~-gg V)[/]U 'C .~ .~ ~I I or¡ ~ ~ ~I >-. k. :¡;: -S! Q., :¡;: o '- .... '" "'<:; ::: ~ I ~ :..... :¡;: ~ a~ :¡;: 0 -S!\..) Q., '"'!:::$ 2 .g '- -. o "J :¡;: .0 V .g '¡:: o k: is :¡;: :::: o \..) ~ ¡::.--- .. <U "fJ ~.- --- ~ 0. t:: ]'~ .g '- ¡",.,. ~ If-g is w'¡[/]....J 00 Ir) - = Q.I = C. Q - Q.I ... Q.I Q ~ = = ~ ~ Q.I .Q .s .:;- I. ~ I. ;:,"O~ ~'::iI Q.I "0 ~ - Q.I OIJ~ ~ .5:.: c. ; ~ e Q = ~ ::c UQ '- '- Q Q Q OIJ - ~.5 5u-;; = ~ ..... I. ~ C. Q.I Q rJ1 ~ (-'J ¡.:¡ ~ ~ o rJ1 ~ z. Q z. ~ ~ -- ¡.:¡ '" ....¡- í-< = ¡:: ë --.c: ¡.:¡ '" ~:.: o c. u e ~ Q :a ~ í-<-( ~§ Q .~ ;:, .-:= ::cu >; í-< :a = o Q :a 'i: ~.!3- ~ I. ....¡ ~ í-< Q.I ¡::e í-< ~ U .... ¡.:¡- ..., ~ 0·.... ~.Q ~o -- Q .... í-< Q u 0- .... 0 ¡.:¡ - , ..., ~ or) 0 ~ 0 ~ Q 0 ~...;¡ U NOOOOON '""""""""""""'"" or) or) ¡-:" r-: N N or) öIJ or) "" c:: "" .~ ::S o ::t:: ~"'O o '-U~~ :;! ~ 0 :::E ~ .~ ~ f-< OÇ/)OO"'::t::O uw..¡::I:::t::~~f-< c:: .~ ~ ... ':;j .¡:¡ 's "'0 ~ ,... c:: c<:S ... öIJöIJ 8 .5 0... ~ õ3 0 ~::t:: ,... ... 8~~ ~Qo r-- 1'1 1'1 or) öIJ c:: .~ ::I o ::t:: ... .;¿¡ w.. '1) c:: ';;) ::I o ::I: ... .;¿¡ w.. o¿ c:: .~ ~ t: '" :~ -a ~ o¿ c:: .::2 :;; ... ':;j '2 '§ "'0 ~ a c<:S ... öIJ o ... 0... o ~...c Q ~ U ~ ~5 ._ 0 S àJ ~ ~ ~ .~ ;; ~ ßlJ·§ § ~ ~ ==.- õ3 o..~ ~ ::IO,+- g C::X¡O"'O ;;0 '" ( ) "'OuuöIJ ( ) ( ) [.s -g-s"'~ ::I '..... c<:S 0 '+-o::::::t:: .~ = ~ '"'" o "'.- >-.._ ( ) c<:S .;:: ê;j "'0 ~ .::: 1:: ~ ~ ü.~ ~.5 ~ .§ .;;; -g :E=:,a"ü f-< ~ f-o .s 00 "" "" öIJ .S "'0 c:: öIJ ::I ¡:: w.. :.a ... ¡:: .~ ::I ... w..00... ()~] .¡:: 0 0 ~Uf-< or) \0 S2S2 - 0 0'"" ~ ~ r-- \0 00 c:: .. 0 ( ) .- ~ õ 0ã. t:: a c<:S 0 Viu o 0 ZZ ... o ,..... > ~':Jj ~ r¡::I: -...c ( ) .- a .- o ~ := ~ ( ) 0 ~-s 0..0.. ~Qj ::I:::I: . 8D (¡j <;; Q 'C ~ ~ ('0.1 I lr) ~ ~ t"..¡ >.... k.. :::: \:::! N õ::~ :::: .¡;:: Q .g k: '.;¡ ~6 :... :::: - - ~ ã ,\...) ::.. :... :::: ~ 0:::: :::: r~ .s~ c... "'1::ì ::.. ...... .s '"' '- -- Q "':I :::: ,Q v o o "'" ~ .::; Ç/) c.J > .¡:: o ( ) o ...c ...... "J;¡ c:: ~ :g ~( ) ...- 0"", ::I:'"" ~ ...c.....¡ o~'§w.. O"'Z¡f õ3~o- ü "'0 0 0.. 0"'000 c<:S .....¡~NZ ,..... Ç/) Q ~ E .. ( ) '" ~ ,- --- := .9- ¡:: :.E ~.g '- 1.-4 ~ If-§ 15 '-UÇ/)""'¡ 0"\ or. ~ = QJ e e. ° - QJ > QJ Q ~ = = ~ ~ ~..... -es::~ ~"'O~ ~~~ ~.g ~ 5·- e. .", Õ ° ::::s '" .. ° = ~ ::r:0'- ,-Uo ° Q ~ = ~.$ QJ U ~ e ;.:j ~ .. ~ e. QJ Q ~ ;J 00. ¡,¡;¡ u c:r: ;J o ~ í) 'Z - Q 'Z ;J ~ -- ¡,¡;¡ '" ..;¡~ E-o = - QJ E- e --.= ¡,¡;¡ '" Q .- 0- ue. ~ § ë2 ~ ~~ ::; § Q .~ ~ .'.:: ::r:u -- >- E-o ë2 = o ° ë2 .= ~.e- -- .. ¡,¡;¡ I:J ..;¡ '" E-o QJ -Q E--- E-o ~ U .- ¡,¡;¡ t: a .~ c:r:.Q ~o -- Q ..... E-oQ u..... ¡;¡;J_ ~ ~ o I:J c:r: ° ~~ oooooog glAlAlAlAlAoo o .,.. .,.. '-0 ~ IA OJ) .S 'IJ ;j o ::c <-0 ~ V ~~~ <r: o::¡ v:::E iJ....:!: < ¡..... Ooo.OO~::t:O u~:I:::C<iJ...¡"'" 00 \A IA OJ) ;::::: :.a § .Ef '"- -g .9 ;j .... '"-viJ... ao::¡<; .¡:: 0 Õ iJ...U¡"'" .,.. '-0 00 ---- ---- .....0 o ~ ¡::::~ 00 OJ) ;::::: '§ '" 0:: o N v .... '" o ;::::: .. 0 r ) ._ ~ õ 0õ.. t: S '" 0 ifju .,.. o ("j o !'- .,.. 'IJ .~ :~ u < OJ) ;::::: '§ '" 0:: '" E ~ r ) r ) bJ) S ~.s 0.;:....;::::: o OJ);::::: 1)~~ 4-0>"'0. o 0) \-¡ ...... ;:::::-ooifje o ;::::: .... ::: '.0 ~ Õ ~ e ä: .= ~ [-0 ~v v C,):.= > ;.... ... ~ v o..g .<;::: -0 ~:.:: ~ èa -0 ~ ~ '2 ;j;::::: ;j uo"g::: :::U ;:I .- ~ ~ = ;:.... ","i:::: 0 .~ ~2 ~ ',= I ...t:: 1) u ~ OJ)..d '" .- '1) õ .~ '"- Z -0 ..d~,,-,::: ¡..... .... 0 '" o 0 zz OJ) ;::::: '§ '" 0:: o ..... I or¡ o o u .... o :--.;> 'IJ ...... [ì:I: -..d r ) ... s .- o ~ :I: ~ r ) 0 -S~ 0. 0. ãjQj :I::I: . 81J o o "'1' ~ '5 VJ v > ,¡:: o r ) o ..d E [ì"'1' r ) '" 0 sa:; E :I:r<'\ ~ ..d...J ooO'§¡,"- v~z", <;~o~ u-oo 0. 0-000 '" ...J<NZ '0 ~ ~ '"'I I lr) ~ ~ "'¡ ::>-. k.. =:: ~~ .¡:: =:: <:) .g E¡; \.) ~6 :.... :::: 1:::l ;::: ~ <:) ,U "" :.... =:: ~ Q::::¡ =::ð ~ ~ ~ ....... ~ '- - <:) '" =:: ð -. VJ o ~ E,.-.. oO r ) 'IJ >-..- "-" .-::: c..::: ]'~ .g ,- ... ~ 2-§ g ¡'¡'¡VJ...J .. 8D .....00000;:;; 00 rr, r")fAfAfAfAfA..... fA fA ¡,,;¡ ..... r") r") 0 ~ r") r") bJ) fA \0 fA bJ) = ;;¡ :.e 0 .S = 'f) bJ) ;:j í.f':J ;j 0 = ¡.¡.. e" ::r:: :.e .... z: -<-0 = .9 ~ ;:j .... - o ~;:::* ¡.¡..û~ ~ z: ¡:Q û ::;E Q.. .- -<E- 2¡¡:Q-;;; ;;¡ OCl)OO~ ::r::O .- 0 õ ~ u~::r::::r::-< ~E- d::UE- ... = <1# e e.. ° - <1# ;, <1# Q :¡ = = ~ ~ ~ ...... -es::e ;J"OQ.; A~ <1# "0 'oO!",J ~ <1# ~;g [ .;:: 0 ° :::::I ¡ .. ° = Q.; :::0\0-0 \o-oUo o Q Ol) .... Q.; .5 ~ U ~ e :3 .... .. ~ Q., <1# Q rJ? ;;;;¡ -... ¡,,;¡ ¡ oJ'" E- = - <1# Eo- e ~-= ~ .~ 0- ue.. ~ § Q2 ~ ~~ ~ § Q .~ ;;;;¡ .-::: :::U -... >- E- Q2 = o ° Q2 ''¡: Q.;.e- -... .. ¡,,;¡ ~ oJ ¡ E- <1# ~e E- ~ U .. ¡,,;¡- .., ~ 0·..... ~.Q Q.;O -... Q - E-Q u_ ~- a ~ ~ ° Q.;..J <r> \0 00 ---- ---- .....0 Or") ---- ---- r- \0 00 'f) v u '> .... v CI) bJ) = .~ ::I o ::r:: 2 '--' - .. õ v ._ ';j ãJ Oõ.. t: S is 0 C/JU o ""! o t"- or, 'f) v u 'E v C/J >. .... v .::: "'¡) o on = ';;J ::I o ::r:: ¡;: v S oj) 0.. =..9 .~ ~ v v u-o 2 ~ -;i ~.= = ~ ~ ~ .g ..9 .2 = u "'- ~ ~ ~ 0 c: == "/J 0 'Z¡ .9 ~.s·~ E ~ o..~ -@¡,;¿<Z3 -;::: :::s:-:: ~ 1:) 0 u v s.g..a g,-5 v -0 :;; 'f) 0 õ..~ s~-g .5 .D e ~ ~ v] bJ),- § -s v eo,;:: ~ ,..,¡c..t""IU ,0 ~ ð.) õ ~ ~ c u '- ( ,) \1)'~ d ~ 'l"; :"95£9;;;:: G -c .~ ~ f3 ~~~~!{ o 0 zz .;, o o U .... o t:'-. > 'f) ..... r¡::r:: ~.s s .- o 3: ::r: ~ v 0 ...::: ...::: .... .... 0..0.. "'¡)"'¡) ::r:::r:: ~ ~ o \0 ::::::, ::::::, ""I I IF) ::::::, ::::::, ""-I ::.... k. :::: ~.g :::: .¡;: a a "-=:: r:t: '.J ~b ... ~ '=! .... ~ a ,\...) :::.; ... :::: :::.; a~ ::::ð ~ ~ ~ .g ..... -.. a "1 :::: ð 'f) .... = v '5. 'G 1J .... .D ::I 'f) .... o ~ .... = v ê v c~~ 00 r'::; 3: o'-'þ ("-I......... . ~ :3 ~ is 0 <r>""'¡U -. C/J o ~ ¡;: .. v 'f) >-. . - "-' .~ Q.¡ c: ] '2·g .- ..... ~ If.g is ~C/J""'¡ rJl 000000 00 ~ (¡.'PA g ,.eHA g ",,,, - ~ Ó Ó OJ) \0 0 OJ) 0 = ;;¡ N =N ] 0 '" .- '" en OJ) rJl ;: 0 .S u.... í.-' <t:::I: '" .... Z = .g - ° u.¡~]~ &u.¡~ Q Z ÇQ ° ::;s ~ .- ¡.... 5::;Sc;a ;¡ OrJlOO~O ·C 0 Õ ~ uu.¡:I::I:<t::¡.... ~:I:f-< .... == I J 5 c. c - I J > I J ~ :¡ == == ~ ~ ~ '-' 'fS::~ ;J"OQ.¡ ~':11 QJ "0 "'Q ~ I J ~~ 8- .~ c c = <IJ _ C == Q.¡ ::=c,- ,-Uc c ~ ~ = =... .: ë U j .... - ~ C. QJ ~ ~ ;J -- ~ ~ ...¡ .... E-< == ~ ë --.c: ~ ~ Q .. 0- U c. ~ § ~ ~ ~~ ~ § ~~ ;J ,".:: ::=U -- >< E-< ~ == o c ~ '':: Q.¡.e- ~ t: ...¡ ~ E-< I J -Q E--- E-< ~ U .. ~.... .., ~ 0'-. a:~ Q.¡O Q - E-<Q u_ ~- .., ~ o ~ a: c Q.¡..J Æ d a) '" ';¡:j <]J ~ ..... ï3 ;::,) V "5'1) .9 (/J .D '" ..s::: <]J ~ <t:: ~ .- <]J u = .:;¡ .~ en '" <t:: = .:2 ~ 15 '" ..s::: <]J ~ b ·š ~ u.... <]J "'Sb = Vi .- o I or¡ o ::;s :I: ~ '-' or¡ o r"'! N 0'0 OJ) ¡:: .~ ;: o :t or¡ \D 00 ---- ---- - 0 o rro [::::0 00 ZJ 'S ;::,) OJ) = .~ ;: o :I: 'n .- <]J '¿¡j o = .. 0 <]J ._ ~ ãJ 0- 0.. t a .:;¡ 0 (/JU ~ '" Õ ..s::: <]J OJ)'fJ = ;: .- 0 ~..s::: o <]J ...é S >'0 :-:::: u a .S <l3 v v ~ - .... OJ) a) ='" ._ 0 'fJ .... o t:: .....'" (l) = U ~ § ~ ~ 0 .;¡; -;. ~.D ='" o .~ ';j ~ .:;¡ ;: .- () ] g ~ 'fJ -5 .~ ~ ;: o 0 zz .... o ,:"-.> .." ..... ~;¡:: - -= š .<;::: o ~ :I: ~ a) 0 -=-= .... ..... 0..0.. õ:)'Q) ;¡::;¡:: . OJ) .5 'fJ ;: o :I: a) a o ~ a 0,) a)", ~ ê'~ ~a)þ ~ > .- 00= ..J0;: >. c;a a ~ u s >38 '"'. in o ~ ..... =--- .. 0,) "Jj >-. . - --- .~ ~ d ]'~ .g ,- $...t ~ ~-§ g UJ(/J..J 80 \0 ~ ~ '"'I I lr) ~ ~ '"'I ::>-. k, ::: ~..g 0.... ._ ::: :.... 0-2 ',,:::: k., ~ ":r:¡S :.... ::: \::: ;::: ~ 0 ,\.,) ~ :.... ::: ~ a.:::: -- ::: r~ ~~ 0.... "'1::S ~ :g '- -- o "'J ::: ð N 1.0 ... = Q, e c.. o - Q, ~ Q, Q :¡ = = ä:: ~ ~ ...... -es:e ~"'OQ., ~'>ì Q, "'0 '.oo;¡ "; Q, ~ "'0 ~ =.... c.. .;;; Õ 0 = '" 1.0 o = Q., =ð~ ... Q ~ o = = Q. .... Q, u ;; e ::s ... 1.0 ~ c.. Q, Q . ~ ~ '¿·___..__e '" Q, I:J 1.0 = o 00 ~ = .... "'0 = = ~ '" ... ....... = ~ Q, ~.! QJ .~ "'0- o c.. U e ~ 8 .... I:J =< ~....... ~ § Q .~ ~ .,= =u ~§ .- .- 1.0 ... o c.. ·C ·C Q., I:J 'a¡ ~ :Q .... ....... Eo- ~ ... .... I:J ... Q, I:J ...... Q, o ...... 1.o.Q Q.,O ....... Q -Q ... - ~- ...... ~ e ~ =-...;¡ .._._~.'" 000000 EAEA861'H,o<)8 .,) .,) ....., OJ) ....., - ¡::- r.F; ,_ ~ 'JJ ;: o ::I: V ~~~~ êS ~ 0 â .~ b uw.¡::I:::I:~¡..... OJ) .5 'l'J ;: o ::I: '.... o ¡:: .g :.J ;: ..... t:j ::: o U N = v a 0.. o -v ;:, v Q 0lJ ::: ';ñ ;: o ::I: v :D '" -0 ..... .0 ,- ~ N o .;.. o ::s ::I: z¡ 'E :::J ~ V') o N N 0'- 0lJ .5 'JJ ;: o ::I: -0 OJ) .5 'JJ ;: o ::I: ~ l.;:i :) ..... 0l)9- .~ g 5 '" ...::: >-. v..o ..... :E ~ ~ ~-o .......2-v @ ~ [; '" ;: -0 'õ..2 ~IJ ¡:: ~ .~ o ::: ;: ';:j 0 0 ~ i:!"::: \..0 ,_ 0,) ;;; s. :õ = ;> ~ 8 ..9 "8 v -0 ,0 -S § '~ ~ :::,~ S..9ô .- ..... ~è~ ..;3 ~ ,5 o \..0 :: ¡.....c2o 00 EA EA OJ) ::: :.a ¡:: OJ) ;: .5 µ.. "2 .9 d:w.¡d:: 5::Së<i .¡:: 0 Õ A..::I:¡..... tr. -0 S2S2 - 0 0....., [:::::0 00 v ~ Q ¡:: ~ .9 ~ 1) Q]. 1::: ¡:: '" 0 Vju 'l'J V 0 >-Z ..... o -:--. > 'l'J - ~::I: "iÏoS S .- o =:: ::I: ~ v 0 -5-5 0..0.. ëj"ö:) ::I:::I: ¡:: .:2 ~ ,~ õ.. 0.. '" V :9 v S- Ol)O .5 :.J ':/J...o ;: Ol) o ;: ::I:] v .... a v o ::: :.J ._ .EJ ê ~ 2:! o v .....¡-Ov , ~-o ~ u ._ oo'=:: .....¡ 0 è' >-. tr. ¡:: .....0 ;: Vr--O >tr.u ~. if¡ Q :;: .... ¡::~ .. (],) rJ'J ~ '- '-" .<:::: 0.. ¡:: ]'~ .g "- ~ ~ ~.g g w.¡(/).....¡ 8D 'C c;:::, c;:::, '"'1 I 'r) c;:::, c;:::, '"" ::.... It., ::: ~~ .¡:: ::: a .g ~ \J ~¡S !.... ::: \:$ ;:::: '" a ~Cj ~ ~ ::: ~ a~ ::: r~ ..s¡v Q.., ~ ~ ..... ~ '.... ...... a "1 ::: d 000000 00 EAIA:§5EAEA:§5 EA EA "" M ~ 0" 0" OJ) (j 0 0 .: 1.0 1.0 N OJ)N ;e = EA .S EA .: 0 '" OJ) ;j rJ1 ;j .S ¡.¡.. 0 OJ) X "0 .... = -<"O~ = .9 ;j .... .... v u..¡i3~ ¡.¡..u..¡o... "0 = ~ v :E 0... .;!¡ f- 5:Eo; = OCIJOO~O 'I:: 0 Õ ~ Uu..¡XX-<f- o...Xf- - = ~ e c. o - ~ ;;.- ~ Q ~ = = ~ I:': I:': .... .Q-o 1.0 C. 1.0 :J"Oc. ~~~ ~] ~ .~ 0 0 = "" 1.0 o = C. :=0. .Uo o Q OJ) -'" = = _.... ~U-;; e :J - 1.0 I:': C. ~ Q ~ ;;¡ "" - -- = ~ ~ ¡:] -- "" ~ .... "0- o C. U e ~ 8 .... (j .:< 1:':-- ~ § Q .~ ;;¡ ."::: :=U 'ð§ ... ... 1.0 - o c. ·c ·c c. (j -- "" ~ ~ -;:Q .... -- Eo- ~ - .... (j - ~ (j .... ~ e:è c.O -- Q -Q 't- .~ -; e ~ c.,..;¡ ~._-_._,." '" 1,) ~ '" ..D ;j CIJ OJ) .s '" ;j o X tr) \0 o .~ :::; ·0 Or"> r::::D O~ '" "0 Õ ..c:: 1,) '" ;j o X .: .. 0 1.) .~ ; ðJ 0'C.. t:: S '" 0 Viu '"§ .: v 0:: CIJ 'n o .--. ..::;.. tr) o ("! ("~ a- o ("~ v u .: '" .~ '" '" -< 8 v u .: . '" '" .~ :9 ':/j 0 "/o..c:: '" v ~ ~ ~ 0 ~..c:: .... C) "0 S ~ 8 ] ,5 ~ I .: ::: i:3.s ~"O ,... ~ æ .;; ::: o 0 .... - 0..>- o .... f- ~ ~. én o ~ .... o > '" - ~X õ':; a .- o ::: X ~ v 0 -S~ 0..0.. õõ XX "/0 V 0 >-z 0; E v 0:: "0 v '" '" ~ E '" .: v f- OJ) .: .~ ;j o X r"> o , V') o :E X v :;j o .: .S: :;j .~ 'C.. 0.. '" V :8 v 0.. S o u ..c:: OJ) ;j o -5 v .: '§ v v "0 :;~ ~.~ g;~b ~ "'! § o 0 ~[;:;u E .. v '" >. ,- --- .~ ~ Q :£'~ .g '- '-4 ~ If-g g u..¡CIJ.....J . 8D 'C ~ ~ ~I I I.r) ~ ~ ~, ::... ~ :::: ~.g :::: .¡:: c...9 ',,::: k; (.¡ ~ ~. :.... :::: ~ :::: ~ c ,CJ O),,¡ :.... :::: O),,¡ 0:s :::: r~ -S'-...J 0... ~ O),,¡ .... ~ '" '- -. Q "J :::: ð -::t \D - = ~ e c. o - ~ ~ ~ ~ :¡ = = ~ ~ ~ ..... ~s::¡: ;;J-oQ., ~'>ì ~ -0 ~ ~ ~ ::5! &. 'r; õ 0 = '" ;.. o = Q., 0::0,- ,-Uo o ~ ~ - Q., .5 = U ~ ~ .... e ~ - ;.. ~ c. ~ ~ ~ ;;J '" ~ Cj ;.. = o 00 ~ = :a = = ¡;.. '" - -- = ~ a# ~,g ~ .~ -0- o C. U e o .:::¡ ~ =< ~-- ~ ~ ~ .~ ;;J .-:= =U ~~ .- .- ;.. - o c. ·C 1: Q., Cj -- '" a# a# ~~ .... -- Eo- ~ .... .... Cj - a# Cj ..... ~ ¡::c- Q.,O -- ~ -~ ti- .~ -; ¡: ~ Q.,~ 000000 €A €A :5ð. fA €A :5ð. 00 00 N .:>J)N fA .s fA '" ;: o -<X o ~~]:;! ÇQ :2: ~ .;!;: f-< O~OO~O u~XX-<f-< 00 €A fA OJ) I:: ] OJ) ;: .s ¡.,¡" -g .9 ~~o': 5 :2: -; .- 0 '5 o':Xf-< <U U I:: ~ .~ "f} "f} -< c.. :.a "f} 1-0 <U I:: ::: o <U a o X V') .-0 eo -2> er'1 r--::?3 00 "f} "0 Õ ..= <U '" ;: o X r'1 v ;¡ o I:: .. 0 <U ._ ~ v Qõ.. t: a '" 0 Viu .... U '1J 1-0 Õ r') - ~ V') o N N 0\ a '" 1-0 :>J) o 1-0 0... <U u = ~ "f} .~ "f} -< .g. ";; 1-0 <U I:: ::: o <U a o ::t .5 '" :<:S ..= u 1-0 ;: c.. '" 1-0 V >, ;: ..c v . - .... § '2 ..= ;: 9 gp 1.) .~ u ;: I:: 0 ",..c ~"'O .~ ~ ~ t) ;: .... 1-0 5 ~ - I:: I:: 0 >,u lib I:: ::: ::: <U o I:: Q :<:s o 0 zz ü V 1-0 Õ :>J) I:: .~ ;: o X "'1' o I V') o :2: x 1-0 o -. > ~oo ~ ~X - - v-;:: S .- o ::: x ~ <u 0 -S-S c..c.. vv xx v V C .~ Û v >=: Õ u .5 ~ C ~ i <u '" > "0 ::: O'§: .5: 0 >, -c è B ;: v 0 0 >.....¡u _. V:J o ~ c .. v '" ~.- '-' .~ c. = ] 'g.g 0""" '"'" ~ ~.g g ~C/).....¡ . 8D '0 ç::, ~ ~, , Ir) ç::, ç::, ~1 :;:..., k. :;::: ~.g .¡:: :;::: 0 0-.. .~ k. <:.J ""<:6 :.... :;::: ~ ;: ()j 0 :;¿c.; ~ ;:; à~ -.. :;::: r~ -S"-J 0... '"'\:3 ()j .... .g '- -.. o '" :;::: ð -~-~- If) \0 - = ~ 5 c. o - ~ ;;. ~ Q :¡ = = ~ ~ ~..... .Q-o . Q..¡ . ;J-oQ..¡ ~~~ OJ) -0 ~ = :: c. 'r;; 0 0 = '" . o = Q..¡ :::Q0~ . U 0 õ Q OJ) = Q..¡ .: ~ U ~ 5 :::s - . ~ c. ~ Q ~ ;;;¡ '" ~ I:.J . = o r-'J OJ) = :a = = ~ '" - -- = ~ ~ ~.: ~ .~ -0- o C. U 5 ~ 8 .- I:.J =< ~-- ~ § Q .~ ;J .': :::QU -- = .èo .... .... . - o c. .... .... . . Q..¡ I:.J ~ ~ -;:Q .- -- Eo- ~ - .- I:.J- ~ I:.J ..... ~ o ..... ..Q Q..¡o -- Q -Q - - ~- ..... œ e ~ Q..¡"';:¡ 000000 IòAEAOIòAIòAO o 0 Ó bJJÓ o:t = o:t IòA . _ IòA '" ;j o -<::I: V ~~]~ IJ:) v :E A.. .~ f-< OcnOO~O u~::I:::I:-<f-< 00 IòAEA bJJ .S -0 = OIl ;j = u.... ~ ~ = .- ~~d:: È):Eõj ï::: 0 Õ A..::I:f-< I\) '" = I\) 0.. X W..J .~ õ; ..... I\) 0.. o o o ::I: u ('j bJJ = :§ '3 IJ:) è 'ü ~ 0.. ~ U o o ::I: U V") 9 V") o :E ::I: ~ V") o ~ N 0'< OIl .S '" ;j o ::I: V") 'J:> 00 '~ ---- ...... 0 OM [:::\0 00 .-.. '" ---- = .9 õ; N ï5 ~ 2!> o I\) õ5 o = .. 0 I\) ._ ~ t) Qõ., t:: S ~ 0 ¿;;u ';I ...... '" I\) '" = I\) 0.. X I\) OIl .S õ; ..... I\) 0.. o -S '~ O--;¡ o .S ::I:::9 u '3 ~.D ... ;;., .~ .::: ~n U '" ~ ~ 0.. o ~ f-I~ o 0 zz ..... o . > '" ...... r¡::I: -..= I\) ... S .- o ~ ::I: ~ I\) 0 -5-:3 0..0.. Q)~ ::I:::I: " 8D Nè . = N ;j 0'< 0 IU 00..... 00 .!:! ""!::c=§ ~uu \0 ~ ~ ~I I "ì ~ ~ ~ ;;..... k. :;: ~-g :;: .¡;: o-S '<::: k. \..) "'<:b :... :;: \:! ~ ~ 0 ,10 '" :... :;: '" O::::¡ §O ~ "";:i '" .... -g .- -.. o '" :;: o "'-. i/J o :;: = .. I\) ;;.,.- .-:::: 0.. c: ] 'g.g .- L-I d If.g g W..Jcn""'¡ 1.0 1.0 - == ~ e c. o - ~ .. ~ o .:¡ == == ä:: ~ ~ ..... .Q-o ¡", ~ ¡", ;;¡"O~ A', ~ "0 ..... ~ ~ OJ) "0 ~ == .... c. .~ Õ 0 = ~ ¡", o == ~ ::t0~ ~Uo o 0 OJ) - ~.5 5ut:; e :J - ¡", ~ c. ~ o ~ ;;J ~ ~ ~ ¡", = o rJ:J OJ) == .... "0 = = ~ ~ - --- == ~ ~ =: ë E---= --- ~ ~ .... "O'Q. o e u 0 ~ ~ .... ~ ::< ~--- ~ ~ o .~ ;;¡ .<::: ::tu --- == .èo ..... .- ¡", - o c. .- .- ¡", ¡", ~ ~ --- ~ ~ ~ -;:0 .... --- E-- ~ - .... ~ - ~ ~ ..... ~ o ..... ¡",.Q ~o --- o -0 - - ~- .~ ~ ~ ~ ~....;¡ 0025000 EAEAOEAEA25 "," .n ...... ...... ...... ~...... EA .S EA CfJ ::I o ::r: ~"" o J.l.J~~~ ÇQ 0 ::;s Q., .;!¡ f-< OVJOO~O UJ.l.J::r:::r:~f-< = iU a 0.. o ë) > iU o ~ .S CfJ ::I o :r: o o :r: U 1"'1 ...... ~ -;¡::; o <"'j 1"'1 0'0 ~ '2 ::I '" iU "" ''l) o;:s t) CfJ o o ::r: U ~ t: .~ ::I o ::r: '-D o , V') o ::;s ::r: 00 EAEA ~ t: :a t: C/) ::I t: ¡.¡.. ] 8 ::I .¡:: ¡.¡..J.l.JQ., 8::;S~ .¡:: 0 Õ Q.,::r:f-< '" '-D 00 -.... -.... ......0 0<"\ [=:.::\0 00 t: .. 0 iU ._ ~ ~ Oõ.. 1:: Ei Z3 0 VJU ~ t: .~ ::I o ..t: iU iU ""- ._ ..0 ~ (\I (\I"" , ..... v,a T.~ o .~ o 0 :r: - U ~ (\I S iU 0. "" 0 ';> ïi o > ..... iU 0."" o ..... f-<<8 o 0 zz ..... o ~. > CfJ - r;:r: "V-5 Ei .- o ~ ::r: ~ iU 0 -5-5 0..0.. ov :r:::r: it) ~ o :>. 1"'1 = 1"'1 ::I .-.. 0'0 0 ':;"IU 00 0 ..... o O'~ <"'j::r:~ ~uu ~. VJ o ~ = ;>...~ .::: 0.. t: ] 'E·9 '- ..... ~ 2-§ g J.l.JVJ""'¡ ~ 81] 'C ~ ~ "-1 I tr¡ ~ ~ 1".1 ::..., f.J;.. ;;:: ~~ ;;:: .¡:: a,.9 ',::: It..; \.,¡ ~b :... ;;:: \:j ::: ~a ~v ~ :... ;;:: ~ 02:; ;;:: ,a ~v '"\:í ~ .... ~ '- -... a '" ;;:: ð OONOON 00 GAGAN GAGAN GA GA ~ N N r- ~ ,.¿ ,.¿ 0lJ U \0 :.. r- 0lJr- .5 = GA .:GA "8 <:) .~ OJ) ::I rJJ. ::I 0 .5 ¡.¡.. OJ) ::I:: "8 ... 0 = ~-o~ ::I .¡:: .... "0 V í,.I.¡~E ¡.¡..í,.I.¡Q.. = o::¡ v ~ Q.. .;!J f-< 8~¡¡; = O[/)OO~O .¡:: 0 õ ~ U¡.¡.¡::I::::I::~f-< Q..::I::f-< .... = ~ e c.. <:) - ~ ;;.- ~ Q = = ~ ~ -fs::: ~"O ~~ OJ) "0 .$ :.= ~ <:) = ~ <:) = =: <:) ~U <:)Q ....Q. ~U e .... :.. ~ c.. ~ Q rJJ. ~ --...... ~ .... u ~ ..... <:) :.. Q. "0 ~ ~ <:) c.. <:) :.. ~ ~ <:) OJ) = .... .... ~ :5 ~ .... -.... = ~ ~ -= ~ ~..a -.... ~ ~ .... "0- <:) c.. U e <:) ;.< u .... u :::< ~-.... ~ § Q~ ~ .".:: =:U >.= .... <:) .... ... :.. .... <:) .e- .... :.. :.. u Q. ~ -.... ~ ~Q .... -.... E- ~ .... .... u .... ~ u ..... ~ <:) ..... :...&J Q.O -.... Q -Q ....- ~- ..... ~ e ~ Q....J i!J 'l) o U 0lJ .: '§ :':I ö:: ì:i 's -0 ~ ~ ~ o ::I:: ::I:: N .g § 'l) '2 ï§ -0 ~ >'d 0lJ .: '§ .:::! Q.. a :':I ... 0lJ o ... Q.. ¡.¡.¡ ~ o ::I:: r- '7' V') o ~ ::I:: ,.V') 00 -~ --- -0 o ~ --- --- r- '0 ::::> 0 r- ::::> N N 0' ,... .. õ v ._ ~ v Oõ.. t:: a '" 0 V;u .: .9 ;; 1:: 'l) :§ a -0 ~ Q6 "8 S '" '" OJ) ... .: 0lJ '2 8 ,... 0. liJ~ =~ ,00 ;'.,::I:: = v ~-5 ~~ -0 .~ v .~ -0 > ,3 "B ...... '" 'l) .: ·~'9 ~ - .- '" .~ == - 'f) u ._ '" .5 'íì _ .- ,... ~~ o 0 ZZ 0lJ .: '§ '" ö:: ... o ~. > 'f) ..... ~::I:: -..c: 13 .';; o ~ ::I:: ~ v 0 -5 oS 0.0. ë)~ ::I::::I:: . v ;; o ::::> ::::> ,. E '3 [/) 1J > ï:: o v o ..c: E ~,. v ~s § 0,. .... ::I::~ ~ ..c:....¡ o..'§¡.¡.. r-v~z~ ::::> - ~ v N13-ogõ.. r--io-Ooo'" O'....¡<èNZ ~. [/) o :;: E...... .. v 'l) >a . _ ____ - 0. s:: ]'~ .~ '- t-... ~ If-g g ¡.¡.¡[/)....¡ 80 'C c::, c::, '"'I I lr) c::, c::, '"'1 ;;..... k. :::: ~.g :::: .¡;: \:) a ';::: ~ \.) ~6 ~ :::: ~ð ~ .... :::: ~ a~ ::::ð ~ ~ ~ ..... .g .:.:::: \:) "1 :::: ð 00 \0 .... = ~ e Q. o - ~ > ~ o :¡ = = ~ eo: eo: ..... -eS:i: :J"t: Q.; ~"JÌ ~ "t: '"Q ~ ~ OJ) "t: ~ = == Q. .;;; 0 0 = ~ - o = Q.; ::t::0,- ,-UO o 0 OJ) '= Q.;u 'B ~ ~ e ::3 .... - eo: c.. ~ o íJ1 :J ~ ~ Cj - = o r.n OJ) = ;a = = ~ 00\0000\ fA_fA~fA_ - ....... -.ó \Ó 0\ ~O'o fA ¡::fA .~ ;:I o ::r: <C"'O...J o ¡.¡.¡::=~<C ¡:Q 0 ::E ¡::l; .- ¡- OVJoo~o u¡.¡.¡::r:::r:<c¡- VJ 0 ~ ~ '" .... '" -.... = 'l) ~ ~ v - .... e s ... E0- .=: 0 -.... ~ ::r: ~ ... '- "t: - 0 .-- Q. -;; 0 e z¡ .... U '/J ~ 0 0 Ì"1 Cj OJ 'l) ... Cj ~ V - ~ .S '-' .... '" eo: -.... ~ ¡:: ~ = .... 0 0 1) '" ... 0.. .... 0 .... 0 'l) eo: N ¡::l; ;;:;¡ .... ¡- -D 0 .- ::t:: U ....... r- 0 0 'n C"~ -.... = ,èo ..... .- - .... o .S- .- - - Cj Q.; ~ ~ ~ -;:0 .- -.... Eo- ~ .... ... Cj .... ~ Cj ..... ~ o ..... 1..l:J. Q.;O -.... o -0 ~- .~ -; i: ~ Q.;"';¡ en ¡:: .g ~ .... 'l) 'l) u 0.. ¡:: o 'l) ¡g ...... .,. ttJ ~ g E ~::r: '8 (ij :.11 ::E >-.~~ ~ .š § 1) ....... .- ~~.... .... .". ~ 'l) ¿; [j ¡:: . 0.. ¡,i:JVio o .;... o en ¡.¡.¡ 00 fA fA ~ ¡:: ;.a ¡:: OJ) ;:I .S µ.. -g .9 ~¡.¡.¡Q:; t¡:E-;; .¡:: 0 õ ¡::l;::r:¡- V) -D ee ....... 0 0....... t::::~ 00 1) u ¡:: ~ ¡:: ~ ¡:: .~ .... ~ 'l) >-. ..s:: u ~ 1) '" -;; 1) - ¡:: ¡:: .. 0 'l) ._ ~ êJ 0- 0.. ~ S ~ 0 Viu o o o Ó - - o<!~~ ¡::.g è .9 ~ ~ .... > ~ g "5 &~~ o "'0 ~ .... ¡:: >-. ~ ~ .::: "'3~=ë ~ g ,.s 1)::r: ¡:: .D",.,g -' u ::=~- ~.,g:2 ~:::~ s::: ~ 0 ...2 :E '" r-, .... .,g '-'VJ_ [ß'õ8 ':n ".. 'l) 'l) ><>< .... o ~. > '" ..... r;::r: Q:;-S S .- o ~ ::r: ~ 'l) 0 ~-5 0..0.. ~Q) ::r:::r: v ~ o - '5 o VJ "'0 ~ o c::: ~ v 0 en 0.. g .5'N ::r:<C:: ~o~ ~~...J ..s::..µ" - en - ~ ~ .£ N.".....~ -.0 ¿; "'0 0.. r- . "'0 ~ .,.,Vi<cz ~. èrJ o ~ E.-- .. Q) 'Jj ~...... "-' .:: ~ :: ]'~ .g '- ~ ~ ~..g g ¡'¡'¡VJ""'¡ . ~.--"~ 8D \0 ~ ~ "'1 I '" ~ ~ ~ >.... k. s:: ~{4 0.. ._ s:: ~ .g k: \.) ~6 Þ3 5 ~ð ~ s:: ~ a:s §ð ï5:: ~ ~ .... {4 '- - C) "" s:: ð 0\ \0 - = ~ s c.. o - ~ ~ ~ Q = = ~ ~ of=: ~~ ~ ~'; ~~ == ';': 0 = r,, o = ::= 0 '-u OQ -Q.,. ~u S - 1..0 ~ c.. ~ Q ~ ~ -.-.--^-. rJ:J ¡,¡¡ u ~ ;;¡ o rJJ. íJ Z .... Q Z ;;¡ ~ r,, .... ~ ~ ..... o 1..0 Q.,. ~ ~ r,, o c.. o 1..0 Q.,. '- o ~ = .. - r,, ~ ....... ¡,¡¡ r,, ...:¡- ¡.. ~ ~ s ~-= Q .~ 0- u c..s ~ 0 ;a ~ ~~ ~ § Q .~ ~ .-::: ::=u >; ¡.. ;a = o 0 52 .= Q.,..:;' ~ 1..0 ...:¡ ~ ¡.. ~ ~e ¡.. ~ u .. ¡,¡¡ti a·~ ~.Q Q.,.O ....... Q - ¡"Q u_ ¡,¡¡- -., ~ o ~ ~ 0 Q.,...J '- .... O.g § 6 .... ê '~.5 ~ 8 () ¡.".. ':J"J '7J o~-oE ~ ~ ,3 ~ § 8 ~:g o ....... ~ "'ß .f'.g >, '1) ~ u ~ o:i v U 1) CJ :::: 0,) > ~ ~ ~.~ Þ.1 3 3 ~ -B';( Š 'r. '" .- v >-. "'ß-=~c::8 ..c -=>.::::CI:j:::: -0 ';:: Q) 0 ~"7 ~ =..c:=",;;; 0 ~ v ... '" c:::;> .- 'fJ -= U o.s ·š '- .~ ...9'~ ~ 1,) "'O..cë;::=r-I V § ~ 'D [.~ ~ 'lÏor)o><C:: '" ""'o,;,v2::! ~ 8 ..J. 0 "2 ~ ,'.:: ~ 0.::: ~ ':J"J V ..". >- V c:: ~ c:: "'" w.., -B 0 t:: V ~ 11) ",='2 ..D o c:: c:: u ._ è;;:E ¡:: ~ "8 .- 0 S :;; -0 S U 000 c:: \:) :!. VO\UO'" :;> ~~3~~ j . 80 -= íJõ z.c - - >..s ~= ¡,¡¡= rJ:J= ¡,¡¡ ~ ~~ ¡,¡¡~ ~~ -Z =-.... OQ ¡;¡;¡z ~;;¡ ...:¡....-:.. ...H..... ~ _= I :;.. I 01) ....~= ¡........ U...... ¡;¡;¡...'O -.,0= o ~ ~=Ifi Q.,=9 rJ:J =~"" _CIO= ::t:=;... ¡"fA'" 'C ç:;, ç:;, "'. I lr) ç:;, ç:;, "'I ~ k, ¡;:: -S.g ~ ".... ¡;:: i:3 ·â ~ \J ~¿, :... ¡;:: \:j ~ ~ C> ,e...> ~ ~ ¡;:: ~ 0:::::; ¡;:: r~ -S~ 0... "1:::! ~ ...... .g ..... -- C> "J ¡;:: ð · 80 o t"- ~ z < ....;¡ ~ >- ...;¡ ....;¡ < z o - ~ z ~ E- Z - E- ~ ~ ....;¡ ~ ~ < ø.. 00 - = ~ '0 ~ ~ "" I Or) ~ ~ "" ~ k. ~ ~ ~ Q...~ ~ ¡:: .g ~ \.) "'<:6 :.... ~ ~ ... ~ ë> ,C-> ~ :.... 6~ -- ~ a ~C-> 0.... "'\::s ~ ~ '- -- a '" ~ ð ~ - 71 - GEOGRAPHIC LOCATION The following map demonstrates the geographical location of the proposed projects to be completed during 2005-2006 using Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) and Emergency Shelter Grant (ESG) funds. In addition, maps showing the location of racial concentrations and the areas of low-income concentration in the County and Lead Poisoning Screening map are attached. Federal funds are available to income qualified individuals and families throughout Collier County. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida 8D " D T 46 S T 47 S T 48 S T 49 S T 50 S T 51 S T 52 S T 53 S t- A!NnOJ OHVMOHÐ Å!Nno~ ]OVQ w 0 ..,. W "'" ..., a::: en W 0 Z W 0 z :e 0 ~ a: 1 z w 0 ~ ~ m D. W z iã "'" - ~ ~ ¡¡¡ ee "'" t- :;) ee ~ a::: U) 0 :z: c( Ii; :z: 1:: W ~ g Q z W ! ð a 0 -I W 0 ID Q 0 z ee a: ~ I- iii .. a: !ž c :;) w C'I 0 ~ a. a: 0 ~ ~ iã W 0 ..... W :2 IL 011 W I IL a: "'" ..J Q ee > ee z II) ee 0 ~ a::: ~ -I a. c ~ z Q ~ z z ¡¡¡ :¡ ee J z ~ 0 :::I .,¡ ¡:::z Q W g Z :::I 0 :;; oZo a: 0 c :z: _w¡:: C'I c > ¡:: W > 1:: w :2fee :) w -I ¡¡¡ ~ -I z ~ow 0 III i 5 z i ð ¿;; ee ¡¡¡ 0 8-1 a: 0 ID ee 0 ee wO IL 0 :::I II. ~ a::: W>ID I- W ee 0 W 0: Z :z: ~ Wo ee -I c -I C... ~ a: ~ '" z z w z j ;¡ Z I- ¡¡¡ IL ¡¡¡ . . . . . w Q ... a::: ðl -'H'S 61: -'H'S . w / ... z c~ ..... 08¡::> a::: 0 ~~~~ fJ! ~ <II oi a: ~lDee~ ú Ii; 0:Z:~1- Ž oæwlll w i.... za: CD cr- ..... eel 011 a: a::: ~ ~ z Ž -1111 Wz Z œ~ Á!Nn<x:) 331 j W wli: t~ .... ~~ Zw ..... ILa: ~~ a::: 08 a: w :Z:a: :2 ::n ~e:. w .... ~ w C 1:: 05 ... z ~~ § .. ..... :J ftI :; "'., ... ~~ a::: 0 ... oi "1::J ~ Ú ...0: U ÇL-I I§! .- ~~ &. w 0 "I¡¡ on &. ~iO ..... W - Oz8 ¡,!W:i! a::: .- U. ;¡ u.. - ffiw!ž { ljz~ - iliiw 0 \lexico n.. wzf --A~ 13~::! U Cldf o~o ~... a: -I i'i!j ic~ ~1::~ ~eec ~;~ r~ð " - 72- 80 PROGRAM REQUIREMENTS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Collier County's CDBG activities to date have not generated any program income. There is no program income anticipated for 2005-2006. At such time as program income is incurred, it will be reported and expended in compliance with HUD regulations. The County does not have urban renewal funds and has not returned any CDBG funds to its line of credit. In addition, there are no float funded activities or income. There are no activities designed to meet "urgent needs" at the present time. The Citizen Participation Plan will address the need for the Board of County Commissioners to declare an urgent need or disaster in the event that conditions would occur that pose a serious threat to the health, safety and welfare of the community HOME Collier County intends to provide HOME funds on a community wide basis. However, the County may also elect to target HOME resources to specific geographic areas, concentrations of low-income residents, NRSAs or other appropriate locations. HOME funds that are provided as a direct subsidy to a homebuyer, such as downpayment and closing cost assistance, will be recaptured upon sale, refinance or loss of homestead exemption. This policy exists for housing assisted with State SHIP funds and federal HOME resources. The recapture provisions are outlined in contractual agreements with the recipient of SHIP and HOME funds. The HOME recapture provisions comply with 92.254 (5) (ii). When HOME funds are used as a developer subsidy, as in the construction of multiple housing units or acquisition and rehab, the resale provisions will apply in accordance with 92.254 (5) (i). The period of affordability, resale, recertification, match and other HOME requirements are outlined in the contractual agreement with the developer requesting financial assistance from Collier County. The County does not intend to refinance existing debt secured by multifamily housing that may be rehabilitated with HOME funds. Collier County will not use HOME funds to refinance multifamily loans made or insured by any Federal program, including CDBG in accordance with 91.220(g) (2) (F). ADD I (91.220 (g) (2) (iv» Collier County will use ADD I funds to assist very low to low income and minority households become homeowners. ADDI will be utilized for downpayment and closing cost assistance. ADDI funds will be utilized community wide. The County may also detennine that ADDI can be used in targeted areas including the rural communities of Copeland/Lee Cypress and Immokalee. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida - 73 - A plan for conducting targeted outreach will be developed and include coordination with local churches, the minority community including organizations such as the NAACP and the Southwest Florida Hispanic Chamber of Commerce, the Collier County Housing Authority and residents of older, mobile home parks located throughout Collier County. . 8D As with other downpayment programs, the County will coordinate with the Collier County Extension Service, Consumer Credit Counseling, Collier County Loan Consortium and the Collier County Housing Development Corporation and other groups to assist potential first-time homebuyers prepare, undertake and maintain homeownership. This may take the form of debt reduction, budgeting and financial counseling, homebuyer education workshops, after purchase education on home maintenance, and other important issues to help ensure homeownership stability. When ADDI funds are used for downpayment and closing cost assistance, a recapture provision upon sale, refinance or loss of homestead exemption will be instituted in conjunction with the HOME and State SHIP guidelines. The recapture provisions are outlined in contractual agreements with recipients of SHIP, HOME and ADDI funds. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier Coun(v. Florida .~ ~ 80 .74 - 5.0 MONITORING The County will perfonn on-site monitoring for federal, state and contract compliance of each of its sub recipients at least once each year. Technical assistance will be included with the monitoring. Monitoring includes in-house review of every payment request. This involves the project manager and various supervisors. Prior to the end of each program year, an in-house review will be conducted to evaluate each subrecpients compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its' programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. In partnership with organizations such as the NAACP, Southwest Florida Hispanic Chamber of Commerce, Collier Building Industry Association, Mortgage Bankers Association and other groups, F AH will outreach to minority businesses to encourage their participation in these federally funding housing and community development activities. Existing organizations including the Affordable Housing Commission, local CHDO's and churches will be contacted to encourage more minority participation in program applications and contractor bidding. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida ''','... . 6.0 CERTIFICATIONS -78D The following certifications are included as required by the Title 24 Housing and Urban Development/24 CFR 91.225. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · -7680 Certifications In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section I 04( d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph I that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · -77 BD to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including tennination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs I, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph I and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPW A funds are consistent with the strategic plan. Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida ~ð - 78 - 80 Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Fred W. Coyle, Chairman Collier County Board of County Commissioners Collier County, Florida Approved as to form & legal sufficiency Date Patrick G. White, Assistant County Attorney Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida it - 79 - 8 D Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons oflow and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: I. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year 2004 shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a Consolidated Plan One- Year Action Plan FY 2005-2006 Collier County, Florida · -s08D source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: I. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in confonnity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead- based paint will comply with the requirements of 24 CFR §570.60S; Compliance with Laws -- It will comply with applicable laws. Fred W. Coyle, Chainnan Collier County Board of County Commissioners Collier County, Florida Approved as to fonn & legal sufficiency Date Patrick G. White, Assistant County Attorney Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida l$i;ø~ _ 81 _8 D . Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance - If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs - it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in 24 CFR § 92.214. Appropriate Financial Assistance - before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. Fred W. Coyle, Chainnan Collier County Board of County Commissioners Collier County, Florida Approved as to fonn & legal sufficiency Date Patrick G. White, Assistant County Attorney Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida ---- .--" · -880 Specific ESG Certifications The Emergency Shelter Grantee certifies that: Major Rehabilitation/Conversion - It will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 10 years. If the jurisdiction plans to use funds for purposes less than tenant-based rental assistance, the applicant will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 3 years. Essential Services - It will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure as long as the same general population is served. Renovation - Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services - It will assist homeless individuals in obtaining appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and other Federal State, local, and private assistance. Matching Funds - It will obtain matching amounts required under CFR §576.71 of this title. Confidentiality - It will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement - To the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, operating facilities, and providing services assisted through this program. Fred W. Coyle, Chairman Collier County Board of County Commissioners Collier County, Florida Approved as to form & legal sufficiency Date Patrick G. White, Assistant County Attorney Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida " - 83 - 811 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification I. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. '2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later detennined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the infonnation available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, perfonners in concert halls or radio stations). 5. If the workplace identified to the agency changes during the perfonnance of the grant, the grantee shall infonn the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the perfonnance of work done in connection with the specific grant: Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida · 8D - 84- Place ofPerfonnance (Street address, city, county, state, zip code): Collier County Board of Commissioners Administration Building 3301 East Tamiami Trail Naples, FL 34112 -and- Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 Check _ if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U .S.c. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Fred W. Coyle, Chairman Collier County Board of County Commissioners Collier County, Florida Approved as to form & legal sufficiency Patrick G. White, Assistant County Attorney Date Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida 7.0 ApPENDIX . "'" - 85 - 80 Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County. Florida ADOPTING RESOLUTION · -:86--80 Consolidated Plan One-Year Action Plan FY 2005-2()()6 Collier County, Florida () 8D RESOLUTION NO. 2005-_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2005-2006 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR $3,524,802 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD CERTIFICA TIONS, APPROVING EXECUTION OF SUB-RECIPIENT AGREEMENTS BY CDES DIVISION ADMINISTRATOR, AND TRANSMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2005-2006 Consolidated Plan One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the FY 2005-2006 Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County, and an application for federal funds under the U. S. Department of Housing and Urban Development (BUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Fiscal Year 2005-2006 Consolidated Plan One-Year Action Plan for the CDBG, HOME and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (F AH) to transmit the Plan to the proper funding authority and take Page 00 · 8D all necessary actions for implementation of the CDBG, HOME and ESG programs. 2. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf ofthe County. 3. Section 4.0 of the One-Year Action Plan sets forth the dollar amounts estimated for each Activity to be funded by the CDBG, HOME and ESG Programs. A copy of the proposed Activities and total CDBG, HOME and ESG funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG, HOME, and ESG Sub-Recipient Agreements to implement each such Activity, so long as: I) each such Sub- Recipient Agreement conforms to the format of the attached blank forms, Exhibit "B" and "C", adopted and incorporated by reference, and 2) the dollar amount of each Activity and corresponding Sub-Recipient Agreement is consistent with targeted areas outlined in the One-Year Action Plan Section 4.0, referenced above. The Community Development and Environmental Services Administrator, or his designee, is authorized to amend all Sub- Recipient Agreements adopted in accordance with the FY 2001-2006 Consolidated Plan and HUD regulations, as needed, in order to further the goals of the CDBG, HOME and ESG federally funded programs. 4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote ofthe Board of County Commissioners. Page of3 This Resolution adopted this vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Page of 3 . 811 of April 2005, after motion, second and majority BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN · 8D EXHIBIT '"B" AGREEMENT BETWEEN COLLIER COUNTY AND NAME OF SUBRECIPIENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-04-UC-12-0016 THIS AGREEMENT, is entered into this day of 20_, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the "NAME OF SUBRECIPIENT," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at , and its Federal Tax Identification number as hereinafter referred to as "SUBRECIPIENT. " WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood! community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2004-2005 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9,2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program by NAME OF SUBRECIPIENT Page I of 22 s 8D WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "NAME OF SUBRECIPIENT" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "NAME OF SUBRECIPIENT" to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "F AH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means "NAME OF SUBRECIPIENT". (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be perfonned as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUB RECIPIENT shall, in a satisfactory and proper manner, as detennined by F AH, perfonn the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-04-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUB RECIPIENT shall be undertaken SUBRECIPIENT AGREEMENT Page 2 of22 · 80 and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, detennined by COUNTY, in an amount not to exceed ($) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be perfonned by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to F AH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUB RECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VB. GENERAL CONDITIONS A. IMPLEMENT A TION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in F AH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by F AH. No payments will be made until approved by the F AH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify F AH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the F AH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the perfonnance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, SUBRECIPIENT AGREEMENT Page 3 of 22 8[ I. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 II. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes SUB RECIPIENT AGREEMENT Page 4 of 22 · 81J the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.c. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I 02. This subpart includes 24 CFR 570.502. 26.0MB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-II 0 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to SUBRECIPIENT AGREEMENT Page 5 of 22 " 80 . execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to F AH for its review and approval, which will specifically include a detennination of compliance with the tenns of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons perfonning work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the F AH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to confonn to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICA nON The SUB RECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers hannless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the perfonnance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPlENT's aforesaid indemnity and hold hannless obligation, or portion or applications thereof, shall apply to the fullest extent pennitted by law. The SUBRECIPIENT will hold the County hannless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPlENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPlENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPlENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. SUBRECIPIENT AGREEMENT Page 6 of 22 · 8D G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUB RECIPIENT agrees this coverage shall be provided on a primary basis. SUBRECIPIENT AGREEMENT Page 7 of 22 · 8D 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $ I 000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. SUBRECIPIENT AGREEMENT Page 8 of 22 · ,80 VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Unifonn Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record - Keeping I. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, infonnation, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or F AH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to F AH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration ofthis Agreement. 3. The SUB RECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to F AH using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUB RECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in confonnity with the procedures prescribed by the Federal Management Circulars A-I 10, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS. AUDITS. AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. SUBRECIPIENT AGREEMENT Page 9 of22 · 8D E. ADDITIONAL FAH. COUNTY. AND HUD REQUIREMENTS F AH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the F AH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as F AH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to F AH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUB RECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-I 10 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT AGREEMENT Page 10 of22 .. 8D SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to F AH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to F AH, and said plan shall require the prior written approval of the F AH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-IIO (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shan be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUB RECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shan not end until an closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of an unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the perfonnance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. SUBRECIPIENT AGREEMENT Page 11 of22 8D B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be perfonned pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) ofthe beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to F AH upon F AH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that F AH will carry out periodic monitoring and evaluation activities as detennined necessary by F AH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the tenns of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to F AH, the County or the County's designees and make copies or transcriptions of such records and infonnation, as is detennined necessary by F AH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit infonnation and status reports required by F AH, the County or HUD on fonns approved by F AH to enable F AH to evaluate said progress and to allow for completion of reports required of F AH by HUD. The SUBRECIPIENT shall allow F AH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as detennined by F AH or HUD. E. CONFLICT OF INTEREST The SUB RECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the perfonnance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to F AH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target SUBRECIPIENT AGREEMENT Page 12 of22 ,. .... '" 80 , area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUB RECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, SUBRECIPIENT AGREEMENT Page 13 of22 80 which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. x. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPlENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.c. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EP A) regulations pursuant to 40 C.F .R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 400 I), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood msurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERV A nON The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.c. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SUBRECIPIENT AGREEMENT Page 14 of22 ,'II 8D " XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to confonn to the tenns and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. SUBRECIPIENT AGREEMENT Page 15 of22 WITNESS our Hands and Seals on this (SUBRECIPIENT SEAL) Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney . day of 80 SUBRECIPIENT AGREEMENT ,20 NAME OF SUBRECIPIENT BY: SIGNA TURE BY: PRINT NAME COLLIER COUNTY, FLORIDA BY: JOSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Page 16 of22 ... 8D EXHIBIT" A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN NOTE I: The SUBRECIPlENT shall submit its bid package and drawings/specifications to F AH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPlENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain F AH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPlENT shall obtain F AH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from F AH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPlENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUB RECIPIENT's compliance with the above. c. BUDGET: Line Item: CDBG Funds Other Total $ Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for SUBRECIPIENT AGREEMENT Page 17 of22 III!!IIÞ . Sf) detennining the appropriate Subrecipient's share of administrative costs and shall submit such plan to F AH, on behalf of the County, as the Grantee, for F AH approval, in a fonn specified by F AH. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REQUIREMENTS: The SUBRECIPlENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DA VIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). G. BONDING REQUIREMENTS: The SUBRECIPlENT shall comply with the requirements of OMB Circular A-II 0 (U ni fonn Administrati ve Requirement for F ederal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RET AINAGE: The SUB RECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPlENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. 1. FORMER PROJECTS: Failure to adequately maintain any fonner CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. J. WORK SCHEDULE: The time frame for completion of the outlined activities shall be K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPlENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for F AH approval of invoices, etc. for reimbursement. SUBRECIPIENT AGREEMENT Page 18 of22 .. 80 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of To day's Request $ 6. Current Grant Balance (Initial Grant Amount A warded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director SUBRECIPIENT AGREEMENT Page 19 of22 · AD EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to F AH staff by the 1 ri" of the following month. Status Report for Month of Submittal Date: Project Name Project Number Activity Number Subrecipient: Contact Person Telephone: Fax: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. SUBRECIPIENT AGREEMENT Page 20 of 22 .. 8D 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) 6. For projects that serve a particular clientele, please complete the following infonnation by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number ofbene.fìciaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX3 BOX4 BOX5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) SUB RECIPIENT AGREEMENT Page 21 of22 ...-- 8D Sub recipients must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples ofthe Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black! African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: SUBRECIPIENT AGREEMENT Page 22 of22 80 EXHIBIT "c" AGREEMENT BETWEEN COLLIER COUNTY AND SUB RECIPIENT ¡SPONSOR Catalog of Federal Domestic Assistance #14.239 HUD Grant # M-04-UC-l 2-00 1 7 THIS AGREEMENT, is entered into day of 2004, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the SUBRECWIENT/SPONSOR, a State of Florida, created in accordance with Florida Statue Section 421.27 et. Seq., having its principal office at and with offices at, and its Federal Tax Identification number as, hereinafter referred to as the "SPONSOR," collectively the "Parties." WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93-383)("ACT"); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the HOME Program by Resolution (2004-112) on April 13, 2004; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the HOME Programs and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the HOME Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the tenns and conditions hereinafter stated, the Parties hereto understand and agree as follows: SPONSOR/SUBRECIPIENT Page 1 of 17 · 8D 1- Def'mitions (I) "COUNTY" means Collier County, and where applicable, its authorized representative( s). (2) HOME is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3) "F AH" means the Financial Administration and Housing Department of Collier County. (4) "SPONSOR" means the (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "BUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be perfonned as set forth in Section III, Scope of Work. (9) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the SPONSOR agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work, hereof. (10) "WORK" - is hereby defined as an the professional and technical services to be rendered or provided by the SPONSOR as described here. II - Term The SPONSOR expressly agrees to complete all work required by this agreement in accordance with the timetable set forth below, which will be considered the compliance period. Milestone Deadline Project Start Date Interim Milestones/ Deadlines (list below): 50% Proiect Completed 100% Proiect Completed During this compliance period, the SPONSOR wil1 assure continued compliance with HOME requirements. For rental units, this includes ongoing property standards, occupancy, and rent limits compliance. Timely completion of the work specified in this agreement is an integral and essential part of perfonnance. The expenditure of HOME funds is subject to Federal Deadlines and could result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the SPONSOR that the PROJECT will be completed as expeditiously as possible and that SPONSOR/SUBRECIPIENT Page 2 of 17 " 80 the SPONSOR will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of ROME funds. Since it is mutually agreed that time is of the essence as regards this Agreement, the SPONSOR shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth. It is intended that such provisions inserted in any subcontracts be, to the fullest extent pennitted by law and equity, binding for the benefit of the COUNTY and enforceable by the COUNTY against the SPONSOR and its successors and assigns to the project or any part thereof or any interest therein. In the event the SPONSOR is unable to meet the above schedule or complete the above services because of delays resulting fÌ"om Acts of God, untimely review and approval by the COUNTY and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the SPONSOR, the COUNTY shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the SPONSOR to notify the COUNTY promptly in writing whenever a delay is anticipated or experienced, and to infonn the COUNTY of all facts and details related to the delay. III - Scope of Work The SPONSOR, in close coordination with the COUNTY, shall perform all professional services (the "WORK") necessary to complete the development and occupancy of the following project in full compliance with the tenns of this Agreement: Program funding may be used to provide one (1) year of additional rental assistance to existing eligible participants. Under no circumstances shall rental subsidy exceed twenty-four months to an individual or household. Preference may be given to homeless individuals or families. It is understood that the SPONSOR will provide a specific working budget and realistic timetable as relates to: monthly rental assistance, security and utility deposits prior to any fund usage. Said budget shall identify all sources and uses of funds, and allocate HOME and non-HOME funds to activities or line items and shall be submitted within thirty (30) days of the agreement approval. IV - Reimbursement of Expenses & Fees A. The SPONSOR shall be paid by the COUNTY for allowable costs determined by the COUNTY, in an amount not to exceed $ for including for project delivery cost. The project delivery cost based on ten (10) percent of not to exceed $ SPONSOR/SUBRECIPIENT Page 3 of 17 -- · 8D B. Project expenses (excluding delivery costs) shaH be paid based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted by the SPONSOR by the 30th of each month in forms specified by the COUNTY, with adequate and proper documentation as defined by HOME Program Regulations. of eligible costs incurred in compliance with 24 CFR92.206 and necessary for HUD Integrated Disbursement Information System (IDIS) disbursement requirements. Project expenses will then be reimbursed to the Sponsor within 15 -20 working days if there are no extenuating circumstances. AH such expenses shaH be in conformance to the approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. SPONSOR shall receive as project delivery ten (10) percent of the billing costs but not to exceed $20.000. C. The COUNTY reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The COUNTY also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by HOME regulations is provided. D. The SPONSOR may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the COUNTY has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HOME regulations. including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty-five (45) days after the Sponsor has submitted its final invoice. E. The COUNTY shall have the right to review and audit all records of the SPONSOR pertaining to any payment by the COUNTY. Said records shall be maintained for a period of five years after completion. v - Proiect ReQuirements The SPONSOR agrees to comply with all requirements of the HOME Program as stated in 24 CFR Part 92. including but not limited to the following. A. No HOME project funds will be advanced, and no costs can be incurred, until the COUNTY has conducted an environmental review of the proposed project site as required under 24 CFR 58. The environmental review may result in a decision to proceed with, modify or cancel the rental assistance. Notwithstanding any provision of this Agreement, the Parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval. and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the COUNTY of a release of funds from the u.S. Department of Housing and Urban Development under 24 CFR 58. The HOME funds advanced to the PROJECT will be secured by lease agreements and deposit agreements. SPONSORlSUBRECIPIENT Page 4 of 17 80 B. The SPONSOR will ensure that any expenditure of HOME funds will be in compliance with the requirements at 24 CFR 92.206, and acknowledges that HOME funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. C. The designated HOME-assisted units of this PROJECT will meet the affordability requirements as found in 24 CFR 92.252 (rental). The SPONSOR shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate-income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. D. In the selection of occupants for PROJECT units, the SPONSOR shall comply with all non- discrimination requirements of 24 CFR 92.350. Such procedures are subject to approval of the F AH. The SPONSOR will implement affirmative marketing procedures as required by 24 CFR 92.351. Such procedures are subject to approval of the FAH. E. The SPONSOR shall assure compliance with 24 CFR 92.251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(aX3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. F. The SPONSOR may provide documentation approved by F AH regarding match for purposes of the HOME program. However, NO match is required for this activity. G. The SPONSOR will be monitored by FAH for compliance with the regulations of 24 CFR 92 for the compliance period specified above. The SPONSOR will provide reports and access to project files as requested by F AH during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT. VI - ReDavment A. All HOME funds are subject to repayment in the event the PROJECT does not meet the Project Requirements as outlined above. B. It is understood that upon the completion of the PROJECT, any HOME funds reserved but not expended under this Agreement will revert to the COUNTY within thirty (30) days. VII - Procurement Standards The SPONSOR shall establish procurement procedures to ensure that materials and services are obtained in a cost-effective manner. When procuring for services to be provided under this agreement, SPONSOR/SUBRECIPIENT Page 5 of 17 -- 80 the SPONSOR shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84.40- .48. In addition, the following requirements are imposed on any procurement under this PROJECT: Comply with Collier County Purchasing Ordinance # 87-25. amended by Resolution #97-435 which will be provided to the SPONSOR. In addition, it is understood that any SPONSOR that can be considered to be a religious organization shall abide by all portions of24 CFR 92.257. VllI - Conflict of Interest Provisions HOME conflict of interest provisions, as stated in 24 CFR 92.356(f), apply to the award of any contracts under this Agreement and the selection of tenant households to occupy HOME-assisted units. The SPONSOR must request exceptions and the F AH grant exceptions as permitted by regulation. In addition, the COUNTY also has elected to apply the conflict of interest provisions in 24 CFR 92.356(b) - (e) to this project. Therefore, the award of contracts and the award of any unit benefits to covered parties of the SPONSOR are subject to prior disclosure by the SPONSOR and an exception from the COUNTY as outlined in 24 CFR 92.356( d) - (e). The SPONSOR warrants and covenants that it presently has no interest and shal1 not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of its services hereunder. The SPONSOR further warrants and covenants that in the performance of this Agreement, no person having such interest shall be employed. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this Agreement or any benefit to raise herefrom. No member, officer or employee ofthe COUNTY; or its designees, or agents; or member of the Board of County Commissioners of the Collier County; and no other public official of the COUNTY who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shal1 have any interest direct or indirect, in any contract or subcontract. or the proceeds thereof, for work to be performed under this Agreement. IX - COUNTY Resoonsibilities The COUNTY shall furnish the SPONSOR with the following services and information from existing COUNTY records and COUNTY files: A. The COUNTY shall provide to the SPONSOR information regarding its requirements for the PROJECT. B. The COUNTY will provide the SPONSOR with any changes in HOME regulations or program limits that affect the project. including but not limited to income limits, property value limits and rent limits. SPONSOR/SUBRECIPIENT Page 6 of ] 7 .. 80 C. The COUNTY will conduct progress monitoring to protect its interests as lender and regulatory authority for the project, and will provide information to the SPONSOR regarding any progress inspections or monitoring to assist it in ensuring compliance. The COUNTY's review and approval of the WORK wiJ1 relate only to overall compliance with the general requirements of this Agreement and HOME regulations, and all COUNTY regulations and ordinances. Nothing contained herein shan relieve the SPONSOR of any responsibility as provided under this Agreement. x - Equal EmDlovment ODDortunitv During the performance of this contract, the SPONSOR agrees as follows: A. The SPONSOR wiJ] not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origines). The SPONSOR wiJ1 take affirmative action to ensure the appJicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shaH include, but not be limited to, the foHowing: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the COUNTY setting forth the provisions of this nondiscrimination clause. B. The SPONSOR wiJ1, in all solicitations or advertisements for employees placed by or on behalf of the SPONSOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The SPONSOR wiJ1 send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the COUNTY's contracting officer, advising the labor union or worker's representative of the SPONSOR's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shaH post copies of the notice in conspicuous places available to employees and applicants for employment. D. The SPONSOR wiJ1 comply with an provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders ofthe Secretary of Labor. E. The SPONSOR wiJ1 furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the COUNTY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. SPONSOR/SUBRECIPIENT Page 7 of 17 · 8D F. In the event the SPONSOR is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, tenninated or suspended in whole or in part and the SPONSOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. G. The SPONSOR wilJ include the provisions of paragraphs (a) through (g) of this agreement in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The SPONSOR wilJ take such action with respect to any subcontract or purchase order as the COUNTY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the SPONSOR becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the COUNTY, the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States. XI - Labor. Trainine. & Business Opportunity The SPONSOR agrees to comply with the federal regulations governing training, employment and business opportunities as follows: A. It is agreed that the WORK to be perfonned under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the US Department of Housing and Urban DeveJopment and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.c. 1701 u, as well as any and all applicable amendments thereto. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given low and moderate income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the project area. B. The SPONSOR shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban DeveJopment set forth in 24 Code of Federal Regulations and all applicable rules and orders of the U.S. Department of Housing and Urban Development issued thereunder as well as any and all applicable amendments thereto prior to the execution of this contract as well as during the tenn of this Agreement. The SPONSOR certifies and agrees that it is under no contractual or other disability, which would prevent it from complying with these requirements as well as any and all applicable amendments thereto. C. The SPONSOR will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the COUNTY, take appropriate action pursuant to SPONSOR/SUBRECIPIENT Page 8 of 17 · 80 the subcontractor upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, in 24 Code of Federal Regulations. The SPONSOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 code of Federal Regulations and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with these requirements as well as with any and all applicable amendments thereto. D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal Regulations and all applicable rules and orders of Housing and Urban Development issued thereunder prior to the execution of the contract shall be a condition precedent to federal financial assistance being provided to the PROJECT as well as a continuing condition, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shan subject the SPONSOR or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by 24 Code of Federal Regulations as well as with any and all applicable amendments thereto. XII - ComDliance with Federal. State & Local Laws The SPONSOR covenants and warrants that it wil1 comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto, including, but not limited to; Title 8 of the Civil Rights Act of 1968 PL.90-284; Executive Order 11063 on Equal Opportunity and Housing Section 3 of the Housing and Urban Development Act of 968; Housing and Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the HOME INVESTMENT PARTNERSHIPS PROGRAM. The SPONSOR covenants and warrants that it wi11 indemnifY and hold the County forever rree and hannless with respect to any and all damages whether directly or indirectly arising out of the provisions and maintenance of this contract. The SPONSOR agrees to comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h», section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The SPONSOR further warrants and agrees to include or cause to be included the criteria and requirements of this section in every non-exempt subcontract in excess of $100,000. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provIsIOns. As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perfonn hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). SPONSOR/SUBRECIPIENT Page 9 of 17 ~... 80 . XIII - Susoension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the SPONSOR materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. If, through any cause, the SPONSOR shaH fail to fulfill in timely and proper manner its obligations under this contract, or if the SPONSOR shall violate any of the covenants, agreements, or stipulations of this contract, the COUNTY shall thereupon have the right to terminate this contract by giving written notice to the SPONSOR of such termination and specifYing the effective date thereof, at least five (5) days before the effective date of such termination. In such event, the SPONSOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. Notwithstanding the above, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the contract by the SPONSOR and the COUNTY may withhold any payments to the SPONSOR for the purpose of setoff until such time as the exact amount of damages due the COUNTY from the SPONSOR is determined whether by court of competent jurisdiction or otherwise. XIV - Termination for Convenience of the COUNTY The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the SPONSOR. If the contract is tenninated by the COUNTY, as provided herein, the County will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the SPONSOR wiJ] be paid as a FEE an amount which bears the same ratio to the totaJ compensation as the services actually performed bear to the total service of the SPONSOR covered by this contract, less payments of compensation previously made. Claims and disputes between the Parties will be submitted to the American Arbitration Association for resolution. A ward or judgment may be entered in any court having jurisdiction thereof. XV - Default-Loss of Grant Funds If the SPONSOR fails in any manner to fuHy perform and carry out any of the terms, covenants, and conditions of the agreement, and more particularly if the SPONSOR refuses or fails to proceed with the work with such diligence as will insure its completion within the time set forth in this Agreement, the SPONSOR shall be in default and notice in writing shaH be given to the SPONSOR of such default by the COUNTY or an agent of the COUNTY. If the SPONSOR fails to cure such default within such time as may be required by such notice, the COUNTY, acting by and through the FAH, may at its option terminate and cancel the Agreement. In the event of such termination, an grant funds awarded to the SPONSOR pursuant to this Agreement shaH be immediately revoked and any approvals related to the PROJECT shaJI immediately be deemed revoked and canceled. In such event, the SPONSOR will no longer be entitled to receive any SPONSOR/SUBRECIPJENT Page 10 of 17 .. .. .. . 80 compensation for work undertaken after the date of the termination of this Agreement, as the grant funds will no longer be available for this project. Such termination shall not effect or terminate any of the rights of the COUNTY as against the SPONSOR then existing, or which may thereafter accrue because of such default, and the foregoing provision shaH be in addition to all other rights and remedies available to the COUNTY under the law and the note and mortgage (if in effect), including but not limited to compelling the SPONSOR to complete the project in accordance with the terms of this Agreement, in a court of equity. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. XVI - Reportin2 Responsibilities The SPONSOR agrees to submit any and all detailed monthly progress reports required by the Financial Administration and Housing Department (F AH) outJining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is reimbursed with HOME funds, in part or in whole, and which is required in fulfillment of their obJigation regarding the project. The progress reports should be mainly in the form of a narrative, and shall be used as an additional basis for F AH approval of invoice, etc. for reimbursement. The form must be completed for the past month and submitted to F AH staff by the lOth of the following month. The F AH will send the SPONSOR one reminder notice if the monthly report has not been received fourteen (14) days after the due date. If the SPONSOR has not submitted a report fourteen (14) days after the date on the reminder notice, the COUNTY will have the option to terminate the contract as described in this Agreement. In addition, the SPONSOR agrees to provide the F AH information as required to determine program eJigibility, in meeting national objectives, and financial records pertinent to the project. Additional reporting requirements are included as A IT ACHMENT A. XVII - Inspection~ Monitorin2 & Access to Records The COUNTY reserves the right to inspect, monitors, and observe work and services performed by the SPONSOR at any and all reasonable times. The COUNTY reserves the right to audit the records of the SPONSOR any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required, the SPONSOR will provide the FAH with a certified audit of the SPONSOR's records representing the Fiscal Year during which the PROJECT becomes complete whenever the amount listed in SECTION VII is at or exceeds $300,000, pursuant to the requirements of OMB Circular A- 133. SPONSOR/SUBRECIPIENT Page 11 of 17 Ií.~ 80 . Access shan be immediately granted to the COUNTY, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the SPONSOR or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. XIII - General Conditions A. All notices required to be given under this Agreement shaH be sufficient when de1ivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (I) of this Agreement. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the tenns of this Agreement and any tenns or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. The Parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Florida. F. Should any provisions, paragraphs, sentences, words or phases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, iUegal or otherwise unenforceable under the laws of the State of Florida or the Collier County, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to confonn with such laws, or if not modifiable to confonn with such laws, then same shall be deemed severable, and in either event, the remaining tenns and provisions of this Agreement shall remain unmodified and in full force and effect. G. The SPONSOR shall comply with the provisions of the Copeland Anti-Kick-Back Act (18 U.S.c. 874) as supplemented in the Labor Regulations (29 CFR Part 3), as amended. H. The SPONSOR shall comply with the provisions of sections 103 and 107 of the Contract Work Hours and Safety Standard Act (40 V.S.C. 327-330) as supplemented by Labor regulations (29 CFR, Part 5), as amended. I. The SPONSOR further warrants and agrees to include or cause to be included the criteria and requirements of paragraphs (G) through (H) of this section in every nonexempt subcontract. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. J. The obligations undertaken by SPONSOR pursuant to this Agreement shall not be delegated or SPONSORJSUBRECIPIENT Page 12 of 17 yJ 80 . assigned to any other person or agency unless COUNTY shall first consent to the perfonnance or assignment of such service or any part thereof by another person or agency. K. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. L. SPONSOR shall indemnify and save COUNTY hannless from and against any negligent claims, liabilities, losses and causes of action which may arise out of SPONSOR's activities under this Agreement, including all other acts or omissions to act on the part of SPONSOR, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. M. SPONSOR and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the COUNTY, and shall not attain any rights or benefits under the civil service or pension ordinances ofthe COUNTY, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the COUNTY. N. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. SPONSOR/SUBRECIPIENT Page 13 of 17 .. RlJ ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNES S our Hands and Seals on this day of ,20 SPONSOR/SUBRECIPIENT (SUBRECIPIENT SEAL) (Optional) BY: EXECUTNE DIRECTOR DATE: ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk COLLIER COUNTY, FLORIDA BY: JOSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Patrick G. White Assistant County Attorney SPONSOR/SUBRECIPIENT Page 14 of 17 .. 80 "ATTACHMENT A" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to F AH staff by the 1 if' of the following month. Status Report for Month of Submittal Date: Project Name Project Number Activity Number Sponsor: Contact Person Telephone: Fax: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding tbis project. Please list and attach any recent media coverage of your organization relating to tbis project. 4. List any additioual data relevaut to the outcome measures listed on the application for this project. 5. Wbat events/actions are scbeduled for tbe next two months? SPONSORlSUBRECIPIENT Page 15 ofl? · 80 6. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 7. List any additional data relevant to the outcome measures listed on the application for this project. 8. New leases executed this month (if applicable): Name of Applicant Security Deposit Utility Deposit For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFIC:rAlUES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low-income income (0-30010) of the CUJTeDt Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, (MFI). Enter this number in box "3. " are very low-income (31-50%) of the cun-ent Median Family Income Of these households or persons assisted., (MFI). Enter this number in box "4. " are low income (51-80%) of the current Median Family Income NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. SPONSOR/SUBRECIPIENT Page 16 of17 · 80 FEMALE BEAD OF HOUSEHOLD This project assisted below. Female Head of Households REGARDLESS of income. Enter this number in box "5" BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extreme]y Very Low Income Female Head of Household Households or Persons Low Income Low Income (51-80%) Ass ¡sted (0-30%) (3]-50%) Sponsor must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Aftica. 3. Asian: A person having origins in any of the original peoples ofthe Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Ra4.:e and Ethnidtv Beneficiaries Race # Total # Hispani4.: White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian! Alaska Native and White Asian and White Black! African American and White American Indian! Alaskan Native and Black! African American Other Multi-Racial TOTAL: SPONSOR/SUBRECIPIENT Page 17 of 17 · - sB IJ CITIZEN PARTICIPATION PLAN Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida OR: 2~6~""PG: O~U Collier County , ~~ i; r. (, ~ ~ ~' ': ~ ¡; ~; r 'I-;; "' ~ "t ... '. t tA ~ I ~ '.1 . _ . , ;; ~ :.Ê ~~ :~; ;: ~ j;: ;: ;: ~.~ ~ f : :.J :- i ~'.~ ~: ~ - '~~.':-; ~: . .'.-.--..... .. . - ~ WIE1 III FLORIDA PLANNING GROUP INC. ,: :~ : ~ t- .' ~ t '" ,,~:, '! ~ ~ .' ~ ~....~ì'~t ~""""I'.J t ~ ~;! ~,~ t¡: ~ ~ ~ ~ f ~ ,.;: ..,. .... t: ~ "GE7~T(7+) ND. I () JAN 0 9 2001 Pg. .3 .,;" OR: 2764 PG: 0782 8[ CONTENTS INTRODUCTION SECTION 1 PUBLIC MEETINGS' SECTION 2 TECHNICAL ASSISTANCE SECTION 3 PROJECT IDENTIFICATION SECTION 4 PUBLIC HEARINGS 1. Review of Program Perfol11'lance Hearing 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE AGENDA ITE '" No. f{¡ f1- ) I 0 JAN 0 9 2001 00-111 Pg. . 1 .~._._--------~.._...-._~._._........... -._...._.-...-._-_.~_._-".._.._.__..._._.__..._... ,--_.~_. OR: 2764 .p~:" ·07~3 8£ Introduction In confonnance with the provisionr. of 24 CFR (Code of Federal Regulations) 91, "Consolidated Submissions for Community Planning and Development Programs" and more specifically with the provisions of24 CFR 91.401 and 24 CFR 91.105, Collier County has adopted the following Citizen Participation Plan. Required by HUD regulation and Public Law 100-242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by Collier: County for allowing citizen participation and input for the development of the Consolidated Plan provides for the most basic and appropriate level of participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough and effective input from its citizens. A process consisting of the following steps maximizes citizen participation in the development of the Consolidated Plan: 1. Public meetings. 2. Technical assistance for citizens groups and organizations In developing funding proposals. 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30-day public comment period. 6. Board of County Commissioners' approval. 7. Program infonnation. 8. Handicapped and bilingual provisions. 9. Complaints and inquiries. 10. Submission of the Consolidated Plan. Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. AGENDA ITEM No. I {P Lit) /1) JAN 0 9 2001 S- Pg. -.---~.--_. M---·___···_·_·_···____··_····___..._......h.....__...___......", "'"h.._...__._,_. _..._....._._...M... OR: 2764 PG: 07850 SECTION 1 PUBLIC MEETINGS Public meetings will be held at various locat~ons including available public buildings, or other locations convenient to the residents of the County. Meeting times will also be convenient to residents and held at night. SECTION 2 TECHNICAL ASSISTANCE Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. Groups or individuals needing tecIinical assistance should contact the County's Housing and Urban Improvement (HUI) Office at 941/403-2330. SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. "i " SECTION 4 PUBLIC HEARINGS At the beginning of the Consolidated Plan development process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of hearings. They are encouraged to participate in public hearings to obtain their comments. The public hearings held for the Consolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The hearings allow the County to "btain citizens' views, comments and responses to the Consolidated Plan-related proposals, n:qli1Ïrements, regulations, and questions. i. Revi~w' of Program Performance Hearing & Citizen Comment RE: Program Year C.A.P .E.R. (Consolidated Annual Performance and Evaluation Report) Submission A Program Performånce Hearing will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also pennits citizens to comment on performance and offer any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. AGEN[)A ITEM No. /tP(fFJ1 r; ___JAN Q 9 2001 ------·--·-----·--··-··.·----·_.______m..__............_.._~_... 80 OR: 2764 PG: 0785 2. Community Development Needs Hearing The public hearing to address the identification of needs will be held early in the program year to allow citizens to comment on or present their own project proposals. The hearing is presided over by Hill staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if any. 3. Notices of Meetings and Hearings The public will be notified of all hearings through the local media, namely the: 1. Naples Daily News 2. Immokalee Bulletin 3. Public Access Channel 54 Plans are underway to advertise via the County's Internet Website. Notices will be published approximately 10-15 days prior to each hearing. SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve the recommended list of activities for publication (for public comment). Following the review of the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to BUD. SECTION 6 PROGRAM INFORMATION The following information concerning the program is published in area newspapers: the amount of Community Development Block Grant funds available to the County the e1igible range and types of activities for which the funds may be used~ the date, time and location of all hearings; The information is disseminated in public buildings located throughout the County. Copies of the Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and reports, all minutes and records of meetings and hearings, Grant Agreements, monitoring rep01~fhO~dITE1 A' No. -(/I t:fr) J ----- -.- . .-. . JAM 01} 2001 OR: ~7~ PG: ßP applications for other programs, Consolidated Plans, Consolidated Annual Performance and Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 a.m. and 5:00 p.m. Monday through Friday. Copies of most items are available upon request at no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For, assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive, #145 Naples, Florida 34104 Phone: 941/403-2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.s. Department of Housing and Urban Development Community Planning and DeveJopment Division 909 SE First Avenue, Room 500 Miami, Florida 33131-3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HOO along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance. Following acceptance of the Consolidated Plan and execution of the grant agreement with HOO, the Count can amend its plan to carry out an activity not previously described or to substantially change the purpose, scope, location or beneficiaries of an activity. The, County has, pursuant to HUD regulation 24 CFR 91.505 (b), developed the following criteria for what constitutes a SUBSTANTIAL CHANGE: AGEND"ITEM No. ì{f t.A) I "jAN °49 2001 --.-- __·_.___m._._.__......._ . *** OR: "; 80 2764 PG: 0787 *** . 1. The County decides to change the purpose/stated objectives or beneficiaries of an activity. 2. The County decides to change the scope as it relates to the kind of basic eligible activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation priorities or a change in the method of the distribution of funds. 5. The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. . Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE Co11ier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessary depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by regulation, will serve to further maximize participation by the County's residents, especially those of lower income. 00-111 AGENDA ITE~ ) No. IIi cA- 10 JAN 0 9 2001 pg:-!1. 5 ---------- ..._~-_._--_._-_.._~-_..._-------_..._-.._._-_.....---..__.-....... -"-." Retn: CLBR~ TO THI BOARD INTBROFFICB 4TH PLOOR BIT 1240 2736585 OR: 2764. PG: 0780 RBC PSI RBCORDBD in the OPPlClAL RBCORDS of COLLm COUNTY, FL coms 01/11/2001 at 09 :28AK DWIGHT B. BROCK, mil . RESOLUTION NO. 2001 -...0..2- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE THE DEVELOPMENT OF COLLIER COUNTY'S FIVE- YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Community Development Block Grant (CDBG) program as an Entitlement Community; and . WHEREAS, HUD, as a pre-condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other community organizations in the development of Collier County's Consolidated Plan for utilizing the entitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as if set forth fully in this Resolution. BE IT FURTHER RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this c¡tl-¡ day of \T a..tì L-<.a..ry . 2001 after motion, second and majority vote favoring same. ",. ..... '" ./ . '. ATTE'ST: , .'~. . QWIGHT,E. BROCK, CLERK . :~{~:B·y:·~~;. "{jsM~D.~. . :' >,¡; :7jF.:':~tt~fPN¡y bJetiai,..,.'S ..... ," ':::; ~1gn~turl onl}. .... Approved as to form and ~I sU~cienCY: Patrick.G. hite Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. LORIDA By: 31.50 8.00 80 . AFFIDA VITS OF PUBLICATIONS FOR PUBLIC HEARINGS ~," - 88 - 80 . Consolidated Plan One-Year Action Plan FY 2005-2006 Collier County, Florida . 8D FY 2005-06 Collier County BUD Consolidated Plan One-Year Action Plan CDBGIHOMEIESG PUBLIC HEARINGS SYNOPSIS In conformance with the Consolidated Plan development process, public hearings were held to give the County's residents full disclosure of the amount of grant funds expected, funding programs and their operations. The hearings allow citizen participation and input for the development of the Consolidated Plan One-Year Action Plan. Notice of the public hearings was advertised in the Naples Daily News and Immokalee Bulletin and they were held in Copeland on October 21, 2004, in Immokalee on November 9, 2004, and in East Naples on November 18, 2004. The following were issues of concern expressed by the citizens of Copeland: · Replacement housing · Need for a One Stop Community Center that can also serve as a hurricane shelter · Road improvements The following were issues of concern expressed by the citizens ofImmokalee: · Rental housing rehabilitation · Special needs housing · Road and sidewalk improvements · Street lighting improvements · Educational job training · Asset mapping The following were issues of concern expressed by the citizens of East Naples: · Emergency shelter for a single parent with children · Transitional housing · Permanent supportive housing · Affordable housing for low-income and very low-income residents · Affordable rental housing While all the comments and suggestions will be taken into consideration, citizen participation shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program, plan, and any amendments. It') 8 N en~ .5 0 VI ~ 5 ~ +- :r 0 ::J :::J C. - L C .., .c .- C cu o u.. .~ C I :ë o I ::J += en c. f .5 C t t CJ .- 6) a: .5 =: C e _ 0 "'Cõ+= < ._ u _Vl< o .!!! .- e ~ ge8 g 0 N ._ \,J I I.L en 10 ~.5 8 C ~ N ::J 0 CJ ~:r::> E-.!!:r .!! ..a - 0 õ"'C \,J E- o ~ ~ < .... w w :r V) z ¡...t z CJ) ¡...t V) - .- CJ e w )( o I.L ...... 6) C o ..s: Q.. VI VI ~ L. "'C "'C < ~^ ~'- lr\ (v1 (.Q :.JO (1 ¡~ J ~II v, ~ ._~ ~ ~ "- ~ ~ C o += o N ·c o en L. o "'T J :r <!' v \J -....¡ ..... ~~ ~ . ~~ .~ ~ ~ 't~ ~,~ ~V \4 ~ ~,~ £ "~l ~ ~:~J ~ e CJ z r ~ ("') i -r S) .síÞ ~ C .- tit " ::J 0 Q. ~ :r 0 - .s: :r -0 tit ~ C ~ I ø L 0 C ~ 0 ~ tit ø tit L t) +- u -t tit 0 .- L C ~ .- a.. ~ e ~ -0 t) ~ ~ .- ~ > -a t) ~ .- a. u c tit ø +- ~ c c .- a LL L ~~ C a t ::J L o t) \,)-0 L t) ~ LL .- - ~ SJ an 8 N .. ~ N ~ a ::J c a t-;, ~~ '. ü1 ~~~~ ~~ ~ . ~ a" t,... ~ =:tt~.. ~ "':'~ i ~ ~ ~ Z ð ~ ~ ~ ~ ~~ ~(-:¿ ~ )~ e ~ ~.~ '!f~~~~ '" -_ ~ -0 ~ \ ~.JI ~~ Q =f ~ " ~ ~ ,~,.}... tt ,... :::\J ~ ~ .µ ~~ ¡:\ 'it. æ di~ 'a {) \\J ~':f '}..1(1 )( ~ . a :'} LL l' '"' '" (1J t) --.. C ."" o ~, f .~ tJj w :r U) Z 1-1 Z ~ 1-1 U) tit tit ~ L -0 -0 ~ ~~ '" ~t~ ~ ~ ~ l:"- t ~ ~ d \J c o ~ a .~ ~ a "- ~ " L ~ O'J ..........,. ~ ~ ~ "' " £ ~ ~ ~ :r- \. e \. ø ·.8 Z r ~ .~ ~. '-k ~~ vA i '"'- " ~ '~ ~~ 1 t~ .; ~~ ~ <!:5" ........ ~,0¡ ......." . ~ ¡! ~ '( -g.~ ~..\- ~ ~.~~ ~'""'\\ ~~ ~ l- S¿ ~ ~ <J ~ ~ \j\\ 1\3 ~ Ç( ~.~ ~ ~ .J-~ NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they . serve as the Assistant Corporate Secretary of the Naples Dally, a daily newspaper published at Naples, i~ Collier County, Florida; distributed in Collier and Lee countIes of Flonda; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue on September 30th, 2004 Affiant ful1her says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Flonda, and that the said newspaper has heretofore been continuously pubhshed m ~ald Collier County, Florida; distributed in Co1lier and Lee co~ntles oj Flonda, each day and has been entered as second class matI matter at the post office in Naples, in said Collier County, Flonda, for a penod of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paId nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of secunng thIs advertlsement for publication in the said newspaper. ¡Y. ~ ( Signature of affiant) Sworn to and subscribed before me This 30th of September ,2004 ,,-;,it~·\:r.~.;.~.. Harriett Bushona P"·rh.·::r:~ MY COMMISSION # 00234689 EXPIRES ;~'~,,(>"i July 24, 2007 ''''~~:,9r:r~~:-'''''' liONDED THRU 1'ROY FAIN INSUR.tNCf.INC ê ~ COLLIER COUNTY, FLORIDA (i) Clllzen P."'c'p"¡.~. C.onsoild"ed "....... Plan Devèll)pmënt Prøce$S PUBLIC NOTICE PUBLIC NOTIC~ IQUAL "OVS'N_ O....ORTUNITY Collier County is developing its Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP is a document, which is used to guide housing programs and non-housing community planning for fiscal year 2005-2006. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very low, low, and moderate-income persons. The One-Year Action plan will be used to determine expenditures on program projects for fiscal year 2005-2006, which is the final year of our current five-year plan expiring at the end of FY 05-06. Anticipated Yearly Brant: Approximately $3,250,000 CDBSEligibleActlvltles: acquisition of real property; acquisition, construction, rehabilitation or installation of public facilities and improvements; clearance, demolition, and removal of building and improvements; and provision of public services and facilit¡es.inac90rdanc~ with 24 CFR § 570. Approximately 100% of the total allocation wIll bene.flt low and moderate- income persons. HDME ElIgiblll,Activitles: rehabilitation of owner-occupied homes, tenant- based rental assistance, and downpayment assistance. The County must invest (set aside) at least 15 percent (15%) of its total HOME allocation in projects that are owned, developed or sponsored by Community Housing Development Organizations (PHDOs), and which result in the devèlopment of homeownership or renter units. In accordance with 24 CFR § 92 the County is able to undertake a wide range Of activities under these programs that benefit low-inconte people, or are located in areas where the majority of the people living there are low-income. ESSElig1b11l Activities: increase the number and quality of emergency shelters ,and transitional housing facilities for homeless individuals and families, to operate these facilities and provide essential social services and homelessness prevention activities. Citizen Input: The purpose of the public hearings will be to solicit citizen views on Collier County's housing and community development needs including priority non-housing community development needs for the purpose of developing a Consolidated Plan One- '(ear Action Plan for FY 2005-2006. The public hearing wlíl be held at three locations: "Thursday, October 21, 2004 'Tuesday, November 9, 2004 at 6:00 p.m. at 6:00 p.m. First Baptist Church of Copeland Immokalee Community Center 900 Church Street 321 1 st Street Copeland, FL Immokalee, FL "Thursday, November 18. 2004 at 6:00 p.m. East Naples Community Center 3500 Thomasson Drive Naples, FL ·A Spanish-speaking interpreter will be available at both meetings. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 403-2330, no later than two (2) days prior to the Public Hearing date. NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personaJly appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily a daily newspaper published at Naples, in Collier County, Florida; distributed in ColJier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue on September 30th, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and thaI the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a peliod of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~ _---f ( Si~ature of affiant) Sworn to and subscribed before me This 30th of September ,2004 ÃdJ- ß~ (Signature of notary public) (l "\,';..~I'~ ,,, . .,~o1""·i'.~(:';-_ Harnett Bushong r:(~':~:l MY COMMISSION # 00234689 EXPIRES '-;>~;f;"'< July 24, 2007 ""8f I~~'~" flONDED THRU TROY FAIN iNSURMKf. JNC ~ ~ ~... ~ PUBLIC NOTICE PUBLIC NOTICE . 'lit EQUAL HOUIING O"PO"T~"I'Y COLLIER COUNTY, FLORIDA . PartlcipacJð,. DeiCiudacia.no- Proce.o consoUClado Del Desarrollo Del Plan EI condado de Collier está desarrollando el Plan Consolidado un Plan de Acción del Año. EI Plan Consolidada (Consolidated Plan CP) es reqUf3rido por el Depar- tamento de Vivienda y Desarrollo Urbano (U,S. Department of Housing and urban Development HUD). EI Plan Consolidado es un documento, que se utiliza para el indiquealbergando los programss de vlvienda y para no-planificación de cowun- !dad de envoltura para elaño fiscal 2005-2006. Las metas del Plan Consolidado son: proveer vivienda decente;proveer un ambiente adec::uado y coñveniente; y ampliar as oportunidades econó~icas para ~ersonas ~7 ingresps muy bl;ijPs, bajos y moderados. EI plan de Accron de Un Ana será utfhzado para deterrfunar gastos en los proyectos del programa para el año fiscal 2005-2006, que es el añoflnal del plan corriente de cinco años que se vence al fin del año fiscal 05-06. La Beca Anual Anticlpada: Aproximadamente $3,250,000 COBB L/!s Actlvldades ElelJibløs: la a~.qui~ición ~e la pr~piedad v7.rdadera; adquislción, construcClón,.rehablhtaclón la Instalaelon de facthdades y meJoras públicas; separación, demolición, y retiro clel edificio ycle las me- joras· y disposición de servicios púb/icos y de reeursps d~ àCu¡¡¡rdo con 24 CFA '§ 570. Aproximadamente 1 OO%qel total de la asignación beneficiará a personas de ingresos bajos y modèrados. HOME Las Actlvldades Eleg/bl,s: reh¡ibilitación delos hogares habitaclos por el propletario, asistencia de rlilnta basada . arrendatario, ya,sistencia .c()n iii pago inicia!. EI Condado tiene que invertir no !TIanos de 15 par ciento (19,,/<» de su asignaclón total de HOME en proyectos que son pOSèrdo,desarròllado. y patroclnado por la organizaciqn de viviendas de~arrolladllSÓ (Ç0'TII11I,lP ty Housing Development Organization CHPO's) y qf.l~ re$,Mlt~n enelde$ärrolfo de vlviE!ndas propias 0 uni~acles de rentE!. (hOmeo)IVñi¡lrsl'1lpQrre,nt Its), De aèuerdo c::on24 CFA. § 92 el Condl;ídg¡es capazdEl EI rld..r: .. 'rø:n variedad de activiQades bájo e~tosprQgraf1Jas que I:!ertef .. ä'Þ!å s t;le bajos ingresos 0 están locall~adösèn áreasdondelal'Tia r a.Qe hii' teque reside allr son de bajos ¡ngresos. . E$B Las Actlvldades Eleglble,:Aumentar et nymE!rQ Y c!,laU~aQ de refugios de· emergenclà y facilidades de vivièndas transltötlas para lä$pi:!rsq~~~"Yf¡;UTImas sin vivienda, paraproveer estasfaclll.dàdes y servicios sóciá/$$ eSElncläfÈ'!$ Y actividades de prevención sin vlvienda. Publico Oyente: EI propósito de esta audiencla pÚblica $E;!r~ para splic.ité!,r las opiniones del ciudadano sobre las necesidades de vivienda y eJ desarrollo de la comunidad en el Condado de Collier incluyendo de prioridad los program- as de vivienda de no-planificación de comunidad con el fin de desarrollar un Plan de Acción Cönsolidado Plan de Acción de uh Año para el Año Fiscal 2004-2005. Laaud/encla será lIevada a cabo en tres IDcal/zac/ones: . Jueves, Octubre 21, 2004 *Martes, Noviembre 9, 2004 6:00 P.M. 6:00 P.M. First Baptist Church Immokalee Community Park 900 Church Street 321 N. 1 st Street Copeland, FL Immokalee, FL *Jueves, Noviembre 18, 2004 6:00 P.M. East Naples Community Center 3500 Thomasson Drive Naples, FL . Un intérprete de habla hispana será disponible en todas las juntas. Si usted requiere asistencia especial 0 servicios ofrecidos bajo el Acto de AmericanoslncapaCltados, 0 si requiere asistencia con traducciones 0 traduz- ca en el idioma del signo, por favor lIame al Departamento de Administración Financiera y Vivienda al (239) 213-2937 no menos de dos días antes de la reunión. 9mmokalee Ijulletin P.O. Box 518 LaBelle, FL 33975 ,ij, '",' 8D . Affidavit of Publication State of Florida' County of Hendry Collier County Housing and Urban Development I hereby certify that a Citizen Participation Consolidated Plan Development Public Hearing EI1Qllish & Spanish display ad was placed in the Immokalee Bulletin September 30,2004 ~~~ / f ;' /r-<-« , I Notary Public Barbara A. Cal e. #00262652 __,'"-;;';Yt4",,, Barbara A. Calfee =~~.~'f':. Commission #DD262652 ~;:. '{J':;~ Expires: Oct 28, 2007 ......'~itåF r:.ò~~,,~ Bonded .Thru '/ 1111'\ At'antic BondIng Coo. Inc ._~------~- 9mmokalee Bulletin P.o. Box 518 LaBelle, FL 33975 . 8[ Affidavit of Publication State of Florida' County of Hendry Collier County Housing and Urban Development I hereby certify that a Citizen Participation Consolidated Plan Development Public Hearing Enqllish & Spanish display ad was placed in the Immokalee Bulletin September 30. 2004 -~ßfr-4 4~~ / Notary Public Barbara A. Cal e. #00262652 ,';J:~~II" Barbara A. Calfee :~~~\ Commission #OD262652 ~:;. ~.:;~ Expires: Oct 28, 2007 "'''''~;'¡ 0; ;:...ë~~...;: Bonded .111m 11111\\\\ At1e.ntic Bondmg Co" lnc 9mmokalee Ijulletin P.O. Box 518 LaBeJle, FL 33975 Affidavit of Publication State of Florida' County of Hendry Collier County Housing and Urban Development I hereby certify that a Citizen ParticipationOne Year Action Plan Public Meetina Enallish & Spanish display ad was placed in the Immokalee Bulletin February 3. 2005 ~,A Gf --;;,,,~p,",;, ",<\¡'K~>" Barbara A. Calfee Barbara A. alfee. #00262652 !:"""'~:, Comm'..'" !DD262652 )t, J'¿IA.U<A'¡J "¿;:¡ ..- ~_~" '<!l/ ExpIres: Oct 2S, 2007 oL. 00.:) ..,¿"iò;;...o~" Bonded Thru Date '111.'\\ At1antic Bonding CO., Inc. . so .:~~.~"cöqtf'fj;.r"t).'.Ai' ';::". \=ç' ',," ..,... ~:Jt.~'n~artlc:ip~t.Ø~<y'.. ~,!"'g"e·Ye.J \ctl )ß PI."8 f.,. ',.', ._ _,-, _ ,,-,_.;:. , , " .,,_-,:-_.-'>'-?_'-,:> -.::-.': 1.~~~H~~~g~v~~~~ffi~A~t:s~~:~~~~t;:J;~~: I Thè. 'C(1)SO..ñda. ..tedWIIII... ,(C.'.!,) is a,' 's-y.ear.. P.hIñìún..,. ". $.-. tool,. ,w..m.·èh..,l,·.S,.,Used..· '.to..' gUt. ·de... h,OUS.. .in!!. IJldl1OllfhOU$Ulg ~umty d~opp1ent actl~1:Íel!.·.11ie ~ óf ~CPare to,: pro- ì vide; dec_~t IÚfQt~ple h,mìâiDg; prov:r¡:]e !I. S\ûtllbk .li'ving,fl111.író:!1m,e,ntõànd ~and l!e'O' ! J10JIÚC ~tles forveyylow; l¡m.and mPdeJ'ate-mc~Ji'~¡ l .s,TheOne'Yeax . Actlçm 1Ifan will imp!~tthe ~ of theCansoIidated Plan-forfisc;al. y-e~ 2005: i 'Ì~°Éi~c;<;WÕ~~ö2°np1ànWill!nl;. used tl1 *t~expeq4i~e!l ~q.lI.cti.vitit.! \ 1JUD alloc~ò11S F¥ 05-06: $3,5;24,802 i l CDB...G. . Elùttbl.'. . e ActMtÎe$ ~clude: lI,t,quìsition of. re. al PI'. ~ a,.' Cq\liSl.>ti.on, to,n. .,stm. c· tlon. rebaEí:ilitatian or installation of Public facilities: àriaim,provemeuts; cleaI<lI1ce dej1lOlition,ánd.reIItQva1 of buiklingana impI'O-Vl!I11erits; and provision o(public semc, es and ~cilities in accordance with 24CFR § 570. Approxim.a~Y 100% of me total allcr ClitiOn Will benefit low IInd riloderate-Ì!1come persons. 'ROME Eli~b1e Activities: rehabilitation of owner-occupied homes, timant-baseè rental assistance, and downpayment assistance, The County will set aside at least 15'J\ of irs tòta! 'ROME allocation fOf projects that are. owned, Cleve:!. oped Of sponsored b. ) Community Housing Development Organizations (CHDOs), and which result ín tht devel~t of homecwnership ot rental units. In accordance with 24 CFR § 92 th~ County is able to undertake a wide range of activities under the&e programs that bene fit 100v,incQme people, or are located in areas where the majority 'Of the residents arE low-income, .' Citizen InpUt:The purpose of this meeting will be to solicit public ínput C,n die çom munity's housing, community and economic development needs for the purpose 0 developing II One, Y e¡¡r Actiøn Plan for FY 2005-2006. The public meeting will be held dUrin~ the: Affordable 'Rousing Commission meetmg at 8:30 a.m. Thmsdáy, Februar}' 10, 2005 2800 North Horseshoe Drive Room 610 Naples, Florida 34104 A Spronsh-speaking interpreter will be avai1abie at the meeting. If you require special aid or services as addressed in the Ainericans with Disabilitie& Ac or require someone to translate or sign, please CQntact we Collier County Financ~ Administration and Housing Depamnent at (239) 213-2901, no later thaíi two (2) day !'Por to ~be Public Hearing date. . For addítional information please contact SUsan Golden,. fed¡::tal/State Gtant Administration Manager at (239) 21~- 2901 or susaÌ),iIQ den@col1i~g.ov net aU. .......;...... "U'J,"fi.1 ''Uó:I~Ô-·\;&Jr;.'''.u:n':''',-Q -;..~.~_ ~!;;....;.. _T'>;':_-~L~"':'I-' ~_i. ';L:_'-.I__-...;..:;,;;:;,.' a-,1.,i...:;-ø_.i"f1"ç.. 9mmokalee Ijulletin P.O. Box 518 LaBelle, FL 33975 Affidavit of Publication State of Florida' County of Hendry Collier County Housing and Urban Development I hereby certify that a Citizen ParticiDationOne Year Action Plan Public Meetinq Enqllish & SDanish display ad was placed in the Immokalee Bulletin FebrlJarv 3, 2005 ~ ,A rfr --;;,,," ,"", "'~~'~>" Barbara A. Calfee Barbara A. alfee. #00262652 [~""""'~~ Commission #DD262652 )t~ '1/ () ""0 ,,- ~.;" ~.~:f Expires: Oct 28, 2007 _~~ d- _ ~ V' ~ ~~::;òi;\.~~~"" Bonded Thru ' Date Illill\ Atlanlic Bonding Co., Inc. ,.... 80 . ,':......;...~...è..".:.ft.. '.".·..'U... ·O...'...·A. ,.'1.."·.'.'1"''''''''; D'.'... :1·..·...>.,·0'······ '.'O.'··."'.','L.··.,..I..I'...R.:.,.........:...'.'.'.:.:.'.. ..~...'.. iI. .......> 'i·,:..rtåèipaç.....ri.ctel..··.·t:I:dad.~ø';'·.'·,··,...·:",' :."..... '.' .. ·1!~þc~~~JII~\\-;~~:9I1~l!i ..~..:: 4tC;~ ;..' âèS~' . Pi~;~Acciori ç1clAiio, ,~pr¡jçeílo~~budliZ .. ,d¢A¢l;i9~:.. .~porel~t~;!iI¢YiVj~ 'PePanInent . :Ø~MdtJ1'DànD~elppl:l\~t"'HUD)·fËlPlan d Pl¡¡¡¡.. q» ,~ un4oçiui;ènJ;\;rQtJe s¢tJtiIíZi p~!lPrOYea~r glÚl!'(' iji) de,l~:¡;o niliâcl(! 1~~alo!f:þ~aeVÌ\>Ît!!.dliy . ....... . .cøn'\'indi, tašmeta$d~flanConsblièLiaosøn:,prO)?oi:'çiøpar ,~,\l11 \UDbi~wa~~ .. ç~nveDiente,y¡unpJiar làsclpQttUnidadC$ '..,...........................'....... ........'..p...e1'SO...,... ...m!,'. II..... . ..' , .. ..'y'.....l:í..~,..!'$;. .....10. 8J,9.8.... Y..n')¡.Odera.dO....,s..'.. EI..,...."pl..an.,.de...Ac.. t...i.Ó. .n.,de..,' fí¡:,~., 'enp;A¡;~lps Plan Cona6lidadopar~elat\ofiscal20()5-2006.EI f~aÄ 'Qe.,~~ sera.1¡~para de~ertntø.ei gai!tos enlM~yecros dtl ptogra·· ~pàr lel!lßOffi¡Cå1200.5'2006, '. .... .'. .... . . þ~~þnJ1lØJUi~d¢ Hl1DP8l .el aj\o fi8CI!12Q0.5-2006:$3,5~4.so2 tis !1ciÍVl4ad4$ el~b1eain.ch.1yen,bajo el.pròg,..ama de C)):Bq (Ptog,..aJuadeÐeailrl:Ono dëla:QmtUni.dad); ií,flq~ci~ de' próþi~d veJ;'dadera, adqmsiciOn, constrUcciOn, reba- bili~ci4n !) in~n de fàcálidades y~eJora püblicas; despOJO, deroriliciOl1. y¡:et4'9de edi- ÍiçiØé y de Ja$. j¡lejorae;y disposid()n des~ciOSpÜbJíC08. y de reClJrsos de actJerQo COn el Ç:~gc de ReS\1JáciQ 1e$Federales. 24 CFR !;\570.Aproximadaménte 100% del tota! de Is J!Signaci6n berie£icial1l a personas de ingresos bajos y moderados. La acthídades e!egJblesincltJyen, bajo el programa de HOME (Progratna de. InversiOn de Casæ; y Ptopliilades): reliabilitación decåsas ya ocµpadas por dtJei\os, asistencia de iùquiJer, r. asistenCia. de pagos ioiciales hacia una propiedad. . El condado pondra a tJn lado tJn ),5. 0/<.' de la asignacionde HOM. . E para ser utilizados en proyectos que han. sido desarrollados, þatrocinados y que sonpropiedades de Organizaciones de Desarrollo de Viviendas de la ç:oniunidad (CHPO- ComnltUlity HotJsing Deýelopnient Organizations), y qtJe reSlÙtan en Çl desarrono de f!l"opiedades de casas 0 1IIÚdádes de alqtúler, De actJerdo con el Código de fteglÙaciones Federãles,24 CFR!;\ 92, el condado þtJede administrar una vasta cantidad de actividades DaJo estos programas qtJe beneficiarãn a personas de bajos ingresos, 0 que estan localizadas en ãreas donde la mayoria de los residentes son de bajos ingresos, Comentw,Q Púþlico: El obJectvo de esta reuni6nes para soJicítar comentarios del púbJico en 10 C{l1C se re£ier¢ a I.a vivienda de là comm1idad, el desatrollo econoltÙco de la çomunidad y stJs necesidades, con el objetívo de d¢sarrollar unPlàn de Acción de wi Año para el wo fis- cal 2005-2006., " La reilllÌÓn púbJica se llevara a cabo durante la retJnion del Affordable Homrlng' Conunission, a Jas 8:3() a.m. el dIa Jueves 10 de Febrero del 2005, en el2S00 North Horseshoe Drive, CUartO 610, Naples, Florida. 34104. Un interprete de ,habla hispana esrara disponibJe en esta reuniOn, 5i usted reqtJlere aytIda 0 s~cíos especiales asl como IDS que especifica. eJ Acta de Americanos con Incapacidades (Americans with Disabilities Act), 0 requiere que algtúen Ie rradl.J2:ca en· stJ idioma 0 lenguaje por señas, por favor póngase en coneacto con el pepartamento de Adnrinisttación Financiera y Viviepda (F AH) del Çondado de Collieral nÚInero (239) 213-2901, no ¡ná.s tarde de dos (2) dIas antes de la fecha de la AtJdiencia pjjbJica. . para mås informaciOn por favor pongase en contacro con StJs.m Golden, FelieráIlState Grants Ad11ùnistracton: ~anager, llamandola aJ (239) 213-2901 0 enviele \.Ill correo electronico a µ'L'J"-~·'-'.- qr.,."",.,.." .-.,....- '---...-"-........... ~~..._....."".,,, NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says thai they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper time(s) in the issue on February 26th, 2005 Affiant further says that the said NapJes Daily News is a newspaper published at Naples, in said Collier County, Florida, and that 1he said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding tile first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of seeuring this advertisement for publication in the said newspaper. ).~ ( Sigrlature of affiant) Sworn to and subscribed before me This 28th, February 2005 "''ò:y.W.f~;2·. Harriett Bu~hona :;~., t):} MY COMMIS~ION f! DD23~669 EXPIRF~ "''é.",_~-8.'- .. . J1) Iy LA, 200/ ,;,~" 3'._;\lDfr. ';".:R~ I T1::0\ j'" t,I~1 '~,'~1 !~/, ~,;;-~ i\1( -~-"^ ----...--,...-..".--... ", . '.rA , ), , Ow Q .e...."_-· Agenda Item No. 9A April 12, 2005 Page 1 of 42 --- EXECUTfVESU~Y APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUÇTIVITY COMMITTEE OBJECTIVE: To appoint 2 members to serve 2-year terms, expiring on February 4,2007, to the County Govemment Productivity Committee. CONSIDERATIONS: The County Government Productivity Committee has 2 vacancies with the terms expiring on February 4, 2007. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 10 interested citizens: APPLICANT CATEGORY DlST ELECfOR AnV. COMM. Sheila K. Clarke Marketing, Public Relations 4 Yes None Anthony La Paglia Marketing, Consulting 1 Yes None William J. Varian Construction, Ex Bd of CBIA 5 Yes None David E. Bryant Attorney 2 Yes None Ludwig J. Abruzzo Attorney 3 Yes None John F. Barlow, Jr. Retired President & CEO of Safelite 4 Yes None Autoglass and Western Auto Stores James Alward VanFleet Ph.D. Economics 3 Yes Hispanic Affairs Adv. Board Beverly KronQuest Part-time Dial-A-Nurse 4 Yes None William Wi11k:om.m, III Co-owner of Real Estate Finn 4 Yes None Robert 1. Marino I.T. Software Research & Development 4 Yes None COMMITTEE RECOMMENDATION: John F. Barlow, Jr. -new appointment James A. VanFleet - new appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE ..'--.... Agenda Item No. 9A Apri/12,2005 Page 2 of 42 RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confinning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 12, 2005 Agenda Item No. 9A April 12, 2005 Page 3 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 9A Appointment of members to the County Government Productivity Committee. 4/12/20059:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 3/23/2005 2:00:06 PM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/28/2005 5:01 PM Agenda Item No. 9A April 12, 2005 Page 4 of 42 (i) MEMORANDUM FROM: Sue Filson, Executive Manager Board of County Commissioners f\ A \ Debbie Wight, Assistant to the County Manager W TO: DATE: March 17, 2005 SUBJECT: County Government Productivity Committee Membership Recommendations to the Board of County Commissioners The Productivity Committee has reviewed the 10 applications received for two (2) vacancies on the County Government Productivity Committee. Applicants were evaluated based on their potential contributions to the Committee. Members of the Productivity Committee determined two applicants are superior in qualifications and availability. The Committee recommends the following two (2) applicants for appointment: NAME TYPE OF FIELD OF EXPERTISE APPOINTMENT John F. Barlow, Jr. New Appoinunent Retired; formerly president and CEO of Safelitc Autoglass; fonnerly president and CEO of Western Auto Stores James A. Vanfleet New Appointment Ph.D in economiCS; formerly senior urban CCODOJDÍSt, dqluty director, and director of foreign U.S. aid program missions abroad for the United States Agency for International Development, State Department; former dean of University of Toledo; former associate provost at University of North Carolina The Committee does not recommend the following seven (7) applicants for appointment: NAME TYPE OF FIELD OF EXPERTISE APPOINTMENT Ludwig J. Abruzzo Attorney David E. Bryant Attorney, fonner Assistant County in Collier Countv Sheila K. Clarke Marketing. public relations Beverly Kronquest Employed part-time for Dial-A-Nurse Anthony La Paglia Semi-retired; corporate officer (Bausch & Lomb\:· COnsultin2 Robert 1. Marino Semi-retired; information Iœbnology, telecommunications, software research and development; member of New York Stock: Exchanœ Board of Directors William Co-owner of real estate firm Perfect Willkomm, III Properties in Naples Agenda Item No. 9A April 12,2005 Page 5 of 42 The Committee was advised by the County Attorney's Office that one (1) applicant is ineligible for membership on the Productivity Committee because of his membership on the Executive Board of the Collier Building Industry Association, an entity that has filed a lawsuit against Collier Cowrty. Ordinance 2001-55 dictates he is ineligible for membership on county advisory boards: NAME TYPE OF APPOINTMENT FIELD OF EXPERTISE William J. Varian Wm. J. Varian Construction Co., Inc. ,~r--.. Agenda Item No. 9A April 12, 2005 Page 6 of 42 County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Albin A. Kozel, Jr. 01/28/03 5308 Hawkesbury Way 596-5020 02/08/05 Naples, FL 34119 E-Mail: naplesdal@aol.com District: 3 Category: Marketing; Strategic Planning & Program Mgmt. Mr. Frank Halas 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: District: 2 Category: Vice-Chairman 774-8097 01111105 VACANT 10/14/03 Naples, FL E-Mail: District: Category: Ms. Helen C. Philbin 01/13/04 5784 DeauvilJe Circle, #301 775-3772 Naples, FL 34112 E-Mail: hphilbin@comcast.net District: 1 Category: Gov't, Budget, Zoning Compliance Mr. Matthew Hudson 321 13th Street, S.W. Naples, FL 34117 E-Mail: mhudson@viprealty.com District: 5 Category: Realtor 403-7777 04/13/04 354-2769 02/08/05 Wednt!$day, Febnuuy 09, 2005 Page 10[3 02/04/05 02/04/07 2 Years 2 Years 01110/06 1 Year 02104/05 02104/06 2 Years 02/04/05 02/04/07 1 Year 2 Years County Government Productivity Committee Agenda Item N~. 9~-¡ April 12, 2005 I Page 7 of42 I ! ! Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Janet Vasey 01/12199 4398 Longshore Way North 598-4378 01113/04 Naples, FL 34119 E-Maü: District: 3 Category: Budget & Financial Anaysis Mr. Joseph B. Swaja 394-4599 04/24/02 460 Battersea Court 394-4599 01113/04 Marco Island, FL 34145 E-Ma;l: joeswaja@aol.com District: 1 Category: Development of Strategic Objectives Mr. Sydney E. Blum 594-7880 10/14/03 237 Burning Tree Drive 261-1855 02/08/05 Naples, FL 34105 E-Mail: eescool@earthlink.net Districl: 4 Category: Job costing; Mgmt Styles, Efficiency Training VACANT 01/27/04 Naples, FL E-Mail: District: Category: Mr. Stephen A. Harrison 821-5180 01127/04 4255 Gulf Shore Blvd, N. #1506 435-1869 Naples, FL 34103 E-Mail: saharison@aol.com District: 4 Category: EconomicslFinancelMarketinglCP A Wednesday, Feb1TllB'1 fJ9, 2005 Pøge2of3 02/04/00 02/04106 02104/04 02/42/06 02/04105 02/04/07 02/04/05 02/04/06 1 Year 2 Years 2 Years 2 Years 1 .5 Years 2 Years 2 Years Agenda Item No. 9A April 12, 2005 Page 8 of 42 County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term HoflU! Phone DateRe-appt 2ndExpDate 2nd Term Mr. Staney E. Farnham 10/14/03 919 Tropical Bay Ct. 354-1240 10/14/03 Naples, FL 34120 E-Mail: sftums@aoLcom District: 5 Category: Strategic Planning; ManagementlRetired Mr. Dexter R. Groose 659-0489 01/22/02 5202 High Street 659-0389 01113/04 Naples, FL 34105 E-Mail: dxdotcom@earthlink.net District: 4 Category: Performance Analysis & Value Analysis 02/04/04 02/04/06 4 months 2 Years 02/04/04 02/04/06 2 Years 2 Years This 11 member committee was created on 01120191 by Ord. No. 91-10 (amended by Ord. No. 93-13. 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of the BCe serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. FL STAT Staff: Debbie Wight, Assistant to County Manager: 774-8383 Wednesdtq, Febrruu'JI H, 200S Page~ofJ MEMORANDUM DATE: March 7,2004 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda Item No, 9A April 12. 2005 Page 9 of 42 The Board of County Commissioners will soon consider the following individuals for appointment to one ofthe county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COUNTY GOVERNMENT PRODUCTIVITY COMM COMMISSION DISTRICT Sheila K. Clarke 4301 Gulf Shore Blvd., N #504 Naples, FL 34103 ~ I :5 a 3 ~ 3 Anthony La Paglia 570 Elk Circle Marco Island, FL 34145 William J. Varian 210 31st Street, N.W. Naples, FL 34120 David E. Bryant 2238 Arbour Walk Circle, #1822 Naples, FL 34109 Ludwig J. Abruzzo 264 Glen Eagle Circle Naples, FL 34104 John F. Barlow, Jr. 4351 Gulf Shore Boulevard N, #19N Naples, FL 34103 James Alward Vanfleet 184 Spring Lake Circle Naples, FL 34119 RECE.\\IE.O ~~~ \1 ß 'Z.OOS ~ I308td ot countY ----.... ;¡ Beverly Kronquest 1398 Cooper Drive Naples, FL 34103 William Willkomm, III 227 GulfSbore Boulevard, South Naples, FL 34102 Robert J. Marino 3032 Castalain Court Naples, FL 34105 Thank you for your help. ~ ~ ~ Agenda Item No. 9A April 12, 2005 Page 10 of 42 RECE.\\lE.O "'~~ ~ ~ lf$fJ ~ ~ 0' cou1\\'f MEMORANDUM Agenda Item No. 9A April 12, 2005 Page 11 of 42 DATE: March 7, 2005 TO: Debbie Wight, Staff Liaison County Government prOductivityJfCo ·ttee Sue Filson, Executive Manager Board of County Commissione ¿. FROM: RE: County Government Productivity Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sheila K. Clarke 4301 Gulf Shore Blvd., N #504 Naples, FL 34103 Anthony La Paglia 570 Elk Circle Marco Island, FL 34145 William J. Varian 210 31st Street, N. W. Naples, FL 34120 David .E. Bryant 2238 Arbour Walk Circle, #1822 Naples, FL 34109 Ludwig J. Abruzzo 264 Glen Eagle Circle Naples, FL 34104 John F. Barlow, Jr. 4351 Gulf Shore Boulevard N, #19N Naples, FL 34103 James Alward Vanfleet 184 Spring Lake Circle Naples, FL 34119 Beverly Kronquest 1398 Cooper Drive Naples, FL 34103 William Willkomm, III 227 Gulf Shore Boulevard, South Naples, FL 34102 Agenda Item No. 9A April 12, 2005 Page 12 of 42 Robert J. Marino 3032 Castalain Court Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory conunittee within the 41 day time-ftame (AprilI8~, and I will prepare an executive sununary for the Board's consideration. Please categorize tbe applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of2 Agenda Item No. 9A April 12, 2005 Page 13 of 42 filsOl1_s 4t From: advisoryboards@collergov.net Sent: Tuesday, March 01, 2005 3:25 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamlaml Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 A.-t~1 -} . ,'; . . '. , ~"I / March 01 , 2005 Application for Advisory Committees I Boards Name: Sheila K. Clarke Home Phone: 239-403-8171 Home Address: 4301 Gutf Shore Blvd. N #504 ~ City: Naples Zip Code: 34103 Fax Number: 239-403-4719 Business Phone: No information provided. Ernail Address: FEST704@aol.com Place of Employment: No information provided. How long have you lived in Collier County? 5-10 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Productivity Committee Category: (if applicable) No information provided. e Do you currently hold public office? No 3/112005 Page 2 of2 Agenda Item No. 9A April 12, 2005 Page 14 of 42 e Do you now serve. or have you served on a Collier County board or committee? No Please list your community activities: The League Club, Board of Directors - PR Chair; Kensington Country Club, Board of Governors; Springfield IL Convention & Visitors Bureau Board of Directors; Springfield, IL Mayoral Transition Committee; Copley First Citizen Selection Board; Community Volunteer Center Board of Directors; Salvation Army Board, PR Chair; Lincoln Academy, Co-chair; Arkansas Easter Seals, Telethon Coordinator & County Chair; Junior League Board - Corresponding Secretary, Old Fort River Festival Chair; Committees to elect Springfield Mayor, Economic Development Chair; County Circuit Clerk, PR Chair; Illinois State Reprsentative, PR Chair. Education: Attended Purdue University, Danville IL JlI1ior College and Indiana State University - Experience I Background: City of Springfield, Marketing Director, Office of Economic Development - Developed and implemented marketing strategies for economic development, TIF districts and enterprise zones. Researched business development, retention activities and marketed business development programs. IL Department of Public Aid, Assistant Bureau Chief, Bureau of Research & Analysis - Monitored persomel transactions, budget preparation and program development. LincolnFest, Inc. Executive Director - Developed and implemented marketing/promotional programs, directed all public relations, developed and administered budget. Coordinated services of city and state agencies. Coordinated 85 committees. - 3/1/2005 Page 1 of2 Agenda Item No. 9A April 12, 2005 Page 15 of 42 filson_s -- From: advlsoryboard8@colllergoy.net Sent: Tuesday, March 01, 200512:12 PM To: filson_s Subject: New On-Une Advisory Board Application Submitted. t(.Lþl'l £~ ~. . .",,, þ '; . ... . . :...' .~... ~. -4' ~ / Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax:(239)77~02 ~ March 01, 2005 Application for Advisory Committees I Boards Name: Anthony La Paglia Home Phone: 239-394-8145 Home Address: 570 Elk Circle City: Marco Island Zip Code: 34145 ~ Fax Number: 239-394-8145 Business Phone: 239-398-3952 Ernail Address: ablapagliaco@aol.com Place of Employment: self, semi retired How long have you lived In Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: County Gov Productivity Committee Category: (if applicable) No information provided. Do you currently hold public office? No - 3/112005 Page 2 of2 Agenda Item No. 9A April 12, 2005 Page 16 of 42 - Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards I committees: Character Council of Collier County Yes Please list your community activities: see resume Education: Baccalaureate, St. Bonaventure University Experience I Background: business, see resume - - 3/112005 Agenda Item No. 9A April 12, 2005 Page 17 of 42 4t 570 Elk Circle Marco Island Florida 34145 PHONEIFAX 239.394.8145 CELL 239.398.3952 E-MAll.. ab1apagliaco@aol.com ANTHONY J. La PAGLIA Professional Objective To maintain business involvement, utilizing my experience, insight and ability as a consultant. Qualifications Sum mary · Proven record as a chief executive officer and president capable of creating successful and profitable businesses nationally and internationally. · Recognized as an innovative leader and developer of programs in both profit and non-profit organizations. · Broad technical competence and leadership in directing complex engineering and manufacturing programs. · Launched extensive sales and marketing campaigns. Career Experience .~ LaPaglia & LaPaglia and Company 1995-present A consulting partnership, addressing the needs of business and education in a developmental capacity. Opkor Inc., Rochester, New York 1991- 94 President and Chief Executive Officer A start-up company dedicated to designing and manufacturing a wide range of optical products for industrial and medical applications. Core technology: injection molding and thin film deposition. Recognized internationally as a product innovator for its development of complex products; namely, its high performance laparoscope involving film depositions and robotics assembly 002 complex lenses. · Led Opkor from infancy, remaining a director until acquisition by OCLI Inc., a California firm, in 2001. Geltech Inc., Gainesville, Florida 1989-91 President & Chief Executive Officer A start-up company funded by venture capital and US Government grants, originating at the University of Florida. Core technology: chemical derivation of silica materials in multiple forms using the "sol gel" technique. · In addition to optical components, produced a powdered form of silica widely used in the semi-conductor industry. · Secured four license agreements and strengthened market position with 45 pending and applied for patents. · Received a Photokenia award for innovative product development in optics. - ______~""'*.""_,o"._,."..""=___",...."""'__~~,.,,~ ' Agenda Item No. 9A April 12, 2005 Page 18 of 42 - Consler Corporation, Rochester, New York 1985-89 President and Chief Operating Officer Manufacturer of air, gas and liquid filters. · Established marketing plans that improved distribution strength and enhanced consumer awareness with ongoing additions of new products through development and acquisition. ICE Communications, Rochester, New York 1983-85 Executive Vice President and Director A marketing services organization serving a broad base of industrial clients. · Procured new business, providing clients with business pIan development, market research, strategic planning and advertising and support materials. Bausch & Lomb Inc., Rochester, New York Corporate Officer, 1976-83 1963- 83 · President, Instrument and Systems Division, 1981-83 Business spanned broad applications employing spectroscopy, microscopy, image analysis, metrology and metallurgy. Revenue exceeded $210M with operations in 25 US and 24 international locations. Led the formation and development of a new operating division; integrating marketing, sales and service groups trom four existing operating instrument divisions. · President, Analytical Systems Division (ASD), 1976-81 Marketed and manufactured instrumentation in spectroscopy, metrology, image analysis and other opto-electronic products on a worldwide basis. e · Vice President of Marketing, ASD, 1968-75 Established sales and service operations worldwide, including planning, promotion, market research and support. Created a global distribution network that secured a major market share position. (National sales manager and general product manager preceded this appointment.) · Section Manager of R&D and Applications, ASD, 1963-68 Researcher in product development of electrophoretic separation of proteins and other bio- chemicals. Genesee Hospital and Highland Hospital, Rochester, New York 1954-63 Clinical Biochemist and Laboratory Director · Co-founded Upstate Chapter of American Association of Clinical Chemists Adjunct Professor, Rochester Institute of Technology, Rochester, New York · Taught courses in Quantitative Anatysis and Marketing and Sales management United States Army, Camp Pickett, Virginia 1952-54 · Field First Sergeant, Basic Training Camp, Medical Replacement Training Center Education e St. Bonaventure University, Bachelor of Science · Post graduate study in Bio-chemistry, Genesee Hospital, 1954-59 1952 .t Professional Affiliations · High Technology of Rochester. Chamber of Commerce Provided consulting to small and medium size finns. · Tech Ventures Inc., Rochester, New York Advised businesses seeking venture capital · Catholic Family Center, Rochester. New York (division of Catholic Charities Inc.) ./ Board Chair and Director, serving an unprecedented two terms. ./ Implemented strategic plaruùng throughout organization. ./ Developed marketing and business plans while growing budgel · St. Bonaventure University, Allegany, New York University Arts Council, committee chair · New York State Science and Technology Foundation Advisor References upon request .~ e Agenda Item No. 9A April 12, 2005 Page 19 of 42 1983-2002 1983-2002 1991-2001 1996-2003 1998-2002 - - - ftlson_s Page 1 of2 Agenda Item No. 9A April 12, 2005 Page 20 of 42 From: advisoryboardS@colliergov.net Sent: Saturday, February 26, 2005 7:25 AM To: filson_s Subject: New On-ine Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)114-3602 f(~þl'l 1.='~ L· ."" ~ "J . ~ . -. .' . . . ~ ~... -'4'~ ¡' Name: William J. Varian, CGR CAPS Home Phone: 239-352-7392 Fax Number: 239-732-0820 Business Phone: 239-775-1178 How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No February 26,2005 Application for Advisory Committees I Boards Home Address: 210 31st St NW City: Naples Zip Code: 34120 Emall Address: wjv1992@aotcom Place of Employment: Wm. J. Varian Constrcution Co., Inc. Are you a registered voter in Collier County? Yes Board I Committee Applied for: Productivity Committe Category: (if applicable) Dsitrict 5 registered voter Do you currently hold public office? No 2/28/2005 Page 2 of2 Agenda Item No. 9A April 12, 2005 Page 21 of 42 - Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Borad of Adjustments and Appeals Development Servces Advisory Committee Please list your community activities: 2005 President Collier Building Industry Association past chairman of the remodelors council (CBIA) Active with the Naples St. Patricks Day Parade committee Active with St Elizabeth Seton School Education: college graduate Certified Graduate Remodelor(CGR) Certified Aging In Place Specialist (CAPS) Experience I Background: Business Owner in Collier County for close to 16 years, responsible for customer service, Sales, Estimating, Planning, and budget controls for projects. ~~ e 2/28/2005 - - - nt ......IIIS ...l-4as-oSSO DAVID E. BRYANT AtIorIIe. At lAw ~ - 'IaaI:M .IS~IIDAD~ ~~ ..104 Agenda Item No. 9A April 12, 2005 Page 22 of 42 T-.-..r_ ..1·......11., February 23, 2005 :'''',..'~ '-"r'~-: ~ ...~-~... Ms. Sue Filson, Executive Office Manager 3301 Tamiami Trail East Administration Building, 3rd Floor Naples, Florida 34112 ~c~t - , . Re: Collier County Productivity Advisory Committee Dear Ms. Filson: Pursuant to your request for applications for the Collier County Productivity Advisory Committee, enclosed please find my resume and application. I sincerely believe that my long involvement in Collier County government and my extensive and varied private practice experience qualifies me for the position for which you are seeking applicants. In closing, I wish to express my appreciation for your review of my application and resume and I look fOlWard to discussing this matter further with the Collier County Board of Commissioners. With kind personal regards, I remain Very truly yours, -.-- .... DEB/df Enclosure cc: Collier County Board of Commissioners W/ Enclosure sf-0223.1tS ..~j,.... Feb 17 05 09:44a Collie,.. Count~ 239-774-9865 p.l Agenda Item No. 9A April 12, 2005 Page 23 of 42 e Application for Advisory CommitteeslBoanls Collier COUIIty Board of Commiaiollen 3301 East Tami8mi Trail Nap~ FL34U2 (941) "....., Fax: (941) 774-J602 .- Name: ~'Id t. '"ß2./~Jt Home Address: Zz38 ~R.\JA\\..(C.&~ JBZZ ZipCode: Fax NoA 36 -o~ 57 BusilleU PItoue: [/35 ·ð6~ 0 e-maladdras: .....DfEoaplo,.... œ-/J: '-' An;;-~~ BoardorcommiUeeAPpliedror:~ C~__ Cåegol)' (if applicable): £u.pIe: c......... DWrid,~. _irI1l1~ r '......,...-. de:. i2'JRS'" Ho.. PIIoae: ~36·o6&:; at¡ h~í Ho" Ioag lIave you Jived ¡a CoUier C...ary: Have yo. ever beeII comcted of..y oWe.se agaiut tile Law: Yes No ~ If yes, explaia: Are yoa a reJistered veter ÎII CoItierCfMUlt),: Yes ~ No Do 108 eurrudly bold pùlic office! Yes No ~. 1rlO. what Is tltu 1Þßke? Do.fGII DOW Rf'ft. or".-e yuq eftl'served, OD a CoIAer COIIIIty.oard or œnl8Ultee? Yes V ---No Hyes, pleaselfst~~nb: l,,~f~ ~ ~~~~~~~~ .PJase list your commuaity aai\itia: dvic: du~ aeigbborbood UIOdatioas, de. ud posÏtioas beId: ?\ ~ lws"t=: ~eë. ~ 1S..)u M E.. -m--ebc4t::h 1Jí~6~ - R~æ S- .::.::J(e;.>u¡\tE; ~6h.æ ~~ RE~Mb -- Educatioa: Expuieaœ: .n-e--*............., s.¡---"..I*'~ n. w'·,.-. MøtlM"".JW-*rIt.s.. nIrM. ..........s.... .~to n. B.trrtIIIj" C...-"Cn ' ·....,..,n.lE..T.....rl'llil,~,FL34112. Y-IIWfYI-YM' ","rTti.,.If1(Nl)'FN-J_ ."....,.~_n...ft.. tit n...... :f'MI1'" lV' '.: ..,....... "'" ~ tÞ/'c..IUw~. ~._-~--"_..,"..- -- - e RESUME DAVID E. BRYANT 215 Airport Road South Naples, Florida 34104 Telephone: 239-435-0550 Facsimile: 239-435-0457 Cell: 941-914-2584 A. EDUCATION PREPARATION: University of West Florida Pensacola, Florida Stetson University College of Law St. Petersburg, Florida B. EDUCATION HONORS: Provost Scholar Presidential Scholar First Chief Justice, University Judiciary Outstanding Participant Moot Court Competition Agenda Item No. 9A April 12, 2005 Page 24 of 42 BA - Major: Political SciencelManagement 1970 JD - Major: Law 1974 University of West Florida University of West Florida University of West Florida Stetson University College of Law C. PROFESSIONAL EXPERIENCE: Private Legal Practice Assistant County Attorney Office of the County Attorney Collier County, Florida Assistant County Attorney Office of the County Attorney Escambia County, Florida Private Legal Practice 1996 - Present Naples and Tampa, Florida 1993 -1996 Naples, Florida 1991 -1992 Pensacola, Florida 1986 -1991 Tampa, Florida -1- Agenda Item No. 9A April 12, 2005 Page 25 of 42 ~ Legal Partnership in finn of Bryant and Epperson, P A 1979 -1986 Tamp~ Florida Special Counsel Department of Professional Regulation 1983-1990 Tampa. Florida Special Counsel Hillsborough Community College Board of Trustees 1979 -1981 Tampa, Florida Chief, Felony Division Assistant State Attorney Thirteenth Judicial Circuit 1975 -1979 Tampa. Florida Executive Assistant and Senatorial Aid to Senator Guy Spicola 1975 Tampa. Florida Legal and Political Assistant Senator John Ware, Minority Leader of the Florida Senate 1972 -1974 St. Petersburg, Florida -1 D. LITIGATION EXPERIENCES: 1. e Private Representation: a. b. Plaintiff and defense representation involving all areas of civil practice. Prosecution and defense of administrative licensure matters fÌ"om trial before the Division of Administrative Hearings through review on appeal. Special counsel for the Hillsborough Community College Board of Trustees in the investigation and prosecution of administrative officials. including the President of Hills borough Community College. Tampa. Florida. Extensive criminal defense involvement including representation of medical and health care professionals in DEA hud, Medicare and Medicaid investigations. Representation and in-service training of Emergency Medical Service in DNR/living will, and risk management matters. Preparation. negotiation, settlement, and/or trial of personal injury matters. Peer Review Organization negotiation, trial. and settlement for physicians. acute care, long tenn and psychiatric institutions. c. d. e. f. g. -2- - - - Agenda Item No. 9A April 12, 2005 Page 26 of 42 2. Special Counsel, Department of Professional Regulation (Statewide 1983 -1990): a. Represented Boards of: Medicine Dentistry Osteopathy Architecture Engineers Optometry Construction Industry b. Appellate Representation: Board of Medicine 3. Assistant State Attorney: a. Felony Chief Assistant: 1. Responsible for supervision of other felony attorneys. 2. Managed and personally tried most significant cases in division. b. Prosecuted in the following areas: 1. Traffic Division 2. Juvenile Division 3. Misdemeanor Division 4. Felony Division c. Types of prosecuted cases: First Degree Murder to Driving While Intoxicated 4. Assistant County Attorney, Escambia County, Florida: a. Overall litigation responsibility for the Comprehensive Plan and land use matters for Escambia County, Florida. b. Counsel for the County in three week Division of Administrative Hearings' hearing with the Department of Community Affairs over the Comprehensive Plan for Escambia County. c. Represented Escambia County in its settlement meetings with the Department of Community Affairs, the Governor and Cabinet. d. Appellate counsel for Escambia County, Florida, in it's challenge to the Department of Community Affairs findings regarding Escambia County's Comprehensive Plan. e. Legal counsel to the Zoning Board of Adjustment for the County. f. Legal counsel to the Planning Board for the County. g. Legal designee to the Concurrency ReviewNesting Committee for the County. h. Legal representative to the Subdivision Regulation Review Committee for the County. 1. Legal representative to the Transportation Access Management Review Committee for the County. -3- Agenda Item No. 9A April 12, 2005 Page 27 of 42 - ~ J. Responsible for all litigation involving the County including all personal injury, condemnation and contractual matters. 5. Assistant County Attorney, Collier County, Florida: a. Overall litigation responsibility for all matters wherein the Board of County Commissioners was a named defendant. b. Prosecution of matters before the Code Enforcement Board for the Collier County Compliance Services Department. c. Eminent Domain representation for Collier County for the Capital Projects, Utilities and Transportation Departments. d. Foreclosure responsibility in all matters dealing with lien enforcement and special taxing district authority. e. Trial counsel for certain land use matters concerning zoning decisions of the Collier County Board of Commissioners. f. Representation of the Human Resources Department at the county level and at trial and on appeal. g. Appellate representation before the United States Court of Appeals for the Eleventh Circuit for land use matters and alleged civil rights violations. E. TRANSACTIONAL EXPERIENCES: 1. Real estate counsel, managed the following: a. Responsible for closing certain commercial and residential loans. b. Extensive experience in troubled loan work out and foreclosure. c. Creation of various real estate contracts and agreements. 1 F. OTHER PROFESSIONAL EXPERIENCES: 1. Legislative liaison and management involving governmental affairs and legislation for Senator Guy Spicola. 2. Adjunct Real Estate Professor: S1. Petersburg Junior College, 1975-1982. 3. "Hats Off Award," Pensacola Association of Realtors, 1992. 4. "Success Series" Instructor -Pensacola Association of Realtors, 1991-1993. 5. Successfully completed the Health Care Risk Management Program held at the University of South Florida. 6. Successfully completed the "Bert Harris" land use, Special Master program. 7. Successfully completed the Community Association Management pre-license course. G. REPRESENTATIVE CLIENTS: - 1. 2. 3. 4. Collier County, Florida. Escambia County, Florida. Highlands County, Florida. City of Pompano Beach, Florida. -4- e Agenda Item No. 9A April 12, 2005 Page 28 of 42 5. 6. 7. 8. 9. 10. City of Pompano Beach Police Department. Lely Resort Community Development District - District Counsel International Realty & Construction. Larry Martin Contractors, Inc. Sunrise Pools of Naples, Inc. Lely Island Estates Homeowner's Association H. COMMITTEES AND MEMBERSHIPS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. - 12. 13. 14. 15. 16. 17. 18. 19. 20. State of Florida, Department of Health and Rehabilitative Services, Emergency Medical Services Advisory Council Board Member, 1991 - 1994. Emergency Medical Services State Plan Committee, 1992 - 1994. Administrative Law Section, The Florida Bar. Health Law Section, The Florida Bar. Real Property Section, The Florida Bar. Environmental Law and Land Use, The Florida Bar. Local Government Law Section, The Florida Bar. Central Florida Medical Malpractice Claims Council. National Associations of Realtors. Pensacola Association of Realtors, Inc., member ofthe Board of Directors, 1991 - 1992 and 1992 - 1993. Pensacola Association of Realtors Foundation, Inc., member of the Board of Directors, 1992 - 1994. Tampa Board of Realtors. 1000 Friends of Florida. Collier County Bar Association. Florida Association of Realtors. Naples Area Board of Realtors. Women's Council of Realtors, Naples on the Gulf Chapter. Collier Building Industry Association. Collier County Comprehensive Plan Standards Ad Hoc Committee. Collier County Rural Fringe Area Assessment Oversight Committee. I. PROFESSIONAL LICENSURE AND CERTIFICATION: - The Florida Bar - 1974 - FBN 179284 United States Supreme Court United States Court of Appeals for the Eleventh Circuit United States District Court - Middle District of Florida Florida Real Estate Broker - 1986 - BK 0206609 Florida Mortgage Broker - 1986 - HB 266745393 SP Florida Certified Residential Contractor - 2000 - CR C058211 -5- Agenda Item No. 9A April 12, 2005 Page 29 of 42 - '15011 S em:- filson_s Sent: Wednesday, February 09, 2005 10:56 AM To: 'maryann_a36@hotmaiLcom' Subject: Advisory Boards Mr. Abruzzo, I have received your appHcatlon to be considered for advisory board vacancies; however, I do not try to match applicants with committees. Therefore, I am e-mailing you a copy of my press release that will go out this week. You can review the committees that have vacancies and let me know which comrTittee you would be interested in and I will process your application. Thank you and have a nice day. Sue :fiIson Txecutíve :Manaøer, '.BCC (239) 774-8097 yfume (239) 774-8865 fax suefiCson@co{{íerglYV.net 1 - d9/2005 e - - .- .. Agenda Item No. 9A April 12, 2005 Page 30 of 42 Adlllilt,,¡ In I'n...ti,,- [,'/Uricl" ;\,.... "or-\¡ '1t-I<'I,IIIJlII' ($19) á!¡¡~ 1m FIL" (2:"1) i¡! ;~ 111m LUDWIG;To ABRUZZO, P.A. NITIUIINI!.:Y NI' LA W 'J'/ (. LillI' /J,,¡ldi/JI! At Ht,.k (f'JJtml M25 PABI{ ('~N'rIlAL ('ot'B'I' NAPL.li:."i, I<'I..OHlDA iUW!I February 7, 2005 Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Attn: Advisory Committee Re: Application Gentlemen: I respectfully submit the enclosed Application for Advisory Committees/Boards for your consideration. Thanking you for your courtesy, I am ruly Yours, ;/! // :ø¡t> udwig ¡~~ruzzo Enclosures As Stated LJA!maa ·' Board of Couaty COllUlliasioael"S 3301 E.at T........i TraO N..... n.. 34HZ I{~ (239)""""" I"fI. ~j::; Fax: (13J) 174-.3612 LY"\~ ~ ~ j -~t{¡if" . APPLICATION FOR ADVISORY COMMITTEES/BOARDS - e Name: Ludwig J. Abruzzo Home Address: 264 Glen Eagle Cir, Naples, FL 34104 Fax N4)i: 593-1169 Bus. Phone: 593-1444 Home Phone: (239) 455-5805 e-mail: marvanna36@hotmail.com Place ofEmplovrnent: Law Offices of Ludwig 1. Abruzzo, P.A. 5425 Park Central Court, Naples, FL 34109 Category: Attorney How long have you lived in Collier County: 14 Years and7 Months Are you a registered voter in Collier County: Yes Do YOU currently hold public office? No Have you ever been convicted of any offense against the Law? No Do YOU now serve. or have you ever served. on a Collier County board or committee? No Please list your community activities: MEMBER OF: Elk~ Club, Addison Reserve ., Homeowners Assoc., Collier County Bar Assoc., New York State Bar Assoc., Florida Bar Assoc., Suffolk County Bar Assoc., Federal Bar Assoc., Trial Lawyers Assoc., American Bar Assoc. Education: Poly Prep Country Day School, Brooklyn, New York; Boston College 1956 class; St. John's University School of Law 1960 class; Continued Education Courses both in Florida and New York; Admitted to Practice of Law in New York State and Florida. Experience: I have been a practicing attorney since December of 1960. Was the attorney for the Greenlawn Water District, Greenlawn, L.I., N.Y. from 1979 to 1981. Prior to that time, served as Clerk of the District Court, Suffolk County, New York 1960 - 1963; represented contractors in Long Island from 1960 through 1990, including developers, acoustical contractors, air- conditioning contractors, plumbing contractors; from 1980 to 1994, specialized in trial work of white-collar crimes, while continuing to represent developers and contractors. Since coming to Florida, my practice has evolved to Federal Criminal Practice, local Civil Practice, which includes Dissolution of Marriage, Wills and Probate Law and general law, including the representations of various general contractors and sub-contractors. . -- -- - Board of County Commissioners 3301 East Tamiarni Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9A April 12, 2005 Page 32 of 42 Application for Advisory Committees/Boards Name: John F. Barlow, Jr. Home Phone: 239-649-6380 Home Address: 4351 Gulf Shore Blvd. North, Residence 19N Zip Code: 34103 Fu No. 239-649-6378 Busilless Phone: Retired e-mail address:johnbarlow@Jerivage.net Place of Employeement:_Retired from Safelite Autoglass, Columbus Ohio, November 2003 Board or Committee Applied for: County Government Productivity Committee Category (if applicable): N/A ExampJe: Commluioa Dlltrtd, Developer. eo¥ironmeataJist, lay perIOn, etc. How long have you Uved in Collier County: Years 9 Months 4 Are you a registered voter iD Collier County: Yes X No Do you currently hold pubUc office? Yes If so, wll.t is that omce? No_X Have you ever been convicted of any offense against the Law? If yes, explain: Yes No X Do you now aerve, or have you ever lerved, OR. Collier COURty board or committee? Yes If yes, please list the committeeslboards: No X Please list your community activities (civic club&, neighborhood association&, etc. and positions held: Director, Boys and Girls Club, Columbu&, Ohio. Chairman of Several Fund Raising Events. Education: B.s. Business Administration. Florida Southern CoUege, Lakeland, FL, attended University of South Florida, Temple Terrace, FL., but did not complete a Masters of Business Administration. Experience: President and CEO Safelite Autoglass, Over $700 million with over 6,000 associates. SareUte fabricates, instaUs and wholesales auto glass. 1991-2003 President and CEO, Western Auto Stores, Sales over $600 million, and 4,000 associates. Western Auto owned over 400 retaU stores, and bad over 3,000 franchisees. 1977-1991 Sears Roebuck, 1964-1977, various positions. Joined whße attending coDege and was placed on Management trainee program after graduation. Several Positions: Auto Center Manager, Security Manager, Group Merchandise Manager, National Field Liaison for Automotive Group- Eastern Territory. PI_ iIttiu:It tury IMIt/itioNII ÙtforrlÌillitHf J'Ø- fMl ~11Ùre1IL This IIpJIIJødiDtf IIlwldll IH forwGnÚtlto S_e Flbtm, &«1IIiN M_pr to tire BCHUYiøfCø_"" eo_Ì8IIÚI~ 3301 EIUt TMlfilulr/ Trøil, NøpIa, FL 34112. If",- wislr,JIkae/UytHU'tIpplktltlotf to (239) 774-3602 ør NtfIIiJ to suefi/.wn(qrollienmv.nn. Tlrøttk you/ør I'ØllUltHrÚ16 to _ 1M citiuIu o/CDIIiR eo_"". 41 .~ Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9A April 12, 2005 Pa e 33 of 42 l I Application for Advisory Committees/Boards Name: Dr. James Alward VAN FLEET HOlDe PIaone: _239-348-8162_ Zip Code:_341194678 Home Address:_I84 Spring Lake Circle, Naples Fax No._348-8162 _ BusiDess Pboae:_Same as above_ e-1DaiI address: javaDfleet@msn.coID Place of Employeemeut: Retired Board or Committee Applied for: Couty Government Prodaetivity Committee Category (if applicable): Member t:s_ple: COlllmilliO. DiItriet, Developer, uviro.me.atalist,"1 peno., ete. How Ioag have yoalived in Collier Conty: Yean_J Mootlls Are you a registered voter iu Collier Couaty: Yes-" Do yoa eurreDtly bold public: oftiee? Yes If so, wIa.t is tILat oftIee? No No_X Have you ever been convieted of any offense against tbe Law? If yes, esphÜD: No_X Yes Do ,... BOW sene, or Iutw )"HI ever served, _ . CeIIier Couty board or COIIUIIiUee? Y - _X No If yes, pIase list tile ~nIs:_CoDier CoIUIty Hilpuic Allilin Advisory Bœl'd (HAAB) Please list your commauity activities (eivie dubs, ueigbborbood assoeiatiollls, ete. aDd positioDS 1IeId:_Seeretary, Homeowners Associatiou, o.k Colony The Viaeyards; Naples Chapter SolIS of tile American Revolutioa; Cllamber of Commerce CoDUllittee for NCIV (lDtenlatioaal VISitors) Chapter; Collier County HispaDie AfI'airs Advisory Committee Education: Ph.D. in economics, minor public: admiDistntiou, MaIMII School, Syracuse Uaiversity; M.A. economies aDd pablie admilÚStntiou, same; B.A. iD poIitieaI KieDee and eeo.omks, UDivenity of Scrautoo; J.D. University of the Paclfie; also Natio.... Defense UDiversity and extensive urban plaBniag eoursework, eeoDODÙC development coanework, George WashiDgton Uaiversity aDd UlÛversity of Puerto Rico. e Experienee: Retired from United States Ageacy for Inte....tioøal Development, State DepertllleDt, as senior ur_n ecoDOmist, deputy director. director ofU.S. foreip aid prognm missions abroad (LatiD Amerka). overseeiDg staffS of up to 250 persons and programs exc-ling S300 millioa; entered academe as secoad career aad served as exeelltive director (UlÛversity ofLo8isviIle), deaD (University of Toledo) aDd associate provost (The Uaiversity ofNortlt Caroliøa) aD for iuternatioaal affairs, witlt staßS nagiag up to 70 employees and faculty,witlt respoDSibilities for &uncial activities in millions. AdditioøaUy, establisl1ed Louisville's Master of Public: Admillistration program aMi taugltt budgetiag ..d public finaaee part of my academic (profesøorial) respoDSibilities. In both career capacities, I served in senior maøagemelll (Senior Foreign Service, Senior University AdministratioD). Retired from The UlÛversity of North Caroliaa to Naples and presently do oceuional State Department consulting, bat work mainly in writiag and witlt a number of ..tio08I organizations. Agenda Item No. 9A April 12, 2005 Page 34 of 42 e Dr. James Alward Van Fleet 184 SpriDg Lake Circle Naples, Florida 34119-4678 Phone/Fax: 239-348-8162 E-.ail: javanfleet@man.com To : Board of County Commissioners From: James A Van Fleet, J.D. Ph.D. Re : Application for County Government Productivity Committee In support of my application for the County Government Productivity Committee, I wish to highlight the following elements from my general background. e 01. I hold advanced degrees that are precisely in line with the work of the Committee. These include a doctorate in economics (urban and development), with a minor field in public administration, as well as a juris doctorate. 02. In the course of my career in the Department of State, I worked as a professional in urban and public administration matters, the latter field being a major concern for the United States Agency for International Development (USAID). I was involved with the major professional associations in public administration. namely the American Association for Public Administration (ASPA), the Institute for Public Administration, the ICMA, through administering grants which they received for work in Latin America. 03. In my second career in academe, I was a co-founder of the Louisville ASPA chapter, a long-term member of various ASPA chapters, a presenter in many conferences on administration and justice administration, and the founder of the Master of Public Administration program and co-founder of the doctoral program in same (as well as the master's degree in planning) at Louisville. 04. In my capacity as a university professor (I am a tenured full Professor Emeritus from The University of North Carolina), I taught graduate courses in land law, economics of housing, public finance and budgeting. 05. My administrative background is lengthy. I began public service as a Junior Professional, and ended as a Senior Foreign (that is, Executive) Service in the State Department, overseeing major United States Government foreign aid programs amounting to as much as $300 million (Bolivia) and with office staffs reaching 260 persons. e Agenda Item No. 9A April 12, 2005 Page 35 of 42 -- 06. In academe, I was - from my beginning there - an administrator. My faculty and staff numbered about 70, and programmatic responsibilities were in the millions, and involved several hundred students to more than two thousand. 07. Lastly, I served on the initial Oversight Committee for the City- County merger of Louisville and Jefferson County (a merged entity since 2003), and was the twice-elected mayor of the City of Spring Valley (1,522 inhabitants) in Jefferson County, Kentucky. ou interest and attention to these matters. -., e Agenda Item No. 9A April 12, 2005 Page 36 of 42 filson_s _m: advisoryboards@colliergov .net Sent: Thursday. February 10,20058:22 AM To: filson_s Subject: New On-Ine Advisory Board Application Submitted. ~ Board of County Commissioners 3301 east Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 CJ.-t~1 ~.~ :A. I '; ~ .' . '. .. . :; , '" f.., ~ ;' February 10, 2005 Application for Advisory Committees J Boards Name: Beveny Kronquest Home Phone: 239-649-7977 Home Address: 1398 Cooper Drive e City: Naples Zip Code: 34103 Fax Number: No information provided. Business Phone: No information provided. Email Address:BevertyK9@cs.com Place of Employment: Dial-A-Nurse for part-time employment How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Produdivity Committee Category: (if applicable) No information provided. - Do you currently hold public office? No 2/10/2005 ---- .._- - ~ - 2/10/2005 Agenda Item No. 9A April 12, 2005 Page 37 of 42 Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: The following were in Geneseo, New York: - Consumer Advisory Council for Niagara Mohawk Power Co. - Conesus Lake Assoc. - Board of Directors - Geneseo Town Planning Board - Eagle Point Association - President Education: Rochester Institute of Technology - BS in Business Management Experience I Background: Purchased, repaired, rented and sold both residential and commercial real estate. In Rochester, NY, worked in Public Relations and as stock broker with Shearson. Agenda Item No. 9A April 12, 2005 Page 38 of 42 filson_s .m: advisoryboards@colliergov.net Sent: Wednesday, January 26,20051:24 PM To: filson_s Subject: New On-line Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 .,,~ A.:-t~..;.'.--:, . . . -:. - - f..l' ~ / January 26, 2005 Application for Advisory Committees I Boards Name: William Willkomm III Home Phone: 239-261-2191 Home Address: 227 Gulf Shore Blvd., South e City: Naples Zip Code: 34102 Fax Number: 239-649-8269 Business Phone: 239-649-0002 Email Address:perfectnaples@aol.com Place of Employment: Perfect Properties of Naples, Inc. How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Productivity Committee Category: (if applicable) No information provided. e Do you currently hold public office? No 1/26/2005 Agenda Item No. 9A April 12, 2005 Page 39 of 42 ~ Do you now serve, or have you served on a Collier County board or committ8e? No Please list your community activities: Board Member- Old Naples Association Former Coach and Board Member Naples Gators (Pop Womer) Member- Citizens to Preserve Naples Bay Volunteer-Naples High School Education: B.S. General Studies- Louisiana State University Experience/Background: Ran a successful business with 138 employees. Pontchartrain Motor Company, Inc. Developed two small waterfront commumities. Blackbum Place & Bayou Bend. Builder for 25 years. Willkomm & Willkomm, Ltd. Currently, part owner of local Real Estate company. Perfect Properties of Naples ~ - 1/26/2005 Board of County Commissioners 3J01 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239)774-3602 Agenda Item No. 9A April 12, 2005 40 of 42 Application for Advisory CommitteeslBoards Name:_Robert J. Marino Home Phone: 239-213-0504 Home Address:_3032 CastalaiD Ct_Naples, FL Zip Code: 34105 Fax No._ 239-213-0504_ Business Phone: ceU...941-809-2000_ e-maü address: nrino@swfla.rr.com Place of Employment:_semi-retired I I do busiDess consultiDg aDd sit on a NYSE co. Board ofDiredofS_ Board or Committee Applied for:_Productivity Committee Category (if applicable): EIample: Co.......io. District. Developer. eaviroDmeatalilt. lay perIOD, ek. How long lIave you lived in Collier County: Years_2 Months _2_ Are YOB a registered voter in Collier County: Yes_X_No Do you currently hold public omce? Yes If 10, wIIat is that office! No_X Have you ever been convicted of any offense against the Law? If yes. e:qtIaiB: Yes No_X_ Do you BOW serve. or have yo8 ever served, OD a Collier COD.ty burd or conunittee? Yes No_X Please list your community activities (civic dubs, neigllborhood associatioøs, etc. aDd positloøs held): · Vice President-Keøslngton Park Master Assoc. 2004-2005 · Who's Who iD Global Information Tecboology 200] · Frost aød Sullivan Executive of the Year 2002_ · United Way Executive Leader 2001-2002_ Education:_B S in EcoDomics, SUNY at Brockport Executive Development Programs Harvard and Whartoo Experience:_Telecommunicatloøs aDd software services executive. Since ]982 I ban beeD iDvolved In start-up aad mature businesses, botll in tile U.S. aDd South America, (B1Iilt the first cellular phone System in Buenos Aires Argentina, as President of LatAm for Bellsouth) Last position - Group President, Coavergys Corp. (+/- 3500 employees, $900 millioD io revenue) (see attached resume for further detail) PlellM .tltle" /III} IIdtlitiøuJ 1",0",,1IIúJ. YO/I/eel penllleltt. TiIb IIpplklllúJ. Mould be /o""lIrlletl to S"e FlØtHI, Exectlfive M._,er to tile BOIIrll O/COUllty Comllliølo"en, 3301 EtISt T"",;"",I Tr.lI, Nllples, FL 34IJ1. 1/'°" wtsll,pleue/llJqo"r IIppliuikm to (139}774-36lJl or e-MIIU to .~1JiÐr0...1U!t. TluUIky_/or I'ObutI«riIIg to serve the cidUIIS o/Collhr Co""ty. ROBERT J. MARINO 3032 Castalain Court Naples,Florlda 34105 941-809-2000 (CeB) 239-213-0504(Homelfax) E-mail: rmarino@swfla.rr.com Agenda Item No. 9A April 12, 2005 Page 41 of 42 PROFESSIONAL EXPERIENCE 1995 - 2003 Convergys Corporation (NYSE: CVG) Group President -Information Management Group formerty CBIS) This telecommunications software provider in customer care and billing is the nation's leading outsourced provider in cellular, Personal Communications Services (PCS), and video. In this capacity, I have overall responsibility for strategy, mergers, acquisitions and partnerships, business development, new product development, and business plan execution. In 2001, Convergys Information Management Group (3,500 employees worldwide) had over $930M in revenue and over $200M in operating income, in addition to leading the deployment and investment of over $100M annually in our software research and development group. 1993 - 1995 Nextel Communications (NASDAQ: CALL) President - Northeast Region Responsible for the engineering, deployment, and commercialization of Enhanced Specialized Mobile Services (ESMR) from Maine to Virginia. During this period, I was responsible for the complete market introduction of services to New York, Boston, Philadelphia, and Washington Baltimore area. 1990 - 1993 Houston Cellular Telephone Company (A joint venture BeIlSouth and McCaw Cellular partnership) President - Houston & Galveston Cellular Operations in southeast Texas Responsibilities included business planning, capital investment, marketing and sales, and client services for the largest U.S. city. During that time, the company gained market share, revenue, and improved customer satisfaction vis-à-vis a large competitor. 1988 - 1990 Companla de Radiocomunicaciones Moviles (CRM) Buenos Aires, Argentina (A joint venture between Bell South , Motorola, CitiCorp, and four Argentinean partners) President Lived in Buenos Aires for nearly three years and developed the strategy and implementation plans to build out cellular services in the largest city in the world. Successfully implemented the first Bell South business on time and under budget during a hyper-inflationary Argentinean economy. ,..,---.-....."'... Robert J. Marino Page 2 1977 - 1988 Sprint Corporation (NYSE: FON) 1982- 1988 Sprint Subsidiary President (United Telespectrum) Agenda Item No. 9A April 12, 2005 Page 42 of 42 Created the business unit to combine cellular and paging services nationwide. Responsible for strategy, funding, partnership negotiations, FCC and public utility hearings, and implementation. Wireless systems covered 13 states and 28 markets. Founding member of CTIA board and creator of RSA plan. 1977- 1982 General Market Manager Sprint Local Division (United Telephone Company of Ohio) Responsible for product management, pricing, advertising. and sales strategy. Division Sales Manager -Sales of telecommunications premises equipment (key systems, PBX) for Central Ohio. 1969 -1977 Frontier Corporation (Rochester Telephone Corporation) Recruited from college into Initial Management Development Program. Initial assignments in engineering and outside plant. Other assignments included human resources, data processing. and sales. EDUCA TION 1965 -1969 Bachelor of Science in Economics State University of New York at Brockport 1984 Wharton University of Pennsylvania Executive Development Program 1997 The John F. Kennedy School of Government Harvard University Executive Devefopment Courses Various industry and leadership seminars throughout career, including diversity, project management, solutions thinking, creative and innovative thought and high performing teams. In 2001 awarded "Telecommunications Executive of the Year" by Frost & Sullivan. Agenda Item No. 98 April 12, 2005 Page 1 of 8 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE LEL Y GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoìnt 1 member to fulfill the remainder of a vacant tenn, plus a 4-year term, expiring on October 1, 2009, to the Lely Golf Estates Beautification Advisory Committee. CONSIDERATIONS: The Lely Golf Estates Beautification Advisory Committee has 1 vacancy with the term expiring on October 1,2005. This 5-member committee assists and advises the Board of County Commissioners ìn handling matters pertaining to the beautification taxing district. The district was created by referendum vote on November 4, 1986, for the purpose of beautifying and maintaining the median strips of the streets and other public area within Lely Golf Estates. Applicants must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. A list of the current membership is included in the backup. We currently have 1 vacancy. A press release was issued and one resume were received from the followìng interested citizen: APPLICANT CATEGORY DlST ELECTOR ADV. COMM. I David Larson I Resides within MSTU Dis1rict I~ None COMMITTEE RECOMMENDATION: David Larson FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMP ACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appoìntment, appoìnt 1 member, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 12, 2005 _. Item Number Item Summary Meeting Date Agenda Item No. 98 April 12,2005 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 98 Appointment of member to the Lely Golf Estates Beautification Advisory Committee. 4/12/200590000 AM Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC 3/23/20052:00:06 PM BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/29/20057:27 PM Agenda Item No. 98 April 12, 2005 Page 3 of 8 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Liz De Leon, Operations Coordinator MSTU Date: March 18, 2005 Subject: Lely Golf Estates Beautif'lCation MSTU Sue, at the Lely Golf Estates Beautification MSTU meeting on March 18, 2005 the MSru Advisory Committee reviewed the resume of David Larson. The committee by a vote of3-0 recommends Mr. Larson to be appointed to the committee. Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 98 April 12,2005 Page 4 of 8 r~---- Lely Golf Estates Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William C. Erickson !J" ~o"l 263-2810 01/12/99 1 0/01/01 2 Years 136 Pebble Beach Circle~ .1-'1' 10/09/0 I 10/01/05 4 Years Naples, FL 34113 ,'"r District: 1 Category: Mr. Robert C. Cole 12/17/91 1 % 1/93 2 Years 301 Forest Hills Boulevard 10/09/01 10/01/05 4 Years Naples, FL 34113 District: 1 Category: Mr. Ron Torp 774-9311 10/08/02 ] 0/1106 4 Years 349 Pinehurst Circle 774-3174 Naples, FL 34113 District: ] Category: Mr. Tony Branco 514-5292 01/28/03 10/01105 2 Years ]47 Pebble Beach Circle 7934364 ;;;l,q Naples, FL 34113 District: ] Category : Mr. Robert M. Slebodnik 02/27/0] 10/0]/02 1.5 Years 32 Pebble Beach Boulevard 775-3491 10/08/02 10/01/06 4 Years Naples, FL 34113 District: 1 Category: .,-'. . Tuesday, January 28, 2003 Pagel of 2 Agenda Item No. 98 April 12, 2005 Page 5 of 8 Lely Golf Estates Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2mlExpDate 2nd Term This 5 member committee was created by Ord. No. 87-69 to prepare and recommend an itemized budget for the Lety Golf Estates Beautification Municipal Service Taxing Unit and aids and assists the Board of Coooty Commissioners in canying out the services of the taxing unit. Members must reside within the boundaries of the municipal service taxing unit Terms are 4 years. FL STAT 125.01 Staff: Bob Peterson, Transportation: 213-5853 TuestÙly, Janutuy 28, 2003 Page 2 of] Agenda Item No. 98 April 12, 2005 Page 6 of 8 MEMORANDUM DATE: March 7, 2005 Elections Office ~ Sue Filson. Executive Manager .. \ Board of County Commissio TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LEL Y GOLF ESTATES BEAUT ADV COMM COMMISSION DISTRICT David Larson 163 Doral Circle Naples, FL 34113 / Thank you for your help. RE,CE,\VEO ~M~. 0 8 2005 comrnisSiOfl8T5 eoard of county ,,_..-.,~~.""..,,~--..,-_.-..-.-.., MEMORANDUM Agenda Item No. 98 April 12, 2005 Page 7 of 8 DATE: March 7, 2005 TO: Liz DeLeon, Transportation Op~ns Coordfuator Sue Filson, Executive Manager _ Board of County Commissione FROM: RE: Lely Golf Estates Beautification Advisory Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the reswnes received for your review as follows: David Larson 163 Doral Circle Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fÌ'ame (AprilI8~, and J will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments e -) Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9B April 12, 2005 Page 8 of 8 Application for Advisory Committees/Boards Name: DM/lt? t.---A-¡!¿.<; ð-,J Home Phone: (-L3 9) 1 <f3 - h ¡g Home Address: {c, 3 ~ U~ / ¡./~.r' Zip Code: ::)'/10 lM.ðM?1"r¥ ctX- r:. ~Fax No. 793-'i'~ (g/ I:JuSt1iëDPhonti;1.J'?) U<f-'fO¡S e-mail address: ~U'E I<.I£=.n ~ Place of Employeement: Board or Committee Applied for: ~ (Ót7úr e~ ~ f'3F-AP77fiCA77~ eC7MfYJ, Category (if applicable): Example: Commission District, Developer, environmentalist, lay penon, etc. How long have you lived in Collier County: Years / 0 Months ;¿, Are you a registered voter in Collier County: Yes )<: No Do you currently hold public office? Yes If so, what is that office? No ,'ì' Have you ever been convicted of any offense against the Law? If yes, explain: c:,¡:/ (, I tJ Y ~ kG¡; ð Yes ,x. Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committeeslboards: No No )<f Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 'V¢:V1 ~ó{..;F" Ir'$r--f:yf""'£) A-'3Sðé!../h-f'1¿n../ Education: /2- V~4HZ8 /A./ ~+0l.A./4-_ µ'~~é~:r~ Ar ('D.Áft' /) tJ Jl/iIhZb A-1ert J!./5'r;./HVD JIH!;r<::!l'"~ ~ 1 V t-t>5 ~E. UI!:.S:. Experience: tfo 't'~ ~~~ A-fer1~r /1(/ LðJ A?..A:::.~ ¿ It:> '?~ /),./ ~.~ (3v¡L.-~ 74.f ~~<!!¿)/ ~ e PletlSe attach any additional informøtion you ful pertinent This applicøtion should be f01Wll,ded 10 Sue FUson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Traü, Naples, FL 34112. lfyou wish, please fax your application to (239) 774-3602 or e-mail to suefúsonltVco//ier1!ov.neL Thank you for volunteering to sene the cmrens of Collier County. EXECUTIVE SUMMARY Agenda Item No. 9C April 12, 2005 Page 1 of 11 APPOINTMENT OF MEMBER(S) TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on March 3, 2009, to the Radio Road Beautification Advisory Committee. CONSIDERATIONS: The Radio Road Beautification Adv-isory Committee had 2 terms expire on March 3, 2005. This committee was created to aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance ofthe median areas as set forth in Ordinance No. 96-84. This 5-member committee shall recommend work programs and priorities to the County Administrator or his designee. Members shall be permanent residents within the MSTU. After initial staggered terms, terms will be 4 years. A list of the current membership is included in the backup. The tenns for Susan Saum and Wilfred Jaeger expired on March 3, 2005. A press release was issued on January 14,2005 with a deadline of February 4, 2005, and resumes were received from the following 3 interested citizens: APPLICA:'IJT CATEGORY DIST ELECTOR ADV. COMM. -- Wilfred Jaeger - re-appointment Resident in District 3 Yes Radio Road Beautification Adv Comm Gloria S. Patterson Resident in District 3 Yes None Susan Saum - re-appointment Resident in District 3 Yes Radio Road Beautification Adv APP RECEIVED AFTER Comm DEADLINE COMMITTEE RECOMMENDATION: No Quorum - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 12,2005 _. Item Number Item Summary Meeting Date Agenda Item No. 9C April 12, 2005 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9C Appointment of members to the Radio Road Beautification Advisory Committee. 4/12/2005 9:0000 AM Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC 3/23/2005 2:00:06 PM BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/4/2005 1 :07 PM Agenda Item No. 9C April 12, 2005 Page 3 of 11 Radio Road Beautification Advisory Committee Name Work Phone Appt'd Exp. Dale Term Home Phone DateRe-appt 2ndExpDaJe 2nd Term Ms. Susan Sauro 793-9358 03/23/99 03/03/01 2 Years 5060 Coldstream Lane 263-4030 0411 % 1 03/03/05 4 Years ,,/ Naples, FL 34104 E-Mail: District: 3 Category: Briarwood Mr. Dale L. Lewis 05/02100 03/03/04 4 Years 168 Oceans Boulevard 643-7369 01/13/04 03/03/08 4 Years Naples, FL 34104 E-Mail: adlewisI68@juno.com District: 3 Category: Windjammer Village Ms. Betty R. Schudel 01/13/04 03/03/08 4 Years 6644 Vancouver Lane 352-1212 .------ Naples, FL 34104 E-Mail: District: 3 Category: The Shores @ Berkshire Lakes Mr. Wi1&ed Jaeger 09/01/98 03/03/01 3 Years 139 Artic Way 643-5029 04/10/01 03/03/05 4 Years /' Naples, FL 34104 E-Mail: District: 3 Category: Foxfire Ms. Helen Carella 06/25/02 03/03/06 4 Years 5090 Coldstream Lane 434-2865 Naples, FL 34104 E-Mail: District: 3 Category: Briarwood .,~ Wednesday, JtlIWary 14, 200'¡ Pagel of 2 Agenda Item No. 9C April 12, 2005 Page 4 of 11 Radio Road Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on 0cI0ber 21, 1997, by Ordinance No. 97-52 to aid and assist the Bcød eX County Cornmi8eioners in carrying out the pwpoees d providing curbing, watering facilities, plMtings.-td maintetøœ œ the medi8n __ .. .. forth in Ordinance No. 96-84. The committee shall recommend wortc: program. and priorities to the County Administrator or his designee. Members shell be permanent residenI8 within the MSTU. Terms are 4 years. FL STAT ]25.01 staff: Bob Petersen, Transportation: 774-8494 Wednesday, JtUlMtuy 14, 2004 Page2of2 FROM :. FAX NO. :2392135899 F~b. 23 ~ß5ng~lWPr~~'lß~ Page 5 of 11 ~ RECEIVED FEB 2 3 2005 Co ~ er Cou:nty Board of Count., C....;"looor - ~-- s - - - ALTERNATIVE TRANSPORTATION MODES 2885 South Horseshoe Drive Naples, Florida 34104 Date:Wednesday, February 23, 2005 Page 1 of 3 (includiua cover) Time: 12:38 PM To: Sue Filson From: Liz De Leon E-mail: Iizdeleon@colUereov.Det Department: BCe Department: A TM Fax #: 774-3602 Phone #: 239-417-6081 Tel: Fax #: 239-213-5899 RE: Radio Road MSTU Applkation Sue- Herels Susan Saum from Radio Road Beautificaûon MSTU application. She's interested in being re-appointed. Thanks. Liz If you received this fax In error or did not raeelve all pase.. pi_sa contact our office at (239) 213-5886.. -.- FROM FAX NO. :2392135899 Feb. 23 212ê'9œt:øttm t\fe29C 2"9 - ~S3 - 4 6£11 AprilJ~.lO.o(f_ --.--,.- .::I r-, ~. .)~. 6 of 11¡ . ".' +-r;..' " II J" · ,."Y."./ (..t'(A./7~'. I ,,' /l,læ., - (;. ~ I 2~:05 10:15p _F.Þb c;. Mike Sauli' ':' ..: >:-:': ~:. ~ \'/ (~.(~.,;~: .':-::~: ".J ~ '.' ::<"'~ j3"~', ~~::.:t.~ '~:i"""1~~",,:"r"~ £..,~,: ':"'l~; t;:·.I~.. ,/~., ..;...... ..:. ~::< ~ . ¡'7"~"!:!~~'~' ,-',\ :":. " .;'.. " " . ." ',' .". : :.:. .~~.~.. '::': '~::'~_''!:/ ~~::·.r:\:·"~ ;..(::: .. .... . . Name: SY'Ullt Saurn Bnmc Pttoae: 239-263-4030 Home A¡ddress: 5060 Colf strcam Lan~ Na~"t. Zip Code: 341ß4..4736 .Fax No. · 239·263-4661 Jlu8intil Phone: :¡39--7j3.9JS8 e-mailaddrCSI: 11Ickss) I'I)(Ø1comc:ut.Det Busi~ Acc:ouftulQt-CoIVer çogntJl Sbcdtrs Oftice 8qd ~rctøTYlBopkScncr-MJ~ Saam PDol Sen'ice Board or COlnmittee Applied for: Radio .,. BcaøtificatioD Committee Cat~orÝ (if applict.lblc): AdvÌl ()rv Board ~m,pID' Cnrn_1IMIon DI",,"- Pcftlopttr, ftlriralløll!lltaUØ. ~ tk. Arc you It rcgi8terc:d voter in Collier COUBty: Vel X No Do you currently bø'd public: office? Yes Jr 10, wbat 'S tbat omc:e? No x Do 1<* 801\' $erve, or .."" you ever fierved, /In :I CoIllo.. CGuIlC)' bo.rd or CGIJIlDlcœe? Y n X Ho Ir}'e!'l, pleaso U" the o:o...rtecslbQJ rdll: Radio Road Be..ifiuti~Ð Commit,ee Please Ultiyour community activities (civic club., neigbborltood aJloci~1y de. and positions held: EdBcati....¡ AS-I_IlleS. and MaaafllelDelllt Ed... COMmUllit" Col~ Bachelor .of lrofel!ion Stlldie.!l BarrY Uai"enib· Expericn~: J985 - lrescDt Collier Count}' Shc:';ff'. OØicc: lCurfent DOIIition-.\çeountaQt . 19.87 - Present Mike Saum Pool Service (Pam"" bUIiÍM!f...secretariallBook~inoj .1975-1985 Nol't!n.4I. Nania Ii'&; (~1ome~ Scrvic~ ClerkJOflke M8IbIØeI') MEMORANDUM Agenda Item No. 9C April 12, 2005 Page 7 of 11 DATE: February 7, 2005 Elections Office cl* Sue Filson, Executive Manage~ ) Board of County Commissione TO: FROM: RE: V oter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. RADIO RD BEAUTIFICATION ADV COMM COMMISSION DISTRICT Wilfi-ed Jaeger 139 Arctic Way Naples, FL 34104 3 Gloria S. Patterson 741 Landover Circle, #103 Naples, FL 34104 3 Thank you for your help. MEMORANDUM Agenda Item No. 9C April 12, 2005 Page 8 of 11 DATE: February 7, 2005 TO: Bob Petersen, Landscape Engin~er II Transportation Department . Sue Filson, Executive Manager Board of County Commissioners v FROM: RE: Radio Road Beauti8fication Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as fonows: Wilfted Jaeger 139 Arctic Way Naples, FL 34104 Gloria S. Patterson 741 Landover Circle, #103 Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time- ftame, and I will prepare an executive swnmary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please ca1l me at 774-8097. Thank you for your attention to this matter. SF Attachments '. e e e Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9C April 12, 2005 Page 9 of 11 Application for Advisory Committees/Boards Name: \JJ I L ¡:; REO J~Ö]clè Home Phone: & "13 -5"029 Home Address: I~q ARCTIC Lv AY Fax No. (;:;t¡<-700Y Business Phone: Zip Code: 3¿¡.Io If' - y/ D 1/ e-mail address: vA i ~i:,e @ e.ol"Yl c¡:1S t-,ÞFri Place of Employeement: t< I:TII2I:D Board or Committee Applied for: ¡:;¿ {+IJ /0 RoAO ß¿;=-At.JIfFt CAflo/V CDI11/}1/IJ~ IV\ S TV Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years ''70 Months Are you a registered voter in Collier County: Yes / No Do you currently hold public office? Yes If so, what is that office? v No Have you ever been convicted of any offense against the Law? If yes, explain: Yes No ~ Do you now serve, or bave you ever served, on a Collier County board or committee? Yes V- No If yes, please list the committeeslboards: ¡¿ A-D) u 12 oA 0 ß ~A UΡj=I¿A f/ ¿;I(./ C D/vVwl ' It ~Ó'- _ ~ I'rt S'/V , neighborhood associations, etc. and positions Education: C (,v r.2 t.J Y3 13 It 0 ¡:r C, ti=¿s: 1'1,J7) Experie~~?f-PR /.;?""s /t>s=-I'J./i- IVÆP¿l?5 é. DM At U;t.-/~ j-/OVS PletJSe øJk ch øny Ilddidonøl informøtion you feel pertinent. This applicøtion should be forwllrded to Sue FUson, Executive MlllUlger to the BOIlrd ofCoullty Commissioners, 3301 Ellst TalllÚlllli Traü, Naples, FL 34112. lfyou wish, pleøse fax your øpp/køtion to (139) 774-3601 or e-møü to sue{ilsoll(iÌJ<:olliert!ov. flet. Thllnk YOM for volullteering to serve the citizens of comer COUllty. ------.---- >'JAA"iViàFke'your miiíii?t - Over 200,000 Florida Homes For Sale Iloridamø"e~Qm COLDWELL BANKER RESIDENTIAL REAL ESTATEJ INC. To, ~V Fax#: 77 rf- f5~ D ;¡. Date Sent: I /c7>O! ð..S . : , From: Time Sent: ',of pages including c::over pa.ge:: A o Urgenl Q For Review CJ Please Commuu I J Q Please: Reply I ~~) ~ . -J );Jim) Wrb~~pti.1A~~~ Yi?k/ ~ Þ ìW'tultoldwen Banker idenci:d Real Es=: In<,- ' I · · ~~~ 3701 Tamiami Trail North : . . r ~ N~les. Florida 34103 IUSlDEI'I11o\LauLE5T.-re.INc. . Œhone:~39.261.1551Xf1.;J,!:r:fM.w·;·t m ¡.,. ~. Fax: 239.202.5867 t I . Xf~C OPB I I ~ ('4,4/çß - R.::sicientj¡¡ · Commercial · Property Management · Rentals · New Homes Corpo~te Reloation · MOftgaF Services · Qo¡ing Servic:es · Home Warranty I I ,.. e e "JAN-Z/1,-Z005 04 :3ZPt.f FROM- T-445AgfoDÐi,{De2n N&ZOC:: April 12, 2005 Page 11 of 11 AppIJcatiOD for Advisory. ComJDjtteesIB08J"~ e BlJal'd rß eomø., Commissioøcn 3301 East Taüari TniI NapIeJ., Þ'L 341U (239) 714-8097 Fa: (2J9) 774-3602 -Name: (.:;..¡ '/)0.1 AS· tI F ' 7:""j:'" '" D rJ &Ø1e.Address: "oI;~1 £l.N 11"1 '¿.f. ~Il..... ~ I t'! ~ HmDePboBe: a...'¥!- ~4""- :;.1,1,," I . PIIøÞe:.:J-; -/-IS'S I PIaa:: ofEluol ; :.-"r-.." ^? ') :-^ I ~J~ ... I .....~. e-mailaddnss: .-, loJ",,~¡:;'"XI" FL.-P nM Board or Committee Apulied for': JoIl <5'" J J 7?Jj.,- 0: n r",..o .f) allllliQIIb:\ --.- r_.... DiIIi:ñd. Pt'll'ÙO- at'-,»9: Røw 10m! kaft vou 1iYed in CoUicr ? í ,. 'I e;;A i" .<; Save you in'er beeø aømctlJd at UIJ' "ClUe apioIt tbe I..aw1 Jl 'fes. eml.: ~ 1011 ..' voter ill CoIIíw Camtv! DtJ 'VOa arrreutly hold JJUbIic of6ce1 n-.. __ office do '\'CJU b.ÐId? Do YOU BOW' SP¥Ye. Or have 'JOb "8- JerYad 011 a Collier hoard or COIIIIIIÌtÞ:C! 1f,a,"'I:~Ih~~: Zip Code: -3 L. flit.¡ / Fa: ;:;z I. ;:;;t -_"- x (Ø 1 /jf;'\, ¡):F' .3"1/\ I~M/~"" I~{)-;J lie" Yes 0 YaM YesU ~(o~ Ifo [J lio~ Yes l J No I'X] , Please list 'four eommnni U' ~- (ávicdûl,,~lIorIIood ~. *-1IIIIl - I ':rt.-...J PØi.. crl. E t't)^J '}o rJ. IN!l1 AIIA~~ n(1 J A OJ), n¡:; IIlflE .1 u~,~ fVI ~{¡~ I\JA-P LEeS Gl..k' F"" IÍ-.J::#jf¡,J IJ' TlTli(1 (JJ:J..M IlJ-O fJ.nA ';)f) u:=-('ò IJ~~ Eduatioa.: ....-H fL \) \" {¿, I tJ ~ Ih 1 I r:::: ç:: ~ A f'I () I~' If\ ^ tÙ (J ." 1f¿S ~ s. ŒN f> ~ n M.() A ç;: 1 AI fl..' T U. 1=" (?f=A, f... ~ c-r LJ.'"T ~ P p'() CJ_ ...:. f . dl!d: ~F. l" -"'tlJ H.lVDL 'r;r') 1"R:~ K "'Hl...r.JS LJI'¡;;:' ~I? -Ai ~ JttJ"P.1= l~ (..t., ~ -~""\...¡~_ 1'1 'If!. ~~~S \) "ll -IJ' \ f"\ui¡ PTI "f ,., ,(;"':/V1ï': Î') \, IJJ 1/¡:'J ¡AI >r:).,l..! (J"T1.- 't/Ah "t/ðJVÚ¿ ^ ",1...1 -:;;C\/.....~~(?<::. 'uJtv f\ '~.A/74t'".J' c:..~!~ fl:J;;Q '-ne ')Ç 1 t ë:\I ¡A cI R O' ~ CJ I'f). V'¡' ........úl 'F. Vll ~ ¡ ENT rH NU IV\ r.1\J~ IBOljNC':lL._ fiG " ~ 0';:" cr ~j r') ~ - - ---. ~ l- i- i- '- Post-it'" Fax Note "'" 7671 Tý-!.J'ðno. to ~ 0- cI ~bs~ ...." ...~ \L r ". Ar-.. CO. ~ Pf1ono . IÞhal'18 If FaIt " If~."1IlHIt,. ~JI_rvlø. ....,.".[Ø7_.. .. ......(BJJT.14.l6nMe.- ~~ /IX" EXECUTIVE SUMMARY Agenda Item No. 90 April 12, 2005 Page 1 of 8 APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on April 13, 2009, to the Environmental Advisory Council. CONSIDERATIONS: The Environmental Advisory Council has several openings due to resignations. This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DR!), lands with special treatment (ST) or Area of Critical State Concern! Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, SoJid Waste, Stonnwater Management, Water Resources, WildJife Management, or other representative areas deemed appropriate by the Board such as, but not Jimited to, a representative of the development community. Terms are 4 years. A list of the current membership is included in the backup. The terms for Alfred F. Gal, Jr. and Joseph D. Gammons expired on April 13,2005. A press release was issued and 1 resume were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. ~ None I Nick Penniman I TechnicaI- Environmental COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation nSCALIMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 12, 2005 .- Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 90 Appointment of member to the Environmental Advisory Council. 4/12/200590000 AM Agenda Item No. 90 April 12, 2005 Page 2 of 8 Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office 3/23/20052:00:06 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 3/29/20056:43 PM Agenda Item No. 9D April 12, 2005 Page 3 of 8 Memorandum To: Sue Filson, Executive Manager, BCC Susan Muon, Senior Environmental Specialist - Environmental Services Department From: C: Date: Subject: 3I28l2OO5 EAC appllc:atlon I have reviewed the application from Nick Penniman for the vacant EAC position. The following is a brief outline of the applicant's qualifications. His application was used to provide the following information. Nick Penniman is a qualified technical applicant. Currently he is Chair of the Board for Penniman and Browne, Inc., an environmental testing laboratory in Maryland; He has a MA from Washington University in St. Louis, MO. The application does not state the area of study. He is on numerous Boards of Directors including Conservancy of SW Florida. American Rivers, Friends of Rookery Bay, Randall Research Center (archeology); He is a trustee for the National Recreation Foundation and editor of the Collier County Audubon Society newsletter. Can me at 213-2987 if you bave any questions. Tbankyou very mucb. Environmental Services Department Community Development & Environmental Semees Division Environmental Advisory Council Agenda Item No. 90 April 12, 2005 Page 4 of 8 Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term ~s. Erica Lynne 514-2968 11/28/00 676 11 Oth Avenue North 04/24/02 Naples, FL 34108 E-Mail: eñca1ynne@earthlink.net District: 2 Category: Technical-Ph.D. Engineering .Ms. Judith M. Hushon 1659 Chinaberry Court Naples, FL 34105 E-Mail: judyhushon@aol.com District: 4 Category: Technical- Biology 04/13/04 64~222 ..Mr. Alfted F. Gal, Jr. 262-8000 09/12100 6981 Burnt Sienna Circle ~79 03/13/01 Naples, FL 34109 E-Mail: Agal@bsk.com District: 1 Category: Technical-Attorney; Energy & Env Studies ./Mr. Kenneth K. Humiston 594-2021 04/24/02 324 Sharwood Dñve 594-2030 Naples, FL 34110 E-Maü: kh@humistonandmoore.com District: 2 Category: Technical- Professional Engineer .IMr. Irv Kraut 877-1793 01/11105 5131 Harrogate Ct. 877-1793 Naples, FL 34112 E-MaU: cleanairfloñda@aol.com District: 1 Category: Technical- Environmental Health and Safety .-. Page 1 0{3 Wednesday, JaIflUU'Y 12,2005 04/13/02 04113106 1.5 yrs 4 Years 04/13/08 4 Years 04/13101 04/13/05 7 months 4 Years / 04/13/06 4 Years 04/13/07 2 Years Agenda Item No. 90 April 12, 2005 Page 5 of 8 Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Pirone DaJeRe-oppt 2ndExpDate 2nd Term .Mr. William W. Hughes 43~1188 04/13/03 4501 Rosea Court 435-3923 Naples, FL 34104 E-Mail: hughesco@earthlink..net District: 4 Category: Water Treatment & Hazardous Waste ~ 1"'~J. Mr. Joseph D. Gammons ~ \.]...Ð5 337-1212 12/16103 185 Skipping Stone Lane J - 1\ 354-0075 Naples, FL 341 19 E-Mail: jgammonS@ofdc-inc.com District: 3 CaJegory: Non- Technical-Business Owner Mr. Michael V. Sorrell 353-5932 06/11/02 2335Wùson Boulevard. N. 571-7781 04/13/03 Naples, FL 34120 E-Mail: www.colliersportsman@botmaü.com District: 5 Category: Non-Technical - Owner Lawn Service 1dr. Lee Horn 287-5044 01111/05 2225 Malibu Lake Circle, #621 287-5044 Naples, FL 34119 E-Mail: sports1em@aolcom District: 3 Category: Non- Technical- Business Finance and Marketing Wedtu!Sday, J1UUUUJ'12, 2005 Page 2 of3 04/13/07 4 Years 04113/05 2 Years ./' 04/13/03 04/13/07 to Mos. 4 Years 04/13/08 3 Years Agenda Item No. 90 April 12, 2005 Page 6 of 8 Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term _ This 9 member council acts in an advisory capøcit.y to the Boen:J in maI:I8r8 dealing with the regulation. control. management, uee or exploitation d any or all naturall"MOlI'CeS within the County I and the review of aU land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code. 811 developments of røgion8f impact (ORI), lands with special treatment (ST) or Area of Critical StIlle ConcemI Special Tl'8IIIment zoning overlays. areas of the county covered by interIocaI agnMI'nents, ØII'f petitio..s which cannot be resolved between the applicant and staff. The Bo8rd should coneider a membership guidetine of six (6) technical and tine (3) non-tec:hnicaI members. Technical members shall demonstrate evidence of expertiIe in one OK men of the following __ related 10 environmental proI8Ctian and naIuraI resources m8lNlg8m8l\t A16 QuaIfty, Biology (including any of the sub disciplines such as boI81y, ecology, zocqy. eIc..), CoøsIaI PRxe II es. EIt1øine PrOGen!s. Hazardous Waste, Hydrogeology, HydrolOgy, Hydraulics. Læd Uee Law, la1d Use Planning. Pollution Control, Solid W..... SÞmMIIIIW Manegement., W.. Reeources. Wildlife Management, or other reprllS .tdtHe __ deemed appropriate by the Boen:J IUCh as. but not limited to. a ."'t""-4ati~ of the development: community. This is a QU88hJudiciaI Committee. After initial appoinbnent8. terms are 4 years. /-. FLSTAT Staff: Susan Mason. Senior Environmental Specialist 213--2987 WetbresdllJ, JØ1tUtUy 12, 2( ( S Page30fJ MEMORANDUM Agenda Item No. 9D April 12, 2005 Page 7 of 8 DATE: March 28, 2005 Susan Mason, Environmental~. s Sue Filson, Executive Manager ~ Board of County Commissio \i TO: FROM: RE: Environmental Advisory Council As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Nick Penniman 611 Portside Drive Naples, FL 34103 Please let me know. in writing, the recommendation for appointment of the advisory committee within the 41 day time-ftame, and I will prepare an executive swmnary for the Board's consideration. Please categorize the appbnts in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 4t -, - Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 REC~J~J;Q NO£: MAR 0 9 il1 {~1 Application for Advisory Committees/Boards Name: ìJ \C~ ¡Pé,..1N\ HÞr~ Bome Pltaw: (~,) 2 (,'l-1~q1., Home Address: ~\\ 1'l)\t(~I1)E. 'Dt') 'Ñ~lGs , fL Zip Code: :;+IO'!> Fu No. 2. (,1. . (,("., ~ B..üteu Phone: e-1IUåI addren: N~" tV (;) dO\· L.6~ Place of Employeement: .&o.rd or Committee Applied for: 6J\1l~H~L ~~\:tity G")\~l.\L- Category (if applicable): l~'{ ~Sb\.l Eu.pIe: c- . I.DtItItd.........dfth...... ·..t...,....-... Bow long have you lived in Collier County: Years q. Months Are you a I"'eIiàered voter ill Collier County: Y a if No Do you currently hold public office? Yes If 10, wltllt .. tit. otIke? J No Have you ever been convicted or any offense against the Law? If yes. espWa: Yes No V Do you DOW serve. or lhlve you ever served, on . Collier COUDty board or committee? Yes If yes, pIeMe lit the œlUÜUeI!IIIIoards: v No PIeue list yell' eolDDUl8tty actlvitiea (dvic (hbl, neïpbørHed -oeiadeas. de. Md positIoa held: ~. 'i>.q (;¡ , ~"'¡(.'f 5."),f1.~ i ~\t ß¡¡). 1M., Ö!I~ ~! (~ 1~I~J ~~) j~~ ~~M~~~L ~~~1)'~1~ . ~~ Ä\J\)\)~ . <.ol.J.Abt. Cð)1-...)1'I\ ~'\JðW ~ 'err E4ueatioa: Þ.. ß. 9Ct,~~ U,....h"E:f..'>I1"'1 I ...,. $11.. ~Pr$~~4"\\":) VNI.J6\t5If4C. I~ St(' J..ðUlS J n-. tIIIiICII MY ~ Ûl/tmIUItÎDII yoø/_ pttftÍIUJIfI. TJ,¡, ~':!"';PII ~ be/___,. Sa r..... EuøIIiH MIIIMgIII''' *1ltItW øfc...y c_-~ ...... JJ.J IIII1Il r.... n.u. N..... FL S411Z. (I,.. .....,..../IØ~.... ¡?'-,. (239)774-3682 tR' ___ to srœfiúonÍiÌiCDllÚ!rl>ov.net. Tit.. YØfI/ør ~,. _tIU ~ ø/CM1i.tr~. .._...,._-~~. ~r Ngenda Item No. 9E ~ April 12, 2005 Page 1 of 2 CITY OF NAPLES AIRPORT AUTHORITY 160 AVIATION DRJVE NORTH· NAPLES, FLORIDA 34104-3568 .....~ ADMINISTRATION (239) 643·07331 ¡"AX 643-4084 OPERATIONS 643-0404!FAX 643-1791, E-MAIL admillistration@t1ynaples.com March 21, 2005 RECEIVED MAR 2 4 2005 ¡30aroßt~Oor r ~ Honorable Fred W. Coyle Chairman, Collier County Board of Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 341 I? RE: Small Community Air Service Development Program Dear Commissioner Coyle: The City of Naples Airport Authority is requesting your support in our effort to secure federal assistance under the Small Community Air Service Development Program. We are requesting $750,000 to provide greater access to the national air transportation system for our community. Our effort to secure funding represents a joint effort on the part of the Naples Municipal Airport, the community at large and the public-private community paltnership which has been tòrmed to ensure its success. That partnership consists of tourism agencies, various chambers of commerce, the local econoÌl1ic development counçil, retail associations, devdopers/contractors, and others. That support has proved invaluable in our success in bringing De1ta Connection to our community. We are counting on your support in our pursuit of federal funding. This funding \vill assure the success of the Delta Connection service; exactly what the "Small Community Air Service Development Grant Program" was established to accomplish. The Naples market is clearly unrlerserved. In fact, our entire region does not have the airline seat capacity we need to support local businesses, residents, and the more than one mil1ion visitors who enjoy our DeàutifuI community each year. We nave also provt.;¡¡ that there is a market for service in Naples, wltn local Delta Connection load factors significantly higher than the national average. We are currently preparing our proposal. We would like to attach a letter of support from you to accompany our submission. We are also asking the members of our federal and state legislative delegation for assistance in securing this important funding. OUf grant proposal must be mailed to the US DOT nO later than April 18, so we are requesting receipt of your support letter prior to that date. Should your staff need any additional information or a copy of our previous proposals, please contact me or Gail Cureton, Director of Commtmications, at (239) 643-0733. ,-, Sincerely, ~~~ O. Theodore D. Soliday Executive Director ..,..--:;> ~ \ .ß' // 'O~7 NAPLES MUNICIPAL AIRPORT ¡he fSetllillte -Pif'pøn inlke OmIt"1J ..... Prj,"\tCd (m Rf1<..'"ide-d PlOfWr. '... Item Number Item Summary Meeting Date Agenda Item No. 9E April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9E Commissioner Coyle requesting Board approval to send a letter of support to the Naples Airport Authority for their effort to secure federal assistance under the Small Community Air Service Development Program. 4/12/200590000 AM Prepared By Date Paula Springs Board of County Commissioners Executive Ai de to the BCC 4/1/20058:58:14 AM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date Bce Office 4/4/20058:32 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/4/2005 8:33 PM March 29, 2005 Agenda Item No. 9F April 12, 2005 Pagf;\·ð Of:.ant.v 21 Fir.>l Sired, Suite F Collit't' C()unt~' ,"''', 1450\knihuc Drive Napks. Florida:'4 102 FJt}rida l~h()J}t '1Z-~ RECEIVED MAR 3 D2D05 l'fOlcctil1g [he na/Ufe 0/0111' cOll1l11U1lÌrrjÍir 40 1'i'UI".\. Honorable Fred W. Coyle Board of County Commissioners - Chair Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Board of County Coml!\lII$Ì()f!E!f'I¡ Dear Commissioner Coyle, On June 9, 2004, the Board of County Commissioners (BCC) met in a workshop to discuss the potential purchase of the Caribbean Gardens in an effort to save the zoo. During that workshop, the BCC suggested the formation of a Blue Ribbon Committee with a mission to determine the best plan for the development of the ISO-acre parcel, and to identify potential funding sources for the purchase of the land. The committee was formed in July 2004. ....-. Through monthly meetings, the committee has identified a conceptual plan for the parcel and is working toward identifying potential funding sources from various organizations as wen as possible grant funding sources. During the March 15 meeting, the committee expanded îts membership to 12 members and is now seeking applications :&om interested parties who demonstrate expertise and experience in several categories in an effort to broaden the scope of membership throughout the community. Since a City Council Member is serving on the Committee, the members felt it would be appropriate for the County Commission to be represented on the committee as well. This letter is to request that you consider appointing a County Commissioner to serve on the Caribbean Gardens Blue Ribbon Committee. Thank you for your consideration. ~' Kæhy~ ~ President and CEO .-, cc: Commissioner Donna Fiala Commissioner Frank Halas Commissioner Tom Henning Commissioner Jim Coletta www.t·onscnUlw,v.org ,.., ·""'__'·'.i·,".·~t......,."·..".....·,,..,,~, Item Number Item Summary Meeting Date Agenda Item No. 9F April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9F Consider a request from Kathy Prosser, President and CEO of Conservancy of Southwest Florida, to appoint a Board of County Commissioner to the Caribbean Gardens Blue Ribbon Committee. (Commissioner Coyle) 4/12/2005900:00 AM Prepared By Date Paula Springs Board of County Commissioners Executive Aide to the BCC 4/1/20054:49:38 PM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 4/4/2005 8:22 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/5/20057:50 PM Agenda Item No. 10A April 12, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve Resolution 2005-_ creating the Habitat Conservation Plan Advisory Committee OBJECTIVE: To obtain Collier County Board of County Commissioners (BCC) approval for creating the Habitat Conservation Plan Advisory Committee CONSIDERATION: On February 15, 2005, the Collier County Board of County Commissioners (BCC) conducted a Listed Species Workshop and provided staff with direction to propose the creation of a Habitat Conservation Plan Advisory Committee (HCP AC) for the BCC's further consideration. As proposed in the attached resolution, the purpose of the nine member HCP AC is to assist the Board of County Commissioners in detennining the feasibility and desirability of developing and implementing a Habitat Conservation Plan (HCP) that will provide for the protection of Red-cockaded woodpeckers. All meetings of the HCP AC shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. Summary minutes will be taken at committee meetings. "'-''', In order for the BCC to consider funding the development of a HCP in FY06, the HCP AC will need to complete and present its recommendations to the BCC at the first BCC meeting in September (9/13/05). FISCAL IMPACT: Staff time for the committee is estimated to average 10 hOlls per meeting. Existing staff from the Environmental Services Department (ESD) that are not part of the Environmental Review Section will be assigned to coordinating the committee's functions and researching infonnation relative to HCPs. Summary minutes will be contracted out at an estimated cost of $175 per meeting. Staff estimates that the committee will meet 6 times to develop its recommendations for BCC review in September. Although not specifically budgeted for this committee, funds are available in the ESD budget to cover the $1,050 in contractual services to prepare summary meeting minutes. GROWTH MANAGEMENT IMP ACT: This effort assists in implementing various policies of Goal 7 of the Conservation and Coastal Management Element that addresses the protection and conservation of wildlife. LEGAL CONSIDERATIONS: Ordinance 2001-55, as amended, outlines the requirements for the creation and implementation of County advisory committees. The HCP AC will be subject to these requirements. RECOMMENDATION: That the Board of County Commissioners approve the attached resolution creating the Habitat Conservation Plan Advisory Committee. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Item Number Item Summary Meeting Date Agenda Item No.1 OA April 12, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A This item has been continued from the March 22 2005 BCC Meeting. Recommendation to approve Resolution 2005-_ creating the Habitat Conservation Plan Advisory Committee. (Joseph K. Schmitt. Administrator, Community Development) 4/12/2005900:00 AM Prepared By Date William D. Lorenz, Jr.. P.E. Community Development & Environmental Services Environmental Services Director 3/10/20053:48:38 PM Environmental Services Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 3/10/20054:04 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 3/11/20059:14 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/11/200511:15 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 3111/200511:21 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 3/25/200512:08 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/28/20054:34 PM Agenda Item No. 10A April 12, 2005 Page 3 of 4 RESOLUTION NO. 20OS-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ESTABLISH THE HABITAT CONSERVATION PLAN COMMITTEE AS AN AD HOC COMMITTEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR TERMS, APPOINTMENT OF MEMBERS, AND FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND COMPENSATION; PROVIDING FUNCTIONS POWERS AND DUTIES; AND PROVIDING FOR DISSOLUTION OF THE COMMITTEE. WHEREAS, the Board of County Commissioners has expressed a desire to create a Habitat Conservation Plan Advisory Committee as an ad hoc committee to assess the feasibility of deve10ping and irnp1ementing a Habitat Conservation Plan (HCP) for Red-Cockaded Woodpeckers and to provide a recommendation to the Board of County Commissioners as to the desirability of the County to pursue the development of said HCP. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORiDA, that: SECTION ONE: Creation and Purpose of the Habitat Conservation Plan Advisory Committee. Pursuant to the provisions of Collier County Ordinance No. 2001-55, the Board of County Commissioners hereby establishes the Habitat Conservation Plan Advisory Committee (the "Committee") as an ad hoc committee to assist the Board of County Commissioners in detennining the feasibility and desirability of developing and implementing a Habitat Conservation Plan to provide for the protection of Red-Cockaded Woodpeckers. SECTION TWO: Terms of Office; Appointment of Members; and Failure to Attend Meetings. The Committee is hereby created as an ad hoc Committee for a period to expire three years from the date of the resolution appointing the members. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55 or its successor ordinance, and shall serve the full three-year term under the ordinance. The Committee shall be comprised of nine (9) members. To the maximum extent possible, the Committee membership should have representation from various stakeholder groups including, but not limited to, potentially affected property owners, the development community, and environmental interests. The members shall serve at the pleasure of the Board of County Commissioners. The County Manager shall select a staff liaison to attend the Committee meetings and assist the Committee. If any member of the Committee is absent from two (2) or more consecutive meetings or one-half of the meetings in a given year 'hithout a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 2001-55, as amended Dr its successor ordinance. Agenda Item No. 10A April 12, 2005 Page 4 of 4 SECTION THREE: Officers; Quorum; and Compensation. At the Committee's first meeting, the membership shall elect a Chair and Vice-Chair. Thereafter, Chair members shall be appointed annually. The presence of a majority of the voting members shall constitute a quorum. The Committee shall adopt rules and procedures for the transaction of business and shal1 keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be: A. To serve as a forum for community review and discussion regarding Habitat Conservation Plans. B. To evaluate the feasibility of using a Countywide HabitBt Conservation Plan to protect Red-Cockaded Woodpeckers in Collier County. C. To estimate the costs of developing and implementing a Habitat Conservation Plan. D. To provide a recommendation to the Board of County Commissioners regarding the development and implementation of a Habitat Conservation Plan. AI1 meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. An meetings shall be held after reasonable public notice is provided as to the Jocation. time and subject matter of the meetings. SECTION FIVE: Dissolution of Committee. At the conclusion of three (3) years from the date of the resolution appointing the members, the Committee's services shall be dissolved; however, if by resolution the Board of County Comrrússioners extends the tenn of the Committee, dissolution shall occur at the end of the extended tenn. This Resolution adopted after motion, second and majority vote. DATED: A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to fonn and legal sufficiency: (/111-4 V I~ Michael W. Pettit Chief Assistant County Attorney 2 - .'...-----.- Agenda Item No. 108 April 12, 2005 Page1of18 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the acquisition by condemnation, it necessary, ot perpetual, non-exclusive road right-ot-way, drainage and utility easements, and a temporary construction easement, which will be required tor the construction ot roadway, drainage and utility improvements tor the Golden Gate Parkway I Airport-Pulling Road Grade Separated Overpass - Project No. 60006. (Fiscal Impact: $366,200) OBJECTIVE: To obtain authorization trom the Board of County Commissioners to acquire by condemnation, if necessary, all real property interests which are required for the construction, operation, and maintenance of a grade separated urban interchange at the intersection of Golden Gate Parkway and Airport Road and associated improvements to Golden Gate Parkway. - CONSIDERATIONS: On January 13, 2004, the Board of County Commissioners adopted Resolution No. 2004-14, authorizing the acquisition by condemnation of right-of-way required for the construction of either at-grade improvements to the intersection of Golden Gate Parkway and Airport-Pulling Road, or for the construction of a grade separated overpass. The legal description for Parcel No. 105 (attached to Resolution No. 2004-14) had been prepared to conform with the long-standing Grey Oaks PUD I Halstatt DRI Transportation Development Commitment to convey forty (40) feet of right-of-way to Collier County along the south side of Golden Gate Parkway, between Airport Road and (future) Livingston Road. Resolution No. 2004-14 was adopted at the 60% Design Plans stage of the project, after the Board's consideration of all of the information set forth in the Interoffice Memorandum from Gregg Strakaluse to Norman Feder, dated December 29, 2003, which was attached to the original executive summary, and which is also attached hereto. Since that time, the County made a formal request to Panthers Grey Oaks, Inc., for the 40 foot right-of-way dedication, and through discussions with the property owner, evaluated a number of concerns raised relative to project impacts and the property acquisition. In an effort to minimize the right-of-way acquisition, and as a result of the Board's determination to move forward with the overpass design, a detailed analysis of the exact limits of construction was performed. That detailed analysis has yielded a southerly project limit in the southeast quadrant of the intersection that results in a need for less than forty (40) feet of additional right-of-way along the existing right-of-way line of Golden Gate Parkway between Airport Road and Livingston Road. After considering the County's long range plans in the southeast quadrant of the intersection (future roadway safety, pathway and utility plans), and the cost-savings which could be achieved by minimizing the right-of-way taking in this quadrant of the intersection, staff recommends that the taking be minimized, and that the Board, having been so advised, and in consideration of all relevant factors pertaining to right-of-way acquisition and construction of this portion of the project, adopt the attached condemnation resolution. - As is nearly always the case, use of the County's power of eminent domain to acquire the necessary right-of-way is a last resort after first attempting to acquire the right-of-way through purchase negotiations. Since the Board's adoption of the resolution in January of 2004, all right-of-way parcels needed for the project, except for the three parcels from Panthers Grey Oaks, have been purchased. Construction is currently underway in the Agenda Item NO.1 DB April 12, 2005 Page 2 of 18 proposed right-of-way under the authority of a one year Right of Entry given to the County in August 2004. At that time, negotiations relative to the purchase of the right-of-way, as well as the other parcels needed for the project, were believed to be near conclusion, with a closing possible by the end of the year. The property has since changed hands and is now owned by Panthers Grey Oaks, LLC. To date a closing on the right-of-way has not occurred. As a precaution, in the event a purchase and closing are not forthcoming in the near future, staff is recommending that the Board determine that the property interests described in the attached Resolution are necessary for the Grade Separated Overpass Project and authorize the acquisition of such property interests through condemnation. FISCAL IMPACT: Total estimated costs for all right-of-way acquisition for Parcel Nos. 105, 105A and 705 are estimated to be $366,200. This figure includes the retrospective appraised value of the land (right-of-way easements) as established by the mutual agreement of the County and the PUD applicant at the time of the first right-of-way transfer required for the expansion of Golden Gate Parkway between Goodlette-Frank Road and Airport Road, and it includes the cost obligations of the County relative to property owners' attorney and expert witness fees, pursuant to Chapter 73, Florida Statutes. Added to the previous direct and indirect expenditures of $4,910,800 related to the acquisition of right-of-way for the grade-separated overpass project, the estimated cost ($366,200) of the acquisition of these last three parcels will bring the total cost of right-of- way for the grade-separated overpass project to $5,277,000. -- Gas Tax and Impact Fees will fund the cost of the acquisition of right-of-way for the last three (3) parcels required for the project. GROWTH MANAGEMENT IMPACT: The Grade Separated Overpass at the intersection of Golden Gate Parkway and Airport Road is identified as Capital Improvement Element No. 73 within the County's Growth Management Plan. The recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution and the findings contained therein, and authorize the acquisition by condemnation, if necessary, of all real property interests which are required for the construction, operation, and maintenance of the Grade Separated Overpass at the intersection of Golden Gate Parkway and Airport Road; and 2. Authorize the Chairman to execute same on behalf of the Board; and 3. Approve any and all budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager Transportation Engineering and Construction Management -, Agenda Item No. 10B April 12, 2005 Page 3 of 18 Attachments: 1. Interoffice Memorandum from Gregg Strakaluse to Norman Feder, dated December 29,2003 2. Condemnation Resolution 3. Exhibit A to Condemnation Resolution ...- -, Agenda Item No.1 DB Apríl12, 2005 Page 4 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10B Recommendation to adopt a resolution authorizing the acquisition by condemnation, if necessary, of perpetual, non-exclusive road right-of-way, drainage and utility easements and a temporary construction easement. which will be required for the construction of roadway. drainage and utility improvements for the Golden Gate Parkway / Airport-Pulling Road Grade SeparaJed Overpass - Project No 60006. (Fiscal Impact 5366,200) (Norman Feder. Admilllstrator, Transportation Services) Meeting Date 4/12/200590000 AM Prepared By Date Lorraine Lantz Right Of Way Coordinator 3/30/20055:19:05 PM Transportion Services TECM-ROW Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 3/31/2005 9:40 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 3/31/2005 10:01 AM Approved By Gary Putaansuu Senior Project Manager Transportation Engineering and Construction Date Transportion Services 3/31/200510:24 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 3/31/20055:01 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 4/1/200510:28 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 4/11200510:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/11200512:06 PM Approved By Michael Smykowski Management 8. Budget Director Date County Manager's Office Office of Management & Budget 4/4/2005 12:09 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management 8. Budget 4/4/20053:32 PM Agenda Item No.1 08 April 12, 2005 Page 5 of 18 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 41412005 8:46 PM Agenda Item No, 10B April 12, 2005 Page 6 of 18 TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: Norman E. Feder, AICP, Administrator, Transportation Services Division FROM: Gregg R. Strakaluse, P.E., Director, TEC&M Department DATE: December 29, 2003 SUBJECT: Condemnation Resolution for Golden Gate Parkway from West of Airport-Pulling Road to West of Livingston Road Collier County Project Number 60027 Part C On January 13, 2004, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to six-lane Golden Gate Parkway from west of Airport-Pulling Road to west of Livingston Road/CR 881. This project includes a grade-separated overpass at Airport-Pulling Road. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: ] . Alternate routes The need for additional east-west arterial capacity within Collier County for travel demands west of Co Ilier Boulevard has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments. Pine Ridge Road/CR 896 is currently a six-lane roadway between US 41 and Logan Boulevard. Both Immokalee Road from US 4] to 1-75 and Vanderbilt Beach Road Page ] on Agenda Item No. 10B April 12, 2005 Page 7 of 18 tram Airport-Pulling Road to Collier BoulevardlCR 951 are currently under design for expansion to six-lanes. Future design plans will complete the improvements of portions of Radio Road, Davis Boulevard, and Rattlesnake-Hammock Road to four- lane roadways. The Golden Gate Parkway corridor is one of only six east-west corridors in Collier County. The construction of the new 1-75 interchange at Golden Gate Parkway, to be completed in 2007, will place additional capacity demands on Golden Gate Parkway. To meet current and future capacity needs, the only viable alternative is to widen Golden Gate Parkway to six lanes and provide a grade separated overpass at Airport-Pulling Road. 2. Safety factors The design of the Golden Gate Parkway improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, the FDOT Plans Preparation Manual, and related design manuals; American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; Manual on Uniform Traffic Control Devices (MUTCD); and Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92- 442 as amended in Resolution 2001-247, dated June 26,2001), and the Public Rights of Way Construction Standards Handbook (as applicable) to ensure the safe movement of people and goods within the project limits. Long range planning factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LR TP (adopted 2001), the need for six- laning Golden Gate Parkway has been identified. The six-Ianing is consistent with current and near future travel demand needs and the availability of financial resources. 3. Environmental factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Golden Gate Parkway from west of Airport-Pulling Road to west of Livingston Road will not affect any wetlands nor are there any endangered or threatened species identified along the corridor. Refined evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds. Water quality treatment will be provided by wet detention ponds on the east side of Airport-Pulling Road discharging into Airport Road Canal. West of Airport-Pulling Road, stonn sewer will discharge into the existing water Page 2 of3 Agenda Item No. 10B April 12, 2005 Page 8 of 18 management system for Grey Oaks-Estuary, where water quality will be met without any impacts. The Environmental Resource Permit and the Right of Way Occupancy Pemit for this project is currently under review by South Florida Water Management District. 4. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The project includes a typical six-lane section with sidewalks and bike lanes on both sides. The corridor is bounded on the north and south sides by commercial lots and residential golf communities. The footprint for the grade separated overpass was established in the Grey Oaks DR!, with the bulk of the right-of-way being set aside in northwest and northeast quadrants of the intersection with Airport-Pulling Road. As the roadway heads east toward Livingston Road, the recommended typical section requires additional right of way from both sides along the corridor. This project will match the proposed typical section used for the Golden Gate Parkway east of Livingston Road. Construction on this project is planned to commence during fiscal year 2004. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs and problems of the community. Thank you for your time and review of this vital information. NEF: GS/GP:cs C: Ellen Chadwell, Assistant County Attorney Heidi Ashton, Assistant County Attorney Gary R. Putaansuu, P.E., Senior Project Manager, TE&CM Department Page 3 of3 ---_.~-- RESOLUTION NO. 2005 - _ A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION OF PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND/OR lITILITY EASEMENTS, AND A TEMPORARY CONSTRUcrrON EASEMENT, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE GOLDEN GATE PARKWAY f AIRPORT-PULLING ROAD GRADE SEPARATED OVERPASS PROJECT (PROJECT NO. 60027). WHEREAS. the Board of County Commissioners (Board), on May 9. 2000. adopted Ordinance No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and constructi on of the various capital improvement projects; and WHEREAS, the Board, on November 19, 2002, adopted Ordinance No. 2002-60 amending the Growth Management Plan by amending the Capital Improvement Element and the Transportation Element of the Growth Management Plan; and WHEREAS, the widening of the existing four lane divided roadway to a six lane divided artcrial from Bear's Paw to Livingston Road, including an overpass at Airport Road intersection with connecting ramps between Golden Gate Parkway and Airport Pulling Road (Project No. 60(27) (hereInafter the "Project") is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS. the Grade Separated Overpass has been identified as a need in the Metropolitan Planning Organization's (MPO's) Lvng Range Transportation Plan since 1993 and has been identified in the County's Transportation 5- Year Funded Work Program since 2001; and WHEREAS, due to continually increasing traffic volumes on Golden Gate Parkway and Airport- Pulling Road, it is now necessary and in the hest interests of the citizens of Collier County to expand the capacity of the interch¡mge at the intersection of Golden Gate Parkway and Airport-Pulling Road; and WHEREAS, the Board, on January ]3, 2004. considered information about the need for the proposed intersection improvements and other relevant factors such as safety, cost, long-range planning, alternative routes and location, and environmental concerns; and WHEREAS. the Board, on January 13, 2004, adopted Reso]ution 2004-14, authorizing the condemnation of casements which were required for the Project; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the ]egal descriptIOns attached to and incorporated in Resolution 2004- Agenda Item No. 10B April 12, 2005 Page 9 of 18 14, except as amended and supplemented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS. after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, which infonnation has been presented at various times and in multiple forums, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLŒR COUNTY, FLORIDA, that after consideration of the foregoing matters. that it has been detennined by the Board that the construction of the Project is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Pmject is part of the County's long range planning effort. and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT [S FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project. and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" as perpetual or temporary easement interests, and te thereby modify the location and extent of the project as previously fixed by Resolution 2004-14. AND IT IS FURTHER RESOLVED that aJl property shall be put to pubJic purposes. A1\'D IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127. Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and i ncmporated herein. Page 2 - - _.._--~------ Agenda Item No. 106 April 12,2005 Page 10 of 18 AND IT IS FURTHER RESOLVED thai no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution shall amend and supp]ement Resolution 2004-14, relating back to the prior resolution's dale of adoption. This Reso]ution, adopted 011 this _ day of . 2005, after motion. se¡;und and majority vote. A TrEST: BOARD OF COUNTY COMMISSIONERS DWlGHT E. BROCK, CLERK OF COLLŒR COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: __kv~ ElJen T. Chadwell Assistant County Attorney Page 3 Agenda Item No.1 08 April 12, 2005 Page 11 of 18 !Dl()CO 00= ~O .N ~~' ~'i: _0- -< ro 1J C ( ) V> « ~ -==:¡- Z----c:::::r '- ~ ~ ~ ~ ~ ~ SOO"2S'22-E 5 . ~ N ~ ~ ~ 1; ~ cjg O~ Q~ ) 1"i3W~ Alnun ONV }jMJ 'V1JO 'A'tM-.:K)- .LHÐI~ ovm' -~': :;~n~ '1Vn.1.3d~3d L , ., .. ~ ~ " ~ 11 ~ ",;8 .~ g ~~ ~~ :~ z >- <t :s: ::0.::: a: <t 0- W f- <t c:> ~~ H m z w o .--J a c:> ~ .-:''f,. ~.. 'Ø .. ~~ ~n ~~ ~ ~ e. CD o Q , ; I ~ ~ " ! Œ w o Z <t a::: c:> (f) W .--J 0- <t Z ~ ~ In. :;~Jio. ... "'~ g,~;1; hI: '::S 'õ.~.: ... ., z, '" ~ ~~e¡ ~ :i1 ~ .. '¡..~ vi/:. ,.:8 ~~ ;; ~ 'iI'S . g - =~~ ~ 1J.,t-' . çJ~-§,!~ òd t!3 It! .... ø:. . -<" g..-1J ~ Az ,5 N ~ ~ ..., r.;¡ ~. . . ¡.... IJ:I ::>.... ';::U"'IIC o ¡:¡::; ¡:¡::;'" ~ (3 <W];~; .-.'Ii:Q... ,S ~ ~ z ñI.I...... ~ 8 ~ ~ ......... " h . . ......... -."" :=::::::: Æ ~.; C 0> '¡;; <> co o ..« -g.;( ~~ io... tiQ.."t)~ .' 0'--' (lI0 0m ~ -u -5 gco '5 =ii:: ~" õ ¿,~ ,91. 0 <> o ro~ Ì'i V) >- W > a:: :::> (f) « f- a z ... o o Ò N 0 II ~ ~~~ ·.u èû 0 20õ C1 o ü 0 '0 (fI Ü >-..... «:(11 3:~ -!:>:: «:~cn z«: N aD.. f: ~ ~ 8<¡; -«l?e:::« LL Z _·9 QLLJ I a::: O.....a zððc:i 2<':>(11 I, ~ lJ... (J) >-- C¡::O v~ ~C)o...~ w~I8 0"'(11 0;":20:: z :!=w <:>-o::¡ « I-- 0 I Q~LñU ¡-'N 'u"- ",oz (1110 >- ~ I>- <.:>U _ w '" (11 >- f- Z ::::J o U Ctê ill :::J --1 o U ¡; .2 ¡,; :¡:¡ :¡:¡ ~~w ~(Lt5 ~ ~"N ~ ~~~ sffi., ~ ~~~ ~ ~ ~ œ;S...J ~~ h ~;! ' ;,¡¡~ ~-o U h d~~ ~ H ~ ~ §~~ I i!' ~ ~ DI c oð~ ~ ~ ~ ~.,~ ~!i ~ffiþ! t5 II . ~ ~gui5iS ¡g~¡ ~" Li !I! i!J~~." ~æ!i ~~~ã~~:õ5~~8 ..: ~..) .. on WW!I:;J:JIr; ~ 'Q>~ ...bå. ~ .0..-...... c ~ ~~~~~ ~ V)~::: is gÇ::~~~ ~ :8~~~~ is ""="'1")"'" ~ ~;::¡~ ~:8 !~ ~~~~~ ~ ::I ('. N .... ('II u¡ ~;~g~ : ~;;.¡~ ~r;; 'b~a . . -< P:-!2 Õ 8 ~ !5~¡¡~S ë ~_tþ~~ ~. ;n) ·ON 1DfVd ~ GD:nl'J "7l o -¡968d it .ll81HX3 .r¡ ú) õ~g co ~ ;;:: ~"'... ~!~ I I I G;$i "I!.'" Q~; "'...'" ~~~ OJ L") co 00 ~~ o . Z;::! C_ §'§. -«1: ro -:J C <lJ ÜJ «1: -=:::::::t-- Z-c=¡ ª I I ¡ I ¡ ! i ~ ¡ ~ I z ¡ ::: I ~ ( ~ I I i / Ii ¡if 1<:( 'Q Iw ! ~ û l:z Iw 13 1o I() '- ~ ~ 50.0 w o Z <C Ct: () (j) W -.J Q <C Z o ..<~.c{~~ §.. 1::0.... ~o.... ¡[) ,;; ~ü ~ü-go ~ ~ -ð -5 g ~ .~ ~~ -' I~ l) 0 Cl) Ow '§' èú ~ "- If) '" <f) õ~~ N CO E <t- O o 0 '" 0 -"'''' -co -CN ""'N " , ""'''' ".'" ~.!!..~ ".... """ ~~~ >- ~ Ct: :::> V1 « f- a z >-f- oO:tIJ ,=00: "'W </.0:: ,"" zoO: N I: 00... ¡-:.--~ ~~t5 "Uw 0 21Q= Do:;! z 2°-0 OJ r; ~:2b. ~()&« ~ ~ 8 ~~~ LL Z .0 r; 1ft: o~ ~a::o- 3 ..OÕ~ --.J -. ~ . :rID Zoo-.JI Z'C~ g '-' tIJ LL. 15 ~ ~¡:¡ Q:lL.. cn~ Æ 0J-ø 5°-.tz .:d~'~~ (/}Ü(L:)" .iI1ø:1~ D::: ~ª~8 S:ª~ w ~;::~ffiDêh~ j <t:>-~j t3~~ ~ o :r ~ cñ8 I j ,; ~ 1 g U ~~N [ c:ö ~~,...~~ ~oz < (lJõ"i:ηe (f) I 0 ~ e·s~.:g5 I-¡::: ::J ~ ¡r;....~~~~ Iu 0 ¡¡:¡ ;:J""aU~ ~~ ~~:;;¡~õj~p ~ "'¡: !>'" .-ri ... .S § P ~ -.w...... ., 8 § ~ 1=::::::: ~ t 8 ~ I:::::::: Æ ~ ~ 1>- 'f- Z :::> o u ~ ¡,; ~ ·ON ._--~. ".Ρ\ ~ L1 \.1 ./ JJ__~.unJ.n~ ~ 'A'tM":IO-.LHÐAI CM:* ~~1~ ~ a --L;-lO (':;;- ~rJ:' < / 11811-\I} / aJLD<ú 00 ~O ,N o . Z~ ~'E -"'- -.0:: m "0 t: CD ÜJ .0:: ê -===:1- Z--c:=::J ." ~ ~ ~ ~ I ~ ,[ G " ø ~ B ; I >- ª ~ ~ ~ :x: ct: <:( Q W I f- « ~ (;) N :;¡ Z W 0 -.I 0 (;) i\ <J >- ~ 0:: :::> (f) ~ I- o Z ~ ~ . I 9 ~ " ~ ~ Œ I w o z <{ 0::: (;) (f) W ....J Q <{ Z ë en ë¡; QJ 'U o ..4: .~o;{~~ ia..-t(L'"02.. ~ü ~C> S~.~ ""Cuo> >- I- Z ::::) o u er:: w ....J ....J o U )-f- <{lf1 ~<{ o<:W ;;frY- ~ Z <{ N 00.. E W t5 of- Z 0«« «0(ì:C« u..Z ·9 OWIct:: Of-a Z~::>-.J oOou.. ~'-' {/'I _ Q... u.. (J) >- œO~~ 0SDCLE; ~~ ~u <{ Z r:t: ~r-;:~ <i>-o-.J «f-Ô I~ ·u Oil!) t- u.. N ~C?Z v),o f-F= Iu '2w Q:'lf1 '- .E Qj :¡:; :¡:; (J 11 "ON 130HVd lPaW3SVi.unun C»N 39't'NMIQ 'AW'-:IO-lHOOI CM»j 3^ISn-r.>x3-NON ''"MtI3c:At3d -r O C¿' 8ð8d tj .l181HX3 ~ ~" ... I~ ~ 8 Q) "e ro ~ a. '" ¡() en 'õ~~ t') co Æ "" ..,. o o '0 N 0 :::~a ~"N ""N I I I Iìõ"" .i!.H, ...... !lEE .111 ~ ..~.-i~ ~g-6 1& .g ~ 18 ~.o= ~ i!~" g, ¡:; i! ~ IIÎ~ S i .~~ 11.1 . :pI ) Z -[!P1 "8 ~~:~ Æ ~i1 -':I1J:i! ti t: ~~ ~j ~:3 ~ë 'S ,; ~ê..~CI): r.i -g~g ~ ~ ~ ~&:; -< ~ c,.:i-E 1:1: ~z.S ¡q ~ ~ tJ.[ II C ø ....:I D:I ::> o: ;¡<..J" ~ crf ~ CIJ ¡Eo"ò òM~].ï-¡' ...........,-4...... 0 § ,:, 3 illll.l...... .~ <'J ¡ ~ :1:::;::: ~ ,t 8 ~ I ::::::::: ~ ~ .§ CD l{) CO 00 ~~þ :ê~4? r: = 5, § 0. ~ -;;<¡ -g ill OJ « -====:t-- Z--c=::::r ~ ~ ~ ~ ~ " z ¡;¡ " 'll~ I I I I ~ I ~ I ~ I ! ~ ~ z " " .. ~ ~ ~ ~!2 _Ng ·oJ ~~ ~ ~. ~~ n ~ M ~ ~ ~ E ~ z z r--.o.o-- >- « 3: ':.<' lLJ Ct: 0 « z 0... « Ct: w C) ~ « Ul C) W -.I Z 0... W « 0 z -.I 0 C) ~ u [ ~ .. . ~ :ö ~ æ ~ ~ ~ I o ..<t]<i~~ ~ ~(LtiD--o~" '(ñ o~Q)üoC))~ ~ -5 {j g OCJ "S ~~ I~ ~ g Q) 'e 0Ci1 Q. '" "' en õ~g ... CO ~ <.= >- W > 0::: ::> (J) « f- a z ,- ~2 ~tn Ó ~a !:~ 3: <r: 0 Q...., , Y W N 0 ~~;" « C::: If) ..... II ."' ._, ô;;: N ,_ _"" ;~~I ~~ t5 ¡¡jglf~ 0 ~ ~~g,. 5<i ~ ~ g 8 ~~~ <r19n::<{ ~IIÌ~ >- w...Z ·9 1..4.!: _ OW IQ:" I '. '" ~~;t f- zg~~ I !VJz'f~ Z oOou... !"'C "PotQ :::J ¡::ü (I) _I IT : ~ ~"" o 0...1..1..- > õ.. ,_ ~.:!] c¡;o;¡,:z ¡ l.'d"¡]. U U ::J 1;;1 I -."';t o:::w' ~~~8 ~ ~.. . 'g;g: 4: Za:: I ¡:;:¡ .:1 - 0>-:;: O:-a--,; ~>-o~ ù-å.~~~ -..-«~c5 i ~ .o~g -:;:,nu ¡;.¡ ~ ~.:!" ~~N ~ ~~:~~ Dj ? Ô ... i:t< @ -~ ¡¡ ~ ~ I-¡:: ,...:¡ ~ ;::,c':!u'¡¡ GU 0 ~ ~IlJJîQ¡; õ::b1 ~M~]Þ¡~ '--'1IInII... _2 ä S~ ~...... ~ 8 äi! ======::: ~ .t 8 ~ 1=::::::: Æ ~..; -1 -.I 01 ui i.: ~ ¡,; ~ - l' ì} ·ON~ 1 ~/ ~3 A1I1Un CWtI 3Ð'f'NMKJ ·AW-~.LHÐfY CM>Y 3^ISn1::::1X3-NON '1YrU3dY3d -Z:-ja --Z¡-e6Bd f/ .ÙSIHX3 romoo 00'("'" ~o'" .N ~ ~0~ §'EJ _D. -<!Cl ~ C ( ) 0> <! '" ~ ~ w ü '" ..... "-0 ê~ I õgj ~ß cr'" ü5 "'''' ~'" oJ. " ~ 0-: '" ... w ol) N ~ :i~ "'", .... 513 01= "'.,- m'" ..."- O-W Ï¡J¡ "'''' ¡" ~~ .IX> ol) N.t õ§~ §~~ '" .0 ç;'"" !:;Z'" :0'" ~88 Il.",m ~~~ wOw müo w~ ~ ~?=. ~~~co~~š ~~~~t§§8 ,.6~~~"'ffi ~~tjrso;i~ ZFi5t!"~U EiSF~iSl';i:; Ijtw~tñ~~V1 ~~~j5fß~g V1~~:~~~~ ~a::""':(I)lua:Ci cr~~~~~~~ WJw . o:::V)m~ ~i'15.¡:j>-<2° u~~¡q~(Õ\.¡J~ xg~g~::JF~ ~:~~5~bw !Îi",C:o"'O",F -< ow.x,..,. "JW~If)~¡>:f'./~ ¡;. U'")W zWw ~~N~ð8~m :~8¡;~-~"~ §fŒ)~~ð~~..c: ~~(/)zll.~ Q êi~~~~~gg U:ZU)!/)~a...cc~ 8 = f; ~ ~~ ~¡;;!; ~ If&: :3 i~: 17.I:z; 'e~ -g ~.ß'¡:¡ ..!S 0' 'Ø ~ "'.] i ';"';1 ~þ~~ n;~ . ~] ~! ~ Q.,t-<,¡~ ~d&~ òd ..::¡ '~2 ~ ~,s~~~ ::3 ~ Š~i8~ ~~~~:I; .-'Ììnlnllm ,§ ~ þ ~ ¡w...... :¡ 8 ~ ~ ::::::::: ~ ; 8 5 :::====== ~ ~! ë '" ï¡; " :a I co Ü ..VJ ,,« "« "'" 1 io... tja. -u2 '. 0" ,," Om 3: -0 -5 gca.~ II]! ·ON l3O~v~ ~ '" -> 0- ::> '" >-1- <(If> ;;::« ;iæ ~ ðê'î:N ~~t5 8(3 ~ « 0::« l.J...Z _0 OW I it' zSS:3 000'"- ¡= Ü (f) " .. 9:: L.. (j) Ç: D...,I o::O""z i ~C)D..:J ~~~8 ot:::¡§l3 ~>-O:J <{ I- _..J Ò~ LO-81 I-'N ~~z V)lo ~~ 2~ O::(/) ... o o '" ~ II ¡-: .--~ ~~~ & " u " '0 co ü 10 'I~ ¡§1 ° 5 .OJ '" oES Zz -z ~.~ ~ v) vi ~ffi -.J ._' ID~ -c---. 0::' .Ojl5 _L._~ ._:~.:.-:-,,ª-~- --::- i··i;{'~~--- -"-~-r-' 0: ¡jô >- zl'; ~ "'" >- <<l. '" >- ~ 0::: :::J (/) « I- o Z >- f- Z :::) o u cr: w - ~ o u ¡,: .!è ¡,; ;¡:¡ :;:; ~ '" ~·o :s~ ~.< 0 t; ~ r->-~ 0 1m::? '-' ~5 w::> ~ðl.i..~< ~ W "-t ~ ~m:¡ 5'; ~~ .8g r-=~ tJ w . ~ :;::i g~ ~u~~t;) æ~j;.~ ~~~~~ ti ~ }ge ~~< ~z: ~~w·~~~j!: ~gg o u:iWr-<~ ~~2z< ..q: _~ ~ .z....~w ~ .....<IOCO u.......IX)..... ~~O>.~ gz ~ ~~~~< ~w~<w ~~ 8 ro~gm~ ø °o~~ ~~o<5~ ~go~o~ b~ ~ ..... -n~g~ ~œ~~ ~~ _ ~n~~ ~ ~~ ~ ~~~~ ~ ~ON~~~~ Ow ~ w ~~~zr ~ ~~~ ~~~ ~ ~ ð~~ ~ ~ «~z ~~<5~z ~~~N~~~ ~m ~ ~~j!:~~ ~~~~~ ~~~ ~ ; ~~~~~ ~ ~~~~ ~~~~~~ ~~:~~Q~ ~~ ~ ~ ~>~< ~~~~~ ~~~<>- ~ ~~~oo~ ~ oG~~ ~~oS~~ ~~~zz~~<~~ ~ ~æ~G~~0r-r~~ ~~~º~ ~ ~u~ª~ ~ z~~m ~~ð~gm ~~~~~~~g~Õ ~ õ~~õr~Õ~~wð cz~~1 ~ õ~« 5 gWzB OÕ~~zQ ÕÕ~~~z8~1~ I <~aoc°u...<~~G~ <~N~~ ~ <w,-,~~ < <~~~ «<~~~ «OOO~N~~~ ~ r-w j;<~I-~ ~~ r-ð~·1 'iE r-¡;z.....~ \- ~o<j:: tfjl-tjo ~ ....¡-<-«...Jif¡ .1 ~ ~§~~~~~~~~~ g~g~~ -~ ~~~~~ ~ ~;G~~~~~;~5~~~~~~~g~~: )- . VJu~Q. or: . O(l)ðD::wa..... . 0 <0. Q)Q::::JD~" :gD::~O~' I ~;i:-:I=o(l)ða::w ~ .~c~N~~~~~z5 ~)-oo)-~w ~~~~~ ~ ~ao ~!nao !~.. ~)-ou)-w E5V)- zU,...z ocr~~:¡: f.1<gjo:::~ FE M (!) CJ) .. ~'I(""bÎoìIO ~-<n- a.~;1;\O<Q;'.Q::-i"'" ~~~:~~~~~~~'I(~~~~~w3~gu ~Bæ~~ ~:~ ~~~~~~~~~~~þ~~~§~~q ðj~~F~~<~~u o~~~~o~~~ OO~~~~ ~ æ5~m~~~æ5~~~~~~Nm~~5~~ "'8i'ê~ "'~FF",g~ F~oJ.u~ ~ 'F~~~'" F ~~~8~Fi'~~~ß~F~ ~ I~UW gß",,,,~i5~õ6ðSo5~5rD~g15"'~ðN~<~ '" "'u~~O~~"'DN~0¡J¡ðFFi'~ö159~ ~m~~~~~<~~a~<~z~E(I)~~~~~;w~m ~ ~~~~~zz~~~~~z~5ÕÕæ~~~~ ~~ w - ~WW~ )-~w oc~z~~w~>~~ w w~oœ~www~.wzww~~~ ecuz ~~~u<~~~0uõ~m~u~z~z~~8uu~ ~ u uz~ª~uuuz~~~uuwww~~~z~ Sw~~~~<w~Ò-i~8o~~-ug~~ ffi~u<~ ~ ~w ~~æ~w ~~æ~u~oc ug~ "'~~i'u<' ~FF~ cw~~8~<õ~8i'i''''rc F F~i5~cFi'F~~~cFFw~w~8~"'C w~ D::u8o z~z~ ~ou~<~~ ~o~ ~V)~< ~~~< ~~~<ouw-< ~; :~S~__~~~~_w8~~~~M _a~G~_~~§O~~~~Q~~~~8~~~ ~~SE~~~~~~~~~~~~~~~~~~~~<~~~z~~~~z~~~~~~~~~ JJGniSV3 Á1nun OHV ~MIO ......'fM·:IO-1HÐ ~ avo~ SOl::>x3-NoN '1Vru.3c:Rl3d --Z- O --:-e6Bd ../ (/ 1181HX3 ~ ~ ,. +' I'"" ~ 8ã) ·0 ro ~ :ï VJ "' "' õ~~ "' <ù ~ ;;= "0 o ~{;g V; ~ )I I I I "e.. ;!1 ...... ~!H! - w '" o " o ~'" ~'" is':! t~ I:'w w:5 ~'" :0'" ow "'5 ..... Lri~ õ;r-,¡ "''' zz zž ;« ~~ üü ~-_/'_/'- ///-~/-_// ---- // /' /// -_/:~;\~~// ¢ /~~ --- --- ,/ f'v - ?-'f-~/ //__/- .//9'-"'// ?~/- /'; // 1'~/--G0S// /-/-<// / -\ /- - / .« ------~ ~/ \)~:/ //-:\~-"" \ _/- GOy -/10'" ~-- .-- .-- ',0 / ___- /-'~ ?'t.-'?-/ POINT OF ',_- /"?,I"'''; {'J BEGINN,NG - -----,- //;:::--<.--/ TRACT A ,\~ -,,:~ ð P~;~:T~=~;Š;;'~;T AIL 6~~~~E,~~ GREY ~~ ill ~ T' ~1' A '" ''"'I'''" W 1 ~[t\Ìr- E I ~ I [ T PERPETUAL, NON-EXCLUSIVE ~ -// ! S I I ~ ROAD RIGHT -OF-WAY, DRAINAGE --r~ 'I, q-! - AND UTIL'T'( EASEMENT 'J Ii ~' '! I ~ PARCEL 105A i '0 ~ ' ';i 30,0 sq. It, 'I o:t rpL [4SD/::NI ~ ii, i ~'I ",. ~ I OR 1039/94'. i~ ð ~ 11'1:' if, , g '~' ~I cr I ~ ; I:"'~ N 0 C I i~ ~,I' I Q , .l1 !~~- : ~ --···-----.¡l::.: III \.""] ::-¿,J' [0 NN ü III UI 1m en ( ) ::D Irr. 1[1 c:' 110 ~-~ °1 .- 1[1:: z z ù::, lit: ~ig KJ I ;~ ~I;~ ¿:J IcrT'OC¡ I ,-L --1- -l ~ _-.J I ' ; 1 1~2' I i HIBIT~/) \,'~ , ¡ Lt of ¡ ,- I I '~,:;: / :q I 1 6 / II'I~ II" II!';:- 1"1 dll! /LI =~~ L DETAIL "1\" F--'-~r=-=-- ,of , 1" '-- Áprl¡ 12, 2005 i' '¡--- -EXII-I-Bt+-A-- --- -- - -t='age"17-0flS-- \ I I t -i-- - - - _ _ _ N~RT~~_LI~ ~ .'!..'E ~o~ ~L~S~I~ ~~~ _ _ _ I I ,__ _____.___________. ,I !- i ''l I ~. I ""~ ( ;;>1 I I' Ir I: ~·Ii ;Il ~ II I' I Il_L POINT OF COMMENCEMENT WEST 1/4 COR. SEC 25 HALSTAIT P^RTENERSI~ P OR1428/1.HB ~---~ ~ ~i;:: ~iaJ '-. -- ~~) J?! -:"0 g ~ () 1-- -.-- TRACT D PANTHER GREY OAKS, INC, OR 2501/1206 , .\,.--~._-- ~-----~Î I , r---- :JNE T/~BTF------- ----:::iN~~- --21- ^R:I,G r-L','-.JG'I-! :_. _.L.~.. ... .. -S(J(1~.2. 642"\'1 ¡-S69"7'--- ;,_L,2 __ __ 589)1'18'[ 1 1~9JJº--_ : L3 I S31'[)D'23~1181 ¡.... -L2-----'TNUO·28'4~E-r--llioo - I I I I ~:J~-V~I_¡:[I,GTll--- =1--+- 600- -~~---~-_. 35 J6 BEING PART OF SECTION 25, TOWNSHIP 49 SOUH, RAI'GE. 25 EASI, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS LEGAL DESCRIPTION FOR PARCEL 105A COMI~óNCE AT -HE WEST 1/4 CORNER or SAiD SECllm, 25: THeNCE S OO'28'42'W, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 25, A DiSTANCE OF 569.2' FEET; THENCE LEAVING THE SAID WEST LINE, 5.89'31' 18"E.. A DISTANCE OF 15000 FEET, TO A POINT ON THE EAST LINE Oë LAI\D, AS RECORDE.D IN OFFICIAL RECORJS BOOK 573, PAGE 1IJ52 OF THE PUBLIC RECORDS OF COLlIER COUNTy, "LORIDA AND BŒ'JG THE POIIH OF BEGINNI'JG; THENCE LEAVING THE SAID EAST LINE AND ALONG THE SOUl HERL Y RIGHT-Of-WAY, AS RECORDED IN omCIAL . RECORDS BOOK 2064, PAGE 1164 O¡- rHE PUBliC RECORDS OF COLLIER COUNTY, FLORIDA, EASTERLY 600 FEEl ALONG ¡HE ARC 0, A NON-TANGENTIAL CIRCULAR CURVE TO THE I,EFì AND HAVING A RADIUS OF 519.52 FEET ThROUGH A CENTRAL ANGLE OF 00'39'42" AND BEING SUBTENDED 3Y A CHORD WHICH BEARS N,88'48'40"E., A DISTANCE OF 6.00 FEET; THENCE LEAVING THo SAID SOUTHERLY RIGHT-Of-WAY, S3"'00'23"W, A DISTANCE OF 1161 FEET, TO THE SAID EAST liNE; TCIENCE ALONG TilE S/IID EAST L'NE, NOO'25'42"E., A DISTANCE OF 1000 FEET, TO TilE POINT OF BEGINNING, CONTAINING 300 SQUARE FEET, MORE OR LESS, 8EARINGS /Ir,[ OASU) ON ~ORrH AMtRICAN lJATl!M (,~ A D_: 19R;8~ 19~O ADJUSW[Nl $lATE PLIlr-.;( COO~DI'I^TE SYST[~ (G~'D) rOR nOR IDA EhST ZONE SKETCH & DESCRIPTIO~J ONLY NOT A BOUNDARY SURVEY 100 "') ~~ '--(-.1-._ 4no 'v k '(jS\L...~---------->' ,-:- ----=.J R0G[R C (, ,.},~;, PI<OF(SSIO"lAl srJr,V[tO'~ &: MAf'F[R ~~')r1!OA R¡:CfSTRA.TlC:J CERT.r:CAlj' 0, ~7t'~ snW~G rJATE' 'f( _ (i ? .....0 - ~JOT VA.~ If) wm:QUT m( O:;¡IGIN;( S:cNATuru: ~' IUI ED a,(~}-o5SEO SFI\l Of r, r~_m~[OA RlG.~T[Rr-JJ r~on:SSIONAI_ S\IIl\!~:"O\1 /\1m ~N:"""E~. ~oo FOR CUa'ER COl;"\!;Y GGVERNrv'ENT OOARD or CCIJNly CUvil'.AISS ()NERS SCAL.E: ~"= 200 GOLDEN GATE PARKWAY IMPROVEMEI"TS SKETCH & DESCRIPTION OF: PERPETUAL, NO)'i-f,XCLUSIVE ROAD RIGHT-OJ'-WAY, DRAINAGE AND Fl'lLITY EASJ::MENT P¡\RCEL 105A COLLIER COUNTY, fLOJ<IDA Rnltl~'H' ... ... l' ./Gl. )050 NORTH HORSESHOE DRIVE, SUITE 27(J NAPLES, Ft.ORIDA )4)\.)4 rho (9-1 I) 649·1509 ra" (941) 64«J-7t156 LB No.: 6952 riLE "AME C1-0015SK105^ JOB NUMBE;;> c;:-OOI5 ;8 SHt:E1 1 or ---'~'~--'- !t'HJEX NO; P:\I."'lIl Pf"i~d~ R2\f')r-O()!5\dw( \R!'I".~¡"d r:o""5" I ::Sl' j-'8-C3\R".~"d~RI'! R~"",,(i~-l-l'J OJ\R~v~;ed-R~n(]u(j-4-11!-O_1\Rf'"i'~d 90~ M<.If' '2-,1-0~\O\ OO~S<;;Klü~l\.dwg .V1/2~O,l P&ge-Z- of...2JL Ii '\1 I 1-- - ~XIIIl3II A -- -- ---- ---~~\~-~~-'- ~ 1_ \_ _ _ _ __ _ _ N~T120'~ L~ ~ ~E .£o~ ~L~SE<2I~ 72::-~~ _ _ _ _ _ )\I\l\I~-~ ~.,I ~I --. ·POI~~~~----~- ~~;~T2A;/~~~~TENERSHIP --,.---,--- ," COMMENCEMENT /___--. 1,:5 iš I I WEST 1/4 COR. ~//----:/_/------ ./ 18S :: 01~ SEC 25 //.-/./' ________-------- III~ ~ii !:~ /~;;'í~~;~/.-/~/~~---- ~=-r , I 0 I 0 //<:::~~/ '(\,-'11'/ /:;: . -- ill ///'~ G~ ---:.:::-//./' TRACT D c1~ I t ' ,./ / .....,,'" ' / A/', PANTHER GREY OMS INC ,/ I -- ".-/ :-v'V'<.'>/ /,,,\~/ \ OR 2501/1206 ( =- '-=-- I L-.- _-,------ GO';:/' /< 0" I , -~---=-'--=- -L - ;:.--- /9'-"-: / , I , POIN r OF .....----.- /,., l~~GINNING f .--, -~=---:;;:::;;:>- ~ -~ 0 zr~/.-/------ TRACT A I ~\l~ « _ PANTHERS GREY ~'~' ~¡:¡ ¡L4 ~ SEE~f;:~PORA;¡'¿~7"" w -1n,~,;Uli, F: I,' I ~ I 1-::¡ CONSTRUCTION EASEMENT ~._ I ~ N' ' PARCEL 705 l~~~ I¡II ~ I £ j : I \ 685 sq ft. II I "',..-j L,o rPL E^SU,",ENT ¡ ..~ ~¡: uN'" ~I!~ ~I ~ I: Ç-LÍÑT-~IB~¿~I~L~ ¡-'LENGTH I~ I'· 'e 0 1---~I2., ... S:O_Q':';>c{4Z"W ',..569-21 Q £J ' ,L3_,:SþjJ'mô'l_1.5000 DETAIL "Au ,It; ¡:¡ L::L3 SJO'33',3/."W 1796 ~'.. --- ---1 '1",", '" '" I -~-NÖÕ'28'42"E- -'1525 - ; -"f~~ - --IJI¡ ¡II ¡C"~"""~~~ ---- I ~t/JU1 Q::: I" = 50' L I _-L ---- -- .-.J I~ I I --- ---------- l 1 \ I I I 1 \ I 1 I I I \ \ --J J5 36 LEGAL DESCRIPTION FOR PARCEL 705 BEING PART OF SECTION 25, TOWNSHIP 49 SO'JTH, RANGE 25 EAST, COLLlU< COUNTY, FLORIDA BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS. COMMENCE AT IHE WEST 1/4 CORNER OF SAID SECTION 25; THENCE S OO'Zß'42"W, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 25, A DISTANCE OF 569.21 FEET; THENCE LEAVING THE SAID WEST LI~IF, S89' 31'18"E., ^ DISTANCE 0" 1 :,000 FEET, TO A POINT ON THE EAST LINE OF LAND, ÞS RECORDED IN OFFICiAL RECORDS BOOI< 873, PAGE 1882 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POI"lT OF BEGINNING; THENCE LEAVING THE SAID EAST LINE AND /,LONG THE SOUTHERLY RIGHT -OF -WAY, AS RECORDED IN OfTICIAL RECORDS BOOK 2064, PAGE 1164 OF THE PUBLIC RECO,RDS OF COLLIER COUNTY, FLORIDA, EASTERLY 9.00 FEET ALONG TfiE ARC OF A NON-TANGENTIAL CIRCULAR CURVF TO THE LEFT AND HAVING A RADIUS OF 519.82 FEET THROUGH Þ. CENTRAL ANGLE OF 00'59'33" .AND BEING SUBTENDED BY A CHORD WHICH BEARS N.88'38'45"E., A DISTANCE OF 9.00 FEET; THENCE LEAVING THE SAID SOUTHERLY RIGHT-Of-WAY, S30'33'32"W., A DISTANCE OF 17.96 FEEl, TO THE SAID EAST LINE; THENCE ALONG THE SAID EAST LINE, N.00'28'42"E., A DISTANCE OF 15.25 FEET, lQTHE POINT OF BEGINNING. CONTAINING 68.5 SQUARE rTfT, MORE OR LESS, BEARINGS ARF I:MSED ON NORJIt AMfRICAN DATUM (N,Þ"l) '98'8-1990 ADJUSH.AENT STATr PLANE COORDIt-<AJE SYSTEM (eRlC) FOR FLORII)A EAST ZONE SCALE: 1"""200 100 3( -E?C1 /~-;rt-, -----------.J ntG[R G. :' P. f.R f'ROrES$!Ot ^L 5'J~VEYO¡,' & M/lPPER fl.DRil'A nL"I~'IMATIO~ CF:Rll(lCM( N~:'7C' SIG~I;4G DAlE: "":7 _(,,),cZ.._C .... NO'" IJ....I.ID Wll1::)UT THt ORIGII\'~~;Ir;.W,lURE & R^,!:>[{.> , ':1IJSSED Sf A:. or A fLORIDA REGI<;TERm PRQftS::;IONAl '5URVrT'')~ AND "^r>I'~R SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY o 100 200 L--- FOR: COLUm COUNTY GOVERNME'H [JOARD Of COUNTY COMMISS:OI~ŒS JOB NUMBER 01·-0015.18 ~lt~": .Eol y y.lC;}. 3050 NORTH HDRSESI10B DRIVE. SUfTE 27U NAPLES, FLORlDA ]4104 rh(941)649-IS09 F!\x(941)fi41,1.7056 LB No.: 6952 GOLDEN GATE PARKWAY IMPHOVEMENTS SKETCH & DESCHIPTION OF: TEMPORARY CONSTRUCTION EASEMENT PM¡CEI. 705 COLLIIŒ COUNTY, FLORIDA FILE NAME OI-0015Sk705 SH [[T 1 OF INDEX NO: P:\\ntl'¡ F'roi~ct$" R2\Ol -OOI~'\d\Oq\R!'vsill!d P(¡o~" I GSü 3-1()-O_'\Rf!"bed,~W-R~l1o"ti <i-03-f)3\~"v!:I..<1~R(,,,,,,,úd-'" 1R.n:\\R",v'Mö ¡;O'; >.Iop'~ '1-():'.\C1-OC)1.!\$\{/m),rl..o:¡ j/2!2UlJ1 EXECUTIVE SUMMARY Agenda Item No. 10C April 12, 2005 Page 1 of 96 -.. Recommendation to approve Phase Two of a contract for RFP-04-3629 "Consultant Services for the Public Involvement Element of the Metropolitan Planning Organization Long-Range Transportation Plan 2030 Update" in the total amount of $180,153.63 OBJECTIVE: To receive approval of second half of contract for consultant services to assist the Metropolitan Planning Organization with the Public Involvement Element of its 2030 Long Range Transportation Plan (LR TP) Update. CONSIDERATIONS: The LRTP is a key function of the MPO process, and established goals and objectives for safe and efficient travel, as well as a list of needed transportation improvement projects through the year 2030. That Plan is a working tool that is an important part of the decision-making process used to guide the construction of transportation projects that use Federal and State funds. The MPO intends to broaden the exposure, and increase the outreach effort of the 2030 LRTP Update to ensure that the transportation plans, policies and investments embrace the concerns of the traveling public, rural and urban neighborhoods, economic interests and other local concerns. -- The Board of County Commissioners approved Phase I of this contract on September 28, 2004 and asked that Phase II be brought back for approval once a majority of tasks in Phase I had been completed and could be evaluated. To date, consultant and staff have held three steering committee meetings, one public meeting, three small group presentations and had a booth at the Economic Development Council's Tradeport Briefing and BBQ. A website for the project has been created and is linked to the Collier MPO's main site. This interactive website (parts also available in Spanish) allows the public to answer questionnaires, provide general comment, view other's comments, receive project updates, sign-up to have a small group meeting and a whole lot more. The web address is www.collierlrtp.com. A kick-off newsletter has been distributed to a mass mailing list of community organizations and business owners in Collier County. In accordance with State and Federal guidelines as part of the new Efficient Transportation Decision Making (ETDM) process socio-culturcll data has been collected and field verification has been done on all GIS Socio-Cultural Effects (SCE) data. Draft community boundaries have been identified using 2000 Census Data and is currently being reviewed by staff and the MPO's other municipalities. From the collection of data and development of community boundaries, community contacts, community profiles and mailing lists have been generated and are accessible on the website. The Metropolitan Planning Organization unanimously endorsed the full contract at their September 10, 2004 meeting. FISCAL IMPACTS: The remaining amount on this contract is $180,153.63 of which $115,416.57 is programmed in the MPO's Federal Planning (PL) funds for Fiscal Year 2004-05 with the remaining balance of $64,737.06 budgeted in the Transportation Supported Gas Tax Funds FY 05 Adopted Budget. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. ,,-- Agenda Item No. 10C ~t.1r~ 14n2005 RECOMMENDATIONS: That the Board approve phase two of the contract for RFP U¡§~of96 "Consultant Services for the Public Involvement Element of the Metropolitan Planning Organization 2030 Long Range Transportation Plan Update in the total amount of $180,153.63 with Cella and Associates, and approve the necessary budget amendments. Prepared By: Eileen Webster, Planning Technician, Department of Transportation Planning .-- - Agenda Item No, 10C April 12, 2005 Page 3 of 96 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 10C Recommendation to approve Phase Two of a contract for RFP-Q4-3629 "Consultant Services for the Public Involvement Element of the Metropolitan Planning Organization Long-Range Transportation Plan 2030 Update" in the total amount of $180, 15363, The Long-Range Transportation Plan Update is available for review in the County Manager's Office, 2nd Floor, W Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL(Norman Feder Administrator, Transportation Services) 4/12/20059:00:00 AM Item Number Item Summary Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin, 3/28/2005 10:23 AM Approved By Donald L. Scott Transportation Planning Director Date Transportion Services Transportation Planning 3/28/2005 11 :03 AM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 3/29/20058:49 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/29/200510:21 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 3/30/2005 4:07 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 3/31/2005 11 :15 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/2005 8:43 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/5/2005 11 :05 AM Approved By James V, Mudd County Manager Date Board of County COInmissioners County Manager's Office 4/5/20056:55 PM Agenda Item No. 1 DC April 12, 2005 Page 4 of 96 Long Range Transportation Plan Collier County Metropolitan Planning Organization 2030 Long Range Transportation Plan lJpdate Public Involvement Summarv oJ Collier County ()ro.iect #: 04-3629 Prcpan:d for: Co1ticr COUTH) Metropolitan Piarming Organinnion 2885 South J lorseshoe Drive Naples, Florida 34104 March 2005 Pn:pan:d by: ·~··~I. . ..161 ."'''1./'.. .... &. A '''Ol ¡ates, llie. :~ j 25 f,'írst Street SuÎte 2(IJ Fort i\hcrs. Flnrid¡1 3390] (239/ :n7-t()7] Table of Contents Introduction Scdion I - Kick-Off Nc'wslctter A. Newslctter Section 2 - "Vebsite A. Screcn Captures B ,')' ranspOI'tati 011 QuestÌonnaì re C. Report ofqueslionnaire œsponSces D. Project Cmnments r:. Inili,:!1 Comnllmìty BoundnFÍesMap I', Initial Community Boundaries Map-- Napks Urban ArCH Agenda Item No. 1 DC April 12, 2005 Page 5 of 96 Section 3 - Kick-Off Public (nformation Worksbop - Goals, Objectives & Polides. A. Sign-In Sheets B. \Vorkshop Handout C. Goals. Ol~¡ectivcs & Policies (approved) Section 4 - Advc.rtiscmcntfor 'rVod<sbopfl>rojcct A. r ,egaJ Display ad in ,'.'(¡pfcs Dai¡'" ,\:'('11'.1: r'd:wuary J. 2005 13, Press Relcø.se for Workshop: February 4. 2005 C. Article in ¡Vap/es 5ìwI {i'mes: \\leek of February! 6. 2005 D. Article in Naples Daily News: ¡"larch t 7.2005 Section 5 - Small Community Group Presentati{)ns i\. Po\",.,crPoint Presentation Scction(i - Steering Comrnittcc A. \4cmbcr List B, f)(:ççmber 1. 2004 Meeting Materials Sign-Jn Sh<.~ct Agcnda i\·1inutes C. February 2, 2005 rvfccting i'vlateriah: Sign-In Sheet Agenda :\<'1 inutcs Seetion 7 - Steering Committee Outreacb at Public E\'entg SectionS - Public Evcnts With Project lnflmmttîon AvuHabte ¡\,Marcf1 2005 Newsletter Agenda Item No.1 OC April 12, 2005 Conicr County ~letropoHtan Planning Organization Page 6 of 96 2030 Long Range Transportation Plan Update Public Invoh'cnlCnt Sununary ~. Kick..()ff and Goals, Objectives andPoHcies Introduction The Collier County 1\·h:tropoHIHn Planning Organization (MPO) is conducting a regular revie\v Imd update of the Long Range Tmnsport.atiolt Pian (LRTP) fix tbe t;ounty, to hring it to the year 2030. The goal of {he pkm is 10 C!1COuráge and promote the safe and c.ftkienl managemcnt, operation, and development of surface transportati011 systems that \vi\! serve the mobìliry nccd~ üf people and freight and f{)stcr economic., growth and development \vithîn and rhrough urbanized areas, whik minirm;Óng tran$portation·related rue! consumption anò air poJlULion. The pian \vill include tonsideration of muhì-J110daI transpona¡Íü1! in ¡he area such as access tu ~irport:;, m¡¡jor tit:ight routes, transit initiatives, transportation disadvantaged sys¡em~, and the non-motorized systcrns. Public Involvement Progntm An extensive Public liJvolvcrncnt Program (PIP) ha:¡ been initiated as a task for the LRTP Update. Sy imo!ving the cOlrJlnunÜy in the transportation planning process at (he ('tidiest of 5tagús. the public is called upon !()[ their involvement and jd(~as and is a\\'arc of pJannedchangcs to the future transportation structure in CoHier County. As required by th(~ State of Florida, the PIP Ü~ a mèaningful part of the LRrp Updatc, ·nlC PIP prùvidl's citizens, affected puhliç agencies, representati vcs of transportation ag.:ncy ¡,;mployces. frcíght sh¡ppe~. private provìders. of transpoJ1aTion, n:::prcscntütivc;;; of users of pubEc transit. pn.widers of freight tl'ansportation services. and otber interested partícs. with ,1 rea~omibJe OP¡KH11.mity to çomment on th(' proposed ptatt Socio~Cuttural nata In order w accompl1sh a comprehensive PIP, the program must he eus1om·tai¡ored to rdlççt 10<.:<11 conditions, political atmosphere and culmral diversities in Collier County. In accordance \'vilh State and Fcdcm guidctines as pm"! of the nc',\ Efficient Transportation Decision Making {ETDM} process, 50d(H:ultural Jam has been co]kcted and ndd vç:-rificatiünshavc be,'n don(;~ to assist in identifying potential sodo·cultural etTcc¡s resulting from proposed transporwtion irnprovcnH.::nt projccts. With this activity, the PIP is abk~ to promote: non-discrimination through proactive public ¡nvojv·cment and inclusion of the atkctcd community in the lnmsportation dCl;]sion·making process. W\yw.Co!HcrLRTP.nH /\ large part of the intcraetÎ\'ity or the PIP revolves around the projc1.':¡ \vcbs1t<.\ This \vebsite not only bas project inÍÒnnatinn avai!abk for the publk to \içw and download. but they can also give comlmcnL 1m out a survey. request a prcscntariün to their group and view the socío-cuÌlural data for their conmmnity. This sodo-cLtltura] database is abo uscfuJ n}r the project team to use in conjunction wi ]1 the pubjjc outreach activities, \-\lith the shiHty to evaluate tbe socio~cu1tural cftècts and incorporate community considerations into rhe pjamÙng and dcvc10pmcru of"thc LRTP update. adverse community impacts can be avoided or minimi.l.íXL The project team ha.s also utilized the wchsite to input the surveys cornpktcd at the public infüTI11atÎon \vorkshop and other evcnhL fiy ìn!)1Hting this ínfi.:mn.ation into the ....vcbsill', the da\ll can be ¡malyz.ed Agenda Item No. 10C April 12, 2005 Page 7 of 96 Program Highlights This' interactive publîc invoJveme.nt process rcachùs out to aU communities in CoUier County. To dale. the PIP has ìnduded a lluJ1titude of outreach strategies s.uch as .a steerìng (;ürnrnitte.e, srnail group community presentations:. project newsletter, a k¡ck~()ff public information workshop, a projeçt \vebsite and surveys of ClJrrcnt transportation issues in CoWer County. 'rile füJknving is ti buHctcd list outlining the public involvcl''ncnttasks that have occurred in th(~ Goals, Objectives &. Policies ph,lSC of the update: Kick-Off Newsletter Announcing V"'orkshoJ) and \Vcbsitt' (English and Spanish) · E~maHed; ¡;cbrum-y 2 &. 3, 2005 to approximatCiy 500 people \Vebsitc ~ Live on February 4,2005 · Interactive Socio·Cultuml Databasc · Visitors can request projcct prcscntations and infQrl11atíno electronically · Repor(S can analyze 'Transportation Ques.licmnairc and cornmcnt rcsponses KkkMOffPublic InfonllstíOJJ \Vorkshop - Goals, Objectives & r()Ucies:FI.~bruary8. 2005 · 47 Attendees signed in .. Rcccive.d fecdback on project from 33 questionnaire rcsponses and map mark-ups Advertisement for \VorkshoplProject · Legal Display ad in ,A/ap!es Daily New...'\'; February 3, 2005 .. Press Rdeas.e sent to media: F(;~bnmry 4, 2005 · Fox Nev.'s aired report February 8,2005 (a.fler mcc.'ting) · AItidê in /\/aples Sun Tìmes ~\vcek of Fcbmary 14, 10f)5 .. Artick in ¡\/apk's Daifv Nnn - March 17, 2005 SmaU Community Gr'oup PreSêtltntÎOtls · L30nìta Springs Chamber of Com me fee Dccem.ber 1. 2004 · Il)slÌtutc of Tra¡)sllonation ¡::nginµer$ (ITE) December J 6, 2004 · Eas! Nap!es CivÎc Assodntion --- Marcb 17,2005 · Golden (3ate An,;.ü Civic AS:;Qdminn March 16,2005 Steering Conunittee ::\'Icetings · December 1. 2004 -- Project Introdw.:ti(1n · February 2, 2005-- Review Go~ds, ottjectivcs and PoHcies · March 29,2005 "- Coml11u11¡ty Boundaries Steering Committee Outreach at Puhlk Ev('.nts · Comer Cöunty Coundl on Ag.ing/Seniors & Law EnfcH'cement Together - February 4,2005 · Go dcn Gate Senior Expo. February 9. 2005 · (;OIm111.l11ity Volunlt.:er Fair ... February 16. 2005 · A tota] of 77 questionnaire$. \Vere retuTT1ed tTom the above cv<;'.nts. Publìc Evcnts \Vith ['rojcct lufonna.tlon A....ailable · EDt" Florida 'rradepor! Groundbreakl!ìg March 12. 2005 · Governmcnt Day at Coastlaud MaU- Planncd fbr April 9_ 2005 Agenda Item No. 1 DC April 12, 2005 Page 8 of 96 SECTION 1 Kick-Off N e",'sletter ¡;:C-"io- !i"...>".~ ',i '_~~;'<;:x.~;¡<:'.I!! ¥':,"'~ Agenda Item No. 10C April 12, 2005 Page 9 of 96 Kick-Off Ncwsletter An Engh$h/$pan;:~h newsJeEtL.'T ànn"LII1c.ing the workshop aÙdcxplaining the project was e-maiJed to approximately 500 emnmunìty members and civic organìzatkms. l'he recipients included City of Marco Is.lu11d, Everglades City, area media. area rcaltors, Collier Building Industry Association. and Collier County home(ml1ers' aS$oí.dations. A copy oftbe ncws1ctler ft)l1o\vs. - Long Range Transportðtli)O Þ~ðn Agenda Item No. 1 DC COLLIER COUNTY METR~tJ~~N PLANNING ORGANIZATION 2030 LONG RANGE TRANSPORTATION PLAN UPDATE February 2005 .. . . .. .......... .. ..... . ... Ne'¥vsleHer NO.1 et'ff~~~~Ø~itM~~~~t'W~.U¡\~~?i~~:m.1(f,~f'~:l'J!ì~~rÆr1J.m¡j!j:. . ~(tiìi;!i.$.,jf!J;._:iø-j\¡¡ ' Public Information Workshop to Kick-Off the 2030 Long Range Transportation Plan Update Come Give Us Your Ideas on Collier County's Future Transportation System Locateó/n Southwest Fìonda. Comer County is in the Taller de Información Pública para Lanzar midst of an exciting time In transportation planning EI Plan de Transporte a largo Plaza 2030 y and development. The Metropolitan Planning Actualizarlo Organiza.tion (MPO) is in the process of conducting Venga a Brindamos $us Ideas Acerca del Futuro a review and update of the Long Range Sistema de Transporte Del Condado de Collier Transportation Pian (LRTP) and is looking for your input toheip shape and guide the development of our transportation system for future generatIons in Southwest Florida. The updated LRTP mllst be completed by December 2005, now is the time to get involved] The Col1íer County MPOwiil host a pubHc jnfomlatiol1 workshop to kick-off the 2030 Long Range Transportation. Plan {LRTP) Update. We invite YOU 10 particIpate in the development of Collier County's future transportation system. Come tell the project team about congested areas. needs fOf expanded or new roadwa}/S, bic}icie and pedestrian IacHities, expansion of transit services, and comment on the draft goals, objectives and policies. Stop by anytime to ask questions and ta.lk one-on-one with members of the LRTP team. Come see what this is all about! LRTP Public Information Workshop 5 to 7 p.m. (open house) Tuesday, February 8, 2005 Oakridge Middle School 14975 Collier Boulevard, Naples LocaHzado en el Suroeste de la Florida, e! Condado de CoWer se encuentra en rnedfo de momentos emoclonantes en cuanto al desarrollo y plantficación de un sistema de transport€), La Organizacíón 11,1etropolitana de PlanificacìÓn (Metropolitan Planning Organization - MPO) está en el proceso de \Ievar a cabo una revisión \/ J de actua¡¡~~r el Plan de Transportè a Largo Plaza 203Ö (Long Range Transportation Pían - LRTP} Y requiem de su contr¡buciÓn para ayudar a formar y a guiar e! desarrollo de nue'S!ro sistema de transporte para las futures generacìones en el Suroeste de la Florida, EI lRTP actualizado debe completarse a mâs tardar en Diciembre de 2005, i Ahora e$ ei momento de mvoJucrarseW EI MPO del Condado de Comer offecers 1.m taller de tnforrnacíón pública para Janzarel Plan de Transporte a Largo Plazo 2030 (LRTP) y actuaJizarlo. Nosotros fe ¡nvìtamos a partidpar en 01 desarrollo del futuro sistema de transporte del Condado de Comer. Venga y cuéntele al equipo del proyecto acerca de ¡as áreas congestionadas, de las necesidades de ampHar 0 de construír nuevas carreteras, de ¡as ínstalaciones para bícicletas y peatones y de expandir ]05 servicios detráfico_ También ofrézcanos sus comentarios sobre las metas. obJe¡¡vo$ y norma$ del plan borrador. Pase a visitarnos. a. su conveniencia,para indagar y para convarsar con cada uno de 10$ mjembros delequipù lRTP, ¡Venga y entérese de todo 10 que estå aconteciendo!!! LRTP Taller de Información Pública De 5 a 7 pm (Se invita al Públíco en General) 8 de Febrero de 2005 Oakrìdge Middle School 14975 Collier Boulevard, Naples l~ rf1n1~ ~ APrl . Page 11 of 96 .- What is the Long Range Transportation Plan? Why Should You Get Involved? The goal of the plan is to encolJràge and promote safeal1d efficient management Qperation ånd deve.lopment of transpOrtation $ys.t~ms that will seNe the mobHity needs of the people and businesses öf CoHier County and southwest Florida, and foster economic gmwth and. deve!opmentwithin and throvgholJt the area, "'.'hile minirnizing environmentat, social and cultura.l impacts., The LATP wfll pavê the way and províde gu¡danc~ for transportation ptan.ning for the next 30 years, The long range transportation plan is more than just planning for tuture madway improvements, Do you take the bus, Me a b¡ke or like to walk? Do you OWn a business and warH to reduce your delivery times? The process fOf developing the p¡¡m win consider all types 01 transportatiQn. Significant elements of the LRTP include; Goals, Objectives and Policìes . TI1e goals. objeotives and po(icies guide the development of the 2030 LATP, GO¿:\ÎS such as providing "a transþörtation system that is sensftíve to tile effects on U'1é Bodo-clI!tural elementsbf the communities, the community character and environmental resources" are used to lest a.ny proposed elements of the plan to m¡nim~le efiects tQ the surrounding communities. Congestion. Management System (CMS) Strategies - These Includê traffic Dperations, ridesharíng.. p.¡¡destrian and bicycle facilities, a¡tem~tive work schedules. freight movement· options. high occupancy vehicle Ireatmerlts, telecommuting, and pubUÇ transportation improvements that make more eHiŒ:m{ use of Our transþortatlon system. Multi-Modal Transportation· Foreçastingtile nl3eds for the CoHier Area Transat System (CATt provides the groundwork for expandingtransi! service to grolNing a1'6a$. The Transi! Development Pian ènsures that the provision of public transportation s6Nice 1$ consistel1!with travel rleeds and mobíUtygoaí& of local communities that are served by CAT, nle Transportation Disadvantaged Service Plan maintains andlor improv8$ transportation services for the Transportation D¡sadv{:\ntagecl program. in addition, the roadway networks serving the aírp(H1$ and the bicycle/pedestrian transportation system for the MPOarea must be evaluated, Pedestrian Walkways and Bicycle Facilities - Update of the "Comprerlensive Pathways Plar(curren1ly underway wil1 determine new routes and fadHtles for pedestrians and cychsts. 2030 Needs Plan· The 2030 Needs Plan identifies future trave1 demands and facilities (roadways, pathways, bus routes, etc, f 1t'1¿H needör wiH need improvement. This is 1~1e County's "wishlist"!orfllture trafìSPQI1ation related Improvements, Ho'.vElve:r, not aU of the improvements can be funded at this tim€ì, 2030 Financially Feasible Plan· How are we going to pay for tl1es0 Improvements and which ïmprovemertt$a.te the rnostcritical? The Financially Feasíbia Plan update will determine Wha.t com!;)jnat¡':Jl'lo1 transportaliort prtJjecis best serves tr'e travel demand need at the most reasonable cost How Can You Get Involved? The success of the transportation plan update will depend on the public gettíng Involved and helping to address transpottatíon issues in your community. The MPO Bnd the LRTP profeCt leam want to receive feedback from thepub:ric regarding what '¡lOll think the exisling and future needs are in CoWer County. Visit the nev... LRTP web sitê, yqY'LW""Çolljªd"fne,n~t. beginning February 4th, to get deta.iled information about 1he project including: " Wna1 IS the LRTP? Frequenuy Asked Questfons Subrmt Your Comments Here! Who Can' Con1acl? Request a presentation and update for your club, civic or rlorneowners association 2 .-. Agenda Item No. 10C . ¡~p~~05 Page 12 of 96 ¿Cuál es el Plan de Transporte a Largo Plaza? ¿Por Qué Debe Usted Involucrarse? La meta. de! plan eS fa defomentar y promover dna admìmstra¡ción segl.tra y efìciBnte de ¡as 0péraClö¡1êS y desarrollo de !os sistemas de transporte que vayan asa11sfacer las necesidades de despîazamiento (!e 18. geme y de la comunidad empresariaJ de¡ COfidado de Colliery del SLJroeste de Ie Florida, También se pretende promoverel desarmllo ecof1ómico y Ie uroanilaci6n,dentro y a !.ra\iès de toda 1a zona. mìentras se reducen al minima los impactos cuìturaies. socialesy al medic ambient£'. £:1 LRTP preparará el terreno Y $E!rá el guia de la planificación del trans porte par los próxìmos 30 años. EI plan de transporte a ¡argo plaw vas rnás a!ïå de simp1emen1e plan:ficar futuras mejoras para ¡as carreleras. ¿Toma usted ei bus. 'asn bicícleHa 0 prefiere car-ninar? ¿Es usted ()UerK) de su negocio y quiere reducír el tiempo de entrega desu$ produétoS? EI proúeso de desarrano del plan va a cons!d€rar toda c1ase de transport€!. Los e!emenlos más importantes de! Lf'iTP $on ¡OS $jg~Jìentes; Metas, Objetivos y Normas -Las metas. obJerivos y normas son ic-s que conducen 131 desarrollo del LAIP 2030, Meta:.; taBes como proporcionar "un sistema de transporte que estè Gonscien1£! de cómo se afectan J.oS eJementos SOCIQ-cutturaJes. de ¡as comunidades, e! carâctér mismo de esa. comunidad y Jos reCLJrsos de! media ambi£Nl!lì" se utilizan pa.ra examinarclJalqwer parte propuesta de! plan con el objeto de minimizer las C(H1SeCUenciasaias comunidades de 10$ airededaros, Estrategias de la Admínistracíón del Sistema de Congestión (CMS) - Se mfìere a [as öperaciones de tráfico, a compamr espacio en su vehiclJiO con un companero de lrabajo, alas ìnsta1aciones para peatones y !)Îcícielas. horariö$ de trabajo altemos, tJpciones para 131 mQvimientode ;a cargô, tratamìer.tú especial para vehicuios con gran numero de pasajeros, cOfìs\o:.1eraciones para los trabajadores que via¡an a olano largas diS;3nçjas, y mejoras al transporte público que Ilaçen más ef¡çlente e1 uso del sistema de transporte, Transporte Multi·Modal- Los pronosticos de les neces.!dades para el Sist6'tTla de Tráhco para e1 Area de Comer (CA.T) son 131 fundamento para expandir el servìùlO de tráfíco a las areas de crecimièmo, E1 Plan de Desarrollo del Tráftcc garanhz8 que los serv¡clOs de transporte pÜblico a ofrecerse son consistentes con las necesidades de viaje y con ¡as rnetas de desp1azarnientode las comunidades jocaíes que serán atendldas pOl' 81 CAT ËI Plan de Ser'iicio de Transports para Discapacitados estâ dÎsef~ado para dar mantenirnien!Q yie rnejorar ¡os servicios de transporte de! programa de Transporte para ¡os Discapacítados. Ademâs, 103 red de carreteras que van a 1013 aeroplJenos y al sister-na de !ranspoJ1è para pea!ones y bicicieta$ para eî àrea delMPO deben S8! e-vaíuados. Instalaciones para Caminos para Peatones y Bícicletas - EI procesQ de açtuai!zar at "Plan Inte¡.grai de Garninos' que 3ctualmente 58 estállevando a cabo. à€'terminarà 18S nuevas rutas e instalaciones para peatones y cicHstas. Plan para ¡as Necesidades de 2030· EI Pian para ¡as Necesidades de 2030 Identífica fa futura dernanda de 1rar'lsporte y de lf1staJacione5 (caneteras, cammQS, rutas para buses, etc.) Que necesitan (I van a necesitar me¡ora.s. Esta 65 la ¡ista de ¡as ;Jflorídades del Conda.:l0 para futuras rneJoras del transporte. Sin embargo. no todas ¡as mejoras pueden fjnandarse en este momento. Plan Fínanciero Viable para 2030 . ¿C6mo vamos .a finanCial' estas. majoras y cuáles de ellas son las mâ$ jmportantes? EI Pian Fmanç¡efQ Viable quø s€t va a actualizar determìnará Guál será la mejor combinaciór-¡ de proyè{:tO$ de trans porte que va a s.aUs/aeer fa demanda pOl' carreieras ai costo mðs razonabie, ¿Cómo Puede Usted Invofucrarse? E! éxitode actua¡]zar e! plan de transportedependerá de cuánto ei públìco 5e involucre y ayude a discutîr 10& asuntos de transpOlte en su comunidad. E! eqwþodei MPOy del LRTP dest:ð recioír retroalimentaci6n del pûblico reiacicmada con 10 que u:5ted piensa son las necesìdades exístante$. y futuras parae! Con dado de CcdHer. Por ¡avor. visite è! nuevbsi!ioen la Internet a partir del 4 ·je Fetwero para obtener inforrnad6n más detallada ace rea del proyecto tales coniC<: .' ¿Qué 9S t¡.ì LRTp? w Preguntas qU€ S6 hacen a menudo PresGnle SU$ Comentariö$ Aqui ("A Ouíén Puec[ç: Contactar? . S¡'-vas.9 a go ¡cHar una presentación oun ¡nforme actuaiizado p:ara su club, organizaeión civica () para SLJ asociación de due nos de casa 3 Agenda Item No. 1 DC April 12, 2005 J;'aQes3 ~J of 96 Pr~Tt 'tli U.S. Po.stage PAID Permit # I FL l'v1ycrs. FL r ~;' J.. f" ~ t;¡ L~ftg R"'~~ rr4"~~ørtðl';~ ;'ð' III -J ~-- Gollier County Metropolitan PlanningOrgarìizaUQo 2885 South Horseshoe Drive, Naples, FL 34104 Help Plan Collier County's Future Transportation System f Irmnokrilee Rd PubHc Information Workshop Ii t N ROCKhidg.e Of N'i:k) ~:;~~iB Oakrjdge . t'drddie$chöol 14975 Collier 8ívd Nap!es Cr¡$tal L;¡¡kQ.:5 Dr 5 to 7 p.m. (open house) CR 9·51 TuesdaYr February 8, 2005 ~ Oakridge Middle School ~ Ð 14975 Collier Boulevardõ '0 Naples~ Florida For more information visit the project website: Available beginning February 4th www.Col·lierLRTP.net or contact Cella & Associates, Inc. via e-mail atkcella@ceUs.cc or can (239) 337-1071 or 1-877-496-1076 (toU-free) SECTION 2 Website \VW,",' .C:ollierLRI'P .net Agenda Item No. 10C April 12, 2005 Page 14 of 96 II··. "rml. I ··1 (o}J..'j~¥ 'frìlDi1r ..... .-;< ~.,_.,~.~ """ ,~~! Agenda Item No, 10C April 12, 2005 Page 15 of96 Website W\\'w.CoUierLRTP .net "fhe project \vcbsite is a valuable resource for the public to get comprehensive prQject information in both English and Spanish, Visitors are able to comment on the proje.øt and nil out a Transporlmíon Questionnaire on the site. i\ unique Icalure on :~\'\\~~,i:;~~JjerlJ~Tr .ne! is the interaçtive soçjO~CI.lllural inftJmmtkm. Fnl10wing aJe some scrc<:n captures from 1he site, thç'rransportatÏon Questionnaire, u. full çolor report of all questionnaire responses, .tH cmmncnts received, as well as :;ample cornmllllÜy profiles and the Initial Community I3oundarh.~s Maps (Collier County and Napks thban Area). CoWer County MPO - LRTP;HomePage rvlainlenal1êe Agenda Iter:n No.1i~tc of I Wetcome 10 the Collier MPO Long Range Transportation Plan web sifel What is the LRTP? What's HaþpeJling7 Gèt.lfìvofvoo Movrl Project In'OfJ"I1<itI011 Ef) Esparto! long Range ir':lnsportation Plan COLLIER u,.." I. 1 ~--iNU' I,Ve/come to th~; Collier County Metropolitan P1anning Organization's (MPO) Long Range Transpor1ation Plan (LRTP) web site Located n" SOl)thwest Flonda. Colher C<Jlmty IS in the midst of an exciting time ,Ii transponahon planning and development. The (;mJì1~Y i$ in the pfoce=>.s {)f performing a review and \ pdatc to t?-IC LRTP and !s looking for your Input to help shape and gUIde the development af the transportation system for future gencratlons This plan will pave the way and prov1de guidance for transportation pJannmg for the next 30 years The goat of the plan is to encourage and promQte safe and effidenl management operation and development of transportahqn system t11af wfll serve the mobility needs of the people and businesses of Collier County and SO\Jthwest FJorida, :¡lI1d foster economIC grovlth anò dc\'cloprnent wi:hll1 and throughout the area, w'hiJe minimiZing mwimnmentaJ impacts On this '¡,/,'üb site you wltl find informatioll to keep you informed of the lat!;st dewc:Üonrncnts, m~0iíngs. plannecl events and ínteractívr: pages. Public nìeraç!!on and Input IS at the center of this project ;;Illd is essential to its. momentum and success There are many ways that you can get involved and carwcy ycur thoughts and idc8$, Ghc~ on the 1ª1?,$tnßYJ~ page to find Qut ,SOOt): œctmí prOJcct information The P¡:qj§¡?ct$Ghc;;lpl? provides 1.,,:wrmnt updates \lIsit our FAO's page to fmd answers to fl1an',.. questions about the LR1P Fill aut a survef> Comment {Jo~9 ";:;:{t)<"W¡f'/ :~:G'~;S ;\~F(;- Lr:TF!; hc&;,-"\',:d ." .';.-?;ctðl:fMr ! Prfuoc¥ ~~" hap: /i W\\'w _ C( 1 j lief ¡rlp.net/ :) 23/2005 Comer County MPO - LRTPI¡.Coùl cs c1 plan de Transporte a Largo Plazo? Agenda Ite':1 No.~ð~ 1 of 2 tong Range Transportation PJon ¿ Cuåles e/ plan de Transporte a LargD Plaza? What is the LRTpJ What'5 Happoo:lnq? Get Involved Ncw,tI Project Il'If\'.\l'1l1atm En La meta del plan as I;¡¡ de fomental y promover una admini"t'àçiÙn segura y eficiente de I<ls oþeraciònes y desarfOUo de 10$ sistemas de 1ransporte que vayan a satlsfaC',Cf !as necesidades de desplazamiento de la gente If de 1<'1 corl'lunidad empresarial de! Condado de Collier y del ~uroeste de la Florida, Tarnb¡én sa pretende pn;¡mover el deSHrroUo económico y la ufbanizao¿ni. derìlro y 31r3\lês de tocta la zonå, miei'ìlras $(:I reducen. ai mirHmo IOiHmpactos cufturales. sociaJes y al rned~o ambiente. EllRTP prepararåèj tet'rooo y sera el 9\Jla dQ la pI3f'ificac¡õn del transporte pot' los próximos 30 arlOs. EI plan de transporte al,;1Jgö plazo vas màs ani! de simplarmmte planificar flltur.¡¡s lT1ejoras p.ata tasC3Heter8S ¿ Toma listedel bus, va en bícideta Q prefiere caminar? (.Es listed du€tio de su negocio y qlliere re.ducit at tiempo,de entmga de SU5 prodiJCIOS? Et proœsQ de des13rroUo de! plan va <\ considersr töda c/ase de tran$pm'tè. los.elemef1tüsmås ¡mportanles del LRTP son 10$ sîguientes: Meta-s, Objetrvos If Norrnas - Las metas. obJetivo$ y nOl'rnas son ~os que conduœn e! desarrûHo del LRTP :W30 Matas tales como proporeïonar ·un sistema de tratl$potte que estê consciente de cómo 5eafectan los e1ementos socio-cu!turales da las comuoìdadeß. ed carãcter mismode esa comunidad y 10$ reGursos del ntedío ambiente" se uti¡izan para eX<Iminarcualquier pari~ prôpuesl.ã delp[an con elobjetodtJ minimizar I¡,¡sëòns&uenciasa ¡as ,..omunìdades de los alrededores. Estrategias de I.. Adminl:!.tración del Sistema de Congestlón (CMS) - Se refiere a lasoperaciClnes de trálìoo. a r.;on1~riír eSþàcio en so vehîculo coo un cotTIpañero de trabajo..a las instalaciones par!! peatones y bicìcietas. hornrio$ de trab'lib allerrlÖ$, opC.!ónes para 131 rnovimifJl1to de la Cðrga, tratamiento especial para veì'IÍculo$ C{m gran nÚmero de pasajerG&, coos1deraciör\éS para Jos trabajiildores que "iajar: a diario lar9a$ distancias, y mejoras a! trans parte público que hacen más eficíent&e!¡ U$ú cfel sistema 00 trans porte Transporte MIJlti·Modal- Los proobs!lcos de ¡as necesìdades pãfGiet $íst<!!ma de Trance para ei Area de Coilier (CAT) son et f\.mdamento para expandlr ef S\?N1do dß !ráfico a h!Jsåreas de crecimiento EI Plan de OesaHollo del Trátlco g¡¡ranhza que 10S s-èrvicíos de traosport€ pÚblico a·afreœlse son. cons!stentes con ¡as nect?sidades de viaje 'i con las metas de despfazamíento êe las comunidades locales que serån atonclidBs por cl CA L E! Plan dè Serviçio de TranSpl;jrte para Discapacítadcs está disañ¡¡do paradar mantenímiéoto yfo mejorarlos i!i&rvicÎøs de trans porte del programa de Traosporte para Ins Discapacîtado5. Ademas. !a red de carreteras que van a 10$ aêropuertos y al sistema de transporte para peatones y bicidetas parael årfJêI (Jel r-,'1p{) deben ser e\laluados. Instalaclones para Camino?> para Peatones ':I Biçïcletas - EI proce$Q de actualizt;lr e¡j 'Pisl1 Integral deCamíllQS' que actualrnente seestå Ilev:ando a cabc:-, determinarà [",soue-vas rulss e instaladones pâra peatones y cjcHstas Plan para ¡as Necesidados de 2030· EI Pian para las Ne<;esidades de 203D identíf¡ca la futura demanda de tram. porte y de inst<!ladones {carrete~s, caminos. lutas para buses. etc,) qua neGðsi:!an () van a necesitar n10joras, E$ta as la lista de l.as prloridades del Con dado para fulUŒS mejora.s det transporte SirU.Hnbargo. no. todas ¡as majof3s pueden financial's€! en este momento. Plan Financïero Víable para2030·¿CÒmo vamos a finanç.jar I'H';UH, majora!> y cuåles d~ ellas \inn las mé$ ¡mport;:¡ntes? EI P¡~:m FinanClfJt'Q Viable que sSe va a actÜalizar del:ern1lnará cuàj $ará 113 mejor cornbînacì6nde proy~ct(}$ de transporíe q~¡e VB a. s·ati$facer 18 demanda por carreteras al costo más razooablo. hup://www.coUlerlrtp.net/spanish .asp 3/2Ji2005 Coli îcr Coumy MPO ~ LKl'P¡Projcct Schedulc Agenda Iter:n No. ~øêe ¡ øf Long Range Tronsportation PIon V,¡hat Is the LRf¡:'? WhÎ'ít's Happemnç¡? Get InvOlved rim'l! PrOþ:..,·(,tlnfom'l<1tk'.m En EspartOI C" (;r:;pyn~p~t L."" flaa<fl:' lf0'q1Øi'ÏSf'Øþ1J. ttt:.-:" Project Schedule The schedule be;ow pro'/ideskey milestones and opportunilies 1.0 get invo1vedf Glick 11cre to view a larger ve,sion {)f the Project Schedule. «~t(~::n,!,~, ,!;trlU¡If) "þflï J')XJ;, ,,~:f¢<boec' De(.~rt' ~4Ird. )!J~~, ~?'~P:~~.~~~~~~,:.~~tn.=b~~' ~'OJf) vl't,.. Œ ~lllE ~ ,)NE $ ~ ~ :1OP!. ~ .~ _l'RT?'STEEm¡tGC~---'----'-"'-'"---"'-'-'-r-~----'-'-'~----- <:CJU. fER MP't: LJ~"~t{¡)¡~~£tt rA,ÀN$Þ(~A'r'tfff\1:t¡ f''',...''~ ....t... +..+. ..++. ...............+....t... ,.. ,~" . :':'·:>'d?.!:f.!1f.lJX!.r!!š~L_.___..._".._.. .___.. <.._-"......""'«-.<"""'..«-,...".~ ': ---. - »> . ",,,,-,,,,,,,,"",,",,,,,,,,,,",,"-,,,,",,,-,,.,. . .-----.---- ....."'.--...._,....,___L._.-f'g~-_...-..=.~...,,~£»-g_..,.."..,.._m>.,; §:'.!~.!:!;II:~,¡~£.!!~1:'1I:..m'..m.~'"m. ¡. .. .__.~:."'_...",,....._.....".<......b.._ ~ ..~·~·.=:.~~:......~·=='=._.~:~=~...~J.='-~~::~i~~~,.===..=-~~...,,'~.~..:,==~] il,pr<f~~tIÃt Ai'/ ¡hilE" /;IJtH'I-J.N! ;. . . . , I ~~_. ___~~=__~[L_~-= j m.h::'I'TP¡ml..rçcm""'('i!TO'tfQ'!)tÐrnH·~.tn,.~~Arr'''1I i . ; ;. '. i '.....-...,-,;_...."""-~~.,.~'....__.._~._.__._...,~'.~...,..._.._...."...,,-----~""-;w~~...~a.';'~"~..'-<...."'...~--,.....~""":......~~J""9-"'""~"""'.-."'-"=""""''''''''='''';;'*''-_·_·';''_~'''''''''=n...>-.",~j . ... . . '+ f~~!!~!:J!::tl~.!2E~r.:rrË.Ë~.... ';'" .~~~I.P.:t.'ê.\:~s'£?J:1~i!~t~ )'" CM! FE":&~í.!J:k~" _ ."1' of AP:;;;"~Nij-~Ë'1'jÐ!~i~~f,~fill~1¡')Nl!AI'Fitç'il.g :---·----·-ì-"-'..--··-,··..,..-~-··..,·..·,-t~···..··-·,~..-.., t , . ~ .. I .!1i(~?§g~~ffiifg~W!t~£lI:r߀i:~=::::,::~',:::::~:~~«~~_~_:::=:~~<~l~. -j : .+ ! -¡;,..~~Õ~Ü~~;¡1'Â1P:J!J~^·......>^»-"'···· ~'^="n'_'~"'..."~~".".-~,.."'_~__~"_""""_..,.,.".".._""_...'!~_,..,,......,..__"",.._'~"'_~--"·,·.....,·~,",-,.......".;.o««..."·,--..-,,...~,,.~·..;·'1 ~ Œ$(;!~¡~r '1 ~P-nvarv stâ~¡¡·" .. \;F~~·,~ L n.n' /\:' h"~:f)tf,, f~{7"f::,~'~:..~,f'_d. A. :'·;;.:,;,h;:, .,....., r>I·¡ .'.- _).. .;_); .~" 0) http;/iWW'.V.co!Jïc:rlrtp.!1evpn,jtels\:hcdule.asp Agenda Item No. 10C CoUier County Metropolitan Planning Organization 203Q Long Range Transportation UPda~~~~ 119 ;~2~ February 8, 2005 . Kick-off Publìc:lnformation Workshop Transportation Questionnaire Piaa,,!\! !ill ('lilt th,'S short Que$tiom'i'lire ""0 i';¡l);vij, it in the ccrnment box",$ pmvideb Of mail them to th<\í' <1ddf<}$$ on {ti", t'..a~k 01 this form Y(1Lr m~y ¡¡[50 'Jìsit om web ;¡¡Ite and f1l1 out thIs queStlOf)fHUre Qlecltonlr;ally a1 www.collierlnp.nei I, W1'1.;1t is your zIp code"'1 2. Which uortl\1soutl1 road tlo youhilylltt lnöS(ot!(!(1 {þ!ease check Dne!. D TannanH TŒil (USA!! 0 j-tS o Goo( l()nC'-Fr¡¡n~: Rc;:¡·j· 0 S~J\t" !::I",b..raiLog¡;¡n !:\()ul¡¡v¡¡rO D A!¡¡JiJrt-PulhIl9 Hœ:J d CQunty RC,¡1d 951íColkier So,JI'¡v¡;rrt o LivIP£!Wm Road tJ S!<;Ite Road 29 o QI/wr ... ... ..... .............__.............._...._._.... 3. Which norl:hJ$outh roa.d WOUlD you profC'f to Ir.,\/ol If It waf¡ not congcstø,¡f (pleasc check onJ!l; o TilmÄ::lmi Tral·1 (tU;, 41'< 0 g·75 o Gooolettc-rrðnK ROJ{ 0 Santa Bi!lroorailogan£k¡olflviH'd o ¡\ílpor1-Pulhng g,.,.,d 0 COUt1!jo' !Rœd 951iCoUiœf ôöul!l'<ard o UVlngMoH Rt:>¡¡d D Statl: Rþ3d 2& o Ojhm 4, \i'lhlch CállUwest roa.d do you travel mostDl'tan (please chec,k one). o Bonl!iOj B&~lc;h Road t:I RadIO Ro~d o imm:l!<.¡¡]r¡¡eRo.1M:I C) PI V¡~ ~()uk;wm1 D V<!nt!'!rblll Baat" Road 0 Ratfll!$nake Hammock Rend o Gokl!!n Gate fI.ò!J!~\rarä 01·75 o Pine Ridge R¡;;:,'Hi [] T,lrni;;¡rni Trail East ': U 5 41) o Goldm' Gate F'5!~rñ'R:¡' [] 01h"r _.,~_._~.,"...,___._, 5, Which O.3$tM'cst road WOULO you travel if il was r,ot congo$1!ld (pI east! choCk one). n BonltiJ 8em::h Roact 0 ¡~d({) Roaö o Irnmoka¡'¡;ro Roa.<I 0 DavIs 80uj(Na ~ o YaIH:iotbilt :Ûc·acn K0ar.1 0 R¡¡lÚes'.!<¡JÜj Hanrm'.>t; <; RoM o Golden Gato fiOiÛfNalO' 0 P5 D Pln0 RKigc Rtca,j 01 arniarr'J lrail £..$: \ u.$ 41 J o Golden Gal:c ¡:JQIKW''¡Y 0 O:Mt 6. liowcrtten do you use non·motorized transportation í.....alking, bicyctìng, ate,)? o (J or mœù trip:> ;:Ier week 0 1 trip pet rnoo~h 01 t¡ip per W;!f!¡~ 0 IntermHtMtlv' o 2: 'trips per 1HOPtJ, rJ Ne'..\'{;!r . 7, If YOIJ use non·motorized tr<lfl~p(lrtntíon. where do you lIormally tniV<a1 by this fI1ðthod? o EhH'; 1>tC'p 0 Pa,fksi'!3each o \,"'0'1';/$,,1'1<:'01 0 I <jo 1111$ fo' e,ørci$O o ~q{¡(", 0 OUI!!! m"m..'..'_..m_....'. ß, WhÎch type (!OJ cl pedestrian and/or bjcycle facllìtiolS would you lìkelosee eom¡tNcted ~ct1ieck aU that apply), o Sid(Jwalk& 0 Hlko I.wes fOf) $h0lIÎ:HH DI fO<rÖ1 o £h,,,, pÜlhr> loff (m:!,! tJ S8(iUn; !I1Ki'J rack:;: al bus ;;laps ' o CDY6,rJ:ld DI1Sß1opö OOlhar "'" --.,..--......-- ~,. ".., o"^_~.,'^.^~.,~,~~'"V"~~~,____~~~',y 9. Dc¡ you rld'e thê CAT fConier Area Tr¡¡n!&it) bUSI:I!&? iiL 1/ you do ride thebtHi, how do you getto the bus !&top? [J £j¡r,yçJ" 0 Vßhk% ,~roç,..ç.ff o 'N;~¡King 0 Olo>,;!r DYe!> DNo b. If you do NOr ride tho bus,which accoI1H1ilod~tion$ would <:IlIow you 10 (check all that apply). DwtwH.1 NOT ddÜ the: Du:::. tJSoüwe:.)j,ka :-~c~~'$.:i 0' C=:)ver'øc blJ$'G!OP~ 0 E?n~1ronk-'~íiJn~ H1ar Yt'J~] t!?i;l! UrrH¡' bu~.·deç¡ðr~~Jra *tlofnnnatk,ft o ¡·,Iv'le ¡",t..iJ! IQ",((,¡; tJ ()lhw ¡¡¡rnan,lie¡; .__.__....__.~..__.mh_._~...._.._._.,._.._.."'_.___._.___h.....__.____·.._·_._ Pleasr, writ,¡ any ç<:>ml!Wl'Ils bol<)w. QU')(C 000"> .....0_ NO ci ·0 Z~N Ë'E ~ 2J 0- ro -«0... ro "0 C OJ OJ « 1:: ~ Ü Q) 1::11 ro - -- - c: OJ U \"...- OJ a.. <fI ~ ~ ~) 0- w t:J c::: tj Õ I- rJ CI~'Ì~ C¡{'i..,-N <f) c o 0. <f) IJ) ~ - Q .. Õ ~ u (I) J:: U QI r/'J rc QI Õ. - t:: QI .:t: o ... en o Ë Q; > ro '- - f/) ...., - ::s f/) Q) D:: >. Q) c: ::s U) .;::1 o >. o "0 "0 m e 'r"" 'D «:. ('~ 5 u:o~ o ::>.:.:: f/I '-~~ t:: - ro J:: {'ù'- t:: Ow u.. g f- 2 ..c::ìi;)æID .!:2 ~'~ "8 J::c::roa 3:«1-(9 (j¡ (j (j m "...- ,- ~ ~ ..... O')o:JNKI N 'J::' (I] o 0::-0 0"1 ~ ,§ tr: ::¡ ~ a.. 5 t:~ &.ËT tl) .z3 t'". "!? ? ro ô 1::>~ rn5J.P ¡¡; 0 ð :.1CD..a t£ .~ ~ r~ (5 ~ ,'I) ') r' ~-;:: ..- ..J l_O 0 ~O')u ';;'Ü ç ~~~ ro :;>, .rg"2Qj æ 6 !: U')oõ t ro .c::; Q '<'1. <t <t <;t <t <t <;t <t ...-- "..- "';'-' .,...... 'i-- ....- ,.,... .... ..- r/J: (1) t/ ~§ c g. o Q) 'fjD:: o.Þ§ '5 0 QlI- //I rc Q) !J) S:~ i-o :::: 'Q) 0 1- Q //I if¡ ~c:: c: o u mU')w<;t....01a:JN N N N .- ... o .. IJ ro ~ - ~ (I) :> ~ - o - '- ID "- Q) "- Co ~ Ö >- jO ....I :=¡ o ;: "0 ro o .. '0 >t (1J 5 ui¿g Ò :J.x: (II ~. C € ê Æ o I- a.¡ ~(¡j.E~ ,~ ;¡o. .~ '5 ~~~g ~ o CC '" rn~ Co:: ~ § t<n cOJ o..s L,'") _ .~ r-- <-'I 1?~ ~ 0 "2 :>¡¡) ro~.o >.~ X ~g~ o ~ {/) (l)j?c ~'6fJ ~Ç2 E 0.- E -! ..0 3 ~mt: ro ði ~, eo".. rooc~ CD ~-- r.u c: \-.- ë ::¡ OJ (1) 0 :E (1)00 Ü llHO 000') ~O_ NO A~~N E:c ~ 2 0. CO -«a.. CO "'0 c: ( ) OJ « t {U ,C o t ro .J:: U I/) CO ((I. CO f:Q CO CO CO CO CO 00 CO II) CD CD <0 CD to to ID <0 <0 ( ) '""" ~ '""" .... .... ..- ..... ..... '""" ..... .... 1]) ,... .,... .... .... ..- ..- ..- ..- '""" if' "j-- .... -.;,.". 'r' ,~ ,- ,- ,- .- .,- U) '""" ....- .... .... ....,"",0 c ç; 0 0 0- a.. II) j/I <P 1lJ ~ a:: 7ii 16 15 15 r- ~~ !U c: </I <0 {"} '<;t 0 <:0 QQ ìO LO (,0 l-"¡ ~ 0 !I) ID t- M 0 <0 (,Q. M crJ<"') '<;to) ..- Q) N "... .... ...... ...... ..- .:0: ill N .... ..... N ti) \,) rn c: 4) c: 0 J::. 0 0. \,) 0. rJ1 4) rn ( ) Q} cc: II> rr: !i¡ I» ';" Ë: ::: 'C 0 Q .:0: .... II) () <'J 0 œ J::. c (.) 0 e \,) II) Õ I'G a> c: ñ. rJ) - rtI J:: ,5: e .::= ~ 0 ~ .... ø II) " :> E rtI ... ø ... ::! :> 0 3:. rtI >- .... .Q ... Q (!) ;;; ..J .0 0 '0 ::> 1:) .""--.. x >- ro ...... 0 (I] .¡,'- 0 0 0 '1;1' ~ 0 '4' .D "0 ¡y (.,; ¡y yj I/) "0 1:) 'Ci C!>! "0 -0 12 "'" E rtI ro fð >. 0 :::J II;! ro ro ;>.. u ::) ( ) e 0 :> CIJ 0 0 0 > 1'0 0 ......- E "() e:: :D 3: ~ 1ñ ..... u !X: ( ) ?: E ;¡; ,.. - ro 'S .}G E û) ro "S .cI<: E !I) ò u .:;, "D ~ ro " -0 s::; 1:) '- E ro Q. ex: ro u 0 ro ro '0 (I) UJ IU a: (1.,} u 0 ro rt:I u W 0 ro ... ro u 5: 0 ro CD 0 a.. ~ ô CO tú 0 a.. rtJ ..c: a:: Æ c:: :> ::r: æ ..c: 0:; (!) a:: :> I .- S ;:::¡ ( ) ( ) 2 ~ ~ (.) 1i5 1i5 '0 ¡IJ Q) .... - ü OJ "0 .~ Q) In ro <Ii -' CI) ro S X- i- I/) ro, ( ) ..... œ Q) CO ::J ..x: - ( ) rtI III it) :D (') {51G 0 0 ro <"iI CI) ( ) :õ C> 0)(') 0 0 m 0.. <I> )) ëS cr: c: E Q ro ro :2 c: 0::: ç; E ;:.. CO .... ŒI -" .~ x ;¡¡ t: ¿e c: I,/) ;II€: (¡; c tf) .r. .~ 0 ( ) ( ) 0 ø CIJ .c ( ) $ 0 II) cr: .( 0 ( ) .~ Q; .g ~ 1:J <I) 'Ë u ~ Q IJJ 'ë E -0 ( ) Po '5 > -:;:;;; ë E -0 ( ) '" £ ";; E ø c 'õ c: 15 ....'1 :ë II) c Õ õ êi5 10 ..c:: ~ c 0 5 ~ 0 ro ro r-- rtJ c 0 § ro c ro ro I';" ro Õ é( CD c:; Jï: () cr: 0 cr: ...!. I- ~ « ro > (:) ä:. ø ¡y ð cr: r- QlDCD 0°0"> ......0..... ,N 0 o ON Z~N E'E g 2 0.. (1j -«a... (1j <:I c: ( ) en « 1:: t'D ~ () VJQ}mmm0JŒ (\)~~ ,-r\."" 000;,.-"1"" '-~r- c: o n. 'II 'D !Y (1j o f- tFJooæ~."..r--o ('o,VN Nlf) -tFJ .2 Õ ~ Q _ if} Q) It) cO:: Õ :>, (,) :ë Q) c: :;: ro !. - o ~ It! 1:: o Q. Q) c: II! ~ - 'U C) N '¡: o .... o E I c: o C .(1) '(I) ::¡ ::¡ o >. o "0 c Q) ~ c.. o QJ .~ ~ o c I< -'>:: ( ) (I; :>- -'" ,. (lI 0.. r.r;~c£ CLVOt:::;>-. ~~Eg;:; ::. L.. r' (i) c.. ID ill O(l)CLaJ'::: ::=Q,,{/',Io..¡=.~ 0. 0.. 0. t: ·V O'.;~·.s.s~~ (Y) _ N ..- C. Z ..... .... ~ U 1fJ (l) m c o 0.. U) iD 0:: 1'. ¡1J "Oõ ~f- ..... Q) E If) .s::: ..... rIJ Q, ê o (".L, if; ill ë)rt ;;. e .... :>. .D ~ ¡¡¡ E .. o c: ::¡ o >. o "0 Q) ... Q) .s::: 3: c: o ~ t¢ 1:: o t:l. fI'; 1:: t\) ..... .... "0 Q) N -t: o .... o E C: o c: Õ (I) ° U'J '5 :::J ... or./) ::;J Q) . o ~ -~ ( ) >.¡;:oc =~SL1 ,.- "t""'- 't"'~ -'1'."''' 't~~ COa::J <0<;0 <X:J MffilD!,Qro "<!" :- .Q ID ,Q X () ..0 ,.~ t: aJ ~ E Ü ç;; (¡j Õ x {J .c ( ) .s;, M 0 OJ ID-Q. QJU)J!;o ',Ji E ...' ~;G (5--0 c.. 0 .t:;: ro .c o "0 ::¡ o ~ !J) Q) ":8 U t'D .... OJ ¡:¡ >.. u :.õ ... o :a ~ t'D c: (1j 't: - VI <Ii "Q <Ii Q. .... o íÞ Q Co :>. - ¡.s::: ID !.:Ë ~ I?: <i: (l) C) . co'- +- - , ~ . >;. ~ -(lJo ~o. t'D - R (/ :::5 41 1./'1 r'ó § ~~ U <l) .êri: u - ro "Oõ 2f- U :J .. - <II (/ QJ c: '" o c: U 0 Q) 0.. Q) rIJ ø~ o - C.I ~ v'>t'<tvv<:t CD (J) <J) 0) 0) 0') T- T""'" t~Lf'; <0 ÇI N l,() to r..··.. N N ... ... Õ >. .""'.... ~ "" 9' 0.- - .B "- f) ,9,; tJ] ;:I <n~..D -!!:-<:I g;2t~ ¡¡j <1) aJ :9 ~~ U)Q)O ~ o ~'",~ roo.x 2.2 0 .....<11-'.) 0<11'" Eë ill ìi.i E !IJ E :.:: 0 0- U ~ .S '- GJ '0 "5 o .c rIJ C o ~-' IV ( ) ¡[j :is D- c: ID ~. rn '- ~ -;;; 3 ( ) ~O)£ roif.ìQ QLO<D 00<» ,~~Õ -C") ~N E:¡:ê1 Q) D. ro .:t:::«Q.. ro -0 c: Q) OJ « 1.:: ro .c o ø(Í)(Q <U'f':'W'r*" U".J or- -.:- ç; o a.. (J) IV 0:: r.} õ I- mN~ <f) ..... C o D. <f) Q) 0:: ('. (/) ~ (/) :! .Q ~ ïii c: ro ... I- ro ( ) :( ... ~ õ u 1;:- 1« ,ü I~ 1-; i-c ¡'r: Ig ~ >. ø; «) ,r3 ~ ~ ~ 1.:: ro .c <..) /)(Í)(Q ¡¡,¡ '" t:: o a. (/) ill 0: tij o !- (/) Q) f/ c: o a. f/ Q) 0:: .;,- l.n t:- o. o ...... en en ::J .Q CIJ .c. ... o ...... ...... Q) en ::J o >. o "0 :: o .c. vi ::¡ .Q 4J J:: - ø "0 'i: ;:, Õ -¡¡:; D x o .D ~ <Ù Ë è <> Ü ,s:. Q) ~ Ö)~ c. ~ ::;;: ~! ro ~5 o '1::JÕ} g :; >.~ :t;<:C t ro .c: (.) VJ .¡v '" t:: Q _0- ~ '~ 0.0::: 0.- co ro ....0 ~f- .... 'iJ 1/) ~ Q) (j (/) ( ) c: -5 8. _.if.! ££ ::¡ o >. =: E. Ri :2 ::I o ~ j/) c: o :::: CI;\ "0 o E E o (j (j co s::. ~ s::. ~ j/) :! .0 G¡ . J:: - N\{)O)~ "'=" (") tt) :J .c ill :S I/ ( g- -g1h I-~ On-ro z-oü u ~-º 3/UID o > -1,,,,, ",00 .- u :2 i\.I "t:I .¡: I- o z o "0 OJ :) ;: o ø ><c :=« "" tJ}i~ 2:-6 ~ ~ - Q) ~ B ~ ·0 It) r/) LOa:¡ .- c .Q ro E \,., .!2 c ~ ~ ~ ~.Q Q)~ 'C X ~ 0 .aD 11).11 ê ~ - E ~ E _ 0 q¡ Ü > C , ¡;.,; ro~ :5- IJ) (/) c: ( ) m;E '¡;¡ c 2 E e ~ t5 tþ Q)..c:: ¡¡:¡õ Q) .0 B ::I o .s:: (/I .... co .c: .... <II (þ > ;:: !) Q) 'E o Gð ø -¡ o ø '"ii c: ,~ ... ~ "0 .t'IS CIJ ... d) J:: ...... Q) ... « !!1 co "0 0- ::I 0.. f- a; ..J o M o N ( ) .c: ..... ... ..2 ""'" 'C Q) ..t::. (j C'O ...... - ~ m > ;: (j ( ) ..... ..c o "0 C co j/) ïii o ø (I) ..t::. ... ~ ":;: Q) ...('.. ~"O ('( ~ .5!!"C 0.. \'à t' œ ..c Ü CI1Q)O> (JJr.-~ "flJ ~ ~ c o 0, '" (I) a:: (ij Õ !- \11.-00 11) ,- 0 ~ -,:- Õ a.. IJ!¡ 11) Q;; ~ ¡¡¡ .0 (/] ~ 11) E E o u '- ::J o >. ~ '~ :."" Q) II) ('IJ ... Q) Q) "a. :- ~ vi c: Q) 0 4:>-2 Agenda Item No. 1 DC April 12, 2005 Page 24 of 96 PROJECT COMMENTS Question: We need your comments! Pleasent! out the electronic form and let us know how you feel about any aspect of the LRTP update. Answer/Comment Date Publication Address Name Consent Comment: Please add these sections of roads to your LRTP: Golden Gate Boulevard ((rom \Nï!son to Everglades Blvd.), Santa Barbara 02/09/2005 Yes Boulevard (from Pine Ridge Rd to DavIs), Comer Boulevard .I CR 951 (from Immoka!ee Rd to t~75) Comment: After attending the info:rmational meeting on Feburary 8,2005. ¡ have the foHowiri9 information that needs to be incorporated into the pianrÜng process for roads and intersections. As a representative of the Golden Gate fire district, we have many concerns dealing wIth roadway improvements and our abiJity to serVe our residents. Response times are a crttica! factor that is considered when we serve our residents. Factors that assist Or hinder us while respondH1g are cntical. A county wide traffic pre- emption system should be included 'Nlth all ne...·,¡ intersectIOns to spread the cost out over the construction 02/09/2005 Yes process <:md not ()urden anyone agency, The ability to turn around with out going into major intersections is of great irnportance to IJS since traffic vo!unmes at ¡nt€rsections are the greatest and increases our chances of becomming Involved In a vehICle (1,ç!dent. The example here i$ the lntersection of santa barbra blvd and pine ndge road as currently proposed when the ~xp.ans¡on is completed. This is a d,angerous proposition that does not allav" us to make a cut through before the intersection. Thought should be given to a!lovv cut outs in the median to allo...v our trucks to negociate the turns safely. 34117 Thomas Brooks Na pIes Florida 34116 David Anderson Comment: Need mere east/west roads. Bridges ever the Cd flats on several roads to connect and spread traffic The estates is grownfng ar1d we need more roads. Comment: More East/west routeS Comment: 1 believe the county is doing a great Job of providing an intBr-rnodal network. Comment: BuHd a north/south road along the l'Iew power Hoe path. You forget about immokalee. We definitely need to do the SR821/SR29 Corridor. Le need lake Trafford Rd. 4/6 !ahéd yesterda"r'. Lights ned turn arrOWS. Our roads need to be built also, New Market needs help-a loop road would work. Carson Rd. could be extended along with little league Rd. to SR82, lmmokalee Dr, needs to be 4 Janed and have light w/turn arrowS on SR2.9. Comment: L Cornplet CR 951 north from lmmokaîee Rd. to SW Ai rporL 2. Do not extend Vanderbilt Beach R.d., instead 61ane Immokalee Rd, and Golden Gate:, 3. Complete Logan {4 lanes) from Pine Ridge to Immoka1èe. 4. Turn J. 75 norttì into 8 lanes 5. Build altemabve route to 1·75 going to Ft.lauderdale. Comment: ""ake 1-75 eight I¿¡ned frcní Naples to Colonial Blvd. finish Vanderbia Beach Rd., 6 lanes from Airport to CR 951. Make Logan/Santa 8arbara 41anes from 1mmokalee to Pine Ridge. Do not extend Vanderbilt Beach ReI. cast of 951, instead 6 lane 1mmokaleeand GG Pkwy. Comment: If the desígn for 951 to 6 lanes in 2014, change the design not to double spend the tax dollars. 02/11/2005 Yes 0.2111/2005 Yes 02jU/2005 Yes 0211112005 Yes 02/11/2005 Yes 02/11./2005 Yes 02/11/2005 Yes 34120 34120 34116 34142 34120 34120 34112 Agenda Item No. 10C April 12. 2005 Page 25 of 96 "_H"~_'_"""_ Comment: I am opposed to Bonita Beach Road extended through Corkscrew/CREW. Comment: Update 2025 lmages to reflect Commìssiöner"s changes in Le1y Resort area. Comment: 1. Budd ð new road east of CR 951 2. Keep drive..vays off of CR 951 3. Make 951 limited access 4. No density bonuses in 9.51 area S. 951 IS an emergency evacuation route, Keep it from being another Airport Hd. Comment: Add more emphasis on non-motorrzed options such as prioritize non motorized transportatíon infrastructure to facHrtate waB<ing and bICycling througout Conier County. Comment: Move the setbacks on Everglades ðnd \,VHson from 75" to 125", Comment: Extend CR 951 to Lee County. Comment: "'1orel1ltegrated land use planning is vital to salving all of the transportation probJems, How COO1€ the maps are void of !ðnd lIse indications? Comment: Collier County needs tQ build the CR 951 Ext, from Immokalee Rd. to Bonita Beach Rd. ASAP. even if it dOèsn"t continue north of Bonita Beach ReI. Also, U.S. 41 needs to be widened east of coWer blvd, Comment: 1-75 bypass through Irnmokalee Comment: Keep strongly focused on continuing CR 951 to Alico. Hopefully to Daniels. There must be an alternative to 1-75 and U,S. 41. <eep up the good work. r kno\'v it":; not easy. 02/11/2005 Yes 02/11/2005 Yes 02/11/2005 Yes 02/11/2005 Yes 02/11/2005 Yes 02/11/2005 Yes 02/11/2005 Yes 02/11/2005 YèS 02/11/2005 Yes 02/11/2005 Yes 34120 34113 34113 34116 34120 34120 33901 33901 34145 34120 Agenda Item No. 10C April 12, 2005 Page 26 of 96 - Comment: Stopíssuein9 building permits for Increased density (specifically on CR 951) unW a plan is In p aœ to accomodate the add Itional traffic. Take into consideration thðt 951 is ~ hurricane 'evacuation route for r4arcQ Island and that the new hapsital has to have a road that can handle emergencies. Comment: Stop granting zoning cha nges to increase densì ty. Stop !ssueing bldg. permits until the ¡nfrastructure is in place to support them. Comment: A north - south ro¿¡,d east 02/11/2005 Yes or SR 951. 02/11/2005 Yes 02/1112005 Yes Comment: Do not under any circumstances extend Bonita Beach Rd. east to Immokalee Rd. That ¡and was acquired for protection. Comment: Elected officials ShOLlld be mindful of the density they approve on roads that will faO now and in the future. Comment: Bu í id new north/south road east of 951 connecting 1-75 and CR 92 (south rd. to Marco) Comment: [ wish the speed ¡irnit on Davis would be reduced or more police patrol to catch speeders, agressÎve dr¡vers and those ìNho run red lights. EspecaiHy between Airport and Santa Barbara. Comment: r· 7S is. a parking lot most of the time from F:t. Myers to Marco Island. 0.2/11/2005 Yes 02/11/2005 Yes 02/111200.5 Yes 02/11/2005 Yes 02/17/2005 Yes Comment: 03/03/2005 Yes Comment: County Barn Rd is certainly a road that needs consideration when its the exit fOf Lely and other communities On Rattlesnake. Not only that, but a !-ugh school and oHler f'acîlities are planned for County Barn. 03/08/2005 Yes 34112 34112 34113 34120 34112 34120 34112 00000 Naples FL 34110 34112 Agenda Item No. 10C April 12, 2005 Page 27 of 96 Ed Carlson Scott Bollmger Comment~ If I don"t have a car I would ïíde the bus. Comment~ 98 - Only because r live too far down my ollv'n road to get up to the route. Comment: I live on Isle of Capri. There is a place dose for a bus stop. There is no phone 011 the whole island. Help us get a bus stop at turn of lsle Çlnd 951. Comment: Fix the light (traffic) at Airport Pulling &. Pine Ridge Rd. The present system gives you gridlock. Comment: Take a good look at Scottdale] Az"s street signage. In Napies th€ same car goes up and down making u-turns because they cannot spot theIr intersection In tifTl€' fora proper lane change. Hesitant drivers a!so slow traffic. The city/county should post 8IG sí9nage to Lell drivers what numer~cal block they are in. If drivers are informed and can get to their destination on the first try 1 traffic would be ENORMOUSLY red uced. Good and informative signs are MCUH cheaper than new lanes. Comment: Don"t raise my taxes to PðY for this! Fix [-75 first. Comment: \Niden 1-7S to 6 or 8 lanes on each side. Comment: vViden 1-75 Comment: Do yOu rìde CAT - No because it is not convenient and it takes to long as they do not provide d i f€:ct rou tes. Plesae provide morc public transportation to people In Collier County. Comment: Traffic congestion unfortunately is a way of life jn Naples until road widening and traffic signal synchronization takes place. However I would like to point out how danaerous it is to run red liohts 03/08/2005 Yes 03/08/2005 Yes 03/09/2005 Yes 03/0912005 Yes 03/09/2005 Yes 03/0912.005 Yes 03/09/2005 Yes 03/09/2005 Yes 03/09/2005 Yes 03/09/2005 Yes 34112 34116 34113 00000 34108 34145 .34105 34105 34108 34104 Agenda Item NO.1 OC April 12, 2005 Page 28 of 96 by trying to beat the yellow, ¡"ve seen as many as 5 cars bust through an inters.ection when 1 am afforded the green, Suggest cameras or signÇjls and viol¡;:¡tions recorded ...muld deter this blatant disregard for the LAW. Plus It has the potentíð! to bring in additional revenue forthe county, Comment: U-turns are dangerous and annoyìng - Pine Ridge has too many. Comment: All Collier roads are nigfltnmares! Rad~o Road needs stopHght somewhere between Berkshire & Brair.vood/Foxfire. Residents along this section of road have extreme difficulty entering the road and many take chances. Surprised there are not more accidents. Comment: I fee! the congestion will continue until we have a buílding moratorium (deve1opment). Comment: Often times throughout the day ¡t is impossible to make a left turn from Cúckleshe!l tn Bonita Springs onto southbound Old US 41 Road, We desperate!:iy heed a !íght before someone gets killed! Comment: Heavy congestion at entrance to Wiggins PaSs Pãrk (Bluebill Avè. & GulF Shore Drive). Comment: I reanze money IS always a problem - but Collier County seems to '~'aít until we reach a critical stage before addressing problems, Slop more development until the roads can F1òndle the increased traffic. Better signage. Computer trðffic lights. Anyway we can tackle less projects and flnìsh them father thõn tearing up numerous areas & never finisl-dng them. Comment: Have lived here over 30 years and it has been getting worse each year - no"" it is iust irn()ús.~;ih!e 03/09/2005 Yes 03/09/2005 Yes 03/09/2005 Yes 03/09/2005 Yes 03/09/2005 Yes 03/09/2005 Yes 03/0912005 Yes 34105 34104 34108 34135 34108 34108 34108 Agenda Item No. 10C April 12, 2005 Page 29 of 96 to get places during season. Just 9éttin9 òut of Baker Carroll Pt, is impossible now1 And Vanderbilt 8: BiucbiW's light without Jeft turn Janes is a joke 1!! Fort Myers did it right - good roads BEFORE construction II ~ Comment: Development transportation systems to help lower income oriented workers/famliles get to shopping plaz.as and v.rork areas. Comment: More covered bus stops Comment: Cat system is hard for fo1ks to use to get to work because of times/schedule. Comment: Get rid of dead endsl ~ í Comment: 'life live in Golden Gate City and we are in desperate need of more sidewalks. 03/10/2005 Yes 03/10/2005 Yes 03/10/2005 Yes 03/10/2005 Yes 03/10/2005 Yes 34109 34112 34120 34120 3411 6 Agenda Item No. 10C April 12, 2005 Page 30 of 96 ""~".,,,·~·,)'i:'O':"':V" "';k-'-'''':'~''~'''::~~"''~:,,,,,,,,,,,,,,,·~~,,,,,·,·,,.~,;\'';;%~·,~:';:;:;~~:·W' ~"~.*,",:-",-<'.,,.. Agenda Item No.1 DC """"~t!!;e,~!!~.§_~!!!~,,.£,~~,~,~!1J!~J~,!2,!!,~!,.B,~U:J,Æ~!L",,,,,""'''mo'.'''''@''''''~~~'~a~1,,;2~~,,,,,.,,,..,c,··· Population and Demogr~phi(;$ According to the¡. US Cemsus 2000 data. the community of Naples South has a total population of 365 residents. This population Iscomprísed of 302 White, 12 Black, and 235 Hispanic persons. The age distribution in the community of NapJe$ South includes 37 persons lll1dér th(;! age of 5, 113 persons ages 5-17,188 persons ages 18·64, and 27 persons ages 64 and over. This lolal population includes 182 mates3nd 183 fem~les, ,--' ! \"v'hit-e Black Native American Asian Population % Of Total Population 302 82.74% ,,"' -=-<"""-",,,,-- 12 3,29,\'& .........~. IJ 0,00'\';' ............--...--,., Q 0.00% -..~,....,_.."", 1 0.00% 235 64.38% 5013.70'1'0 0; 0.00% 365 Other Race .........._.....~.""c.;,..."'_>W_..'""" Multi-Race Total Non~_ S'um íd \I'ðf...·i(fUa)'¡ r;ictjo$ rT!iF]Y nc;d e:qu.¡)lloH~¡l.pOpt~f~.U1:H' """"" % Of Totall Population) 10.14% 30.96% _._"".>.L_~~oPulation Age < 5 Age5-H Agß 18-21 I\ge .22·29 Age :30·39 lAg!;) 4049 IAgù 50-64 Agû--;: fi4 i t>.~.-.Ie$·.-. ._~- --j. . ""'~~..."'. . Fe-nales ""."""",,-,,,,,,,,,,,,,- -~"...,.,-"""""",,,< 3., 1 13 .<""~~""._.. !).7S-~{, ·!2.a:~% -'''"'''"^'''''-'''_-- 1I:ì.S:m '""~^",,""-"""'''''''''''''''''''''''''''''' 7.67% 7124ì~ 740% 49.86% -- 21 45 68 28 26 27 182 1B:~¡ GO 14(K County and State Comparison Floridii % State Totals Total 10.456,458 6542% 2.244.70 '14,04% 43.88 0.27% 260,5321 1.63% 5.4091 003% 2.680,31.4 16.71'% 27,676 {J.17'% ,_........,..- ,,"'-_... 263.400 r-1K~Ær37ã 100 00%, ColUer % County County Total 185,.063 73,6200;0 1 'I 190 445% ""'''',,-*''''''"'''''''_..- 566~ 023% ,-"--.>-..- 1:195; 0.48% 30 0.01 "/ú 49.252 1959.% 434 0.17%, 3,M? 1.45% 251,3Tl 10'O.00t'l" ¡to Native American Asian ----, Native Hawaiian Hispanic Other Ra¡.;e Mulli-RàCEr ¡To!;'i! ~ : 65~,~ J flÙ>dh~H' C'fH¡,k 00 'v ...,........ ", Household Characteristics There are 75 number of families in Naples South and the average family size is' 2.41 persons. The averarJe householdsíZè is 2.29 persons. -.....<'='"""'"''' Household5' % Of Total Households -,- Rer\ter 34 28.33% M> Owner 59 49.1"1% Vacant 27 2250% To~a! Household 120 '" ~-;- """-'--""",»< Households Male Head of HOIJ$ehc.\[d, No Children I 7 - SinglE;) Father with Children Under 18 7 Female Head of Household, No Children S , ~~~º!::~~?~:~ilf1 Children Under 18 5 ---..- Mðrrjaå Households, No Children ._.22 Marrìec Hauseho1óswlth Chìkjrøn Under 18 39 ~, """~, Sales History Thetabfe below shóws lheavarage historical single family residential sales v~lue fot Naples SOl..ltfL . Sale Value ($) Sale Dale 1 9DO-1969 NlA Balß Date 1970-1979 Nil' Sale Data '1980-1989·"'·'----·'·-' 4.500 .....;«- Sale Dale 1990·19'99 74,940 Sale Dale 2QOQ·2û03 13HJ395 -- -- Agenda Item No. 1 DC .,...º.r~.~.9.~!.~!~...º.?~~..~.nj~ï...EE2E~!...B.!e.2!t.....~... "..."H.......%...~~~~.~22~~~=..,...·· Population and Oemographic$ According to the US Cel1:s'us 2000 data, the community of Orangetree has a total poptjlatiofl of 950 residents. This population is comprised 01 903 White. 12 Black, and 129 Hi$penic persoi\S. The age distribu¡¡or1 in ¡he còrnrmmílyof Orangatree includes 96 persons tJt1d{~f the <1ge of 5,192 persons ages 5-1? 566 persons ages 18-64, and 96 persons ages 64 Emd ovm. This total popu.lalfon i"ciudes 417 males and 473 fernaJes 'r'" , % Of T ;1--;í1 Population --- Population! 'INhite: 9U3 9S,,{)!)~t~ --~ BI<Jck '12 1.26% ,>,».""",-""", NaUve American 1 O.DO% '"'__'''''''''~__M''''''·'~'·_ A$~f1n 2 O.2l% -"'"- -~'''''''''',-...,.'._--.- Ni'Jtiv0 Hav¡aÜan 1 a.OO% "-'-"""-_0 '3,58% ~~!paniç 129 Other R.ace 18 1,89% -.'~"~"""""''''''''''''''''''",, Mult1-RaGe P '1 ,3ïL>~ _, T01al 950 NOTE. Surf"! cd rz¡c-OJ:Z may P!J'! (~'~,w~d k;!,., n~)plÚBtJ(W 'T"'''' P;;p~ ationj 'il gel 192 21 % Of Total Population: "",-,,,=,,,,,,.,,,,,-,,««- Age -< 5 Age 5-17 Age ,13-21 IA'tJe 22-29 ¡Age 30-39 fAgB 40·49 Þ.-1.?~?().64 l ~º~:.~~",---~-1. ~,t~aies ~ 10 '!~ F;~;J - 20 2t % w,~"."..,...""".....,.- 2. 21 !~.;~ ""~"'" 54 6.74% ,,,,,,,,,,"^,,>.<--,,,,'-- 19.aB'}S 18U 12'8 1 ~j .4 '1'~<j '_-,' .~."^-<"",.""" 17,26% '164 96 4T71 4/3; ,'''',..,''''',,..,....'-.. 10.1 í ':it· _.'.""._.'yA'"'."_·''' 50. 21 ~{~, -"""'."""~ 49.79~::~~!~ -:'--""'-'Y,"".:M.·"'_'~""~ Females . ",,,,-,,-.,,,,. County and State Comp3rison ",.",..,.,.~..",-",..,.- Flol'ìda % State Colli~'~"'¡''Io County I Totals Tota! County! Total v\'hitc 1Q.456.: ----65.42% 1 e,¿i.()t'ì31 73.62% felack 2,244,701! '¡4[),i';'~ =" 11 190 44.5%:; !~~!iVC Amcríçan 43.888i 0.27% ...~ 566 0.23% r-:Si~2:260,532':'63% ,195 _~~~~ ¡Native r1aw'Biian ~).40g DO:3%! 30 OOl % ¡Hi$p;~~~;--_· 2680.314 Hi.ì'7%¡ 49.252 19,59% 1-----'---,---- ..,-.-..,-- !Other Race 27,6"16 0.17%1 434 0,17% Mu¡"í-Rate _-'::1~_~:=:~'26~~,4aõ 1 £¡5%í 3,647 1,15'% !Total I 15,982,378 100000,{,I 251.377 100.00% , ''''''''''"-'''""",".<-",,,,,,-,,,,_..,...,...~ ,.., -J . O'i>ngt\tl<!<ê I I I I. Gúld4!·¡j Gðh! E:.IMøs It,,-!h I I I G ,_,,,,,,,,,,v,,»·.,,·,,,~,_,· Household Characteristics There arø 292 /lumber of familíes in Orangetrèe and tii8 ðvcragt: farnHy size is 1.4 persons. Thfj average h()uS{;Ì)()ld size is 1.33 persons. r----···,,·~· ,'..._"""" Household$ ~~ Of Total i Households ~''''^''-'''".@,.._"''''''''''''''-_._- ,~...,_._--- ¡Rên\e~ 12 338% --..'''''..., ..-- 'Owner 315 88.73% """"'''''.''''' Vacant 28 789% Tc,tai Househojd 355 -""""" Household' J '16l 1371 125! Mi3le HeacJ of Househo!d. No Cfiildren Smg ,e Fattier with Children Ul1ócr 1B FCffi<llc Hand of Household, No Childnm ISlnglc Mother 'I'.'IIM Childf€n Under 18 I ¡¡':'¡;¡rríc,;: Hou:;choids, No Children ~ I ~~.ärrieó Houscholds wllh Children ûñ'dëï---;-~~_ Sales History The tahle beio'J'J shows the average hi$!oricä! singl~ fmniJy residential sales value for Orange1re~. ! S~I"~~:I~e ($)1 i NtA NlA 97,483 127,OG9 209,065 Sale DatE! HfOtJ·196f1 Sale Date 197D-197fJ ISa¡e·D~~..2"~~~-1889 ¡Sa!e Oate1990-1 G9f1 !SaJe Date 2000-2003 OLO<.D 00') 00_ .-.:r N 0 -C"") NC"") . or- E'"E~ Q) C. ro ==«a.. ro "0 c: Q) OJ « -".."..,~ , (. , ~ ? ~, l1 f i: ;. LL~ ~ L~ , ~. .~ .01':. Ji ~. ~ 't Y 3,;¡ ~ ~.~'l~!g;; ~ ": : I n " " .. .' ~ . ,. .. _"""""-"·;,,,w.,,,,~ '2 ~' ;?>- (--I i- '...; Z "'" -", ;..........;." .- 'JJ ;; :J:;;;: -JC ~ ,,~ ...; .'-' ':J t= -~~ ~ OLO<.D 000') ..-0_ ,N 0 o -'<t Z~(Y) E= Q) Q)'-01 ...... 0.. CO -;;«Q.. "D c: Q) :t "''''''''-.--,'''',,- - , 'j - c .z; (, - . "- 8 r (3 , ~ , " :¡: ~ ,:(1 , '" C' ~, , , " , 1 .;: ~ :~ ;; ,; ;i.t ., " ,¡: ~. R ,,1 ~ ~ ~ Æ ,." " , £ ¿ ..:0 ,', ,~ ,A :;. J " ;roo <' ..;:S; .. .. Ii 'j.,: '" .;¡ . , ¡ I ¡ tè ¡ , 182 :...;; ;: ~~ --1'-'" .-. ,~ -........r-- -;-, ~ :~ Ii ;~~!< ",.J!.- '. = .,' .' ¡',:::.1.. ~:J,,'" . .¡ $ L'=~! .,._..~_...^ , .......,.-.. -_.~~~'''-'''.,,~. Agenda Item No. 10C April 12. 2005 Page 35 of 96 SECTION 3 Kick-QffPublìc Information Workshop (;oals, Objectives & Policies February 8, 2005 H_j¡ It;t....... t~ I..I,;Ø>;~·~~...... ,..,.,. ~ '" ..~._.-.,~., Agenda Item No. 1 DC April 12, 2005 Page 36 of 96 Kkk~Off Pub[jc lnformation \Vorksoop GO~lls< Objectives & Policies ji"ebru.\ry 8, 2005 A public infÖnnaìion workshop was held at Oakridge Middle School to introduce the litudy to the public and ontain feedback on tbc goals and objectives that \\dll drive the' tlptbte process. The meeting \vas comlucled in an open house Î{)rnlaí that aHowcd the public to vie'... the proícçt material between the h()ur~ of 5 to 7 p.m. Metropolitan Planning Organization staff: CoJl1(;r County Transportation staff and Spanbh trans¡at{)r~ wcre prc~cnt to explain the process (1f the transportation update and answer qucstions. The project newsletter was a'.uiJable jt)f those' who did not rcceive an t>maHed copy. Disp]¡lY' boards indudcd till' 2025 Long Range Transportation Plan, the Regional Tmmport:(Hion \1ap$. and the Co] icr ('oullty Five Year Work Plan. which attert<locs v,:cre asked to mark \....hal they believed were the most congested interscctions. and to draw in am roads the\' \",'ouk! like to sce built, Attendees \vere abo ašked to tm out a - . qu(:stionnaîrc regarding mtermoda~ transportation in CoUier County. The results from tht.:$(; arc a nart of tho sunc\ rú~mits \vlÙch an: included in Section 2. Rcnort of ~ oE ' ~ . . , questionnaire responses. The sign-in ShCCL,,> and a (',(JPY of the handout from the puhlic information workshop fbHow. Also attacheu arc the approved Goals. Objectives & Ilolkies. which wen: (nnilablc at the 1'\"orkshop for the publie to comment on \vhik in dratt status. OL.(j(V ...Q g 0') ':'IlÕ .'1-"'" - -r-'r" E=¡'" ( ).....'~ .... a.. co ;«0.. -0 c ( ) :¡ ~ ~ ~ Q ~ ;:;¡ ~ ,j ~Q., 0';, 1:1 Ø,.¡ ,..;.., -= ~S~ ~ t.. ~ .~ 0 tI'¡. :r -~~..- ....... r-f-4::::¿s' Z:.:z::=N ;:;¡ 0 0 ... o .~ OC U ~ ~ t, _Z=CC .... . __., t.. Mf ~:S 0 i:. -~~.Q ....;¡L..C~ ....;¡!"""""-~ """" ¡;¡J .~ Xø:6 .....,z= -~ < Q::; c.; z d ....:¡ ~ ,0 M ~ rJ1 -< ¡;.;¡ ...;¡ Q., i- z - ~ Q., ~, ~ ~ ;- r-~ [;2~ ....J t. I- ..... U ,~ = -2: ~~ -£ ~'u.. @ ~- üL(')(O 000; .,-0...... .N 0 o -0::> Z ~.C'? E=lID 1])'-01 ....... c.. ro ~«CL -0 c:: I]) ;¿p ~ ¡- < Q Q., ---- .... z. < "' - ~Q. 0-' 0 Q.,"'-" ..c ~O~ ¿o;t:1- ""'" r-' 0 I;('¡ r" <>, 0 ~L-.~o Zr-'"",N ;::ì.·OC::.. Õ .£ ,.., . !*I, \",I Iol-. -; t-· urn=:e-:i ,,_z t: :: ~~~Ë -~=~ ...Jf-;-¡;'¡;' ...J t;¡;;¡ . ::: r~ c; :ë UZ= ~Q.. V Z o ,...;¡ Co ("i o M :~ ~¡&··~.C=···.··.......·.·f,·J o~ u ¿v.. .....: c. ro ! ] ,; o (å ¡~ .Q. 1vt ft; .¡ ro I~ jf 0> c o .,J 7:. iJ:; ¡;;,;¡ Q:: Q I""'> - -< ... . . (1 t'. ;.:¡ c. v~ 1) < ~-"1 ,~ ~~ ::11'- : ") i t. ¡ L --!:1 0' !.rf> ~. - r. ..J ¡\-.; \¡¡o ~ ~ ~;I~ v z ~ ~-- If ~ ~ I 0 t~ t¡\ ~ (1- ~ ¡.:f:! ~ ~ ...:" >:W ~ ~ l' ~3, .~ Q \ ¡ <:1 \\~ J ... ~ J\cr ';.,;, ~~. ~ ~I . V ''',1 '~.....¡. .~ ;\jl'~ V.) ~ V \,11·\ ,i ~! ~ ,-t¡ ~ " <r )' r~·· ;:¡ ~q _I _..". \)p~¡." Y. ~ ^ I ....f i t¡¡¡. 5i '\1t.· cw J j ~ "" j I 4( ~.I ~ "'¡ .< , j C' i 2' " IJ-i \~ ^ 'Y ~ ~! 0 ~ šl J ~ ~ ~ 2' 1 Ie- L1 l .'" ~~ Q eli oi.,; -.;: -~: 0'.:. t"-J¡!\j' \/j.I.· ~.I \-l ~, '1 ~ ~ ~ ~.j1 , I ,,'" I, ,.:y. ~1;,." .. I ; ~.-.: '-J¡ ~1 1. ' i .0 ~I ,,~¡ ./le.; '" ' ~~ r " ... 00 r.....:": ,-.« :::: ... .- t__ , ... ~ z , ~' Z ~ ~ - ,.. ;-' ~ ")1 ~ ~¡ v, ,."\1 "I OJ. { ,pf V\; ;..: If'1 ,~ ..... "' -- ;t', - ® ~ 2::0í ~x .....J ~, ~ :;; ;~ :5 -::=:,~ c::i ÜL{j(.O 00':> .-Qo...... ~o . 0':> -~..~ E'EOJ Q) c.. CCI ==4: a.. CCI <::I C Q) OJ 4: J:;¡J f- < Q .~ :.:J Z < í - t:l.,Q,¡ OZ~ ~O~ ~-'!: ..~ ~ O.~ ><~Q ~~~N "7 _ c: .... !:., ..... 0 QO ;:;;0; ;;." O,Q.,;~~ U~Eã ~~~É ~,.;.....~ ..... ~ .. r·o.' .JE-~~ ~~ ';,J ..~:.:: O·e".&::I r.,) Z ¡J -, ..... < ~ "" Z -} ~ - o f"') ~, Ñ ,1,....."1 --. ."JJ ~ ':1 - ....;¡ Q., ¿ -< ~ z' Z - ::'. :... \.-' Z - ~. Z :-¡ fJJ ~ :::t: Q.: ~ ""'" IIIi!I!IJI , 00 trJ ~ " Q Q -( ~ I J I ¡ ¡ I i j ~ 1 ¡ . I !' I I ¡ t' ~ I ! i j ¡ r I J ~ I ¡ ¡ i , ~ ¡ ! ¡ $ ! ~ ~ ! ~ ~ ¡ ;I ! I E c... t=:'~ h- . Q:\Y. ::~. Q 2 ~ -ß (,'~ u ~'-u Agenda Item No. 10C April 12, 2005 age 40 of 96 lM9 R~"9~ Tr~MPClr:~tiDn ¡>Ii!~ Collier County Metropolitan Planning Organization 2030 Long Range Transportation Plan Update Public Information Workshop Information about the MPO - .. Find out who the Metropolitan Planning Organization is and what they do .. View documents relating to Collier County's transportation system Long Range Transportation Plan Update for 2030 - · Review and comment on the Goals and Objectives for the 2030 Long Range Transportation Plan Update .. Designate the most congested intersection in Collier County on the Five Year \Nork Program Board · Fill out a Transportation Questionnaire about the Collier County Transportation System .. View the current Collier County Long Range Financially Feasible Plan · View the current ColJier County Long Range Needs Plan Regional Transportation Information· · View the Regional Transportation Maps - Transit Routes (both Regional and Collier County) - Bicycle and Pedestrian Pathways - Roadway NetvoJork uestionnaire.. . a transportation q Don't forget to flu~~twant your inputt Visit our web s1te at WIIvvv.Co1!ìerLRTP net Agenda Item NO.1 OC April 12, 2005 Page 41 of 96 Uoa/s. ObjectiJ'e,"" (lnd Policies Collier ¡\iIPO 2030 Long Range Transportation Plan Update CoWer County, Florida 111C Goals. Objcclivc~ and Pol idcs were approv{~d by thc Collier Co HillY MPOat Üs February 11. 2005 meeting. GOAL I:A !\UJLTI-MOOAL TRANSPOlrf¡\TlON S'fSTEM THAT IS BALANCED ANn INTEGRATED WITH ALL TRANSPOR1'A"flOi\" ¡HODES TO ENSUJŒ TIlE SAFE AND EFnCŒNT MO\'EI\H:Nl' OF PEOPLE AND mJOos. Oß,JECTIVE 1.1 J\Uuimize congestion. POUC'{ 1.1.1 The l'"lPO 1,vill us;e the Congeslkm MarJagcmen1' System (CMS) to idcnti(y transportation congestion needs and to help e~tabH~h prÜ)rities. POLlCY 1.1.2 The !vlPO \víJ) explore the feasibility of implementing various Iransport...:¡:tion deman.d management (TDM:¡ measures tn rc1icvc l:onges.tÎün during peak periods öfiraveJ. POLICY 1, ¡.3 Tl1c MPO wiU support the prograrmning of State/federal and lüçaJ flrnds thr trallspMlation system managcmcru (TSM) memmres and Intelli.gent Transportation System (ITS) initiatives tü enhance the cfficienc:,,' of existing roadways, cspccial1y in capacìty cÚfls1rainüd corridors, OBJECTIVI:: 1.2 Provide rensonahtc and accessible regional public transit services. POLICY J,1.1 'fhrough its Congestion Managemenf Systérn Report. the MPO win ¡dcnti(v çongcsh.~d cürridors \vÌ1l"t'c trans.it s('1"vice and pathway enl1rtncemclus can be used to rcJicvc l:ongestÎoH. POL1CY 1,2.2 Tht.:' MPO wm \vork with 10ca1 govcmmùnts and FDOT to incorporate transit in levd of service analyses, particularJy in areas whcre the roadway nehvork cxperiem:es righh)f-wsy or nther constrairns. POLlC'{ 1.2.3 The Iv1 PO \vill consider transit altcmnti VC$ II) it::; funding prl()f1lll.mi(m prnçCS$. POLlCY 1.2.4 The tvlPO will work with CoHjcr Area '¡'nunsit (CAT) to cormœl CAT and l{)ca.l paratransit service \vÜh Lee 'Iran though the Transit Dcvc10pnlCnt Plan process. I!1E Grou ). t JC, ,SER VEK]\uJ'¡iC')~"njf~tCoìF~r ¡RTPJ";,w)\l':n1SFitLl¡(ìnpS~ 1 W5..b: N'''''_~,_.'~_^,?>,,,,,,,,,,,:,,,V'',_,~,,^_''''''''''''_,,,_;,~,,,,;,..;,,",,~,~,~,,,,,~''''~''''''''M_'",'''~'__,__ ORMP. In(', <\.ppn Agenda Item No.1 OC April 12, 2005 Page 42 of 96 pouc,' l.2J1 The !\1PO will work with ('olher Area Tnmsil (CAT) w develop a commuter assistance program lhil! coordinates car ami vanpooling with existing and proposed l1xcd-rol1te serviées and park and ride locations. POLICY t.2.7 The ¡\lIPQ will encourage cmpioycf$ to use mœntivcs for transit use, such as bus passes. vanpnoìing. and coord1nation of rides.haring m.:tiviLies. OBJECTIVE 1.3 Pwvidc more sidcW1tlks aud bikeways. POUCY 1.3.1 The \t1PO will priontw.: 1iw programming of expenditures íÜr transportation cnÌ1anct.'1llcnt activities to expand and enhance bicycle and pedestrian facilities. The MPO \viH consi<kr bicycle and pedestrian needs as identified in the Collier County Cmnpn::hensívc Plan when dcvc!øping Hnd prior'Ìtizing tn:mspoliation prc~¡t:.¡,;ts- POUCY 1.3.2 When cslirnalíng tinancîal reSOLJrces availabk 1'01' major tr;:msportation faciJitÎes and services, ¡he )\1 PO 'win set aside 110 less than $500,000 per year of the availablc annual State/federal lransporta1Îon revenues tÒr bikeways and sidewalk:;. POLlCY 1.33 Tbç t\.IPO \vill encourage FDUI and local jurisdictions to clìsure that aU [1eW COJTidors identified in the adopted Comer County P¡:H}nvay Plan (CCPP) that are improved be planned and designed to accommodate bicyclists and pedestrians. POLICY ¡.3.4 ¡'be ~wo wil! \vork \vith ¡neal go\'crnm.cnts and FDO! 10 incorporate ofhicydc and pedestrian tà.ciJitiesi n \eve! of st;;1'vk:c analyses. POUCY I.}.) Thl~ l\1PO wiH (;öntinuc to work through thc Pathways Advisory Committee (PAC) to develop a com prch ensi vc pathway plan, POU("{ 1.3.6 The \.tPO '.viii \vork '1,,'ith local. St;ite and Fedc[<11 ;¡gencìcs to secure discretionary funding ()¡ bicycle and pedc5trÜm facilitics to address current and future unfum.kd needs. OBJECTIVE 1 A Providc infrastructure that enhances interface bctwecn motorizeù and non-motorized modes. POLlC{ tA.t The MPO will \vork \vit11 1nca1 government 1(1 develop l11G'Chanisms to provide for 3n inlt:,rconnected system of rights-of-\vay w01ch can be used as 11 non-automohile transportation network. n1!:.~?!uu }. I"... ...,-^-~._~_.._.""'-"-"'" _""'""'ö,~_ '·r._"_""^V'~"-_'" '^' '_'."'~__.'.. -'.'," ,",·.w.,_·.~' ..~....~- DRMI>,ln., "¡ J\ /SER\/CJrFUbbJ.Jccnmh.~r C"niJ¡;;":r Lg-JV d!!·~· uÞ)(~n;:-- J'i n¡li(i{) P-S ¿ I ,;!~ ,d,.-,;'~ Agenda Item No. 1 DC April 12, 2005 Page 43 of 96 pouc,' ! .4.2 TheMPO \VI[] evalu<,\te. and if possible, m¡ìp J1HI.jor areas throughout the County \vherc motorized and non-motorized modes meet POLlC)' 1.4.3 -nle f"fPO \vir! evaluate the pert1mnanc.c of intcn1wdal l1üdes such as transit transfèr centers, transit s!op~ishelters and park-and-ride lots. OBJECTIVE 1.5 Improve iotermoda' cot1ncctivU:y. POUCY 1.5.1 The MPO \ViII evaluate and consider improvCmCIl! alteI1Htliv¡¡:s that énhance intcrmodal Jinkages and minimize conHicts bet\veen transportation modes. OBJECTIVE 1.6 Prcyidc €.'fficicnt tt'uckroutes. POLICY 1.6. The MPO \\'iH \vork with local jurisdictions and FDOT to produce a map of truck routes to assi8t in effective planning fbr çffident tmck travel. POLICY 1.6,2 The r>.lPO wil1evaluate m1d consider improvement alternatives that maÎntain 01" enhance t.he existing or proposed trucking cmridors. POLlCY .6.3 The !vfPO \vil1 evaluate the increasing need j~)r improved inter-county and inter-regional ÙlcilÏlÎì:s IhM support the eflìcient movement of goods. POIJC'{ ! .6.4 file [\,1PO \.viH lltilizé the rc::>ult:-¡/output of its CQngestion ,VIanagcrHcnt System (CMS) to Ü$siSI in ider1tif-'...¡ng truck needs. OB,JECTf\/E 1.7 Divert trucking to rail, pjpclil1cs, waterways, POUC'{ 7, ¡ TheÍ\fPO \vî!l investigate the ièáSibijÜy of diverting freight to other modes. Inforrnatiol1 on mil. p¡p{,~Hn{,~s. and waterways which may be suitable r()I' freight di v{~rsion w'ilI be mapped for use ill this eflbrL OBJECTIVE 1.8 Maximize tran~poliatioß ltctwork continuity. POLlCY 1.8.1 The MPO \vil! evaluate and çOrìsidcr .improv(:¡'tlcn1 alh:matin:s that increase the linkage~ ;md intc:rconnections of majO!" I'Qads.. reduce CÎrC'i.!itou$ tnwel pattern:;, and relieve congestion during peak periods. TIn: (;ro\¡p. Inc. "SERVERpuh1k'Jt'l1nilt:rC,, lIl'! LRTP,;j".:um,'m~Fl(lJIG{W$2! 105<1,)(" """""'<"""'''·-<-·-'''---''''''''''''~<''~''~''''''''"·''''·''__'~_~'''___'M DRMP.lne, 3 ~\ppn ,-,.-<.,"~.",.-._,,;-"-.,-- Agenda Item No. 10C April 12, 2005 Page 44 of 96 POUC\' l":L~ 'rhe MPO v....m evaluate and consider tmprovc.:mcnt a~tct1)ativi.~s that enhance intcrmodal linkages and mìnimiz(~ conl1ic:tS bdwccn lransport;.nÎon nmdt:s, OH.rECTJVf: 1.9 E.vl1luate water-based tI'ansportation, POLICr'1.9.1 'fl1c Iv1PO \viH \vork Wlm kx::al jurisdictions to ddcrminc \vhat tY1)CS of water based transportation may he advisahle fÖr !Ì1C County. POLlC'y' 1.9.2 The tv1PO \vi ] evaluate the uses at the existing water pOlts and detcmlín~ if (}ption~ exist fl}f better utlljzation ofalœrnativc: ty'pes oflrampollatiün. OB.JECTIYE l.lO 1\laintain Level of Scryicc (LOS) standards. POLlCY 1.10.1 The ¡v¡PO wiJievaluate and consider the existing and projected operating LOS of area f~lçiìities ,vhen prjontizing the prügmmmíng of fcderaliState transportatton revenues. The MPO \vill rnainraín an LOS sprcadsht~c1/databasc coÚtainìng the appropriatc LOS standard íi}f eacb Jurisdiction, "n)C l\,1PO will also mairHà!l\infonnalion regarding des.ignated Transportation Concurrent) Exception Areas, Sustaini.¡bk COllliIlunitics, Multimudal Transportation Districts, and other designated areas which pn1\ìJc a!t\èmatívc LOS options. POLlC'{ 1.l0.2 The )'vlPO \\'Ì 11 work with responsible Jurisdictions to enSllre compl ¡anee ..vith locaUy adopted k-v'c! of serviçç standards. POLK")' !.1 0.3 The \WO will work with responsihle juri~dicti()ns to impltïnent needed improvements to their raeiJitìes. POLIC'l J, 10.4 r'o tht~ extent fèa.s.ibk. the !\lPO will work with rcsp0l1S1b~(: jurisdic1ÎtJl1S to implement ~dvançcd Right-of \Vay prcsl~rvation 3nd açquis.Íiion programs. OB,JECnVE 1.11 Provide a balanced system ,,'ith viable modal options. POUC"{ 111.1 The 1'v1POwiH evaluate and (;()!lside!" muhlrnodal irnpro\C"ment alternatives that enhance the attractiveness and that encourage the u.sc of a!ternatívc ¡nodes. TBE Groll ), In'. L1ltJ'11'. lu('. 'S¡·:}Z\'Fg>.gUlr.Üçj.~"r;fuh~r·( ,, lI;'f I R-TPd(",-um('n1~ r::n~-dCj(JPS:: i ¡';15.d~x 4 ~\J Agenda Item No. 10C April 12, 2005 Page 45 of 96 OBJECTIVE 1.12Impro\'c public transit services. POUC'!" 1,12,1 The [v1PO wi I] work with CoUitr Area Tral1sit (CAT) to dcvcJop stmtcgΡ;s for Improving c.onvenience and amenities (benches, kio~ks, shelters, hike racks) j(¡r public transit service in order to attract choice users. POUC'r' I, ¡ 2.2 TheMPOwiH work with its member govcrmncnts and local transportation providers toindude transit policies. in 111ZIs.ter plan Or cmnpreh(~nsjve plan documents thrn are consistent ,,'ìtl1 Those ~(mmjned in the 2030 LR'I'P. POUCY 1, 12J The ~vl PO will work with CAT to establish a puhlic particit)<lli.øn process that would inClude the review of and niake rccmnrt1cndations I'cgarding transit scrvicc thanges, POUCY J.! 2.4 The MPO will work \vit}) CAT to (levclop un cnhanced publjc outreach process aimed at obtaining Ínput via public \vol'kshops and utmzillg the surveycapab¡li\Ü~s of the MPO's wehsîte, POUCY 1. J 2.5 The MPOwiJ1 obtain and review infi.lmHuion fÎ'orn CAT relating to system perfonn;;mcc and expmlsion proposals â11d needs as part oflhe Transit Dcvc1opmÜI1Ì Plan proces.s. POLICY 1.12,6 Thciv1PO wìU work with C,/\.l' to site bus shelter, park-and-ride lot and tram,fer centers in are~¡s \...itl1 high stop actÍvity 01' latent transit demand, POLICY 1.12.7 The J'vIPO wil! seek funding opportunilÚ:s {)f <ltllornalÌc vchide locator (A VL) deviccs and other such innovative nux'!mnîsms that can he used to impro\'c lìx(:d route gystcm cftìciene)t and improve p<;ssengerinfollJ1atiün. POUC'{ 1.12.8 The MPO \vill coordinate its work on transit. transportation disndvnntagcd/ paratnmsit nod pathways planning activilics to r(~ducc dup]jc~j{¡vc services and incrcHse ctTIç¡çm.~y of the;¡ç systems. POUC\' 1.12,9 The lvlPO wiil Cllcourag(.~ the impn:)\·cm(.~nt of comlnunication between service pr()v¡d~rs ;wd citizens. Sornc strategiús for this n~ay include \veb notification of bus rout<..~~ and schedulcs, ',',"eb surveys, comment cards 011 busses, intdh,g~nt notiilclltion syst(::ms in high traffic areas. and telephone or employer sun"cys. Tin: Croup, IlIc. SFRVFR·""bliçjö'H1It'::r{-.'illcr ( RTf'{I";'UlH'.'ll{5FI1,,,IGOPSè 1 HiS .kx DRi\'fJ), Inc_ -'-~'--_.""""'_..""""-""".'^ 5 /l}}pn: Agenda Item No, 10C April 12, 2005 Page 46 of 96 OBJECTIVE I.B Develop and prQvide 'Spcdallzcd services and systems to meet the needs of transpoTtation-dísad"'antagcd persons. POLlC't'I.t3.1 Through tht: Local CoorcHnatmg Board for the Transportation Disadvantaged, the :\lUtO witl \\'ork \\,]tl1 CA'r and the Community Transportation Coordinator to transition paratn,msít trips I1.mdtxi through the Florida TransportatÎon Disad\'an1aged Program onto CArs fix<.:c!-route service. \vhcrc possible. OJUECTIVE 1.14 Encourage utilization ofTI'ansportation Demand Management (TDl\l). POL!CV 1.14, I lhe \'1PO will cncourage local j urisdictìol1S 10 develop multimodal plans, services, and progmms that dccrea:::;ç reliance on the single m.:cupam vehicle ;:\s the dominant means oftrav{:L POUCY 1. !.:L1 The MPO 2030 UO'P '.vW ìdent¡t~' methods citizens can use W commute to '.vork and decrease nven~H ¡raffiç demand on the transportation s):stem, These mc¡hod~ may include transit ridership. tcJccommutíng, t1cxiblc work schcduJes, t:llrpooJing, vJnpooling, walking, and bicycling. OB.JECTIVE 1.15 Enhance the health aud 'welfare of Comer County residents and visitors. POLfC{ ¡ .l5.1 Tbc:Vœo wiH <.:nsure Ina.! its prioriry proc(:ss indudcs cO!l~iderat¡on of any nc\V f¡tdliîÍçs, or nwdificatíon to facilities rhat wjJI provide tbe opportunily Ihr Collier Coumy residents and VJsitors to Improve th~jf' hcahh am! \velFare, OBJECTIVE 1.1 Ú KstabHsh process to maximile input un all aspects of traIlSpol'tation. POLlCy' I. 6.J The \'IPO ..vi!! estabHsb a proactive public invo!\eJm.:¡¡l process t{) r\l¡¡x¡lTtl7.e input from individuals, juris( Jctiol1s ami groups 0]\ a11 iJSpr:cb of pubJic transit and Ilon-mo1oriZ(Kl transportatwn, POUC'{ !, [6.2 The MPO '"vill utlliz~ a varlety of pubJíc invol\temcnt techniques to mSllre that aH citizens. are ah1t to provide input into theLR1P and priorilÍzmion proctsSI'S. GOA,L 2: A TRA;";SP()R'IA 110'\' S''-STEl\1 TH:\T IS SAFE ANI) SHTRF.. OJ3.JECTJVE 2.1 Reduce roadw.1Y cra.sh rates, POLJC'( 2,], ¡ The :'v1PO "vjI! £!ctivdy parlÌÒpah: in the C(H11f11unítyTraffic Safety Team {CTSTi program, nH: Croup. !rHo. DR\H>. hw. ~,."."-,,,,,,,,,;';;>"",,",~.~,.,,,,,,,,_¥, ,,,,,,_y_,,,,,,,,,,,^._-,-,...,..,.~,.,.,»,.,,,.,~,-~.,.,...,,,,,,,,<,,,,<,,,,,,,,,,,,, )'i'1tnif~;~¡,('oih":r tRIP J,,1;..:!jrnl"11t~'.I·· m~K,jt)~· S'::'11':15 d(.y~· 6 '\r Agenda Item No. 10C April 12, 2005 Page 47 of 96 roucy 2,1.2 'rlu~!\.fPO '.viJI c\'.11uatc and consider ¡he accident/crash data of a.rea facilities when prioritizing the pl'OgtamnlÎttg öf federal/State trMspmiation revenues. POLICY 2. ! .3 The i\4PO \vilJ ençourage access management measurcs and safety improvements in areas where high crash rates havl' been idcntiíìed, OB,IECTIVF.: 2.2 Reduce multi-modal crash ratcs. POLICY 1,2, The MPO \vi!l use access manag(:mcnt, traffic ca]¡nmg: techniques, bjçyde and pedestrian safety, enfÒrc:emcnt issues. and othcr methods ~ìS pw.Te'~t evaluation crìteri,1 in the priørìtizaÜon of improvcmcrits, POLICY 2.2.1 1lle MPO '.\liH give funding priority to those projects \vbich can provide saitHy Ì!npfOvements in locmitms with higher accident fates. OB,JECTIVE 2.3 Increase transit and infcrmodal security. POLK')' 2.3.1 Thc~v1PO "vill \....ork with CAT to secure addit.ional fìmdîng when possible {(1r f;heItel'S, and lighting to increase sççuríty at major stops, The MPO will work \vith CAT to <ktem1ine tht' feasibility ofin,staUing cameras at major transfcr points. POUC'{ 2.3. The \,1 PO \vill work wìth other agencies to dett':nnine ''''hat types of irnprovcmcnls can be t"t1adc to security at intermodal fhciHtic3. GOAL.3: A 'fRA.\,SPOKL\TION SYSTEM 1ft\T K~Ht\~Çts E1\:UŒ(~.t:N(){ RF'::SPONSIVENESS AND E'\,ctt..\ no",', OBJECTIVE 3.1 i\1inimÎlc emergency rcsponse time. POLlCY' J, L ¡ Th.;.' ]'...-lPO 'I,viil assist in the development of a Cüunty~\\"¡de Incidcrìt Managenlcnt System. POLiCY 3,1.2 fhç MJ)() 'wiH panicipaIc in regional and statewide efforts related to emergency response. POUCY J.1.3 The rv1PO wì!l work with local agencies lO determine the vÜtbilìty and fea.,,,ibility of signal pn~~ emption to imprn\'(' clm.:rgcncy service respmlsí verH:$s. TIJE Grt>j p, Inc. UR\H'. Inc. _~'"~,.,__.,_~"v-^ >"';<-"""'''"''.,.,...",,,,,_>,~~,,,,,,-_._,__ -"SL,t( '\' FR pt1td¡.;~Jcnnth;;f" Cnil fe1. I 05 .d-~)( .. l \PPf1 Agenda Item No. 10C April 12, 2005 Page 48 of 96 OBJECTIVE 3.2 Provide cffidl~nt t'yacuation routes. POLiC'{ 3.2,1 The rvfPO wi ] work with local. regional. and :'>tatc agendes 10 identify emcrgem:y evacuatirH! routes IÖr USe in emergency pl~mning. 'rile ¡vlPO shall consider emergem:y evacua¡ion route needs in evaluating long-range transportation alternatives. POLlCY 3.2.2 The i\{PO shaH coordinate \vitb the Southwest Florida Regio!1ul Planning Councíl and !ocaVStute Emergency Management Offìciuls in prioritizing improvemems to help rneet hurricane cvaCUii!ìon and disaster recovcry needs. OIJ.JECTIVE 3.3 COOl-dinatc with 10cal officials regarding. cxpa.nsion of local shelter OPPol"tunitics. POLIC'{ 3.3.1 Tht.: Iv!PO will appoint a s.taff member to coordinate with local ot1ìdals regarding emergency evacuaÜon i:-:;sucs. This staff mcmbcrwHl work with local otl1cials regarding the potential expansion oflücal s.he1t<.'fS fot' (:mcrgcncy ('vacuatwn purposes. OB.n:.cTIVE 3.4 Improve accessihility to local cvacuation shelters. POUC'{ 3A.J The r-....1PO \\till appoint a staff member to coordinate with local omç!als regarding emergency evacuation iS$ucs. Thís staff mçmhcr w¡ll work with loca) officials. regarding the potentia) to inlprovctranSpoli(Jtlon acçessibility to Jücn1 shdtCfS, OBJECTIVE 3.5 Identify availahle alternate evacuation routes. POLJC'1' 35.1 Tht" :-'{PO '.vill çons-ider the rcgionaJ and Slate-\vidc importance of interconncctìl1g hurricane cyucuation rontes \vlih adjacent urban and non-urban areas.. POLlCY 3.5.2 Th(.~ \\1PO wi!! ass.ist the local officials and the Southwest Fìorida Regional PlanningCOul1l in updating the rcg1rHla! humc:.me evacuation plan whid¡ ma!' also be lJsed fix üther emcrgt.:nt;y situations. POLIC)' 35.3 The MPO Incorporate ¡he regional hUJl'ietme cvacuati¡)rì plan and evacuation $he!ler lot'atinng in the availabk public d{)CLHlleìltatjon in the 'v1PO office:':> and on the \vebsite, Inc. 8 A¡ TUE In<o. 'SF R \'FR1.htbk.'h;;nnil\·tCd h!;,r L R.TF-,df'CJJIr!\~nh .F-in;.IIG() JS::- ¡(l5.~.11.'" Agenda Item No. 10C April 12, 2005 Page 49 of 96 On,JECTIVE 3,6 Idcntify availablc transportation options during evacuations. POliCY 3.6,1 The ;\4PO will work \vilh local officials to determine if transit or other ,nodes may be fèasible evacuation options. especially lor clder1y. lo\\' incornc. or high risk populßtions. GOAL 4: A TRA......'SPQRL\ nON sysn::\J THAT IS SENSITIVE TO THE EFFECTS TO THE SOCIO- CC[.1TRALELKMENfS OF TIm C01\I!\nr'\ITŒS. TIn: CO\f!\l{:NITV CHARACTER AND tNVŒON\\n;,'\'TAI. RESOl'HCES. Ol~JE(,TIVE 4.11::J1bance aesthetics for all transportation facilities. POLICY 4. J ,¡ TheÍ\1PO wilJ estahlish pl'¡orrt¡(j$ for transportation enhrmccment actìvities that enhance the acsthc1ìcs. including lalHJscaping and signagc. of existing aüd propostid transportation corddoí's ¡fprivate funding. assessment!; Of other non-traditional funding sources are used fÒr maintenance m.::livÜie~. POL1C\' 4. ¡ .2 fhcMPO will work with the Florida ()epartment of Transportatiön and local govemnlcnts to minimizc landscaping maintenance C( sts and. if possible, alloc3tc savings to the construction of lfansportatjön làcilíties.. OBJECTIVE 4.2 .Minlmize minQrity and Im'v-income impacts. POLICY 4.2.1 The MPO will "vark with FDOT to implement its SodoclJJturaJ Effects (SCE) process, the proactive public invcdvement cOlnponcnt of tlK~ EtTicicnt Trm\SpOl'tiltion Decision Jlvlaking (ETD?vt) process. The ¡,,¡rO \Vm utilize the EnvironrncntaJ Screening Tool (EST) to screcn projcc!sentering Ihe LRTP fbr putentia] impacts to minority or 10\1.' inco.me conHTlunhies, 1'0 LIC\' 4.2.2 "Che !\lPOwIH appomt a Community Uaison Coordinator (CLC). who wil1 use the EST io evaluate cOlumuHlty impacts and work with ¡,DOT to receive input from minority Hnd l{)\v ir¡c:oancconmnmitlcs during th(~ plannÜlg stages of transporl¡'1lÌon projccts. 08.1 £CTIV K 4.3 !\linimizc community dísrupdon. POLlC'\{ 4.3..1 The MPO w'in consider funding for improvement altemativc.s that minimize the ctisruptìon to ex.isting and pIaf1l,t;;ù land llses. POUCY 4.3.2 The [\.lPO \vill analyze commlmity'> boundaries. land use infÖnmnion. and publk input as transportatÎon prqfccts tnovc from the LRTP stage into the prioritization process, rUE Grüup. 1m.:. .~FR\;rf{11:;;M I( .kfffl1r\:r"'('(lfhçr 1.HTP··drtC~HlCfHS;rtnBI{~(JPS?1 to; Î.k~~' ORMf'. Inc. t) A'PPfl -,-<....- Agenda Item No. 10C April 12, 2005 Page 50 of 96 OBJECTIVE 4.4 Enhance mobility and accessibiUty for ddcrly population persons with disabiHtìes and children. POLfC'{ 4.4.1 The iv1PO \vi!J identify mobiJity options that may enhance acçe~sihiJit.y {(X elderly and di<;abletÌ persons and children \vithin its planning area. POI ,ICY 4.42 The MPO. through the Loe,d Coonìinating Board for the.:: TransporlalÍon Disadvantaged. \\,,\1 \\'ork with tAl. the COlTllmmity Transportation C\JOrdinator. the Florida Departmetlt of Transportation and Jocal governmcnts to address net.xb of elderly and disabléLl perSI,)HS and children in the implcn¡cntation of tran5portatÎon projects. POLICY 4.4.3 The \1PO 'Nil1 work with CAT ami the Communit.y Transportation Coordinator to obtain funding for software programs and technology applications that can cnÌ1..mœ eftidcnt coordination between transit and pamtransH services. as \vell as inf()ffil system patrons of vehicle arrival and trave:! timc's, POLICY 4.4.4 The .\1PO. through thc Local Coordinating Boül'd for the Transportation Disadvantaged, "'\liB work \\,ith CAT and the Community Transportation C\!Ordina!Or to ensure that current transit and parammsit service levels are maintained. and tü seck incn:a:::ed funding or system dTiciencics w allo\,' t~;")r system cnhanccmen1s. OBJECTIVE 4.5 Avoid and Mínimi~e environmental impacts. POLIC't' 4.5. ¡ 'rhe MPO \viU evaluate and give JJrst con:-idcration to ÏInprovement altcrnatîvcs tl1al avoid alld rmmrnize adverse impHcis to env¡nmmenta11y sensitive Jands \vhcn considering thc need to add C3PHCÜy to ¡he rnmspol1ation network. POLlC)' 4,5,2 rhc !\WO yvìl¡ actively partIcipate in tbe LTD!v1 process by impJemcl1ting ETDl\fs planning screen t{1T projects that are to be considered Cor capacity improvements in the adopted COST feasible LRTP. POLlCY 4.5 3 The l'víPO wil! maintain a designated ETD\'1 Coordinator and Communlty Liaison Coordinator. f)OLlC'Y 4.5.4 The !víP() wil1 cvalDatc and givc çonsíderaÜon to jmprovem~nt alternatives tl1at lnnmníze adv(:rsc~ noise impacl:', to adjaccIH lands and the impacts to air qU{!!ity when çCH1sÌ!.kring the need wader í..:apacity to the' transportation network by rctèrr.:ncing Area of Pot<:ntial Effect (APE). c-SER\<ER'puh;¡(: -J,,"; '¡Nh"c('c.Hh,:"r LPTr\d¡)~:uml':m-~f:n;1!(i{}P5:: i ! n~ ,;;t )(, DR-Mr. tne. W :\¡o 1:.~,~:.~.;r:.'!~~!,~~~.r~,_...,.,........._........_........._......,_._.. Agenda Item No. 10C April 12, 2005 Page 51 of 96 POUCY4.5.5 The M PO \vitl providc; an infrastruCÌllre that enhances the interface betwee,n motorized and non- motorized modes and the environment. POLlC'Y4.5.6 Provide j¡1fhlstructurc that enhances thc interface bet\vecl1 the tnmsportJtiol1 m~t\vork and envmmmenmJly sensitive lands. POLIC"y' 4.5.7 The J\iPO wiH \Nork with local govêrmnents and state üad fi:xkral wildlifeagenèies to identifY areas throughout Collier County where the transportation nctwork meets cllvìronmentally sensitive lands. POLICY 4.5.8 '1'he MPChvill \vork with ]ocaJ govcmmerrts ¡Ind state and federal agencies to incorporate \v¡¡dUfe uuderptisses. {k}w "\rays, and otber çnvín::mmcntaJ infraSlmGtlIrcs \vhen (k~\eJnping and designIng tmnsportatìon projects that ìnternn:~e\\·ith envìmnmcmaHy sensitive Jand$. OBJECTIV.E 4.6 Avoìd and )\'(jn ¡mize eu ltuJ'al, archeological or historicnl impacts. POLICY 4.6,] Th{~ MPO \vill evaluate and give consideratÎon to improvement alternatives {hat miOJmize adverse culturaL archeologicaJ and/Of his.torical ìmpacls, cönsjst(~tH with the prindpals cOI1t:lined in ¡he Federal'" Preserve AJ11erÍc.:;¡" prognml, and those alternatives that rnaintain the cultural iHIcgrit\' of adjacent communities, POL.JC'\' 4.6.2 The \11'0 \vìJ! encourage the development of transpOl1ation enhancement acti vitics that highlight or çnhancc ('oUier County':-; loca! heritage. GOAL 5: A SlLSTAlj'liAJH,E n~A:"iSrORrATlON SYSTE.\t THAT ,:NUANCF;s I<CONOj\UC GROWTH A:\'D A.:\'TJClPATES nEVEl.OP;VIESr OI-:::\I,<\NI>:";. OBJECTIVE 5.1 Minimizc roadway congestion. [I'OLICY 5.1,1 The MPO \Nill explore ways to ìmp!cnlcnt tnmspol'1atJOJJ demand managcmcrH (TDM) measures !hatn.:duut n:Jíancç on singk-oc¡.;upm1t vei1Ìcks. POLlC't' 5.1.2 The MPO wil! explore the feasibility of implementing park-tHide lot5 und van-pool prof,'Tams to reduce rèliance on singJe-occupam vehicles. TilE en-mI>. hlc. $LR\'·ER·þ~ h~Ú'J¡;~r'-mh·r(\i IH~r LRTP,tto\,~tnnc1H<'Fltml(i(H"S2 t I __~V_"·.W_',".W,,,,,,,.,,....,,, h""""'">"""<''''''»~''''''=-''-'''''''~'''W.'_C..__"-__.~__''''''-'--~,,__ IHU1I', Int. IT '\ppn Agenda Item No. 10C April 12, 2005 Page 52 of 96 POUC')' .5.1.3 TheMPO \,,.,il1 prepare and maintain a Congestion j\,1anagcment System {CMS} to identify loc~H¡ons of(:oogcstìo:ns and recommended improvements. POUCY 5.1.4 The rvtPO \vilJ im:lude CMS identified projections 111 the arlf1ual project priorities tQ the maximum extcnt feasíbk. OBJECTIVE 5.2 t:nhancc non-motorized and motorized aCè('SS to transit service. roucy 5.2. ¡ The MPOwill support the implementatioh 1..11' an appropriate public tnmspurtatÏon system., tQ be OpL'fatCt:.i and funded to meet the needs o[County residents and v¡siturs. OBJECTIVE 5.3 P"0010tC intcrmodal cOJUlcctivit),+ POLICY 5.3.1 The ~v!PO will eqtJu¡lte and consider improvement alternatives that enhancc intermodalJinka.ges and minimize conflicts oct\vccn transpotiatîon modes. OBJECTIVE 5.4 Provide efficient truck routes. POLlCY 5.4.1 111<: [;".IPQ will em.:ouragc the redirection of truck trafTic from lo'~aì streets to dC'signated truck routes hy\vorking with FD(JT, local jurisdictions, and enforcement agencies tü improve sit,rnage and to improve fadlittC's to make these routes more appealing for trucks. POUCY 5.4.2 The MPO will \'iork with local agencic:" to estab1ìsh indicators which \vill measure the emcicncies onruck routes throughout Colher COlmty. oß.n;':CTIVE 5.5 Reserve futurè corrid()rs, ì'ight-of-war. POLIC",' 5.5.1 ThcMPO wHl consider thc findings and <.:(mdm..îons of the Golden Gates Estates 'rransportat1011 Study and the Immoka1ee :v{ohility Study In the devdopment of the Long Range Transportation Plan (LRTP) Updates and future amendments. POUC'( 5.5.2 The MPO \-vill conduct a "hnild-out network" ~ludy to dClcrrninc rnaximum througb·Lane (,'{)ntig.uraHoI1 t{)1' arca wHds_ POLIC'{ 5.5.3 The MPO wUI cnçouragc local government jurisdictions to promote development projects which consider donation or reSDfvatìüI1 of right-or"w'ay to support upcoming transportation ímprovcm(:nts, nu:: Gro\1p, In,;:. ~"'''''''_·'''''_'''''·''''''''''''k_''v'·''~_'''·'''''~·'·~ DRMf'. [nt. 12 '\PI ~'SERVER\f'u-hljc-c-Jl'nmferCn!li~,:r- LR Tr).:hx<ul11~rn~Ti!;t¡th~{)PS:~ 1.1 05.¡Jo~: Agenda Item No. 1 DC April 12, 2005 Page 53 of 96 POLJC'r' 5.5.4 'rhe j\;1PO wiB work with ¡oç·al governm¡;:nt juri$d¡çtìQn~ to devc)op loca] ríght-o :'way nœds and preservation ordin.ançcs based on the adopted LR'ff> and !oeu] èomprcheusîvè plans. OB,JECTIVE 5.6 Promote livable and sustainable communities. POLICY 5.6.1 The MPO \viU sc¡"¡'c as a clearinghouse tòr infonnaÜoo about community design techniquc:s that will bencHt ColJicr County's oV'cmli transportation nCf\vork. pour)' 5.6.2 'l'he!\lPO \vill work with its member governments to ensure thm the long te1'111 transportation po] icy i mpacfs of their I and dcvdopmçnt policies are cÜl!sidered and ultimately addressed. POLlCY 5.6.3 The ~v1PO \Vm work \,\'it¡' Jocal governments to develop ordinances that require an m~\'" and redeV'eloprnent projects consider dJtérnaHvc modes and "smart growih" design techniques, POLJCì' :5.6.4 'rhe .\-lPO ,viU work with the Sçhoo! District .of Co[Ji<;T County and local govermnùiliS to devc!op pathway and land use patterns that maximize school aççess iiJr children on bîcyclcs and (boL rccclgnizíng thm n\.~ighborhood strcets and pathways play' an important role in the S\)cial interaction and dcvdopmcnt of our communitìe~L GOAL (); A TR.\NSPORL\TION S·fSTE,\1'Jll.AT :\1J\XI\UZES INTJ~UJGF:NT TRANSf>ORTAnON SVSTEj'l'lS (ITS} 'rECHNOL()GIJ~S. OB.JECTfVE 6..1 )\'1inimizc life-cycle t~osts of infrastructure. rouc)' 6.1.1 The 1viPO ,viII ím:orporatc lítt:·cyclc CÙ:Sts I<,r the maimcnancc and operations of roadways. bicycle/pedestrian fliciJities and landscaping projects in tbe cvahmtiofl of transportation ;dtema!jves and the g~neral planning oflhe area's Lransportation nct\vork. OB.rECTfVE 6.2 Improve systcrfl eft1cicucy and reliability. POUC'r' 6.2. J Thet\JPO wìll expf.ore the fc¡tsihi1ity üf implememing various transportation system managcH1tmt (I'S1\1} and transportatiün demand Managcrnent (TDtv1) rneaS1..H'CS to enhance the use and efficiency of existing f'üad\vays. POLICY 6.2.2 ThetvfPO wí!J explore the JeasibiWy of implemenLing Vit.r10tlS fntdlig¡,,~!)t Tralls¡)ortation System (rl'S) initiativcs that arecom;íslenl with State Hl1d Regional ITS architectures. 18£ Groltf). Inc. )Hi\ I', Inc. ··_·__"_____·"'...,.'__.._..........,">...,,"W<.->""""'-"""""'_""""""'.,~»_''''''''''...''''''''''N.,.,<~__--. <'.SLR VI·: R;rn1hl I( -,j0nnlt(T(·d¡!.~~T tJ(lF,,¡j('çum\~l~( l'u..:.K;OPSZl tfjS.dut' 13 '\ppn Agenda Item NO.1 OC April 12, 2005 Page 54 of 96 OB.JECTlVF. 6.3 Rcduce roadway congestion. POLICY 6.3.! 'J'hç \1PO wilJ explorc the feasibility of implementing transportation demand management rnJ\1} measures to reduce rdiance on singk-occupant vehicles, POLlCY 6.3.2 The 1\1 PO wiil explore the fcasibi 11ty of ¡¡nplementing park-n-ride lots and van-pool programs [0 reduce reliance on singk-on:up:mt vehicles. POLICY 0,3.3 Thc\1PO w¡)J prepare and maintain a Congestion Managenu:nt System (C\'IS) to identify locations of congcslÍons and recommended improvements. POLJC,' 6.3.4 '['he \11'0 win indude CMS idcntified projections !It tbe annual project priorìties to the maximum extent feasible. OBJECTIVE 6.4 Efficiently routc trame to aJternate route and divert around congested corridors or incidents. POLfCY 6.4. I 'rhl~ !v1PO \\'jU \vork with lüca]go\.'cmmcnts and FDOT to assess the í3bU¡ty to incorporate tL \ve:h bused mCidcnt manage-ment system to assist commuters. POLlC)' 6.4.2 Tbe !\1PO \\'ill work with loca] governments and the F[)OT 10 assess the feasihdity of using variable message signs and utht'r 1.!1temati\'cs to assist in diversion of tn¡fflc around incidents ür cong.c~t ì on. OEUECTIVE 6.5 Reduce peak (,Ofl~(·stíon. rouc')' 6.5, I 111t' ivlPO win pmac¡ive1y C'I1cmJragc alwrnate 'work schedu]es and tdccommu1Ìng as mèlhods of redtH.:íng peak congestion. POL1C\' 6.5.2 \\ïl1.:~n,'approprìate. ~he MPO w¡U cnsure that peak LOS is considered as \vcJ! as daìJy for the prìt)ritínuÎon nf capacity cnl\tmccm(~nts, TDM. and ITS cfforts_ POLICY 6.5.3 The MPO wül consídl':r the opportU!1l!y to fund and create <.:omrnutcr services rcsources t()r the hlrgcr employers in the (~ollnty. rut Grollp, In<'. OR'-IP.lrlc. T _~.__~~_~,_",-.-..>"",_,_,_,_~,._,µ_,_"""",.,"".....,.,._.",,,',""M_'~""'''''''''^_W'__W''''~__'_ __~___.",~".,."~".",,_,,,,"""_'~'",,"h'X-'«"""" . - S[,I{\,'.r]{'{,uhhç-,Jt:'i1~U-r::,:<,·C~d!H'::1 LR 'rp"dp;: IJH:¡~nh- fa~~)¡Gnr5 ::1 !~ 5 (koe 14 Agenda Item No. 10C April 12, 2005 Page 55 of 96 OBJECTIVE 6.6 IncrenSé rtlixed-usc densities along transit corridors. POUCY 6.6.1 The J\i PO \vili cncourage tocal jurisdictions to cünsidt..:f mmsit issues in their l<md use planning programs. POUCY 6,6..1 n,e 7viPO \,1':iU u.se its resources as a clearinghouse of transportation data to iH.i,sist in the:s:e p!annîngprogTIun.s \vhere feasible. GOAL 7: A TRANSl'ORTATIONSYSTEMTHAT IS FI....-\.NCIALL\rK.\SfßLE. OB.JECTIVE 7.1 Identify opportunities of alternative funding sources. POUC'{ 7. I.! The f\..1PO wiJl identifY needed n:vcm.ws to support the: 2030 Needs ASSCSSH1Cnt, and identify n.mding üptions to address<ìf1'y deficiencies. pouc'}' 7.1.2 The \.fPOwiU actively' idcnttfy, cv.:~¡uate and consider improvement altt..'ITlatives and funding initiatives that prmnolc the use ofjoìnt public/private participation. on,rf:C...1VE 7.2 Maximize the return on Federal and Statè funds. POLIC)' 7.2. ¡ The MPO will \"tork Through local offkials. state and fè(]en1 repref>enlatlve~ to increas.e the gas tax revenues returnc<.i to the area. OBJECTIVE 1.3 1''1aximb:e existing funding sources. P()!JCY 7.3.1 'fhe MP() win encourage FDcTr to program rcgimmtly sígni11cat1t projects. to thc extent possible. The MPO 'wHJ recommend thaI Strmcgk Intennodal System (5IS) Ü1Cilhies t(1ceivc only SIS funding, to ensurc that other regional roadways receive discretionary funding. POLICY 7.3.2 The 1'v1PO \víìl ~xplore the pos:.¡ibiJity of using thc Lncal Agency Program (LAP) or other progrmns with discretionary funding to m¡,¡xlmÎzeits transportation prioritios. POLICY 7.33 ll)e ~{PO \viIl actively rC\'¡e'.v slate and f(~deral funding p1'Ogram$ and detenníne their applicability fÓr funding the 1\1 PO' s príorÜies. TI~EEr,?~p~.~~!~i:": ,-,,,.., "··-·'~"""'''''''''·'.·.''VA",."_,,, W""""'·~··"'''~^'·'·^_''"'·''''''''''''_'._WA''''''''''~'''''''______.__._.~._.._ ORM P. IlIc. IS i\ppn ,SERVFíLpHblh~ Jcnn¡krColh'¡'j l.RTV(\>:'<\lml'n1s.FH\:\¡GC)J'$~ì IIX",k', -'~'-_._,,,."-""""-' " ",^---.,., 'A''''-''''_",- Agenda Item No. 10C April 12, 2005 Page 56 of 96 GOAL 8: A TRANSl'ORTA'I'lON SYSTEM THAT IS COQRbl:'\Anm TIIROUGII [,qCAL,R~~GIONAL. A;,\;B STATE AGENCH<.S ANt> iMSEU ON EFFE(:TIV¡': I\TEGRATlO' OF TR.-\NSI'ORTATION, LAN) FSE, CONSERVATION A:"iD SMART GROWTH PLANNING. OBJECTIVE 8.1 Coordînate transportation and land use phmnùlg. POLICY 8.1.1 Thetv1PO \'án~vaiuate land use decisions of ulember )o(:ül gove11lments and adjacent lncal gQvemrl1cnts \vith respect to the impacts suçh dedsions may hove on the Long~Range Transportation Pian (LRTP) and Transportation Impruvement Program (TIP). POLICY 8.1.2 TheMPO wil1 c{H1sÜk>r imprüvcrllcnt aJtcmatives that minÎ1llÌLc the distuption to existing and planned land uses. POUCY8.1.3 Roadway improvements tbat are proposed for inclusion in the 2030 LKfP NecdsP!an\viU he submitted tòr rcvkv..' by! participant agencies in the Efficient Transportation Decision !\'1aking (ETDM) process, Tht MPO will work with FDOT to ensure that agency comments are nddrc$scd It) tÌ1ccxtt.'rtt icasible 111 the year! y ti.na! priority list OBJECTIVE 8.2 Coordinate local and regional planning. POLICY S.2. r ~rhc MPO wil! utilize a Technical Cüordinating Committee. including representatives of FDOT and othcr jurh;dict1cm and !\,1POs in adjüct..11t cmlntÎCs, to coordinate the development of the Long-Range Transportation Phm Update and future amLmdments, POLICY 82,2 'fheMPO will cva!ualc th(~ expanding need f{)f ¡meH~ounty and ìntcr~regional t11cility connections tbmw'ill SUPPOl1 [he inter-local and rcgional travel d<''1mmds. OB.JF:CTIV£ 8.~ f'acUitatc intcrmodal conncctions. POLlC'{ 8.3.! Thç 1vfPO wíU \vmk with FDOT to prwntlze funding on the S18. The MPO will enç(nrrö.ge FDOT to fund 1hose SIS projects \'I/hich \vil! strengthen connections between modes. OB.JE~:TIVE 8.4 J\laximlzc co[)n~<:tìons between ndjaccJ1t land l1scs. POLICY 8.4. I The MPO will evaluate and consider the need fi)r maximizing access to major travel destinations. activity C{,,11t(~rS, ;;,md puoHe facilities inside and outside thc County. Tim GrQ!I J.loc. PRM P. Inc. ~---.... 16 }\~ "SER VERp"bhc J"t:!!Hh;1".Culli1.1 LR!I'"h'cum"'H> .hnaIGOPS::! II·n5.J.x Agenda Item No. 10C April 12, 2005 Page 57 of 96 POLICY 804.2 The MPO will rccomlncnd that çonsidcraliorJ of aJtemative transportation modes and "smart growth" design techniques are required in the loi;.:ai devçJopmeJ1t revievv prncc$$. OBJECTIVE 8.5 Appty intennodal land use planning tCthfiiqu~s. POLICY 8.5, I The MPO win evaluate and consider the need fhr Î.mproving ac(.:e:ss to intGnnodaJ transf'cr IJ()int$, -'Such as airpons. OBJE,CTIVE 8.6 Apply enhanced acecss nuuulgcmcnt standards and strategies in corridors of regional si~nmcance. POLIC\' K6.1 The ¡"','lPO ,,,·m ideriìiJ}' cOtTídors of regional signifkance in whichennanced access management strategic:,; (}1' str:it.:ter standards nmy a¡ eviatc (.'.()n<:C1"ru; for safcty and congestion management. POLICY 8.6.2 The t\'1POs. \vi!] encourage tbç app]ìç:nion of access management standards and strategies tü these corridors through (~oordinatìon with loca] jurisdictions. On,JJ;X:TIVE: 8.7 })rovide a coordinated and consistent transportation system PCHJCY g.7.1 TheMPO wilI function as the pdrnary ì.x)ordjnawr f()r transportation issues throughout Collier County. POLiCY 8.7.2 TheMPO will ensure that tÌ1e transportation system 1:-; consistent and ¡:(~ordinated bv Ìmplêmenting thçse Goab, ObjœtívC's. and Policies though quantífiable mCU$;ures of effcctiv(;:ncss. }~!!!:g!~:~~.e~_~~.:"._.._..._..___.._.____.. S£R\'ER';r~)hfí("-,krüti «~fC ôih(:L,RTPû 0< 'j;nl;::A~~<zs.-rì ncs l(ìOPS';: 1 ~ ti;5 xfo..~ f) R:\t I>, Inc. __·~_~=_"~;·"""W"'··"_"",,,_"""~·"A_·_'_""''''___ 17 ,/\"ppn ---._---.._---...."'.."..~'^- Agenda Item No.1 OC April 12, 2005 Page 58 of 96 SECTION 4 I\dvertisement for Workshop/Project Agenda Item No. 10C April 12, 2005 Page 59 of 96 Advcrtisement for Workshop/Project The pub1îc inf<mì1lltiüJl workshop was adv'~rtìsed in the Naples J)ai~v A;(,H~5 on February :1, 2005 as a LA-page legal display ad, Ncwspapúr articles about the project nm in the iVaplcs Slur Times fúr the \vcck of February J 6. 2005 and in the .Naplcs DOl/v :\ieH'S on ~/lr1rdl ] 7, 2005, A copy of the legal display ad. the press release and the nevvspapcr lllticlcs f(.llúw. "ii\f·fE;'. }.1;\JI_", ~:F\\'~. f"·.¡t+j~,::{ [},'U¡" ~-'¿-M,!k~;, ;'t ::_,¡ 1(:: /\Jfìdavjt of Publication Slat< of !Jonda I) ( C>_,.. ~ Jit.::T -''1::~:L' ",t: ~L:. 'W'~;,:::;;ii:1:: (i.~:::,::~~~;:~~ ~::E:~,~~!'i,' i'¢' ~:,:,~:.' ¡. l:i'.1!A(,',f)~:(¡ .:'; f'.¡a_A,;-." ¡:;¡ (:',:<;:J'~ dp ':::-¡f{:;': ;í;r.<: W. .:h¡¡h 'hü"~<b if: ('~~'!~I>:l ;UL' i ..(;:~ ;;'OH :Itlt!...::i F!nrrd;:1 '.d' 12-1<': ; d\:.:~·:~;;'¡:r;~ b:;;:~Q;: i;'~- ~~~t~~:jj;.J ~··'i·:;· ~',:n¡) ';-.: ì~,L L'! ,b~- ~H,:<;(; ,» ;F': '"'" ., '1~_ j':i¡¡-' <~:N:', -;"I,d '~f/:':.<·"r;;"f::t:~- ~H\'¡;: .,": ,,~, to;, ;:-:¡ ,"C;:<flU.iY .'::-;1 1U{'S "';::·Ù,"',;I"'". ~ ~ i ~:':5 < eL'jj:"LLt:;~~ync£' ~mNo.10C April 12, 2005 Page 60 of 96 EUBl,.jC INFORMATION WORKSHOP Colliér County Metropolitan Planning Organization Long Range Transportation Plan Update Tho Ccc!if.!t County M"tropQI;Jan P1R'îf'ing Orga!"¡la~icn I.MPO¡ wi\! ~-,o5t ¡¡ pUDÚt ¡nfc!""!"~å)t-C() I/tö(KSt':,C'p 10 k.;(:k-aif me 2Q:3Q Long Ra.1w~e- irn,.;-:)pû'1.~tkH\ PIDn íLRT?¡ \..Ipool<). T~i5 wor,¡sho¡:; w,\1 be holCl ¡m", 5,,7 p.m. ç,."I TUg$(!fl'{. i'~'br"""'" ¡t, 2005 .11 Oaknbge Mlddl;¡ School. 14975 CelLi'!f ß;),JIt",'¡ :t;;, N\1p1a~, F¡or'rj¡j .. Thè_..w.o[!ç$hØ.ILWllLlaLÇ.Q(1( I;iÇlm1hì..\I.D.~QP.i!!lJ::! p.IUl9: fotmlll toI1L~:;t~,- .PuÞJ.i.Q,J:cmrno.ntWiltÞ..P .IiQ¡¡çnQ1Ì.l!ndp~m!lliìillíoo l,!:.oo<:;'Q.\Jmgjtd., CoWer C()<Jrlty C<>"~mia'JIoI)"'rs f"4Jy ~19C1 bO'f\ atlðr1dJ\nœ 0\ ~h¡5 pt~b¡¡c ;,"1o'rma1IDn workSt¡-f,¡C^ 7'Y'o-fJ-,M PO ,& In thÐ prC\~s 01 CC"CLlC~¡¡-;,;] u l(t'"'î.e'J,, a:-td L:pcutð Qf th~~ l.RTP ar-d is lC'.::1kjrW; for c:amrn'Jni!)' i\"'~þu1 to haJp $t"a.P~ 30d ,;:)uiÖfJ ~t"Ùdü....(;10?m'?{lt of tra»,;:~po~~Htcrl tr: C1,n¡i,r C<:.\ur-ty. \\'(, ¡r.\li1~ tt1e P;.;t7¡~¢ tt;:¡ par~j¢:pate- in l!'!;:¡ -;Þ):va1C~~1'10D~ prr)r;!)~~~'M ~r'þrr~?.':ofi ,\1~f~5t are. _c~{'·.gç$t~d ä:"eaf-, thu n~ for- Q;(f)ftJ)oetf 01 ne-w r-w~'Jway~, tþryy^do ànd ped':"!~1wHë ~BI.~¡díeS 20nti ~>::~'ì$;(':n af ~rars:t !;BI"'.':t.fj5. 'The þutJHc~'ìl! nlp;.:J DO at!!C t~ r;..jmmént tXi ~1'\6 dr~~~ g.ca~ii I Qb/'t>.'*::t("e~ J/':ð fX)lir.::':';-::1 ç~ tne LRTP U pd~o fh-e t,;~fd:1Ú,~d LH:Tp·· must PS t:c",plti100 1:;,. (X>(;embel :?O:JS ~mlT:iO~t:ùeB R<:. I \ 1 , Vi\K1Klqo Vd'::~-S'C~J!l¡) -·11 't (19 n. t'AJdi(1f b¡'¡C: N;,,~¡¡e9 î< N !-~Þ"....r..:,í~~ Of ~¡-;t.1":i sv~ft- C '~1$-~ :".:J!,,!:'?tGC" :£~p ~5 ~ if. Pubiiç oforl11:~t;Of1 Wc;*~hop OíJ~~~ 1U.2,&d~;)', rebr\¡~ìry B, 200S ,. ìœ",~~; ~}' 7 p,m. Plil<:€' O,a1:Jidga MMdf;:o S>:hoüt WJ75 Cp¡:¡« Boufcvard Nap~5. fiorÜt1 ~:t~c.. *Zl~,~:,,_.~_ ""'*"'-fone rH1:ttlJj!' Q :¡p(H~ia; a<:,^~~'!":~~ da~~or.$ !Jf"':jt!::- H16 Amer~oQß.'ii w4h Diß...1b!!itie-s k.~ Of t990 :·:It·' hli.~d c;ontEr.;~ -Kr-ß 'C-eH-rt 'a1 K{À'¡!I~tit':oan-ih4.e c.r ;.111,0'16 .:?39-2,3i ·10/1 ttn!i fre-e 1--677<-4961075,- tt you '\Þ...",e qUi!ætio\"J$ abcvl ih~ pr~:JðC:t or ?¡ik~) !r:10!TTta~~ç\n fY1cr to· tt1ewc'~kshc.o, ú('A",taC: ~-,~:¿.. ~lIa. YC1.ii' ot1~r~dal"(:,B at ~ 'V:~ pubh:~: ¡ntO':-- n);1~¡on WG4k.!"--,,~C;¡ ¡~ ~rÇ...':!:u-~nJf,lßd ~ct 'iK',y -:~¡nìmêi'"1t$~HOCe \.*i'ill b~ ¡rc~ud&è -¡Ii H'¡;!í ctc;ií:ìt~ tl~CorC ,«Cf.BTPw.\"t, ~~.~~i:WI~.\ ~.!~~'j"!.... ~~ Agenda Item No. 10C April 12, 2005 e 61 of 96 Collier County Government Metropolitan Planning Organization 2885 Horseshoe Drive Naples, FL 34104 (239) 174~8192 Feb.4,2005 Contact: Eileen Webster, Planning Technician (239) 774-8192 FOR IM1VŒIlIATE RELEASE Public 1nformation Workshop to Kick-Off the Collier County 2030 Long Range Transportation Plan Update Tuesday., Feb. a 5-7 p..m. (Open House) Oakridge Middle School 14975 ColUer Boulevard Naples Come Give Us Your Ideas on Collier County's Future Transportation Systemf Collier County is in the midst of an exciting time in transportation pJannlng a.nd development The Metropolitan Planning Organization (MPO) is ìn the process of conducting a review and update of the Long Range Transportation Plan (LRTP) and is looking for your input to help shape and guide the development of our transportation system for future generations in Southwest Florida. The updated LRTP must be completed by December 2005. so now is the time to get involved! The goal of the plan. is to encourage and promote safe and efficient management, operation and development of transportation systems that will serve the mobiHty needs of the people and businesses of Gollier County and Southwest Florida, In addition, ¡tis expected that the LRTP will foster economic growth and development within and throughout the area. while minimizing environmental, social and cultural impacts. The LRTP will pave the way for providing guidance for transportation planning for the next 30 years. The Long Range Transportation Plan is more than just planning for future roadway improvements. Do you take the bus. ride a bike or like to walk? Do YOll own a business and want to reduce your delivery times? The process for developing the plan will consider aU types of transportation modes. On Tuesday, Feb. 8, 2005, the Collier County MPO will host a public information workshop to kick. off the 2030 Long Range Transportation Plan (LRTP) Update, Come tell the project team about congested areas.. needs for expanded or new roadways, bicycle and pedestrian facilities, expansion of transit services.. and comment on the draft goals, objectives and policìes. This is an open house so stop by anytime between 5 p.m. and 7 p.m. to ask questions and talk one-on-one with members of the LRTP team. Come see what this Îs all about! -3U- ..... - - - --, Collier County wants your ideas about new roads \~+ ~o\?) lle 'JÌli 5, FrG!1cI' W """' j j~: . :CJl!:t piJt\ing hou:,.mg d,¡o\ "¢Iop· ¡r,çnl:, in, ;md '.n~ don't know htn' 11\, going w 1:1.' n¡mdkÜ:' w\)rr1ed Deb Simpsün ofNapJe:s ç<i, L;Ü;e~ C1':¡;olrv Club, 31> she drew in J PW- "'" ¡tN, cd ht:h\v;¡y p;m,dlel to S,R, 951 onto:a ~ Il1~Hì, -~-~ 'Sk:;p:sür~ and alx)ut 50 oLh.t:r county n..~Úk~1-1!$ ,-;.;:j ~.() UK the Coiht~r (~olHHyr\'h:~J')PQlit2.n Plan" .¡v..o".., nir:.Q. (:rr~irÜ7Jt1.l1n (\·11J()~1 at i.~ Vt:qrd Fcb~ ~ ì\Jt~J thc,' '..v~.,' invited tü \1jve their ideas ,H1<1 sug, gÇŠUOHi <lb¡)ut roads.~ìmr:r5eçíj(\ns. bUSf;¿, m;~i ~ "~Hl~.'~vð~k~. 1 l"\ 'J I :.:) ':0 f'~ '.J''' ~ '$::: .... C :::> \...,!', The 1\'11'0 held the (irs: of ¡[¡fee public ìnformútic.n "WockshoDS ;:,! (}¡¡krÎi.hz\: Middle Sdwol lc g';'! c¡,izcn'~' input Of; th~~ ir Long R2.ngt' Tr~:;s:p()r1anvn Pian Update tlX they>;:ar :2Ü3Ù·l lit pla;\ mUST he ",!pda:ed en:~; five :,;'.t;,,:ar~~. ßnd ih~ ç~'unty \;.."3:1îtS r~sîde:nt:S~ ¡urn!. regardir"¡g rr-oblen1L.orddors. ~nr~rSCç'ÜtH1:5-. bu:, rOlltes, as \vell <1:" \vh·:n: sidewalks are nc.;dt::d The infomidLÌ¡;-.n wm c\'enmaJJy be n;h\)'ed to tIll' ('OUIt!:' Commission, RzsidC'nt5 \v,er~ ~:recleri b\¡ n questi~)nna-tre. a itri~s ()f posrcr-5i'žcd ~öunìy maps, and \::01- ()tTul sÜck-œ: dÜ15. Asked wInch roads and m:e;:;,tcÜons the.y thtrtlgj¡t V\t(;,-r{~ the most con- ¡1tslê{i. :li31ì\ attendees srud: doL.;; on the fol· ]'~\"l·Hr 1· ~·l'·;c'·'·11"··"'';;· '.'''' >~t·· ''''7'-'''~''''. ,..L.,.,. _.""' . Immo,;alt.':C n:3"; al !-.';) . lrnlTIokaicc rO;'5d at L·j\;'iüg$~Ol~ Rriad 'S,FL 951 at Radio Road ·"....1 :..~ r:::... ~ c: '- ~. sf ~ \..t:' COl'1lÌ!\ued on ?age 7: ROAJ)S ,,' ROADS ~--,--<:-,-",-,-,---,--"^",,,,--, __A'_'~"' Con!!lmcd from page 1 . S,I( 951 at 1·75 'This :8 where 11 all starts," said Kris (;eIJs Dfthe public kick- off meetjm~, "We'n:-h(;T'c to give P~i)ph: infhrmnnûn rolhat the-i ~"!m1d the process:' émí!¡~ued Cella, CEO of CdJa & A¡;soci¡¡u-"g, pub· lici [JVO! vemcnl (;ó!1SIIJlants to the county. Shç wc:nt tm to $a)' that roads j uz;;t. d()ü '{ sho\v up at the whí~l of deveJo¡x."T" - they ille planoctL If sorm:ünc is planning to buy a hQw~(;, Ib, t.;X'l]'lpJe, thcy need to know wlm1 rouds ..rc bdn~ plamlcd für that neighbo.rltLJo.l. and these pub!lemcc1ings arc a gO{'IÖ place !() sl'I1"!, "By the: (;od üftht: )'ear. there will be TI"'·W JUles <IT! thcse ;11t{p.i We're trying to get peüpl~ Înler- estcdand involved:' she said, Charles Barmby, Principal PJannèt for !h(~ MPO. cn¢Ollr- aged residents to organize into neighborhood groups, s.aying he would be glad tt) come out and talk to !hC~1 ()!)Ç 00 one. "'\le're at the beginning Qf s very long procts¡.;.. ~irs å blank 51ß.tl~, ;Hld we wanl 10 hear from cverybody," Banuby ::;aid, The count\' wÎJJ Ì10Jd it." next pub1íc worksímp in the ¡¡pong.. J n tltl: mC;1fttímc. rC$klt.':r¡!$ cån n!l'er 1 hdr su'ggesl i ÓÍJsW rhe tl.1PO by fi \ling out [t quC£.tion- ûaire on the MN)'s Web sile: w""wCollk-rLRTP,net Agenda Item No, 1 DC April 12, 2005 Page 62 of 96 " N<1pJes Daily News; New& "."- Front page ('lassiti~~d Subscrihe now r;:} :\\.'ws Po!ì,:;.... ßC-iU Bonita !\1 an.: l! II tlme.¡m: {'orrectì(\r1S VJarço Eagk Bnl1Î1a Banner Spcçì~¡1 Seclìolls l::Q:a)' An.:hí\e Sites !"~;r:'¡ {($ j'\(!'tI ~., ç{>rn L?O~Htrin'C·i<~i.f;. (>:"HH· '''t1¿ln:: ¡:\q e~·'~:;,.(Gn\ Registration ~?gI11 SJ9D"Uf{ H F,~-v~Tlg .rr.9Y,Þ1.e? Sections /~,tn tVí?'n::c l\t H(j?,T1~:: dCíl-¡¡~d E;/Jn~¡:{;,r d~lS r;'! &~s'\ C~a'})s ;~'~ed i~J~:CL§~! ;;h::nÜ;1 ~'h.lrfiC3::Yìe ~ú5 _OCð \l2tn:c ¿~ç¡íe --"-~'.' --...-..,..,...... --,." N';;.:I P'Q ¡;·:ta n :J'::f"SP8C¡I'.'¡:~ P(diç:f:ße/¡t 1l!B1V F5ts te :-j(d n F~e ~5 St\drd> If Its EXGeptionalJ It's At Yamron, g~ ;¡ Agenda IRna<NlJ.ctt April 12, 2005 Page 63 of 96 ~'<ifZ1i~Lf'\iJtê~ PRIX! THIS STOI~Y ¡ E-M/\.IL THIS SJ'QR \( County, Golden Gate Estates look at future transportation needs ~'.~"._V_'V>--'^·____"_~A~V_ p "C1.ASSIAE c ¡¡ ,:1, HNill 1< Ail CI;¡U¡fJ0( Click HH@ To: J\d 1¡1 Pf!!1t Ar ":t~A'I'.·S ¡ Brc.w'$ó TOD, Sjr By DIANNA SJ\frrn. dl!lf!J itll@;')t\pl,çsnc\"'i.,COl11 ¡"larch t 7. 2005 Michd Fortier/Staff o Site Extras nle;//C: 'Documenlsl).it20and%,20ScttingsUcnn\Loca} (1;f¡]~USctli ngs\T cmp',N apJes~i;)20Daìi YV¡Í¡. " J/22/2005 Commuters back up ft:) ' severälmiles on Imrnokaiec Road on V.,.' ednesday evening, stacked up due to the Wî!son Boulevard tratlic signaL Lights at Oil \VeU Road, \\/ilsün Bm¡ evard and RandaH Boulevard fbrc~ long deìa).is during' the Th.c county's population is about 30(},OOO, but _ _ hy the lime 2030 ml!$ around, that numÌJcr is rnorning hours. expected to reach 600,000. Charles Bamlby, direçtor ofth,~ Comer I'vfetropüliti.lJ1 Phmning Orgünì7.åtion, said most nftho'fc ne\1,'C0111ers win Iî...·c in the Estates, a section ofCoUierv,'hcrc many moved years ago to live mon.~ (¡fa peaceful. eOurltrYAypc öflifc, (¡olden Gate Eslates might be jW)t a bcdroom (~or1'lmuníty tucked in the middle of woods and swarnps. but, as CoUier County oftkia]s see it, it's going to turn into CH1C gigantic neighborhood. They W(lot residents to be prepared. The GoWen Gate Estalésf\rea Civic AS$od.afÌon asked Bam1by and other county ofHcial5< spocializingin trans Joltatloo to join the group of Inot'" than 60 \V c:dnúsdáy night to cl·ear up rumors circulating about just how had the traffic IS going to get. But after listening to them splY<ik ft) ' ab·üut an hout', an some rcsid(:nts heard was how congested it IS going [0 be 111CWe than 20 years li·om now. "'Idonlt car(~ about 2030. I'll be de~ld then, I' Vernon Burton said aJì;cr leaving the meeting early. It I came out here to talk ahout Everglades and 00k10n Gme Bouh~\!al'd, rln ,.vaÜing in line too damn long. !I The area is iniarnous for long traHic 1ir\(.~s because the f()ur~\vay ìnterseçtìol1 docs.n't have 11 stop light. Hunan s.aid the traffic at that interseClion C:lUS;CS him to spend !11(m: than 40 minutes. in the car to travel to the grocer}' store. Napies Daily Ne\-vs: News Agenda I~¢I.IÔ. <.'1fJt April 12, 2005 Page 64 of 96 $¡K~\~~i(~tj~C S¡)t2'-ft.:; :St::;c_k~ P;~\9 (~ Tit:::es Tr::1':.'-("!' '~J(1I-srt-'l \'\' !^~dt h>;~r '{~,i<:;U~:~:tj!:'l \j Local Events ;-QÇ~' even,~::- '''i ~'d 111 ~:<T~!:i' "-'-J:O\.f!f? ¡IS_~inqs For Fun (CTnny,}tnty C,"'(:'.i::s'~~"ur;.j Cúrntcs CaDt4_~Y _;·n9~'Js H Crn}S~>:: p"~S L-:17..ëJ2 r\,- ~re:;t,: '::5' EQ::t.C_3,"0.<'; S0¿!PS jV ^,~';;til-':qs '('/(!,rf1 S l:i.1n: h About Us (,~c-pyr"qht ,-..\Q feec:,tð:ck U::t't'ZfS. rc\ :cy :;tðn ,j;t"'e-ct-~·!·y Services ,:I¡rchiv·:':'~_;.; I~ F 't{!f~? ~)eatn notcoes i-:-!:':'P i/·rnb::' Etcetera: AP's .Th~; Wire:. nh~ to;:! Ap... . .. stOf1:es ''' - frCd'l' ttH2 ß;'55Ü(J¿.¡ted PrESS, A,rdio ¡,¡pó¡¡te: 'I',.: h()w'" iijii ift top news _ Jive ~n fVWiAur),,: Awards: ,j,èô Daily ~\ News' 'Neb :S!i S1tC' ht1~+ Mar)! .10 \VoJckcho\'.'skL \vho lives olT of DeSoto Boulevard. said it lakes her :~O minutes to drlvc two mi!cs because of the backed-up intersection. "They're going to have to do something," \\tojc¡t~(;hO\vsk¡ snid. "ll t8n be crazy. " Residents like \\iojcicdwws.ki wouid like to see a 11C\'': intcrchtmgc at Everglades Boulcvard along the J(}ftion of Jnterstat(;' 75 kmn....n as Alligator Alky. They 5;)}' the nc\V interchange ,,'.'ilI relieve tmffic congestion Oil the few roads that aJ\(1\\' residents to travc1 into Naples. The primary cast-wcst routes between Golden Gat(: !:states and the :-~ap1cs area arc Golden Gale Boulevard t~\ Collier Boukvard. and Immukalee Road. Roh and lím~ny Kreisman said tbey came tü the ll1Ccting hoping to learn w'hcn tÌw cŒlslmctlO!1 win stop, The (:{1Upíc moved to the Estales six months ago ,md they're starting to regret it "This morning it took me a little 0\\.'1' an bout' to go 2 ¡ miks." Tiffany Kreisman saiD. "~It's gotten worse slnce we moved here, It's stressfuL" County Trzmsp0l1ation Admmistrator Norm Feder $üid 1,600 homes. were buílt En the: Estates last year. That number win keep gtO\Vin g,. \\hich is why he said the area should soon consider aHO\..-jog more commercial development to movc to tbe area. "\Vhcrc is evcrybody" in the Estates going to '.vork. shop and rC(.1'catc?" Feder said. "Th(: higgest issue 1S what is east of 951 gomg to look Jike \vhen it gro\vs up." \VojcjechGwski and Burto!} said they wouldn't mind commercial development in the l~statL:S beçausc they know the arCi1 wiHcvcntuaHy have TO have it. But Burton's main (;onc..~rn is utilities because he said not cv{.'rylhingwiU be able tü ()p~rate on septic ti~nks and ....elk "'rbey better bring ulì¡¡t¡e~ out here," he said, WE CAN H YOu. FEEL OPT1MIST1 ABOUT YC RE11REME I' t..e~ mel getacMœ rut: j HrMJtclAl AI) I Î 3 ."3 Sile ¿>:Has t1 k:/ C :'D(1cl!m(~nts'j'û2 Oanœ~'¡,2 os cttìng.sJ em) Lnea]G·i¡20Sctti ngi,T cmp\ N apl c.s'~'(120Dai I yO;ÎJ.., 31222005 Agenda Item No. 10C April 12, 2005 Page 65 of 96 SECTION 5 Small Community Group Presentations .- i""1i "'<~'t ~'~6t~.,.,tb. ¡io-..t~ Agenda Item No.1 DC April 12, 2005 Page 66 of 96 Small Communit~' Group Prcs~ntation!; In order t(1 read) OLit to 35 many organizations as possibh..\ the project learn hils made the efforl to attend smalJ meetings Ú)f srnal1 gwups such as area chambers of çürumerce and civic organizatiüns. FoHowing i:; the dYT1<i1l1ìç presentation thm ¡he team adapts to the curn.mt stage of the updall' process, Agenda Item No. 10C Aprj112,2005 Page 67 of 96 Agenda Item No. 10C April 12, 2005 Page 68 of 96 2 Agenda Item No. 10C April 12, 2005 Page 69 of 96 3 Agenda Item No. 10C April 12, 2005 Page 70 of 96 Regional Transportation Plan Lee and Collier County MPO's working on regional model MPO's jointly developed Bi-County Regional Transportation Network including: · Roadways · Transit · Pathways <4 Agenda Item No. 10C April 12, 2005 Page 71 of 96 5 .._~-_."'-'--"-- Agenda Item No. 10C April 12, 2005 Page 72 of 96 Community Approach 50 Civic Organizations i.e. RotarYj Lions1 Elks Present +Goals and Objectives· Adopted +2030 Needs Plan +2030 Financially Feasìble +Invite to Public Workshop Special Events i.e. government day at the mall Public Opinion Surveys Interactive Web Site 6 Agenda Item No. 10C April 12, 2005 Page 73 of 96 7 Agenda Item No. 10C April 12, 2005 Page 74 of 96 SEC'IION 6 Steering Conlmittee '..IITP..... ff~ .~,~ ."__,,,,," ,.. íìjŒi Agenda Item No. 1 DC April 12, 2005 Page 75 of 96 Steering Committee 111(;: Steering Committee rex the LRT'P Update nC!Í only includcs representatives of the ¡v!PO's .Advisory Cümrnìttees and local governments hut interested citizens that represent the overall socia-cultural makeup of the cOlmmmÜies of ('oUier County. Three meetings h;lve been held to date \vìth the Steering Committee. The foHowing is a list of members, sign-in sheets, agendas and minutes fbr the meetings in December 2004 and Fehruary 2005. Agenda Item No. 10e April 12, 2005 Page 76 of 96 2885 South Horseshoe Drive, Naples, FL 34104 . (239) 774·8192 . Fax (239) 774·9370 CotHer Metropolitan Planning Organizatíon Long Range Transportation Plan 2030 Update LRTP Steering Committee Mindy Idaspe LCa Transit Board 1395 Panther lane SU1te 300 NapJes, FL 34109 Karen Hom1ak 4613 Long Key Court Naples. Florida 34112 Willard Stee~e, Curator of Archives AH-TAH-THI·KI Museum Seminole Tribe of Florida HC-61. Box 21-A C!ewisîon, Florida 33440 Paul Starzyk Sunnse Community 3984 Arnold Avenue Naples. Florida 34104 Gaij Pettey Boorman Gai! Boorman & Associates 1100 5th Avenue South SUIte 201 NapJes, FL 34102 Amy K Taylor. Long Range Planner Comer County Public Schools Or Martin Luther King Administration Center 5775 Osceola Trail Naples, FL 34108 George Archibald City of Naples 295 Riverside Circle Naples, Florida 34102 Sharon Downey. Director RSVP of CoHier County Admínìstration 3301 E Tamìami Trail Naples, FL 34112 Vjad Ryzlw City of Naples 295 Riverside Circle Nap1es, Fforrda 34102 Joe Quínty Comer County Division of Transportation 2675 South Horseshoe Drive, Suite 401 Naples, Fl 34104 Ms, Patncia Spencer 5401 25th PL SW Naples, Florida 34116 Nancy Payton Florida Wildlife Federation Southwest Florida Office 2590 Golden Gate Parkway, Suite 105 Naples, FL 34105 Mr. Richard Housh 160 Seventh AVe. South Naples, Florida 34102 Liz Sucnsland· CATS 2901 County Barn Road Naples, FL 34104 Bold d:.::rM~I¡;'') n"''i;SW!~: fW':H ~;J:S! rSi;U-ì.' Hc'!, !n2.<'ftl .'«5 Steering Comm ittee Mnfft\flr~ 1~~'2Ò~~ December 1, 2004 Page 77 of96 ~ Steering Committee Sign In - Please check box if present Name [E_5º~~R~æ~~r·] 1_ E-Mail Address--l o AdamsLJC?_~~_.,.~,,_, _~~ '.~v_,~~~~~~.,_".,,,.>_.,,,,.,.,,.,.,~_.,.. ..,··,~_,c,. '''''~''_..~_.....'''_. Archibald, Georne .~,,,,~^;~.,,.-.<.~....-,,,.,,._.,~ y'.'.'..,...,...,.,...,'.-....--"<,..,--",.,.-.,.-- ,.,.ê~~C?rman, Gail Pettey._ """VW"''''''''''·''^''''''''''''''","__"_W'N",~,,,_._~m.,.~_,",~_o'_ -~."--- __ºº\A¡lP~YL§~§tOn __ ;. '7·- U." t (>' (;.7'·' ..., -' 7·-rfoj., ~~jÜ:1i!::#,]J~t;-LJ2;~~~!.tf,.,V;,,_,fl2 .. (;£"1/1,' -t: Jr'" s:.;j ~ L}Ji- ¡'1.e.'/-' T·· 1 H°r1'!!§I!s~L.,!5.êÆ!Ën " (X ;J¡:¡ - 71 cl-L,Id¿ai ~-.I£!.Kf{J.Lgl::t,~t¿t2£!LÇë:NL if ?l./ <:1IJ () ·.....,1 ¡ ,,. f ''\ '1 j (-.. { \Of ~ U r'tif¡oI.¿.N (}-,/ ¡'1/\4C. C~.~d_ ,---, LJ .,Housh, Richard _ Id?~f'~.«~:t¡[1~9,~__ o Quinty, Joe 2.1 :3 - ~,f g~? o J3X~!!V!~~1.~9._~_~____ ;.3 Spencer, Patricia._...... i;' ,(t~ ~·'~__"m'_''''''''^''''"'''''^'''.,'"'·....w.'''''"·, .v'.,.."..,."',"",,""""'-...., ~~ .::J'~€"'<Qv ""/"'o"j' T"'r' (::¿¡ t;.'~-:,_""..:" " EA!i: 4"'< '",,/ r.../€ .>; ._~._,«~...~"""_'''''~_'''_""......"''O',.<'M~,.,,'"',,.,''',,'< .,''"'.~,,,''',,..,,.,....,..~.,~.,_._,_.~_''",..,.._ n Steele WHlard ; , ", ~ ,-"..0 ,.. >''-''h'_',._" _, ''-.,' "'..'''' '""~ .,'..1~._'Nm.^.-~'., ---._~.~,'..,,~-~.,.~"'~,~._~ ^.....'".."":',"'."...,~."''',.,.',>>o"":.,,,''",,.,.._,_,.._"">^.~·",,,·.v_·:_,;~,,,,,,,^._,,_____,_---.,;.,,,,,,- _.§!.~~~!st~~YJ [J _-ªI:£chs.l~ng,~¡¡:;,..._,. D-I?y-Ior, Amy _______._ bé/3- :>-'3.3£;. 2-5('_4 s.~~-::.'t-I5_.ef!it!('!ifJ{!!.~z or}__- =.w-·~--o.,...,~,~___,~w._.,,·.__,~. .,-,. d.,,^·._~~~.~<_._~. ---~·,.,_-.-~..~._.w...._,·_··,y,_,"·,,,,,_,.,w·..,,,,,~·_,,,·,...,,._.,.".--..,,~., ^,....,,·.<.,..;.".A_''''-'.<.~''''".,~. --.._--_._._...,._..__.~ _V__'___M~__~__",_ Project Team Sign In .. Please check box if present o _!3arrl!!?y'c,._ºb~£~......., ~,~_______ D Cella. Kris [~,] We~.~!~~,síl.~~!!~_____ '-""-~'~"~"<-"-';"~~''''_.''~'''~'''~~~.'''"'''''-'';--'''''''''''''''''"'''''.'~"."'-"-'~""'''''-'''.__._-'''~.'-_. Wolfe, Dawn 1\~~q~~71:;' -~-f~ 3---. p~(~(\~~(@ cë\\\( (ðov.~-+ .......___1¿ZtfJUlÆLL dwd~ Q t:.IJejrovp. (!¡;;rVj D Agenda Item No. 10C April 12, 2005 Page 78 of 96 COLLIER M~ttopolit:ðn ptannrng Organization Collier Metropolitan Planning Organization Long Range Transportation Plan 2030 Update LRTP Steering Committee Agenda Kick-Off Meeting December 1, 2004 East Naples Community Park I. Introductions II. Overview of LRTP process III. Schedule for LRTP process IV. Draft Goals and Objectives V. What's Next (next meeting date) Agenda Item No. 10C April 12, 2005 Page 79 of 96 Collic.' County Long Rangc.~ Transportation fìfan Steering Committee Meeting # Oeccmbcr I, 20G4 Meeting 1\-tinutcs Attendees fr'om Steering Committee: Attendees from Project Tenm: Sharon Dov,mcy K¿lfen Homiak Richard Iloush Joe Quint)' Patricia Spencer Paul Starzyk Chuck Hamby Kris C:eHa .I enni tèr Darn] fig Eileen \Vebster D<1\\'11 \Vol fe Introductions Project binders w~~rt:: distributed 10 all present committc<.' members. These binders arc dynamic and mQre infÖrmmion \ViiI be added to them as tht..~ committee meets 111 the future, ''lie wut dl,,) om best to stay paperless, Locution: It \vas decided to <.:ontinue to have meetings in this location, Slideshun' Kris C cHn of CeUa & As~(}cialeS:. Inc. :;h()I,ved :;]ideshmv on the Long Range 'Iransp<)rwt1on Plan and IlK> project timeline, She will be Laking this slidesho\\', \-vith dumgc5 as the pro,ject progresses, 10' as many neighborhood groups as possible, It is hoped that this wiil fantii[arizc the communÌly \vith transportation planning. The input From these community m(~cL¡ng$ \viH then be hrought back to the Steering CommìltL'c. Chuck Rarnby spoke about. tbe 'I\\'o Tracks of this project ! Public Involvenicnt 2. lechnical (Ìndudcs tntUit modeling and nwubcrs) Study \vill uscVIPO Trame !\i\odel hJ see hm\' tramc is spread throughout county. Firs.t they are comparing pastmodc! predictions to what has happened to .see how actunne it was. predicting the traffk of today, 2025 model \A,'as approved in 2001. but population \NélS conserva!iv-ely prcdict~d. \ViI! look HI ;lvail¡lbk dollars. CoHicr has increased impact fees since 2001. Looking at growth trends to help in predìctions such as: where trìps \'áll be increased. ----..>".- ,._~....__..,,-""..._., Agenda Item No, 10C April 12, 2005 Page 80 of 96 Bike & PedcstrÎnns: RkhardHoush asked \vhat was happening, wl¡h census data on hikes and pedestrians since lOOO: !Inv, arc \\c getting data? fdea to coord1nate IanJ use to meet demand of pcôplc \vhü want to use bicycles. Could bring in path\vays consulting. firm Could survey peopkthrough bike shops., ..Kris and Chuck agreed. (May have to use discJaimer stating we wouldn't use info any other way) Ridership survey Florida Bicyding Association has state and regional data? Kr¡s asked if people could brainStorm ¿my communÎty groups that \VC could coniact to give pn:sentatìons to anù from \vhom VÙ? could solicit comments. President" s Council În Naples Neighborhoods in City (I!" Naph:s Eiìst Naples Civic i\ssoda¡inn Demand or ask for participation from ;\ve M;;111a S W FTl: 110\'" we craft public involvement \Vam W teil as many people as possihle what we Ú() \Vould like to start trend in transportation planning Discussion about A VI.: i'v!aria's sdup \V'ou!d like smart growth to play out better here. Shorllrips killing roadway system Goals ,,~ Obj.ccth'('s Dt:c. 9 the drilft Goals and Objectin:::; wiil be presented tu lvtPO L:nhanccmcnls o\cr 2025 need to be -llïcasmablc -il1c1udc al! nwdcs OrlranspOI'l -consider evacuation routes -move people iocaJjy "connectivity' -gel cmunit:s and citics to preserve righh)f..way -Intd ligent Transportation Systems Smart growth dis.cussion \\/h<.::n we understand the goal. ....c'c çan crt,;alc ~} policy component with a mea~urahie trait. rying Grcemvay systcrns into transportation Systcms Cmmcding intermoda] [¡clivit) Agenda Item No. 10C April 12, 2005 Page 81 of 96 We will send a pa.ckage out to the cOIumÎUec I.ì \ve~k betoi'c next (neeting so rhey have lime 1<, Jüt>k over it and give input on it. May try to bave Neighborhood Arnerka there. We \viU .send filcs electronically and provide hard copies at meeting so people don't have 10 print them ofr. ADD COUNTY STAFF TO CONTACT INFO IN BOOK NEXT~vlEITT1NG: WEDNESDAY, FEBRUARY 2 AT 2:00 PIVt EAST NAPLES COM!v1UNI1'{ CENTER ·~ .~ '\~ Steering Committee M~fM#rTi ft21~~ February 2~ 2005 Page 82 of96 Steering Committee Sign In - Please check box if present ) [-.=~ Name Phone Number _..___g:Mail Address -I I []_Ar~_~i~§19:Q~2Tge _ - 0 BO~~§lQL§5!¡ .P.f3.1t(;!X ø _º~wney, Sharon r/JJtºm]ak~J<ªr~n ,',( 1\JI_!j2LJ,~I]._E:¡~b?lr9., 434-9649 __Bºfjg\J~b_@ETl§l9:Ç2~-- -__'_..'_~___ ~ daspe. Mindy__.____._ ________._ SV1(\Cl\ GJ:L!ÅQ\Qs. - }'lQ+ . _./ . [0 _E~YJpn, N~J}S:y'_______" t.c:,~~_~~-tiL_L,__... ·-:Lù.:!J_.ßf:.ß-.~_!:?_@__<g11:ll~.H<"J./.J..i~~¿Ç ~ r"J:.r- [:3 Joe 213~5887 _JQ~º1J. r'!T'(@.ço~.9..0vnet ~YZìW. Vied ;}.. \ 3 - 5ðð'-/ ¡Øªe~nç~i,_~é!!rlCia____-ªº4=§'ª.ª~..,_,__._._._....... /....... L/(...$~arZYk,paUI rt2{ _$t~.e.¡eL 1/v'¡ I§rd __~~_'._·__.'m·>___n_m__'____·____ 774-8833 Sharondowney@col!íergov, net {?ª91 774-4264 ARWKJ fj@?{)!.G?rn m<.·...·, ..., ...,___,.. .¥~_~._ v R:f "Z \ We!> \..lAP LE5~~~J:Om ._9~~E§D~t?£@X§t~C>Ç!.·90jl1 643-5338, ext 238 ....p~ta~yk@::;lJl1ri?~gL<:JlJP.:º~g__...."..."...._ g '3 - 1t!¡· ì I ,}~~f~_t ./~_(g)_£.~_..v 1!t..J1~_'-. (;) ¡Nf _ SL!~~_~.I.§~2~J:_~?:___ '-~"--'-"----~"-~---'-'-"'-""" ..........~,,-,--_.._.~._._~-..._..._..~._.._-----_._._.---_._--_.~-~ I ~ [2] .,I€iY.l~GAmy_._!._..___-, '3 Û;. 5 (.. ,~h~']_t:¿y:]§i~~~:~~~ij'/'¿~L?' DG;\g,%>f .11 i(ìCLI~lKes-=Ef)13f:Jß\\í'>Ül~C; n~ it1 y~Žr-. . .. 0 r,¡r'kC (i:;:; na.0/t':.J Project TeamS_go In - Please check box ìf present t æ3sê~fæ.~LºtJ~9~.__._,.__, r.. [J( _C~Ha~js __,_ J239) 337-1071._______ .J<:9~11.~@~~t ~:9:c: r.~·): 5, {iLc.t- ~u.yy~t?~!er LE:lf~~~__ [] .YYgJf~.'º~'v\fF!._.. .E;¡I.e.~n\¡\l~q.~~r@:20H i~rgov. net 659-5713 431-1614 d wo ¡fe @tbegroue.:..c.!?!!1_____. [] "~_,____w·n~~____~...,,,.,_^'.___,~~.·_._.~ -_.,.--- -,-. .. (~\,. .... "'\. " ':: i..:'. c". C'! -, t' t I 7, f t,f... G<,_../...) '- <:-,. (-,) - r."'<....... oJ ~_._; ~. ',.-.l", ¡ \ .~. 'j::>'\Î,í\''\',/ I., y·n'v::)C'-'..H:';'Vì iHo\ -l\~OO ~ l "'.'. ') C (.¿ (¡ \ C-I.... «,-.; +r \ be. CC'! \ ¡ \ '0 h {ì {I, i . \ l. f\......'\) o...\.) ~ In G cl. ô..1¡'S-\C~-U C-\ cOmeS" Count)' Long Range TransportdionPlan Update Steering Committee ]vlcetiog #2 Februury2, 2005 Agenda Item No. 10C April 12, 2005 Page 83 of 96 AGENDA SigUMÎU Introductions "rogress since last n1ee(ing~ - Web Update Guals: -Goals have been approved by the MPO. Path\"'ays Advisory' Cummittee will beasldng them to reconsider an additional goal at Feb. It l\-fPO i\1ceting. Rcview Oraft Pl.Jidcs.: ""Vt'C must lunlcrstand the g:md to ercutc )} policy component with :¡ measurable trait 1\'1odel Updatc N1:.'\\'slcttcr KÎd~MOff Public Information \Vorkshup schedule for February 8,2005 Schedulc Next Meèting Coliier County Long Range Tnmsportation Plan Steering Committee Meeting #2 FcbrmtfJ' 2, 2005 M.ceting ¡\'tinutcs Agenda Item No, 10C April 12, 2005 Page 84 of 96 Attcndct's from Stecríng Committee: Attendees from Pro.icet Team: Sharon Downey Karen Ilomìak Richard Housh ¡v¡indy Jdaspe Johnny Limbaugh Timl ChceluH (guest) Nancy Payton Joe Quint.) V1ad Ryzi\\ Patricia Spencer ¡"<HI] Starzyk \Villard S!eeÍl~ Chuck Barmby Kris CeUa Jennifer Dornìng b leen \\i cbstcr Amy Taylor Corrcctimt to ¡ast meeting's minutes: (\dded Patrìcia Spencer to attendee list. Sign-in. updat.e e-mail addresses Information [)istributed for bìnders: J, Agenda ~ \' jnl1h~s trom last meeting 3. Draft PoJkics ..1. Approved Goab & Obj\:c1Ïves Publk Information Worlishop: · Public inform:.ni{Jf1 worksh()p scheduled Feb, 8. (ne:<:! luesday) at Oakridgc Middle SchooL 5· 7 p.m. This is a required part of th~ update process and part of the framework tf), ¡ .KIP update process. · H-m(1îkd hundn.xls ofm:\vsleners and meeting n:rnindcrs 10 organiz¡¡;ions. clect~d offìda!s. ~:tc, · Announced as kick-off rm:cting, talked about t.¡uc$tionnain.:. This meeting Îs to get feedback on the goab and objectìvcs. WH1 havc CUrrûnt 2025 needs, ftm1l1cial. palhvvays availabk fbr peopJe Iü see, Ask people 10 pm JOlS on intcrsC'ctÎons where tfu:n: are issues, Also map for pathways to have people draw whcR' ¡bey want sidewalks. bus SlOpS. bike paths, etc. General in!b "vin also be available. · Kris to g.enerute excitement from rnedia. Questionnaires · Sharon offered to han: questionnaires Ji!k"\I out at other venues: Senior and vohmtc('t' events, Kris vviH caU Sharon lüf110ITO\V to coordinate. Community Uisabilit} Coalition AI! hmctiona! disability organizations an,' going come togetht:r to limn the Comrnunily Disability Coalition. This wìI1 be one voice that wiJl go to county \vilh issues that affect an oflhese groups. Number one issue from 10 organinnìnns. is transponation. fI,..¡indy sai.d that Janna Duran (NBC 2) is Agenda Item No. 10C April 12, 2005 going to run a story on the group. Community DisubiJity Coalition \vill be meeting once a Img1tl~t5 of 96 KrÎ$would !ike 10 schedule to rncd w'irh them. \Vc.bsitc Website will be live Feb. 4, in infancy but wiH have a lot ofin10. Can visit al1.!1Y-w,çJ~UiçrlI1'p,Jl~!. An of ()Uf info should be .pdf fiies to help peopJe down]oad ¡heTn. Paul requested 5~ I n page documents at largest. Goals, Obiective.s nnd Policies How this noHc}' works · lAC made comnwnts on this at recent meeting · IvlPO hoaru has not seCn policy. On Fcb II. 1\4PO board will bcask(~d to approve goals, objectives and policit~s.. Performancc management; IÜnv this policy clocmnenl as. time goes on. !vlPO has to go through cel1ifícation process. FDOT looks at pp]Îcics, when asking ¡¡hout projects. they ask how !hC'y ùrc consistent. \'lith polìc~ies and art:.' they measurable. FDOT meel::; every year with MPO. ând h:.~dcral " t . .~ .;t '·1 ¡ IHgmvay meets every J year \'\'1111 neBl. ...\nnuäl reporting process will happen this year with LRTP Update, rvU:i\HH::RS!oday may submit comments and c()ncems up the 1011110 Chuck and EileetL General · Reçommende.d policles were senllo members. · Goals & Objectives have becn revie\ved by !v1P(). policies gonelo T AC and CAe. · 1',,1PO is talking \vith led1llka1 consultant rÒr plan update [0 have more measurable goal. Also would likc 1.0 "tart taking Ihese macro poliçics and as they look at 5 year plan. s.ecing if they wìH be able to use them. Safety seems to be large part of Ihis no\\'. WiU be nn evolving docmm:nt, amI going to 130CC for upproval on Feb. ¡ 1 ¡¡'. Need to hit on all modes availabJc. Ctlrn:nt plan is highway only. 1\,·takc this update infer-rnodaI with imerfáces.. Th¡~ índudes pedestríans.. bikes. freight and goods movement. Want 10 Iry to make sure network works for g.oods and freight in and out ofCoUicr; and in Immoka!cc to help local economy. \,. atcr Based Transportation: l.çasl background on wa t.el' based lran:sportation. The canals in Golden (¡ate Estates area <md Naples Bay \vmdd be 111ajoriiy of thhL 11m\' can we work ..valeI' transportation in ovcr¡:¡U plan? We \\'ould like to star! thinking about it Regional plan n:,r hçight ,md goods movcmcnt-\viU bca sland alone component of update -- [mmokalee Airport Bikes and J}edestrians · Is it something tbat pçop!c want tn tI$c/d(~$irab¡lilY'! · We \vould lìke to make level ofservìce helter. but thelcaI'e different qualifications concerning ìhescmodcs oftransportati.on. I ü\'" many pcopie are we moving \s. how many çârs arc on the road (the way level of st.~rvke has been measured in past). · Congestion Management Systems: in Marcb we wìH be abJe to look at this. Agenda Item No.1 OC April 12, 2005 "'Rich menlÎoned thaI one adult on a bike is one Jess car. a child on a bike going to sBMeJai of96 one less aduhdriving them to schooL Discussion about I)olic)' 1.3.2 and thc set aside ofS500~OOO!~'r. · Federal ¡JoHar$ \",ilI be (the $500,(00) only 1/5 or so ofv,lhat isacrually available. May have to change language to show"(1 minimum of$500..000". · Direct avenue through subcommiuce adÎCm and difftrcnt commur1ÎlÌcs áL'TOSS <;mmtry arc petitioning for funds.. Collier County isn't taking any of that money. (Jovemirlg oflkiab would have to take lead on it. ~cw pathv,¡ays plan in April wil1 give them an idea of what they \,,'3n1 and ho\v much Ît \\'"i1l cost Pathways plan will he a 2.0-ycar document, btn the rmnsit plan is 1 C)-year document. Recommended addition or puli.cy t..3.t): :v1PO and local govennnent and staff l,\'ill cnntlnuc to pursue other funding. Smart C;"owth Question if anyone from ;\"11'0. county. etc. attend smart growth confcrencD in Miami. 111\5 \Vas not known, but there is a smart gl'üwth committee in ¡be coUnty and there arc SmarlGmwth poHcics in the polky document. Environmenta) Presen'ntÏön MPO does not set land Ilse policy,flley have very general policies. In terms of hnpact MPO \,vould like to be .able to set framcwork ami bed up lhlS pölîey_ · Objt,~tive 4.5 - ¡V1,¡¡íntajn or enhançe development (çol1scntation pl3nníng and wHdlife), Nancy Payton wi!! bç happy to look at this section and help give ideas on this part. · Slronger language requested W sbü\.. that cnvimmnemal impacts an: considered at aU kvcl~ of transportation planning (not just at corridor p1anning, hut in nel\.vürkpianning as \veli)_ TnmsportutioJ] Occîsion Making Process - Wh~:rc: l.:11vironmc:nt. community. roads. etc:. can be evaluated before a corridor study to gd an ¡dca of what the problems could be jn advanccof doing a corridor study. Could save t¡rme and cause fc~\vcr problems. Preserve Amct'Îca -, An executive order. IljstorÍc preservation can b<: used as economic stimulus. Steering Comm¡tke members bdievc tbat ('I1\'iwnmcnt anlÎ cultural preservation should be separate übj cell ves (IJrOposed ohjc<:tivc 4.6). Objective 1 A ,-'V, 1.5: Commînec reqlle~is intennodal connectivity objectives be more s.pecifìc sud1 as ';PcrformuDcc between pedestrian ,m1çnj¡i~~s, IransÍ1 stops HìOlHHotorized and motorized} and CAT transit shelters:' Objectivc 4.1: Comments regarding aC.'ithetics in proposed madnays, It WU5 suggested to take thi!; money to put somewhere \vÌlerc transportation will he ¡¡llcctcd and have prìvntc cntitícs pay for !<tr1dscapjng in front of the developments. And the countywouldn-t have to shut down lanes. This is guídance hmguagc, butmainlenancccost should b~ in the price. Recommended addítion: I)o[icy 4.1.2: Guide that local govcmmcnts should pmsuc joint public/privatc partnerships for landscaping. No landscapc to the extent ()f loosing bike lanes find s.idewalks, . Xeriscaping procedures co1.Jld be put into policy like enhancement pro)ccts. Agenda Item No. 1 DC April 12, 2005 Page 87 of 96 Objective 4.4: RCtlUCStlng m01'e quaJitatÍvc wording'tlov\"' ,viH you enhance accessibiHty" Is money allocated to transportation disadvantaged'? Do we need to ask for mmc fhnding? County information shows that there is enough funding now to maintain level of service, but as area grows. there will be issucs, \Vhm additional dollars are needed to expand and hcc()mü rnorc cf kj~nt? What can we build into capital pro.ieet:-; to help? Seamless transportatíon routes need to be considered. Specify ho\.v thc) can cnhm1ce eff1cicnc)' :l.S <l part of !eve 1 of service. For example, using electronics to 6<ìVe ¡rips. Objective 5.2: Suggested to add children In policy language regarding safety and m::ccss to more sidewalks and b¡kt~ paths. There is mOre congestion at tbis ¡¡me when kids go anti leave school. · Need to look at creative solutions, like Califo·rnìa and Colorado. Other ~~ümmuníties have bad walking school busses. Objectivc.8.1: i$ IvlPOtypicaHy involved il1 land lIse matters? They an~ required asadvisnry wk. This tics into rnodcfing discussions, Where '.,'I.'ill population he growing by 2030 (living and empjoyrncHt)? Rich brought up Cìoal #9 that has been deleted n"om thcdücument. The p¡Hhways committee is going {()MPO board tò discuss this. CmlIHj' mat.hvay bu~g.et is (tt $.300 rni!lìün. Includes patlnv3ys, :sidc\valks, etc. Envi.ron.menta! scn::cuing tool (TOMP) explanation Dis.cussion on Public Involvement for!\<IPO andCo!1ier County Goal ofStcering committee is to educde commuuìt~' 1iUd get more public hu;r in thnn there is now. f)eople heed to understanti tbe TransfJOrbttiol1 PlanningProcc.'¡S. Next IneeLi!1g Tuesday. March 29. 2.:00 SECTION 7 Steering ConlInÎttee Outreach at Public Events Agenda Item No. 10C April 12, 2005 Page 88 of 96 ''*''''oi ......<,;¡!!' '>",~~~~*,. 'P"'¡,-. Agenda Item No. 10C April 12, 2005 Page 89 of 96 Steering Committee Outreach at Puhlic Events Steering Committee rnembers arc asked to reach out to the cummunity through ürganiJ';ations to which thc}' belong or represent A stct,"lÌng comnliuee member\vas able 10 take the Transportation Questionnaires to three events in February that they participated in. The qucstiormaìres fhlm these events have been entered into the wcbsítc for fL'f)orting and the re~;u ts are part of the Rcpmt of Qucstionnaire Rcsponscs in Section 2. · CoWer Cóunty Counci! on Aging/Seniors &. Law Enforcement Together· Fe;bruary 4. 20Ü5 (39 quc$lionnaircs rc!Umcd) · Golden Gatc ScnÍ<;}t' Expo· February 9. 2005 (¡ 2 questionnaires returned) · Cornrl1llnÌly'v'o]unteer Fair - February' I Ú, 2005 (26 questionnaires returned) Agenda Item No. 10C Apríl12, 2005 Page 90 of 96 SECTION 8 Public Events With Pro.ject Information Available ~Po,"" ':Ci"~ iI:.¡,;,'~. 1¡'li-'Iµ:1I if1:.:.w; ~;,ti Agenda Item No. i0e April 12, 2005 Page 91 of 96 Public Events WithProjed Information Available The projcçt team attended th(~ EconomÎc Dcvclopment Council's Florida Tradeport Grolll1dbreaking at the Irnmokalcc ;\i'V0rt üni\·farch 2. 2005. Inf,)OnHIÎonHI boards \vcre on display and projcct newsicucrs were distrihutt:d. The team \vìll al$O attend Governmcnt Day at the CoastJand Man in Napks 011 April 9. 2005 to inform the genera! public nflhe LRrp Update fÒr 2030. ^····'···_O".__"'..''''" = <"....~ LOt1) Rðtlqe TransporUþon PLan mrp".·.'rd --4 ~.I c.....J March 2005 Agenda Item NO.1 DC COLLIER COUNTY METR~~~N PLANNING ORGANIZATION 2030 LONG RANGE TRANSPORTATION PLAN UPDATE Newsletter No.1, \1.2 2030 Long Range Transportation Plan Update is Underway Get Involved in Collier County's Future Transportation System! Located in Southwest Florida. Comer County is in the midst of an exciting hrne in transportation planning and development The Metropolilan Planning Organization (MPO} is in the process of conducting a review and update 01 the Long Range Transportation Plan (LRTP} and is jooking for your înptJ! to help shape and guide the development of our transportation systern for future generations in Southl¡vest Florida, The updated LRTP must be completed by December 2005, now is the time to get involved! EI Plan de Transporte a Largo Plazo 2030 ¡Ahora es el momento de ìnvo1ucrarse! LocaHzado enel Suroeste de la Florida, e! Condado de Collier se encuentra en media de momentos emocionantes en cuanto aj desarrollo y planificación de un sistema de transporte, La Organizacíón Mètropolitana de PlanificaCÎón (Metropolitan Planning Organization . MPO) esM en el proceso de !levar a cabo una revisión y de actllalìzar el Plan de Transporte a Largo Plazo 2030 (Long Range Transportation P1an - LRTP) y requiem de su contribuçión para ayudar a farmar ya goiar ej desarrollo de nuestro sistema de trans porte para las futuras generaciones en el Suroeste de !a Florida.. E~ LRTP actuaHzado debe completarse a más tardar en Diciembre de 2005. iAhOfa es el momenta de involucr;'Jrse!11 The Comer County MPO hosted a public information workshop to kick·ofi the 2030 Long Range Transpork"ltion Plan (LRTP) Update on February 8, 2005, Attendees were able 10 tell the project team about congested areas, needs for expanded or ne'vv roadv'lays, bicycle and pedestrian facilities. expansion of transîtservices, and comment on the draft goals, I EI MPO. del Condado de Collier ofrec¡ó. un taUer de obJectives ~nd p~¡¡?¡es. If you ",vere not able to come ¡nformaciõn púbtjea para lanzaI' e! Plan de Transporte a to the meeting, VISit us. on the web' Largo Plaza 2030 (LRTP) Y actuatizar!o €II 8 de Febrero de 2005, Los 2!sistentes tuvieron 121 oportumdad de deckle al equípo del proyecto aeerea de Las åreas congestionadas, de las necesldades de ampHar 0 de construÎr nuevas carreteras, de as instalaclorìes para bicicletas y pealones, de expandir los servicios de trâfico ~I hac6r observaciones sobre de las metas! 105 objetivos Ij nonnas del anteproyecto, Si listed no pudoasistir a la reunión, visi~enos en la internet. · www.CollierlRTP.net Learn about your community's demographics on the interactive People & P(aces page · Sign up to receive newsletters, calendar updates and project documents · Make comments and fill out a survey about transportatIon in Comer County · Escriba 5US comentarios y Ilene una encuesta acerca del transporte en ColHer County www.CoIHerLRTP.net · Entérese acerca de la demografia de su comunidad en la página interactiva titulada Gente y Lugares · Inscríbase para recibir boletines de notictas, raportes actualìzados y documentos del proyecto Agenda Item No.1 DC r , Page 93 of 96 What is the Long Range Transportation Plan? Why Should You Get Involved? The goal of thepían is to encourage and promote sate and tttficient management, operation and deveJopmentof transportation systéms that wtll seNE me mObWty nee.ds of the p~ople and bUsinesses of ColHer County and$outhwest Florida and toster eúonomic growtha.nd development within and throughou~ the area, while mlnimizìngenvíronmentaJ, socíalarïd euJtura! impacts, The LRTP will pave the way and provide guidance for transportatíon planning for the next 30 years. The long range rransportaifon plan is more than Just planning for tuture roadway Improvements. Do you take the bus, ride a bIke or like to walk? Do you own a business and ,,¡...antlo reduce your delivery tímes'? The process lor delleJöpìng the plan will consider all types of transportation.. Sígni1lca:nt elements of the LRTP mclude: Goals, Objectives and Policies· ne goals, öbjéctives and pOlicresgurde the <ìevelopment of the 2030 LRTH Goals such as providing "a transportation system that IS sensitive 10 tt)e effects on the socia-cultural elements of thecommuniUes, the community character and Brwíronrnental resources' are u1;Sed to te$1 any proposêd elements of the plan to minimize effects to the surrounding communítfes. Congestion Management System (CMS) Strategies ~ These include traffic operatiQns, rídè$h<.1ring, pedestrian and bic'jldefaciJìties, altemative work sche.dules, freight movernent opHons, high occupancy vehicle treatments, te!ecommu:ing, and pUblic. transportation improvements thaI make mote e11ícient uSèof our transportatlðn system, Multi-Modal Transportation - Forecasting 1M needs for the CömerArea Tr.;¡ 115 it S,:<'s!ern (GAT} prtMdes the ground\'v'Or'¡e; jor expanding transit seNice to growing areas_ The Transit Development Plan ensures thaI the provision òf public Irð!1sportation service is consistent with travel needs and mobility 9021.1$ of local communities that are served by CAT, ThiS Transporta1ion Disadvantagèd Service Plan maintams and/or irnpfQves transportation ser,tiçes forth€! Transportation DisarJvantaged program. In addition, Ihe roadway networks serving the airports and the l:,icyGJefpedestrian transportation systemfortt16 1...1 PO area mtls! be evaluated, Pedestrian Walkways and Bicycle Facilities· Update of tfìt'\ "Comprehensive Pathways Plan" currét1tly underway wd! determine new routes and fac.Hit1es for pedestrians and cyclists. 2030 Needs Plan - The 2030 Needs Plan iàent/Ííe$ îuture travel demancls and facilities (roadways, pathways, bus routes, etc,} that need or wBI need improvement Thl$ is th& County's "wish list" for future trar)$þórtation related improvement::.. However, not all 01 the improvements can be funded al this lime. 2030 Financially Feasible Plan - How are we going to pay for!hese improvements and Whictllmprovement$ are the ffio$tcrilica¡? TheFinancially Feasible Plan update will determine what combination of tran$portation projfJcts best serves the travel demand need at the most reasonable cost How Can You Get Involved? TM Success of the transportation pian Upda!.e will depend or¡ the public getting invofvedal1cì helping to address transportation iSSuè$ In your community. The MPÇ, and the LRTP project team want to receive feedback from the þlJbJic regarding what you thlllk the existing ândfuture needs are in Collier CQunty. VisH the new LRTP web site, ~"'\1\'W,Ǻ:IJ.ìªrt.RIP,net to get detailed :nformaflùn atJout t/18 projèctJI'\cJuding; '" ....Vha1 ¡.s the LRTp? " Frèquently Asked Questions Sut:mit Your C01'r1rnents Here! .. Wrlo Can I Contact? Request a presentaÜonand update tor YOlJr club, ciViC or homeoY'inars association 2 Aqenda Item No. 10C . '1""" '-, _005 Page 94 of 96 ¿CuáJ es et Plan de Transporte a Largo Plazo? ¿Par Qué Debe Usted Involucrarse? La: me~a del plan as, la de fomentar y promover una adrT'lInistrêiOìön segura y ehcl€nte de ~as operaclones 'Y desarrollQ de os sistemas de transports que vayan a satisfacer ¡as neces.idades de desplazamìento de 18 gente y de la cDmunidad empresarial (ie~ Condado de Colliery deì suroeste de fa Fíorid<ì. Tarnbión se pretends pm mover el àesarrollo económrco y la urbanízacìón. den1ro v a través de toda la zona, mientras se reducen a¡ minima los impados culturales. socìales y al medio ambienle. EI LATP preparará el terrene y será el guía de la planificaciòn del transporte por 105 prõximos 30 años. EI plan de transporte a largo piazo vas más al!â de simp!ernente planjf¡çar tuturas mejoras para las carreterêls. ¿ TQma usted BJ ous. va en bic:icleta 0 prefiere camînar? ¿Es LJsted (!ueño de su negocìo y quiere reducir ei tiempo de entfèga. de $uS producto3? EI proceso de desarroll() del plan va a cons,derar tcda clase de transports. Los elementos más importantes del LRTP son 10'S S¡guH,mtes: Metas, Obietivos y Normas - Las metas, ob¡etlvos y normas son !os que conducen el desarrollo del LRTP 2030. Metes tales como proporcionar "un sis1emade transport€! que esté consciente de cómo se afeçtan 10$ elementos socio-culturales de las comunk!ades, 61 CaråC1èr misme de esa cornuni(jad y Jos reGursos t1el meoio ambíente" se utiliza!! para exammar cualquier parle propuesta de! plan con 01 Qbjeto de mÎnimizar las consecuencias a las comunIdades de Ibs alrededorês Estrategias dela Adminìstracíon del Sistema de Congestion (CMS) - Sa refierl? a ¡as operacìQl1es de tráfico, a com partir êsþacío en su vèt'¡ícuio con un compaj'lero d$ tr.abajo, a 18S Instalaciones para peaíonas y bicicletas, norarÎos de trabajo alternos, opciOMS para e! movimiento de!a carga. tratam¡ento especial para veh ículos con gran nûrnero de pasajeros. consideraciones para los trabajadores que viajan a diario largas o1stancras. y me¡oras allransporte publico Que Ilacen más eficiente eJ usa del sistema de transporle. Transporte Multi-Modal-los pronóstico5 de las nac6$ldades para el S¡sterna de Tráflc:o para el Area de Comer (CAT) son e! lundarnanto para expand,r al s8rvi(:Íode tráfico a ¡as ¿reas de GreCimlellio. E¡ Plan de Desarrollo del Tráfico garantiltî que los sürviç;ios (~{! ¡ransporte pÚb1ì(;O a ç,freDerSf! son consistente¡=; con las necesiáades de viaje y con las metas de desp!azarn¡¡:¡nto de las comunidades locales que serán atendidas por el CAT EI Plan de Servicio de Transpotie para Discapacltados está diseñado para. dar r11antenirf11ento yio rnéjOr8.r los S8rvicios de tr.ansporte de! programa de Transporte para los Dìscapacita.dos. Adermb,la rei) de CoJtoteras que van alos aempuenos y al ;.;Ü:;\ema de tra'lspcrte para peatònes y bicicletas par¿~e¡ ~irea del MPO deben sar s'í/aluado$. Instalacìones para Caminos para Peatones y Bicicletas - E.I pmceso de actuaiizar e! "Plan Integral de Camirlos' que actualmente s0estâ Ile\iando a cabo. determlnara las nuevas rutes e Inst<JlàC!OneS para peatones y ciclista.s Plan para ¡as Necesidades de 2030· EI Plan para las Nec~'?'$ldad05 eJe 2030 Idemitlca la futura demanda de transporte y de instalaciones (carreteras.caminos. rutas para buses. 8t,:.) que necesllan {) van a necesí~ar mejoras. Esta os 1a lista de ¡as pnoridades del Conàado para futmas meJorasdei trartsporte. Sin embargo. no loeas las mejoras pueas ) jinanclars.e €-n este ncmànto. Plan Financiero Viable para 2030 - ¿CÓmo Vamos a fínanciar estas m8JOras y cuá1es de ¡,:!la.s son jas más HllpOliante:s? Eì P1an Fít¡¡;¡ncierQ Viable que S8 va a ac!uaìiz.flr deterrmnará cüál seré la rnejor cornbinaciÒn de prcyectQs de transpor1e que va a satls!acer 1a dèmmîda por (;àrreteras al costa rriàs razonat,l&. ¿Cómo Puede Usted Involucrarse? EI èxito de actualizar el plan de transporte dependeráde cuànto el pûblìco se involucre y ayude a r.:!!SGutlr los 3suntos de transport€! ensu comunidad. EI equìpo dt<H MPO Y del LRn' âesea reclblr retroahmentación del pÚbtlCO relacìonada. con]o que us-ted piensa S011 ¡as nBçesjdades existentS5 y Muras para 81 Condado de Collier. Por favor, vfsïtè el nuevo sitio frn la Internet. para ob1ener ¡nTormaciófI más detaflada acerca del proyecto t¿~les corno: '" (}Que as or LRTP? . Preguntas que sos hacen a rnenu(jo " PresBnte Sus CornBnlarios AqlJl ~ ¿A O!;Jlén Puedo Contaciar? # Sirvasü h soliçìtar una pn:sentación c un informs actuai1ZadQ para su dub. organrzación cívica 0 para su aspçlsci6n de duefìos de ca5a 3 Agenda Item No. 10C Bi-County Reg.. ¡onal Transportation Network April 12, 2005 Page 95 of 96 LQ~.'md II rT~t 'DrÜtô" f i!j~',¡;<'~dt,,:, =-. ;:,,'/ttg~d ;J.,..,j~; r:j ui ~~if-~ r U';ix7( Rç:1:'" t:. H:fF-;rt.t¡A~ ~::;~~:';'::':'~;;:~L~:;' J, PHASE II Task 1.3 TASK 1.5 TASK 1.6 Task 1.7 Task 1.8 Task 1.9 Agenda Item NO.1 OC April 12, 2005 Page 96 of 96 Public Involvement Activities Implementation Presentation to Committees Milestone Briefings to TAC, CAC, PAC Meeting handouts Solicit Public Comment on 2030 Needs Plan Alternatives Setup 3 Public Workshops Prepare Presentation and Graphics Handouts Legal and Display Ads QuestionnaireslSurveyslInterviewslSpecial Interests Focus Groups $4,250.00 $46,720.80 Solicit Public Comment on 2030 Cost Feasible Plan Setup 1 Public Workshop Prepare Presentation and Graphics Handouts Legal and Display Ads QuestionnaireslSurveysllnterviewslSpecial Interests $39,885.80 Additional Meetings and Presentations (Appox. 50) Presentations to Local Governments and Agencies Presentations to Civic and Trade Organizations Final Documentation Reporting Progress meetings Preparation of task reports LRTP Executive Summary Project Expenses Total Phase II $4,780.00 $27,160.00 $35,697.03 $180,153.63 EXECUTIVE SUMMARY Agenda Item No. 100 April 12, 2005 Page 1 of 161 Recommendation that the Board of County Commissioners accept the Tigertail Beach Park Boardwalk Feasibility Study and direct staff to pursue an alternate plan of a pedestrian dune crossover and restroom facility Obiective: To enhance public beach access III a fiscally and environmentally responsible way. Considerations: In 2002 the Coastal Advisory Committee (CAC), Tourist Development Council (TDC), and the Board of County Commissioners approved a TDC grant for $200,000 for the Tigertail Beach Walkway Design. This grant was for the design and permitting of a boardwalk from Tigertail Beach to Sand Do]Jar Island. Funds became available in October of 2002. The project was suspended because Taylor Engineering was beginning a separate study for the Coastal Projects Department regarding the dynamics of Sand Dollar Island, and the County wanted to wait for the study's completion and review. Following the acceptance of Taylor Engineering's Sand Dollar Island Study, the Parks and Recreation Department detem1ined that the scope of the boardwalk project should be narrowed down to that of a feasibility study of the design and permitting potential for the walkway. In 2004 Taylor Engineering was hired to perform this feasibility study. Taylor Engineering did field work, held meetings with permitting agencies, sponsored a public meeting with stakeholder groups on October 28, 2004, researched the issues, and prepared a final study. The feasibility study explains the difficulty in permitting a boardwalk to Sand Dollar Island, the opposition to be encountered, and the possible steps necessary to accomplish the permitting if the project were undertaken. The study was presented to the Parks and Recreation Advisory Board at their regular meeting on March 16, 2005. The advisory board expressed its opposition to the boardwalk to Sand Dollar Island. At the same meeting, Parks and Recreation staff requested that the advisory board review the proposed construction of a restroom facility and pedestrian dune crossover to the beach at the southernmost end of the Tigertail Beach parking area, which is presented as an alternative in the report. The Parks and Recreation Advisory Board unanimously recommended this alternate concept for approval. On March 28, 2005, Taylor Engineering presented the Tigertail Beach Park Boardwalk Feasibility Study to the Tourist Development Council. The Tourist Development Council recommended that the feasibility study go back through the Coastal Advisory Council for its approval prior to proceeding. Board of County Commissioners policy states that beach access projects are routed for approval through the Parks and Recreation Advisory Board, Tourist Development Council, and then the Board of County Commissioners. ",,, "''''',.;,..-...",,,,,., Fiscal Impact: No fiscal impact is associated with this action. Agenda Item No. 10D April 12. 2005 Page 2 of 161 Growth Manaaement Impact: Ensuring public access to beaches, shores, and waterways is a directive of the Growth Management Plan. Tigertail Beach Park is inventoried in the Collier County Growth Management Plan. Recommendation: That the Board of County Commissioners accepts the Tigertail Beach Park Boardwalk Feasibility Study and directs staff to include the alternate pedestrian dune crossover and restroom facility at the southernmost Tigertail Beach parking lot in the plan presented at the next Beach Access Workshop. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation --- - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 100 April 12, 2005 Page 3 of 161 Item Number 100 Item Summary Recommendation that the Board of County Commissioners accept the Tigertail Beach Park Boardwalk Feasibility Study and direct staff to pursue an alternate plan of a pedestrian dune crossover and restroom facility. The Tigertail Beach Park Boardwalk Feasibility Study is available for review in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL.(Marla Ramsey, Administrator, Public Services) Meeting Date 4/12/20059:00:00 AM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 4/1/2005 9:32 AM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 4/1/200511 :39 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 4/1/200511:52 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/200512:33 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/5/20055:36 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/5/20058:58 PM .100 00l: 1E .... ",~';' TAYLOR ENGINEERING INC. - - 8000 0.. . ~ CI'WYB, IIUITI! 800 ~~'NII....I...8,. ... ~ __ - March 2005 Evtill uation of Boarc:lwal kt=ea_ibllity, éd' Co~C)~PtYªII)~$i90, aod p,ª~~~~~~:, TigertailBeach Park to Sand Dollar Is l'EI.'11 d TAYlOR ENGINEERI NG INC - - - - - - - - - C' ·ov.:ne't -~ Tigertail Beach Boardwalk Feasibility Study March 2005 Agenda Item No.1 00 April 12, 20("- Page 6 of 1\ Tigertail Beach Boardwalk Feasibility Study Prepared for: Collier County Department of Parks and Recreation 3300 Santa Barbara Blvd Naples, FL 34116-6601 By Taylor Engineering, Inc. 9000 Cypress Green Drive Jacksonville FL 33256 (904) 731-7040 C2004-053 March 2005 Agenda Item No. 100 April 12, 2005 Page 7 of 161 EXECUTIVE SUMMARY Agenda Item No. 100 April 12, 200'" Page 8 of H. The Collier County Department of Parks and Recreation contracted Taylor Engineering to evaluate the feasibility of a boardwalk from Tigertail Beach Park to Sand Dollar Island. Sand Dollar Island is located on the west side of Marco Island, between the Gulf of Mexico and Tigertail Beach Park. From the amenities area of Tigcrtail Beach Park the Gulf of Mexico shoreJjne is about a quarter mile to the west across Tigertajl Lagoon or about one half-mile walking south and then west on the beach. Safety, site management difficu1ties, reduccd attcndance at the park since Sand Dollar Island replaced the ocean immediately to the west, and the need to reduce the pressure on the Gulf of Mexico beach access located at the south end of Marco Island all contributed to the development of the boardwalk concept. The objectives of this project were to: · Collect and assess existing information, together with new natural resource mapping · Develop conceptual plans of a wood and a concrete boardwalk · Coordmate discussion of the boardwalk concept with environmental agencies and groups Collier County provided the following guidelines for the design: Evaluate concrete and wood designs. Design to withstand a 50-year storm and to support an eight-person golf cart such as those used at other county beach parks. The TigertaiI Beach-Sand Dollar Island area is a remnant of the dynamic barrier island system that historically existed along much of the southwest coast of Florida. Due to development. relatively few such islands now exist in the immediate vicinity of Marco Island. Sand Dollar Island, which began as a sandbar, now comprises 69 acres above mean high water. With a maximum height, approximately 4 feet above mean high tide, it currently accretes at a rate of a few acres per year. The future behavior of the currents supplying the sand to the island is unknown, but Taylor Engineering has no evidence that the accretion will cease in the near future. However, the low crest elevation and nalTow width of the island leave it vulnerable to storm-related breaching. It is a very high quality but relatively fragile ecosystem. Vegetation communities are developing on Sand Do11ar Island as it grows, ,lnd it is a complete habitat for many migratory birds, threatened and/or endangered bird and turtle species, and a wide variety of other wildlife. Many of the components are sensiti\'e to disturbance, and the island may only be present for an ecologically short period (decades). Taylor Engineering collected and assessed the available environmental information on the site and developed basic vegetation maps of the site from aerial photographs and direct examination in a field -, Agenda Item No. 100 April 12, 2005 Page 9 of 161 trip. Interviews with know1edgeable environmental scientists and naturalists provided favorable comparisons of Sand Dollar Island to protected areas such as Rookery Bay. The area through and over which a boardwa1k would pass, or through which a tramway would travel, is state-owned land, designated as Florida Critical Wi1d1ife Area (CW A). It supports a wide variety of resident bird popu1ations, especially shorebirds, and is an important resting and feeding area for migratory birds. Varieties of birds a1so nest in the site. It is an active nesting site for threatened marine turtles. The federal government has designated the entire site as a critical over-wintering habitat for the piping plover. It is also a Coastal Ban'ier Resources Act site, which 1imits the federal funding for projects on the site. Throughout the year, the Florida fish and Wildlife Conservation Commission CW A manager, Mr. Ricardo Zambrano, marks and cordons areas in use by various species. Collier County monitors turtle nesting, records nesting success, and marks nests so that beachgocrs will not trample them. Taylor Engineering prepared a preliminary design for a boardwa1k considering two materia1s (wood and concrete). We quantified direct environmenta1 impacts of three boardwalk orientations and one beach tramway. Criteria provided by the County for the design of the boardwalk were augmented by mc1uding the exposure of the structure to the Gulf of Mexico and the visual presentation of a boardwa1k in that location. We concluded that concrete pilings were stronger and less obtrusive visuaIly (since fewer pilings would be necessary relative to a boardwalk with wood pilings) regardless of the material used to construct the upper portions of the structure. We chose prefabricated concrete members for the upper portion of our concrete design to allow re1atively simple construction methods. The wood dcck design used the same concrete pilings more c1ose1y spaced (14 feet apart as opposed to 25 feet apart). Wood deck stringers have less strength than the concrete slabs used for the same purpose. Therefore, wood deck design requires more c10sely spaced support pilings. We assumed wood railings (or composite material) in both desih'T1s. Two boardwalk alternatives begin at the Park amenities and extend over the lagoon to the southwest (l,328 feet long) or to the south (1,688 feet long). A third orientation begins at the southernmost walkover from the parking lot and extends southeast 1,688 feet. The fourth option, a beach tramway, would pick up passengers at the south end of the parking lot or on the beach adjacent to that point and transport them south along the beach to a point south of the Sand Dollar Island vegetation, close to the beach crest (a total distance of 1 .1-:62 feet). Construction would create temporary impacts (vibration, traffic, and working space around the bridge) which would cease when the construction is completed. Permanent, direct impacts fTom the 11 Agenda Item NO.1 00 April 12, 20r- Page 10 of 1l footprint of the boardwalk totaled about 0.4 acrcs for thc southwest orientation and about 0.5 acres for the south and southeast orientations. The tramway would affect about 0.6 acres of habitat, but 86% of the path crossed unvegetatcd sand on the back beach (well removed from the crest of the beach) , arguably the least valuable habitat type on the site. The open water and transitional zones where the island is accreting received the greatest caJculabJc impacts. \Ve dId not consider effects of shadows, the other direct effect of the structure. It is likely that human activity over time would create the greatest permanent impacts to the site. State and federal regulatory agency representatives and representatives of environmental interest groups participated in discussions and meetings with Taylor Engineering and Collier County concerning the bOéirdwalk concept and related permit application issues. Telephone discussions preceded meetings with the agency personnel. A set of consistent themes ran through the comments received in the various discllssions and meetings: The regulatory agencies viewed the impacts of the project far outweighing the benefits. They did not consider benefits of providing a shorter and safer access to the beach nearly as important as the potentia! loss to the public of the natural resources. The quality and rarity of the Sand Dollar Island ecosystem will require the County to mcct very stringent standards in its permit application. None of the regulatory agency representatives that we interviewed provided any optimism concerning the likelihood of a successful permit application at this time. Onc member of the FDEP expected that if the agencies approved a permit application for the project, legal chal1enges through the State of Florida 120 Hearing process wcre likely from environmental advocacy organizations. The County will need to demonstrate to the regulatory community that it had attempted to solve its needs 1TI ways that avoid constructing a boardwalk, and had found that these ways were unsuccessful or impracticable. The County was encouraged to try all other possible a]tematives before further pursuing the boardwalk. The agency representatives identified the tramway alternative as one approach that could more likely meet permitting criteria than the boardwalk alternatives. The County will need to identify appropriate and sufficient mitigation for the impacts of the boardwalk or a tramway including the increased human uses of the sitc. The several agencics interviewed could not identify appropriate and sufficient mitigation. The federal agency representatives did not believe that the County could identify an acceptable mitigation plan tor a boardwalk, and would not speculate on the mitigation requirements for development of a tram\\'ay. 111 -. Agenda Item No. 100 April 12, 2005 Page 11 of 161 The County will need to develop a comprehensive site management plan for any new activity that increases the level of human activity in the wildlife areas. Agency representatives indicated that any acceptable plan would include a very signitìcant increase in site planning and management The environmental groups were uniformly opposed to the boardwalk concept, and echoed many of the same thoughts expressed by the regulatory agency representatives, such as solving the County's problems by alternative means. Some also recommended that the County identify Tigertail Beach Park as an ecosystem park, not a beachfront park, and some recommended that the County do nothing at the site. Taylor Engineering recommends the following: If the County chooses to move ahead with the boardwalk concept, it should develop a design and a permit application package that reflects the agency recommendations and concerns. The County should develop a conceptual permit application rather than a standard application package. A conceptual permit application will require less effort to develop than a full permIt application. It will undergo the standard permit application review process and the County will receive written agency responses concerning the project IV TABLE OF CONTENTS Agenda Item NO.1 00 April 12, 20r- Page 12 of 1l 1.0 II'iTRO D U CTION ...................................................... .................................................................... I 1.1 Project Location ... ............................. ..................... ........ .......................... ............. ............ I 1.2 Project Objectives ....... ..................... ............................ ......................... ............... ............. 3 2.0 NATURAL RESOURCE SURVEY .............................................................................................6 2.1 Official Environmental Designations......... ......... ........ ...... ........... ................................... 6 2.2 Existing Environmental Information ..............................................................................8 2.3 Field Survey and Habitat Mapping ...............................................................................12 2.3.1 Alethods ........................ ......... ............................... ......... ......... .............................. 12 2.3.2 Results ............. ........................................... .... ...... .......................................... ...... 12 3.0 BOARDWALK CONCEPTUAL DESIGN.............................................................................]6 4.0 POTENTIAL BENEFITS AND IMPACTS OF A BOARDWALK........................................ 18 4.1 Potential Boardwalk Benefits ................ .......... ......... ...... ....................................... ........ 18 4.2 Potential Boardwalk Impacts.........................................................................................18 5.0 REGULATORY AND PUBLIC INTEREST GROUPS........................................................... 23 5.1 Contacts with Regulatory Agency Staff ........................................................................23 5.1.1 Summary of Re.\ponses from n,-. Rohin Trinde11. FWC .......................................24 5.1.2 Comments 011 Dr. Trindell Meeting Notes ...........................................................24 5.1.3 SlImmwy of Responses USFWS Meeting with Mr. Brad Rieck and Ms Trish ......... Adallls ........................ ........ ...... .............................. .......... ....... ............. .................25 5.1.4 SwnallllY of Responses - Meeting with Mr. Skip Bergman, USA CE; Ms. Lucy....... Blair, FDEP; and Mr. Ricardo Zambrano. FWC ................................................26 5.1.5 COII/II/ents on the 29 October 2004 Meeting ........................................................28 5.2 Contacts with Environmental Interest Groups ............................................................29 5.2.1 SWJllllal)' of Public Meeting 28 October 2004 ....................... .............................. 29 6.0 DISCUSSION AND RECOMMENDATIONS..........................................................................32 REFERENCES APPENDIX A APPENDIX B APPENDIX C Shon History of Sand Dollar Island Chapter 380.05. F.S. (Florida Statute Concerning Critical Wildlitè Areas Big Marco Pass Critical Wildlife Area Description Chapter 68A-14, F.^-C. (Critical Wildlife Mea Enabling Legislation) APPENDIX D APPE!\'DIX E Conservancy of Southwest F]oriùa Position Statement Concerning Big Marco Pass Critical Wildlife Area Designation v ,-, APPENDIX F APPENDIX G APPENDIX H APPENDIX I APPENDIX J APPENDIX K APPENDIX L APPENDIX M APPENDIX N APPENDIX 0 Agenda Item NO.1 00 April 12, 2005 Page 13 of 161 Piping Plover Critical Habitat Unit FL-27 - Marco Island (Description and Location Map) Summary of Avian Data, Sand Dollar Island Ted Below Report "Marco Tnlet - An Important Waterbird Site" Big Marco Pass CW A Bird Data Provided by Ricardo Zambrano (FWC) Marine Turtle Data Bacterial County Data for Tigertail Lagoon 200 I ~ 2004 Cross Sections Drawings ora Concrete and a Wood Walkway Copy of Sign-in Sheet for Public Meeting Held 2:00pm, 28 October 2004 at Collier County Parks and Recreation Administration Building Conservancy of Southwest Florida Position Statement Regarding Proposed Tigertail Beach Boardwalk Powerpoint Presentation - 28 October 2004 Public Meeting LIST OF FIGURES Figure 1.1 Project Location, Marco Island, Collier County, Florida.........................................................2 Figure 1.2 Tigertail Beach Park: Car Numbers by Month..................................................................·.·...·4 Figure 2.1 Big Marco Pass CW A Bird Nesting, feeding, and Resting Habitats 1999-2004...................11 Figure 2.2 Vegetation Community Mapping September 2004 Based on Most Recent Aerial Photograph. (2003) ... ................ ....... ............. ........ ....... ..... ........................................ ................ ...... ............ 14 Fi~ure 3.1 Side View of Boardwalk ........................................................................................................18 Figure 4.1 Three Boardwalk Orientations and One Tramway Alternative..............................................2I Table 2.1 Table 4.1 Table 5.1 LIST OF TABLES Sand Dollar Island Habitat Charactenstics.............................................................. ............... 15 Impacts Resulting from Proposed Beach Access Altematives...............................................22 Attendance of Key Regulatory Personnel at Meeting Concerning the Proposed Project.......23 VI 1.0 INTRODUCTION Agenda Item No. 100 April 12, 20r Page 14 of 1L The Collier County Department of Parks and Recreation contracted Taylor Engineering to evaluate the feasibility of a boardwalk from Tigertail Beach Park to Sand Do ]ar Island. The objectives of the project were to: · Collect and assess existing information, together with new natural resource mapping · Develop a conceptual plan for a proposed wooden or concrete boardwalk · Coordinate the boardwalk concept with environmental agencies and groups Toward the end of the project, the County incorporated consideration of a beach tramway as a possible alternative to a boardwalk. Chapters in this report address the subject areas described in the Scope of Services. In order, chapter sections include the foJIowing: · This introduction, with a short description of the project location and project objectives · An evaluation of the existing environment, environmentally related designations of land within the project area, general natural resource information on site, and a natural resources map identifying areas this project wiJI likely affect · A conceptuaJ boardwalk design and a description of impacts due to the proposed structure · A summary of the contacts and meetings with environmental agencies and groups · A summary of the findings and recommendations 1.1 Project Location Marco Island is located on the southeast Gulf of Mexico shoreline of CoJlicr County, Florida. Big Marco Pass, an unimproved inlet, forms the northern boundary of the Marco Island mainland and Sand Do ]ar Island. Sand Do ]ar Island, presently a developing barrier island peninsula, extends from the Gulf Beach of Marco Island adjacent to (west of) Tige11aiJ Beach County Park northward toward the northern extremity of Marco Island (Figure 1). A lagoon separates Tigertail Beach County Park from the Sand Dollar Island area and the Gulf of Mexico shoreline. The peninsula, about 69 acres in area, is growing at a rate of about 2 acres a year (Taylor Engineering 2002). Appendix A provides a short history of Sand Dollar Island extracted from that report. ,,---, Agenda Item No. 100 April 12, 2005 Page 15 of 161 Collier County, Florida Project Area Figure 1.1 Project Location, Marco Island, Collier County, Florida 2 1.2 Project Objectives Agenda Item NO.1 00 April 12, 20Cv- Page 16 of 1l At one time, Tigertail Beach Park on Marco Island dIrectly fronted the Gulf of Mexico. Aerial photographs reveal that between 1973 and 1981, Sand DolJar Is1and appeared offshore north Marco Island as a sandbar. The offshore bar elongated and m1grated eastward before attaching itself with the Marco Island mainland in 1992 (Tay10r Engineering, 2003). By attaching itself to Marco Island, the island enclosed TigertaìI Lagoon north of Florida Department of EnvIronmental Protection (FDEP) survey monument R- 133. Fewer visitors come to TigertaiJ Park now than in the past when it fronted the beach. The Gulf beach is now approximately a quarter of a mile directly west, across the lagoon, over Sand DolJar Island. Collier County Parks and Recreation Department would like to attract more visitors to Tigertall Beach Park by providing them a convenient and safe access to the Gulf shoreline. Attracting more visitors to Tigertail Beach Park would achieve a second objective, namely reducing to a manageable number the visitors to the south beach. The County would like to meet these objectives with a boardwalk from Tigel1ail Beach Park to the Gulf shoreline over the lagoon and Sand Dollar Island. As envisioned, the boardwalk would support foot traffic as well as golf cart transportation like the boardwalks at other county beach parks. Tigertail Beach Park provides one of two public access points to the Gulf of Mexico beach on thc west side of Marco Island in ColJier County FL (Figure I). The Park sits near the north end of the island. The only other Gulf access point on Marco Island is a narrow easement between two condominiums near the south end of the island. This southern access point leads directly to the Gulf shoreline, a locale desirable to many beachgoers. The County has limited parking (70 spaces) adjacent to the south beach access. Those spaces fill early during the peak-use winter season from December through mid-April (unpublished data - county park gate receipts). In contrast, the extensive parking lot (over 300 spaces) at Tigertail Beach Park rarely fills. The attendance at Tigertail Park has [alien in the past several years since Sand Dollar Island connected to Marco Island. (Marla Ramsey, Collier County Personal Communication; :Figure 2.1: Number of Cars parked by month estimated from gate receipts FY 00-01 - FY 03-04) The island now separates the Gulf of Mexico shoreline from the park by about 0.25 mile (about 1,300 feet in a path directly west from the park amenities area across the lagoon). The preferred access path to the Gulf shoreline along the beach proceeds south and then \vest about 0.55 mile (about 2,900 feet) and passes in front of condominiums located just south of Tigertai] Beach Park. Many of the visitors to the park take thIs route to the shoreline. 3 ............. Agenda Item NO.1 00 April 12, 2005 Page 17 of 161 Tigertail Beach Park: Car Numbers by Month 9,000 8,000 7,000 6,000 5,000 III FYOO01 Cars .FYOI-02 4,000 [] FY 02-03 DFY 03-04 3,000 2.000 1.000 FY 03_0(ug ¡uJ Year Figure 1.2: Number of Cars per I11lHlth Parked at Tigenail Beach over fOllr years - October 2000 - August 2004. Numbers are total gate receipts divided by the car parking charge. An informal survey of Collier County officials elicited the following comments regarding TigertaiJ Park: · County staff responsibk for managing the site report illegal parking near the south beach acœss point on streets and on the adjacent grassed areas, and crowding on the beach. They also repol1 ticketing from the Marco Island Police has not reduced the problem to manageable levels_ A boardwalk would make the Gulf shoreline more accessible from Tige.rtail Beach Park and reduce pressure on the "oulh beach and beach access. · People who come to Tigertail Beach Park (paying the $4.00 access fee for parking) often complain when they discover that Sand Dollar Island denies immediate access to the Gulf. · The County reports that adjacent condominium dwdkrs complain about the foot traffic in front of the condominiums. The traffic is park visitors walking to the Gulf shorelinc. 4 Agenda Item NO.1 00 April 12, 200¡:: Page 18 of 1( · Several paths, cutting straight west across the lagoon and through critical wildlife habitat on Sand Dollar Island, have dcvclopcd as people take the shorter direct routc to the Gulf shoreline. The County park ranger (Carol Buckler) reports that many visitors feel uncomfortable crossing the lagoon to access the shoreline given a ]agoon bottom covered with sea gTass and a layer of orgamc matter ("muck"). A boardwa]k would reduce or eliminate this activity. · Three drowning deaths have occurred in the lagoon. The County believes a boardwalk over the lagoon would largely elimmate this public safety issue. · Staffs who maintain the beach note a litter problem, with beachgoers spread over a very large area unwilling to manage their waste. Beachgoers often leave largc amounts of trash on the beach rather than carry it on the long walk back to the park and parking lot. The County feels that a boardwalk would help focus the beachgoers and improve management ~ from policing visitor behavior to picking up trash ~ of the area. 5 ............... Agenda Item No. 100 April 12, 2005 Page 19 of 161 2.0 NATURAL RESOURCE SURVEY One project objective was evaluation of existing natural resources at the proposed boardwalk site. Taylor Engineering used literature concerning the island, aerial photographs, and a field trip to develop a natural resources survcy of dominant vcgetation and habitat areas. Available mformation included official environmental desif:,YTIations of the site, technical documents concerning Florida barrier island development and communities, descriptions of other, similar habitats in the general region of coastal southwest Florida, and interviews \vith county and state professional staff professionally involved with the site. 2.1 Official Environmental Designations The following official state and federal environmental designations apply to the project area. The entire area under consideration for the boardwalk project is included in each designation: 1. State of Florida ~State Lands and Sovereign Sl!!:>merged Land -Land below the mean high water elevation on Sand Dollar Island is state land, and Tigertail Lagoon is sovereign submerged land. Informally, the county park ends at the westward edge of Tigertail Park's vegetation. The land west of that point below the mean high water eJevation (+ 1.66 ft) is sovereign land. Wc were unable to determine if the FDEP, within the area of interest, has established an erosion control line (ECl), the other official means of defining state land boundaries. The Florida Department of Environmental Protection (FDEP) determines the location of the ECl on a site-specific basis [Rule 62B-33.024(l), F.A.C.]. The State of Florida clearly owns a major portion of the land west of a TigertaiJ Park and may own it all. Tigertail Lagoon and at least a large portion of Sand Dollar Island are state lands. The incomplete status of the legal definition has not hindered state and federal agencies in defining the area. They consider all the land cast of the Park vegetation line state public property. For the purposes of this study, Taylor Engineering assumed that the area is state land and sovere1gn submerged land, and that a Joint Coastal Permit would be required for a boardwalk proJect. 2. State of Florida - Critical Wildljfe Area (CW Ai - Chapter 3!::O.05 Florida Statutes (F.S.) (Appendix B) defines Critical Wildlife Areas as areas established and posted "to minimize the adverse impact on wildlife due to man-caused disturbance or destruction." The Big Marco Pass CW A encompasses the entire project area to a distance 300 feet offshore in the Gulf and continues north of the project site (Appendix C). The Florida Fish and Wildlife Conservation Commission (FWC) has the authority and 6 Agenda Item No. 100 April 12, 20r'"" Page 20 of 1, responsibility to post areas on a 365 day/year basis to meet its statutory responsibility. The CW A provides nesting, foraging, and resting habitat for a large number of migratory bird species. Resident bird populations also use it extensively. Marine turtle nesting occurs on the gulf beach. The lagoon is a breeding ground and habitat for a variety of invertebrate species including a variety of gastropods (shelled mollusks such as conchs), seahorses, and habitat for j uvcnilc fishes (David Stitcs, Personal Observation September 2004). Appendix D contains the enabling legislation (Chapter 68A-14, F.A.C.) for establishment of designated areas in Florida including CW As. The Conservancy of Southwest Florida was a staunch supporter of the CW A designation for Big Marco Pass. Appendix E contains the Conservancy's position statement concerning the Big Marco Pass CW A designation. 3. State of Florida Critical Nesting Habitat for Threaten~d and Endangered M¡lfine TurtkL(State Endangered Species Act, Chapter 372.072 F.S. and 68A-27 F.kC.) - State statutes protect all sea turtles found within the state. The state considers al1 Florida beaches potential nesting habitat for one or more threatened or endangered marine turtle species. Florida partners in the implementation of the species-specific marine turtle recovery plan developed by the u.s. Fish and Wildlife Service (USFWS). All Florida counties with beachCront have either volunteer or paid turtle monitoring programs. Col1ier County provides this service to the Florida Fish and Wildlife Commission. Maura Kraus, an environmental specialist with the County, holds the permit for this activity within Co11ier County. 4. Federal Government Critical Habitat for Wintering Piping Plovers (Rule 50 CFR Part 17, Federal Register 2001, Vol. 66 No. 132, pgs 36037 - 36143) - The following excerpt from the aforementioned rule briefly describes the methods and data used by the U.S. Fish and Wildlife Service to identify critical habitats for wintering piping plovers: "In determining areas that are essentia1 to conserve the wintering population of piping plover, we so1icited information from knowledgeable biologists and reviewed the available information pertaining to habitat requirements of the species. We used areas identified in approved recovery plans and current draft recovery plans to initia1ly suggest important areas essential for the recovery of the species. Thcse arcas wcre then further evaluated using site-specIfic data, such as documented bird observations. To map areas essential to the conservation of the species, we used GIS (described in our responsc to comment G.3) and data on known piping p10ver wintering locations, digital aerial photographs and regional shorelinc-dcfining electronic files. Sources of data providing 7 - Agenda Item NO.1 00 April 12, 2005 Page 21 of 161 these locations include two international piping plover censuses (conducted by State and Federal biologists and local birders) carried out in January of 1991 and 1996, published reports (a complete list of all references cited in this final rule are available upon request from the Corpus Christi Ecological Services Field Office, see Addresses section), Christmas bird counts, and other data from surveys focusing on shorebird distribution and abundance". (Federal Register accessed via www.gpoaccess.gov/fr/index.html) The Tigertail Beach / Sand Dollar Island project area is one of 137 areas along the Atlantic and Gulf of Mexico shorelines identified as critical habitat for the wintering population of the piping plover (Charadrills melodlls). The tenn "critical habitat" identifies specific areas "essential to the conservation of a listed species and may require special management considerations or protection" (Federal Register 2001). For the piping plover (an Endangered Species as defined by the Endangered Species Act of 1973), critical wintering habitat elements include foraging, sheltering and roosting sites. These elements occur in intertidal areas, mudnats, and dune areas above high tides. All of these habitat elements occur within the project area. The Critical Habitat Area (Appendix F: Unit FL-27) begins at the south property line of the fourth condominium south of Tigertail Beach County Park and includes the entire area northwest of the vegetation line on Marco Island, the unvegetated beach immediately in front of Tigertail Beach Park and al1 of Sand Dollar Island including all associated sandbars, intertidal areas, and exposed land. 5. Federal Government - Coastal Barrier Resources Act (CBRA) - The 1982 Coastal Barrier Resources Act included the Tigertail Beach Park / Sand Dollar Island area under its legal umbrella. The Act limits the use of federal resources in those areas identified as coastal barrier resources. "It is the essence of free-market natural resource conservation; it in no way regulates how people can develop their land, but transfers the full cost from Federal taxpayers to the individuals who choose to build in the areas so designated" (US Fish and Wildlife Service website \\:\\:~y.r\\s.on! 2004). 2.2 Existing Environmental Information Taylor Engineering summarized existing information on the site from previous studies, from data provided by the Audubon Society of Collier County, and from interviews with local, state, and federal wildlife management professionals. 1. Sand Dollar Island is a developing, possibly temporary (at the time seale of decades) barrier island. fts ecological importance stems in part from the scarcity of natural banier islands as the result of 8 Agenda Item No. 100 April 12, 20r Page 22 of 1L shoreline development [Ricardo Zambrano (FWC), personal communication October 2004; Trish Adams (U.S. Army Corps of Engineers), personal communication 2004). 2. Taylor Engineering developed a history of the physical changes to Sand DoHar Is1and (Taylor Engineering 2002). They currently monitor the area under a contract with Collier County. The most recent survey. summer 2004, is part of that contract; the corresponding report is yet uncompleted. 3. Ted Below, President, Collier County Audubon Society provided the best source of information concerning the bird community of Sand Dollar Island. He authored a report for Collier County that gives a description of the bird community on the island. He also proviùeù part of the information used to develop the description of the federal habitat designation for piping plover and for the state critical wildlife area. Although an incomplete list of birds found on the site, Appendix G (an Audubon Society unpublished document) gives a typical annual assemblage (Ted Below ~ personal communication, 2004). Appendix G also contains a map of the Audubon Society's Important Bird Areas of Florida (southern peninsu1a only), which includes the subject project area. Mr. Below authored a report for Collier County which details the importance and usage of Marco Inlet (which refers to the gulf pass shoal system created by the confluence of Big Marco Pass, Little Marco Pass, and Capri Pass) by coastal waterbirds (Appendix H: Marco Island: An Important Coastal Waterbird Site). 4. The Big Marco Pass Critical Wildlife Area (CW A) provides year-round habitat for a variety of avian species. Diving birds, including terns and cormorants (Slerna sp, Rychops sp. Pelecanus ~p, Phalacrocora.x: sp) forage, rest, and nest on the island during the summer months. Shorebirds, including plovers (Charadrills spp, Pluvialis sp), oystercatchers (Haell/alop/ls pallialus), and sandpipers (Catoptrophorolls semipalmatlls, Tringa sp, Limosa sp, Areflaria sp, Calidris sp, Lilllllodromolls sp), forage and rest on the is1and in preparation for the summer breeding season (Unpublished data, FWC). During the 2001-2002 year, FWC monitored an II-acre area on the island; biologists reported 200 nests and 3,000 individual birds during the breeding season (FWC, 2002). During the 2002-2003 year, FWC momtored a 60-acre area during the breeding season. Biologists reported 500 nests and 3,000 individual birds (FWC, 2003). Appendix J (unpublished data provided by Ricardo Zambrano, February 2005) provides nine years of single day observation data of avian species counts within the CW A on Marco Island. 5. Big Marco Pass Critical Wildlitè Area Manager (Mr. Ricardo Zambrano, FWC) provided the locations on Sand Do1lar Island \vhere, over the last five years, FWC has restricted human acccss to protect wildlife activity (Figure 2.1). The protected areas begin at the southern extent of the Sand 9 -. Agenda Item NO.1 OD April 12, 2005 Page 23 of 161 DoHar Island vegetation, and extend north welJ past the northern boundary of Tigertail Park. The cordoned areas used for nesting include the un vegetated beach from the seaward edge of vegetation west a]most to the water line. FWC cordoned mudflats and intertidal areas to the east of the nesting areas to protect resting and feeding areas. 6. Maura Kraus, a Collier County Natural Resources employee, keeps records of turtle activity for the entire county and stays directly involved in marine turtle counts, nest marking, and related field activities throughout the county, including Sand Dollar Island. Of the federally listed marine turtle species, only loggerhead turtles currently use the project area as a nesting site. Kraus provided marine turtle emergence data (false crawls and nests) from 1990 - 2004 for Collier County beaches separated into seven beach units including Marco Island (Appendix J: Kraus et a!. 2001, 2002, 2003). Appendix J also contains sea turtle emergence data (2000 - 2002) separated according to FDEP reference monument locations on Marco Island. The data show higher levels marine turtle nesting activity, including nesting success, on Sand Dollar Island than on other stretches of gulf beach on Marco Island. In a c.1iscussion concerning sea turtle nesting on Sand Dollar Island, Kraus stated that nesting success and false crawl ratios are similar to those at other relatively undisturbed areas of the Florida coast (Maura Kraus - personal communication, 2004). The other federally listed turtle species present in Florida waters have appeared in local waters. The Estero Bay Aquatic Preserve (slightly north of Marco Island on the Florida Gulf coast) lists the presence of al1 five listed marine turtle species (Atlantic loggerhead turtle, Atlantic green turtle, Atlantic Hawskbill turtle, Kemp's ridley turtle, and leatherback turtle) found in Florida (Estero Bay Aquatic Preserve website, 2004). Rookery Bay National Estuarine Preserve, located slightly to the south of the project site, lists all but the 1eatherback as using that area (Rookery Day National Estuarine Research websìtc, 2004). 7. Full time county park ranger Carol Buckler provided an overview of the conditions in Tigertail Lagoon. She stated that the area represents a very healthy and diverse estuarine system. She said that the lagoon provides a permanent habitat for a large variety of mollusks and some bivalves; a large variety of tish, including sea horses, forage fish, and Juvenile game fish also use the area. She said that while the lagoon occasionally becomes somewhat stagnant, it remains open at the north end to Big Marco Pass, and water exchange with the adjacent Pass typically results from daily tidal l1uctuations and occasiona l1y from \vind. 8. Bacteria count data collected by Collier County for FDEP in Tigertail Lagoon (Appendix K: unpublished data) shows that most of the "Poor" and "Moderate" water quality conditions occur in the summer months. When Tigertail Lagoon becomes warm and stagnant, the water may present a health hazard. 10 Agenda Item No. 100 April 12, 20('11"" Page 24 of 1l i.:).FÞ«èCK,v.,c.Jc Pc.::,k~ (-\a.u>s \ ~ H -~o~~ ~ \'J5STdlJ (. \':'~:t:-¡~.:. Ü \. r J ,!~ ¡\ f,.j ¡-, -t-"_I::: ~ \" \ N L Figure 2.1 Big Marco Pass CW A Bird Nesting. Feeding. and Resting Habitats 1999-2004 (Unpublished data provided by Ricardo Zambrano. FWC Big Marco Island Critical Wildlife Area Manager) ] I -. Agenda Item No. 100 April 12, 2005 Page 25 of 161 2.3 Field Survey and Habitat Mapping 2.3.1 Methods Dr. David L. Stites, Ph.D. and Mr. Chris Ellis, Taylor Engineering environmental scientists, conducted a qualitative habitat field survey of the site on September 9 and 10,2004. Before going into the field, they reviewed existing infonnation on the site, including ot1ìcial habitat designation described above, beaeh habitat zones found in Myers and Ewel (1991), and 2003 aerial photographs Collier County provided. They identified overall site characteristics and potential natural resources in the project area to develop a basic approach to the survey. They used recent (2003) aerial photographs to create an approximate habitat map based on distinguishable habitat "signatures," or vegetation zones, shown in the images. This survey, conducted without the use of precise positioning equipment (i.e., GP8), did not providc formal delineations. 1. They walked the 69-acre Sand Dollar Island area from south to north, Tigertail Lagoon and the beach area at the park and the Tigertail Beach Park edge to examine thc coastal barrier island habitats, water eolunm, and benthic conditions in the lagoon area and the immediate offshore benthic habitat. 2. They then focused on the area of most likely boardwalk placement between fDEP monuments 8D-I and R-136 (Figure 2.2). They visited each habitat identified in the 2003 aerials and recorded general habitat conditions and dominant plant species and associations. They also recorded any additional habitats or changes in habitat boundaries. 3. They revised the aerial map using their field notes. They used habitat names for beach and mangTove environments found in Myers and Ewe I (1991). 2.3.2 Results Comparisons of aerial photographs taken over the last 15 years show that Sand Do11ar Island is a highly dynamic and rapidly developing barrier island system containing a variety of natural habitats. Taylor Engineering identified nine habitats within the project area (Figure 2.2 and Table 2.1) and used names for each habitat consistent with those for similar beach and mangrove habitats found in Myers and Ewel (1991). Many of the habitats on Sand Dollar Island are transitional or successional in nature and do not fit completely with descriptions of the mature plant associations found in Myers and Ewe! (1991). 12 Agenda Item No. 100 April 12, 20' Page 26 of 11- The most mature habitats exist within the Tigertail Beach Park, east of the barrier island system. A band of mature mangroves bounds the Tigertail Beach Park parking area (Figure 2.2: Area 9). A mature upper beach and fore dune system (Figure 2.1: Area 4) borders those mangroves on the west. Unvegetated beach (Figure 2.2: Area I) surrounds Sand Dollar Island and forms the east side of Tigertail Lagoon. The highest e1cvations of the unvegetated Gulf Coast beach of the island provide suitable nesting habitat for marine turtles. According to nesting data, the loggerhead turtle is the only species currently nesting along Sand Dollar Island beaches. The un vegetated beach also provides shorebird nesting and resting habitat. The successional-transitIOnal zone (Figure 2.2: Area 5) is adjacent to the unvegetated beach habitat. This zone includes both upland and wetland vegetation associations that change as elevations change and the community ages. The upland component contains both weedy species such as broom sedge and grassy species characteristic of a more mature habitat. As sand continues to accumulate in the low areas upland species wi]] replace wetland vegetation. Over time, continued accumulation of both water-deposited and windblown sand will likely develop this area into a more typical Gulf Coast dune plant community. The sparsely vegetated area between the unvegetated beach and successional transitional zone provides valuable nesting habitat for shorebirds, namely least terns and black skimmers. Area 5 contains most of the habitat characterized as transitional zone and high saltwater marsh (Figure 2.2: Area 6). Similar to Area 5, Area 6 sits at a slightly lower elevation and contains a greater abundance of wetland vegetation. Over time, Area 6 will likely develop into habitat similar to Area 5. Vegetated areas immediately surrounding the lagoon (Figure 2.2: Areas 7 and 8) contain an abundance of saltwater marsh and mangTOve vegetation. The lagoon itself (Figure 2.2: Area 2) contains both open water and sea grass habitat. Sea grasses cover 25 - 50% of the lagoon bottom, which is about four feet deep in the middle, with small areas of deeper water. The western edge of the lagoon includes intertidal mudflats where a wide variety of wading birds and shorebirds forage and loaf. Small isolated pools (Figure 2.2: Area 3) indicate remnants ofa larger lagoon slowly filling with sand. 13 --- OL()~ 00<.0 o~ ~N_ c:i .0 ZNr--- ~N Eï=Q) We.. +-' ..-, o o <::! .r:. ~ 5:u a Õ .r:. Q.. ,.;¡ ï:: 'U -< - I:: <U U 'U c::::: z o ¿ t: ":t o "'0 <¡) z ~ X Ó o ('I .... V ..r::, ¡::: ¡:¡ õ.. 'U V) oj) t: 'õ.. 0- ~ ¿ ~ ::¡ E E a U t: o ::;; 1) bD <¡) > "! ~ Q.> r.. = .~ .... Agenda Item NO.1 00 April 12, 20(''- Page 28 of 1l Table 2.1 Sand Dollar Island Habitat Characteristics (See figure 2.2 for habitat locations) ..o..,."'.o"""_."=II'''''_~'''''''''''''''''_'.'''' Area # Name - Common Name Dominant Vegetation Scientific Name Unvegetated Beach 2 Open Waler / Seagrass (25-50% coverage) 3 Open Water (small unvegetated pools) 4 Upper Beach / Foredune I Grass-Scrub Savannah 5 Successional Transitional Zone 6 Transitional Zone I High Saltwater Marsh 7 Mixed Mangrove / Saltwater Marsh 8 Saltwater Marsh 9 Mixcd Mangrove N/A Shoal Grass N/A Broomsedge Sand bur Sea Grape Dune Sunflower Inkberry Railroad Vine Seashore Elder Sand Cordgrass Sea Oats Broomsedge Sandbur Fingergrass HUrricane Grass Railroad Vine Seashore Elder Seashore Dropseed Sea Oats Broomsedge Saltwort Fil1gergrass Hurricane Grass Seashore Elder Sea Purslane Seashore Dropseed Black Mangrove Salt\vort Buttonwood White Mangrove Red Mangrove Sea Purslane Marshhay Cordgrass Seashore Dropseed Seashore Dropseed Black Mangrove Red Mangrove N/A Ha/odu/e wrightii ~¡A Andropogon sp. Cenchru.l' Sp. Coee%ba uvifera Heliallthlls debilis ¡¡¡ex glabm Ipomoea bra.l'iliellSi.l' lva imbrieata Sparrina bakeri Uniota pal/icula/a Andropogon sp. Cenchrus !ip. Eustaehys sp. Fimbristylis cymosa Ipomoea brasiliensis Iva imbricata Sporobolous virginieus VI/iota panieulara AlldropogO/l sp. Baris maritima Eustaehys sp. Fimbristy{¡s cymosa ilia imbrica[{{ Se.l'lIviulII {JortulllCa.l'trllTfl Sporobolou.l' vìrginicus A vieel/nia gerlllinans Batis maritima Conocmplls ereetus Lagunnl!lIria race1110SlI Rhi:;op/IO/,(/ mangle Sesuvilll/ porfu/aCa.l'trwlI Sparfilla pml'lls Sporobololls vÌlgiJlicl/s Sporo/wlollS virginiclls Avicennia gl'rminans Rhizophora mangle '-~ 15 - Agenda Item No. 100 April 12, 2005 Page 29 of 161 3.0 ßOARDW ALK CONCEPTUAL DESIGN At the project inception, Collier County requested a conceptual boardwalk design extending from the western edge of Tigert ail Beach County Park aeross Tigertail Lagoon to the Sand Dollar Island beach located on the Gulf of Mex.ico. It needed to support an eight-person golf cart and withstand a 50-year return period storm. Toward the end of the project, Collier County identified a beaeh tramway alternative for inclusion into this report. Prior to beginning design, Taylor Engineering met with county staff and took a fìeJd trip to Lovers Key State Park in Lee County and Clam Pass County Park (Collier County) to see designs for similar structures and to evaluate how those structures had fared in the recent hWTicanes. Given the state of the structures visited and discussions during that trip, the County requested Taylor Engineering consider a concrete conceptua1 design in addition to a wooden design. The damage to the wooden boardwalk on the Gulf of Mexico at Lovers Key Park suggested that a boardwalk at Tigertail Beach (fully exposed to the Gulf) would require greater piling strength than the boardwalk at Lovers Key. We considered two boardwalk cross section designs (Appendix L: Concrete and Wood Boardwalk Cross Sections). The alternatives are both approximately 14 ft wide. A pre-cast, reinforced concrete cap on top of two drilled pre cast concrete piles supports the bridge sections for both designs. An aU-concrete bridge section includes pre-stressed hoUow corc concrete slabs and a 2-inch thick concrete structural topping. The wood alternative consists of several wood stringers supporting a plank wood deck. Rails for both designs are wood (or a composite matcnal). We cannot specifically guarantee the capability of a conceptual design to withstand a 50-year return period storm. However, Taylor Engineering determined that the type of materials selected and the basic designs shown here would, when engineered properly, meet that specification. We set the elevation of the structure based on Florida Department of Environmental Protection (FDEP) elevation standards for storm surges common to for the area. The 50-year design stom1 surge elevation, (National Geodetic Vertical Datum 1929 or NGVD 1929), is + 11.5 f1. The conceptual design positions the bottom of the boardwalk's slab or the bottom of the wood stringers at that elevation. For the Sand Dollar Island area, the mean low water and mean high water occur at elevations of +1.66 ft and -0.64 ft (NGVD 1929). This provides clearance, from 9.84 ft to 12.14 ft, for small boats, kayakers, and swimmers to pass under the boardwalk. Side views of the general design (Figure 3.1) illustrate the approximate appearance of the boardwalk. We calculated that pilings spaced about 25 feet apart could support a pre-stressed hollow core 16 Agenda Item No. 100 April 12, 2001: Page 30 of 1( concrete slab design. Wooden beams and stringers require pile spacing of about 14 feet. This results In 192 and 244 piles for concrete and wood designs respectively. If we specified wooden piles to support the boardwalk, the number of piles would approximately double that of concrete and reqUlrc additional bracing. A design providing wider spaces between pilings would require a larger, stronger, prestressed slab. The increasing thickness of the slab would likely offset any visual benefit of fewer pilings. Using concrete for the slab of the boardwalk has several advantages. Concrete can resist weathering better than wood and requires almost no maintenance compared to wood structures. Although the initial (capital) cost of the concrete stnlcture would exceed that of wood, the higher maintenance costs for the wood structure would likely offset the difference. Boardwalk construction could proceed in severa] steps. One construction objective at this site is to work as much as possible on and from the already constructed boardwalk to keep men and equipment off the lagoon bottom. A contractor could large]y meet this objective for construction of the upper components of either design. Step one requires the use of a crane-mounted pile driver sitting on the lagoon bottom to set the pre cast concrete piles. Step two involves placing and securing the pre-cast concrete caps. In step three, the pre-cast concrete slabs or the wood stringers are placed. A contractor might perfom1 steps two and three primarily /Tom the most recently constructed section of the boardwalk. The last steps for the concrete structure involve pouring the surface concrete layer and curb and attaching a rail of wood or composite material. The contractor could work from the new boardwalk surface. For a wooden boardwalk, the builder could fasten the boardwalk planks and rail structures from the already constructed end onto the most recently placed stringers. 17 -, Agenda Item NO.1 00 April 12, 2005 Page 31 of 161 Dimensions approximate \ 6ft / ¡ 1 0 feet 4 Variable - 1 Sand --J Figure 3.1 Side View of Boardwalk Design 4.0 POTENTIAL BENEFITS AND IMPACTS OF A BOARDWALK A boardwalk or beach tramway at Tigertail Beach will provide benefits and cause impacts the benefits accrue primarily to the users of the structure. The impacts are to the barrier island ecosystem. 4.1 Potential Boardwalk Benefits Beachgoers and the County would become the primary beneficiaries of a boardwalk or beach tramway. Either would provide beachgoers a more direct path to the beach. Either would likely reduce the level of use at the South Marco Island public beach and beach access area. A motoriœd access route would provide emergency services personnel easier access to the Sand Dollar Island shoreline area. Providing such access would likely reduce the creation of informal pathways across the lagoon amI Sand Do!lar Island to reach the beach. It would provide a safer means to reach the shoreline. 4.2 Potential Boardwalk Impacts Environmental impacts can occllr 111 three forms: direct, indirect, and cumulative (Procedural Provisions of the Nationall::nvironmcntal Policy Act 40 CFR ~~ 1500-1508). In addition, impacts may be temporary or permanenl. Direct impacts are those the project causes at the same time and place. In this 18 Agenda Item No. 100 April 12, 200'- case, direct impacts occur within the footprint of the structure (the area beneath the boardwalk) and ~ftRi~ 32 of 1€-. shadows cast by the boardwalk. Indirect effects occur later In time or outside the project footprint. Indirect, but reasonably foreseeable effects may include "retarding or reducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems" (40 CFR § 1508.8). Cumulative impact results from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but co]]ectively significant actions taking place over a period (40 CFR § 1508.7). Regulatory agencies do not necessarily attach different levels of importance to the different types of impacts in their evaluations. Temporary impacts will cease with the end of construction. Permanent impacts wi]] remain or develop because of the construction and the use of the structure. One objective of the conceptual design is to minImIZe the impacts of a boardwalk on the environment. We characterized the likely impacts and made some area estimates of permanent direct impacts of a boardwalk. We considered impacts of boardwalk construction, of the boardwalk footprint, of the increased activity on the beach that would result from the use of the boardwalk, and the cumulative effect over time of the entire set of impacts. We provided four possible transportation avenues: three orientations of a boardwalk to Sand DoJlar Island and one beach tramway alternative. (Figure 4.1) · Orientation A: The boardwalk extends southwest from the Park amenities to the Sand Dollar Island gulf beach. · Orientation B: The boardwalk extends south from the Park amenities to the gulf beach. · Orientation C: The boardwalk begins at the last existing parkmg lot walkover to the lagoon area and extends southeast to the mid-beach in front of the third condominium complex. · Tramway Alternative: The beach tramway path, designed to accommodate a golf cart carrying 8-] 0 passengers, begins at the south end of the parking lot, passes through the man!:,'Tove stand, and continues southwest around the lagoon tenninating mid-beach in front of the third condominium complex. A turnaround area at the end of the path will aHow for return trips. At the parking lot, the County should include minor amenities such as compostlng toilets, information kiosks, and trashcans. 19 .- Agenda Item No. 10D April 12, 2005 Page 33 of 161 We evaluated the environmental impacts for each of these alternatives (Table 4.1). Construction of a boardwalk would cause some direct, temporary impacts such as dust, vibration, increased traffic, noise, and damage to seagrasses in the construction area near the boardwalk footprint ends. Constructing the snorter boardwalk would reduce the duration of the temporary impacts given a shorter construction time and smaller construction site area. Construction impacts of the beach tTamway would relatively minor compared to those created by boardwalk construction. Pernlanent direct impacts of the boardwalk include the direct loss or degradation of habitat under and immediately around the structure. This is the result of the existence of piJings and any other parts of the structure that take up surface area, and the shading effects of the stTucture. These impacts would di ffer depending on the orientation selected (Tab]e 4.1). Boardwalk orientations A, B, and C generally affect the same types of habitats in roughly equivalent proportions. A boardwalk that originated at the parking lot would affect these areas plus impact the bordering mangrove community and foredune grasslands that Jies between the Tigertai] Beach parking lot and the unvegetated sand just west of the park border. Permanent direct impacts of a tramway would primarily accrue from sand compaction along the route and some space loss at the turnaround point near the beach. A variety of indirect impacts may result from the presence of a boardwalk: · The boardwalk would cause an increase in human activity within a sensitive environment This increased activity would increase the likelihood of disturbance of the habitat or animals and essential animal behaviors in the habitat. Increased disturbance of resting, feeding, nesting, mating. brooding, and rearing behaviors could occur. · Boardwalk use could disturb wildlife using areas through and over which the boardwalk passes. · The boardwalk would provide an easier access to the beach for animals such as raccoons or cats that do not typically occur on developing barrier islands. These animals would prey on species endemic to this environment or that require this environment to survive. Tramway impacts: Cumulative impacts of a tramway are primarily associated with increased human presence on Sand Dollar Island. Increased human presence, by tramway or boardwalk would like]y produce gradual degradation of the natural habitats on Sand Dollar Island. A reduction of island use by a re]atively wide variety and number of animals would like]y accompany this degradation. 20 OL()..- 00<0 ..-0..- .N_ o - 0 ZN~ ..-C') E= Q)L.Q) .....a. -«rn rn c.... "'C c: Q) en « ~ j o Ü ~ :3 o ü ~ ~a u - rn u c æ Il. « 0:: t:J ~ ~ ~ is '1.1 > :::¡ ('I E ~ ~ 2 ~ ¡:i ¡.: o c o -0 § z C o - - c .~ Ö .:.!. $ ~ '" o æ. "-J "-J .... ..c: ¡..... .¿. ~ ... = CL ¡z - Agenda Item No. 100 April 12, 2005 Page 35 of 161 Table 4.1 Estimated Impacts of Proposed Beach Access Alternatives __111- Vegetation Zone Impact Area (sq ft) Percent Total Impact Zone: 1 2 4 5 6 7 Total Impact Sq ft: 3630 6580 1825 5453 775 203 . ... __..H...·.._.._..··............··_d 18466 (0.42 ac) Area Description Percent: 20 Unvegetated Beach 36 Open WaterlSeagrass (25-50% coverage) 10 Upper Beaeh/Foredune/Grass-Scrub Savannah 29 Successional Transitional Zone 4 Transitional Zone/ High Saltwater Marsh 1 Mixed Ma~F:?v:./~~.~~water Marsh 100 Boardwalk Orientation B Zone: 1 2 4 5 6 Total Impact sq ft: 3660 9318 2182 4261 4618 24039 (0.55 ac) Percent: 15 39 9 18 19 100 Unvegetated Beach Open Water/Seagrass (25-50% coverage) Upper BeachlForedune/Grass-Scrub Savannah Successional Transitional Zone Transitional Zone/ High Saltwater Marsh .., ..._. ....~p.~.~",--.~~_.'-.,,_."'-- Boardwalk Orientation C Zone: I 2 5 7 Total Impact sq ft: 3934 13744 4044 2172 23894 (0.55 ac) Percent: 16 58 17 9 100 Un vegetated Beach Open Water/Seagrass (25-50% coverage) Successional Transitional Zone Mixed Mangrove/Saltwater Marsh Zone: I 4 9 Total Impact sq ft: 22546 1649 1969 26164 .=".._~(O.60 ac) .,-. -" ,. ...... Tramway Alternative Percent: 86 -=--'"':=~._'~<,..,""" 6 8 100 Unvegetated Beach Upper BeachIForedune/Grass-Scrub Savannah Mixed Mangrove 22 5.0 REGULA TORY AND PUBLIC INTEREST GROIJPS Agenda Item NO.1 00 April 12, 20r- Page 36 of 1l 5.1 Contacts with Regulatory Agency Staff Construction of a boardwalk from Tigertail Beach to the Gulf shore on Sand Do]Jar Island would require state and federal pennits. The state and federal regulatory personnel we contacted believed that the project would require a Joint Coastal Permit (JCP). Submittal of a JCP application would result in state and federal regulatory review. The Florida Department of Environmental Protection (FDEP) acts as the lead state agency for review of such pem1it appl ications. They wouJd receive the application package, distribute copies to other state agencies, and provide a copy to their federa] agency partner, The U.S. Army Corps of Engineers (lJSACE). The Florida Fish and Wildlife Conservation Commission (FWC) is a key review agency for the FDEP. The United States Fish and Wildlife Service (USFWS) is a key reviewer for the USACE. Taylor Engineering identified and contacted specific staff member or members from each of the key agencies that would review such a pennit application. Telephone conversations preceded an email with a simple project description and an aerial photograph of the site. A subsequent phone call to each regulatory staffer provided answers to initial questions. A date and time for a meeting was agreed. The FDEP termed the meetings "pre-application meetings" (i.e.. a meeting with the agency to discuss a potential project before development and submission of a fonna] permit application). David Stites, Taylor Engineering, had meetings with the identified representatives from a]] key agencies (Table 5.1). Clinton Penyman, the project manager for Co]]ier County, attended the October 29 meeting as well. A1I meetings occurred in October 2004. Table 5.1 Attendance of Key Regulatory Personnel at Meetings Concerning tbe Proposed Project Name Dr. Robin Trindell Mr. Brad Rieck Ms. Trish Adams Mr. Ricardo Zambrano Agency, Function FWC, Administrator, Marine Turtle Protection Program !JSFWS Fish and Wildlife Biologist USFWS Fish and Wi]d]ife Biologist FWC. Big Marco Pass CW A manager 10/29/2004 -'~__11~ Date Meeting Location ~orthem Duva] County Vero Beach Office 10/12/2004 10/27, 2004 Ms. Lucy Blair FDEP: Environmental Resource Permit Administrator, Ft. Myers Office ] 0/29/2004 FDEP offices, Ft. Myers USACE Mr. Skip Be~£I:I1an 10/29/2004 . ""'"'_,,__,~,ò\w~ 23 Agenda Item No. 100 _, April 12, 2005 Page 37 of 161 5.1.1 Summary of Responses frolll Dr. Robin Trim/ell. Flye Dr. Trindcll twice discussed the project on the telephone. We met and discussed the project with her in northern Duval County. Dr. Trindell expected that the proposed boardwalk would increase human traffic in turtle nesting habitat on Sand Dollar Island. This appeared to her an unavoidable consequence regardless of the boardwalk's final placement across the lagoon. Direct and indirect impacts to marine turtle habitat and nests could result. For example, the increase in human traffic would increase the likelihood of direct damage to nests by activities such as humans walking on a nest site. The increased traffic would also likely increase the amount of waste (food, etc) that visitors would leave on the beach. An increase in animals such as raccoons, turtle nest predators attracted to these wastes, might likely also occur. A pennit review would have to consider the potential for such impacts through direct and indirect mcans and the cumulative result of those impacts. Dr. Trindell said her office might very likely make a recommendation for an Incidental Take Pennit (described in the Endangered Species Act). She could not say with certainty what combination of avoidance, minimization, and mitigation the County could propose that would offset the impacts she expected to occur. She could not see that the public benefits of a boardwalk would outweigh the impacts to natural resources. 5.1.2 Comments on Dr. Robin Trindell Aleeting Noles Dr. Trindell referred to the potential need for an Incidental Take Pennit (ITP). The County would develop this permit application as part of a Section 10 Consultation with the USFWS. That permit would include an approved Habitat Conservation Plan as described in the Endangered Species Act. This lengthy process would include several points of public input that would receive significant consideration from regulatory agencies. The process includes, in this case, the County's demonstrating that it has (I) exhausted all possible means to avoid the impacts, (2) minimized unavoidable impacts, and (3) ful1y mitigated unavoidable impacts. Agencies test for the acceptability of unavoidable by balancing public good that comes from the proposed action. 24 Agenda Item No. 100 April 12, 20r Page 38 of 1l Summary a/Responses USFWS Meeting with Mr. Brad Rieck and Ms. Tr¡sh Adams 51.3 The two representatives prefaced the meeting during telephone conversations, noting that they would assess any permit application based only on the materials provided during that formal process. They would base comments they offered during the meeting for this feasibility study on the materials provided to them during or before the meeting and their knowledge of the site. These comments would only represent general positions of the USFWS based on the conceptual information they had in hand at the time of the meeting. During the meeting, they rank ordered their concerns with the proposed boardwalk as related to their responsibilities: 1. Sand Dollar Island, a complete and relatively undisturbed banier island, provides environment for on-site animal populations; such populations include not only birds in particular but also other animals such as turtles, mollusks, fish, etc. By "complete," they explained that the area meets al1 life cycle needs - resting, feeding. breeding, and rearing - for many of the species found there. This type of ecologically significant site is unusual for the coastal region around Big Marco Pass. The general disturbance and long-term impacts that human activity would introduce is a primary concern of the USFWS. 2. The banier island ecosystem is an important habitat for a wide variety of species including migratory birds and turtles that are the responsibiJity of the USFWS. Relatively little human activity can disturb or damage these species and associated resources. Development has eliminated much of the baJTier island ecosystem similar to that found at Sand Dollar Island. Thus, the Island is part of an increasingly rare habitat. The island, dynamic in nature, mayor may not survive over a period of a few decades. Human development In this region is further reducing the natural barrier island resources now available. In its current state, this ecosystem is a relatively iITeplaeeable natural resource for the species for which the USFWS has responsibility. 3. The site provides critical habitat for federa]]y 1 isted threatened and endangered species. It is piping plover winter habitat and manne turtle nesting habitat. If impacts to federally listed species were expected, the USFWS wou]d very likely require an Incidental Take Pern1it for the project. We discussed boardwalk orientations, but reached no conclusion regarding any important differences between them. Both representatives decided quantifying ditTcrences was not germane at this stage of the regulatory process. Their focal issue was the impact of any boardwalk on Sanù Dollar Island. If a boardwalk we reengineered, they would recommend a smaller structure. 25 -. Agenda Item No. 100 April 12, 2005 Page 39 of 161 We also discussed the likely need for the County to close the boardwalk to ensure that humans would not disturb animals engaged in nesting or in other essential behaviors. They noted that demonstration of avoidance, minimization, and mitigation of impacts to natural resources are keys to obtaining a positive recommendation from the USFWS. They strongly suggested that if not already done, the County should develop all alternatives to the boardwalk before proceeding further with a boardwalk. They did not see in the information that they received that the County considered avoidance of impacts as it developed the proposed project. The USFWS representatives said that the County would likely have difficulty balancing the impacts of a boardwalk with mitigation and the human benefits derived from the structure. They felt that the adverse impacts far outweighed public benefits. They expected that their recommended mitigation ratios (the ratio between the estimated area of impact and the mitigation area necessary to offset the impact, typically gTeater than 1: 1) would be relatively high because the value of the barrier island ecosystem is high. The USFWS would expect, as part of a permit application, a plan for a gTeatly increased level of management. They believed that any significant change to the current use of and level of activity might also result in additional permit. They did not identify mitigation activities other than education and gTeater on-site management but indicated that these measures would not fully offset impacts and that the necessary ecological mitigation might prove impossible. 5.1.4 Sumlf1Q/)1 of Responses - Meeting with Mr. Skip Bergman. USACE; Ms. Lucy Blair, FDEP; and Mr. Ricardo Zambrano, FWC We participated in a meeting with FDEP and Army Corps of Engineers regulatory professionals in the Ft. Myers offices of the FDEP. The meeting also included a representative from the C01lier County Department of Natural Resources, and Mr. Clinton Perryman, the Collier County Project Manager. Mr. Ricardo Zambrano, the FWC manager of the Big Marco Critical Wildlife Area, was the most vocal of the gToup in his responses and clearly opposed any activity in the CW A. He made a number of speei fie statements during the meeting in response to the proposed boardwalk. Mr. Zambrano said that the County was motivated to construct the boardwalk only "to get more people to the beach" and "to get more money". Concerning the idea of increasing public access, Mr. Zambrano made the following statements: . "We are not trying to prevent access" 26 ""'·''-'__.''''''C.~.'>-'<O_'_ Agenda Item No.1 00 April 12, 200¡;- Page 40 of 1E · "No access to Sand Dol1ar Island is better than more access" (during a phone ca11) · "Technica11y we can shut off the whole sandbar [the entire Sand Do11ar Peninsula area] a11 the time" He was confident that his current management activities, supported by volunteer actIvities. were sufficient to ensure appropriate use of the site at its current use levels. He indicated that the County's management activities are superf1uous. When shown on a 2003 aerial photograph the beachgoers' paths that cut through critical wildlife areas on Sand Dollar Island, he said the paths didn't worry him. He said he adjusted the areas he cordoned off to guide people around the prohibited areas. Ms. Lucy Blair, the FDEP representative, discussed the likely focus of the FDEP review for such a permit application. Shc said that the type of natural system impacted was important to the review process. In her view, this fragile, relatively rare, and temporary system was becoming less and less common. Therefore, the applicant would have difficulty demonstrating sufficient avoidance, minimization, and mitigation to offset the likely impacts. She also discussed the balance between the publIc benefit of such a project and the impacts. At this time she did not believe the pubJic good the boardwalk would provide outweighed the adverse impacts that would result. The FWC, FDEP and USACE representatives agreed that obtaining approval for this project at this time would prove problematic. Mr. Zambrano indicated that his highest concern was the increased "pressure" on the habitat that would result. IIe stated that "Currently it [Sand Dollar Island?] is a low-use area." He did not know how many people used the site or specific seasonal patterns of use. Ms. Blair suggested that the County was considering a boardwalk to provide more direct or easier access to the beach before it had exhausted all other possible remedies to the probJems the boardwalk intend to solve. She provided a few examples of potential remedies. Before doing so, she stated that the remedies she suggested were only to illustrate her point that the County needed to demonstrate it had exercised a11 other possible options to resolve its problems. She thought that the County might advertise the park as a natural ecosystem (if it is not already doing so). The ads would provide information indicating the layout of the site, the location of the beach and of other features. This might help increase awareness of the park's particular nature and draw people specifically looking for the type of experience the park offered. She suggested that the County might consider transportation between the south Marco Island beach access and Tigertail Park. She was unaware of any other sitc within the general Marco Pass area that could help mitigate impacts or of how the County might achieve such mitigation. Toward the 27 - Agenda Item No. 100 April 12, 2005 Page 41 of 161 end of the meeting, she said that she fully expected that someone or some organization would mount a legal challenge to an approved permit for this project in a 120 Hearing (a state-conducted legal procedure carried out under the Florida Administrative Procedures Act, Chapter 120, F.S.). The representatives briefly discussed the fate of the boardwalk should Sand Dollar Island erode away. They noted that this scenario would become a permit issue and asked if the County had considered designing to design the boardwalk so that it could function as a pier. We responded that our boardwalk design did not consider the structure functioning as a pier, but that we could probably create such a design if the County desired. Mr. Bergman, representing the U.S. Army Corps of Engineers, indicated that federal reviewers would take an approach similar to that Lucy Blair described for the state review. He surmised that the permit application would need to include a very strong argument for the public benefit of the boardwalk. IIc did not sce that the level of public benetít of the proposed project was at this time sufficient to make such an argument successful. Both the FDEP and the USACE representatives indicated that any change the County made to the area would require a signitìcant habitat management plan including a "heavy dose" of education, promotion of the natural ecosystem character of the sitc and the site access conditions, and more active monitoring efforts. Both the FWC and the FDEP representatives indicated that the County or the state would have to close the boardwalk if, for instance, it went through a habitat arca that required protection during some seasonal animal activity or if a bird built a nest near the boardwalk. As a result, the County might have to close boardwalk for long periods. 5.1. 5 Comments on the 29 October 2004 Meeting The various agency representatives 3f,rreed that the County would have difficulty demonstrating that the need for a boardwalk at this time was sufficient to meet current permit criteria. They presented a set of concerns that included as a subset concerns presented at the USFWS meeting. The positions taken by the state and federa1 government representatives \vere essentially the same. Except for the representative from FWC, the participants of the meeting said that they would judge any applications on its merits. The FWC representative made it clear that he was completely opposed to any change that ",,- 28 Agenda Item No. 100 April 12, 20("'r- Page 42 of 1. would increase accessibility to Sand Dol1ar Island. They al1 indicated that there were many hurdles to overcome and provided some examples of their considerations during a pennit application review The issue of public bcnctit, which came up in al1 the meetings with regulatory agency representatives, is in broad tenns a consideration of the benefit the public will receive because of a proposed action compared to the public benefits of the impacted natural resources. The agencies typica1ly require significant mitigation even for actions that include a high level of public good (e.g., protection of key roads from catastrophic erosion) if they also mclude impacts to the environment. 5.2 Contacts with Environmental Interest Groups There are a number of environmental organizations active in southwest Florida, with national. regional, or local affIliations. Among those contacted, "Friends of Tigertail Park" is a group focused solely on the Park and the related project site. We contacted all these organizations by phone and email to inform them about the project and about a public meeting for those interest groups and any other persons who desired to attend. 5.2.! Summw}' of Public Meeting 28 October 2004 We held an open public meeting in the Col1ier County Parks and Recreation Administration Building at 2:00 pm Thursday October 28. The attendees (Appendix M: meeting sign-in sheet) included private citizens and representatives of the following entities: · Collier County Audubon Society · Conservancy of Southwest fJorida (see Appendix N for position statement concerning "l'jgertail Beach Boardwalk" dated 19 November 2004) · Friends of Tigertail Beach . Florida Wildlife Federation · Rookery Bay National Estuarine Research Reserve (operated by FDEP) · City of Marco Island - a representative from Environmenta] Services · CollIer County Department of Environmental Services I Natural Resources · Collier County Parks and Recreation Department including Project Manager C]inton Perryman; Carol Buckler, County Park Ranger at Tigertail Beach Park; and MarIa Ramsey, the Public Services Administrator 29 .- Agenda Item NO.1 00 April 12, 2005 Page 43 of 161 The meeting lasted about two and onc-half hours. Dr. Stitcs (Taylor Engineering) began the meeting with a PowerPoint presentation summarizing the project need, and the information developed to that date, including first drafts of the environmental survey work and the conceptual design options (Appendix 0: Copy of PowerPoint presentation). Dr. Stites and the county professionals responded to questions during and after the presentation. The county park ranger for Tigertail Park, Carol Buckler, presented her evaluation of conditions at the park and the park issues she was facing on a daily basis, including behavior management, trash accumulation, complaints, people cutting through the lagoon and ending up in access-prohibited areas of Sand Dollar Island. She described risky behavior of people crossing the lagoon (particularly associated with infants) that she had witnessed. The participants discussed the following alternatives to a boardwalk: · Advertising Tigertail Park as an eco-attraction to attTact people specifical1y in1t:rested in a natural barrier island setting · Directing people who desire simply to sit by the Gulf shoreline to the south Marco Island beach access · Providing better and more complete education on the site regarding the arc a, including handouts at the gate, additional educational information, and additional signs in the beach area · Increasing the number of access points to the Gulf beach along the west coast of Marco Island. · Doing nothing more to the site · Adding "outcroppings" at the edge of Tigert ail Park main amenities area similar to those at Resident's Beach (a private beach access for residents of Marco Island) so that older people and those who do not or cannot not go out on the sand may enjoy the setting as fully as possible Marla Ramsey answered many of the questions and suggestions. She responded to the suggestion to redirect people to the south beach pointing out that that area was already overcrowded and the number of beachgoers there exceeded the available facilities. She said that as far as she knew additional access points (cascmcnts bctwcen privatc property boundaries) were not available. She indicated that the Parks and Recreation Department was developing a new brochure for Tigertail Beach Park. She indicated that the County could consider changes to the amenities area to make the park more accessible to disabled persons. 30 Agenda Item NO.1 00 April 12, 20(,~ Page 44 of 1l The participants asked a number of questions concerning the details of a boardwalk design that were beyond the conceptual design effort for this project. We responded that while this project would not provide engineering design and associated details sueh as those mentioned, the size of the conceptual boardwalk was similar to those used at Lovers Key Park and Clam Pass Parks. Therefore, for discussion purposes, we might assign the proposed boardwalk similar functions and capabilities. The group discussed a wide potential of boardwalk impacts. We indicated that we were in the process of quantifying those impacts directly associated with its footprint. We stated that we were considering the other potential environmental impacts as well, but that we were not trying to quantify those. They questioned the reasons for the conceptual design as shown, including the starting and ending points, possible alternatives to the two orientations and other related issues. We stated that the environmental impacts of the boardwalk's east-west orientation did not appear greatly variable as long as the orientation was over the lagoon. The purpose of beginning the boardwalk near the main amenities area of the park was to encourage the use of the boardwalk and reduce the number of people going to the north of that point into sensitive areas. Locating the beginning of the boardwalk near the amenities avoided cutting through the mature mangroves and foredune communities to the south. We indicated that we placed the western end of the boardwalk at approximately the crest of the beach beyond any vegetation to minimize human activity in places other than the immediate shoreline. Toward the end of the meeting Ted Below, President of the CotJier Audubon, stated for that organization "Collier County Audubon Society is categorically against any structure on Sand Dollar Island. We are against any structure to increase human use in that area." Other individuals stated that litigation "was being considered" to stop the boardwalk. We did not pursue which of the organizations present (if any) were considering any such action. After attending the meeting, Nicole Ryan, Environmental PoJicy Manager for the Conservancy of Southwest Florida sent a letter (Appendix N) to Marla Ramsey, Collier County Parks and Recreation Department, expressing the Conservancy position concerning the boardwalk concept. 31 -. Agenda Item No. 100 April 12, 2005 Page 45 of 161 6.0 DISCUSSION AND RECOMMENDATIONS The state and federal agency representatives with whom we discussed this project voiced consistent opinions concerning the proposed boardwalk. The public opinions expressed at the October 28 meeting echoed the agency concerns about additional activity on Sand Dollar Island. Both groups encouraged the County to seek alternatives to the boardwalk or to make no changes at Tigertail Beach and Sand Dollar Island. · The high quality and sensitive nature of the ecosystem where the County proposes the boardwalk means that a pennit application would have to meet very stringent review criteria. Representatives presented concerns including loss of habitat, disturbance of specific species, and impacts to federally listed and state listed species. · Given the available infonnation, the agency staff members interviewed felt that key aspects of a successful permit application - avoidance, minimization, and mitigation - would prove difficult for the County to demonstrate in an application for this project. Further, representatives trom the key agencies stated that appropriate and sufficient mitigation for a boardwalk at this site might prove impossible to idcntify. · The impacts of the proposed boardwalk would far exceed the potential public benefits. An important aspect of state and federal pennit application review of such a project is the comparison of the public benefit (and need) of a project and the project impacts to the environment. · The regulatory community did not believe the County had exhausted all other means of managing the issues of public use in the project area. The agency representatives recommended that the County evaluate and test all other possible alternatives before formally proposing a boardwalk. · State or federal agencies might likely require the County to close the boardwalk for short or long periods. This is a non-negotiable issue for the agencies and would create management difficulties for the County. The County would be in violation of the law if they failed to close the boardwalk for the required period or failed to ensure complete closure. · If Sand Dollar Island eroded away after boardwalk construction, the agencies might reconsider the permit status of the boardwalk because the permit they had approved was not for a pier. Based on the natural resources information gathered for this project and on the agency and public responses to the proposed project, we make the following recommendations: 32 Agenda Item No. 100 April 12, 200'" Page 46 of 1 E. The tramway alternative is the least impacting alternative and has the greatest potential to gain approval from the state and federal agencies. However, if the County decides to move ahead with a boardwalk or tramway project, it should carefully document thc benefits that would accrue to the public and to the site with the total enhancement package. The County would also need to identify all possible means of avoidance, minimization, and mitigation of impacts that might result trom the boardwalk and its use. · Avoidance: Identify alternatives to a boardwalk that might resolve the needs that led to the boardwalk proposal. Demonstrate that these alternatives have proved unsuccessful or inadequate to meet the identified needs or infeasible to perform. · Minimization: Consider reducing the boardwalk dimensions and reconsider reducing the number of the functions that the boardwalk would provide. · Mitigation: Clearly identify and develop in detail measure on- and off-site to mitigate the impacts of the proposed boardwalk. The regulatory agencies have indicated that, even if the County deals with these issues (need, benefit, avoidance, minimization, and mitigation) as effectively as possible, they can provide no assurance that the combined actions would suffice to gain recommendations for approval. The County should also prepare for legal actions the FDEP expects may result if this project were to receive approval of ajoint pelmit application. The County may also elect to submit a conceptual permit application for the project. This type of application includes all the components expected in a tùll application for the same project but in less detail. The same review criteria, review agencies, and potential agency aclions would apply. The benefit of this procedure is that the regulatory agencIes will respond with fonnal, written comments outlining all their concerns and objections. 33 -, Agenda Item No. 100 April 12, 2005 Page 47 of 161 REFERENCES Below, Ted 19XX. Marco Inlet, An Important Coastal Waterbird Site. Available from Theodore H Below, 3697 North Road, Naples, Florida 33942-4034. Coastal Barrier Resources Act. //www.fws.gov/ceprraxpayerSavingsfromCBRA.pdf Estero Bay Aquatic Preserve website 2004 11ltP:!/~V\,:\\·.ºql,st:Jl,Ç.n,~~CO!!st~Jlsitcsiç5Jl:I9iinl()hUll Federal Register 200 I. Description of Critical Habitat Area for the piping plover Federal Register: 66 (132):36072 [Rules and Regulations] From the Federal Register online via GPO access www.access.gpo.gov FWC 2002. Florida Endangered and Threatened Species Management and Conservation Plan--FY 2001- 2002 Progress Report Prepared By Staff of the Florida Fish And Wildlife Conservation Commission http://wildflorida.org/imperiledJreports.htm FWC 2003. Florida Endangered And Threatened Species Management And Conservation Plan FY 2002- 2003 Progress Report Prepared by Staff of the Florida Fish and WildJife Conservation Commi ssi on http://wildf1orida.org/imperiled/reports.htm FWC 2004. Florida Endangered And Threatened Species Management And Conservation Plan FY 2003- 2004 Progress Report Prepared by Staff of the Florida Fish and Wildlife Conservation Commission http:/¡wjldflorjda.orghmperiledJreports.htm Lewis. Longman, and Walter, PA 2004. http://www.l1w-Jaw.com/articleI8.cfm Kraus M., Allman, P., and Seitz, J. 2001. Collier County Turtle Protection Plan. Collier County Community Development and Environmental Services Division Publication Series Nr-Sp-O 1-0 I Kraus, M., Seitz, J., Toro, M., and Gonzalez, S. 2002. Collier County Sea Turtle Protection Plan Annual Report 200 I. Collier County Community Development and Environmental Services Division Publication Series Nr-Sp-02-0 I Agenda Item NO.1 00 April 12, 200¡; Page 48 of 1( Kraus, M., Seitz, J., and Toro, M. 2003. Collier County Sea Turtle Protection Plan Annual Report 2002. Collier County Community Deve10pment and Environmental Services Division Publication Senes Es-Sp-03-01 Myers, Ronald L., and John J. EwcI ] 990. Ecosystems of Florida. University of Central Press, Orlando, FL. 765pp. Rookery Bay National Estuarine Research Website 2004) hUQ: ii~,:~~.j.çp:stat~.t 1. us/cQasta L ,,-Ilçs,jgn kcrv:sl2.lj;l~l11m Tayor Engineering, 2003. 2002 Monitoring of Marco Island Beaches and Breakwaters and Caxambas Pass. Prepared for Collier County FL Contract C2002-049 Prepared by Lisa D. Heckman and Rajesh Srinivas, Ph.D., P.E. Taylor Engineering, Inc. 9000 Cypress Green Drive Jacksonville FL 32256. 136 pp. ..-.,., Agenda Item No. 100 April 12, 2005 Page 49 of 161 APPE~DIX A Short History of Sand Dollar Island Agenda Item No. 100 April 12, 2005 Page 50 of 16 A short history of Sand Dolla.r Island excerpted from Taylor Engineering (2003) Florida Department of Environmental Protection (FDEP) monuments R-128 to the north and R- J 15 to the south detine the hmits of S,md Dollar Island. At Its southern extremity, the island attaches to the Marco Island mainland shoreline. Tlgertail Lagoon. a shallow \VéJter body connected to Big Marco pass at its northern end separates Sand Dollar Island from the Marco Island mainland except at the southern end. (F igure I). Historic aerial photographs lIldicate that Sand Dollar Island dId not exist in 1973. By 198] (the next available photographs), Sand Dollar Island emerged well o1lshore or the northt'rn Marco Island mainland By Il)i)<;. the emergent Sand Dollar Island had migrated closer (cast) to the Marco Island mainland and h:Jù elongated tu tk south. 13)' 1990 199 J. Saod Dollür bland almosl cnnnech:d to the i\lim:o Islanù at Its sOLlthel11 end. In 19tJJ. a hurricane caLl~cd \Vater levels to o\el"lop Sand Dollar bland and breach lhe island Ilear ;ts center (Humiston <Jnd ì\loorc. ¡ 997). Between 1990 and 199L the 1991 heach nourishmcnt p]accd about 560.000 CY of sand hetween R-135 and R,-139, caused signiticant shoreline ad\ances 1.0 the cast along the beach segment R-135 \0 R-138 Protì les R-Ij 1 and R-114 eroded. As seen from the 1992 photograph, the storm caused sand to wash over the island and deposit in Tigcrtail Lagoon. Storm erosion appears to have submerged the northern portions of th(> island In addition. by J 992. the southern end of Sand Dollar Island had attached itself to the Marco Island mainland creatmg Tigertail Lagoon. Aerial photobrraphs taken in 1993 indicate that Sand Dollar Ishmd had reemerged as an almost continuous island, attached to the mainland, with an increased volume of sand. The beaeh grew substantially wider at the southern attachment of Sand Dollar Island to the Mmco Island mainland; the southern attéJl:hment also appears to have m1hrratcd slightly south of its ear Iter locatIOns. Bet\veen 1994 and 1996, the northern portion of Sand Dol]ar Island hecame partially submerged. Tigertail Lagoon remil1ned uflchangL'd during thIs time. Between 1996 and 20t)] , the northern sub a~llal portion of Sand Dollar Island mÌbrrated eastward. The southern por!lon of Sand DoJlar Island grew (If[ Ih seaward side, \vhilc the side frontmg Tigertail Lagoon remained vIrtually unch,mgcd.1 he most rt''..:cnt published report (Taylor Fnginecnng 2002) estimated {h;¡l (he l,l;llldJjlL'ninslIla of Cí9 3C1L:, \\,h gll)\\jng at a rate of a\1out '2 acrcs/yem. The maxImum elevation ur the ISluPll '.vus about .f feet aho\'v 111~'dn high \Vater. Trends Or) l:ccnl. l"\(lluIWD of Sand Dollar Islalnl shlJuld e() "¡lll1lh: if the current k\(") ld' ·.¡\Ild supply continucs imd 111~';l i\iJ1CU and -- Agenda Item No. 100 April 12, 2005 Page 51 of 161 Capri Passes maintain their relative configurations. Projecting the recent trends into the future suggests that Sand DolIar Island should remain stable to slightly accretion (Taylor Engineering 2002 report). · The plan area [which includes Sand Dollar Island], circumscribed by the MHW [mean high water] contour, should grow about two acres/year. · The sub aerial beach above MH W should grow about 500 cy/year · The width of Sand Dollar Island near its junction with Marco Island should continue to increase as its GulfofMexico MHW shoreline advances westward. · The northern segment of the island should migrate slightly east. Note that the recurring passage of tidal currents through Tigertail Lagoon opposes the trend of continuous eastem migration. The endgame of this process - whether the eastern migration of the northem segment of the island will continue until Tigertail Lagoon becomes cut-off from Big Marco Pass or whether the eastern migration will halt in the future before Tigertail Lagoon becomes isolated from the Gulf of Mexico - is currently unknown. A coupled tidal current- and wave-driven sediment transport model, beyond the scope of the present study, could investigate these altemate possibilities. In contrast, Sand Dollar Island could erode: · If current trends of sand supply are disrupted · If Big Marco Pass became dominant, in temlS of water conveyance, relative to Capri Pass. This condition may occur if Coconut Island erodes away or if the Little Marco Pass and Capri Pass ebb shoals coalesce to choke Capri Pass. Stornls may also affect the future evolution of Sand Dollar Island in two primary ways. Sand over \vash associated with overtopping water levels during storms would promote the easterly migration of the island and eventual welding of the island to mainland Marco Island. Any breach of the island, by interrupting the current north to south sand net transport pathway, would erode the area south of the breach. Such temporary erosion would last until littoral drift closed the breach. '~"-~;''''..._--~...,~."_.'' """",....._--~_._., . _,,;_,_........-~.;....""..e_ . --~,-_.- Agenda Item No. 100 Apri/12, 2005 Page 52 of 16 APPENDIX B Chapter 380.05, F.S. Florida Statute Concernmg Critical Wildlife Areas Statutes & Constitution :View Statutes ->2004->Ch0380->Scction 05 . Online Sunshine Page 1 uf" 8 .- Agenda Item No. 100 April 12, 2005 Page 53 of 161 Select Year: 2004· Go The 2004 Florida Statutes Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chapter 380 LAND AND WATER MANAGEMENT View Entire Chapter 380.05 Areas of critical state concern.-- (1 )(a) The state land planning agency may from time to time recommend to the Administration Commission specific areas of critical state concern. In its recommendation, the agency shall include recommendations with respect to the purchase of lands situated within the boundaries of the proposed area as environmentally endangered lands and outdoor recreation lands under the Land Conservation Act of 1972. The agency also shall include any report or recommendation of a resource planning and management committee appointed pursuant to s. 380.045; the dangers that would result from uncontrolled or inadequate development of the area and the advantages that would be achieved from the development of the area in a coordinated manner; a detailed boundary description of the proposed area; specific principles for guiding development within the area; an inventory of lands owned by the state, federal, county, and municipal governments within the proposed area; and a list of the state agencies with programs that affect the purpose of the designation. The agency shall recommend actions which the local government and state and regional agencies must accomplish in order to implement the principles for guiding development. These actions may include, but shall not be limited to, revisions of the local comprehensive plan and adoption of land development regulations, density requirements, and special permitting requirements. (b) Within 45 days following receipt of a recommendation from the agency, the commission shall either reject the recommendation as tendered or adopt the recommendation with or without modification and by rule designate the area of critical state concern. Any rule that designates an area of critical state concern must include: 1. A detailed boundary description of the area. 2. Principles for guiding development. 3. A clear statement of the purpose for the designation. 4. A precise checklist of actions which, when implemented, will result in repeal of the designation by the Administration Commission, and the agencies or entities respomible for taking those actions. 5. A list of those issues or programs for which mechanisms must be in place to assure ongoing implementation of the actions taken to result in repeal of the designation. hltp>'(WW\>'" icg.statc. n.llsistalutes/il1llex.c rm') ;\pp _111ode=Display . SL:lllile&S':<lrch_ String=... 3/7 '2005 Stalutes & Constilution :Vie\v SlatlllL's :->2004->Ch0380->SCCliotl 05 : OnJine Sunshine Page 2 0 f 8 Agenda Item NO.1 00 April 12, 20Qr 6 A t' f h t t 'h' I . dd" h ·f' d ' b . 22) d .. Page 54 of 1t ,1St 0 t e sa e agencles w 1C1, 111 a ItlOn to t ose spec1 le 111 su sectlon ( ,a mltllster programs that affect the purpose of the designation. The rule shall become effective 20 days after being filed with the Secretary of State, except that an emergency rule adopted by the commission and designating an area of critical state concern shall become effective immediately on being filed. Any rule adopted pursuant to this paragraph shall be presented to the Legislature for review pursuant to paragraph (c). A statement of estimated regulatory costs prepared pursuant to s. 120.541 shall not be a ground for a challenge of the rule; however, a landowner shall not be precluded from using adverse economic results as grounds for challenge. Such principles for guiding development shall apply to any development undertaken subsequent to the legislative review pursuant to paragraph (c) of the designation of the area of critical state concern with or without modification but prior to the adoption of land development rules and regulations or a local comprehensive plan for the critical area pursuant to subsections (6) and (8). No boundaries or principles for guiding development shall be adopted without a specific finding by the commission that the boundaries or principles are consistent with the purpose of the designation. The commission is not authorized to adopt any rule that would provide for a moratorium on development in any area of critical state concern. (c) A rule adopted by the commission pursuant to paragraph (b) designating an area of critical state concern and principles for guiding development shall be submitted to the President of the Senate and the Speaker of the House of Representatives for review no later than 30 days prior to the next regular session of the Legislature. The Legislature may reject, modify, or take no action relative to the adopted rule. In its deliberations, the Legislature may consider, among other factors, whether a resource planning and management committee has established a program pursuant to s. 380.045. In addition to any other data and information required pursuant to this chapter, each rule presented to the Legislature shall include a detailed legal description of the boundary of the area of critical state concern, proposed principles for guiding development, and a detailed statement of how the area meets the criteria for designation as provided in subsection (2). (d) If, after the repeal of the boundary designation of an area of critical state concern pursuant to subsection (15). the state land planning agency determines that the administration of the local land development regulations or a local comprehensive plan within a formerly designated area is inadequate to protect the former area of critical state concern, then the state land planning agency may recommend to the commission that the area be redesignated as an area of critical state concern. Within 45 days following the receipt of the recommendation from the agency, the commission shall either reject the recommendation as tendered or adopt the same with or without modification. The commission may, by rule, make such redesignation effective immediately, at which time the boundaries, regulations, and plans in effect at the tlme the previous designation was repealed shall be reinstated. Within 90 days of such redesignation, the commission shall begin rulemaking procedures to designate the area an area of critical state concern under paragraph (b). (2) An area of critical state concern may be designated only for: (a) An area containing, or having a significant impact upon, environmental or natural resources of hllp://www.leg.Slate.n.lls/stat\tleshnlÍc:x.c I'm'! App_lllodc=Display Slalute&Scarch_ String' .3/7/2005 Statutes & Constitution :View Statutes :->2004->Ch0380->Scction 05 : Online Sunshine 'ag(; 3 of 8 - Agenda Item No. 100 April 12, 2005 Page 55 of 161 regional or statewide importance, including, but not limited to, state or federal parks, forests, wildlife refuges, wilderness areas, aquatic preserves, major rivers and estuaries, state environmentally endangered lands, Outstanding Florida Waters, and aquifer recharge areas, the uncontrolled private or public development of which would cause substantial deterioration of such resources. Specific crìteria which shall be considered in desIgnating an area under this paragraph include: 1. Whether the economic value of the area, as determined by the type, variety, distribution, relative scarcity, and condition of the environmental or natural resources within the area, is of substantial regional or statewide importance. 2. Whether the ecological value of the area, as determined by the physical and biological components of the environmental system, is of substantial regional or statewide importance. 3. Whether the area is a designated critical habitat of any state or federally designated threatened or endangered plant or animal species. 4. Whether the area is inherently susceptible to substantial development due to its geographic location or natural aesthetics. 5. Whether any existing or planned substantial development within the area will directly, significantly, and deleteriously affect any or all of the environmental or natural resources of the area which are of regional or statewide importance. (b) An area containing, or having a significant impact upon, historical or archaeological resources, sites, or statutorily defined historical or archaeological districts, the private or public development of which would cause substantial deterioration or complete loss of such resources, sites, or districts. Specific criteria which shall be considered in designating an area under this paragraph include: 1. Whether the area is associated with events that have made a significant contribution to the history of the state or region. 2, Whether the area is associated with the lives of persons who are significant to the history of the state or region. 3. Whether the area contains any structure that embodIes the distinctive characteristics of a type, period, or method of construction, that I'epresents the work of a master, that possesses high artistic values, or that represents a significant and distinguishable entity the components of which may lack individual distinction and which are of regional or statewide importance. 4. Whether the area has yielded. or will likely yield. information important to the prehlstO(y or history of the state or region. (c) An area having a significant impact upon. or being significantly impacted by, an existing or proposed major public facility or other area of major public investment including, but not limited to, hlghways. hltp://w\Vw .leg.slalL- n.LJs/statutes/inck\.c ¡'m? ApP_l11udec:[)jsplay__ Slal11te&Scarch.Slllng·.. 317·2005 Statutes & Constilution : V ic\\ Statutes :-> 2004->Ch03 RO: - Section 05 : Online Sunsh me Page 4 oí8 ports, airports, energy facilities, and water management projects. Agenda Item NO.1 00 April 12, 20('.... Page 56 of 1l (3) Each regional planning agency may recommend to the state land planning agency from time to time areas wholly or partially within its jurisdiction that meet the criteria for areas of critical state concern as defined in this section. Each regional planning agency shall solicit from the local governments within its jurisdiction suggestions as to areas to be recommended. A local government in an area where there is no regional planning agency may recommend to the state land planning agency from time to time areas wholly or partially within its jurisdiction that meet the criteria for areas of critical state concern as defined in this section. If the state land planning agency does not recommend to the commission as an area of critical state concern an area substantially similar to one that has been recommended, it shall respond in writing as to its reasons therefor. (4) Prior to submitting any recommendation to the commission under subsection (1), the state land planning agency shall give notice to any committee appointed pursuant to s. 380.045 and to all local governments and regional planning agencies that include within their boundaries any part of any area of critical state concern proposed to be designated by the rule, in addition to any notice otherwise required under chapter 120. (5) After the commission adopts a rule designating the boundaries of, and principles for guiding development in, an area of critical state concern and within 180 days of such adoption, the local government having jurisdiction may submit to the state land planning agency its existing land development regulations and local comprehensive plan for the area, if any, or shall prepare, adopt, and submit the new or modified regulations and plan, the local government taking into consideration the principles set forth in the rule designating the area. (6) Once the state land planning agency determines whether the land development regulations or local comprehensive plan or amendment submitted by a local government is consistent with the principles for guiding the development of the area specified under the rule designating the area, the state land planning agency shall approve or reject the land development regulations or portions thereof by final order, and shall determine compliance of the plan or amendment, or portions thereof, pursuant to s. 163.3184. The state land planning agency shall publish its final order to approve or reject land development regulations, which shall constitute final agency action, in the Florida Administrative Weekly. If the final order is challenged pursuant to s. 120.57, the state planning agency has the burden of proving the validity of the final order. Such approval or rejection of the land development regulations shall be no later than 60 days after submission of the land development regulations by the local government. No proposed land development regulation within an area of critical state concern becomes effective under this subsection until the state land planning agency issues its final order or, if the final order is challenged, until the challenge to the order is resolved pursuant to chapter 1 lO. (7) The state land planning agency and any applicable regional planning agency shall, to the greatest extent possible, provide techJlJcal assistance to local governments in the preparation oí the land development regulations and local comprehensive plan for areas of critical state concern. (8) If any local government fails to submit land development regulations or a local compreher¡sive plan, http://w\vw.leg.staw. fI us/stalutcs/index .cCm'!App lllodc··Display_ Slatule&Search String- 3/7/2005 Statutes & Constitution :Vicw Statutes :->2004->Ch0380->Scclion 05 : Online Sunshine Page 5 0 r 8 Agenda Item NO.1 00 _ April 12, 2005 Page 57 of 161 or if the regulations or plan or plan amendment submitted do not comply with the principles for guiding development set out in the rule designating the area of critical state concern, within 120 days after the adoption of the rule designating an area of critical state concern, or within 120 days after the issuance of a recommended order on the compliance of the plan or plan amendment pursuant to s. 163.3184, or within 120 days after the effective date of an order rejecting a proposed land development regulation, the state land planning agency shall submit to the commission recommended land development regulations and a local comprehensive plan or portions thereof applicable to that local government's portion of the area of critical state concern. Within 45 days following receipt of the recommendation from the agency, the commission shall either reject the recommendation as tendered or adopt the recommendation with or without modification, and by rule establish land development regulations and a local comprehensive plan applicable to that local government's portion of the area of critical state concern. However, such rule shall not become effective prior to legislative review of an area of critical state concern pursuant to paragraph (1 )(c). In the rule, the commission shall specify the extent to which its land development regulations, plans, or plan amendments will supersede, or will be supplementary to, local land development regulations and plans. Notice of any proposed rule issued under this section shall be given to all local governments and regional planning agencies in the area of critical state concern, in addition to any other notice required under chapter 120. The land development regulations and local comprehensive plan adopted by the commission under this section may include any type of regulation and plan that could have been adopted by the local government. Any land development regulations or local comprehensive plan or plan amendments adopted by the commission under this section shall be administered by the local government as part of, or in the absence of, the local land development regulations and local comprehensive plan. (9) If, within 12 months after the commission adopts a rule designating an area of critical state concern, land development regulations or local comprehensive plans for the area have not become effective under either subsection (6) or subsection (8), the designation of the area as an area of critical state concern terminates. No part of such area may be recommended for redesignation until at least 12 months after the date the designation terminates pursuant to this subsection. The running of the 12- month period subsequent to the initial designation shall be tolled upon challenge pursuant to the provisions of chapter 120 to either the designation of the area of critical state concern or the adoption of land development regulations and local comprehensive plans under subsection (6) or subsectíon (8). (10) At any time after the adoptíon of land development regulatíons and plans by the commission under this section, a local government may propose land development regulations or a local comprehensive plan which, if approved by the state land planning agency as provided in subsection (6), will supersede any regulations or plans adopted under subsection (8). (11) Land development regulations or a local comprehensive plan submitted by a local government in an area of critical state concern and approved pursuant to subsection (6) may be amended or rescinded by the local government, but the amendment or rescission becomes effective only upon approval thereof by the state land planning agency. The state land planning agency shall either approve or reject the requested changes withlll 60 days of receipt thereof. Land development regulations or local comprehensive plans for an area of critical state concern adopted by the commission under subsection (8) may be amended or rescinded by rule by the commission in the same manner as for original http://WW\V.leg.slate.fl.us/slatlltes/index.cfm·) App _lllode=Display _ Statlltc&Scarçh ~lríIlg=... 3/7 /2005 Statutes & Constitution :View Statutes :. >20U4 >Ch0380->Section 05 : Online Sunshine Page 6 ofR adoption. Agenda Item NO.1 00 April 12, 200' Page 58 of 1€. (12) Upon the request of a substantially interested person pursuant to s. 120.54(7), a local government or regional planning agency within the designated area, or the state land planning agency, the commission may by rule remove, contract, or expand any designated boundary. Boundary expansions are subject to legislative review pursuant to paragraph (1 )(C). No boundary may be modified without a specific finding by the commission that such changes are consistent with necessary resource protection. The total boundaries of an entire area of critical state concern shall not be removed by the commission unless a minimum time of 1 year has elapsed from the adoption of regulations and a local comprehensive plan pursuant to subsection (1), subsection (6), subsection (8), or subsection (10). Before totally removing such boundaries, the commission shall make findings that the regulations and plans adopted pursuant to subsection (1), subsection (6), subsection (8), or subsection (10) are being effectively implemented by local governments within the area of critical state concern to protect the area and that adopted local government comprehensive plans within the area have been conformed to principles for guiding development for the area. (13) If the state land planning agency determines that the administration of the local land development regulations or local comprehensive plans within the area is inadequate to protect the state or regional interest prior to the repeal of the critical state concern designation pursuant to subsection (15), the state land planning agency may institute appropriate judicial proceedings, as provided in s. 380.11, to compel proper enforcement of the land development regulations or plans. (14) Any local government which lies either wholly or partially within an area of critical state concern and which has previously adopted a local government comprehensive plan pursuant to chapter 163 shall conform such plan to the principles for guiding development for the area of critical state concern. No later than January 1, 1984, or any other time as agreed upon in writing by the state land planning agency and the governing body of the local government, these plans shall be submitted to the state land planning agency for review and action as provided in subsection (6) or subsection (8). (15) Any rule adopted pursuant to this section designating the boundaries of an area of critical state concern and the principles for guiding development therein shall be repealed by the commission no earlier than 12 months and no later than 3 years after approval by the state land planning agency or adoption by the commission of all land development regulations and local comprehensive plans pursuant to subsection (6), subsection (8), or subsection (10), and the implementation of all the actions listed in the designation rule for repeal of the designation. Any repeal pursuant to this subsection may be limited to any portion of the area of critical state concern. The repeal must be contingent upon approval by the state land planning agency of local land development regulations and plans pursuant to subsection (6) or subsection (10) and upon such regulations and plans being effective for a period of 12 months. (16) No person shall undertake any development within any area of critical state concern except in accordance with this chapter. (17) If an area of critical state concern ha~ heen designated under subsection (11 and if land development regulations for the area of cntica! state concern have not yet become effective under http://w\Vw.leg.state.fl.us/statutes/index c tìn'~:\pp ll1odc'DispJay _ Statute&Scclrch_ String"'_.. 317/2()()5 Statules & Constitution :Vic\'v' Statutcs·..>2004->Ch0380->Seclion OS : Online Sunshine Page 7 0 r R -, Agenda Item No. 100 April 12, 2005 Page 59 of 161 subsection (6) or subsection (8), a local government may grant development permits in accordance with such land development regulations as were in effect immediately prior to the designation of the area as an area of critical state concern. (18) Neither the designation of an area of critical state concern nor the adoption of any regulations for such an area shall in any way limit or modify the rights of any person to complete any development that has been authorized by registration of a subdivision pursuant to chapter 498 or former chapter 478, by recordation pursuant to local subdivision plat law, or by a building permit or other authorization to commence development on which there has been reliance and a change of position, and which registration or recordation was accomplished, or which permit or authorization was issued, prior to the approval under subsection (6), or the adoption under subsection (8), of land development regulations for the area of critical state concern. If a developer has by his or her actions in reliance on prior regulations obtained vested or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to the developer's interests, nothing in this chapter authorizes any governmental agency to abridge those rights. (19) In addition to any other notice required to be given under the local land development regulations, the local government shall give notice to the state land planning agency of any application for a development permit in any area of critical state concern, except to the extent that the state land planning agency has in writing waived its right to such notice in regard to all or certain classes of such applications. The state land planning agency may by rule specify additional classes of persons who shall have the right to receive notices of, and participate in, hearings under this section. (20) At no time shall a land area be designated an area of critical state concern if the effect of such designation would be to subject more than 5 percent of the land of the state to supervision under this section; except that, if any supervision by the state is retained, the area shall be considered to be included within the limitations of this subsection. If 5 percent of the lands of the state are designated as areas of critical state concern pursuant to this section, a redesignation pursuant to paragraph (1 )(d) will not be prohibited by this subsection. (21) Within 30 days after the effective date of the designation of an area of critical state concern pursuant to paragraph (1 )(c) or paragraph (1 )(d), the state land planning agency shall record a legal description of the boundaries of the area of critical state concern in the public records of the county or counties in which the area of critical state concern is located. (22) All state agencies with rulemaking authority for programs that affect a designated area of critical state concern shall review those programs for consistency with the purpose of the designation and principles for guiding development, and ~hall adopt specific permitting standards and criteria applicable in the designated area, or otherwise amend the program, as necessary to further the purpose of the designation. (a) 1. Within 6 months after the effective date of the rule or st atute that designates an area of (THical ~tate concern, and at any time thereafter as directC'd by the Administration Commission, the Department of Environmental Protection, the Department of Health, the water management districts Illlp,iW\VW .1cg.slatc.11.us/sta1 LlteSií ndc'\c 1m'} A PP. n1Odc^níspl.1Y Slalutc&Scarch_ Slringoc. ,. :t'-;',2005 Stätutes & Constitution :View Statutes :->2004~>Ch03~O->SecIJon OS : Online Sunshinc Page 80C8 with jurisdiction over any portion of the area of critical state concern, and any other state agency specified in the designation rule, shall each submit a report to the Administration Commission, and a copy of the report to the state land planning agency. The report shall evaluate the effect of the reporting agencys programs upon the purpose of the designation. Agenda Item No. 100 April 12, 200r- Page 60 of 1l 2. If different permitting standards or criteria, or other changes to the program, are necessary in order to further the purpose of the designation, the report shall recommend rules which further that purpose and which are consistent with the principles for guiding development. The report shall explain and justify the reasons for any different permitting standards or criteria that may be recommended. The commission shall reject the agency's recommendation, or accept it with or without modification and direct the agency to adopt rules, including any changes. Any rule adopted pursuant to this paragraph shall be consistent with the principles for guiding development, and shall apply only within the boundary of the designated area. The agency shall file a copy of the adopted rule with the Administration Commission and the state land planning agency. 3. If statutory changes are required in order to implement the permitting standards or criteria that are necessary to further the purpose of the designation, the report shall recommend statutory amendments. The Administration Commission shall submit any report that recommends statutory amendments to the President of the Senate and the Speaker of the House of Representatives, together with the Administration Commission's recommendation on the proposed amendments. (b) The Administration Commission has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this subsection. History.--s. 5, ch. 72-317; s. 1, ch. 74-326; s. 1, ch. 76-190; s. 4, ch. 79-73; s. 235, ch. 81-259; s. 3, ch. 83-308; s. 2, ch. 84-281; s. 50, ch. 93-206; s. 340, ch. 94-356; s. 1027, ch. 95-148; s. 113, ch. 96-410; s. 5, ch. 97-253; s. 92, ch. 98-200; s. 27, ch, 99-5; s. 71, ch. 99-8. Copyright © 1995-2005 The Florida Legislature. Privacy Statement. Contact Us hltp :/!\V\v\V .leg.state. fl. us/statules/index.c I"m') t\ PP llloctc=f1isplav Stalute&Scarch Slrin g= l,i7<WOs ,-, APPENDIX C Big Marco Pass Critical Wildlife Area Description Agenda Item No.1 00 April 12, 2005 Page 61 of 161 Agenda Item No. 100 April 12, 20r- Page 62 of 1l BIG MARCO PASS CRITICAL \VILDLIFE AREA HISTORY AND REQUEST TO RE-ESTABLISH THE AREA UNDER A REVISED BOúÑ"DARY F10rida Game and Fresh Water Fish Commission 620 S. Meridian St. Tallahassee, Florida 32399 904-488-3831 '.-.. Agenda Item No. 10D April 12, 2005' Page 63 of 161 1 EXECUTIVE SUlVIMARY TIle Big Marco Pass CW A was established by the Florida Game and Fresh Water Fish Commission (GFC) with the concurrence of the Board of Trustees (Trustees) of the Internal Improvement Trust Fund on January 18, 1988, for the protection of one of the ten most important shorebird wintering sites in the Eastern United States, to protect the largest nesting colony for the threatened least tern in Peninsular Florida, and to secure the largest nesting site for the threatened snowy plover in South Florida. The GFC requests the approval of the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, to re-establish the Big Marco Pass Critical Wildlife Area (CW A) under a revised legal boundary. This action is necessary to resolve questions about the Trustees' original intent for this area and to ensure the CW A boundary encompasses all important bird nesting and wintering habitat at this site. CW As are legally defined sites that support significant wildlife concentrations Ù1at are closed to human trespassing, with the concurrence of the landowner, by GFC under Rule 39-19.005, Florida Administrative Code. Known locally as Sand Dollar Island, Ù1e CW A consists of a sand bar and shoal system souù1 of Big Marco Pass, near the northwestern tip of Marco Island in Collier County. The current CW A boundary encompasses approximately 28 acres of emergent beach, whereas the proposed new boundary encompasses approximately 26 acres of emergent beach. The proposed new boundary excludes reçreational beaches at Tigertail Park and the artificially filled beach near the point of attachment of Sand Dollar Island to Marco Island. These areas are included within the current CW A boundary, but are not likely to support critical bird habitat in Ù1e future. The new boundary includes shoals that are presently forming offshore that may become important bird habitat in Ù1e near future. The day-tO-day changes in sand bar systems and in bird distribution can be dramatic. Because CWAs and their legal boundaries are established by GFC in January and July, it takes months to legally adjust the boundaries of a CW A. Accordingly, it is impossible to respond in a timely manner to shifting bird use of these sites through the rule-making process. GFC's approach has been to include within the legal boundary of the CW A the entire area over which important wildlife habitat is likely to develop, but to restrict or prolúbit access to omy those parts of the area that are actually critical to wildlife at the time. This maximizes both the recreational potential of the CW A and wildlife protection. Currently, GFC staff have posted only 13 of the 28 available emergent acres in the Big Marco Pass CW A. We have no plans to expand Ù1e number of posted acres under Ù1e new boundary unless bird distribution shifts in Ù1e future. Public opposition to Ù1e Big Marco Pass CW A developed in 1993 when Sand Dollar Island became attached to Marco Island, and bird use shifted to a series of tidal pools aild runnels that formed near the point of attachment of Sand Dollar Island to Marco Island. GFC posted a portion of the perimeter of Ù1e tidal pools to prohibit access in order to prevent disturbance of wintering and nesting birds in Ù1is area. Local residents and some members of the Collier County Board of County Commissioners objected to closure of this area for five primary reasons. Tbese reasons and GFC responses are given below. 1. The area posted in 1993 extends outside the legal boun.dary of the CWA as established. GFC staff believe Ù1is area was wiÙ1in the legally established boundary, but acknowledge Ùlat only a survey can answer the question with certainty. GFC funded a survey of the area, and the contracted surveyor reported that Ù1e boundary used in the establishment order was unsurveyable because it was based on Agenda Item No.1 00 April 12, 200t:" Page64 of 1€. Township, Range, and Sections, which are unmappable in rapidly changing coastal situations lacking permanem monuments. GFC requested that the surveyor develop a proposed revised legal description for the CW A referenced to fixed monuments on Big Marco Island. GFC requested that this survev include all current and future areas over which the Sand Dollar sand bar system could be expected' to move in the future. GFC proposes to re-establish the area under this new boundary. 2. The Trustees only approved closure oj the areajor the 1987 bird nesn·ng season. The GFC request of the Trustees was for concurrence to establish the area as a pem1anent CWA. However, some language in the mee:ing minutes and certificate imp! ies that the request was to close the area for only one year (1987), whereas elsewhere in the minutes it is clear that the area was to be closed in subsequent years by GFC rules. Because of our desire to resolve any ambiguity in the creation and boundaries of CW As, the matter is being brought back to the Trustees for re-establishment. 3. The area posted in 1993 included parts oj an artificially filled beach .that the citizens oj Marco Island paid to create. The 1993 posted area was never closer than 150 feet to the anificially filled beach. The posted area does include sand that accreted naturally following, and likely as a result of, this beach renourishment effort. Ironically, much of this sand formerly was deposited on a bar further south at Caxambas Pass, which was also a very significant CW A. The bar at Caxambas Pass eroded away shortly after completion of, and probably as a result of, the beach renourishmcm effort on Marco Island. Birds that used the Caxambas Pass CW A are now dependent on the Big Marco Pass CWA. Nevertheless, to address concerns that GFC might someday close the pan of the beach that was fil!ed anificially, the new proposed legal boundary for the CW A specifically excludes this portion of sovereignty land, as well as sovereignty land at TigertaiJ Park. 4. The n·dal pools and runnels that the posted area encompasses are sTagnant health ha:z.ards, and protection oj ¡he site as a OVA limits future beach filling and renoun"shmem oprions. GFC staff are not qualified to comment on potential health hazards of the tidal pools, although we are aware that numerous water samples from the pools coIIected at the request of Collier County Environmental Services Division officials do not support this concern. Ho\vever, the tidal pools and :-unnels arc the heart of critical bird habitat at the site, and removal of these ecosystem components will destroy the area's value to birds. Even without the CW A designation, the presence of numerous state and federaIly threatened species wil! limit future beach renourishment options for the site. 5. The presence oj the CWA greatly inconveniences beachgoers. Although the existing establishment order for the site would permit GFC to close all of the Sand Dol!ar peninsula to recreational use, GFC has never closed the beach to recreation. Presently, over half of the emergent beach in the CW A, induding all of the Gulf-frontage beach, remains accessible to beachgoers, nature lovers, boaters, and fishermen. GFC has no plans to post this area. The current posted area does impede straight-line access to the outer beach through the tidal pool, but the required detour is a maximum of 200-300 feet. This objection also ignores the fact that the site is internationally known by birdwatchers, and that a significant component of public recreational use of this beach is by wildlife watchers who come to the Big Marco Pass CW A just to see the birds. GFC wants to provide the maximum amount of recreation possible for the site, and has committed to soliciting timely input from Collier County in writing prior to making any changes in posting of the CW A. GFC will seriously consider any input the county or local residents provide. GFC staff have met on several occasions with Collier County Commission members and local opponents of the area, and the issue has been brought before GFC commission members twice. -, Agenda Item NO.1 00 April 12, 2005 Page 65 of 161 These meetings have failed to produce an acceptable resolution. GFC urges the Trustees to approve our request to re-establish the Big Marco Pass CW A with the boundaries described in this report. GFC management of the site has ma...ximized the recreational opportunities on Sand Dollar Island -- including opportunities for birdwatchers -- while protecting one of the most important wildlife concentration sites that remains in the state. The site has been and can continue to be a model for coexistence of humans and wildlife. For further information or questions on this request, please contact Brian Millsap, Chief, Bureau of Nongame Wildlife, Florida Game and Fresh Water Fish Commission, at (904) 488-3831. Agenda Item No. 100 April 12, 2001: Pa!:Ie 66 of 1 t HISTORY Big Marco Pass Critical Wildlife Area (CW A) was established by the Florida Game and Fresh Water Fish Commission (GFC) on January 18, 1988, for the protection of an especially sign.ificant site for wintering and breeding shorebirds. Known locally as Sand Dollar Island, the CWA consists of a sand bar and shoal system south of Big Marco Pass, near the northwestern tip of Marco Island in Collier County. Because the system is state- owned submerged lands, approval for GFC action was given by the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund (Trustees), on December 15, 1987. The Big Marco Pass CW A, like most coastal sand bar systems, is a rapidly changing environment. Over the course of recorded history, numerous bars and shoals have fomed at the northwest comer of Marco Island, migrated toward the ~'farco Island coast, and then eroded away, only to be replaced by new shoals and bars fonning in the original location. The year-to-year changes in such systems can be dramatic. Bird use of these sites changes with each minor shift in geography -- what remains constant is that some part of the system is critical for shorebirds all the time. Because CW As and their legal boundaries are established by GFC rules in January and July, it takes months to legally adjust the boundaries of a CW A. Accordingly, it is impossible to respond in a timely manner to shifting bird use of these sites through the rule-making process. GFC's approach to the establishment of CW As has been to include within the legal boundary of the CW A the entire area over which important wildlife habitat occurs or is likely to develop in the foreseeable future, but to post as closed only those parts of the area that are actually critical to wildlife at the time. This approach enSures that only those parts of the CW A that are essential to wildlife are restricted from human use at any time, ma..ximizing both the recreational potential of the CW A and wildlife protection. Organized concern for Sand Dollar Island began in 1986, when local conservationists began working with GFC staff to post advisory signs on small areas of the island asking that the public not disturb nesting least terns and black skimmers. Because of the island's increasing area and elevation, use by birds and humans increased, and the advisory signs were not sufficient to prevent beachgoers from trampling nests in spring and summer and disturbing thousands of resting birds in the winter. This prompted the need for the fomal CW A designation. Although the legal boundary of the CW A includes approximately 607 acres, the current posted area includes only 13 acres -- the area that is specifically being used by birds at this time. Thus, the vast majority of the CW A area is, and has always been, open for recreational use by the public. The Big Marco Pass CW A site has changed dramatically since it was fIrst established in 1988 (Figures 1 - 4). From 1988 to 1990 the north end of the island eroded substantially and the south end migrated south and east. In 1990, Marco Island undertook a beach renourishment effort immediately west of the Southseas Condominium complex. Following .- Agenda Item No. 100 A 2ri112, 2005 Pa~e 67 of 161 the deposition of fill in this area, additional sand accreted naturally between the :Marco Island beach and Sand Dollar Island. In mid-1992, Sand Dollar Island became a perÜnsula by attaching to the Marco Island shoreline. Ironically, much of the sand that began accreting at Sand Dollar Island in 1992 fonnerly was deposited on a bar further south at Ca..x.ambas Pass, which was also a very significant CWA. The bar at Caxambas Pass eroded away shortly after completion of, and probably as a result of, the beach renourishment effort on Marco Island. Birds that used the Caxambas Pass CW A are now dependent on the Big Marco Pass CWA. The connection of Sand Dollar Island to Marco Island created a wide expanse of sandy beach and several tidal pools at the point of attachment along the renourished beach. The result was a dramatic increase in foot traffic along the entire length of the western shoreline of Sand Dollar Island, and a shifting of bird use to the newly-formed tidal pools. GFC staff extended the posted area to include the tidal pools in 1993. This was done to prevent foot traffic through an area where thousands of birds were resting and feeding, and also to protect an adjacent nesting area that had been heavily disturbed the previous season. The posting of this area upset some local residents. SIGNIF1CANCE OF THE AREA Significance to Wintering Birds Marco Island is perched at the top of the complex mangrove shoreline known as the Ten Thousand Islands. This area is of international significance as a wintering site for shorebirds. The bulk of the area's shorebird population is concentrated near the northern end of the island chain, from Marco Island to Cape Romano. Suitable shorebird habitat -- exposed sand and mud beaches and bars -- are rare in the Ten Thousand Islands proper. GFC staff recently published a detailed ranking of all 668 species of Florida vertebrates according to biological vulnerability. That project showed that breeding and wintering shorebirds are among Florida's most imperiled wildlife. Because of their extreme high priority for conservation attention, GFC Bureau of Nongame Wildlife staff recently undertook a literature review, survey of knowledgeable observers, and a statewide field survey of winter shorebird concentration areas. The GFC field survey showed that the Big Marco Pass CW A was one of the most significant wintering shorebird sites statewide, and supported the largest concentration of birds in South Florida. The Big Marco Pass_ÇW A provides winter habitat for at least 39 migratory and wintering coastal species, inc1udìÏig-- about 20 percent of Florida's federally- and state-listed threatened piping plover populat-ion. The Big Marco Pass CW A area is ranked as one of the top ten migratory and wintcring shorebird sites east of the Rock.)' Mountains by the International Shorebird Survey. Agenda Item NO.1 00 ARril 12, 2005 Pa~e 68 of 16 Significance to Br~ding Birds Big Marco Pass also supports about 300 pairs of nesting least terns annually. T1ùs is the largest nesting colony for least terns in peninsular Florida, and one of the three largest statewide. The site provides nesting habitat for stare-listed black skimmers, and nesting sites for about 10% of the state's threatened snowy plovers and about 7% of the state's Wilson's plovers. Unfortunately, while large numbers of shorebirds ret1Jrn to the island every spring, successful production of young has been diminished for the last 3 years due to human disturbance, mammalian predators, and bad weather. THE CONTROVERSY AND A TTElVIPTS TO RESOLVE IT GFC rust received complaints about the Big Marco Pass CW A when the closed area was extended in 1993 to include portions of the tidal pools and runnels at the point where Sand Dollar Island attached itself to the Marco Island shoreline. GFC staff met with concerned residents and Collier County Commission members in the summer of 1993 in response to these complaints. The objections of local citizens were that the GFC had extended the posted area onto the renourished beach without affording adequate public notice or hearing, and that the GFC establishment order for the sire was invalid because Sand Dollar Island was no longer an island. Residents claimed that the tidal pool was stagnant and a health hazard, and that protection of the site as a CW A limited future beach renourishment options. In a letter dated September 23, 1993, Mr. Burt Saunders, Chainnan of the Collier County Board of County Commissioners, srated the Board's opposition to "... the proposed expansion of the 1988 Critical Wildlife Area on Sand Dollar Island." The letter further stated that GFC staff"... entered on to the renourished beach and installed rope bamers. These rope barriers pro!ùbit tile access to our sandy beach for recreational activities and has caused a major inconvenience to the public using the beach." Mr. John Noms, Collier County Commissioner, and Mr. Francis Blanchard, a local citizen, attended the September 1993 GFC workshop to express these concerns to the GFC Commission members. Commissioner Norris and Mr. Blanchard specifically asked the GFC Commission members to direct GFC staff to move the CW A boundary back to its 1988 position, and to support Marco Island in an effort to obtain permits to fIll the tidal pools and runnels on the peninsula. Staff, in responding to tills request, pointed out that: 1. Big Marco CW A is a vitally important wildlife use area, and protection is essential at a statewide, national, and international level to a significant and highly imperiled wildlife resource - beach-nesting and wintering shorebirds. The need to protect the site and the legal mandate to protect threatened birds that occur at the site would still exist even if the CW A designation was rescinded. 2. Changes in the posted area within the CWA in 1993 followed the same rationale used since creation of the CW A in 1988 -- that is, the closed area was moved to protect birds in ."- Agenda Item No. 10D April 12, 2005 Page 69 of 161 areas that they were currently using, while unused areas were opened to human use so that recreation was not unnecessarily impeded. 3. The 1993 posted are.a was never any closer than 150 feet to any portion of the artificially filled Marco Island beach, and did not prevent access to any part of the Gulf- frontage beach 011 the Sand Dollar Island peninsula. 4. GFC staff has shown a willingness to pro....ide the maximum amount of recreational access possible, and currently less than half of the emergent acreage in the CW A is posted. Staff acknowledged that our willingness to accommodate recreation was probably responsible, in part, for diminished nesting success of least terns at the site the past few years. The public has never been excluded from Sand Dollar Island, even though the current establishment order and management plan would allow such action., In the past, GFC staff has even created throughways in the middle of posted areas to allow convenient access to the outer beach. GFC commission members directed GFC staff to mect with representatives of Collier County to detemline the feasibility of addressing their concerns regarding public access and inconveniencc, while maintaining the conservation needs of the CW A and the local shorebird population. The meeting occurred, and Commissioner Norris made two requests: (1) that GFC staff move posted areas back to the areas originally posted in 1988; and (2) that the GFC provide some assurance that it recognizes and is sensitive to local residents' concerns about future posting within the CW A, particularly as it might infringe on or limit accessibility to the recreational beach. After careful consideration of Commissioner Noms' request, written input from local businesses and business groups, input from local conservation groups, and discussions with Collier County staff, GFC staff made the following recommendations at the November 1993 GFC meeting: 1. Staff recommended that the current posted area not be moved back to the posted in 1988. The vast majority of that area i"ì now submerged, and is consequently not usable by shorebirds. The small remaining area that would be protected by taking this approach would scverely rcduce the amount of undisturbed area for birds, and would exclude the most important habitat -- the tidal pools and runnels that occur near the point of attachment of the island with Marco Island. This proposal would have great negative impacts on bird populations that are dependent upon this site. 2. Staff recommended reducing the posted area by 10 to 15 feet along the Gulf-beach side, and by 100 feet on the northern end because of further changes in geography and bird use of the site. 3. GFC staff was happy to provide assurances to the Board of Collier County Commissioners that the county commission would be consulted in advance of planned Agenda Item No. 100 April 12, 200t: Page 70 of 1E: changes in posting witmn the current CW A boundary, that the GFC would continue to be sensitive to the access needs of the local citizenry, and that areas would only remain closed if there is biological justification. Following this presentation, Mr. Blanchard and Commissioner Norris expressed dissatisfaction with the staff's recommendation, and raised a new issue by questioning the adequacy of the current legal description for the CW A. They asked that the GFC move the posted area back to \vhat they believed was the southern border of the legally described area, an action that would have placed the entire posted area underwater. In response to this request, Commission Vice Chairman Julie Morris requested that GFC staff undenake necessary surveys to clarify the boundary lines for the CW A and, if deemed necessary, propose amendments to the legal description to ensure crucial bird habitats were within the CWA boundary. On December 9, 1993, GFC requested via letter that the Department of Environmental Protection (DEP) , Bureau of Survey and Mapping, conduct a boundary survey of the CW A to detern1Íne the adequacy of the existing legal description. DEP contracted the work to Coastal Engineering Consultants, Inc., a local survey finn in Collier County, who shortly thereafter reported that the boundary was unsurveyable because it was based on Township, Range, and Sections which were unmappable in rapidly changing coastal siruations. Given the legal questions that had been raised and the direction provided by Commissioner Morris, the GFC contracted through DEP for Coastal Engineering Consultants, Inc., to develop a proposed revised legal description for the CW A referenced to frxed monuments on Big Ivlarco Island. GFC requested that this survey include all current and future potential shorebird habitat within which the Sand Dollar sand bar and shoal system could be expected to move in the future, and that the artificially filled beach be deliberately excluded from the area. On September 24, 1994, Mr. Blanchard wrote Mr. Percy Mallison, Director, Division of State Lands, DEP, requesting that DEP notify the GFC that the Big Marco Pass CW A was invalid because the Trustees' original authorization to protect the area was only granted for one year (1987). The GFC's request of the Trustees in 1987 was for concurrence to establish the area as a pennanent CW A. However, some language in the meeting minutes and certificate implies that the request was to close the area for only one year (1987), whereas elsewhere in the minutes it is clear that the area was to be closed in subsequent years by GFC rules. In response to the continuing controversy, and in an effort to clarify the issues that have been raised about the legitimacy of this CW A, GFC staff requested that DEP reaffmn authorization for the Big Marco Pass CW A with a new boundary under its delegated authority or refer the issue back to the Trustees. Because of the controversy that has developed over this site, DEP and GFC staff agreed that the best course of action is to bring the matter before the Trustees for resolution. ",--- Agenda Item No. 100 April 12, 2005 Page 71 of 161 9 GFC REQtJEST GFC requests the approval of the Board of Trustees of the Internal Improvement Trust Fund to re-establish the Big Marco Pass CW A under the revised legal boundary that is provided in Attachment A and illustrated in Figure 5. The current CW A boundary encompasses approximately 607 acres. The proposed new boundary includes approximately 1.506 acres. Gross acreages are misleading, however, because in tenus of emergent beach that could become important bird habitat and be posted by GFC, the new boundary encompasses fewer acres -- approximately 28 acres in the current boundary vs. approximately 26 acres in the proposed new boundary. The proposed new boundary excludes recreational beaches at Tigertail Park and the artificially filled beach near the point of attachment of Sand Dollar Island to Marco Island. Both are controversial areas that are included within the current CW A boundary, but which are not likely to support critical bird habitat. The new boundary includes all likely and historical areas of migration for the Sand Dollar sand bar system, including shoals that are presently fonning offshore near the northwestern tip of Marco Island that may become important bird habitat in the near future. This ensures that all essential bird babitat areas are included within the legal boundary of the CW A. TIlis will allow GFC to respond quickly to protect these new important bird nesting and resting sites, as well as to open unused areas to human recreation. GFC has no plans to increase the current posted area within the CWA boundary, so the actual amount of land closed to recreational use will remain at approximately 13 acres for the foreseeable future. Future changes in posting will be limited to closing speciflc areas within the CW A boundary that are deemed essential to birds at the time. GFC staff will advise the Collier County Board of County Commissioners prior to expanding posted areas or posting new areas within the CW A boundary. If new closures impede recreational use, GFC staff will work \vith the county to provide pass-through areas to facilitate recreational access to the outer beach. GFC urges the Board of Trustees of the Internal Improvement Trust Fund to approve our request to re-establish the Big Marco CW A with the boundaries described in this report. Although opposed. by some local residents, we believe that our management of the site has effectively maximized the recreational opportunities on Sand Dollar Island -- including opportunities for birdwatchers -- while protecting one of the most important wildlife concentration sites that remains in the state. The site has been and can continue to be a model for coexistence of humans and wildlife. OLO..- 00<.0 ..-0"- .N_ o _0 Z~N E=I'-- Q)L..Q) ....... a. 01 CO -< CO "'C a.. c Q) ~ ".':: : r .1 j~ .¡~ .~j' . t f .i' c:x: ,'<.1 5 , .....I 0 .;1 O· Z ..:.! . ,i' .~ Q 5 "",~~j:;;/ §¡! Q2 .......r < .:y:¡:¡;>::';'. (/') ." . - ~ ~~ .......:.; <: ~ en CJ? <(h Q.~ Om (Jcn CC.,. ~ II!!!! fiíi: " ..... CQ c ;z <: CIJ - :I: U « c UJ w en en 0 o LIJ ...l Z U ;: C 0 ~ ~ o ;! c.. ø 8 o çJ t:i w u. c' ..... ~ ... ~ li: \ ~ ~ "0 c: :: S <I: 3: CJ - c æ ( ) ... c.. )!';. "- '" ~ ?: OLO..... 0°<.0 .....0..... ,N_ O - 0 Z~(") E=I'- Q)L-Q) +-- Q.C) ~«('O "U c.. C Q) If ::¡#:~::, t1~1:;:;;~~¡:!'. -==: :; (,) (Jj en <~ 0.. O· C;; (.)0"> 0:'- < :E C-' - CC ~ ~ l- SO ~ i Ie:: ¡ / lid: / :J Q 0:2: c:S Cø z- <1: r.JJ c w ø o ...J CJ Q w ~ o c.. o Z <t r./) - :t :J: () U ü5 15 CQ t:Q Q 0 W W Z J: 3: ø o - I c: UJ :::I I- 0 ~ z r./) ~ tu w u.. II ~~1~ II \ ~ C'!.S 1:' C :: cB ~ () - c ~ (1) - c. v. " Ò ct C OLD...- 00<.0 ...-0...- .N_ o - 0 ZN....r "'-1"- E 1::::: (l) 2 0.0> -«ro ro a.. "'C c: (l) 0> « _J:':¡ ~.::r: ...~.. :: ~~~ :~:~:~:~ ~.i:¿::>" « c ~ z U <:: CJ) en - :J: :r: 8 CfJ ü ü 0 ~ M <:: <:: C\/ ~ C L1J L1J W II) to 0 ~ CJ) C Q tñ 0 UJ W (.) ..J Z ::I: w U ~ en Ll.. a: ~ - < Q 0 a: w I ::J W =: l- t- 0 0 en ~ z " 0 w Co en a: .- CD II' ~--~:~ II .-... ......:;~ .. ~ Q ~ ~ ¡,:: c: ~C oz cS Cr/) Z < (J) \ ~ ra "C c ~ d5 <t 3: u - c ~ e c.. "'1 ~ ª QL{)T"" 0°<.0 T""0T"" .N_ o _0 ZNL{) T""r-- E= Q)....Q) +-' a. 0') -«('(I ('(I a.. "'C c: Q) ~ ~ UG) cn~ ~,.. 0..""" I-- 8~ c.:cc ~= 2(J '" .. = Q Z U1 - :I: J: U U C ü1 L5 UJ a:¡ cc tn C C ...10 W W Z :I: ~ ~ ~ Wi::! ~ W 0 tJJ ~ Z o ~ UJ a. C/) a: II !:'1~~ ~::ti~ II § C\I tü ill u.. o ..¿. C) ~ ,§ ,.. - a: ~Q o 2' 0:3 QrJ) ~- < (fJ \ \ \ ~ ca "'C C :::::I o to -< ~ - C C) tn a> ¡,. Q. or .. ~ ",. ~. 01[)...- 0°<0 ...-0...- N_ O _0 ZN<o "'-1"- E ï:: Q) Q)c.t:n =:«ca ca a.. -0 C Q) t:n « - -- --- ------- ---- - - - - ---- ~ , ~ , , ! \ Æ \ ~ 0:: \ u :5 c \ ¡ ..J Z ' f ~ ~ \\JQ. z - oCt , en ..1 ------- < 0 ?: :z c:t t) ......... en Lt) - :t: \ en 81 :I: U U §. ~ .,.. ~ L5 ~ c CD aJ C\J ~ ~ I-- UJ c C l- ra en w w "0 O' Z 9 w w = W Z :I: IJ.. = U u ~ (JJ 0 a: - aJ = C a: -=: a: I :=¡ 0 < UJ UJ 0 3: :2 =' ~ S ::z: u C) 0 W "'0 0: Q) " 0- 00 ( ' 0 - II ~~ II c. CQ ._~.R 0 ~ ... or Vi C. "- ~ ;: \-0 :- ~ ~ Agenda Item No. 10D April 12, 2005 Page 77 of 161 APPENDIX D Chapter 68A-14, F.A.C. Critical Wildlife Area Enabling Legislation ~.'~ ~ CHAPTER 6BA-14 ESTABLISHMENT ORDERS FOR DESIGNATED AREAS 68A-14.001 Establishment Order>. 6BA-14.0011 Opening or Closing Are<1s Other Than Restricted Hunting Areas, Bird Sanctuar- ies or Critical Wildlife Areas; General. 68A.14.001 Establishment Orders. Whenever the Commission establishes an area to be a Type' or Type II wildlife management area; a wildlife and envi- ronmental area; a refuge; a bird sanctu- ary; a restricted hunting area; a critical wildlife area; a fish management area; or a miscellaneous area, it shall dO so by an establishment order. (1) The establishment order shall recite at least the following; (a) The legal description of the area to be established. (b) Any terms and conditions under which the area is establishea. (2) The establishment orders shall be kept by the Commission in its headquar- ters office, and lists of all orders estab- lishing an area as a Type I or Type II wildlife management area; a wildlife and environmental area; a wildlife refuge; a bird sanctuary; a restricted hunting area; a critical wildlife ¡¡rea; a fish management area; a wila hog area or a miscell,1neous area shall be kept by the Commission in its headquarters office and shall be avail- able to the pUblic for inspection. (3) Public small-game hunting areas may be established within Type I and Type II wildlife management areas, wildlife and environmental areas, and fish manaye- ment areas pursuant to Section 68A- 13.007, FAC., for the purpose of desig- nating dove-hunt only areas. Regula- tions for each pUblic small-game hunting area so estabiished shall supercede reglllatlons for the Type 1 wj dlife man- agement area, Type II wildlife man¡¡ge- ment area, wildlife and envlronment¡¡1 area, or fish management area within which it occurs. 68A-14 SpecIfiC IHlthorily -"rt. IV, Sec. 9. Fla. Const. Law Implemcnled Art. IV, Sec. 9. Fla. Cons/. His/ory-New 8-1-79, Amended 6-21-82, For- merly 39-14.01, Amended 10-¿8-97. 6-30-99. Former/y 39-14.001. Amender112-?0-99, 7-18- 00 68A-14.0011 Opening or Closing Areas Other Than Restricted Hunting Areas, Bird Sanctuaries or Critical Wildlife Areas; General. The Commission may estabiish refuges, wildlife management areas, fish management areas, wildlife anc environmental areas, wild hog areas and miscellaneous areas and regulate and manage the lands or water therein in the best interest of the state; and in fur- therance thereof: (1) Open or close any lake, stream or river or parts thereof. any county or part of a county to the taking of wildlife or freshwater fish for the purpose of estab- lishing, protecting, or managing wildlife or Ireshwater fish, and prohibit hunting, trapping or fishing within such areas. (2) All closed waters or lands shall be posted and it shall be unlawful for any per~on to deface, remove or change any posters or signs placed by the Commis- sion or its cooperati ng agents. (3) Open or close any lake, stream or river or parts thereof. any county or part of a county to the taking of wildlife or freshwater fish when it is found or be- lieved that an emergency eKists where, absent such action on the part of the Commission, harm or disaster to Ihe wildlife or fish population within the area under consideration might occur. Such opening or closing action shall become effective immediately as prescribed by emergency order adopted by the Com- mission. Specilic Authorily ^rt IV. Sec. 9. Flf¡. Const.. 372.021 FS. Law Implemented Art. tV, Sec. 9, Fla. Cons/.. 372.121 FS. His/ory-New 6-21-82. Formerly 39-14.011. I\mended 1 '-23-97, FDr- marly 39-14_ 00 11 January 1. 2001 Agenda Item NO.1 00 April 12, 20('·' Page 78 of 1l -. 0' '.-".\ . .i'! LISTING OF AMENDMENTS Chapter! Section Change Effective Date Description 68A-14.001 Amendment 0711812000 Amending the section to provide for the es- tablishment of public small-game hunting ar- eas wilhin Type I and Type II wildlife managemenl areas, wildlife and environ- mental areas. and fish management areas pursuant 10 rule 6BA-13.007, FAC., for the purpose of designating dove-hunt only areas. 68A-14 2 J ¡¡nuary 1 , 2001 Agenda Item NO.1 OD April 12, 2005 Page 79 of 161 APPENDIX E Conservancy of Southwest Florida Position Statement Regarding Big Marco Pass Critical Wildlife Area Designation Agenda Item No. 100 April 12, 200f Page 80 of 16 <,.,,~ Agenda Item NO.1 OD April 12, 2005 Page 81 of161 Position Statement Big Marco Pass Critical 'ViJdlife Area (Sand Dollar Island) November 20, 1997 Re\·jsed ApríJ 6, 19\)8 ~ THE CONSERVANCY Of Southwest Florida - - ~ø-- - Positioll The Conservancy ofSouthwcst Florida actively supports the Game and Fresh Water Fish Commission's (GFC) management of Sand Dollar Island (SOl) as a Critical Wildlife Area (CW A). In fact, The Conservancy has created its Friends of Sand Dollar Island, which has grown to more than 60 members. The mission of the friends group is to support grass roots advocacy for SOl and the CW A. For a resolution to safety concerns around the CW A, we recommend that the area be posted with new, more conspicuous signs warning beachgoers of the dangerous currenl'ì in the tidal chaImel between SOl and Marco Beach. Additionally, we reconmJend that a County task force be fom1ed to investigate the many altematíve solutions proposed thus far. Some may be reasonable to consider, such as lifeguards, better signage, rope crossings and warning systems. The Conservancy believes that other solutions, such as filling or dredging the lagoon, or erecting a wooden bridge to SDI should be discussed but are ultimately unacceptable, as they would negatively alter the natural system and be den-imental to the CWA. Furthennore, we will strongly oppose and act1vely challcnge any pcnnit application that would, in effect, destroy wildlife habitat. Rackgroll/rd Sand Dollar Island is considered to be one of the 10 most irnporumt shorebird wintering sitcs in the Eastern United States. It is one of only two habitats of its kind designated as a CW A between Tampa and Flamingo. Sand Dollar Island has the largest concentration of shorebirds in South Florida. Sand Dollar Island is part ofÙ1e Big Marco Pass Critical Wildlife Area (CW A), which was designated in December 1987 by the Governor and Cabinet, sitting as the Board of Trustees of the Intcrnal Improvement Trust Fund. The Florida Game and Fresh Water Fish Commission in January 1988 estnblished the CW A. The Big Marco Pass CW A is a dynamic sandbar and shoal system, located ofT the northwest shore of Marco Island on state-owned submerged and emergent lands. The CW A is adjacent to Hideaway Reach, Tigertai113each and the northern pomon of SOUÙl Seas Condominiums. A CW A, as defined by the Florida Administrative Code, is as area "which is regulated to minimize the adverse impact on wildlife due to man-caused disturhance or destruction" (F.A.C. 39-1.004). As a C\VA, the Florida Game and Fresh \Vater Fish Commission ropes off critical areas to exclude human access during nesting season and feeding and resting areas during winter migration. Access is still Agenda Item No. 100 April 12, 200F= Page 82 of 16 available for beach shelling and people can walk around the island along the shoreline. The Conservancy has posted signs urging people to walk on the Gulf side of the island to avoid disturbing flocks of birds in the tidal flats of the lagoon. Big Marco Pass CW A was established due to the area's suitabiìity as a valuable resting, nesting and fceding area for at least 39 species of migratory and wintering coastal species. These 39 species include 13 species of birds on the state or federal list of endangered species, threatened species or species deserving consideration or protection. Sand Do11ar Island contains about 20 percent of the toml population offlorida's threatened Piping Plovers, and a large number of beach-nesting Least Terns, which are aIso listed as threatened. Other listed species that use Sand Dollar Island include the Bald Eagle, Osprey, Peregrine Falcon, Brown Pelican and American Oystercatcher. These birds arc adapted to the land/Gulf ecosystem of flat., open, ground level habitat contained within Big Marco Pass CW A. Ratiollale Due to intense coasml development., suitable habitat for migratory and resident shorebirds is dwindling. It is neCCSSaIY to protect Sand Dollar Island as a CWA for the survivaI o[Ù1ese wiIdlife species. Tne suitability of Sand Dollar Island for these birds is evident due to the number and diversity of species, which inhabit the area. Even with the human activity around Ùle CW A, birds that utilize that area do so because there are very limited areas that provide the type of habitat and natural protection they need to survIve. Sand Dollar Island became embroiled in controversy when the southern tip of the island attached to Marco Island in 1991. At this point., several residents wanted to have the lagoon between Sand Dollar Island and Marco Island dredged and fined to eliminate "so caned stagnant" water. Other issues regarding the area have included Ù1e health hil7...ards associated with the "so called stagnant" lagoon between Sand Dollar and Marco Islands, the odor from this \vater, limited access to the Gulf due to specific CW A areas being roped otT to the public, and safety concerns due to strong tidaI cum::I11s between the beach and Sand Dollar Island. In response to these issues, it should be noted that water quality tests commissioned by the Col1icr County Commission conduded that the water between Sand Dollar Island and the beach was the same as the water quality on the Gulf side of Sand Dollar. In addition, the tidal pools between the islands arc a necessary part of thc wildlife habitat. With regard to limited human access due to the CW A designation of Smld Dollar Island, it is wiùÙn lhe authority of the GI'C La limit human access to all of" Sand Dollar Island. However, the GFC realizes the importance of this area for recreational purposes and Ù1ercforc only ropes offthosc areas in which the shorebirds cU1Tently inhabit. Many options have been discussed more reeent1y to respüml to the safeLy concerns after three drowning deaths in the area last year. Solutions to the safety issue range trom filling in the lagoon to prohibiting human access a1togcther. tvlore moderate solutions include creating a boardwalk between the beach and SDI. putting a lifeguard on duty and posting more signs to further educate tile public. The Conservancy feels that safety can be ach1c\'cJ without compromising thL: CW 1\ dcsignation üf Sand Agenda Item No.1 00 April 12, 2005 Page 83 of 161 Dollar Island and v..ithout infiinging on the habitat of the wildlife which relics on Sand Dollar's CW As for nesting, resting and feeding. The Conservancy believes that more signs and more education would answer the need for an immediate solution to the Sand Dollar Island safety issue. Long-term solutions should be discussed by a task force, which could include residents of Marco fslauJ, mem bers of the City of Marco Island and Collier County government or their staff, a representative trom the GFC and environmental orga¡úzations. The Conservancy '5 Friends of Sand Dollar Island The Conservancy formed its Friends of Sam I Dollar Island in order to involve the community in grass roots advocacy and support of Sand Dollar Island and the Critical Wildlife Area. The Friends group began in October 1997 after proposals surfaced to fill in the lagoon between Sand Dollar Island and Tigcrtail Beach. The Friends countered this sentimcnt with letters and phone calls to elected officials in SUppolt of the CW A. Since that time, the Friends of Sand Dollar Island have expanded their efforts to include education and public outreach as tools for infonning the public about the importance of this CW A for nesting, resting and fceding migratory and resident shorebirds. Our educational outTcach will occur in coordination with the Florida Game and Fresh Water Fish Commission. Lori Haynes and Ricardo Zambrano, both of the GFC, are actively involved in protecting Sand Dollar as a suitable habitat for birds as well as providing for an enjoyable recreational location fi)r visitors. The GfC and The Conservancy Briggs Nature Center will coordinate the Friends educational outreach programs. Educational programs that the Friends of Sand Dollar Island will be implementing in the future include leading interpretive shorebird walks on Sand Dollar Island; giving slide presentations on shorebirds to civic and homeowners associations; presenting shorehinl programs to school groups; and participating in festivals and special events. APPENDIX F Piping Plover Critical Habitat Unit FL 27 - Marco Island Description and Location Map Agenda Item NO.1 00 April 12, 200~ Page 84 of 1 E. ~-, Agenda Item NO.1 OD April 12, 2005 Page 85 of 161 Description or Critical Habitat Area for th\: piping plover Federal Register: July I U.. 200 I (Vol. (¡6, Number 132) [Rules and Regubtions] [Page 36072] From the Federal Register online via GPO access [www.access gpo.gov] [DOCID: frlojyOI - 11] Unit FL .- 27: Marco Island. 245 ha (606ac) m Collier County. Most of the unit is at the Tigertai Beach County Park. The unit's northern border is on the north side of Big Marco Pass, including Coconut Island and aJ] emerging sand bars. On the south side of Big Marco pass, the boundary starts at the north boundary of Tigel1ail Beach County Park and extends to just south of the fourth condominium tower south of the County Park. The placement of the southern boundary assures that the unit includes all of Sand Dollar Island, the changeable sandbar off Tiger1ail Beach. The western boundary mcludes all the sand bars in Big Marco Pass but excludes Hideaway Beach. It ITIcludes land from MLL W to where densely vegetated habitat (including grass or lawns) or developed structures, not used by the piping plover, begin and where the constituent elements no longer occur. General locations of the design. .. ated erin~g' N 1 . . -A9èñ~~m o. 00 habitat for the "Winterinø Pip.. ing· Plover April 12, OC)'"" ~ ~a e 86 0 1l 1 { "-""_u __ ~-"--"'''''''--1I _ ~ ""$! _ _= - _ - _~__~w ßigM:I:'~~:' Tigertail Beach "¡.'..~, '. I FL-2 ''''ar.. . ~~,~~ , ..,' Collier Corlr/f)!, FL <. ? ~ . ~ ,,' . " '*"- ~ Gulf of l\1 exic 0 Gullh'un Bay General Area Distance: Miles 048 I; , . ., ",-;..'" <, ~..:~"'<:.~¡?:;?::';. ';w . . : f-<~_. . '. >",_" à Lco-end .0 @ City 11~own /V T\--1aj... Road ¡ High'Moray Land _ Crilico.il Habitat 'lS .\~, (,,'\ c Use Constraints: This map is intended to be used as a guide to identify the general ureas where Wintering Piping Plover critical habitat has been designated. Included wiOtin the de.~ignuti()n of critical habitat arc all land arca..o¡ to the mean lower low water. Refer to the narrative unit descriptions us the prcL;se 1e.g.aJ definition of critical habitat. Florida Unit: 27 Sonu~ loc~~Sions h:n'c bC4.~n slightJ)' (·ntH·~'èd f..r disl}'a)' pUrl:K)Ses~u. -, APPENDIX G Summary of Avian Data, Sand Dollar Island (From: The Important Bird Areas of Florida: 2000-2002 - South Peninsula Audubon of Florida. 2002. Available at http://www.audubon.org/bird/ibalOorida) Agenda Item No. 100 April 12, 2005 Page 87 of 161 ¡he ImlMllflN! II;' d ..fr(,fIS oj'¡:/nn"r/d. w~( {j(J ~'IJ()2 "/'{:lrIY Agenda Item No. 100 : .Iii I I,.' ,p¡-.priI12, 2001:: Ftage 88 of 1 E RIG MARCO PASS SHOAL Collier County acres ( ha) LOCATION: on Marco Island in sOllthwC'stem Collier County. [More infoIll1ation] DF.SCRIP110N: sandf1ats about 0.6 miles (I km) in length along the northwestern shoreline of Marco Island. The island is a fomler mangrove forest converted to a 2000 acre (~()() ha) resiùcnti;.J! development beginning in the I 960s. 13ig Mareo Puss Shoul is designakd by the Florida Fish and Wildlife Conservation Commission as u Critical Wildlife Area. The shoal receives rccreationists annualJy. This site is also known as TigeI1:1i1 Be¡¡ch. OWNERSIIIP: State of Florida (sovereign lands) HABITATS: *coastal strand, estuarine LAND USE: *conservation, *recreation IBA CATEGORIES: significant populations of Thre¡¡tcncd, Special Concern, FCREP ^. and Watch List species; signi fjcant numhers of shorebirds and larids; significant natural habilats: and long-term research AVIAN DATA: Big Marco Pass is critiealJy lIllportant for wintering PiplJlg PJovers, other shorehirds, ¡JIlt! breeding and roosting larids. Ted Below has conducted 79~ tWlce-wcckly shorebird and !arid surveys of Marco Island since 1992. [I?_.ª.bmLList avatlahle'! I· ................- Rcd Knot Shorebirds Royal Tern Sandwich Tern Black Skimmer Long-term rese~r¡;h_~ 01\ TES ] \In-present Jan·Feh "00] 1974-·19')9 wi nter 199') lan-Fell 200 I several 1999 su rve ys sever~ ] 199') surn:ys sevcral ')<)') surveys sevcr,)1 1999 surveys summer] ')9') since 1992 N lJ 1\1 BERS ..-. .~-~-~--"--'--~"~' me;,]) or J nests [r..a_rygs:1] [7 birds l1le<1n of 15 nests [ra'~] 35 birds 41 birds mean or 103 birds [r<1nl!.c·)] I1lcan of 20(JO birds rr<1n~c?l mean of404 birds rr~nl!.c·'J lTle<1n ur)17 birds [!lJllg(' 567 nests _____._.~º~IM~~Ts_ . I ,~o (B) 4% (R) 7'~·;, (B) 7%(W) 8%(W) (\\' ¡ (W) (N) (N) 35% (8) 798 ccnslIses bLled neil,\~~ SPECI r::S Snowy Plover Wilsoll's Plover Piping Plover Data providcd by Ted Bclow (Audubon of Fiorida) OTHER Rr.SOURCES: none known THREATS: *dcvelopment, *human disturhance CONSERVATION ISSUES: Marco Island is a massive development slllTounded by extensive mangrove forests (see Myers and Ewd 1990: 518 for photographs of Marco island before and after dl:velopmcnt). The beach along the \Vcst sIde of the Island is proposed rnQ\\"_¡J~~iID-1lliqrrl hy the U.S. Fish <Ind Wild Ii rc Scrvice as critic¡¡1 wil1lering habitat ¡"()[. ¡'iping Plo\"crs. Ilowever, an)' eOl1sc!'\,lIion aetion on Marco Islanù is vehemently opposc:d hy the pro-developmcnt community. I knee, proposed designation by tbe US Fish and WddJife Service of the ouler beach and tlats as Critical \Vinlermg !1abital for Piping PI()vers has heell emphatically ¡()ug.ht by !oe;ll residents, even though dcslgllatu)n merely maintains the stains quo. The inller beach is heavdy lIsed Il)r recreatloll, while Ih..: ()ulèr hC:Kh and flats the area most lIsed by plovers-;¡re seldom used hy hUlllans. NOMINATE\) By: Ted Below (/\uduhon of Florida) ~ Av Du 'ßo/-J SOC\\; T'i 1.M?c>~\/\N '\- B \\?0 I\<¿c/J.s () ICC FLDK II/A (\.<,\ G MAKCo í'AS.S 5f\oAl..) Southern Peninsula -- Western Panhandle Eastern Panhandk 0:onhern l'eninslIl¡¡ Centr;¡1 Peninsula Sl)uthcl'Tl Peninsula r:!orid;1 Keys F10rilla IIL\ flume Natinnal in!\ ¡ IOl11c I)agc I of 1 Agenda Item No. 100 April 12, 2005 Page 89 of 161 ImportalltBird Areas oj~Florida Southern Peninsula ,¥-i\V\)U\3DA) SOC\t::\\ IMl?o~\AAJ\ )SI!",\) Aì':.ç:l\S Or \:'""LD'C\'DA (SC¡v\\\i::1UJ t'f:>-J\I\JSVl..l\) 1111 r ://w \Vw .Hl1dllbon .org/bi n(!ihal floridal sou! hern (%20pcn i Ilsul <l. h t 1111 V3/2005 Agenda Item No. 100 April 12, 20r- Page 90 of 1l APPENDIX H Ted Below Report "Marco Inlet - An Important Waterbird Site" .-, Agenda Item No.1 00 April 12, 2005 Page 91 of 161 Exhibit 30-] 0 Marco Inlet An Important Coastal Waterbird Site Marco Inlet, an Important Coastal Waterbird Site Agenda Item No. 100 April 12, 20('~ Page 92 of 11. Just north of Marco Island, Collier County Florida there is a coastal inlet Lhat before the mid nineteen ¡¡flies had one pass named Big Marco Pass. Since that time considerable physical changes have created a confluence of thn~e pa.sses; Big Marco Pass to the south, Little Marco Pass to the north and Capri Pass between them. These passes merge as they reach the Gulf of Mexico and for all i11tents and purposes are aCLually one gulf pass shoal system and will be referred to as Marco Inlet in this document. This system in the past and today contains a number of bird activity sites iè) ' both feeding, roosting and nesting coastal waterbirds. Aerial photos from 1928 (NOAA) through 2003 show that there have been considerable changes in this system, but the basic configuration has remained the same (Collier County's Big Marco Pass Inkt Management Study, July 1997 contains historic aerial photographs from 1940 Lo 1996). No whcre in those photos is there such a ]arge bird feeding and roosting area as is present in the southwest quadrant today. The photos do show that about from the early nineteen fifties through the nineteen sixties a much smaller possible bird feeding and roo~ting area was present in the same area but by 1969 it was gone. The present day bird activity site started to form in about 1980, has become known as Sand Dollar Island and is a very important coastal bird feeding, roosting and nesting location (see beIO\v). Since 1974, this area has been studied by the author with the goal of documenting the species, numbers and population changes of the coastal waterbirds occurring here. The goal of this report is to summarize that effort and to asses the effect oftbc construction ami the changes to the system by thc Hideaway Beach Erosion Control Pbn. As the bircls usc or have used all of the Marco Inlet for fccding, roosling and nesting it is impossible to separ,\te out or prediet bird activity in anyone location; therefore this report will address the \vhole site. Although the Marco Inlet contains six distinct bird use sites (form the north; south Keewaydin Island point, Cannon! Sea Oat Island beach, Capri Pass sandbar/feeJing flat, Coconut Island, Hideaway Beach and Sand Dol Jar) Sand Dollar now gets over ninety percent of the bird activity in the area. Sand 1)01lar has been recognized both nationally and internationally (Below. 1985) as an impol1ant bird area. In nineteen eighty-eight the State of Florida designated the site as tbe Big Marco Pass Critical Wildlife Area to protect coastal waterbirds (Establishment Order No. CW A 88-1) and was the second such sandbar site to be established in tbe state. Of sixty shorebird wintering sites in F]orida, Sand Dollar (known as Tigertail Beach in this document) ranked ninth in the state (Sprandel. et. al. 1997). The northern pOliion of Marco Island (Sand Dollar) was designated as critical habitat for the threatened and endangered Piping Plover by the U.S. Fish and Wildlife Service on Ju]y 10,2001. Sand 1)o]]ar had the second highest concentration of wintering Piping Plovers in the State of f]orida and the ninth highest wintering concentration in NOlih America, where tbc species is indigenous (Ferland and Haig.2002). Although the above refer mostly to shorebirds they indicate the imp011,mce of the Mareo Inlet to all coastal \vatcrbirds. -, Agenda Item No. 100 April 12, 2005 Page 93 of 161 Methods The infon11ation presented below has been generated from three studies. The first staried in 1974 (contains the Marco Inlet) is a twenty mile transect just north of Marco Island, is called MBCX (Marco Bay Complex). The second CAPE (Cape Romano Shorebird Census) a forty mile transect along the coast south of Marco Island, started ill nineteen eighty-two. Both of these projects arc on going and have the goal of recording species and numbers oCcoastal waterbirds using these locations. The object of these two studies is to determine how coastal waterbirds use the coast, both seasonally and yearly and to determine what the trends are. The third study BAND (Cape Romano Shorebird Banding Project) started in 1985 and was terminated in 1991. In this project indi\'idual shorebirds werc given uniquc color band combinations, according to the Pan American Shorebird Program's protocol (Harrington 1983). The goal of this project was to learn much more about how shorebirds used the area, their migration and where they ncsted. The details for both MBCX and CAPE are presented in Appendix # 1; JJAND is presented in Appendix #2 with a detailed summary of banding results. Note: Coastal Waterbirds is a tenn used in this repOli to describe aU the species of birds using the coast. This term has been devised due to the confusion in recent years by the lIse of the term shorebird. To the world wide ornithological community with a large resource of published information the tel111 shorebird refers to $(mdpipers, plovers and their allies. In recent years, uninformed persons have taken to using the term shorebird to define all tbe birds using the shore, creating considerable confusion. Coastal waterbirds includes shorebirds (families; Charadriidae, I-Iaematopodidae, Recurvirostridae, Scolopacidae), pelicans and their allies (Suborder Pclccani), herons egrets (Family Aredidae), ibis (Family Threskiornithidae) gulls, terns and skimmers (Family Laridac). The check list of coastal waterbirds using the Marco Inlet (Appendix 143) 5ho\-\l5 the species, a code that indicates abundance and seasonality, the mean and range of the analyzable species and the status of those birds listed for special protection by both Federal and State governments. Seventy coastal waterbird species have been recorded on Sand Dollar and in the surrounùing area. Of those 70 species enough analyzable data has been gathered for 39 species to assess their use of this unique site. The 39 specics comprise 95% of the birds that use the Marco Inlet; shorebirds represent 52"/;. orthe 95% and pelicans, gulls, terns and skimmers represent the other 43%. Sixteen species of the 70 species are listed by either, the U. S. Fish and Wildlife Service and or the Florida Fish and Wildlife Conservation Commission. That 23% orthe species of coastal waterbirds that cxtl:nsively llse this inlet are designated as wildlife that needs spcL:ial attention is another indication of the importance or this site. Coastal Waterbird Activity Sites The Marco Inlet, contains six bird use areas (Fig. #1), the following wil! address the location, history, physical change and bird use: starts with the northwest site. The information for these accounts comes from data collected in the above studies (Appenuix # 1-2) and personal observat iOlls. 2 o . " SÞ.NP DOUAR - _ L$1.AND 11: or PHOTOGRAPH: JAHUARY.2fJ03.. PHOTOGRAPH PROPERTY or- ;a'4\ ;:... OWER COUNTY APPRAISER'S ,omct..' FIGURE . ~~ I Agenda Item NO.1 00 April 12, 2005 Page 95 of 161 South Keewaydin Island Point: This point on the south end of the island is bounded on the west by the Gulf of Mexico and on the east by Little Marco Pass and is in the northwest quadrant oftbe inlet system. The island has been lengthening by accretion for at least forty years (County aerials) therefore this tip of the island is mostly bare sand with a little beach vegetation that is ideal for roosting and edge of water feeding coastal waterbirds. The waters along the gulf side of the point that also wrap around the tip to Little Marco Pass, arc shallow with constantly changing shoals ami gradually tapering beach. Conversely the waters on the pass side of the tip of the island arc comparatively deep and the beach drops off abruptly; therefore it is a good place to beach a small boat. This is one of the factors that make the southern end of the island very attractive to human use which creates a lot of disturbance for the coastal waterbirds trying to roost (discussed below). The island is in the Naples Christmas Bird Count circle and has been censused since 1963; these surveys show that between 1963-74 a good number of coastal waterbirds lIsed the point (Christmas Bird Counts. 1963-74). The graph belm\! (fig. #2 from MBCX) shows that between 1974 through 1976 about an equal number of Brown Pelicans were using both Sand Dollar and Little Marco Pass. After 1976 to the present although there is a lot of variation pelican use of Sand Dollar remained stable. As for Little Marco Pass, use declined rather dramatically from 1976 through 1981 and has remained low since. The trend indicated by the pelican graph is indicative of the use of this site by all coastal waterbirds; they continue to try to use the area but arc unable to because of human disturbance. In this graph there is a lot of variation in the Sand Dollar curve, this is typical for very mobile bird populations over years. Three species of coastal waterbirds (Snowy Plover, Wilson's Plover and Least Tern) have nested on this point and continuc to try; this will be discussed in thc section on coastal nesting. Figure #2. BROWN PELICAN 12°nD ' i T'T! l':r"'-r~r'- ---'---II--~~'T'-:---TI'-\-P'-¡ 100 I : "I \'-¡ :: \; -¡ 'J I ..... ----r-~l t:f-+-----j : . ; I 8C . -i-¡.L' '~:\' ; -f...¡-..1\- --~._~~- . .\ -1---1' -~. ~ ..-1--11- \-.,' , ~ 60 ,,_--;l.\Û¡ _¡ .JJI·~L-~·!J :: ! >:\I_·"~L~J¡. \ ~-,¡_!j~~." :;;, I I ~ I ,', .' ' . 1 I I ! I' Ii, , 1\..., , , ! ' i' \,' ,.¡.... . I '" I I I "U ' ,'"1 i : '" 1:--1 'i'.l . 1 I ' o '---"¡._~'- ,.4. 75 76 17 '18 79 BD ~1 B2 83 84 B5 RS E7 88 89 90 Ð1 92 93 94 9~\ 9(. 97 9C 99 (\0 0\ 02 O~ YEARS _ - SAND DOLLAR -L. MARCO PASS -'1 Note: In al1 the graphs that give a mean for the year (vertical axis) that figure represents the average number or individuals recorded that year. Agenda Item No. 100 April 12, 200t: Page 96 of 1( ç-ªDnoni Sea Oat Island Beach: East across Little Marco Pass stal1ing about opposite the present southern tip ofKeewaydin Island and extending south about a mile is a narrow beach. At the start of the MBCX stlldy (1974) most ofthc nOl1hern part oftllÍs beach was a small open bay in front of Cannon Island: at this time the southern end of Keewaydin Island \vas at Icast a mile farlhcr north. From the open bay a shallow pass extended south to Big Marco Pass behind what is now called Sea Oat Island; this pass started to close at tbe north end in the mid nineteen seventies. Presumably this sh08ling was caused by the opening of Capri Pass in the late nineteen sixties that separated what is now calleel Sea Oat and Coconut Islands (Humiston. 1988). By: 1980 the small bay was completely filJed in and Cannon Island (to the north) was connected to Sea Oat Island (to the south) by beach and lightly vegetated sand habitat. The middle of the beach became velY good 1m\' tide feeding habitat for .shorebirds especiaJJy the Red Knot and a reasonable good coastal waterbird high tide roost. This bird activity continued until the mid nineteen nineties when the invading Australian Pine (Cas/larina equisetij'o!ia) grew high enough to conCl:al bird predators (such as the Peregrine Falcon) the avian use has now mostly ceased for this reason and possibly others. Capri Pass sandbarlfeedin~ flat: At the south end of the shallow pass cast of Sea Oat Island described above, a shoal area developed as the northem end of the pass started to close. With emergent sandbar ancllow tide feeding flats, this shoal became a moderately important coastal waterbird activity site. Over the years the roosting/feeding habitat has changed considerably, become heavily used by humans and is seldom used by birds to any extent. Coconut Island: The creation of Capri Pass in the nineteen sixties separated Sea Oat Island from what is now called Coconut lsland. At first the island had a fair amount of Red Mangrove (Rhizophora l1ulJ1g1e) on it, as Sea Oat docs today. A1so present at this lime was a considerable stand of Australian Pine; over the years as this island has changed all of these trees have washed away. At that timc and today shaJlow water and sloping beach extended from the northel11 side of the island west around the southwestern tip. From the northeast point deeper water and abrupt beach drop off, similar to that of Kecwaydin Island, extend south and west to meet the shallows in the southwest. During the early part of the MBCX project there was significant coastal waterbird feeding and roosting use of Ihis area. For some years there was a Bald Eagle nest in a large Australian Pine and an Osprey nest in the mangroves. As the island has eroded, moved and built again it has become a very popular human activity Sill' and although bIrds try 10 use it, they are unable to do :;0 to allY degree. Hideawav Beach: Direct!y south of Coconut Island is a one and a hal r mile beach on lhe northwest part of Marco Island, tbis beach appears 011 the south side of Big Marco Pass in the 1928 aerials and subsequent aerials show the beach approximately as it is today. This beach is known loca]]y as Hideaway Beach and due to Its inaccessibility has never had much human use. Natmally the beach was and mostly is nan-ow and drops ofr quickly 5 - Agenda Item NO.1 00 April 12, 2005 Page 97 of 161 and thus does not provide attractive habitat for coastal waterbird use. Over the years some shorebirds, gul1s ancl tems have fed and roosted along this beach; they continue to do so but not is any large numbers. Coastal waterbirù nesting has never been rewrdcd along this beach. Sand Dol1ar: In the late hineteen seventies off the nOl1hwest point of Marco Island in the ßig Marco Pass Shoal a sandbar started to emerge. This sandbar grew, extended south and finally attached to the beach, just south of the public park Criger Tail Beach, Collier County Park) thus became a spit and acquired the name Sand Dollar Is]and. Sometime in the early nineteen eighties the waters between the Sand Dollar sandbar and Marco Island just east of the sandbar started to become shal1ower. In time this developed into a lagoon with some very shallow algal sand flats, often called mud Dats by the local people. III time this lagoon became much larger and now not only contains nats but also has sever:1l small vegetated islands. This is the only such lagoon from Cape Sable (Everglades National Park) to south Estcro Island (Ft Myers Beach) a coastal distance of about 125 statute miles. County aerials show that twice in the past (] 952, 1965) small lagoons formed in the same area but were never so extensive and were not present af1crI969; it is not possible to tell how productive thcse lagoons were. The Oats and islands are tidally inundated throughout the year; some of the sand of what has now become a spit is only covered by water by the 1110st ex.treme weather related eonùitions. This has created an ideal coastal waterbird feeding, roosting and nesting site, the value 0 f which has beel1 recognized by both F edera] and State governments (see introduction above). ^ vian Activity at Marco Inlet While llsing the inlet there arc three h¡¡sic activities that coastal waterbirds engage in; feeding, roosting and nesting. Feeding; For birds using the inlet there are essentially two types of food; fish in the waters and benthic organisms on the surface and beneath sand and mud (a]gal-sand). Pelicans, eonnorants, herons, egrets, gulls and terns feed on fish in the surrounding \vaters of the inlet and in the shallow waters of the Sand Dollar lagoon. Ibis and shorebirds feed on invertebrates, mollusks and insects of the lagoon and edge ofthe beach. Roostim:!: This category includes several important activities of birds that are often overlooked in their protection. First of all it addresses resting and sleeping and this is what most people feel is all that is meant by the tem1. In fact, roosting also covers feather maintenance, termed preening; if birds do not keep thcir feathers in good condllion then in time they can not fly. In the past most or the protection afforded birds has been of the nesting sites and feeding areas, slowly we are learning it is necessary to protect all of their lives not just part. Nesting: The description here is not of generic ncsting. but of the nesting that occurrcs in the inlet area; four species of coastal waterbirds breed; Snowy and \Vilson's Plovers, Least Tern and B]ack Skimmcr. None of these birds' build what is commonly thought of "~ 6 Agenda Item No. 100 April 12, 200r (b ·1 f . 1 . h I II d .. Page 98 of 16 as a nest Ul to tWIgS, eaves, grass etc.) Instead t ey scoop out a s 1a ow epresslon In the sand just deep enough to keep the eggs from rolling out; called a scrape. All four species lay three eggs that vary in size by species, are off-white and lightly marked in color (very hard to see on the sand). The eggs hatch in about 25 days and produce precocial young that are also \Vell camouflaged (precocial; fully feathered chicks and arc able to mn \\Then dry ill several hours). Seasonality and Population Fluctuation Throughout the year the numbers of birds using the inlet fluctuates (sometimes considerably); for some species and groups or species the changes arc seasonal but not for all. Only the patterns of use of the inlet by coastal waterbirds will be discussed here. Brown Pelican: The core population of these birds appears to stay in the area all year but in the inlet there is considerable change throughout the year and there is no real pattern to this lIse. The reason for this is that at times large foraging t10eks of pelicans from outside the region appear and roost all Sand Dollar and other locations. These feeding incursions can occur at any time of year and may last from one day to several weeks. An example of this is the high number in the range given in the check list (Appendix #3) for pelicans; an incursion of 646 occurred for a few days in July 1993. Waders: This ten11 is a generally accepted term for herons, egrets and ibis used by biologists throughout the hemisphere. Waders are not numerous at Sand Dollar but arc very plentiful in the surrounding wetlands. They are usually present feeding in the Sand Dollar lagoon or roosting in the grass of the vegetated islands. White Ibis are the most plcntif1l1 and Roseate Spoonbills are the most noticeable as they are so colorful. Waders do not appear to be driven by seasonality as much as by tidal feeding. The most important wader using the lagoon is the Reddish Egret, which is believed to have been extirpated from the area by plulllc hunting (I 1\80s to 1920s) this egret has been slow to reestablish and increase its population. TOlIåy usually anywhere ¡rom three to six can be found chasing small fish in the shallows of the lagoon: the graph below (Fig. #1,) shows a steady increase of a small but significant part of the state wide population. 7 ,- Agenda Item No. 100 April 12, 2005 Page 99 of 161 Figure #3. Reddish Egret -----~....-----....~..- -. ~-------- - - --~- ~------------------,------- '~:'¡ ~i':: ~~¡:~:i~; ~:' . .., . ...,.,.", I . J.~ ...¡... ,.. ... ,.. "r':"':'":''':''r'~'''('~''':''':''' ·..1"·:·..~..'~q'1..·~···~··,~..·;..~·..j·..1·..1 , .., . .. I 2.5 z '" 0 w . ::> · ,..." .,. .. ., 1.5 ..-:.~- .~. .-. --- ".-:...:~..:.. :...:...:...;...~.....:~..~...~... ...~~..:. :...-:-..~.-~:-_.~._.:...~...-:-..-;_..:.. · . , . , . . . .. . ... .,. ., · . . . . . . . .., ..". ., · " I . . ... . .,. " · . ., .,..' . ... .... . '1"'( ... .......:...] ..¡ --:'''('(T'TT"TTT'' "·;"T--(·;---tT·(T·j··'1"·rT' 0.: --r ¡" :" 'j--';" 'j"': '--\'~[J:"l~~Ll'"r'r'']''' "'1"'\"';---1" T':"T'\"'T' r" ""1'-- H ,S 76 n 78 7~ BO B1 82 83 8·' 85 06 07 sa 09 ~O g, 9~ ~3 g4 % 9r. q7 qR gq r.~ 01 02 03 YEAR Shorebirds: Represent 52"/0 of the coastal waterbirds using Sand Dollar. Orthe 25 shorebird species 12 are in the inlet year round but in smal1 numbers in the summer and only occur in the non breeding season in large numbers; \ve call it winter but actually they are present fall, winter. spring. The fol1owing graph (Fig. #4) is a good representation of how shorebirds use the Marco I nlet throughout the year. Figure #4. TOTAL SHOREBIRDS -..-------...--_.- · , , .-----.- ..----.-----..- -~-,--~ -....- - --, ,. . . ' .---.......--. , .. ." · .. ." ' . . . - . . . . - ~ . . . . . . .. .. " . . . . . - . - ',- . -. - -. -,_. -. . . . - . ',' . . . . - . . . ",- ~.... - . - . '".. .. ... - -. . '.' " . ... . .. . . . . . . . ... ~ . . - . . . . .. :. - .. . . -.. . ., . .' . · . . . · . ' . , . . . · . . . 1DOD OOJ z '" w ::< 600 400 200 · , . .' " -. ..-_... .~..._... ...~ ....... ..~...~.. ..~_.... ..._-~..._.. ... .~.- .......~. ........ - "'...... ... ~- .....--. ~......_.. ...~.... -.. --j · " .. t t I · . I .' . . , ... ... -- + .. ...... ~ ... , .. . + ..... . --;. .. -- .. .j.. . . . ... +, .. .. ' -1-- .,.... i· '.. .. . . + . . . , .. .. \ .. . .. ." + ' .. -- .. .! : :: : :. ~ · . . . . , · . , . . _.····..__r··_······f·········..·······__.··_····___,_··.--- · . . . -..._." . . . , , . . - ,>. . - . -. . . . ~ - - - - ~ .. . . . .. . . . .. .. , - .. . .... .. , . , . . . J-- --~-_.- --'---' 6 MONTH 10 11 1"¿ Large numbers üf shorebirds use the lagoon to feed, espeeial1y at Jow lide. When not fceding they are roosting often on the sand Oals ncar the edge of the lngoon or on the higher sand of Sand Dollar spit. The graph below (Fig. #5) illustrates the increase in the R ..~~.""""--,,.-- Agenda Item NO.1 00 April 12, 20('" Page 100 of 1t numbers of shorebirds usjng Sand Dollar as the area grew and became more valuable to coastal waterbirds over the years. The graph shows that shorebj¡'d numbers remained about stable for the first ten years or the project and then slowly increased until the present. Figure #5. TOTAL SHOREBIRDS 2500 -~ -:'--:----;-----;---:- -:---;-_..,-;- - . -:---' · ., ..., ., "., · . . . , ___.......__.__ -.-_....~_ ..~_....'___....__ ._._________ __ 0___. · . , . . . , . . . . . - - ...__.---_._~.._-.. -.-.- - -.-. - ~ . , ., , , · . , . . . " , , . . . 2000 . . . . . ""'. . . . . . . . . . . . , . . . . . . . . , . . . . .. I - -. r -.., -.. ~ - - -r" ",". - ",".. -,-'. -,- -. -,-' - ','" ',".. ",-' - ".- - -,.. -, - -. 1""1 -. - .. - 1- - - r···,· - -r· -. r" °i - -," - -,." ",' .. .. - - - --. . . . . · . , , · .. .. ... . , , ~ 1500 I," 'f"'f" '["'r' '-;"'r ··· ····f· .-r.......:.. '1'" ':"':" .~...~... f"'~' ..:...¡... ~ . ,...;.. 1000 --- ~_..~.. .~...~...~...~ H'~" .~. ...~...~...~ . I . ' .. . I . : ; . . '. :.: . : . . . , . . . . . . . . . , . . . . . . , . , . . . . . . , 500 [ ..., ...,....... ":' ...... ':"'~'" ,.. .," T"";'":''' ¡. .~ .....""[.. ':" T"'f" T' ..····r· ....., . . o L..:...-: : . ,..",... ;~ 74 75 76 77 7B 7Y 80 B' B2 63 a.; 85 66 Bf BB B9 ~O 9' n Y3 9,' 95 9(, 97 98 99 00 01 02 03 , , .j YEAR The shorebird banding project (Appendix #2) showed that the birds using the area in winter, are djstrjbuted durjng the summer nesÜng season all across northern North America. In particular Pjpjng Plovers from all five of the major breeding populations on the conÜnent (East Coast United States, Atlantic Coastal Canada, Upper PenjnsuJar Michigan, North Central United States ane! Prairie ProvÜlces or Canada) have been recorded using Sand Dollar in the \vinter. or all the shorebirds using the inlet Piping Plovers (a small 1. 750z. shorebj¡'d indigenous to North America that is listed as Endangered and Threatened and intenseìy studied) are the most site specific and only occur on the Sane! DoJlar spit <lnd in the lagoon. The population of this plover appears to be rccovering and the use of Sand Dollar continues to go up (Fig. #6). l) -, Agenda Item NO.1 00 April 12, 2005 Page 101 of 161 figure #6. Piping Plover -~----...--------.---.---.~~-...-----.... , ' . . . ' , . . , . . . . .... ..... . . . , . .. .. .",. · . . , , . . .. ..... _0_:- _. .:. ..~...~.._~.. _~... ~... ~_ _ .~.. .~__.~_. .~...~.. .;.. ..;-" .«;-. .:.~ ..:... -:.. ..:- -..; ., ,. . .. . . · ,., .' . · . " I . · . , , . .. , , . . , , . .. "" 0- .~_.. ":"'~" -;_..~---~... :...:'..: 0" :--.: ..-:- ..~_. .~.. 'f' ;'.' .-' ..:....:.. --;' - - '\ : : : ~ : : : : : : : : : : : : : : : ~ ~ . . . _:' ~.... ..... p . _ u:' _ d _.. ....: _.. : . . _: - - ': .. -:' ..; -- -;--.. ': -': -- ': :-. - -:u..... -. "i .' . . · . ,QOO 900 ......... ...C.. · . 800 .--~... ... "'," '-'r-""-- · . 100 .--:..... --.:.. · . , , · . 600 ,,"'; .-. ... .o--:-.. Z I: : ~ 5ò:J ,......- .., ...... ::;: I: : 400 I...¡..... d':'" .....--.....- 100 , . . . . . . I . . . " "" ..... . P' 0"___' .. .. T" .~.. ..(--~._. ~"'}- _,!n '!- ow: ..- ;-_.~ __0 :"..~.. .~.. ~:... .~... ":". "";".. · .... , ....",.. , . , . . , . . . . . . . . . . , . . 0 or 0 . _ " . . 0 . 0 . ~. . . .... . 0 ~ ~ 0 . ~.. 0 . ~.. . " : 0 .. : . 0 . : . - . : " - . ~ - - . ~ o. - : . - - ~ ~.,. . 0 ... 0 . ... . . .;- - - -:- · . , . . . . · . · , 30~ ...~... ... ''','' , . · . · . · . 2(}o _.'~.o ._ _.o~.. , . . . . , , ~ 74 ló 76 77 78 79 80 8' ~~ 83 84 65 B6 67 BII 69 9D 9' 92 93 9·\ 95 96 97 96 99 CO O~ 02 OJ YEAR These plovers are very site specific and individuals use the same roost ing and feeding territories on Sand Dollar each year. An example of this site fidelity; a female Piping Plover from the Upper Peninsular of Michigan (the endangered part of the population) was color banded on Sand Dollar in the winter of 1987. She nested in D.P. Michigan and \vintercd on Sand DoJlar cvcry ycar for 14 years. On a]most every falling tide this bird could be found feeding along the samc 100' of algal-sand Hat in the Sand Dollar bgoot1. Although other shorebirds using the region are not quite as site specific the banding project has shown that they too come back year after year and use the same locations in the site. Analyzab!e infonnation exists for II of the 16 shorebird species color banded during [his project. The information shows that these shorebirds also usc the same locations year after year. Since the inception of the banding project the fact that 1202 individuals of the 11 color b¡:mded species have contributed to 4323 sightings of color combinations is phenomenal and indicates that many of the shorebirds using Sand Dollar retnrn year after year. The data sho\vs that for the 11 species the mean (average) number of years after banJing these birds arc present is 10.6 years, with a range of 6-14 years {Appendix #2, Table #1). Gulls and Tems: Three species of gulls (Laughing. Ring-bill and Herring) account for over 99% of the gulls that use the inlet, the Laughing Gull is present year round, both Ring-bill and Herring arc winter visitors and not in south Florida during the summer nesting season (except for a few unhealthy individuals). AlJ three specics are present in winter, somctimes ill large numbers. Thcy roost and feed on Sand Do11ar and also feed in thc surrounding <lrea. Both, Royal and Sandwich Terns LIse Sand Dollar to roost and feed in the surrounding waters. Royal Terns are present throughout the year, as with shorebirds their numbers arc lower in the summer than in the wintcr. Then; are a kw Sandwicll TCrIls inl ¡c arc<I <III 10 Agenda Item No. 100 April 12, 20r ,. Page 102 of 1l year, in the fall large migrating flocks of SandwIch Terns (2,000-3,000) spend a number of weeks on Sand Dollar and then leave, The other numcrous tem using Sand Dollar is the Least Tern butlhey use the inlet differently than any othcr species. They nest along the coast and are on]y present in the slimmer breeding season. They utilize thc Sand Dollar sand-spit for roosting and ncsling (see nesting below) and feed In the adjacent waters, Black Skimmers: These unique birds make usc of Sand DoJlar much as Least Tcrns but are present a]ong the coast throughout the year. At times in the non-breeding s(:ason they roost 011 the spit ill [air !lumbers (300-600) for severa! weeks and then may be gone ¡or several months, For five months ill summer on S,md Dollar the numbers increase significantly due to nesting (Fig. #í). Figure tt7. Black Skimmer 1BO ~_._._.~- 160 ... -. -. -. i··· - _....¡.. -.. -. . ~ -r········ .:. - -...... .:.... .. .. - -;- . - - . -.. - -;_. - -..... -;. ... -... .;.. .... - - -. .. ...... . .;. ... ... ~. · . ,. . . " . · ... .. , . . . . ., ..' 140 ~........~.......... ~. - ~.. -...:-....... -.~ -. -...... ~.... . - -.:-... -.. . .:...... ~. - .:.. ....... .:......... "':..... ... - -:..... ... .. · , .. . ... · , .. .... · . . . . , . · , .. . 0" 120 .... . .. .. : ... .. ... .: . . .. .. . ..: .. .. .. . . ... ... . ... ... .. .. . .: .. . . .. .. -:. -... -- . ... ... ....~.........~........ - :. .. . - .. . . · , " . . · ... I .... :i 100 I" ..... ..;.........~... ... ··r······· ._;... . .....:.._. ..-.. .;.... ....._~-_.. . .~:..... -.. ..:...~_. ._._~.._..... ..~. ----.... w .. ., , :¡¡: 50 ..... ....:.........~...... ...~.........~ ...... ..:...... ....;.... ....--;.-...... --;......... '... - ..--. -;_..... ---~-... -.... · ,. , ,. · . , , . · " . , · .. ..,..,. 50 ....... --:....... ..:...... -- .:.... .... ..... ...--........ ..:... .--..........., ..;..--. ....:. --.. ...~. ..... ............. · . . .. · . . ., · . . .. 40 .__._....;....._.. .~... ......~...... .. .~_..._.. 0.:".'.' ... .:_._. _.. ...;.. ...... .<._ .... ... .:... .... ..~;. ._..... ..:.... ....._ · ..... ..' · ..... .., · . .... · . . " 20 . - ..... _.~.....-. -.~ .-.......~ -. .... ..-:-.. ....-. .;-... ...-.- .:...---.--. -7-.-.' ... -.:. ........ ..-:-... .... j . . , . .. '. · .. . ,. . o ' '" ~-~--'-"- ~-_..~_..._- .-- ---~.~--_._. ~ n 11 12 MONTH Coastal Change The coast of Southwest Florida although termed a "low energy system" is in constant flux; eroding, accreting and moving at the same time, coastaI waterbirds have evolved over a long time to deal with these natural conditions. These birds are very mobile and their basic strategy is to move to, use habitats that support them and to ignore areas that can not sustain them. There have been severa! good examples of this shifting ofbircl populations both north and south of Marco Island in the last 30 years. Prior to 1990 there was a large sandbar at the mouth of Caxambas Pass at the southwest lip of Marco Island: at high Lide this sandbar could have 20,000 coasta] waterbirds roosting on it. At that time thesc'birds used the sandbar and adjacent shallows much as they now use Sand Dollar. ]n the winter of 1990 a beach nourishment project was conducted 011 Märco Island, bOlh the northern and southern beaches had sand hydraulically placed on them. The northern bon"ow site was about one mile north of Marco Is]and and Sand DoHar in open water; the II southern site was adjacent to the southem tip of Marco Island and was designed to deepen the marked channel; in neither sites was sand directly bOITowed from any sandbars. Due to this project there was considerable alteration to both of the shoals that these activities occurred in. In the northern shoal Sand Dollar at first became thinner, extended south, attached to the Marco Island beach becoming a spit that has enlarged since, the lagoon behind the spit became shallo\ver and larger. At Caxambas Pass the large sandbar (which had been designated a Critical Wildlife Area, by the State of Florida in the early nineteen eighties) washed away and did not start to reemerge until 1998. In 1992 hurricane Andrew caused considerable damage to the southern tip of the peninsular of Florida. Although an exceptionally severe hurricane Andrew was quite small in diameter, thc effects of this storm lessened to the north on the west coast to the point thal it did little damage at Marco Island. But what this hurricane did do was to redistribute sand south of Marco Isl<:md, much of those changes cxist today, II years later. These arc two possible major causes of the changes in coastal habitat but not necessarily the only causes. The major point is that south oftv1arco Island, coastal waterbird habitat has changed and the birds have responded to this change. This has had an effect on the bird use of Sand Dollar; the species using the spit have been affected differently. A few examples of this, from information generated by both thc MBCX and CAPE studies; follow. Note: The gap in the data in CAPE (1990-93) was caused by a budgetary intenuption and had nothing to do with coastal change. Censusing was suspended for the CAPE project but continued at MBCX and the graphs (Fig. # 8-12) show that there was little change for MBCX but considerable for CAPE. This then indicates that the change was souih of Marco Island and not north of Ì\·1arco Island where there was much less loss of sand habitat. Agenda Item No. 100 April 12, 2005 Page 103 of 161 -.. Species Accounts The following species accounts are to highlight some of the effccts of the changcs that occulTed from the redistribution of sand habitat in the region and do not represent all of thc species encountered in the Marco Inlet. Red Knot: This medium sized shorebird has consistently used Sand Dollar and the Caxambas area and has declined considerably south of Marco Island. Severa1 coastal waterbird species have responded to the 10ss of the Caxambas Pass sand by concentrating more in the Cape Romano shoals 5.6 miles south of Marco Island. This is not one of the species that have responded via relocating in the area. This species has declined in the region and there is no information regarding increases in any other location (Fig. liS). 12 Figure #8. Agenda Item No. 100 April 12, 200' Page 104 of 16 RED KNOT 000 I 700 1 G30 I 500 z ~ ·100 ::;; 30~ 200 1C'8 B2 fì3 8-4 85 BS ßi' 88 p.g !J1 91 P2 ~iJ ~·1 95 9ñ 8ì !-:It'! 99 YEAR t:::::ICAF'E -MBCX Westen) Sandpillcr: This spccies is not only the second smalJest coastal waterbird in the area but also is the second most numcrous. They arc the most abundant shorebird using the region. The graph below CFig.#9) shows that somc of these sundpipers moved to Sand Dollac others use the C;-tpc Romano shoub but the numbers do not accolln11or all of the Western Sandpipers recorded ill hoth projects 1982-90, therefore this species has also declined along this section Ot COdSt. Figure #9. WESTERN SANDPJPER -150::1 1 I ::: j' :1::::::: !1;~ ::;;, 3DGO t!¡ III rt¡ {{: " 2500 i :1:(';:, ~ 2ûOO i ¡¡::;;} 1500 1 ,1.'/ 10:°1 :i'/:;! 5u(J ! I)'/.! () I ~!i:'/¡ ~'.'.'.'.'...... .~,. t'< ~ .~~~J( ~ ¡([/1,. ~jW ! . ~\ B;¿ B:J. 8.'1 e5 86 87 86 B~ ~J 9~ 9::: ~3 ~;'Î 9~ 9íi 9! 9P qIJ 01 O? OJ V.an, r:::::JCAPE -MBCX 13 - Agenda Item No. 10D April 12, 2005 Page 105 of 161 Roval Tern: This large and conspicuous piscivor roosts on sand in large numbers in h01h MBCX and CAPE projects and is the most numerous of the coastal waterbirds. It does not appear that the decline in the CAPE study caused an increase at Sand Dollar but here has been an increase in Royal Tem use of the Cape Romano mea. This is a species th;¡l has not declincd in the region but has moved lo other an;as (Fig. II] 0). Figure #10. ROY AL TERN 16001 '\.100 12')0 1000 Z « Baa UJ ::;: GOO [6'~I;f, <., :1 ",., m ;i~ . ..~, _.~-..I- -~"¡~ JliJ~,I' ~~ B2 8J 84 85 B6 57 88 89 90 91 92 9) 94 95 96 97 98 99 00 01 02 03 YEAR t:::ICAPE -MARCO Least Tern: This is the smallest and 1110st aggressive of the terns, only here during the breeding season, has declined considerably. The loss of the Caxambas sandbar moved some ofthc terns to Sand Dollar but they did not use the inlet as extensively as they had historically. The shght increase 111 numbers in the CAPE study since 1998 ref1ect a new sandbar at Cape Romano that these birds have started nesting on (Fig. #11). The increase in unevenness in the numbers of terns using the area wil] be discusst:d i¡¡ nesting (belO\v), 14 Figur~ #1 ¡. Agenda Item No. 100 April 12, 200' Page 106 of 16 LEAST TERN !iOO 1~(! 45(! 400 .)~o 300 z :5 250 ::;; Jao 100 50 It? 83 84 R:; R6 87 88 8~ ~j{) !oj 1 :.J2 ~j ~ Y5 ~6 97 !H': ~9 J';'l 0' C:~ 03 MONTHS c::::JCAPE -MBCX Black Skimmer: This is the only species that nas ShO\\11 a cleaT-cut reaelÌon to the loss or [he Caxambas sandbar. During the first eight years of the CA PE project there were about equal numbers using both Caxambas and Sand Dollar; now Skimmers arc hZlrdly ever recorded south of I\-1aTCO Island (Fig. it ¡ 2) Figure ttJ 2. HLACK SKIMMER >I(JO j 350 ~ 30(;\ sr~ _.li11WJ .._,_._..--~~ 250 z ~ 200· ::; I 1504 82 Bj R~ 85 r.ô B7 85 89 90 91 ~2 93 9-1 9~ 9(; g-,c 98 !.'8 08 0' O~ OJ YEAH c::::JCAPE -MARCO That these f1ve species show vaned responses to tbe loss of the Caxambas Pass sandbar is not unusual; seldom do evcn related species of wildlife react to a single CYcnt alike. The 15 Agenda Item NO.1 OD April 12, 2005 Page 107 of 161 graphs above (Figs. #8-12) show that there were population changes ami relocations; although this could have been caused by a number of factors the major loss of sand habitat would appear to be the most important. Nesting Four species of coastal waterbirds nest and have nested for some years in the Marco Inlet; now for the most part they nest on the Sand Dollar Spit. Both Snowy and Wilson's Plovers have nested ,md continue 10 ncsl ill small numbers in the inlet but liule is known about their nesling, it will not be discussed here. Conversely considerable numbers of Least Terns and Black Skimmers breed in the inlet, this ncsting has received significant attention and both will be discussed below. ,'- Least Terns: In the nineteen sixties and early nineteen seventies these terns nested on the South Keewaydin Point in large numbers (up to 1,000 nests) and fledged good numbers of young. In the mid nineteen seventies a good part of this nesting shifted to the Caxambas sandbar; presumably they stopped using the Keewaydin Point as Brown Pelicans did (Fig. #2) due to human disturbance (discussed below). Least Terns then nested (at again roughly 1,000 nests) on the Caxambas sanùbar until 1989 (Fig. #1 ], gives a good representation of nesting effort) when the sandbar washed away. Since that time they have nested or attempted to nest at Kecv.:aydin Point, Capri Pass sandbar/feeding flat, Coconut Island, Sand Dollar Spit, the newly formed (started rising in 1998) Caxambas sandbar anù Cape Romano. This last breeding season (April-July 2003) in the inlelllesting was typical of the last few years; the Least Terns attempted to nest at all of the above sites but the only site 1 hat had any number of ncsts (151) for any length of time was Sand Dollar and these nests were not productive. Recording the number of nests does not give an index of productivity (the number of chicks f1edged per nest) and thus does not indicate the success of the nesting. Since the nineteen nineties nesting and chick production have been extreme]y low at the Marco Inlet, this is due in a large part to human disturbance. Black Skimmer: When the Caxambas sandbar washed away Skimmers that had nested in the area for a long time moved to Sand Dollar (Fig. #12) and have neslt:d there since. At first they nested on the south end of the spit, then as the Sand Dollar Spit extended nortb these birds moved their nesting north away from the heaver human beach use. These birds seem to be more tolerant of human disturbance than Least Terns and have been fledging about one chick per nest; as the population is stcadily going up and they continue to use thc site it would appear that nesting is successful. Disturbance As tbe human population grows in Florida and especially in this region, the number of people using the sand habitat in the Marco [nlet increases exponentially. Coastal waterbirds are adapted to natural disturbance such as weather and predation but are not conditioned to human intmsion especia\1y when they arc resting. Typically when approached closely by people the birds flush (fly off), often they just move to another 16 spot not far off. If this annoyance continues then they leave the area. This added t1ushing activity increases the need for energy and thus causes stress. An example; in ] 986 on Sand Dollar on a weekend, I recorded shorebirds being flushed about evcry five minutes during the day; while banùing those two nights I recorded a ] O'Yo weight loss for the shorebirds wc handled. Another type of stress caused by beach goers is the flushing of nesting birds; enough of this kind of disturbance can cause the nesters to abandon and the nesting to fail (as Least Terns have repeatedly done on Sand Dollar). Coastal waterbirds can adapt to a low level of human disturbance, this is sho\\'n in the pcJican graph (Fig. #2). Pelican use of Sand Dollar remains stable whereas their usc of Keewaydin Point has ùropped offconsic1erabJy. The difference betwecn the two sites is that on Sand Dollar people have to walk a long way to get to the end of the spit, tll is limits the number of people going to the end: also the shallO\vs sUlTounding the emergcnt sand are not conducive to beaching boats this then limits more people and their activities. Keewaydin Pomt is remote and not attached to any developed areas, however it has an idea] beach (see Activity Sitcs, above) to pull boats up to and thus gets much more use (picnicking, camping, vo]leyball and other games, weddings, banquets and most disturbing to the birds, dogs). In the Marco Inlet aJl of the bird sitcs but Hideåway Beach and Sand Dollar get this kind of boat pressure and the bird, who keep trying to use aU the sites respond by moving and only use Sand Dollar in any numbers. As far as Least Tern nesting in the inlet (B]ack Skimmers only nest on Sand Dollar) they try to nest on aU the bird use sites except Hideaway Beach but in recent years have not succeeded ill producing enough chicks to be slIccessful. In the early nineteen eighties as Sand Dollar grew Least Tern nesting was protected by closing of nesting sites by the florida Fish and Wi]dlife Conservation Commission (FWC) and the National Audubon Society. In 1988 when the shoal was designated a Critical Wildlife Area the FWC increased that protection by not only closing nesting sites but also closing feeding and roosting sites. Over the years as the sand and lagoon habitat increased in size that protection has increased but much of Sand DoJlar is still available for human lIse. Protection of these bird use areas is accomplished by the FWC biologist that encloses thc sites with "No Trespass" signs on posts connected by string and flagging. Most people respect thc closures and they appear to be fairly effective but the birds do not stay in the closures and do get moved around. During the nesting season the FWC biologist either adjusts the existing closed areas or establishes new ones to accommodate the nesting. One problem with this is that it is not always possible to provide adequate buffers for the nesting birds: nests and people get to close and the birds nush. If this happens to often the birds abandon: Least Terns arc more susceptible to this kllld of disturbance and have had much less success than Black Skimmers. Agenda Item NO.1 00 April 12, 200' Page 108 of 16 The Marco Inlet supports large numbers of coa:,;tal w(]t~rbirds <IS shOWI1 above. understanding their use of this system is both complex and complicated. The actions taken by both Federa] and State government have shown that this is a very impOJ1ant coastal waterbird site; the second most imp0l1ant site on the \-vest coast of Florida. Thc prescnce of so many birds at Sand Dollar indicates that all of the necessary components (rood. roosting habitat and minimal di sturban ce) {or continueù coastal waterbird use exist. 11 is often stated that the birds should be movcd to the JO.OOO Islands so that they will not impact people. But bird LIse ofihat area is minimal indicatmg that the area can J ï ..- not support even medium numbers of coastal waterbirds. There is very Jittle sand roosting habitat down there and this is one good reason for liuk bird activity there. The Hideaway Beach Erosion Control Plan should have little initial effect on coastal waterbird use of the Marco Inlet. Both the construction site (Hideaway Beach) and the sand borrow site (in the Marco Inlet just north of Capri Pass) are in areas that arc used [ittle by coastal waterbirds. It is impossible to forecast how the inlet will change and how this change will affect birds, but in a previous study a much more intense nourishment project at Marco Island (1990) showed no initial effects on populations of 10 coastal waterbird species (Below 19(1). That the inlet wi]] change is a given~ \vhcther the change is natural or caused by man's activities is impossibk 10 predict. 11 would be exceedingly beneficial to continue to monitor the coastal waterbird LIse of the inlet to detennine ifthere are any documentable changes and whether the causes of the changes can be identified. Theodore H. Below 3697 North Road Naples, FL 33942-4034 239-643-2249 email roost({l)viatCT.nct Agenda Item No. 100 April 12, 2005 Page 109 of 161 18 Litcraturc Citcd Agenda Item No. 10D April 12, 200' Page 110 of 16 Below, T. H. 1985. Shorebirds in South-West Florida. Wader Stud, Group Bull. 44:40- 41. Below, T.II. 1990. Red Yello\V- Red Yellow. Fla. Nat. 63(1):3-4. Below, T. H. 1991. Multi-species Bird IvIonitoring During the Marco Island Beach Renourishment Project. Submitted to Col1ier County Government. Christmas Bird Counts. 1963-74. Audubon Field Notes & American Birds. V 01.19-29(2). Ferland, C.L and S.M. IIaig. 2002. 2001 International Piping Plover CenslIs. C.S. Geological Survey, Forest ami Rangeland Ecosystem Science Center, Corvallis, Oregon. 293 pp. Harrington. 1983. Rational and suggestions for a hemispheric color-marking scheme for shorebirds: A way to avoid chaos. Wader Study Group Bulletin 38: 30-32. Humiston, Kenneth K. 1988. The Effects of1he Growth and Migration of Big tvTarco Pass Ebb Tidal Shoals on Marco Island Beaches. Presented at the 1988 Florida Shore & Beach Preservation Association, Inc. Beach Preservation Technology Conference. Spral1del, G.L., .T.A. Gore, and D.T. Cobb. 11)97. Winter shorebird survey. Florida Game and Fresh Water Fish Camm. Final Perf. Rep. Tallahassee. 162 p ). -:- vi. pp 76,77. Sprandel, G.L., lA. Gore, and D.T. Cobb. 2000. Distribution of Wintering Shorebirds in Coastal Florida. .T. Field OrnithuJ., 71 (4):70t\-720. 19 Agenda Item No. 100 April 12, 2005 Page 111 of 161 Appcndix #1 lVlarco Bay Complex (l\lBCX) Study Site: An 18980 ha coastal/estuarine area just north of Marco Island, Florida (25°57'N-81042'W). That contains estuarine bays, rivers, creeks, mud flats, coastal inlet, beaches and sandbars. Within the site there are a considerable number of Red and Black Mangrove (Rhiznplwra 1Il11ngle and Avicennia germil1ams respectively) islands. This research location also contains two coastal colony/roosts; the largest three Red Mangrove islands totaling approximately 2.5ha. is situated, 0.35 kill n011h of Marco Island, Florida, at 25°57'24"N-81042'13"W. The islands are known as the ABC islands and are owned by the State of Florida. The second is know as the Rookery Bay Roost location 26°06 '51 "N-81 °44' 43' 'W, two small islands ahout 0.78ha, situated in the eastern quadrant of Rookery Bay in the Rookery Bay National Estuarine Research Reserve. The boat route through the project area includes the confluence of Big Marco Pass, Capri Pass and Little Marco Pass and their shoals that f0I111 a large coastal inlet which has a number of bird aClivity sites (form the north; South Kec Island point, Cannon! Sea Oat Island Beach, Capri Pass sanùbar/feeding Oat, Cocunul Is1¡¡1ll1, Hide;l\vay Beach and Sand Dollar roosting and feeding area). Methods: Censuses are conducted by-weekly along a 32 km transect that winds through the above area. The census starts at 08:00, is run in a small boat as quickly as possible (to eliminate bird movcmcnt bias) and takes about 4 hours. General data recorded; dale, time, wind velocity and direction, tide and temperature. For Brown Pelicans; numbers, location, age class, plumage and breeùing status. For other coastal \vater birds; species, numbers and breeding status; any other relevant information is noted. Over the route, data is obtained by moving between bird activity areas quickly. In lhe activity areas recording is done either from the hoat, while f1l11ning slowly or stopped and if necessary walking the major sandbClr when the watcr is 10 shallow for the boat (this has been the case for the last thilieen years). At first this project was done with onc observer, in the last few years, one sometime two volunteers have assisted. Purpose: The long term study is designed to rc:cord population composition, size, trends, scasonal fluctuations and any other relevant inlonnation [or Brown Pelicans (Pelecallus nccidl:'ntalis) and the coastal waterbirds they associate with. This study is on going; as of the end of2003, a total of 861 censllses have been completed and summarized. Cape Romano Shorebird Study (CAPE) Study Area: Twenty six mi]es of Gulf of Mexico coast, south of Marco Island Florida, from Caxambas Pass to Indian Key Pass. The center is at Cape Romano 25°-50'-40"N & 81 °-40' -49"W. Habita! encountered mostly consists of, Red Mangrove (Rhizophora mangle) islands, sandbars and beaches that are on, or near the is1ands. Along the transect are six coastal inlets (Cilxambas Pass. Morgan PilSS, Coon Key Pass, Dismal K.ey 20 Agenda Item NO.1 00 April 12, 200" Page 112 of 16 Appendix #2. Cape Romano Shorebird Banding Project (BAND) Location: In Southwest Florida, shorebird banding was conducted along 12 km. of coast, the center of activity was near Marco Island, Florida, at 25'~56'30"N - RJ °44'39\V. In the area two coastal inlets Marco Inlet (Big Marco Pass, Capri Pa.';.'; ¡mtl Little Marco Pass) and Caxambas Pass totaling 32 k1112, containing different anlutlllts of beach, emergent sandbar and low tide feeding flats were used as netting sites. Beach and sandbars were composed of sand and shell, had a minimal amount of vegetation. Feeding flats were composed of a sand algae mix. Methods: Shorebirds were captured in the projcct area at night mostly throughout the clark oftlle moon, during a rising to high tide. Varying numbers (3-10) of 3X12 m. mist ncls were used to entangle flying birds, many different methods and coníigurations were applied. The birds were boxed, transponed, banded, mcasured, weighed and molt recorded in several nearby buildings, then released near the catch sjte. As many as 14 volunteers participated in the project; varying numbers were used on different nights. Sixteen species of shorebirds were color banded with plastic darvic leg bands and f1ags, according to the Pan Amcrican Shorcblrd Program's protocol (Harrington 1983). Purpose: As most of the shorebirds wcre individually color banded the goal of this study was to collect information on their migration, where they nested offsite and record \vintering site fidelity and longevity. Overview and Results: This shorebird banding project was carried-out from 1985 to ! 992 over this period 79 banding sessions wcre conducted. The goal of the project was to individually mark (with a system of color bands) as many shorebirds (plovers, sandpipers, and their allies, Families; Charadriidae, I-bem<1topodidae, Rccurvirostriùac, Scolopacidae) as possible. It was hoped that with individually identified birds something could be learned about the continental dispersal, regional distribution and site fidelity, of shorebirds that use the coast, both north and south of Marco Island. A total of 1612 shorebirds of 17 species have been banded; of these 1202 have had individual color combinations (leg bands and flags) attached. Four thousand, three hundred and twenty three sightings of color-banded birds have been recorded, most of the records were generated by Ihis ob:iCf\'cr in the mea of the project. One of the most disappointing aspects of the study has been thc lack of accurate reports from other observers (especially out of the area). The attached "Major Species ACl..:ounts" summarizç some of the: information gained from the project, and indicate the unqualified success of the endeavor. Sightings indicate that color-banded shorebirds use much of the southwest coast of Florida. Some species (Knot, Ruddy TUl11stone, Sanderling) appear to wander rather wide]y, while others (sma11 plovers especial1y Piping P1overs) me sitc specific. Although thcre have not 22 -, Agenda Item No. 100 April 12, 2005 Page 113 of 161 been many sightings out of the area, the reports received indicate a pattern of dispersal to the north. Piping Plovers, Knots and Sanderlings have been reported going up the cast coast of the U.S. and Canada. Piping Plovers, Knots, Ruddy Turnstones and Short-billed Dowitchers have been recorded in the nOlih central U.S. and Prairie Provinces of Canada. This distribution poses S0111e intriguing questions. The fact that there have been no returns of birds that were only banded with metal bands is not surprising and indicates the value of color-banding. The large number of color banded shorebirds recorded on jlJS1 2 sandbars north and south of Marco Island and the site fidelity of individuals 011 those sandbars, indicate how important the sandbars arc. (Table ff I) Valuable infonnation generated from this project concerns the Endangered and Threatened Piping Plover. Only nine of these plovers have been color banded in the study (aB at Sand Dollar sandbar). Piping Plovers do not breed this far south, but the data shows that one individual of this species has wintered on Sand Dollar every year for 14 years. This indicates that these individuals probably spend as much as % of their lives on the same sandbar. Major Species Accounts: (Table #1) Black-bellied Plover (Pluvialis squatarola): A total of 4 J were color banded during the project, recorded in the area for 13 years; generated individual] 06 sightings (the analysis is not yet complete; therefore thcse sightings include resightings of some individuals; \his is the same for all species) Keewaydin Isl. to Gullivan Key, but not rcpOlied out of the area. SnoWY Plover (Charadrius a]exandrinus): A total of II have been color banded, recorded for six years, 108 sightings, Sarasota to Marco Island. Wilsons Plover (Charadrius wilsonia): A total of 38 color banded, recorded nine years, 413 sighting records; Dunceden to Round Key. Scmipalmated Plover (Charadrius SemipaJmatus): A total of 15 color banded, recorded for 14 years, 194 sightings Kcewaydin Isl. to Caxambas Pass. Pipinl'. Plover (Clmradrius melodLls) A totul of9 color banded, recorded [or 14 years. in the area only reported from Marco Isl. (Sand Dollar). Individual Piping Plovers from this project have been reported breeding in Long Island, NY; Gulf of SI. Lawrence, Canada; Upper Peninsu]ar Michigan and Nebraska; a plover banded in Albelia, Canada has wintered on Sand Dollar for 6 years. ^t Sand Dollar 499 sightings were logged. American Ovstercatcher (l-Iacmatopus baehmani): A total of 4 color banded in 1988, only one was observed few times in the same year at Caxambas Pass. Willet (Catoptrophoms semipalmatus): A total of31 color banded, recorded in the area for 10 years, 99 records, Naples Beach to Round Kt:y. Spotted S,mdpiper (Aetitis maculati;¡): A tow] of 9 color banded in 1988, none have hccn recorded. Whimbrel (Numenius Phaeopus): ^ lotal of 2 color banded 1986. none recorded. Marbled Godwit (Limosa fcdoa): One \vas color banded in 1987, recorded sever<11 times that yc;¡r at Caxambas Pass. Ruddv TUl11stone (Arclwria illterpres): ^ lotal of ¡ 62 were color banded, reconkJ for \ J years, 238 sightings, Naples to Flamingo~ one was reported from Minnesota. 23 Agenda Item No. 100 April 12, 20r Page 114 of 16 Red Knol (Calidris canustus): A lolal of 21 0 color banded, oldesl record 13 years; 64¡) sightings, in Florida, Escambia County to Round Key; there have been a few sighting:; in South Carolina, New Jersey and Manitoba, Canada. Sanderling (Calidris alba): A total of 125 color banded, recorded for II years, 902 sightings, Naples to Cape Romano; there have been several sightings in New Jersey and one in Saskatchewan, Canada. Western Sandpiper (Calidris mauri): A total of 374 were banded (no color) since 1985. none have been reported. Least Sandpiper (Ca]idris minutiJla): A total of2 were banded (no color) since 1985, none have been reported. Dunlin (Calidris alpina): ^ total of 213 were color banded, oldest record six years, 432 records, Keewaydin IsJand to Caxambas Pass. Short-bil1ed Dowitcher (Limnodromus griseus): A tala] of 347 were color banded, oldest record 13 years, 624 sightings, Kewaydin Isl. to Caxambas Pass; one was reported from Minnesota and another from Tennessee. Table # I. Major Co]or Banded Species Species Oldese Sighling Number Banded" , ç Black-bellied Plover 13 106 4] Snowy Plover 6 108 11 Wi]son's Plover l) 413 38 Sem ipalmated Plover 14 194 15 Piping Plover 14 499 9 Willet 10 99 31 Ruddy Turnstone II 238 ]62 Rcd Knot 13 648 210 Sanderling II 962 125 Dunlin 6 432 213 Short-billed Dowitcher 13 624 347 Total 4323 1202 MEAN 10.6 RANGE 6-] 4 I Number ofvears since first banded. 2 Number of ;imcs color banded individuals rccordcd; onc individual may have bccn recordcd mu1tip1c ¡illlcs. ) Number of individuaJs coJor banded. 24 Agenda Item No. 100 April 12, 2005 Page 115 of 161 Appendix #3 Marco Inlet Coastal Waterbird Checklist 1974-2003 (861 censuses) Species Code MEAN Rance Common Loon (Galvia immel") V-W-3 White Pelican (Pelecanus el)'throrhYl/clws) T-FWSp-4 Brown Pelican (P. occidentalis)1 BR-l 74.5 0-1156 Double-crested Cormorant (Phalaerocnrux. (furitus) BR-1 Great Blue Heron (Ardea herodias) BR-2 1.2 0-5 Great White Heron (A herodias occidenlalist BR-3 Great Egret (Casmerodius alh,us) BR-l 1.4 0-11 Snowy Egret (Egretta thula)1l1 BR-l 2.3 0·24 Little Blue Heron (E. caeruleaYv BR-l 2.7 0-15 Tricolored Heron (E. trieolur)" BR-1 1.6 0- 5 Reddish Egret (E. rujescel1s)'i I3R-2 3.1 0-10 Cattle Egret (Eubuleus ibis) BR-I 3.3 0-26 Green-backed Heron (Eutorides striatus) BR-2 Black-crowned Night-Heron (Nyeticorax n.vcticorax) BR-2 Yellow-crowned Night-Heron (NyclÌnClssa violacca) BR-3 White Ibis (Euduetmus albus)Vl1 BR-1 10.7 0-50 .- Roseate Spoonbill (Ajaia aj{~jarJlJ R-3 0.6 0-25 Brant (Branta bernicla) St-W-S Oldsquaw (Clangula hyemalis) V - W-4 Red-breasted Merganser (Mergus sen-atar) V-W-2 Black Vulture (Carag)ps atratus) BR-2 Turkey Vulture (Cathartes aura) BR-I Osprey (Pul1dion haliaetus) BR-2 2.3 0-7 Bald Eagle (Haliaeetus leucocephalus)iX BR-3 0.9 0-3 American Kestrel (Falco sparveriu.IY V -FWSp-2 Merlin (F. columbarius) V-FW-3 Peregrine falcon (F. peregrinlls) V-FWSp-4 0.2 0.3 American Coot (Fulica americana) V-FWSp-2 Black-bellied Plover (Plul'ialis squalarola) R-2 46.15 0-485 Snowy Plover (Charae/rius alexane/rinus)' I * BR-3 2.1 C) 0-22 Wilson's Plover (c. wils()nia) * BR-2 6.4 0.74 Semipalmated Plover (c. semipalmatl/s) R-2 18.4 0-227 Piping Plover (c. melodus)'" V-FWSp-2 g5 O-R3 Killdeer (c. voci[erus) BR-2 American Oystercatchcr (!laematoprLs palliatlls/ill R-3 2.5Ô 0-42 Black-necked Stilt (Himant()pus mexical1us) B-SpS-3 American Avocet (Recurviroslra americ(ll1a) V-SF-4 Greater '{e]]owlegs (Tringa melmwlcuca) R-2 0.9 ()-14 Lesser Yellowlegs (Tjlavipes) 1<.-3 Willet (Catoptrophorus semipalJl)({tus) R-2 29.8 O-1~4 ?- -) ~"""----_.-.>'- ,,. Spotted Sandpiper (Actitis macularia) Whimbrel (Numenius phaeopus) Long-billed Curlew (N. americanus) Marbled Godwit (Limosa(eJoa) Ruddy Turnstone (Arenaria il1lerpres) Red Knot (CaliJris camillis) Sanderling (c. alba) Western Sandpiper (Calidris mauri) Least Sandpiper (C minutilla) Wh i tc-rumped Sandpiper (C fuseicoll is) Pectoral Snadpiper (C melanulos) Dunlin (C alpina) Short-bìJled Dowitcher (Liml1odrol1l/1s grisells) Laughing Gull (Laris atricilla) Bonopart's Gull (L. philadelphia) Ring-billed Gull (L. delawarensis) Herring Gull (L. argentatus) Lesser Black-backed GuIJ (L. fuscHs) Gull-billed Tern (Sterna l1ilotica) Caspian Tern (5. caspia) Royal Tern (5. ma.x.ima) Sandwich Tern (5. sandviccllsis) Roseate Tern (S. dougallii)'"l\' Common Tern (5. hirundo) AJ1ic Tcrn (5. parodisaea) Foster's Tern (5..fnrsteri) Least Tern (5. ulIti!larumf" Blaek Tern (Chlidonias niger) Black Skimmer (Rynchops nigra)"'] ~, Common Ground-Dove (Columhuna passerina) * Great Horned Owl (Bubo l'irginianlls) Chuck-will's-widow (Cuprimulglls camlincl1sis) * Breeds on the Sand Dollar sandbar. * Agenda Item No.1 00 April 12, 20r Page 116 of 1é- R-3 v -FWSp-3 V-FWS-4 V-FWS-J 1.9 0-3] R-2 20.7 0-264 R-2 98.6 0-]211 R-2 132.7 0- 1009 R-2 347 0-3198 V-FWS-3 102.3 0-825 St-Sp-5 V-F-5 V -F\VSp-2 128.3 0-3395 R-2 1] 7.1 0-2200 BR-! 37.3 0-2700 V-W-3 V-FWSp-l 5.2 0-593 V-fWSp-2 38.7 (J-3 1 00 V - W-4 V-W-4 R-3 1.5 0-21 R-l 359.7 0-1950 R-2 212.7 0-3867 V -Sp-4 0.5 0-30 V -Sp-4 St-Sp-S V-FWSp-2 2.3 0-36 B-SpS-2 63.4 0- 1170 V-SF-3 BR-2 ]68.1 O-R J R BR-2 BR-] BR-3 End Notes: Species listings by United States and or Florida. Florida lists sixtecn spccies of these the United States lists three. Note: Of the 70 species 39 are ana]yzabk: species (species with cnough occurrences and numbers for analysis). Of the 39 species 95% arc sh-b (52°/\1, 16species) and gu11s, terns and Skimmers (43%, 1 () species). 26 ...-.- ~. Breeding Resident Visitor Transient Straggler Spring Sp Summer S fall f Winter W Abundant I Common 2 Uncommon 3 Occasional 4 Accidental 5 Agenda Item No. 100 April 12, 2005 Page 117 of 161 B R V T St Breeds in Collier County (CC). In CC aJ! year; not necessarily breeds. Spenùs part of the year in cc. Migrates through CC either spring, fall or both. Unexpected occurrence, not easily interprelabk. Easily observed. Often seen. Not frequently seen. Not every year. Less than 5 recorùs. I Listed as Species of Special Concern, florida. ;¡ Listed as Species of Special Concern, Florida. Iii Listed as Species of Special Concern, Florida. " Listed as Species of Speciaì Concern, Florida. , Listed as Species of Special Concern, Florida. " Listed as Species of Special Concern, Florida. VII Listed as Species of Special Concern, Florida. "" Listed as Species of Special Concern, Florida. j, Listed as Threatened, United States, Floriëa. , Listeu as Threatened, florida. XI Listed as Species of Special Concern, Florida. ,", Listed as Threatened, United States, florida. XIIi Listed as Species of Spccial Concern, florida. XIV Listed as Threatened, United Statcs, Florida. xv Listed as Threatened, Florida. xvi Listed as Species of Special Concern, Florida. - 27 Agenda l~m7No. 100 , . A~~ilç.:12 20r Page,~ 18 of 1t. 1',1 .¡ ~-:. C' ,. ~ 4~ . ~ L Y I», , ~ ¡I, ~! , ~ , ~ , til t,-' " ,"'¡ i,' '" i',¡ ;- w '" Ç> ... ~' , T, , ,1 U >,<, ~ ...¡ '1", , u! , .. itJ ,} " ,) ., ~ .. - .~ ..... -. 0:: .' ""., ~\ -,;. :., - - ::. !i ",3 '-' 0'. .,. ,. - APPENDIX I Sand Dollar Island Bird Data Provided by Ricardo Zambrano (FWC) Agenda Item No. 100 April 12, 2005 Page 119 of 161 Total Birds Observed by Year FWC Bird 1995 13)6 1997 1998 1999 2000 2002 2003 2004 Observation 4107 2683 7235 4147 1135 1183 717 1058 1309 Reports, Sand DoHar Island Total Bird Observations by Species Species 1995 1996 1997 1998 1999 2000 2002 2003 2004 LETE AD 754 297 361 0 0 0 0 228 100 LETE JUV 0 122 5 0 0 0 0 0 50 LETE CK 0 0 148 0 0 0 0 1 0 ROYT AD 665 346 1602 217 0 76 0 10 0 ROYT JUV 0 0 0 0 0 0 1 0 0 ROYT CK 0 0 0 0 0 0 0 0 0 SATE AD 30 189 1820 41 6 6 0 1 0 SATE JUV 0 0 0 0 0 0 0 0 0 SATE CK 0 0 0 0 0 0 0 0 0 CA TE AD 0 0 0 0 0 1 0 0 0 CATE JUV 0 0 0 0 0 0 0 0 0 CA TE CK 0 0 0 0 0 0 0 0 0 FaTE AD 29 29 0 0 0 6 0 (J 0 FaTE JUV 0 0 0 0 0 0 0 0 0 FOTE CK 0 0 0 0 0 0 0 0 0 ROST AD 0 0 0 0 0 0 0 0 0 ROST JUV 0 0 0 0 0 0 0 0 0 ROST CK 0 0 0 0 0 0 0 0 0 BRTE AD 0 0 0 0 0 0 0 0 0 BRTE JUV 0 0 0 0 0 0 0 0 0 BRTE CK 0 0 0 0 0 0 0 0 0 BLSK AD 312 621 1158 541 0 0 0 501 846 BLSK JUV 0 173 110 84 0 0 0 50 313 BLSK CK 0 3 0 0 0 0 0 0 0 SEPL AD 197 29 220 75 39 31 11 1 0 SEPL JUV 0 0 0 0 0 0 0 0 0 SEPL CK 0 0 0 0 0 0 0 0 0 BBPL AD 120 38 33 199 60 94 16 5 0 BBPL JUV 0 0 0 0 0 0 0 0 0 BSPL CK 0 0 0 0 ---- 0 0 0 0 0 WIPl AD 11 22 5 0 0 4 12 38 0 WIPL JUV 0 2 0 0 0 0 0 0 0 WIPL CK 2 0 0 0 0 0 0 0 0 SNPL AD 8 10 9 7 4 3 11 3 0 SNPL JUV 0 0 0 0 0 0 0 0 0 SNPL CK 0 0 0 0 0 0 0 0 0 PIPL AD 48 20 19 34 10 42 13 4 0 PIPL JUV 0 0 0 0 0 0 0 0 0 PIPL CK 0 0 0 0 0 0 0 0 0 REKN AD 400 0 120 149 144 5/ 54 0 0 REKN JUV 0 0 0 0 0 0 0 0 0 REKN CK 0 0 0 0 0 0 0 0 0 DUNL AD 57 3 0 648 225 107 96 0 0 DUNL JUV 0 0 0 0 0 0 0 0 0 - DUNL CK 0 0 0 0 0 0 0 0 0 SBDO AD 138 105 517 996 119 225 0 24 0 SBDO JUV 0 0 0 0 0 0 0 0 0 SBDO CK 0 0 0 0 0 0 0 0 0 LBDO AD 0 0 0 0 0 0 198 ::; 0 LBDO JUV 0 0 0 0 0 0 0 0 0 LBDO CK 0 0 0 0 0 0 0 0 0 GRYE AD 0 0 1 0 0 0 1 0 0 - - 0 GRYE JUV 0 0 0 0 0 0 0 0 Agenda Item No. 100 April 12, 20r Page 120 of 1L - Agenda Item No.1 00 April 12, 2005 Page 121 of 161 Total Birds Observed by Year FWC Bird 1995 1996 1997 1998 1999 2000 2002 2003 2004 Observation 4107 2683 7235 4147 1135 1183 717 1056 1309 Reports, Sand Dollar fsland Total Bird Observations bv Species GRYE CK 0 0 0 0 0 0 0 0 0 LEYE AD 0 0 0 2 3 4 0 0 0 LEYE JUV 0 0 0 0 0 0 0 0 0 LEYE CK 0 0 0 0 0 0 0 0 0 WE SA AD 1253 617 978 815 242 461 121 1 0 WE SA JUV 0 0 0 0 0 0 0 0 0 WESA CK 0 0 0 0 0 0 0 0 0 LESA AD 0 0 0 0 0 0 0 0 0 LESA JUV 0 0 0 0 0 0 0 0 0 LESA CK 0 0 0 0 0 0 0 0 0 SAN D AD 73 37 54 252 185 39 134 43 0 SAND JUV 0 0 0 0 0 0 0 0 0 SAND CK 0 0 0 0 0 0 0 0 0 MAGO AD 0 0 12 0 0 0 0 1 0 MAGO JUV 0 0 0 0 0 0 0 0 0 MAGA CK 0 0 0 0 0 0 0 0 0 AMOY .AD 3 10 5 5 1 0 0 4 0 AMOY JUV 0 0 0 0 0 0 0 0 0 AMOY CK 0 0 0 0 0 0 0 0 0 WILL AD 0 2 3 19 0 3 1 15 0 WILL JUV 0 0 0 0 0 0 0 0 0 Will CK 0 0 0 0 0 0 0 0 0 R UTU AD 5 4 20 63 22 21 28 23 0 RUTU J UV 0 0 0 0 0 0 0 0 0 RUTU CK 0 0 0 0 0 0 0 0 0 BRPE AD 0 1 30 0 35 3 2 20 0 BRPE JUV 0 0 0 0 0 0 7 0 0 BRPE CK 0 0 0 0 0 0 0 0 0 DCCO AD 0 0 0 0 14 0 0 35 0 DCCO JUV 0 0 0 0 0 0 0 0 0 DCCO CK 0 0 0 0 0 0 0 0 0 SNEG AD 0 1 0 0 13 0 3 36 0 SNEG JUV 0 0 0 0 0 0 0 0 0 SNEG CK 0 0 0 0 0 0 0 0 0 REEG AD 1 1 2 0 5 0 3 1 0 REEG JUV 0 0 0 0 0 0 0 0 0 REEG CK 0 0 0 0 0 0 0 0 0 GREG AD 1 0 2 0 1 0 0 4 0 GREG JUV 0 0 0 0 0 0 0 0 0 GREG CK 0 0 0 0 0 0 0 0 0 GTBH AD 0 0 1 0 1 0 0 2 0 GTBH JUV 0 0 0 0 0 0 0 0 0 GTBH CK 0 0 0 0 0 0 0 0 0 lBHE AD 0 0 0 0 3 0 4 1 0 lBHE JUV 0 0 0 0 0 0 0 0 0 LBHE CK 0 0 0 0 0 0 0 0 0 TRHE AD 0 1 0 0 3 0 1 1 0 TRHE JUV 0 0 0 0 0 0 0 0 0 TRHE CK 0 0 0 0 0 0 0 0 0 ~D'" ....'" ObM>Vff~ RZ OVM!'V<!r'2 , "" ; Tk14 n:;c,"" ko... I :'fTE_AD LETEJU\I LETECK LfTE_NeTt" RO'I'T_II.D IHI\',_JUV ROYT_C>! AOVT_~'mTe SATE_oW SATE__II.JV ¡" s.:~~~ÑõTE CAlE AD -:;I,TF'_JUV - ..Art. ..I< ~~ ,"OTE_IID ~-~~~: I , "OTE: ,..OT€. , I ItOST.AD ROST .UII ¡-¡¡~ IUtTE_AD BRTE_JUV BRTE_CII i aRT!: NOlE BLSK AD !lLSK JIN OlSK CX BLSK_I~OTE GREG AD GREG_.JUV G"lEû.(;K GREG NOT<' GTBH AC GTBH J\N GTBH CII I GrBH NOTE LBJ1E_I,D Latif J\J\I lEl"E_~1{ lBHE_NOTE lAlif_AD TRHE_JLN TRHE CK ,-~ ,..... " Agenda Item No.1 00 April 12, 2005 \,~,a¡¡ 122 of 161 02l0ZlWi " "',,,,. " _m " Cll101Jt' " 0111'''1 " 11113111 " 01l1tIH " 17121". R' 1V211t1 " RZ ....,~1. l' 1_~rIe :CISAM cc "" 'Uft",90 "HI"" 7~...., Ra,nlrd O~I: N'I CO~ß4 ~O' IO~ Ü_ ~"'~.~,:¡:{¡ t.'d~ 7~. "~,,o:t¡I 1Ð15<;>1 "'-, 'Ow9"'M ""N ~A:,: tC-11 ~I5\IfY"" 12$O.¡-~$ J 11 <WI"I! !W"'''~. D C , 0 o 0 ,:: "'d,ng In~ Addoticmlr .1tJo1I"ll SJll!c,,~ '" " '" '" "" " 0 , 0 C , i,,.e-..,,,, ~"'...... lor C>V(.~ ." '" 'zoo ~5~ 0 , , " , , '" 159 "" , , D , , , 170 , , "5 o o "0 , o " , , l~,,~ o o o Ii"" ~ 01!~1",,~ " , , o ødvII~p"·..ft11 o , 1>\O'I;'I' IC~ø ¿ , o o it ,. " o , "0 '" '" ~O) :m '" ". .. " 0 ~ 0 , 0 C 0 0 0 "".."«I(0x.4d ...",..It"'" (I&ðg.d ,)/juI.~ p"..¡"rn t:t:<~h l,~þ; ~. " " '" '" " '" " .. :!~ " 0 , 0 , 0 0 , , 0 0 0 0 , , C , M""~II'I!!iOO11 " " " '" '" " " , 0 C 0 0 D 0 , 0 ......'db.... " " , " '" , , , 0 , 0 0 0 0 , l;fed'wh"~ ~-, "" "" '" " " " , , 0 0 0 , , , , 0 , 259 0 0 " " tf:5 ," " lË2 '" 0 , " 0 , 0 0 " 0 0 , , , aou'"pr....,,, <".ng"~ D".O."".O "'*~ "".' , 0 0 0 ,- m 1m " ., f;~7 " " " ') , " 0 0 0 , , 0 , , ."""."'....n. , , 0 " ... " '. " ns " " 0 0 0 , , .. , , , 0 , , 0 adUl"p:u..'" o " " .- " , , 0 , , " " 0 0 0 '50 '" .~ , " '" , 0 . 150(1"0115 'NOU'''!JtÞ po3.\"''' SEf'L_AO " , , , ~<:Pl JU~- · , , SEPL CK · , , ~ ~~,t~:.::J k¡"~\~1I aB >L_AD " " " . BaPl JW , . , 0 aBP'L_CK , , · , B8PL NOTf r....all'lI rO'I\I'n~ WIPI._AD 0 " " WIf'IL JU\. · , . WIÞlJ;K · c, . WIPL NOTE 1"'1':';""<1 IO'!! C klf...."r; SNPL AD · , SNPL JUV , r-iÑPL~ , I,~~~~ ~~::E tt¡'agu-!f ',) 3~~ 1<11"111"\1 ¿~. " " 0 , ,; , , , , ;:,-...ç~" ..... <!.~ G'iIV'r:( n ó~ , 0 , 0 ~<".g1r.i and to. 0 " , . · 0 0 , ''''illl'''Y '" 0 ~ 0 0 0 , 0 , IOJ3gJnn '" , · , , ""~r¡~;¡:I I!lr~~ , " , · IQ',\.;J"''' 0 0 :¿I." \2' · , 0 " , , · IO'·9"'~ (O'I!!lng · 0 · " , · c. 0 lor;)!)""1 IOflç.ng , · 0 , 0 , 1m"",\! · · 0 " · 0 " , fO<;I9111<1 '" 51111 forlll¡ w lorlll"""' :~ 26 , , " " , , , , , · 0 fougl !ofag'''!I , " , , !ol'f'''a,tQl;li'l:;) ." 0 0 , " 0 0 0 0 0 0 0 , ' )a! , " · , , , ,..,,, . >"";1 :~J , , 'l)afi''U.~J~:';; '<IoIIIr>g QA~Q )1.0 GREG JUV , GREG_CK , <ìREG NOTE: fGr3[ P 1e<I"'1".:; G111H AD · , GT8H "UV , , GTBH CK · GTBH ""nTI" fOI~l' ieI'll/ire LBH~ AD , 0 laH~_JUV 0 · LSHE_CK 0 , L8 . E_NOTE '01;1\1"'9 Iorll9"'1I lRI'£ AC 0 0 TRHE JUV 0 TRI-E_CK · lRHE_NOT!! 1il/121OZ 0II1IHU orlNIU '01*1 lit;! KN f(N ..~ Db..",." 0t0..,....r2 ............ T.. 0112.7101 OZ/1SjOO lC LC "" ..n.....: ....Wfl.lltllly 1~ p",,~ Cllllld~ ovcrtlll.:>g()I"n"y f,I!In9(mode IlilE) a.p...,., 2 ;l1I1";U no " , .. ~,.I ¡¡nil '~ II'ØJC ~C N.","¡;IoI~ r·"~W .....1.111.1· ~5 ad<l~. lo,ag',1OjI , . , , o , :el/; 11."m2\! ellC'257 , , ...... Lf.TE...D L£T( JUV lfT~_CK Lf.n_~TI:: """"""1. dIo::.~ ',r¡r, V"',;ed ......'(!";~ , '" , , , , ,," " " " '\IIIIt"'J Agenda Item No. 10D April 12,2005 Page 123 of 161 O!r1I1N "' 07fJOlOot "' " ,....v,cIG""'" ",," '00 " o ~¡::ptn'; ,n in<! ( ~I ct " . o -,"._;--~ Agenda Item NO.1 00 April 12, 20r Page 124 of 1L APPENDIX J Marine Turtle Data _. ! '<1' o o N M o o N N o o N ...- o o N o o o N 0"\ 0\ 0"\ - "'<1' o o N 1 o 0"\ 0"\ 00 C\ 0\ ...- r-- 0\ C\ ...- ------ v: U W- (/) ~ <":\ '- U i;) (/) '";:j :..t.. >,:) 0\ 0\ i I - II") C\ C\ - '"' ~ (/) (/) <:) Z 4) t ;:¡ f- ~ v V) '- o "'<1' 0\ C\ - M C\ C\ ...- N 0\ 0\ - (/) - <:.J '- C\ 0"\ '<1'M 00 r-- 00 >,:) 00 ...0 N 00 >,:) N "'<1'"'<1' ;::00 '-0 V') 0\ 00 "'<1'C\ ~OO 000 ;::0\ r--M =0\ >,:)"'<1' Sr-- IJî ...0 0'<1' ...- ...- NCO ~O\ "'<1'V') >,:) r-- _C\ r--;:: N N >,:)...0 ...- CO - M ...- C\ N "'<1' IJî N - C'¡ M V') N N r- N - M MM Me"") C\ '<1" N N N N N N C\ r-- N M ... ... ... ... ... ... ... ... ... ... ~ U c 3 (/) ...- r---1------l---- I ~ I ..... I ...... ...... ("", ,- ("", 1"'-J <:) .L; ~ :5 ..c u ~ u OO¡ I ~ ~ f/) f/) Q)U Zt;... o Õ ¢:<3 <:.J v '- '- c;1 ~ COc::Q ~ U'J U'J i;)U Zw.. '- '- o 0 c c - U <:.J OQ Ol,f') C\'<1" C\ II") II") N ~ ...- ...- a;~ II") co N - - ...- r-- I.D \0 M - - o- r-- - ...- ...- \0 l,f') CO r-- ...- ...- - 00 "'<1'- - - l,f') M II") '<1" ...- - \O~ V') - ...- N ...- N M N - - ... ... * ... ... * M"'<1' r-- '-0 N 00 N CO - - - l,f') CO r- II")C\ :::r-- '<1"'-D l,f') 00 ...- ...- '-0 C\ o~ ...- ...- OM IJî M - - '<1"0 M N - ...- I.D l,f') \Q'<1" --¡ I I --I Ol,f') -\Q M r- V') 0 ...- - ... ... I I ... ... I ~-j-, .. ... ...- C\ '-0 M C\ N IJî II") - C\ M'<1" 1"'-1 0\ II") <:t 00 0 '-0 r-- r- '<1" 00 r- C\ 0 <:t r- IJî ...- <:t IJî N \0 '-0 r-- M 0 r--C\ 0\0 1Jî;:: ... ... ... 4 ... .. ________ _____u_ _______._.__ ... 1(. ... ... U'J t; (/) VU Zw.. - ~ - 1: '-ê V V 1@""O1 '" 5 I --~.? -'-- ... .. U'J Ví (/) v l...,) Zw.. u ':.) '- '-- o 0 ..c ..c (/) (/) ..:.:: ..::G ..... '- ct¿:l -.----. (/) Ví (/) II) U " Zu... '.f U'J U Q) c.. c.. ~ -'" z¿ 0\ r-- IJî 0\ IJî 0 IJî CO CO <:t N IJî 0"\1Jî r-:: ON IJî IJî _M 0-.= _r-- 0\:: 0\ - ("", r-- ool,f') r-'-D ...- I II") 0 II") 00 - C\ '.0 C\ C'ì 00 M 0"\ V") C\ M C\ 'Iì 00 M M U'J (/) (/) 11)(.) Zu... o 0 u u '- '- ~ ('; 2::2 Agenda Item No. 100 April 12, 2005 00 -:'fage 125 of 161 r-- '" ' MM' <:to o I.D V"\ II") r--C\I o '" M M COo 00r-- <:t<:t N ...- "''<1" "'Vì ë::~ IJî .. 'ì MM ~~ 001Jî C\r-- "'<1'<:t '-DO C\<:t 1Jî\Q C\Vì C\O\ '<1'...0 \Q..Q 0'<1" IJ, Vì C'ì r--r-- C\ _ 1.D00 ON - N ---------- Ir. co M(""'¡ (/) U'J VJ tJl) Zu... ~ :"j o 0 f--- _.------ -~--- ~---_._-~ '-- o ":J \Q "'<1' OO~\Q ~ <:tN OCY.J 0 .~---=-- --~ - , ::: c ,... + Q V N f- 3 ( r t1 l' c: W \.- ~ " r:... I..) C'::. v " j «, ) < ~ s ~ u 1,,' ! I I~ ',''" > g -~ <: -' Cl.. .. .~ j) ., " w ,- ~ '" c.... ~ '" w .J \- ~ ) r- -<. '.J A ( '- .~ ":J " ~ .>- ) ö f- <. ) G V 0./ W .J J o V p -:i ::: (':J ~ 2 !)J 't :: L:... * - I;..;' .,; '" ^.) - ,.... 7. " j1 Agenda Item No. 100 April 12, 20r Page 126 of 1\.. Figure 2.3.3.7. City of Marco Island Annual Emergcnces, ] 990-2004. 180 160 rJ) -+-Nests ~ 140 --- False Crawls 0 r:: ~ 120 C) .... ~ E 100 UJ - 80 0 .... ~ 60 .0 E :s 40 z 20 35 0 . -.--.--; -.- 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 rOulêc.C: co J O~\..\~"- Coo......TY SEA \ut:r~~ ??c\Ecnc...J "LA~ AtJ¡JvAl- '{èc'\'n:-T-ZDo4-- PfEPA-'i::'ED ß"{ Co(..(..IE:R CDUNTY (Ì\ivI!7-o-v'-"'E"....Jrfi.L. 51O~v\CE'S \)CP/\ICTAAE:All co '<1' '" ..q- .,- CD V- LO '<1' '<1' '<1' ~ 0 0 (V) "( 0 v- W r" ('II .,- <. ~ 0 l- t/) N 0 tt V- a ~ ...J .,- N ~ W .,- P ~ ..q- b- V) u 0 w ..q- 0 t u w .,- ...... S t: tit t/) (j) Q.) '" ..J (V) E Lù < .,- .J VJ :::¡ U. co t: 4: (V) 0 ;) .J C ..- ? <: :E ? /- Z '" a:: -< "< < (V) I.:..) .,- Z t/) a 7. 1: .... <D « < (V) ..\ J t/) (J.. t:J. W l.[) '2 :> Z (V) :2 Z C 1- Lu ..q- u Z (V) W )- ~ D<' ~ i- ...J j (V) I>- "( en (V) ) 8 D lJI 0 0 ~ J V ('.¡ r- U ç, J (V) oJ \11 ::J þ! ~ <: - l- (/) ~ UJ « ~ ..- ::í (") <1:. :E ro :;< .) L.. .;' 0 0 u (]) If) (") )- +-' (/) If) \- :r cu ( ) (j) :3 ,~ LL Z N J Q 0 . v ('- co tl w N Ci ..- I" & j 0 J Iv 0 l.[) 0 l.[) 0 \.() 0 !>J. (V) N N ...- .,- \J \.:'- sa::)UaßJa,ua O ..Iaqwl1N W ;J ? ~ - 01,()..- 0°<0 ..-0..- N_ o ~O zNr-- "-N E=..- .... 2 ~Q) -«0) co co "C 0... c Q) 0) « 01.0..... 00<.0 .....0..... N_ O -0 ZNOO .....N E:¡::..... Q) a.. Q) ~~ C) ctI ctI -0 a.. c Q) C> « co ..,. .,.. t-- ..,. .,.. CO ..,. .- l!) 0 ..,. 0 .- {'J ..,. \- ~ ..,. e .- l- e C'? ~ S 0 N ..,. "- ~ .- wJ en r::!. v N ¡;¿ -J ..,. ;S ~ .- J -( 41 « .- ) P- o::: ..,. ~ () 0 « \f\ W "<t - '.,) en c: "7 -5 -J m Q) ¿:. þ/ C'? E ..J W « Ç>-- '"" LL. :::J co c: Q C'? 0 '( Z .- ~ E - « t-- a: ¡.-- 1, C'? 0 (¡j en z UJ { i- I- co 0 0 < en C'? M- e D- <:<J W ;;- Z l!) z C'? l.1J IV C .J 1- Z ..,. ¡,¿ J- « C'? J !- .- k '< -J en r).. C'? 6 C'? 5 « v 0 D ,\1 J V\ 0 N C\l () D .¿ C'? '-" 0::: (/) C> ?- ::J « ~ ~ -.I \- ~ V\ C'? Û ~ !U .... V"> .- 5 v u ( ) (/) 0 0 C'? )- (/) ¡¡; v ¡:!1 (tj ( ) lJ... Z 0) r:J. N D 0 . J)J LV - OJ co J ~ N ...I û \.J v K .'>- 0 l.{) 0 L.() 0 L.() 0 (Y) N N ..... .- 1-", se::>ue6JaW3 JO JaqwnN u cd :J 0 VI - OID~ 0°<0 ~O~ N_ O - 0 ZN(j) E~N 't~ .$ a. Q) -<(0) m m 'U a.. C Q) !f N o o N þ en ..J ~ « 0:: (.) w en ..J <2: LL. o Z « en .... en w z o z « ..J !Q o () cr < :E U'J 3 co '-- U (j) U'J U'J v; co Q) LLZ o . o (Y) l() N þ/ ~D ~~ ..J (:IV> 2;- Ji l_ o N LO o I.[) sa:>uaBJaW3 ~O JaqwnN 00 ~ ..... l~ I"- ~ ~ ..... ~, (Q v ~ ') < t 1.0 Ç> ~ ...... V"\ '¢ t 1.>/ ~ '¢ ; ..... 0 "'" 't w ('f) V) '¢ ..... ) J N <- 4 ~ > I- ... 1 ...... t -< W ..... t '¢ '" ~ ..... '=' '=' 0 <', ; ~ ...... J¡ ..... c: c:: ,., ill (1) "- )" C") E c:: \.- ...- ::s .2 ~ tí 00 c: u C") 0 ::; ...... :E =:': t:l I"- OJ '" C") cr: t ::; J ...- Z ,::: 0 v (Q 0 -.: C") OJ U') Y ...- >-. Jß L.O c: ('f) ::; t> ~ ...- :..; w ... t>I '¢ .~ « ('f) '"3 .. ...- ". '-l Ct'- ('f) C") ...- N W C") v ...- ~ :> ...- .y, C0 0 ('f) m N 00 N 0 Appendix K Bacterial Count Data for Tigertail Lagoon 2001 - 2004 Agenda Item No. 10D April 12, 20r Page 130 of 1... - http://esetappsdoh . doh. state. I.us írmOO beach water/beach results .aspx?countv=Collier I I Sample Period Start 9/29/2003 -.. 6/25/2003 6/24/2003 6/23/2003 12/17/2001 9/10/2001 8/15/2001 8/14/2001 8/13/2001 8/28/2000 11/1/2004 10/25/2004 8/512003 7/8/2003 _ 6/18/2QQL _ 11/3/2003 9/30/2003 7/7/2003 _ 6/9/2003 __ 5/19/2003 2/25/2002 9/11/2001 --~-- 8/20/2001 8/18/2001 7/30/2001 9/26/2000 1/31/2005 --- 1/24/2005 1/18/2005 1/10/2005 1/3/2005 12128/2004 ·12/20/2004 12113/2004 12/6/2004 11/29(2004 11/22/2004 11/15/2004 1118/2004 10/18/2004 -- Enterococcus Fecal Enterococcus Geometric Mean Coliform ,......_N.· - :~~:L ~::~ .~.~~-_. :~6: POOR Good POOR ._~..,.".....~""-- POOR Good .._._ __.POOR POOR NA GOOD ..~~ POOR NA MODERATE ......-___ ______..m.. POOR NA GOOD POOR NA MODERATE POOR NA GOOD POOR NA MODERATE NR.___ __. Good __Om NR NR Good NR NR NA GOOD ....-...-. NR NA GOOD NR NA GOOD MODERATE ___!-__ _Qoo<L-.__ GOOD MODERATE Good GOOD MODERATE Good POOR ~~~~:~ ~~ ~::: --f-- ~~~~ MODERATE NA GOOD MODERATE NA GOOD MODERATE____ NA I GOOD MODERATE NA GOOD ~~~~:~]- G~;d ~~~~~r --- .. Good __ .....__90~__. .. Good Good Good Good__ Good Good Good Good T -. GOO<:J~ T-~. Good G()9d~ __ ~. Good 1 Good Good I Good 1 Good ._.~~~~ ·~-i ~~~~ _. ~l~" ~~~~ ~~~~~~:--l--. ¡~-~1_000d f· .~~~~_=E.=-~~~: .. ·_:¿_,j~~-I- .-..... Advisory I Warning Is~u~~ No Yes Yes Yes No No Yes Yes Yes No No No No No No No _ _!-- N.Q ___ No No No No No No Yes No No No No .. No_ No No No No.._ No. ,,_ No No N<2._.... No No ..._m........_·_·..··_· No http://esetappsdoh _doh. state. fl. u s/irmOObeachwater/beachr esults. aspx ?county=C oilier Agenda Item No. 100 April 12, 2005 Page 131 of 161 --. -- ,. --- Sample Enterococcus Fecal Period Start Enterococcus Geometric Mean Coliform 10/11/2004 GOOD Good GOOD ----~~-- -- .-- 10/4/2004 GOOD Good GOOD 9/27/2004 GOOD Good GOOD 9/20/2004 GOOD Good, GOOD .. ~l4/20-º~ GOOD Good GOOD 9/7/2004 GOOD! Good GOOD 8/30/2004 GOOD Good GOOD 8/23/2004 GOOD Good GOOD 8/16/2004 GOOD Good GOOD 8/9/2004 GOOD___ Goo-º-___ GOOD 8/2/2004 GOOD 1 Good GOOD 7/26/2004. GOOD Good GOOD -- ~.9/2004 I GOOD I Good GOOD . I 7/12/2004 GOOD i Good GOOD --- 7/6/2004 GOOD Good GOOD 6/28/2004 GOOD Good GOOD 6/21/2004 GOOD Good GOOD _6/14/2004 GOOD _ Good GOOD 6/7/2004 GOOD Good GOOD 6/1/2004 GOOD Good GOOD 5/24/2004 GOOD 'Good GOOD 5/17/2004 GOOD I Good GOOD 5/10/2004 GOOD Good GOOD 5/3/2004 GOOD Good GOOD 4/26/2004 GOOD Good GOOD -----__ _n .__ __ C----_ 4/19/2004 GOOD Good GOOD 4/12/2004 GOOD Good GOOD 4/5/2004 GOOD Good GOOD .~..~..".. 3/29/2004 I GOOD Good i GOOD 3/22/2004 GOOD Good GOOD -..-.-----. 3/15/2004 GOOD Good GOOD ...A_. _~. __ 3/8/2004 GOOD Good I GOOD .- 3/1/2004 GOOD Good GOOD .._~..,.-+.. ".~.._.m 2/23/2004! GOOD Good i GOOD ~17/2004-j-=-_ GOOD. --- -- Good ------ GOOD 1~6~2~=t ~~~~- . ~~: ~ ~~~~ 1I19ï2ÒO¡·····.··.].·.·.····-·.·. -GÒaD -....-....-" . -~~~~__-I(L ~~~~ 1/12/2004.J.. GOOD ¡ --G-~~d- on ,-8006- Advisory I Warning Issued No No No No No No No No No No No No No No No No No No No No No No No No No No -.----- ...-----.-. No -- No__ No No No No No No .-- No No --- No _..~....,.. ....-._. No No ---...,.....~.-... No - ...-- ,-. ~ -.-.-..- .-.-- .--- Agenda Item NO.1 00 April 12, 20(''- Page 132 of 1\ - .- ·- ? http://esetappsdoh,doh.state.fl.us/irmOObeachwater beachresu ts,aspx. county=Collier Advisory I Sample Enterococcus Fecal Warning Period Start Enterococcus Geometric Mea n Coliform Issued 1/5/2004 GOOD .. ". Good GOOD No _._......_~... 12/29/2003 GOOD Good GOOD No "'-'--''''-..- 12/22/2003 GOOD Good GOOD No 12/1 5/2003 GOOD Good GOOD 1---.. No --''''---''--''''''-- -~.._---- 12/8/2003 GOOD Good GOOD No 12/1/2003 GOOD Good GOOD i No 11/24/2003 GOOD Good GOOD No 11/17/2003 GOOD Good GOOD No _..----- 11/12/2003 GOOD Good GOOD No 10/27/2003 GOOD Good GOOD No 10/20/2003 GOOD Good GOOD No 10/13/2003 G90D.__ Good GOOD No .. 10/6/2003 GOOD Good GOOD No 9f22/2003 GOOD Good GOOD No __ 9115/2003 GOOD Good GOOD No 9/8/2003__ i-------------_G.OOD _ Good GOOD No -t-- 9/2f2003 GOOD i Good GOOD No 8125/2003 GOOD I Good GOOD No 8/18/2003 GOOD Good GOOD No 8/11/2003 GOOD Good GOOD No /4/2003 GOOD , Good POOR No : 7/2812003 GOOD Good MODERATE No 7/21/2003 GOOD Good GOOD NL- ---. ---. 7/14/2003 GOOD Good GOOD No__ IIi 6/3012003 GOOD Good -- - GOOD NO 6/2712003 GOOD Good GOOD No 6126/2003 GOOD Good GOOD Yes --. -----...-.- 611612003 GOOD Good GOOD _t>.L~_ ._. .. -- -" 6/2/2003 GOOD Good GOOD Nð 5f27/2003 GOOD Good GOOD No .~.~...~._. .H__....... 5112/2003 GOOD Good ."- GOOD No 1--.. 5/512003 GOOD Good GOOD No . --.. --..'....... ......- ...,,--- 4/28/2003 GOOD Good GOOD No .."---.". _mor ..--....- 4121/2003 GOOD Good GOOD No .-..-..-.-...... .. 4/1412003 GOOD Good -t- GOOD No__ - ... - 4/7/2003 f---GOOD Good GOOD No --_..~*.--. - 3/31/2003 GOOD Good GOOD ~...N2 _ -m4/2003····T·-··GOOD I .·...H..._.... Good GOOD Nº.._~ -. ~~~ ~~~~6%~-+~--'-~~~~ u·...·.. ..1 Good GOOD r-- ~~ - ..~",.".__~,__H.. Good 1 GOOD _.-- Agenda Item No. 100 April 12, 2005 Page 133 of 161 htt :/ / esetappsdoh.d oh.state. fl. us/irmOObeachwater/beachresul Is .aspx ?count =Collier Sample Period Start 3/3/2003 2/24/2003 2/18/2003 2/10/2003 2/3/2003 1/27/2003 1/21/2003 _.~- 1/13/2003 1/6/2003 12/30/2002 12/26/2002 12/16/2002 12/1 0/2002 12/2/2002 11/25/2002 11/18/2002 11/11/2002 11/4/2002 10/28/2002 10/21/2002 10/14/2002 10/7/2002 9/30/2002 9/23/2002 9/16/2002 9/9/2002 9/3/2002 8/26/2002 8/19/2002 8/12/2002 8/5/2002 7/29/2002 7/15/2002 7/1/2002 6/17/2002 6/3/2002 5/20/2002 5/6/2002 4/22/2002 4/812002 Enterococcus Fecal Enterococcus Geometric Mean Coliform Good GOOD Good GOOD Good GOOD Good GOOD ~-~- Good GOOD Good GOOD Good GOOD Good GOOD Good GOOD Good GOOD Good GOOD Good GOOD ----.--- Good GOOD Good GOOD Good GOOD Good GOOD _._-~------ -~----+--- Good GOOD Good GOOD Good GOOD Good GOOD Good GOOD Good GOOD Good GOOD ..........m.__'_·~~.... .____ _____._'_ Good MODERATE Good GOOD Good GOOD Good GOOD NA GOOD --_......... NA GOOD NA GOOD ------ ..---- NA GOOD NA L... G09º~ NA I GOOD NAHor- GOOD ~~ ~-£. ~~~~ ~ '0. . -~Ä-----t ~~~~ I _.L~___· .........~¡..~.==.=[~_. -~~~.=~.~J=-_._ Advisory / Warning Issued No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD _._~-~ GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD _'__N.._.~...._·,,,·. GOOD .____~.~,.~.~h. Agenda Item NO.1 OD April 12, 200' Page 134 of 1 E. - htlp ://esetappsdoh doh .state. fl. u sllrmOObeachwater/beachresults aspx ?countv=Collier Sample Period Start 3/25/2002 3/11/2002 2/11/2002 1/28/2002 1/14/2002 1/2/2002 12/18/2001 12/3/2001 11/19/2001 11/5/2001 10/22/2001 10/8(2001 9/24/2001 8/27/2001 __ 8/23/2001 8/22/2001 8/22(2001 8/22/2001 8/22/2001 8/22/2001 8(22(2001 8/22/2001 ~- -- 8/22/2001 8/21/2001 8/19/2001 8/17/2001 8/16/2001 8/15/2001 7/16/2001 7/2/2001 1--__~0/20 0 1 5/22/2001 5/8/2001 _~/24/200 1 4/10(2001 3/27/2001 3/13(2001 2/26/2001 -~'~'^- 2/13/2001 1/29(2001 1/15/2001 1/2/2001 Advisory / Enterococcus Fecal Warning Geometric Mean Coliform Issued NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA ._ GOOD___~~ NA GOOD No NA GOOD No NA GOOD No NA i GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD No NA GOOD N~ NA GOOD ...!:'!.~ NA GOOD No .._~. I NA I GOOD Yes \ NA I GOOD Yes ---±~"::.~~ '--1 MO~%~~TE ~:: _._1-_.. NA MODERATE No --1---. NA GOOD _ No 'NA GOOD No ........._ _......... .. ._--1-- --. . NA GOOD No ....,--. ..--....... .... ..... .-.------........ GOOD NA GOOD No .........- --..--.. ...._--- .- GOOD ____... NA. GOOD._.. No GOOD ._ -.. ~A _ '___ GOQº. No ..._...~...--t--- GOOD ........+rNO ~~L=~--~~-=f-~!t~ ~: '----i.. ._ ..~~__._.t~·.~~~~__. ~: ..__._ ______ . _.J ___NA:...".__.J GOOD ....._ No .. -- - ... Enterococcus GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD -- ---------- GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD ---~. GOOD --.-.-.-- ----- Agenda Item No. 100 April 12, 2005 Page 135 of 161 .- http://esetappsdoh .doh. state. fl. u s/irm OObeachwater/beachresults .aspx?co untv=C oilier ! Advisory I I Sample Enterococcus Fecal Warning Period Start Enterococcus Geometric Mean Coliform Issued 12/18/2000 GOOD NA GOOD No 12/412000 GOOD NA GOOD No - 11/28/2000 GOOD NA GOOD No 11/6/2000 GOOD NA GOOD No 10/23/2000 GOOD NA GOOD No --_. .- 10/9/2000 GOOD NA GOOD No 9/12/2000 GOOD NA GOOD No 8/31/2000 GOOD NA GOOD No 8/14/2000 GOOD NA GOOD No 8/112000 GOOD NA GOOD No Agenda Item No. 100 April 12, 2001:: Page 136 of 1E. - APPENDIX L Cross Sections Drawings of a Concrete and a Wood Walkway Agenda Item No. 100 April 12, 2005 Page 137 of 161 -~,- -'- I'~ 101-'-0" WOOD HANDRAIL r(NP.) CON CRETE CURB (TYP.) Agenda Item NO.1 00 April 12, 200C" Page 138 of 1( '~I . ... :./- CONCRETE STAUGlURAL TOPPING PRE S1HESSIJ:J HOlLO'll CORE CONCRETE SlJ\EI . .~ ~! 7" . ¥. - OOO~OOO :~~" ~ .. , . .. PRE-t:A5T REJNFORCED CON CRE TE CAP PI<:E-CAST cm/CRETE PIlE (TYP.) , I I I I I: 'J~ ., TAYLOR ENGINEERING INC. eooo C\'fÆ88 QfÐ3f t:R'tE. EUIE 200 .üCIŒIC:Ho'UE. R.aÐIl ~ ~I r---, .' .. I I ~ , c I tJ t- « I ~ I :::J -< 'b ::¡ I ~ I b. '" UI I VI .... I VI < .... II:: I _ _ __ _"'J!.~.,.j-l..S~ u T ß N.G.V.D. 192.9 T _____IoI~~_=~~ I I I a .., t· ox 5 , . CJ .1 ; UJ a: k '" « '" . f..' " FDJ'E I I!E:l1DN __ IIAI£ CCl..I..M B..AMJ CXIU.BI ~. R..O!Ø. ;'''-.00 CIIIOI-OS:I ;â....ïf--V^·~"~'CWW ..~ tal1 ..E"-Od.1IDI1, ~ Conceptual Boardwalk - Concrete Design Cross Section ~- Agenda Item No. 100 April 12, 2005 Page 139 of 161 14'-4' 4· )( 1G' \t\100 STRINGER flY?) 1D" K 10· 'flOOD eu~PE~ . ;,. . r--ì ~" A P~E-t:A5õT REINFORCED CDNCRETE CAP I I I \ I I I I I I I ____.JIJ:I,!-...±"h6.t T iñ c i5 ~-- PRE-CAST CO"i CRETE PILE (TIP .) ,... .c >- ~ ~ ~ øo ¡s ~ .c IJ. a: <:) IJ. e. -.;¡ N,ç¡.V.tI. 1929 _ _ _.:. _U..:b-.!.. ...::~£ I I I I .. ¡~". . ". ¡' ~-. d . ~ '" . of' T I , I ·:r. .1 ~ I" " ~f ·.t" I· o w ~ g II: ~ ,.-- TAYLOR ENGINEERING INC. (I O c::m:Eæ CIIDII:.WrIE am; ¡oo JACI(fICItM.LE. ~.1D¥ Fa.FE 2 HECT1CM 'IEW !WI) J:XL!.MiI JIII.N1K ca..&..a CXXM1'. A.OfÐI. ¡"'- CXICIiHISI. ~-~...---- CfIW _...... 1af1 ~c;::_._. .111»4 - - Conceptual Boardwalk - Wood Design Cross SectIOn Agenda Item No. 100 April 12, 200' Page 140 of 1E. APPENDIX M Copy of Sign-in Sheet for Public Meeting Held 2:00 pm, 28 October 2004 at Collier County Parks and Recreation Administration Building. ~M_..__~._·.e'e_. Agenda Item No. 10D - --------~.-~~~ _ .__-.- ·-_~~:J{ë-;;--~-0-~_~£~~+~:¿:~~.~=~n-- .. . =~~~~~~~="-~~:~-~- ------- .---4'-irt--1-~ .-----:------ . _._____.__~~: IM&c.." tJ...~~__. tÐ Lv' c.O()V'v~~.t.\Ùlrt\.^-b.t:JJ .s..rLJ-L~~__u__._.____e... ),\('(1 Wa\sVl ,................_~_...~\._.. _____.__~_________e_n__ e____._·..··..·· '_'_'..''''_nhe.....u.u... '---5~1-l~--C~-;- '-J-L~,u-'-O,J-~~i{(~L_-.------------ -. . ·-------=1~~~~-}==~-~~-=-=, l_=~_=-_--~=-=_====_=~= . .." .. Cß!,0i__ß.~V.~L.J?ß._._fßi'b_&f.';y..LK___e_e__.__..._______.,..,... -... . . - ._n_~ ~-J-z:, --'-- .__ ]i~: ::'~ ~~____L~~.fi~~i2_,,-__LJ~d<L'_ ( -;¡_I:-:LL JZt;>«ol-¡ Æ . rr..ß-€./Olv--.. __ºÇ?I[LC{~~_ç&ur¿~r;_. f)Ù_.Jc¿þ~fL"H .--...--- .... V"-.u___L3eJCL"N.n_ .. un.. . ) -- ... ... ~ 1 . _þ<~¡~ fb"cQcc .c_-/f".,"'JOT 0~.¿-;L,&d?N "-,,,,L__ - . ße~\"L.,~d.>Q£5.òf\)-=- 'l-m~~-N~ n 1J¡~--nß-qr.~1~r.~9fJd ." ... n .. "...---.--. . ". 'U/CQi~/'~Y~'O¡ ... ..LDI15R.CIJCU1C£ -- ,". l!//á.t':.!¿fLe____n/j:;C:'t~Ift¡U __mub:'_¿d/d~>...Œ-t:~ - . 7-f;?/~77(L/.. .. ....2~;;~-··t~~~~~~...~:,-:.:~1a£Z;-~ ") ~ I _ _J .' ..' ../~ ¿UJ. i I /·1 -' ---' .r IF' / .e,:'; 1c:Y.-~· ;~ .:.~ ____ _.~a'¿,¿Aff.~ . n.~"1{~Cln'j}.n_Li·t'· .... .~ --'<,. Vtf¡ U lf3 __ SIì It: ç - . I f\. yç cJ /¿ . r: lV!rr IJ~ [æ ¡ÇU (~lz;Ji PC>: ¡¿ ";-;(4/),--1 -- Ge-pß APPENDIX N Conservancy of Southwest Florida Position Statement Regarding Proposed TigertaiJ Beach Boardwalk Agenda Item NO.1 00 April 12, 200r Page 142 of 1E. ¡'I/(lII(, 2.N.2h2_U.~ILI 1-,/\ 2."J.2(,2.i1()72 Lee COl1nt~· ::A'gentila;llterrHNI.Oj 100 I or! :\ 1\ ("I,. JAprU. t2') I~W05 /'/1, ,~~ø,I1)1~~qfJ 161 Collier County .j)() J\1crrihllL' I)ri\ c - J\apk,. Florid;1 "1.1 I rc I·,'l~ .\ :.~.!.~ J:". ï!ì\'.J ¡" J '.. . : ' '.;1 " ': ' ¡ i ¡''''fclIing III(' n,illIl"(' 0/ (J/lr ("ml/lllll/lilrf,JI' -II) r,'ur.", November 19, 2004 Ms. Mar1a Ramsey, Director Collier County Parks and Recreation Department 3300 Santa Barbara Blvd. Naples FL 34116 RE: Tigertail Beach Boardwalk Dear Ms. Ramsey, The Conservancy of Southwest Florida remains consistent in our opposition to the construction of any structure across, over, through or in any way traversing thc Big Marco Pass Critical Wildlife Area (CW A), also known as Sand Do]Jar Island. This Stale- owned mudflat and tidal ecosystem is managed and protected by its status as a State Critiea1 Wildlife Area for nesting, resting and fceding migratory, wintering and resident shorebirds. ]n addition, in 2000, this area was also designated as Critical Habitat for the wintering population of the State-threatened piping plover. This site is considered om: of the ten most important shorebird wintering sites in the Eastem United States and is one of only two such CW As between Tampa and Flamingo. The plaeemcnt of any structure, whether a boardwaJk, picr or observation towcr, is incompatible with the primary function of this land as protected shorebird habitat. The Conservancy opposes the draft conceptual plan for a Tigcrtail Boardwalk and wilì oppose any structure crossing this sensitive environmental systcm. Critical Wildlife Area A Critical Wildlife Area is defined in the Florida Administrative Code as an an:::a, "'yvhich is regulated to minimize the advcrse impact on wildlife due to man-caused disturbancc or destruction."' The submerged and cmergent lands arc owned by the Florida Department of Environmental Protection, and the CW A, which extends far beyond the actual sandb<\r, is managed by the Florida Fish and \Vildlife Conservation Commission (FWC). The CW A boundary encompasses approximately 1,500 acres, because the State realizes the sand \vi II continue shì fling and as this occurs, nccessary shorebird habitat will change. As part of this management. the FWC has the authority to rope off areas to keep people from distllrbing the birds. Portions of the C\VA arc roped off year-roLlnd for feeding and H' IV H'.cuJ\S('rVal) ('~'.org ~.,----,_._.. Agenda Item No. 100 April 12, 200r Page 144 of 1 E. Page 2 November 19,2004 resting areas, and seasonally for nesting least terns, black skimmers, snowy plovers and Wilson's plovers. Seasonal1y, these roped-off areas change, depending on where shorebird activity is concentrated. No matter what location would be proposed for a boardwalk, it could at any time be in contlict with a roped off area. Such a eontlict would ultimately result in the closing of the boardv.:alk. The County should not spend tax dollars on a project that might become unusable. Piping Plover Critical Habitat The designation of Critical Habitat is required under the Endangered Species Act for all listed species. This designation locates areas that are important for each listed species. Piping plover Critical Habitat was designated by the U.S. Fish and Wildlife Service in 2000. The Sand Dol1ar Island system is within the Critical Habitat boundary. Critical Hubitat is a tool used to notify federal agencies of areas that must be given special consideration when they are planning, implementing of funding activities. It is triggered when there is federal involvement. Due to the involvement of the U.S. ^1l11Y Corps of Engineers with a project such as a boardwalk, this heightened level of consultation would be triggered. The Sand Dollar Island!Tigertail Beach system is extremely impol1ant for Florida's threatened wintering piping plover population. The incompatibility of a boardwalk would be brought out during the consultation triggered by Critical Habitat. A Rare and Unique System The mudflat and shoal system that dominates Sand Dol1ar Island and Tigertail Beach creates the necessary habitat for attracting nesting, resting and feeding migratory, wintering and resident shorebirds. This system is not, and will never be, a sugar-sand beach. Collier COllnty must recognize and promote this area for what it is - a world-class birding destination and ecological park. The puq10se of this area should not be to gL:t the maximum number of people to the outer side of Sand Dollar Island. Such a goal is incompatible with the resource. The inappropriateness of a boardwalk in this area has been voiced by environmental organizations and concerned citizens, including the Conservancy, Florida Wildlife Federation, Collier County Audubon Society and Friends ofTigel1ial Beach. The agencies that oversee permitting of such projects have also expressed serious concern ahout this boardwalk idea. Ricardo Zambrano, Regional Biologist for the FWc. is in charge of management of the CWA and was quoted in the Naples Daily News stating that, "Obviously wc think it's a ridiculous idea," (November 7, 200+ Narks Daily Nl:WS article entitled, "'Environmentalists: i\:larco Path Not Really For the Birds"). Instead of spending money on a Feasibility Study for an unfeasible and unwanted boardwalk, tax dollars should be shifted to promoting the unique aspects of this area. Options for bcachgoers should be done in a separate forum, and encompass such ideas as expansion of the South Beach access, or purchase ofaclditional public access on the Island. The Conservancy asks that Collier COllnty abandon the boardwalk study. Page 3 November 19, 2004 Agenda Item No. 100 April 12, 2005 Page 145 of 161 -- In addition, through discussion with the County's consultant on this malter, \ve understand that no additional public input can be made until the County reveals their recommendations for this area. Please let this lctter serve as part or tile public record, to be included in any report on the feasibility of a boardwalk. The Conservancy offers our assistance to Collier County to explore and maximize opportunities to promote understanding, awareness and compatible uses for the TigertaiJ Beach/Sand Dollar Island system. However, this should be independent oran engineering Feasibility Study. lfyou have any questions, please give me a call at (23')) 403-4220. Sincerely, (/) LfJJ[tL}2¡U(U{J Nicole Ryan ð . Envirolill1ental Policy Manager cc: Board of County Commissioners Collier County Parks and Recreation Advisory Board David Stites, Taylor Engineering Agenda Item No. 100 April 12, 20r Page 146 of 1l APPENDIX 0 PowerPoint Presentation 28 October 2004 Public Meeting Agenda Item No. 10D April 12, 2005 Page 147 of 161 PowerPoint Presentation shown at the 28 October Public meeting for the Boardwalk at Tigertail Beach Note that this presentation used provisional data that Taylor Engineering has revised in this report _...~:,., , ... '0'," . . . "'-, ..(tj.....,,' ..', ,,:.," .........:--,_:---. -. (:,:-,":. ::...:......:./:... 1:\ ;;~, ,,\'\ "C ",. '- ,Q) ~ ," .....¡: ·0· '.'.1-" ,'.: CD >. "C :::J I · en " c ~...! :!:C:tn - III ¡ - -- "" .QE'- __ CO U)CIJ= CO 0 0 ClJCOC LL- ~D.."'C _-aC: CO c: CO 3:COC/J ~c:O CO C).. o -- ~ mU)'- CIJ CO ....CD.. O-.£: c: CO 0 O.aca :¡:; c. CI) COCIJm :JO- - c:.- m 0 CO >Ot:: W CI) C) -- I- i '- ~ .= J ~ 01.0...- O°<D 0...- "'-N_ o _0 ,- zNcn "'-v E 1::"'- 'vi' ( ) a. (J)-1oo.. ~ :« g>rn rn -0 Q.> _ c: ;;:>_ ( ) "'0 0 ;¡ ~ 0 «'-0 o c: ..ern rnCJ) ~ 0 0....... \of-- c:~ O>ctS . ü5 a.. O)...c: o ü - rn ctS 0) .am Q.. - 0) .- ü.E c: ~ o~ o .- O)r--g -oEm .- 0- > ~ en o \of-- ~ a.. I (() c:t::: oE . - \of-- -æ Q) :::J Q.. - 0 Cd....... >~ 0) en en 0) 0)"0 ~"O :::J c: o ctS en ~ 0) (1) ~ > - !i.- ctS ::J !i.- en :J +-' Q) ctS C) c: !i.- ctS 5 Q..en o 0) - !i.- 0)-0 >- 0) 0) 0,+= I c: C') 'ëi) 0) "'0 - ctS ::J ....... Q.. 0) ü c: o ü Q.. o - 0) > 0) o I ~ -". ,. ,,,+~,.. T ~ C) ctS .c "'0 CD Q) \of-- c: 'ãj +-' ..0 o "'0 c: Cd o ....... ....... Cl. CD C) c: o C) +-' c: 0) en E ~ 0 a..~ I CJ) Q) ·6 c Q) C) « >. J.... o +-' ctS :J C) Q) a: ctS J.... Q) -0 Q) LL -0 C ctS Q) +-' ctS .. +-' (f) . 0) c: .- E ~ 0) ....... Q) "'0 "'0 c: ctS ~ +-' c: ::J o . O-e o rn +-' ~ en ~ O>~ .~ ..c "0....... .~ ~ \of-- +-' ....... c: en 0) 0) en..e 0) Q) :.... ro- · o..::þ I þ , ~ CJ) J.... Q) -0 o ..c Q) ~ ctS +-' (f) U .- - .0 :J 0... i ¡ 1 ~ OLt)...... O°<D ......0...... ,N_ O - 0 ZNO ......Lt) E:¡::...... 2a.Q) -«0) ctI ctI "'C a.. c Q) 0) « en Q)........ ~ .... COO co.. OCD .- rr: +-' CO en :J Q) -ü CO ~ > :J Q)O Cl..en 0Q) ~a: en - Q)~ "'O::J +-' '"0 CO . C:Z"'O CO Q) ~-O~ ~ Q) CO o+-,~ $.92"'0 "'0 Cl.. 0) -Ec Q) .- .- 0 Q) LLü..Q . 0) C ~ '+- ~ ).... o ~ CO C E CD ~ 0.. c: .- c 0> .- en ('j) o CO ::J +-' Cl. Q)Q) uO) Cco O+-, ücn . co ~Q) Q)s.... "'0 co Q)en '+-0) "'Oc c+:; COQ) CD(J.) -æ~ +-' en . Q) "0"'0 (DCO ~ E . §?cQ) cQ)E . - Q):¡::: =..Qoo CO Q).- ..c:>£ :'!:: cö +-' $ .!:: CO en en 0) +-'Q)C u·-·- cout: +-'C:J C Q) ü o 0) U ÜCCSO . CJ) C o "- CJ) 00 ::J U CJ) .- - "'0 $Q) C C 0)0 E..c: cCl.. s.... Q) Q)- >2 o Q) 9'"'0 c:J . 0(3c> C C c £; "00 .~ .- ~ <D ~~ E +-'000 U .!:: .- coQ)..c: +-' +-' C:~"'O o co C üoocö t ;:: ,..' tw I ~ j sI ~ I t: . OLO..... 0°<0 .....0..... .N_ o .0 ZN .......... E=~ 2 0.. Q) -;;; « C) '"C ro c c.. Q) !f 85 Q) "O..c:"O +-' ~ ~'+-ctS<D ()o:>o) C_;::>"O ._ CJ) "0 <D "OQ)~C CS-O ctS "0 - .- O)CO~ _ctSO)- ctS - 0) 0) _ _ "0 0) en ctS Cl) ~ ctS .- ~ Cl) « Ct') o o C\J CJ) <D ~ CJ) E ctS IDO..c "O()"O ::J<J)C ()..c ctS C CJ) .- +-' "OctS..c: ..c::t::::: C +-' S j"O"OC C ° 0) ctS 0).- __CJ)- ctSS°Q) û5O)a.Ü . ,.... X U __ <J) ctS t; ~ 01.0..- OOID ..-0..- N_ O - 0 ZNN "-1.0 E=..- Q) c.. Q) == « C) ro ro 1:1 a... c: Q) 0) « ""0 CD c CD- +-' ° aj..c (])-- ~ ::J ..co ~C/) ID§~ > .- ""0 O C ~ .- 0 0... E.Q O)°c C""O~ C <D 'õ.. ° ..c .- ü t o.....co ~ t C ."'!:::::: ::J':y' C 0 ~ ::>-cu I <Do... tn ~:5 'cu c '- -- t O ...0 0 <D cti "'0 0> ; I C,- CO <D r-- c 2 ..c 0 . - -- +-- C') - ::J"y __ -0 ° ~ tn .- C/) cu G) S _ 0... C - U);-:= ajCDcu - C).- t m·~ü<D I.. .- (]) 0) ,,, O~ 0...- .'61 U) r-- '"C afl . - 00 CD C) Q) 0.. U) -0 CD ~ Q) 0) c aj ""0 C (]) -- U) Q)(I'J ..c-o ü c aj :) Q)"P- m- ""O~ C Q) cti""O _CD cti"P- +-' "P- U)O CÖ(I'J o Q) O(/) -- ::J C U) o+-' .- Ü +-' .- cö~ c+-' O)~ '- ~ (/) CD~ Oü t +-' <C ::J C Q) f- ::> e Q) <:(:) c a: 0 ~ (1) ~ ~ OCt I I +-' cö +-' ...0 cti ..c 0) C +-' U) Q) C Q) I C o -- ....,co COG) C I.. cn~ -- U) G) G):t:: -c- "0 co:: :E.~ Ii. 0- _as LLO .- ....:::: 01.. GJU ...., co ...., en . I ~ cö Q) >. ---- (/) >. ctS ""'0 LC")CJ) c.o"E CY):O I ~ ctS 0 Q)..c ~ CJ) <CO) CD C ~.~ -Q) ""'O+-' .- C S·~ CJ) ~ CJ)CJ) ctS ~ 0... CD E g E ~ .- aj..Y. ~U) ..Y. O)ü .- cö (1)- ,+-...0 o ~ tê cö~ 0...2 I !~ ~ ~ U i '_ It i (II II i ~ I,- II ",. .... ... ..... a:cn OL()...- OOW ...-0"'- N_ ._ c:i _0 ZNC") "'-L() E=...- 2a.Q) -«0) CO CO "'C a.. c: Q) 0) « . -0 (1) ..- .- .c .- ..r:. o ~ a.. (1) .c ..- o c: c: ctS ü C/) C/) Q) ü ü ctS ..t: Ü ctS 0) CO . 00 CD . ..- .- ~ ::J.±= CD ...cCUoo <Da5C: 00 a. 2 :JQ)o .:'!:>..- .c-(f) .- 0 "- ..t::>,+= Oc~ ~.- 0 a.. -a '+- +-'C"- °cuO c: c o~cu "CoCD .- E ~~CD o..c:-o -- CD en +-' .c -- ê c: g 0)-- -- cu 00 00 +-' c: CD CD~ 0 O -- ü+-' <DCD-!Q ~~o - .- -- -O:::J> Cí~ >0)0 >~'+- . .......0) Dc: c: -.¡::¡ O:'!:: ..¡::¡ E CÖ~ ~Q) a> 0.. -0 .- -0 OO(J.) c::+- Ocö ü- ~~ £-0 ~ C Ocö =00 ctSQ) 00 :::J C ~ 0-- :.¡::;O) cöc:: C:.- O)~ .- cö en I- (J.) O-æ +-' CDC : !.:.. CD --0 -0 ._ =-==ü ~E: . 'tl = , r:.:. ~ Q) (» C/) -0 c C'Ö .2 (» ~ U (; ro c: ..c 0) C/) c en o- r- 0 C/) ... +-' C/) \- C/) 0 CD C/) !a.- U CD U c: U ro-t o ~ E C'Ö t) *- !a.- (» (J)oQ..Q +-' Þ .c C en ~ *- 0 ~.2 ~ -55 +-'*- """ ~ C '+- CI) ~ :::JO:Jt- 8 I I I I a: 1 .I 1 ~ . i":t ~ ~ 7i "_1 1§ :¡; .'[ c Q -E ~ ¡¡,; t5 c;: ~ ..."'::1 E'; uÜ:: ~ ..::~ DC c: ~ ~O è: D r,:::1=: ~"'3 -;-0 ..£ C ..,:,¡ c r.: :n o ,0 OCII Z WID - till r" :) ~ ...... 0 1 z· _ we( £t: ~ () W 1[- W a~ Z z.J _ w'" t:) W . Z ¡[III W o~ Ø'o> (t: (f Z o ~~ -.J It! >- >-0 0,( 4: -¡ ~g o ~ '1]1'· i iil Ol.()~ OOW ~O~ N..... o - 0 ~j ZNI.() ~I.() Eï::~ Q) a. Q) ~ ::: « C) E ~ n:I n:I ~} "'C a.. ~ c 0 Q) C) +-- J « (/) C C') Q) CJ) CJ) +-- .- Q) c - en -c 0 ~ Q) CD ~ +-- +-- ..c .c. ..c: CÖ cö C +-- ....... > Q) E C) Q) +-- '+- >. Q) E c +-- 0 i c:: Q) Q) Q) -c .c. Q.) 0 ~ E CD +-- ~ L.() >. ::J ~ ::J C - ....... cö 0 en - cö 0- 0 'i +-- CJ) CD ~ CD en c CJ) ~ "'0 :I.... > - CD r: Q) Q) "'0 C +-' .c. c:: E ü cö CD t.) CJ) +-- m c Q) 0 >. m > "'0 ~ 0 c - .c. C. Q) ~ .- +-- cö ~ - t ü E +-- +-' .c. S Q) S .- > cö en ~ C +-- a.. - ~ 0 0) 0) ü C') 0) () Q) c c E c - <D '+- C m >. Q) +-' .- .- 0 I +-' 0 t.) - CJ) -c +-' c: C') :I.... 0) Q.. c: Ü +-- ro c +-- 1 ~ (/) Q.) - c Q) c c.. CD cö Q) c cö 0 E N ~ E cö Q) m ::J ..c E II ~ Q) ~ CJ) E +-- c: ~ ~ ü ~ :;j ..c Q) Q) .- ::J 0 0 Q) c: 1 +-- - C +-- C') ....... C') (\3 0- m ~ 0 cö t.) .- ~ .- ~ I ~ +-- .- ~ :;j I co :;j CJ) ü > « ~ C/) c: +-' I I .- I I I I I ~ Cf) > w . . . "'i'C 01.0...- ¡a. ° <.0 ~- o - 0 ZN<.O "'-1.0 E 0L: ...- Q.) a.. Q.) =:: <t: c> (t (t "'C a.. c: Q.) c> <t: --.... -....--.....-...--.... - c' . ;:¡ ...... ç . ..... ~ o . . '-' ~ (]) :> æ :¡:::¡ I.- r.n« Q) a: tl .t" , ~ \ ~? U\ i '- r: I .a '5 ¡ ~ ! -. 01J')...- 00<0 .N_ _0 NI'- "'-IJ') ..... ...- ~Q) «en CI3 a.. c: C') .- CJ) (J.) "'C Q) ....... (J.) ~ Ü c: o Ü : j N ~-- I ,C) ·,,9) ..l1 -,:9::C I ! lSO~l l V ^ 'lQ'nrW~~ ~l:''''.'.'''.·.~.l'.\ 'J ,...1 .J_~H to:'i..}) Jí "C ,6 ~j) I ,J=~ ' 7··-116'n 'J .~I I l.it.S b :!----+-------,...'.. ,,= I I~-- 'Ü ~ . --------- ~ i,o " -- lIì /1C-\ .. ) \.1 lie) !'e ¡I J [) !I _ l,) ¡U f., ü I' I' c:;;=')' J j. ~ J- ~ ~ G- 1,0 ~~ / Ie( D 110 : I CD 1'-', :r G' :' ¡.: :) r- ...." ~ ~ I ..J ~ i.J Ct oj z o u ü z ::J , it I' ' O! I ¡ I() I, - 1- ,J \/)'- I..¡ ('¡!'t o wz a:o ~ () ~I I ! Ii ...J < II () Z 4. I -:]"'4, on. n ). ~f- ..'." ,9 .'1 ~ ''II ¡r. W¡ .. 0 ri 'I ; ~I ~ -I ~ 21 I I I I -T ------- .... .......... ........... r - - -'I---' ~ ~I .q'" © f-Q .... ;i. :r:l ,.. ¿ r- tn < LJ 1:¡lIj fJ:.[ n. : lt~ <:>1- "It! 1.5'·' 70 "r ê5 ~ ...-U·..' l \ \ \ \ ...... _\ Gl(j'¡ìOli; 5\1 - ca~ ~- ... ca c.3: CI)"C (.) '- c:: ca o 0 om ".. "',,,','"'"' ,~,,~, f c:: o .- ... (.) CI) (/J tn tn o 1.. o ".- - ...-.- ~. > ¡.. .;:¡ ~ i I ~ ~ ~ .~ f. ~ ~ f ð ~~ r~m , ~~~~ @~ ~ð o ü z -~ CJ~I! ~ì~ ffi ~~ ~I~ z ~t ~~~ ~ r- o LOr- 0°<0 r-0r- .:t::: N_ O _0 / ~ ..~ ZNCO CD ~ r-LO E=r- ~1 2c.Q) 0')0) -«0) ro ro c: U "t::J a.. -- CO <;) c ~- :; Q) CÖ ~ 0) 1 « sõ5 tJ\ "'0 c: ct1 Q) (f) .... ct1 E X i 0 ~ r c... c... ct1 '5 C/) c: r:: 0 C/) +-' I c: Q) Q) Q) E -+- LO 0 C\J & 1 1 1:: &I C) .- 1 en ø C ø .... ~ ... Q) ø Q) t: 1.. - (.) LO .. r::: 0 ~ () ~ OL!)...... O°<D ......0...... , - ii! I-:-=------~~~ C'O C'O ,u·,r .r¡·,l .a¡a ---i IlJnm~ !# ) ! I ~ ¡ a. I ~¡ ¡ ~1 Ii i \1 ¡ ~ I ~ ,..~" 1: ~ ~i- : 'm i~ II~ II nl f r ~f ~ ~ ~ ! it! ~' ~llhJ ~ Q) ... :;, +-' (.) :;, ... +-' en en ~ C'> c I~ ~ .- - .- (L ,~ ; Q) +-' ~~ Q) "- ~~ ~i~ u ~ ~ c .. .... 0 \ ü ò ~ ... Q) 0. 0. :) "C o o 3: ... t/) C) c: .- - .- c. Q) ... Q) ... (.) c: o U J). ~I i( ht .".-''''"''"._--_...._.~.,.-. , ~ I 18 1 .- 1 ~ OLO...- OOCD 0...- ...-N...... o -0 ZNO "'-CD E ï:::: ...- Q) c.. Q) ~«C) rn rn 1:1 !l.. c Q) C) « CD r ~ CU i E ~ ·x CD CD 0 '+- ~ 0... "'Ï" 's 0... ,..- tn Cd 1 a: ¡.. 00 Q) c 0. 0 0. "00 :J c "C CD i E 0 .- 0 0 ~ ~3: CD 1 CD -"c '+- ca... ~ ~ -- iI "C == ,..- ¡.. tn 1 1 caD) o c: 01:= .- ëtSo.. ~ :J Q) ~ CD ...... CD 0.Q) '+- ~ (1) ¡.. .. L() o 0 c: c: ,..- o 0 ,..- 00 <J) +-" <J) lo.- U c: o u ,,-\ c cÖ (f) ~ ~ ;:: . r., o ~. ti f,.,) ! OLO~ 0°<0 ~O~ .N_ o _0 ZN~ ~<O E:¡::~ 2 c.. Q) --<0) co co -g a.. Q) }f ::J 0 C') ~ c i .- .:::s::. "- c c 0 Q) '+- ro +-' 'i en ..c: .- ~ r- ....J (J) C o :¡::;-c CJ) c: CD co ::J o ('-. en +-' C Q) E E o Ü Ii i ¡ ~ ! EXECUTIVE SUMMARY Agenda Item No. 10E April 12. 2005 Page 1 of 3 ",,,,,-. Reeommendadon to approve a budget amendmeat providing 52,468,178 in additional FY 05 Funding to the Collier County Sheriff's Office OBJECI1VE: To resolve the Sheriff's FY 05 budget appeal by providing additional funds for Sheriff operations in FY 05. CONSIDERATIONS: Following budget reductions made at the final FY 05 budget public hearing, the Collier County Sheriff's Office made the decision to appeal the level of funding provided by the Board of County Commissioners for the operation of the Sheriff's Office in Fiscal Year 2005. The appeal process is lengthy and settlement of the funding dispute between the parties is encouraged, thereby eliminating the need for the Governor and Cabinet to impose a binding decision on a local elected body relative to the appropriate level of funding for law enforcement. To that end, the Sheritrs Office and the County Manager's Office have negotiated a settlement agreement regarding FY 05 funding levels for the Sheriff's Office. The total amount of additional funding to be provided to the Sheriff's Office amounts to $2,468,178 and consists of four components. (See table below). - FEMA (Sheriff) FEMA (General Fund) DJJ Impact Fee Capital Total $1,090,751 $1,385,113 $1,425,900 $931,000 Sheriff Proportionate Share (3'.8%) $431,937 $540,585 $584,656 $931,000 $2.468,178 The first three components include the Sheriff's proportionate share of: FEMA reimbursement claims for hurricane expenses incurred by the Sheriff's Office and by Board departments, and the Department of Juvenile Justice funding (unfunded mandate) that is no longer required in FY OS due to a favorable court ruling in favor of Florida counties. The fourth component is the Board's commitment to fund trom General Fund reserves $931,000 in capital equipment associated with growth-related positions included in the Sheriff's adopted FY OS budget. During the FY 05 budget process this capital equipment was removed trom the Sheriff's operating budget assuming a law enforcement impact fee would be implemented. Should a law enforcement impact fee be adopted later in this fiscal year, the General Fund loan would be reimbursed, (to the extent possible based on actual impact fee collections) for the $931,000 in capital equipment. Disbursement of additional funds to the Sheriff will be as noted below. The total funds to be provided to the Sheriff ftom FEMA and the DIJ source amountto $1,537,178. The Sheriff already received a FEMA reimbursement check for $1,090,751. The balance of funding for the Sheriff &om FEMA and the Dl1 allocation amounts to $446,427. Finally, the remaining balance 0£$931,ooo for growth-related capital equipment wiUbe provided through a General Fund loan (to be repaid with proceeds from a law enforcement impact fee). The General Fund would have to absorb the $931,000 reserve reduction if a law enforcement impact fee is not enacted. .,.,-'" Agenda Item No. 10E April 12. 2005 . Page 2 of 3 This budget amendment does not change the amount budgeted for the Shcnffs FY 2005 reserves and these reserves will remain subject to use by the Sheriff in accordance with applieable law. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. FISCAL IMPACf: Approval of this Executive Swnmary will provide an additional $2,468,178 for Sheriff's operations in FY 05. RECOMMENDATION: That the Board of County Commissioners approves approve a budget amendment providing $2,468,178 in additional FY OS Funding to the Collier County Sheriff's Office. Prepared by: Michael Smykowski, OMB Director Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No. 1 DE April 12, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E To resolve the Sheriff's FY05 budget appeal by providing the Sheriff his fair share of the funds from recent reimbursements from FEMA and the Department of Juvenile Justice for Sheriff operations 111 FY05. (Mike Smykowski, Director, Office of Management and Budget) 4/12/20059:00:00 AM Management & Budget Director Date Office of Management & Budget 4/5/2005 11 :02 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/6/2005 3:55 PM to ;:: 4ft z./rf5 EXECUTIVE SUMMARY Recommendation to approve, and authorize the Chairman to sign: (1) an Interlocal Agreement with The Board of Supervisors of the Ave Maria Stewardship Community District, whereby Collier County agrees to reserve to the District sufficient capacity on Collier County's road public facilities to complete the build out of the Town of Ave Maria, and (2) a Developer Contribution Agreement with Ave Maria Development LLLP, wherein the County has agreed to accelerate the widening of Oil Well Road from Immokalee Road to Camp Keais Road, in exchange for the donation of an estimated $7,800,000 in right of way and other substantial considerations. OBJECTIVE: To obtain BCC approval of (1) an Interlocal Agreement with The Board of Supervisors of the Ave Maria Stewardship Community District ("District"), whereby Collier County agrees to reserve to the District sufficient capacity on Collier County's road public facilities to complete the build out of the Town of Ave Maria, and (2) a Developer Contribution Agreement with Ave Maria Development LLLP ("Developer"), wherein the County has agreed to accelerate the widening of Oil Well Road from Immokalee Road to Camp Keais Road in exchange for the donation by the Developer of an estimated $7,800,000 in right of way and other substantial considerations. CONSIDERATIONS: As set forth in the February 2005 Recommendations of the Southwest Florida Regional Planning Council Development of Regional Impact Assessment for the "Town of Ave Maria," DRI #07-0304-167 and proposed DRI Development Order, there is to be created the 4,995 acre Town of Ave Maria, to be located just north of Oil Well Road and adjacent to Camp Keais, which proposed Town at build out will include 11,000 residential units, 690,000 gross square feet of retail/service, 510,000 square feet of office, 400 hotel rooms, 6,000-student university, 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K-8 school and a K-12 private school, with a proposed build out to be completed in two 5-year phases with construction anticipated to commence in 2006, and continue through 2016. For this development to be built out, substantial road improvements are required, including four lane improvements to Oil Well Road between Immokalee Road and Camp Keais Road (the "Project"). In addition, given the extended time frame for the build out, transportation concurrency for this corridor needs to be reserved so that the entire University Town can be completed. To accomplish this goal, staff has negotiated two agreements. The first agreement is an interlocal agreement with the District, wherein the County has agreed to reserve to the District sufficient capacity on Collier County's road public facilities to complete the build out of the Town of Ave Maria. It is understood that the Town of Ave Maria will be built in phases. As each final local development order is issued for each phase, a certificate of public facility adequacy will be issued, and transportation impact fees paid, in the manner then set forth in the Collier County Land Development Code, and the reservation of such capacity to the District of road public facilities will be reduced by a like amount. Each loF ~(r2{05 time a final local development order is sought for a project within the District, County may request that the District provide the County with written assurance that such final local development order sought confonns to the Final Development Order. To ensure that this road concurrency is not tied up indefinitely, following the seventh anniversary date of approval of the final DRI Development Order, County shall conduct a review of perfonnance under this Agreement to detennine whether or not there has been demonstrated good faith compliance with the tenns of this Agreement and that the project is proceeding in a timely manner to build out. If the Collier County Board of Commissioners finds, after consultation with the District, on the basis of substantial competent evidence, that there has been a failure to comply with the tenns of this Agreement, or that the construction of the Town of Ave Maria is not proceeding in a substantially timely manner to build out, the Agreement may be modified or tenninated by agreement of the parties. Upon tennination of this Agreement, any unused capacity reserved on Oil Well Road will be released, and made available for other development in the area, with future development of the Town of Ave Maria on an equal footing with all other development as to compliance with the County's concurrency requirements. The second agreement is with the Developer. To accelerate these improvements to Oil Well Road and to facilitate the multi-Ianing of Camp Keais Road to Immokalee Road, the Developer has agreed to donate free of charge to the County an estimated $7,800,000 in land to create a 200 foot right of way along Immokalee Road, Oil Well Road and Camp Keais Road within the District. The Donated Land encompasses approximately 150 acres. In addition to the Donated Land, for the purpose of providing sufficient stonn water drainage for these road segments, the Developer has agreed it shall freely provide, at no cost to the County and without any impact fee credits, (1) at least 3 acres of suitable land per mile of road, or (2) will accept such stonn water into existing Developer-owned or controlled stonn water systems, or (3) a proportionate combination of the above. In addition, Developer has agreed to provide, at cost to the County, without any impact fees credits, the necessary fill for the Project and for the future four laning of Camp Keais Road from Oil Well Road to Immokalee Road and Immokalee Road north of Camp Keais Road to the urban area of Immokalee (together referred to as the "Road Segments). Cost shall include all actual extraction costs of the fill, plus the County's proportionate share of all pennit fees incurred by Developer in developing the site for mining the fill. Lastly, Developer has agreed to design and pennit the four laning of a section of Oil Well Road from Immokalee Road to Camp Keais Road for approximately $6,000,000 in impact fee credits. The County presently intends to build the Project in three sections, paying for the construction of the entire Project through the collection of Road Impact Fees, as outlined in Section 9 of the attached Developer's Contribution Agreement. The road will be constructed in three (3) phases as set forth below: First Phase - Immokalee Road to Everglades Blvd. Second Phase - Camp Keais Road to Camp Keais Strand Third Phase - Completion of the Project loF 4/lzlo5 FISCAL IMPACT: The fiscal impact is summarized below by category: Right-of-Way - Developer to provide ftee of charge a 200' right-of-way (current estimated value of $7,800,000) along Oil Well Road, lmmokalee Road, and Camp Keais Road within the boundaries of the district. County is responsible for any title work and searches and for costs of recordation of the deeds. Developer is responsible for all costs to promptly removing or curing any liens, encumbrances, or deficiencies revealed in the title work. Traffic Signals - Developer shall fully pay for the capital costs of traffic signals at any access point rrom the Town of Ave Maria on Oil Well or Camp Keais Roads when deemed warranted by the Collier County Transportation Department. The signals will be owned, operated and maintained by Collier County. Storm water Drainage - For the purpose of providing sufficient Storm water for these road segments, the Developer shall provide ftee of charge and without any impact fee credits, (1) at least 3 acres of suitable land per mile of road, or (2) will accept such Storm water into existing Developer-owned or controlled storm water systems, or (3) a proportionate combination of the above. Fill- Developer will provide at cost to the County, without any impact fee credits, the necessary fill for the Project and for the future four/six-laning of Camp Keais Road ftom Oil Well Road to lmmokalee Road and lmmokalee Road north of Camp Keais Road to the urban area ofImmokalee (together referred to as road segments). Cost shall include all actual extraction costs of the fill, plus the County's proportionate share of all permit fees incurred by Developer in developing the site for mining the fill. Design/Permitting - Developer has agreed to pay for the cost of design and permitting for the project estimated at $6,000,000 in exchange for road impact fee credits. Road Construction - County to pay for all costs of road construction (to be constructed in three sections) through the collection of road impact fees. The estimated timetable and cost of construction and construction engineering and inspection services (CEI) is noted below: Year Calendar Year 2007 Calendar Year 2007 Calendar Year 2010 Roadwav Se2ment lmmokalee Road to Everglades Boulevard Section of Project within the district Remaining middle section of road Total Estimated Cost $10,400,000 $18,400,000 $24,150,000 $52,950,000 IOF ~/(z.{05 Projected impact fees from the Ave Maria development by fiscal year are as follows: Fiscal Year FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Total Amount $3,193,827 $2,962,686 $4,644,090 $5,150,580 $5,697,616 $6,535,440 $6,254,130 $6,640,176 $6,757,336 $6,522,720 $6,813,920 $1,341,450 $62,513,971 GROWTH MANAGEMENT IMPACT: The development of Oil Well Road IS consistent with the MPO long-range transportation plan. RECOMMENDATION: That the BCC approve, and authorize its Chainnan to sign, the 1) the Interlocal Agreement with The Board of Supervisors of the Ave Maria Stewardship Community District, (2) the Developer Contribution Agreement with Ave Maria Development LLLP, copies of which are attached. PREPARED BY: Jeffrey A. Klatzkow, Assistant County Attorney 05-MGR-00054/4 ~. ·_".,~~"'~_,._~._~~w ._ ----~. BOARD OF TRUSTEES Bob Thoma.~ Chairman of the Board Thómas S. Monaghan ChcmceUor Nicholas J. Healy. Jr. President Fr. Joseph Fellio, S.J. Prowst Paul Roney Chief FiI1andal Officer Bernard Dobranski John Donahue Mark Follett Richard M. Gabrys Prof. Mary Ann Glendon Fr. Benedict Groesche1, CFR Paul M. Henkels Magr. Laurence E.. Higgins Helen Hun Hitchcock JaDIeS A. Holman Glory SuUivan ECCLES1AL ADVISORS / Francis Cardinal Arin:e Marc Cardinal Ouellet George Cardinal PeU Christopb Cardinal SchÖnbom J. Francia Catdinal Stafford Biahop John J. Nevina \0 r: 4!,z.{o5 AVE MAmA UNIVERSITY ,,,' "_~_.'.._,,,,,<,,,,,,,,_,,,.·<"·,,"_....w..,·~_.·,,,,,,.-, ..<'_",...._,_.____._.-..-.'''......._..>. ,~.., l025Commons Circle, Naples. FL 34119-1376 239-280-2501 tel 23~352·2392 fax April 6, 2005 Mr. James V. Mudd Collier County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Dear Mr. Mudd: Weare writing at your request to confirm the plans of Ave Maria UIÙversity as it relates to the operation of the University at the Town of Ave Maria for purposes of evaluating a Developer Contribution Agreement between Ave Maria Development, LLLP and Collier County. Ave Maria University is committed to building a campus at the Town of Ave Maria in accordance with the plans previously submitted to the County. "' The first phase of the Campus will handle approximatelý',?OOfi1l1 time equivalent students. The timing of the completion of the first phase is contingent on the timely resolution and approval of the zoning and pennitting activities for the University and adjoining Town. AU actions necessary to complete the first phase of development for the University have been approved by the Board of Trustees for Ave Maria University. Vcry Truly '{ours, " Nícholas J. Healy. Jr. President . ,,~ ....-...........,;/' / \ ! ,-) /.4 ! ! tL'Vv<--~,41 /I¿t-£"1.-'_~C"th"'-- Thomas S. l\1onaghan l" Chancel lor www.avemaria.edu . . IOF l{ If zJ rf.) DEVELOPER CONTRIBUTION AGREEMENT A VE MARIA THIS DEVELOPER CONTRlBUTION AGREEMENT ("Agreement") is made and entered into this day of April, 2005, by and between AVE MARIA DEVELOPMENT, LLLP, a limited liability Florida Limited Partnership, fonnerly known as New Town Development, LLLP ("Developer") whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, ("County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended. R E C I TAL S: WHEREAS, the Ave Maria Stewardship Community District ("District") was created and established on April 23, 2004, by Act passed by the House of Representatives House Bi111625, effective June 17,2004; and WHEREAS, within the boundaries of the District, Barron Collier Company has made available approximately 905 acres to the Ave Maria University, Inc. for the institution and operation of a private university known as Ave Maria University with a full slate of undergraduate, graduate, and professional programs with related cultural, recreational, and other activities, benefits and programs for providing teaching, research, and public services to southwest Florida, the State of Florida, and the Nation; and WHEREAS, as set forth in the February 2005 Recommendations of the Southwest Florida Regional Planning Council Development of Regional Impact Assessment for the "Town of Ave Maria," DR! #07-0304-167, there is to be created the 4,995-acre Town of Ave Maria, to be located just north of Oil Well Road and adjacent to Camp Keais, which proposed Town at buildout will include 11,000 residential units, 690,000 gross square feet of retail/service, 510,000 square feet of office, 400 hotel rooms, a 6,000-student university, 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K-8 school and a K-l2 private school, with a proposed buildout to be completed in two 5-year phases with construction anticipated to commence in 2006, and continue through 2016; and WHEREAS, for this development to proceed, substantial road improvements are required, including the urban four laning of Oil Well Road, with provision for future six laning, between Immokalee Road and Camp Keais Road (the "Project"); and WHEREAS, to accelerate these improvements and to facilitate the future four 1arring of Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban area of Immokalee, Developer has agreed: (1) to donate certain right-of-way and other consideration; (2) to fund the cost of designing and permitting the section of Oil Well Road from Immokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) to provide :fillsto the County at its cost, all of which will be of significant benefit to the County's transportation network; and Page 1 of8 IO~ 4/rz/o5 WHEREAS, in addition to the donation of right-of-way and impact fee credits resulting from the advancement of design and construction of an Oil Well Road segment, the developer wil1 be paying in excess of Sixty Million ($60,000,000) dollars in road impact fees to pay for the construction of the additional capacity being provided by the widening of Oil Well Road and other roadways within the area; and WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163- 3l77(ll)(d) Florida Statutes (2004); the RLSA program being an innovative and incentive based program for planning, protection of natural resources, and development in the rural area of Collier County, and WHEREAS, the "RLSA" program has significant public benefits for Collier County and the Irnrnokalee area; and WHEREAS, the Immokalee area and its economic development will greatly benefit from the proposed road improvements to Oil Well Road, Camp Keais Road, and Imrnokalee Road contemplated hereby; WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the plan for donation as set forth in this Agreement ("Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network and that it will be advantageous to the public for Developer to donate and contribute the right-of-way described herein; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to ITustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with both the public interest and with the County's existing Comprehensive Plan; d. Except for the right-of-way donation for which impact fee credits are waived, the proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital improvement program for the County's transportation system and park system; and WHEREAS, Developer has paid the Two Thousand Five Hundred Dol1ars ($2,500.00) application fee for this Agreement: Page 2 of8 loF 4frzJD5 WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained above and herein, and the fact that all of the above recitals are true and correct and shall be fully incorporated herein and form part of the basis for this Agreement, the parties agree as follows: 1. Within 90 days ITom the effective date of this Agreement, Developer will convey the right-of-way legally described and graphically depicted in Composite Exhibit "A" ("Donated Land") to the County for the widening of the road segments. This conveyance shall be at no cost to the County. The Donated Land will be sufficient to provide a two hundred (200') foot wide corridor for said road segments and will allow reconfiguration of the intersection of the Camp Keais and Immokalee Roads. Developer shall convey the Donated Land to the County in fee simple, rree and clear of all liens and encumbrances, by statutory warranty deed, the form of which is attached hereto as Exhibit "B". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Developer will promptly provide the Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County shall record the deed in the Public Records of the County. The Developer shall assume all costs associated with the recordation of the deeds. Once Camp Keais Road between Immokalee Road and Oil Well Road has been improved and the intersection of Camp Keais Road and Immokalee Road reconfigured in six lane configuration, County agrees to abandon any existing right-of-way of the now existing Camp Keais Road and Immokalee Road that will not be utilized in the reconfigured Camp Keais Road in the vicinity of said intersection. 2. The Donated Land encompasses approximately 156 acres, (approximately 13 miles of road ITontage) whose purpose includes creating a 200-foot right-of-way along Oil Well Road, Camp Keais Road and Immokalee Road north of the intersection of Camp Keais Road into the hnmokalee urban area. Developer estimates the estimated current value of the road segments right-of-way donation at seven million, eight hundred thousand ($7,800,000) dollars. In addition to the Donated Land, for the purpose of providing sufficient stonnwater drainage for the portion of the road segments adjoining the Donated Land, the Developer shall rreely provide, at no cost to the County and without any impact fee credits, (1) at least 3 acres of suitable land per mile of road, or (2) will accept such storrnwater into existing Developer-owned or controlled storrnwater systems, or (3) a proportionate combination of the above at Developer's option. It is estimated that if the County had to mitigate storrnwater for said road adjacent to the Donated Land, it would be required to acquire approximately 33 acres. Developer estimates the cost savings to the County of said stonnwater mitigation to be approximately $1,500,000. The parties acknowledge that the conveyance of the Donated Land is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 3. The Developer shall fully pay for the capital costs of traffic signals at any access point from the Town of Ave Maria on Oil Well or Camp Keais Roads when deemed warranted Page 3 of8 lOr: 4(rzJ 05 by the Collier County Transportation Department. The signals win be owned, operated and maintained by Collier County. 4. The parties acknowledge that the land donation made pursuant to this Developer Contribution Agreement is an integral part of and a necessary accommodation to the Collier County transportation network. 5. The Developer has agreed not to receive impact fee credits from its donation of the Donated Land, but is utilizing the donation, as wen as the stormwater accommodation, the Fill and Design and Permitting as a pipelining effort to mitigate the impacts of the Town of Ave Maria on the transportation network impacted by the Town of Ave Maria, together with the other commitments herein. 6. Prior to providing the executed deed, Developer will provide attorneys' opinions identifying the record owners of the Donated Land, setting forth the authority of the record owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on the Donated Land. The opinion will specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. The attorneys' opinions will also set forth the legal authority of Paul Marinelli to execute this Agreement on behalf of the Developer. 7. Developer has agreed to provide, at its cost to the County, without any impact fees credits, sufficient fill for the Project and for the future urban design four laning of Camp Keais Road with provision for six laning, from Oil Well Road to Immokalee Road, upon the following terms and conditions. Developer has identified a site adjacent to Oil Well Road that would be an appropriate site from which to obtain the necessary fill for the Project; the site being described and depicted in Composite Exhibit "C". Developer will file a conditional use application for earth mining on the site. Once the conditional use application is granted, Developer will provide fill on the site for reimbursement of its cost. Cost shall include the costs of obtaining conditional use approval, permitting, mining, stockpiling and loading of the fill material. Fill for the improvements to Camp Keais Road will be provided from an expansion of the site identified in Composite Exhibit "C" or from another location fairly proximate to Camp Keais Road, subject to conditional use approval for either alternative. Developer estimates the cost savings to the County from this provision is approximately $10 million. This commitment shall expire if the Town of Ave Maria achieves buildout prior to the expansion of Camp Keais Road. 8. In order to accelerate the Project, Developer has agreed to pay for the cost of design and permitting for the Project, which is estimated to be six million ($6,000,000) dollars, which amounts shall be eligible for transportation impact fees as set forth below. Any mitigation shall be part of the construction contract and not part of design and permitting. Developer will provide County with a set of Design Plans which must meet the County's standard requirements for design plans. County will be provided with 30/60/901100% plans for review, and shall have the right to require public meetings for the 30/60/90% plans. All plans are subject to approval by the County, which approval shall not be unreasonably withheld or delayed. Upon receipt of the final Design Plans, County will competitively bid out the Project. Page 4 of8 loF 4/r2.(05 9. Once the County has received final Design Plans and all necessary pennits pursuant to paragraph 8 hereof, County agrees to bid and award a contract to construct the Project as soon as practicable, but within six (6) months, assuming no bid protest and absent force majeur. The contract shall provide for the Project to be constructed in three phases as set forth below. The County commits that construction of the First and Second Phase will commence within a commercially reasonably time after award of the contract. (a) First Phase - Immokalee Road to Everglades Blvd, more or less (b) Second Phase - Camp Keais Road to Camp Keais Strand, more or less (c) Third Phase - completion of the Project The Developer commits that its road impact fees through 2007 will equal $6,500,000. After the payment of $6,500,000 of road impact fees, Developer may utilize impact fee credits for 50% of road impact fees due from that date until all credits are utilized. The County commits to construct the Third Phase upon sufficient impact fees from the applicable Impact Fee Districts being available for said construction. All road impact fees from District 5 and adjoining Impact Fee Districts shall be prioritized for the Project after the necessary funds to complete the existing Immokalee Road project. The County, in good faith, commits to complete construction of the Project by 2010, subject to its road impact fee structure remaining substantially intact, receipt of sufficient road impact fees, and delays caused by matters typically considered to be force majeur. 10. The parties are hopeful of obtaining funds from the State of Florida to assist with improvements to the Road Segments, whether in the fonn of grants or loans from the State Infrastructure Bank. Developer agrees to assist County in developing grant and loan applications and to use all reasonable efforts to obtain State funding to assist in paying for improvements to the Road Segments. 11. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 12. The credit for the Road Impact Fees identified in this Agreement shall run with the land identified in Exhibit "D" and shall be reduced by the entire amount of the Impact Fee for that Public Facility due for each Building Pennit issued thereon until the Development project is either completed or the credits are exhausted or are no longer available, or have been assigned by operation of or pursuant to an assignment agreement with the County. The foregoing reduction in the Impact Fee credit shall be calculated based on the amount of the Impact Fees for that Public Facility in effect at the time the Building Pennit is applied for. The credit shall specify the specific type of Public Facility Impact Fee to which it shall apply (roads) and shall not apply to any other type of Public Facility Impact Fee. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 13. The amount of road impact fee credits to be granted under this Agreement is approximately SIX MILLION DOLLARS ($6,000,000). Attached hereto as Exhibit "E", in recognition of the developer contribution herein, is a copy of the Impact Fee Ledger setting forth Page 5 of8 IO~ L{/r2./c£ the amount of Road Impact Fee Credits granted pursuant to this Agreement, which will be adjusted based on final costs for design and permitting. 14. Developer acknowledges that the failure of this Agreement to address any pennit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said pennitting requirements, conditions, tenns or restrictions. 15. The tenns of this Agreement are intended, along with the payment of all applicable impact fees, to meet the requirements of Section 9J 2.045, Florida Administrative Code, including fulfilling the Developer's proportionate share obligation and providing full mitigation for the Town of Ave Maria impacts on the regional road network. Developer's commitments herein include "Pipelining" the construction of a critical link in the County's road network; and providing additional cost saving benefits to future road segments impacted by the Town of Ave Maria. 16. The pipelining option is an approved fonn of mitigation which provides for the aggregation of a project's incremental impacts on a number of roadways, resulting in an improvement on one ( or more) of the impacted roadways. This concept allows for the provision of roadway capacity, when it might not otherwise be provided. Through pipelining, a roadway improvement is constructed, building the capacity needed to maintain concurrency. In order to facilitate the use of the pipelining option that in this case causes a major roadway improvement to be constructed in advance of the Project's impacts, and in order to ensure a consistent road impact fee revenue stream, the County is entering into an Interlocal Agreement with the Ave Maria Stewardship Community District ("District") whereby the County will reserve to the District sufficient capacity on the County's road public facilities to complete the buildout of the Town of Ave Maria. 17. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the tenns of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 18. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 19. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to Developer upon request. 20. In the event of a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the tenns of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. Page 6 of8 lo¡: 4{rzJc& 21. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 22. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 23. This Agreement and the commitments herein shall become effective when the DRI Development Order, SRA designation for the Town of Ave Maria and Anny Corps of Engineers permit for the Town of Ave Maria become final and effective. If the Town of Ave Maria DRI or SRA do not become final, or the ACOE permit for the Town of Ave Maria is not received and become effective before December 31, 2006, this Agreement and all obligations hereunder shall be null and void provided however, that Developer will retain the estimated $6,000,000 in impact fee credits received in exchange for the Design Plans and Permitting which impact fee credits may be utilized immediately. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, , Deputy Clerk By: FRED W. COYLE, Chainnan By: WITNESSES: AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership By: Barron Collier Corporation General Partner By: Print Name: Paul Marinelli Title: President Print Name: Page 7 of 8 'C" '.~.,~__""~~..,..~. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged , 2005, by Paul Marinelli, as Development, LLLP. He is [ ] personally known to me, or [ as identification. before me this day of of Ave Maria ] has produced driver's license no. NOTARY PUBLIC Name: (Type or Print) My Commission Expires: (SEAL) Approved as to fonn and legal sufficiency: Jefuey A. Klatzkow, Assistant County Attorney Page 8 of8 tof:' 4frz-fo5 -< ~ .. ~ .. .: ~ ~ (of: 4/rl/o5 A-I 4/f1/f15 IDF ,} ,<:J 21 ~ 22 V I} L43 INSET J S89-,u'22·W 40.00' :JOILt1".IQI)Ø' P.O.S. PARCEL " 3 .. 28 ::\ 27 PARCH 2 0.93 ACRES ± NOI'04'10"W 50.00' LlOC OIL WELL ROAD 100' RIGHT OF WAY LlOA LlOB P.O.C. S.E. CORNER SECT/ON 17 PARCH 2 II INSET 1 $Co4L(','.5ØO' 5 .. .. ~ JJ ~ ~ ........... 4. ŒImF1C:A'Tt or: AUTHOftIlAT1OÑ 'LI~.u ~. MSTWICTIONS AIC) RES£RYAT1ONS Of' ~. ~~C[l 0£SC1tIIItD . IN 50loI£ ~[A5 IMELS AIlE OIMm:O FÐII C\.NtIT't. .. sa: ATTACMEO FOIt LtoAL DtlCRll"TION P.O.B. PARCH 3 ,be \:) 'v~~ , SitOO'56'OO"W 421.47' P.O.C. PARCH 3 S.E. CORNER SECTION 16 TOWNSHIP 48 SOUTH RANGE 29 EAST 3!1¡þß TILLER, P.$.M, L.S. 5627 ----¡;¡rr- NOT VAllO U GONEO BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EI.tBOSSED SEAL. CERF'IF1CATE OF AUTHORIZATION , LB-<43 .. ... !:j ~ INSET 2 SCAlC"·5OO' S.L. QUARTfR SECTION t J L'2 OIL WELL ROAD 100' RIGHT OF WAY p.a.c. PARCEL J S.£. COffNER secrlON '6 TOWNSHIP 46 SOUTH RANGE 21 EAST IS££ INS£r 2) - NOT A SURVEY _ 18 17 PARCEL , IAV!: "ARIA UNIVERSITY UND TRUST. L.L.C.) 4r.4Ø ACRes * ~ -- Lr '-"IIISf _ .....,-. ..... -.- .~_ ~o...-. -... -.._'='"' ..:."C,=::...,-=--=--:o:--=:;;:.co:=___ UI~7 T""IUI.II._1II___ _"_,,,_tJ,__IIIIU!II.___ _,,_f,...._N.~......_...... _fl_" t" :!IC.ir i~",=4'--"~ ~/'tW.~ ~-) !:j .. L1I _._.__..._.~- b o o '- 9 w ;;! u '" PARCEL 9 1.43 ACRES ± (BCt) - I 60' R.O.W. PARCEL 8 3.77 ACRES ± (BCt) L77 G... () L76 STOCKADE ROAD 60' WIDE f- ~. ~ LINE TABLE :::c !1 ~o ~ .00 LINE BEARING DISTANCE - ~\Ö PARCEL 7 Cc: .ll) 2.88 ACRES ± L73 N89'56'24"W 100.00' oC\i 0- (BCt) L74 N89'46'56"[ 100.00' t/) L75 N89'52'21"[ 100.00' C) ~ L75 C) ~...... L76 N89'55 '5 1"[ 100.00' ;:--- ,0\ 'ltl ¡~ -=>- L77 N89"42'37"W 100.00' ...... Ii) 100.00' a 0_ L78 N89'53'56"W 01'<) L79 589'53'56"[ 100.00' 6 0- t/) L80 NOO'25'44"W 623.83' 16 Cc: 15 L81 589'53'56"[ 100.00' L82 500'25'44"[ 623.83' Lu PARCEL 6 Lu 9.05 ACRES ± -.J (SIL VER STRAND /It) ~ () ~ ~ - PARCEL 5 5.97 ACRES ± (SILVER STRAND 1/1) INFUTNrlDoø:a.w.sTHDtEOf',tØ.t$S 2. :rUM AND THE 0It1QIIrW.. IWSEO S\IIM'fOR,IM) 1MPII'Ot. [AlTLJNI:OP'"UCTIOH 1" H EAS'I'. COu.Ðt COUNTY. MIIIOA 4.~~Of'OO'~~~U . ~ . 1. .. SŒATTACt4(O fCMI LtOAI. OESCfIIII'I'ION 21 22 3/1/05 --oor- NOT VAll NL 5 SIGNEO BY THE SURVEYOR AND SEALED WITH HE SURVEYOR'S EMBOSSED SEAL CERFIFlCATE OF AU1HQRIZATION N LB-4J WI/s#IIMIllsr -- ---..... ---.~- ~~ ___ _;';::='~'"f....-_~_ _-..~__ _"=-..._ _____,..--..7M ___._ - NOT A SURVEY _ - .. ..~ 1mE' ILO.W. Cl( M11ON EXH8IT _.._(JI_t.J,-....__._ CPR 187 '05 _ør__....".,.¡........._._. _(JI_..,..,~"=.,__".".,... A-~ 101= t{/(Z(05 PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO. IOF ~(zJ05 WARRANTY DEED THIS WARRANTY DEED made this day of , 20_, by, (hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) By: [GRANTOR NAME] (Print Full Name) (Signature) (Print Full Name) ey~ i~\-\ ~ \! I tOI? «1/rz.{05 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , 20_, by [GRANTOR], who: day of is personally known to me OR has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # (if any): My Commission Expires: WITNESSES: By: (Signature) [GRANTOR NAME] (Print Full Name) (Signature) (Print Full Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , 20_, by [GRANTOR], who: day of is personally known to me OR has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # (if any): My Commission Expires: WARRANTY DEED ~ '-., --~.._.._~ P.O.C. S.W. COR SECTION 18 L...JL...J I I 0;)0) C\ C\ I I 0:::0::: vi vi I I 0;)0;) '<; - '<; - I I 1---11--- 1);2 I I l/)l/) NOI'03'32"W 150.00' 13 18 N88'56 28 E 589.02' L:S·I5627 J/B/05 ~ NOT VALlO UNLESS SIGNEO BY THE SURVEYOR ANO SEALED WITH THE SURVEYOR'S EMBOSSED SEAL CERFIFICATE OF AUTHORIZATION * LB-4J WII$Mlller """- ...... --- -..- ..................... ~~ ~.~. ,-_":-'=""=-~~J:::-~-=,,~_,_....... \.J \OÇ 4!tz.fc6 ZO(]; APR II PH 2: 46 b o '" '~ W ...J .. U If) 750.13' ,... I 150 300 GRAPHIC SCALE I .00 '.J- o " FUTURE r\lOPTH R. O. W. LINE OIL WELL ROAD EXISTING NORTH R.O.W. LINE OIL WELL ROAD OIL WELL ROAD 100' RIGHT OF WAY BEING HOImt 8I'S"~" PST. 4. CtltT1ncATt ~ AUTHQtIIZATIOH 'LØ-4J ~. AAO RtsERYAtlOHS or &. REDUCtO. ,. r THE PAlttEL ODCMHI> . IN SOWI: AREAS lAIns AM OWTTEO FOR CLARIN. I. SEE ATTACHEO fOfIIllON. OESCItIPTION ... NOT A SURVEY _ '""'-...--- OP 11".) O~ BONG .\ PARr PARf OF' SCCnON ,a roWH$HIP .fa sOt/rHo RANCE 2' £.\Sf. COW£R COOHT'r' F1.QrIIP/OoII þA\:i·Þ'¡T L lor 4 ((z{o5 Exhibit "f" SKETCH & DESCRIPTION FOR THE AVE MARIA DR! LANDS "". .::r,:'",:,',---"" " WiISÕfiMIIJèf® """"",""'"","' " New Directions In Planning, Dèsign & Engineering 4ft2f 05 - D.R.I. LANDS DESCRIPTION OF PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16: THENCE NORTH 01°04'07" WEST 150.00 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT- OF-WAY) SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID LINE SOUTH 88°57'06" WEST 354.33 FEET; THENCE LEAVING SAID LINE NORTH 01 °07'23" WEST 200.01 FEET TO A POINT ON A LINE LYING 300 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF SAID OIL WELL ROAD; THENCE ALONG SAID LINE SOUTH 88°57'05" WEST 2,215.48 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 88°55'37" WEST 1,128.15 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 89°32'56" WEST 1286.63FEET; THENCE LEAVING SAID LINE NORTH 00°27'04" WEST 1,089.55 FEET; THENCE SOUTH 89°32'56" WEST 242.19 FEET; THENCE SOUTH 89°24'19" WEST 3977.40 FEET; THENCE NORTH 00°01'40" EAST 1280.68 FEET; THENCE NORTH 90°00'00" EAST 1125.68 FEET; THENCE NORTH 00°19'38" WEST 520.46 FEET; THENCE NORTH 09°27'58" EAST 38.31 FEET; THENCE NORTH 14°56'15" EAST 32.59 FEET; THENCE NORTH 59°02'49" EAST 24.49 FEET; THENCE NORTH 68°12'25" EAST 33.93 FEET; THENCE NORTH 73°08'54" EAST 72.42 FEET; THENCE NORTH 69°14'09" EAST 65.14 FEET; THENCE NORTH 61°11'58" EAST 47.93 FEET; THENCE NORTH 56°44'10" EAST 80.38 FEET; THENCE NORTH 54°18'17" EAST 82.75 FEET; THENCE NORTH 51°34'19" EAST 552.31 FEET; THENCE NORTH 12°32'03" EAST 52.12 FEET; THENCE NORTH 16°41'34" WEST 780.99 FEET; THENCE NORTH 38°40'18" WEST 48.27 FEET; THENCE NORTH 55°58'45" WEST 175.13 FEET; THENCE NORTH 78°14'12" WEST 46.21 FEET; THENCE SOUTH 86°41'17" WEST 358.77 FEET; THENCE NORTH 43°16'35" WEST 44.00 FEET; THENCE NORTH 01°28'53" WEST 584.34 FEET; THENCE NORTH 88°45'30" EAST 2,256.99 FEET; THENCE NORTH 11°31'40" WEST 679.82 FEET; THENCE NORTH 29°57'19" EAST 43.24 FEET; THENCE NORTH 80°03'11" EAST 750.96 FEET; THENCE NORTH 82°05'14" EAST 23.32 FEET; THENCE NORTH 08°45'48" WEST 831.15 FEET; THENCE 82.76 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 128.55 FEET THROUGH A CENTRAL ANGLE OF 36°53'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23°30'23" EAST 81.34 FEET TO A POINT OF REVERSE CURVATURE; THENCE 149.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST, HAVING A RADIUS OF 215.80 FEET THROUGH A CENTRAL ANGLE OF 39°48'43" SUBTENDED BY A CHORD WHICH BEARS NORTH 22°02'37" EAST 146.95 FEET; THENCE NORTH 02°08'16" EAST 434.86 FEET; THENCE NORTH 38°40'13" EAST 124.61 FEET; THENCE NORTH 23°55'58" EAST 503.82 FEET; THENCE NORTH 89°19'06" EAST 272.53 FEET; THENCE NORTH 81°10'42" EAST 718.98 FEET; OffIces strategically located to serve our clients 800.649.4336 NapleS/Corporate Office 3200 Bailey Lane, Suite 200. Naples, Florida 34105 · 239.649.4040. Fax 239.643.5116 =005- 127230 Ver. 03!- BSTOCKHAM wllsonmlller. com 037B6-()()(}.()f)(). - 0 WilsonMilI8r./ne. - FL Lie.' LC-COOOI70 WilSÔnMiller~ ".. New Directions In Planning, Design & Engineering ~DF 4/rzfö5 DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A" - D.R.i. LANDS (CONTINUED): THENCE NORTH 09°56'39" EAST 638.73 FEET; THENCE NORTH 73°36'58" EAST 172.46 FEET; THENCE NORTH 10°53'22" EAST 171.73 FEET; THENCE 327.51 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 275.44 FEET THROUGH A CENTRAL ANGLE OF 68°07'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39"53'35" WEST 308.GO FEET; THENCE NORTH 73°57'24" WEST 492.85 FEET; THENCE 313.21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 331.73 FEET THROUGH A CENTRAL ANGLE OF 54°05'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 90°00'00" WEST 301.71 FEET; THENCE SOUTH 62°57'04" WEST 506.32 FEET; THENCE 155.39 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 107.24 FEET THROUGH A CENTRAL ANGLE OF 83°01'31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 2r09'30" WEST 142.15 FEET; THENCE SOUTH 14°21'16" EAST 287.88 FEET; THENCE 341.14 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 168.89 FEET THROUGH A CENTRAL ANGLE OF 115°44'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29°11 '23" WEST 286.03 FEET; THENCE SOUTH 8r03'24" WEST 81.50 FEET; THENCE SOUTH 19°06'00" WEST 178.46 FEET; THENCE SOUTH 73°34'35" WEST 263.81 FEET; THENCE SOUTH 33°42'00" WEST 81.86 FEET; TH ENCE SOUTH 51 °52'05" WEST 1,402.28 FEET; THENCE 219.21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 151.50 FEET THROUGH A CENTRAL ANGLE OF 82°54'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22°50'28" WEST 200.58 FEET; THENCE SOUTH 18°36'35" EAST 1,047.10 FEET; THENCE 196.86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 170.73 FEET THROUGH A CENTRAL ANGLE OF 66°04'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48°32'34" EAST 186.14 FEET; THENCE SOUTH 81°34'34" EAST 177.10 FEET; THENCE SOUTH 14°02'28" EAST 106.97 FEET; THENCE SOUTH 15°53'24" WEST 33.42 FEET; THENCE SOUTH 72°18'08" WEST 1325.01 FEET; THENCE NORTH 16°22'40" WEST 868.64 FEET; THENCE NORTH 16°02'21"WEST 1,001.63 FEET; THENCE NORTH 15°43'23" WEST 808.63 FEET; THENCE NORTH 14°29'42" WEST 215.30 FEET; THENCE NORTH 02°51'21" WEST 51.77 FEET; THENCE NORTH 3r59'19" EAST 51.77 FEET; THENCE NORTH 58°24'39" EAST 660.90 FEET; THENCE NORTH 56°56'25" EAST 865.77 FEET; THENCE NORTH 62°27'21" EAST 303.89 FEET; THENCE NORTH 58°11'43" EAST 148.88 FEET; THENCE NORTH 66°27'20" EAST 99.67 FEET; THENCE NORTH 79°59'44" EAST 60.67 FEET; THENCE NORTH 18°39'40" EAST 212.96 FEET; THENCE NORTH 13°26'09" EAST 80.67 FEET; THENCE NORTH 04°05'14" EAST 65.75 FEET; THENCE NORTH 00°47'28" EAST 593.12 FEET; THENCE NORTH 05°29'40" EAST 61.18 FEET; THENCE NORTH 20°17'22" EAST 57.43 FEET; THENCE NORTH 51°55'17" EAST 55.07 FEET; THENCE SOUTH 84°48'27" EAST 51.76 FEET; THENCE SOUTH 6r53'53" EAST 40.46 FEET; THENCE SOUTH 53°37'33" EAST 55.29 FEET; 2/25/2005- 127230 Ver. 03!- BSTOCKHAM CM43 03786-000-000- . 0 2 WilSÔnMille,· ,.. New Directions In Planning, Design & Engineering loF ttflzl oS DESCRIPTION OF PART OF SECTION 4 THROUGH 9.16 AND 17. TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A" - D.R.I. LANDS (CONTINUED): THENCE SOUTH 55'37'37" EAST 158.19 FEET; THENCE SOUTH 66'28'32" EAST 79.22 FEET; THENCE SOUTH 81'19'48" EAST 69.92 FEET; THENCE NORTH 80'53'08" EAST 96.10 FEET; THENCE NORTH 83'09'35" EAST 88.49 FEET; THENCE SOUTH n¡°!58'08" EAST 57.96 FEET, THENCE SOUTH 45'44'09" EAST 65.43 FEET; THENCE SOUTH 23'12'23" EAST 107.03 FEET; THENCE SOUTH 31'09'29" EAST 124.53 FEET; THENCE SOUTH 36'28'03" EAST 195.13 FEET; THENCE SOUTH 41'49'01" EAST 193.27 FEET; THENCE SOUTH 41'27'57" EAST 187.53 FEET; THENCE SOUTH 50'06'28" EAST 177.12 FEET; THENCE NORTH 86°06'03" EAST 103.33 FEET; THENCE NORTH 82°07'11" EAST 76.87 FEET; THENCE NORTH 58°49'02" EAST 61.16 FEET; THENCE NORTH 41 °11 '1 0" EAST 266.09 FEET; THENCE NORTH 43°45'15" EAST 203.61 FEET; THENCE NORTH 63°26'06" EAST 230.87 FEET; THENCE NORTH 55°12'54" EAST 17.74 FEET; THENCE NORTH 06'58'17" WEST 40.07 FEET; THENCE NORTH 60'20'46" EAST 94.06 FEET; THENCE NORTH 14'42'46" EAST 42.02 FEET; THENCE NORTH 52'22'08" EAST 29.10 FEET; THENCE NORTH 05'13'18" EAST 37.01 FEET; THENCE NORTH 07"13'16" WEST 185.10 FEET; THENCE NORTH 08'55'50" WEST 66.36 FEET; THENCE NORTH 08'35'26" WEST 70.11 FEET; THENCE NORTH 03°30'28" EAST 24.24 FEET; THENCE NORTH 09°22'28" EAST 32.62 FEET; THENCE NORTH 32°03'11" EAST 61.35 FEET; THENCE NORTH 41'59'52" EAST 54.16 FEET; THENCE NORTH 46°38'59" EAST 44.15 FEET; THENCE NORTH 40°19'34" EAST 80.40 FEET; THENCE NORTH 39°30'46" EAST 42.43 FEET; THENCE NORTH 52'07'39" EAST 71.16 FEET; THENCE NORTH 60'17'11" EAST 55.95 FEET; THENCE NORTH 68'43'34" EAST 63.02 FEET; THENCE NORTH 86'12'19" EAST 41.51 FEET; THENCE SOUTH 75°32'58" EAST 74.98 FEET; THENCE NORTH 78°55'50" EAST 42.97 FEET; THENCE NORTH 69°31'07" EAST 36.80 FEET; THENCE NORTH 75°37'20" EAST 34.34 FEET; THENCE SOUTH 72°08'39" EAST 57.43 FEET; THENCE SOUTH 56°52'50" EAST 70.22 FEET; THENCE SOUTH 56°52'18" EAST 99.31 FEET; THENCE SOUTH 70°35'59" EAST 56.76 FEET; THENCE SOUTH 85°12'15" EAST 70.23 FEET; THENCE NORTH 85'47'37" EAST 52.90 FEET; THENCE NORTH 77'16'18" EAST 51.33 FEET; THENCE NORTH 64°20'23" EAST 9.49 FEET; THENCE NORTH 23°58'25" EAST 60.47 FEET; THENCE NORTH 39°27'42" EAST 136.06 FEET; THENCE NORTH 18°12'03" EAST 123.70 FEET; THENCE NORTH 16'26'30" WEST 137.54 FEET; THENCE NORTH 45°55'34" WEST 133.51 FEET; 212512005- 127230 Ver. 031- BSTOCKHAM CMQ 03786-0<J0.0<J0. - 0 3 Wi/SÔaMi//e,· ,... New Directions In Planning, Design & Engineering loF ~kz.roS DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A" - D.R.L LANDS (CONTINUED): THENCE NORTH 84°43'21" WEST 101.26 FEET; THENCE SOUTH 87°06'53" WEST 375.05 FEET; THENCE SOUTH 86°31'55" WEST 296.36 FEET; THENCE NORTH 02°29'11" WEST 25.06 FEET; THENCE SOUTH 85°19'00" WEST 63.79 FEET; THENCE SOUTH 87"01'35" WEST 57.73 FEET, THENCE NORTH 85°14'11" WEST 27.05 FEET; THENCE NORTH 86°11'09" WEST 22.51 FEET; THENCE NORTH 71°01'47" WEST 25.34 FEET; THENCE NORTH 74°57'44" WEST 25.97 FEET; THENCE NORTH 80°42'24" WEST 41.73 FEET; THENCE NORTH 77°00'19" WEST 49.95 FEET; THENCE NORTH 78°26'56" WEST 104.70 FEET; THENCE NORTH 78°45'16" WEST 195.82 FEET; THENCE NORTH 79°21'51" WEST 81.14 FEET; THENCE NORTH 76°30'15" WEST 38.50 FEET; THENCE NORTH 70°33'36" WEST 13.50 FEET; THENCE NORTH 53°58'21" WEST 10.18 FEET; THENCE NORTH 53°58'22" WEST 10.18 FEET; THENCE NORTH 43°09'08" WEST 16.42 FEET; THENCE NORTH 34°52'31" WEST 30.12 FEET; THENCE NORTH 37°08'48" WEST 31.00 FEET; THENCE NORTH 45°00'00" WEST 37.06 FEET; THENCE NORTH 43°28'45" WEST 29.92 FEET; THENCE NORTH 52°29'45" WEST 40.59 FEET; THENCE NORTH 53°28'16" WEST 25.16 FEET; THENCE NORTH 69°51 '49" WEST 23.93 FEET; THENCE NORTH 72°53'50" WEST 40.74 FEET; THENCE NORTH 74°38'02" WEST 101.72 FEET; THENCE NORTH 76°25'14" WEST 79.73 FEET; THENCE NORTH 73°50'34" WEST 83.41 FEET; THENCE NORTH 77°16'32" WEST 71.39 FEET; THENCE NORTH 70°44'15" WEST 32.62 FEET; THENCE NORTH 75°44'50" WEST 240.26 FEET; THENCE SOUTH 76°22'29" WEST 54.20 FEET; THENCE NORTH 75°46'41" WEST 12.81 FEET; THENCE NORTH 78°06'45" WEST 243.02 FEET; THENCE SOUTH 8r32'28" WEST 438.43 FEET; THENCE SOUTH 86°36'21" WEST 1 ,109.58 FEET; THENCE NORTH 77°00'11" WEST 142.86 FEET; THENCE SOUTH 17°30'03" WEST 10.94 FEET; THENCE SOUTH 21°30'05" EAST 36.63 FEET; THENCE SOUTH 30°57'50" WEST 6.02 FEET; THENCE NORTH 73°10'43" WEST 139.18 FEET; THENCE NORTH 11 °46'06" WEST 25.32 FEET; THENCE NORTH 05°42'38" WEST 20.76 FEET; THENCE NORTH 04°23'55" WEST 13.47 FEET; THENCE NORTH 50°11 '40" WEST 8.07 FEET; THENCE NORTH 83°59'28" WEST 19.73 FEET; THENCE NORTH 84°57'27" WEST 35.25 FEET; THENCE NORTH 83°49'48" WEST 38.44 FEET; THENCE NORTH 80°44'23" WEST 96.27 FEET; THENCE NORTH 79°48'04" WEST 449.12 FEET; THENCE NORTH 77°49'57" WEST 284.20 FEET; THENCE NORTH 83°39'35" WEST 93.52 FEET; THENCE NORTH 87°39'46" WEST 101.30 FEET; 212512005- 127230 Voc 031- BSTOCKHAM CM43 037~000- - 0 4 WilSÔnMille,· ,.. New Directions In Planning, Design & Engineering toF l.(/fL/oS DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "An - D.R.I. LANDS (CONTINUED): THENCE NORTH 84°25'40" WEST 85.09 FEET; THENCE NORTH 77°28'16" WEST 95.22 FEET; THENCE NORTH 77°23'45" WEST 170.38 FEET; THENCE NORTH 75°57'50" WEST 76.65 FEET; THENCE NORTH 69°26'38" WEST 35.30 FEET; THENCE NORTH 69"46'31" WEST 41.82 FEET; THENCE NORTH 48°48'50" WEST 43.91 FEET; THENCE NORTH 46°14'43" WEST 134.40 FEET; THENCE NORTH 43°58'24" WEST 611.34 FEET; THENCE NORTH 45°00'00" WEST 338.85 FEET; THENCE NORTH 44°41'45" WEST 412.62 FEET; THENCE NORTH 43°26'06" WEST 267.38 FEET; THENCE NORTH 46°27'29" WEST 200.89 FEET; THENCE NORTH 66°02'14" EAST 12.72 FEET; THENCE NORTH 81°52'12" EAST 18.83 FEET; THENCE NORTH 03°20'45" EAST 73.83 FEET; THENCE SOUTH 85°25'42" WEST 6.48 FEET; THENCE NORTH 90°00'00' WEST 1 0.84 FEET; THENCE SOUTH 70°27'48" WEST 16.99 FEET; THENCE SOUTH 56°18'36" WEST 14.89 FEET; THENCE SOUTH 75°57'49" WEST 17.03 FEET; THENCE SOUTH 87"16'25" WEST 10.86 FEET; THENCE NORTH 59°20'58" WEST 16.21 FEET; THENCE NORTH 35°32'16" WEST 17.77 FEET; THENCE NORTH 26°33'54" WEST 17.32 FEET; THENCE NORTH 16°11'21" WEST 16.67 FEET; THENCE NORTH 01 °52'04" WEST 47.53 FEET; THENCE NORTH 00°05'16" WEST 336.69 FEET; THENCE NORTH 00°29'38" WEST 299.52 FEET; THENCE NORTH 00°56'29" WEST 220.01 FEET; THENCE NORTH 00°52'19" EAST 237.57 FEET; THENCE NORTH 00°46'52" WEST 113.62 FEET; THENCE NORTH 00°00'00" EAST 13.43 FEET; THENCE NORTH 14°02'10" EAST 8.52 FEET; THENCE NORTH 45°00'00" EAST 5.84 FEET; THENCE NORTH 71 °33'54" EAST 9.80 FEET; THENCE NORTH 82°24'19" EAST 15.63 FEET; THENCE SOUTH 89°12'02" EAST 222.07 FEET; THENCE SOUTH 86°36'31" EAST 69.83 FEET; THENCE SOUTH 82°38'52" EAST 32.28 FEET; THENCE SOUTH 70°49'16" EAST 25.15 FEET; THENCE SOUTH 60°38'32" EAST 18.96 FEET; THENCE SOUTH 62°44'41" EAST 38.34 FEET; THENCE SOUTH 73°08'30" EAST 35.61 FEET; THENCE SOUTH 87°42'34" EAST 25.84 FEET; THENCE NORTH 86°18'31" EAST 32.08 FEET; THENCE NORTH 74°58'54" EAST 43.84 FEET; THENCE NORTH 66°16'18" EAST 51.33 FEET; THENCE NORTH 56°01'25" EAST 57.29 FEET; THENCE NORTH 52°34'43" EAST 171.66 FEET; THENCE NORTH 43°53'54" EAST 75.96 FEET; THENCE NORTH 36°37'17" EAST 47.61 FEET; THENCE NORTH 35°48'12" EAST 77.68 FEET; THENCE NORTH 30°21'29" EAST 83.78 FEET; THENCE NORTH 22°37'12" EAST 67.13 FEET; THENCE NORTH 13°36'02" EAST 32.94 FEET; 2/2512005- 127230 Ver. 03!- BSTOCKHAM CAM<3 03786-000-000- . 0 5 ,.,^,,~-_..._-,,'^..._-.. WilSÔnMiller· ,... New Directions In Planning, Design & Engineering loF LJ./f2/05 DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A" - D.R.L LANDS (CONTINUED): THENCE NORTH 14°28'13" EAST 66.13 FEET; THENCE NORTH 10°57'15" EAST 65.22 FEET; THENCE NORTH 11 °18'36" EAST 21.06 FEET; THENCE NORTH 16°41'58" EAST 10.78 FEET; THENCE NORTH 45°00'00" EAST 10.22 FEET; THENCE NORTH 58n23'33" EAST 15.76 FEET; THENCE NORTH 64°39'14" EAST 21.71 FEET; THENCE NORTH 67"47'47" EAST 163.98 FEET; THENCE NORTH 64°59'39" EAST 161.25 FEET; THENCE NORTH 66°22'14" EAST 18.04 FEET; THENCE NORTH 72°53'50" EAST 28.10 FEET; THENCE NORTH 90°00'00" EAST 14.46 FEET; THENCE NORTH 88°18'55" EAST 35.13 FEET; THENCE SOUTH 88°36'10" EAST 42.36 FEET; THENCE NORTH 90°00'00" EAST 28.92 FEET; THENCE SOUTH 82°45'47" EAST 16.40 FEET; THENCE SOUTH 61°55'39" EAST 17.73 FEET; THENCE NORTH 69°34'35" EAST 118.02 FEET; THENCE NORTH 81 °56'55" EAST 17.06 FEET; THENCE NORTH 86°43'15" EAST 124.39 FEET; THENCE NORTH 13°46'19" WEST 328.58 FEET; THENCE NORTH 70°48'07" EAST 76.21 FEET; THENCE NORTH 54°29'06" EAST 37.97 FEET; THENCE NORTH 21 °53'45" WEST 54.48 FEET; THENCE NORTH 70°47'14" EAST 77.55 FEET; THENCE NORTH 71°02'31" EAST 35.61 FEET; THENCE NORTH 72°16'21" EAST 131.70 FEET; THENCE NORTH 72°04'43" EAST 126.98 FEET; THENCE NORTH 73°13'18" EAST 106.86 FEET; THENCE NORTH 71°11'17" EAST 74.14 FEET; THENCE NORTH 68°33'08" EAST 30.93 FEET; THENCE NORTH 71°33'54" EAST 17.88 FEET; THENCE NORTH 81°15'14" EAST 13.52 FEET; THENCE SOUTH 83°05'20" EAST 17.09 FEET; THENCE SOUTH 47°43'35" EAST 15.29 FEET; THENCE SOUTH 37"20'58" EAST 24.58 FEET; THENCE SOUTH 16°38'20" EAST 46.68 FEET; THENCE SOUTH 24°10'17" EAST 35.78 FEET; THENCE SOUTH 21 °52'45" EAST 70.36 FEET; THENCE SOUTH 34°33'45" EAST 28.09 FEET; THENCE SOUTH 47"26'12" EAST34.20 FEET; THENCE SOUTH 52°25'53" EAST 8.43 FEET; THENCE SOUTH 71°33'54" EAST 9.75 FEET; THENCE SOUTH 85°01 '49" EAST 11.87 FEET; THENCE SOUTH 87"08'15" EAST 20.59 FEET; THENCE SOUTH 88°25'50" EAST 37.54 FEET; THENCE NORTH 87"33'48" EAST 48.37 FEET; THENCE SOUTH 89°35'00" EAST 141.38 FEET; THENCE NORTH 89°06'34" EAST 99.23 FEET; THENCE NORTH 84°31'51" EAST 48.55 FEET; THENCE NORTH 82°20'00" EAST 26.97 FEET; THENCE NORTH 79°46'40" EAST 31.87 FEET; THENCE NORTH 76°27'51" EAST 28.56 FEET; THENCE NORTH 70°23'45" EAST 39.84 FEET; THENCE NORTH 70°48'11" EAST 134.46 FEET; THENCE NORTH 70°37'19" EAST 79.02 FEET; 2/25/2005- 127230 Ver: 031- BSTOCKHAM CA#43 03786-000-000- - 0 6 WilSÔnMiller~ " New Directions In Planning, Design & Engineering IOF 4frz./o5 DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A" - D.R.I. LANDS (CONTINUED): THENCE NORTH 66°32'28" EAST 29.70 FEET; THENCE NORTH 57"49'44" EAST 37.66 FEET; THENCE NORTH 53°21'57" EAST 74.96 FEET; THENCE NORTH 54°24'59" EAST 148.87 FEET; THENCE NORTH 50°50'35" EAST 203.54 FEET; THENCE NORTH 48°43'53" EAST 33.52 FEET, THENCE NORTH 32°23'52" EAST 31.67 FEET; THENCE 334.86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70°24'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06°25'03" WEST 314.18 FEET; THENCE NORTH 41 °37'27" WEST 133.18 FEET; THENCE 184.60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 573.36 FEET THROUGH CENTRAL ANGLE OF 18°26'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 50°50'52" WEST 183.80 FEET; THENCE NORTH 60°04'16" WEST 149.32 FEET; THENCE 44.34 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 29.99 FEET THROUGH A CENTRAL ANGLE OF 84°41'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17°43'30" WEST 40.41 FEET; THENCE NORTH 24°37'19" EAST 671.69 FEET; THENCE NORTH 23°58'37" EAST 211.35 FEET; THENCE NORTH 27"45'05" EAST 100.63 FEET; THENCE NORTH 34°51'48" EAST 129.90 FEET; THENCE NORTH 36°14'23" EAST 119.58 FEET; THENCE NORTH 39°15'14" EAST 61.92 FEET; THENCE NORTH 30°37'48" EAST 96.80 FEET; THENCE NORTH 31 °09'42" EAST 136.09 FEET; THENCE NORTH 31°57'25" EAST 103.02 FEET; THENCE NORTH 32°39'03" EAST 134.08 FEET; THENCE NORTH 28°32'24" EAST 53.34 FEET; THENCE NORTH 31 °15'49" EAST 35.90 FEET; THENCE NORTH 36°52'12" EAST 24.66 FEET; THENCE NORTH 53°49'13" EAST 22.74 FEET; THENCE NORTH 59°30'01" EAST 46.43 FEET; THENCE NORTH 58°16'35" EAST 70.87 FEET; THENCE NORTH 46°49'06" EAST 48.85 FEET; THENCE NORTH 34°36'20" EAST 66.58 FEET; THENCE NORTH 36°23'58" EAST 266.89 FEET; THENCE NORTH 35°28'00" EAST 51.47 FEET; THENCE NORTH 24°13'40" EAST 48.08 FEET; THENCE NORTH 20°29'50" EAST 62.60 FEET; THENCE NORTH 17"32'36" EAST 44.54 FEET; THENCE NORTH 11 °02'07" EAST 134.56 FEET; THENCE NORTH 09°20'41" EAST 65.81 FEET; THENCE NORTH 08°49'13" EAST 32.16 FEET; THENCE NORTH 02°07'16" WEST 14.81 FEET; THENCE NORTH 19°58'59" WEST 12.83 FEET; THENCE NORTH 29°55'53" WEST 20.87 FEET; THENCE NORTH 45°00'00" WEST 56.96 FEET; THENCE NORTH 48°51'56" WEST 57.48 FEET; THENCE NORTH 42°38'48" WEST 28.31 FEET; THENCE NORTH 38°47'48" WEST 35.86 FEET; THENCE NORTH 43°25'04" WEST 39.03 FEET; THENCE NORTH 36°22'11" EAST 30.93 FEET; THENCE NORTH 23°54'19" EAST 139.67 FEET; THENCE SOUTH 66°53'26" EAST 241.46 FEET; THENCE SOUTH 64°45'28" EAST 263.29 FEET; 2J2!j12Q(J$. 127230 Ver. 03!- BSTOCKHAM CA>43 037~OOO- - 0 7 .'.. .~_..-. ~-~-~_._",..,--_.~-"-- WilSÔnMiller~ .. New Directions In Planning, Design & Engineering ¡DF Q/rz.f05 DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "An - D.R.I. LANDS (CONTINUED): THENCE SOUTH 71°18'47" EAST 57.07 FEET; THENCE SOUTH 85°07'33" EAST 50.51 FEET; THENCE NORTH 81°05'07" EAST 75.18 FEET; THENCE NORTH 81°43'21" EAST 63.88 FEET; THENCE NORTH 84°57'08" EAST 36.24 FEET; THENCE SOUTH 86"25'39" EAST 63.61 FEET; THENCE SOUTH 81°31'21" EAST 262.28 FEET; THENCE SOUTH 88°08'03" EAST 273.99 FEET; THENCE NORTH 80°58'13" EAST 327.79 FEET; THENCE NORTH 67"50'56" EAST 252.22 FEET; THENCE NORTH 81°02'01" EAST 819.65 FEET; THENCE NORTH 81°42'41" EAST 310.84 FEET; THENCE SOUTH 65°34'43" EAST 80.72 FEET; THENCE NORTH 89°59'47" EAST 219.16 FEET; THENCE NORTH 82°42'28" EAST 41.19 FEET; THENCE NORTH 58°02'38" EAST 138.72 FEET; THENCE NORTH 41°09'18" EAST 91.38 FEET; THENCE NORTH 73°57'36" EAST 83.05 FEET; THENCE NORTH 84°51'58" EAST 305.34 FEET; THENCE NORTH 86°38'43" EAST 343.90 FEET; THENCE NORTH 87"28'42" EAST 503.72 FEET; THENCE NORTH 88°46'01" EAST 328.07 FEET; THENCE NORTH 37"30'20" EAST 357.69 FEET; THENCE NORTH 15°32'08" EAST 149.51 FEET; THENCE NORTH 86°55'36" EAST 261.44 FEET; THENCE NORTH 72°53'31" EAST 576.59 FEET; THENCE NORTH 50°45'14" EAST 202.55 FEET; THENCE NORTH 87°14'14" EAST 314.60 FEET; THENCE SOUTH 76°38'32" EAST 143.08 FEET; THENCE NORTH 89°49'43" EAST 1,054.71 FEET; THENCE SOUTH 75°20'32" EAST 42.85 FEET; THENCE SOUTH 41°43'41" EAST 38.04 FEET; THENCE SOUTH 59°44'48" EAST 101.86 FEET; THENCE SOUTH 82°56'38" EAST 71.89 FEET; THENCE NORTH 76°31'27" EAST 68.87 FEET; THENCE NORTH 60°32'45" EAST 175.39 FEET; THENCE NORTH 78°18'10" EAST 41.23 FEET; THENCE NORTH 89°28'30" EAST 480.22 FEET; THENCE NORTH 82°52'57" EAST 82.50 FEET; THENCE NORTH 59°26'48" EAST 47.53 FEET; THENCE NORTH 77°36'27" EAST 12.36 FEET; THENCE SOUTH 70°55'29" EAST 16.45 FEET; THENCE SOUTH 47°41'12" EAST 748.88 FEET; THENCE SOUTH 34°06'49" EAST 46.63 FEET; THENCE SOUTH 14°16'24" EAST615.15 FEET; THENCE NORTH 85°59'44" EAST 160.53 FEET; THENCE NORTH 47"06'44" EAST 110.60 FEET; THENCE NORTH 29°11'18" EAST 460.96 FEET; THENCE NORTH 13°56'57" EAST 209.85 FEET; THENCE NORTH 76°19'41" EAST 160.84 FEET; THENCE NORTH 61°43'54" EAST 107.89 FEET; THENCE NORTH 18°58'36" EAST 69.73 FEET; THENCE NORTH 01°36'49" WEST 341.03 FEET; THENCE NORTH 89°06'53" EAST 584.42 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°14'32" EAST 45.99 FEET; 2/2512005- 127230 Ver: 031- BSTOCKHAM CM43 0378&-000-000- - 0 8 WilSÔnMiller~ .. New Directions In Planning, Design & Engineering lOr: l.(/tz( 05 DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A" - D.R.I. LANDS (CONTINUED): THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 05°51'27"WEST 224.83 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE 95.78 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 01 °26'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°04'45" WEST 95.78 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 28°31'54" WEST 759.71 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE SOUTH 00·14'33" EAST 1,537.82 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 00°22'10" EAST 2,347.87 FEET; THENCE LEAVING SAID LINE NORTH 89°29'01" EAST 330.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°22'10" EAST 200.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 89°29'01" WEST 330.00 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE FOR THE FOLLOWING 9 COURSES: 1. SOUTH 00°22'10" EAST 62.31 FEET; 2. SOUTH 00°30'10" EAST 2,674.23 FEET; 3. SOUTH 00°35'31" EAST 2,684.53 FEET; 4. SOUTH 00°38'11" EAST 2,610.24 FEET; 5. SOUTH 00°30'34" EAST 199.67 FEET; 6. 227.68 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,032.95 FEET THROUGH CENTRAL ANGLE OF 04°18'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°39'36" EAST 227.63 FEET; 7. SOUTH 04°48'38" EAST 400.93 FEET; 8. SOUTH 05°08'04" EAST 83.53 FEET; 9. SOUTH 00°29'16" EAST 1672.20 FEET; THENCE LEAVING SAID LINE SOUTH 89°04'49" WEST 604.79 FEET; THENCE NORTH 4r03'54" WEST 98.67 FEET; THENCE SOUTH 52°55'08" WEST 87.29 FEET; THENCE SOUTH 06°39'26" WEST 102.55 FEET; THENCE SOUTH 71°24'17" WEST 367.36 FEET; THENCE NORTH 19°54'41" WEST 104.73 FEET; THENCE NORTH 43°05'38" WEST 251.09 FEET; THENCE NORTH 11 °04'29" EAST 79.58 FEET; THENCE NORTH 05°51'31" WEST 66.56 FEET; THENCE NORTH 48°52'26" WEST 332.24 FEET; THENCE NORTH 74°56'35" WEST 80.29 FEET; THENCE SOUTH 74°58'06" WEST 235.65 FEET; THENCE SOUTH 51 °40'42" WEST 93.09 FEET; THENCE SOUTH 21°53'05" WEST 241.50 FEET; THENCE SOUTH 77°21'09" WEST 341.17 FEET; THENCE SOUTH 60°48'05" WEST 79.49 FEET; THENCE NORTH 88°09'54" WEST 265.68 FEET; THENCE SOUTH 89°36'53" WEST 1 ,996.43 FEET; THENCE 77.48 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1415.00 FEET THROUGH A CENTRAL ANGLE OF 03°08'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°11'35" EAST 77.47 FEET; THENCE SOUTH 00°38'28" EAST 84.34 FEET; THENCE NORTH 90·00'00" WEST 71.80 FEET; THENCE SOUTH 00°38'46" EAST 3,444.22 FEET; THENCE 224.04 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,721.25 FEET THROUGH A CENTRAL ANGLE OF 04°43'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01 °44'02" WEST 223.98 FEET; THENCE SOUTH 04°05'59" WEST 217.57 FEET; 212512005- 127230 Ver. 031- aSTOCKHAM c"""" 037B6-()(J().()(J(). - 0 9 WilSÔnMiller~ " New Directions In Planning, Design & Engineering lOt=" 't/I2/Ð5 DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "An - D.R.J. LANDS (CONTINUED): THENCE 153.40 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,277.17 FEET THROUGH A CENTRAL ANGLE OF 03°51'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°10'28" WEST 153.37 FEET; THENCE SOUTH 06°34'56" EAST 1,089.87 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT-OF-WAY): THENCE ALONG SAID LINE SOUTH 88°54'34" WEST 247.15 FEET TO THE POINT OF BEGINNING. CONTAINING 5,026. 3 ACRES, MORE OR LESS. SUBJEC T M NTS AND RESTRICTIONS OF RECORD. BEARING ~S D ON THE SOUTH LINE OF SAID SECTION 16 BEING SOUTH 88·64'34· , .S.M. LS#5627 CERTIFICATE OF AUTHORIZATION #LB-43 REF: 4H-125, SHEETS 1-5 DATE: AUGUST 29,2003 REVISIONS: 1. OCTOBER 16, 2003 2. MARCH 3, 2004 3. $EPTEMBER 30, 2004 4. FEBRUARY 4, 2005 5. FEBRUARY 24, 2005 2/2512005- 127230 Ver: 03!· BSTOCKHAM c..... 03766-000-000- . 0 10 C.E. O.R. BOOK 2733 PAGE 95\ 25 B.C.I. C.R. SOOK 2493 36 PACE "79 u/r \MMOKALEE ROAD 100' RIGHT-OF-WA'1' a.cJ. ~CII cu.. =~}m~ B.C.P. Q.R:. BOOK 2009 P~f 15,}9- \5-45 30 B.C.P. O.R. BOOK 2009 PAGE 15.39- 15<15 28 I.C_Lf'Un.1L m:'-IrJ ,~u 29 B.C.P. PER O.R. BOOK 2903 PAGE: 2751 _..__.._.....__._-.---'----~.- --. \ B.C.I. PER a.R. BOOK 2493 PAGES 2779-2796 B.C.I. PER_.__.__._ _ .. a.R. BOOK ~?J!-l~~~_....J~ _ ,___ ____.__.._____._ I __ _ --- -- B.C.P. O.R. BOOK 2009 PMif 15<16- \~53 T -47 S T 47 S T- 8 S T 4 ~ ¡:; w ~ I ~ CO C,D,C. N ~~'7 B~~~ 2267 I 1 ~ Q:: cr: ª ~ o <.i '" L ---- ----~-- I I I \ I \ I L_____ _d__ ___ C.D.C. o.ft. 8001( \577 12 PACE 2!ti7 ce: . M~/. P.S.).!: L.,s..IS627 NOT 'lAUD IJI-:LES~ SIGNED 8'1' T¡..¡t: SURVEYOR AND SEALED WITH TI~.£ Z.l.._~EYCR·.s E!.jßO$SED SEAL. CERTIFICATE OF AUTHCRIZATION I LB--4J DATE GENERAl NOTES: I. AlL DIMENSiCNS ARE IN FEET AND DECIMALS THEREOF. UNLESS OTHERwISE NOTED. 2. NOT VAUO WITHOUT THE SIGNATURE AND THE ORICINAL RAISED SEAL Of A FLORIDA UCENSED SURVE'I'OR AND' MAPPER. J. BEARINGS ARE BASED ON THE SOUTH UNE Of SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST. COLLIER COUNT'1', FLORIDA BEING SOUTH 88'54'3-4- WEST. 4. CERTIFICATE OF AUTHORIZATION ILÐ-43 5. CONTAJNtNC 5,026.93 ACRES /.lORE OR LESS. 6. SUBJECT TO EAS£MENTS, RESTRICTIONS AND RESERVATIONS Of RECORD. 7. THIS SKETCH MAY HAVE BEEN REDUCED. 8. ABBREVIATIONS: a.R. ... OffiCIAl. RECORD BOOK C.£. ... COlliER ENTERPRISES, LTD B.C,I. ... BARRON COLUER INVESTMENTS LTO B.C.P. .. BARRON COlLIER PARTNERSHIP R.o.w '" RIGHT OF WAY P.O.C. ... POINT Of COMMENCEMENT P ,O.B. '" POINT Of BEGINNING C.O.C. .. COlLIER DEVELOPMENT CORPORATION D.R.I. .. DEVELOPMENT Of REGIONAl.. IMPACT ~ ... P~C£L DESCRIBED F.b 24. 2005 - 11:02:56 GI.AN0¡X;\SUR\OJ786\4Ht2~Sl.d"9 _........-.. .""-....---.~- _.-......._.~~_._-- _....1.-.__.____._=:::.,..__.___ B.C.I. O.R. BOOK 2493 PAGE 2779-2796 .., ~ ~ S.C.I. O.R. SOOK 2493 PACE 2719 B.C.I. . ·1' OR aDaK 254~ PAGE 596 ~'.~. Be paR BOOK 2009 P"CES 1546-155,) 16 B.C.P. O.R. 800 PAGE 1546 - OIL WELL ROAD 100' RIGHT OF -WAY ~ ~ I ~_ J. CONTAINS a 5026.93 ACRES MORE OR LESS ... NOT A SURVEY ... ...SEE ATTACHED FOR DESCRIPTION ... EXHIBIT "A" REVISIONS: 1. 10-\5-03 BES 2. REvISED BOUNDARY, 3-J-04, aES 3. REVISED BOUNDAR'1', 2-4-05, GPRL/\657 4. R£VISED BOUNDARY, 2-24-œi, GPRL/lð~1 ........... ~. nil[, VICINITY SKETCH - D.R.I. lANDS 8 200J <u"n, SKETCH OF DESCRIPTION / Lflol 4J6 01 OJ PART or SECTIONS 4-5I.'.NO IS-Ie. To-StIIP 4e. SOUTH. 1·"'1000' 51 2. RAHCt 29 CAST. ANO SECTIONS 31-J3 . TOWNShIP .1 SOUTH. AANct 2'iI tASr, COu.IER COUNI"I'. fLORIOJ.. V> ". !IZ05 lor:- ~ . J. ~ ~ iiJ ~ ~ ~ a.c.p 0 R PAGES 1546~~J 2009 16 z ~ " ~ I ~ I !1. ~ ».0.8. SOUTH LINE Of 8A.SIS or BEAR SECTION II !HG SOUTH ðS'~4'J4· WEST GENERAL NOTES: Oil WEll ROAD ¡irHiALL DIM'NSIONS 100' RIGHT OF WAY 2. RWISE NOTED ARE IN FEET SEAl NOT VAliD W.rHO ANa O'CI"""-S fH J B~R1~JLORIDA ~¿,~~' SJGNAfUR' AN 'R'OF, UNLESS ~~~~S~16u;! ~5f:r'~NGg,~ 2~~t'f(,~~H ~~:~~~INAl /WSED ~. C'RTI"CAf~54"4. wEST. EASf. COLLIER ~O~ECTlON ". /oL.I""t. ~~cJ~~~N INfo s~'t~~O:;';:'T~ON "B-43 NTY. FLORIDA __ -... J. 7. T~~S 5KET Et.&ENTS. RES~~~i o~~ lESS. REVISIONS, CH MAY AND RES' la-IS-OJ. BE HAV' BEEN REDuC'D OVATIONS OF REVISED BOUN~ REVISED BOUNO,IJr( 3-3-04-, aES REVlSEO BOUNDARY: ;=;;~~. CPRl/1B57 MIkI/DtP.!IQ. lOUt: 5, C:PRLjIB57 mL£, ~~8o Eê~Î~~..rs Dnd Lond Naplss, flQ~'dlan., Suae 2~f'I·()'Qr. Q 34105 . 239) 6<49 4040 PO'5i ~ CORNER T-4& S,C~~;Q~: ~-~ J~ , . ~ /l1li( I fOR SIGNATURE 4NO SEAL . SEE SHEET 1 OF 5. NOT VAlID UN SEAl..ED WITti ~~~S ~ GNEO 8Y THE 5 CERTlnCAT' Of !MYOR'S 'MBOS~~EYOR AND AuTHORIZATION I LB-4J SEAL. ~:R. A!B~~~T ONS: g:~~ . .... C~ ~~ :~iE~~~I:OOK a.C.p .. ~ON COlliER I~S, lTC ~.D.W' _ RIGH~ON COLLIER p;'¡'~fM'NTS LTO p:g:g. : POINT ~F ~~Y N'RSHIP g~f _ ~g~~~,~FO~P~~.."¿:"'NT ~.. DEVELOPMENT ~~~ENT CORPORATlO CONTAINS - PARC'L DESCRIBED'CIONAL IMPACY N = 5026.93 ACRES MORE OR ...SEE ATTAC ... NOT A S LESS ' HED FOR DESC~I RVEY ... PTION ... EXHIBIT . A' AVE MARIA r.b 24, 200:) - 11:1 ':01) ClJ,NDlX:\SUR IfIfI&t \0".'\4HI2552..., __._._l1l1I"1 _""L-._~:=--:.-=-:f::;::;=-~_ DETAIL SH "., ".. SKETCH of - DRI LAN ".. lW<çE"';"~~"' H ~. p'~SCRIPT1ON os /IN((¡[ 2~ CAST: ~~~;C~~~~;:~J~C~NT=S:' SOUTH. ,fl.OR1DA. 41 SOUfK, OJ7B5-QOQ-QOO -~"._.'~ CLI;:"T: 2 :5 4/"1-125 ..-"'. "C,j,O-Il.IOOM 24U,....cE2711- 21n -~-~- ~~----- , i l.u.a.1I.. -- PAQt ~~]I ~...._-_..__._-_.- 12 1.00.I.D.Il. IOOICUU 1'.oGt2HI w w I I com N N I I cx:cx: ._~-- a.c~. ~~E a:: 2'4~ Reg. Em¡¡lnur. and Lond SurYI!)'ofl 3200 Boiley Lone, Suile 200, (2J9) 649-4040 Nap!e!, Florido 34105 FOR SIGNATuRE AND SEAL, SEE SHEU I Of 5. NOT VALID UNLESS S¡(,iN£.Q BY THE SURVEYOR AND Iii S~ED WITH THE SURVEYOR'S EMBOSSED S~. CERTIFICATE or AUTHORIZATION I LB-4J GENERAL NOTES: ). ALL OIIolENSIONS ARE IN FEET N'IID DECIW,LS THEREOF, UNLESS OTHERWISE NOTED, 2. NOT VALID WITHOuT THE SICNATURE AND THE ORIGINAL RAlSEO SEAL OF A FLORIDA UCENSED SURVEYOR AND ·MAPPER. J. BEARtNCS ARE BASED ON THE SOUTH LINE Of SECTION t 6, TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLUER COUNTY, FLORIDA BEING SouTH 88'54']4- WEST. 4, CERTIFICATE Of AUTHORIZATION ILB-43 5, CONTAINING 5,02l5.9J ACRES MORE: OR LESS. 6. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 7. THIS SKETCH MAY HAVE BEEN REDUCED, B. ABBREVIATIONS: C.R. - OFFICIAl RECORD BOOK C.E, _ COlliER ENTERPRISES, LTD B.C.I. - BARRON COlUER INVESTMENTS LTO B.C.P. - aAARON COlLIER PARTNERSHIP R.O.W _ RIGHT OF WAY P.D.C. . POINT OF COMMENCE"'ENT P.O. B. _ POINT OF BEGINNING C.D.C. . COlliER DEVELOPIoIEHT CORPORATION D.R.I. _ DEVELOPMENT Of AECIDtiAL IMPACT rm . PARCEL DESCRIBED F.b 24, 2005 - 1:09:35 Cl.ANO X:\SUR\OJ786\-4HI2SSJ.ówg ~............. .,,"-' '--,---- -.... --~--;.::..-=:.-=--=~-=-~.:::._- 6 4/rzlrh tOF 5 ,,' utoH 10' Tk/IOIIGIt '2& $[OUEH'n.I'u T"-'~-'~--'--'_oO' '" I I I § ... 18 , ". ,,' ,,' r .; J.CP 011 IICOII ~OOII '....E 'iUI-I5:\3 'í 'i. L~a G. ;~ '" ,,' 'i: ", ", . ,S1 \.\......., , CURVE TABLE CURVE L£HCTH US OELTA CI IU.' 121.1' 14. I. I 'H' I" " 1 1.4 I 1.1.· I C' 11." ,,1.5(1' CI \ 1J' REVISIONS: 1- 2" J. .. ~.... -- --- -- ÞCCd:C II: ~fþf;Mfp4:. ~ ~ I k.""~_ CONTAINS = 5026.93 ACRES MORE OR LESS .. ... NOT A SURVEY ... ...SEE ATTACHED FOR DESCRIPTION ... EXHIBIT "A" AVE MARIA IO-15-0~, BES REVISED BOUNDARY, J-J-O", BES REVISED BOUNDAR'!', 2-4-05, GPRL/1857 R SED BOUNDARY - 4-05 (jPRl 1857 -" .. .... mu:, DETAIL SHEET - DR! lÅNDS SKETCH OF DESCRIPnON lTlol 4,)' Oð ,) PAM Of S£CTIONS 4_8 ,IoN0 16-18 TOWNs..I" .1 SOUTtt. SilO 4U flAHCE 2i EAst, A/'tO 5£CTIONS J -JJ , TOwfISHIP .7 SOUH1, FUJiCE 2i [.1.51, cowU COVNIY, flORlOol.. t;'1 ~11~n. ww I I rom NN I I 0:::0::: H¡US[QU£ttTW,1.Y UHf' U1 tHAOUO T - 4l=-~_____ -----T -48-S <>" $ ¡~"1IiROUGH ßI 5[QUUŒ,o,U.f 1 ;~~i~ ~~ -m.- Ult. ond Land surv(~~;} 6-49-4040 R...,. Enginllr. n., Suit. 200. ~~~~.?OPJ~~jdLOO 341 OS SEE SHEET 1 OF 5. FOR SIGNATURE AND SEAL. THE SuRvEYOR AND D UNLESS SJGN6-~R~~ EUSoSSED SEAl. ~i'1c~;'~ITH IHE SuR\I ZAIION I LB-U CERTifICATE Of AUTHORI I. 10-15-0~~;~ARY, J-J-O~. ~~;L/lð57 2. REVISED BOUNDARY, 2-4-0 O~ GPRL./1657 J. :~~~~ BOUNDARY, 2-24- . .. ao\.H 12554.'., ClANDlX:\SUA\OJ7 _.~- _...=~:.~~-=-~-=-- 4(,05 lOF I \ I IOCIoC ;UI~'oaø 11111-11IIt U:...I'(AIM. - \~1sl~~ ,~'~~- ,m ~~SS:~~~yCH 31 S THEREOf', UNLESS AND DECIMAL GENERAl NOT~;;aNS ARE IN FEEl 0 IHE O",GINA!. ""'SEa 1 ALL alME lED 'GNAIURE AN MAPPER. I. o'IHER~is~..':g W¡jHOL~~'~~'¡DS SURV~6~~H~~E OfoJ~¡:,r:O~LORlåA 2. N OF A FLORIOA """'0 ON IH'EAST COLLIER C SEAt-BEARINGS ARE RANGE 2!i1 . ,. NSHIP.8 SOUI~j.. WESI. B-43 ~~~G SOUTH ~"g~ AUIHORIZ~~O~ot'i: OR ;'¡'~S'RES'RVA"DNS OF 4. g~~~I~TG Stl~~tN:S~R RESTRICTIONS ~: SUBJECI TO BEEN REDUCED. ~ECOT~~Š SKETCHNS~Y HAVE ð' A8BREVIA~ RECORD eaO\TD o· R .. OfFIC R ENTERPRISES'ESTMENTS LTD C:E: .. CDLL~ON COLLIER INVAATHERSHIP B.C.I. . ~RON COlUER P B c.: : RIGHT or ~~tMUENCEMENT R g. C . POINI gi BEGINNING CORPORATION ~ 0 B . POINJER DEVELDPMENTONA!. IMPACI CD C .. COL~OPI.ŒNT Of REGI D R I .. DEVE CEL DESCRIBED E'B - PAA 160 UOUÞlTWJ.:r UHa;I~or~ ~~ . ...._-.c .. ORE OR LESS - 5026.93 ACRES loA SURVEY ... CONTAINS - ... N06ácRIPTION ~.~ EE ATTACHED FOR EXHIBIT 1\ ...S DR! lANDS '"" '''''' DETð'~s~nE5cRI~~~. sou," " SK S ~-t Nil) "JII~]~O~~OWHSHII" H SOUl =~tOia5~rr ~~u~c~:~rt fLORIO"- 1U.NGt ¡t £,.\ST. ~/fl./os lOÇ' ua I'U OIL 100II: 2UJ ,...eu 29 :In.-z7t1 U:.P.I'ERO.II.8OQK tlClJPAC(27$1 28 v" -", § .f ~]10 ~nl ~;go Eå:¡f~;e~sonC::,\~~;d 25ö:w(~~~) 649-4040 Naples. F"lor,dQ 34105 GENERAl NOTES: h'THE~~J~M~ói~~~S ARE IN FEET ,\NO DECII.AALS THEREOF, UNLESS 2. NOT VALID WITHOUT THE S¡GNATURE AND THE ORIGINAL RAISED ~~Al a~':¡U~:5LO':~ i;.~É~S¿~ ~~:~óB~ 't~E ~P~~CTlON 16 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 88'5'V].f" WEST. 4, CERTIFICATE Of AUTHORIZATION ILB-4J ~. CONTAINING 5.026.93 ACRES MORE OR lESS. ~EC¿RU~ECT TO EASEMENTS, RESTRlCTIQNS AND RESERvATIONS Of 7. THIS SKETCH MAY HAVE BEEN REDUCED. B. ABBREVIATIONS: a.R. .. Qf'FICIAL RECORD BOOK C.£. .. COLLIER ENTERPRISES, LTD 8 C.I. .. BARRON COlliER INVESTMENTS LTO B.C.P. .. BARRON COLLlE:R PARlNERSHIP R.O.W .. RlCH1 OF WAY P.O,C. - POINT or COMI.4ENCEMENT p.o.a. - POINT or BEGINNING C.O.C. - COLLIER DEvELOPMENT CORPORATION O.R.!. - DEvELOPMENT or REGIONAl. IMPACT f!n - PARCEL OESCR¡SED fOR SIGN....TURE AND SEAL, SEE SHE("T I OF 5. NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL CERTlf!CATE Of AUTHORIZATION I LB-4) ~_:::~ J. CONTAINS = 5026.93 ACRES MORE OR LESS REVISIONS: ~'. ~~~~;O~O~:~Y, )-3-0. 8ES ... NOT A SURVEY ... J. RE\i1SEO BOUNDARY. 2-4-05: GPRL/IB51 ...SEE ATTACHED FOR DESCRIPTION ... 4. REVISED BOUNDARY', 2-2"-05, GPRL/HI~1 EXHIBIT "'A- .......... A "" m" DrrAlL SHEEr _ DRI lANDS cutNl, _ SKrrCH 01' DESCRIPTION /200J AVE MARIA HI.! Of OJ O} P.-al or s£crlONS 4-51 NolO Ie-II fOWHSl11P 4ð SOUTH. ,. "400' S£S 12$ 0204 JI.NtÇ£ 2i EAST. AND SECTIOtIS J1-JJ . TO'tfHSHIP 47 SOUll1. RNIC.E 29 001. COlll£R: COlJItfY, flORlOA feo 24, 2005 - 11:12:01 ClANOjX;\SUR\OnSÕ\.HI2555.dwg _..................."'-.~_.---- -... -...¡,......"":':.=..~~--=~~~::._- lor:- q/{Zf05 Ave Maria Development Contribution Agreement ... .. . DATE PERMIT # CREDITAMT BALANCE COMMENTS Beç¡inninç¡ Balance $6,000,000.00 Available Cy~.,~'J '~~ /J 10Ç" 4/fz/Cf5 INTERLOCAL AGREElVIENT RESERVATION OF SUFFICIENT ROAD PUBLIC FACILITIES THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this _ day of April, 2005, by and between THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT, hereinafter referred to as "District," an independent special district created by and established by and in Chapter 2004-461, Laws of Florida (2004), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Land Development Code as of the date hereof and Chapter 2004-461, Laws of Florida (2004). RECITALS: WHEREAS, the Ave Maria Stewardship Community District ("District") was created and established on April 23, 2004, by Act passed by the Florida Legislature, Chapter 2004-461, Laws of Florida (2004); and WHEREAS, within the boundaries of the District, Barron Collier Partnership, LLLP has made available approximately 905 acres to the Ave Maria University, Inc., for the institution and operation of a private university known as A ve Maria University with a full slate of undergraduate, graduate, and professional programs with related cultural, recreational, and other activities, benefits and programs for providing teaching, research, and public services to southwest Florida, the State of Florida, and the Nation; and WHEREAS, as set forth in the February 2005 Recommendations of the Southwest Florida Regional Planning Council Development of Regional Impact Assessment for the "Town of Ave Maria," DRI #07-0304-167 and proposed DRI Development Order, there is to be created the 4,995 acre Town of Ave Maria, to be located just north of Oil Well Road and adjacent to Camp Keais, which proposed Town at buildout will include 11,000 residential units, 690,000 gross square feet of retail/service, 510,000 square feet of office, 400 hotel rooms, 6,000-student university, 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K-8 school and a K-12 private school, with a proposed buildout to be completed in two 5-year phases with construction anticipated to commence in 2006, and continue through 2016; and WHEREAS, for this development to be built out, substantial road improvements are required, including four lane improvements to Oil Well Road between Immokalee Road and Camp Keais Road (the "Project"); and WHEREAS, to accelerate these improvements and to facilitate the future four laning of Camp Keais Road to Immokalee Road, concurrent with the execution of this Agreement, the County has entered into a Developer Agreement with Ave Maria Development, LLLP (the "Developer"), wherein the Developer has agreed: (1) to donate an estimated $7,800,000 in certain right-of-way and provide for storm water management adjacent to said right of way \Dr 4/rzJo5 donation and other substantial consideration; and (2) to design and permit the four laning of a section of Oil Well Road from Immokalee Road to Camp Keais Road for impact fee credits; all of which will be of significant benefit to the County's Transportation network; and WHEREAS, in addition, the donation of right-of-way and impact fee credits resulting from the advancement of design and construction of an Oil Well Road segment, the developer will be paying in excess of $60 million dollars in road impact fees to pay for the construction of the additional capacity being provided by the widening of Oil Well Road and other roadways within the area; and WHEREAS, the Developer and County would not be accelerating the widening of Oil Well Road, and Developer would not be providing the County with substantial free right-of-way and other valuable considerations, but for the fact that Developer is building a new University and University Town in eastern Collier County, which University will greatly enhance the economic and cultural life of the citizens of Collier County; and WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163- 3177(1l)(d) Florida Statutes (2004); the RLSA program being an innovative and incentive based program for planning, protection of natural resources, and development in the rural area of Collier County; and WHEREAS, the "RLSA" program has significant public benefits for Collier County and the Immokalee area; and WHEREAS, the Immokalee area and its economic development will greatly benefit from the proposed road improvements to Oil Well Road and Camp Keais Road; and WHEREAS, given that the estimated buildout of the Town of Ave Maria may exceed ten years, there is a substantial concern by all parties that other property owners will take advantage of the improvements to Oil Well Road and that their developments will utilize all available road capacity to meet their concurrency needs prior to the completion of the buildout of the Town of Ave Maria; and WHEREAS, the parties agree that: (a) Collier County, by virtue of Section 1(t), Article VIII of the Florida Constitution, Chapter 125, Fla. Stat., and Section 163.01, Fla. Stat., is a public agency with the power to reserve to the District by interlocal agreement sufficient capacity on Collier County's road public facilities to complete the buildout of the Town of Ave Maria; (b) The District, pursuant to Ch. 2004-461, Laws of Florida, has the expressed authority and duty to determine whether the exercise of any of its general and special powers in carrying out its single limited and specialized purpose (provision of infrastructure to the Ave Maria Community) would interfere with reservations of sufficient road public facilities by the 2 \01= ~ !rz.(OS County and has the duty to determine that any of the District's activities would not be inconsistent therewith; (c) Both the County and the District are public agencies which have certain rights, powers, privileges and authority, shared in common, which each exercises and may exercise separately; (d) Each has the powers enumerated above which it can exercise separately that, by interlocal agreement, the parties may exercise jointly; (e) Administration of this Agreement will be by the County Manager or his or her designee as approved by the Board of County Commissioners of Collier County and by the District Manager or his or her designee as approved by the Board of Supervisors of the District; (f) The County and the District can use their respective powers held in common by cooperating with each other on a basis of mutual advantage; (g) That which induced the parties to bind themselves to this Agreement is their reliance upon and authority under the Florida Interlocal Cooperation Act of 1969, as amended, section 163.01, FS, to make the most productive, accountable, fair, responsive, timely and efficient use of their respective powers, and other good and valuable consideration. The essence of this Agreement is a simple and informal division of duties by which the District provides to the County written assurance when requested by the County that any final local development order of the Developer is within the final approved DRI Development Order with specific reference to the reservations by the County of sufficient road public facilities; and WHEREAS, after careful consideration and duly held public hearings on this matter by both the County and District, the County and District have found that: (a) This Agreement furthers the public purpose of the District and the County, their constituents, taxpayers, local owners and residents, both present and future, and the Collier County community as a whole; and (b) The public will reap significant advantages associated with and emanating from this Agreement. WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 3 \OF 4/rz-frf5 2. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes and Chapter 2004-461, Laws of Florida (2004). 3. The parties have entered into this Agreement in good faith and covenant to cooperate with each other in order to fulfill the intent of this Agreement so as to better serve the residents of Collier County. 4. The proposed plan of development for the Town of Ave Maria at buildout is attached as Exhibit "A." Upon the issuance of the final DRI Development Order, and any amendment thereafter, Exhibit "A" will be modified to confonn. The proposed phases and anticipated timeline for build-out of the Town are attached as Exhibit "B." 5. The County understands and agrees that the phases and timelines set forth in Exhibit "B" are merely an estimate of absorption based on current conditions, and from a Development of Regional Impact perspective, the controlling time for buildout is the tennination date of the Town of Ave Maria DRI Development Order, in this instance June 30, 2020. Further, County understands and agrees that pennitting issues, mobilization difficulties, and lack of momentum could delay substantial development during the early years, and that the timelines and phasing schedules (phases and timelines in Exhibit B) are subject to market conditions and economic cycles beyond control of District or Developer. 6. Until the tennination date of the proposed Town of Ave Maria DRI Development Order on June 30, 2020, and provided that the University is constructed in substantial confonnity with the pr.oposed DRI Development Order, County will reserve to the District sufficient capacity on Collier County's road public facilities to complete the buildout of the Town of Ave Maria. It is understood that the Town of Ave Maria will be built in phases. As each final local development order is issued for each phase, a certificate of public facility adequacy will be issued, and transportation impact fees paid, in the manner then set forth in the Collier County Land Development Code, and the reservation of such capacity to the District of road public facilities will be reduced by a like amount. Each time a final local development order is sought for a project within the District, County may request that the District provide the County with written assurance that such final local development order sought confonns to the Final Development Order. 7. Following the seventh anniversary date of approval of the final DRI Development Order, County shall conduct a review of perfonnance under this Agreement to detennine whether or not there has been demonstrated good faith compliance with the tenns of this Agreement and that the project is proceeding in a timely manner to buildout. If the Collier County Board of Commissioners finds, after consultation with the District, on the basis of substantial competent evidence, that there has been a failure to comply with the tenns of this Agreement, or that the construction of the Town of Ave Maria is not proceeding in a substantially timely manner to buildout, the Agreement may be modified or tenninated by agreement of the parties. The tenn substantially timely manner, as used herein, shall mean that development is proceeding in a manner that buildout of the amount of development authorized by the DRI Development Order could rationally be expected on or before the tennination date of the DRI on June 30, 2020. Upon tennination of this Agreement, any unused capacity reserved 4 lOÇ 4/rzlrJ5 for public facilities will be released, and made available for other development in the area, with future development of the Town of Ave Maria on an equal footing with all other development as to compliance with the County's concurrency requirements. 8. If the Collier County Board of Commissioners finds that good faith compliance with the tenns of this Agreement has been demonstrated, and that the construction of the Town of Ave Maria is proceeding in a substantially timely manner to buildout, then the County shall continue to reserve the remaining unused capacity through buildout of the construction of the Town of Ave Maria, to be utilized in the same manner as described in paragraph 7 above. 9. This Agreement does not create or contain any vested rights for the District or the Developer. This Agreement is personal to the District, and may not be assigned, either in whole or in part. The District's sole obligation pursuant to this Agreement is to give County written assurance when requested that any final local development order sought is within the final approved DRI Development Order. 10. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the tenns of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 11. The duration of this Agreement shall be for so long as the District, or its successor-in-function, is functional and/or in existence. Otherwise, this Agreement shall only be amended or tenninated by the parties hereto upon mutual written agreement. 12. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. District shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to District within 15 days of recordation. 13. This Agreement shall not be construed or characterized as a development agreement under the Florida Government Development Agreement Act. 14. The parties specifically acknowledge that the Collier County Subdivision Regulations, the Collier County Building Codes, the Collier County Land Development Code, all as amended, and their successors-in-function, are "governmental, planning, environmental and land development regulation," and will be so recognized in light of any future analysis of Chapter 2004-461, Laws of Florida (2004). 15. The parties confinn, agree and acknowledge that the Town of Ave Maria's SRA Development Document and Collier County's Growth Management Plan, Land Dèvelopment and Building Codes, all as amended, and their successors and function, will and shall control development within the District in accordance with the provisions of Chapter 2004-461, Laws of Florida (2004). 5 \0{:' 4fiz./d5 16. District acknowledges that the failure of this Agreement to address any permit, condition, tenn or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, tenns or restrictions. 17. In the event of a dispute under this Agreement, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the tenns of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 18. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties intend that the tenns, and conditions and provisions of this Agreement and any addenda to it may only be amended or modified in writing, executed duly and validly by the parties in a timely and reasonable manner. Any waiver at any time by either party hereto of its rights with respect to any matter arising in connection with the Agreement shall not be considered a waiver of such rights or matters by either party at any subsequent time. This Agreement shall take effect on the date above written and shall continue in effect until the parties mutually detennine that it is no longer needed or until termination pursuant to the tenns hereof. 19. This Agreement and the commitments herein shall become effective when the DRI Development Order, SRA designation for the Town of Ave Maria and ACOE permit for the Town of Ave Maria become final and effective. If the Town of Ave Maria DRI or SRA do not become final, or the ACOE pennit for the Town of Ave Maria is not received and become effective before December 31, 2006, this Agreement and all obligations hereunder shall be null and void. 20. Under Section 163.01(6)(7), FS, the parties agree that administration of this Agreement, including any implementing and practical procedures, shall be effected jointly by the County Manager or his designee and the District Manager of his designee with periodic reports to both boards. Written notice if and when appropriate shall be given to the parties at the following addresses or such other person or place as each party shall designate by similar notice. As to the District: Peter L. Pimentel, District Manager Special District Services, Inc. 11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, Florida 33410 As to the County: James V. Mudd Collier County Manager 3301 East Tamiami Trail Naples, Florida 34112 (Remainder of Page Left Intentionally Blank) 6 -_.,.,.,."._.",.......'.-.-,--_.,--~,.~.. ......._,'~._'..__..'"----~,- \ {)F 4/fZ.(05 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, , Deputy Clerk By: FRED W. COYLE, Chairman By: Attest: A VE MARIA STEWARDSHIP COMMUNITY DISTRICT Assistant District Secretary By: Chairman of the Board of Supervisors Approved as to form and legal sufficiency: Approved as to form and legal sufficiency Jeffrey A. Klatzkow Assistant County Attorney District Counsel 7 IOF 4/rzlo: " i I ! f WRA o HSA WRA o DR' LAND USE SUMMARY I AMU I UNIVERSITY I SCHOOLS CD RESIDENTIAL o MIXED USE IOF I COMMUNITY FACILITY f . yt I WETlAND PRESERVE fU~rF PARK I©I LAKE PARKS ~ ROADWAYS - DRI BOUNDARY 995 AC 2.921 AC 328 AC 211 AC OFF-SITE RLSA DESIGNATIONS I FSA I RLSA FLOWWAY STEWARDSHIP AREA I WRA I RLSA WATER RETENTION AREA I HSA I RLSA HABITAT STEWARDSHIP AREA o RLSA OPEN I II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II :: C) II » II :\ i: II "'0 II II II ::~ :: m :: » II _ :: en II II II :: ~ :: 0 J r :Þ "0 II II II II II II II II II II II II II II II II II II II II II II II II " " " " " " " II " " " " " " II II II II " II ------------------________JL_____________ --vv-Ë-[-C---R-Õ-Ã-Õ---------------------------:~------------- II II II II II II " " " II " " II " " " " " II II II FSA R HSA 0 FSA HSA HSA M M R WRA o R . . , , , . ::::::::::::::::::::::::::::::::=::--------------------------------------- ---------------õ-ïI-- HSA o O· 82 AC 81 AC 175 AC 242 AC 4.995 AC IÐIl!:UoMoU..c:LAaIIlP'lI:a'I __~.~....ØW'IIIMY"'fÇI.~""._ 1TIII~.~._IMCI.NID~_I'QKfI...IIIoIS. o 1,000 2,000 ....- GRAPHIC SCALE 4.000' ~ IV NORTH [ ir i r RW·'¡ , . ¡ ! I ! ; ~;; CO ~ : .. ~ "'~ Ip : ~ j ~ .= --" Hi !\) ~ is::.:: MAP H MASTER DEVELOPMENT PLAN TOWN OF AVE MARIA PREPARED FOR: NEW TOWN DEVELOPMENT, LLLP Wi_Miller ...........................,.".. ~~. .........~ .... .I'M__. ....~.::~.'"-""... .,...,.~..._. .....,..",.., .......~..IIr.o~ '-*~........ ---...- ty~\~+ "A ~ l Df:' 4kzJ05 Table 21-1 Development Parameters Phase Phase One Sub Two Sub Total Total Measurement (2006 - (2012 - Final Land Use Description Units 2011) 2016) Total Residential Dwelling Units 6,010 4,990 11,000 Assisted Living Facilities Beds 0 450 450 Retail, Entertainment, Service Square Feet 367,900 322,100 690,000 Professional Office (General/Medical/Financial, etc.) Square Feet 276,600 233,400 510,000 Civic/Community/Miscellaneous (1) Square Feet 115,500 33,000 148,500 Medical Facilities Square Feet 15,000 20,000 35,000 Hotel Rooms 110 290 400 University Students 3,150 2,850 6,000 K-12 Schools (Private and Public) (2) Students 1,120 1,980 3,100 t)t~!\~ \. ~ {t Agenda Item No. 16A 1 April 12, 2005 Page 1 of 38 ,- Sheet 1 of 2 A VESMT2004-AR6248 EXECUTIVESU~Y Recommendation to approve Petition A VESMT2004-AR6248 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the Lake Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2473, Pages 1510 through 1604, Public Records of Collier County, Florida, located within the Cypress Woods Golf and Country Club development in Section 18, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate a portion of the Lake Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2473, Pages 1510 through 1604. ,- CONSIDERATIONS: Petition A VESMT2004-AR6248 has been received by the Engineering Services Department from David R. Underhill, Jr., P.E., from Banks Engineering, Inc., as agent for the petitioner, Cypress Woods Land Holdings, LLC, requesting the vacation of a portion of the Lake Drainage Easement conveyed to Collier County by separate instrument. This Lake Drainage Easement is also known as Master Association Drainage Easements (M.A.D.E.). The requested vacation is part ofM.A.D.E. #11, #13 and #14. The Lake Drainage Easement was established to provide for the flowage and storage of stonnwater from and between the Lake Drainage Easement areas and from Northbrooke Drive. The petitioner has made site plan revisions with minor adjustments to the lakes and corresponding lake maintenance easements which require the vacation of a portion of the Lake Drainage Easement conveyed to Collier County. These minor adjustments have been approved by South Florida Water Management District and Collier County Community Development and Environmental Services Division. The property is zoned Planned Unit Development. Letters of no objection have been received from: Collier County Engineering Services Collier County Transportation Division Collier County Stonnwater Management Section Cypress Woods Golf and Country Club Master Property Owners Association, Inc. ,..........., Agenda Item No. 16A 1 April 12, 2005 Page 2 of 38 Sheet 2 of2 A VESMT2004-AR6248 FISCAL IMPACT: Engineering Services has collected a $1,000 ''Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The easement vacation is needed to eliminate any future title concerns. RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for Petition A VESMT2004-AR6248 for the vacation of a portion of the Lake Drainage Easement conveyed to Collier County by separate instrument; and 2. Authorize the execution of the Resolution by the Chairman of the Board of County Commissioners and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: Rick Grigg, Land Surveyor, Engineering Services Department. Item Number Item Summary Meeting Date Approved By Th(lln;u~ E. Kuc:k, P .E. Community De'lelDpment & Environmental Service.s. Agenda Item No. 16A 1 April 12, 2005 Page :J of 38 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommend3tion to approve Petition AVESMT2004~AR6248 to disclaim, renounce and vacata the County's and the Public's interesl in a portIon Df the Lake Dr"'dinag~ Easement conveyed to C,:>II¡er County by separate instrumenl and recorded In Official Record Book 2473, Pages 1510 trlrough 1604, Public, Records 01 ColJier County, Florida, located within the Cypress Woods Golf and Country Club deveiopment in Section 18, Township 48 South, Range 26 East CoUier County. Flonda 4112120D5 9'00:00 AM CDES Engineeriuu 5(!(vil~c:s; Dìro(:tor Dnte CDeS En\}ine~r¡ng Ser.r¡Ce1+ 3n!2006 8:32 AM Cate Approved By Sandra Lea Community Development & Eu\{¡ronmlmtal Smvic. !s Exec.utivl!: Secretary Community Developmell1 & En:vir()ntn~l'Ital Service~ AdmÎn. 3f7!2005 2:59 PM Date Approved By Constance k Johl1$ol1 C<unnlunity D~"'l!lopmlmt & Environmental Sðrvìcl!!:!ò Operations: Analyst C()IYJrf1unify Oovelo lInetlt &. Environmental Servic~!S. Admin. 3tt4/2005 3;07 PM Date Approved By Joseph K. Schmitt Community De....elopment & Ellvironmet~tal Services Community Development & Environmental Services Admin~trí!ltor Community Dev~lop nent & Environmental Services Admin. 3!1412005 7:11 PM Date Approved By OMS Coordinator Cl>unty M.ul1ugm'G Otfjl:~! AdministrativE! Assistant Of1i(:~ of Maf'lagt!nwnt & Burigl!t 3/1 B;2oo5 8:07 AM Cate Approved By Mark Isaçksol\ County Man,¡]ger'tt Office Budget AI~alyst Office of M¡magement & Budget 3131{2005 9:55 AM OJ_to Approved By Midltl~1 Srnykt)w~ki County Man'~!I~r's. Offh:e M¡¡¡I1"9~nmtJt &. Budget D¡r~cf{ f Offic.¡~ of Mall<l~lt!"'eI1t & Budget 4{4J2UU6 10:26 AM Datt! Approved By James V, Mudd BOiJrd of C( Utlty CommissïohN~ County Manager County Manager's Office 414/2005 2:05 PM Agenda Item No. 16A 1 April 12, 2005 Page 4 of 38 RESOLUTION NO. 2005- A RESOLUTION OF THE COLLŒR COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VESMT2004-AR6248 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE LAKE DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 2473, PAGES 1510 THROUGH 1604, PUBLIC RECORDS OF COLLŒR COUNTY, FWRIDA, LOCATED WITHIN THE CYPRESS WOODS GOLF AND COUNTRY CLUB DEVELOPMENT IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLŒR COUNTY, FLORIDA. WHEREAS, pursuant to Section 125.01 (t), Florida Statutes, David R. Underhill, Jr., P.E., from Banks Engineering, Inc., as agent for the petitioner, Cypress Woods Land Holdings, LLC, does hereby request the vacation of a portion of the Lake Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2473, Pages 1510 through 1604, Public Records of Collier County, Florida; and WHEREAS, the Boord has this day held a public hearing to consider vacating a portion of the Lake Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2473, Pages 1510 through 1604, Public Records of Collier County, Florida; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interests in the following described portion of the Lake Drainage Easement be and are hereby disclaimed, renounced and vacated, and this action is declared to be in the public's interest and win provide a public benefit: See Exhibit "A" attached hereto and incorporated herein. Page lof2 Agenda Item No. 16A 1 April 12, 2005 Page 5 of 38 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of ,2005, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Fred W. Coyle, Chainnan Approved as to fonn and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Page 2of2 1Bunks £n1)ineerin.gt lint. Professional Engineers, Planners & Land Surveyors FORT MYERS . NAPLES . SARASOTA. PORT CHARLOTTE . ANNA MARIA ISLAND Agenda Item No. 16A 1 April 12, 2005 Page 6 of 38 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 48 soum, RANGE 26 EAST COLLIER COUNTY, FLORIDA (M.A.D.E. #11 VACATION) A TRACT OR PARCEL OF LAND SITUATED IN TIIE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 18, TOWNSHIP 48 SOUTH. RANGE 26 EAST, BEING PART OF M.A.D.E. #11 AS DESCRIBED IN OFFICIAL RECORDS BOOK 2473 AT PAGE 1510 OF THE PUBLIC RECORDS OF COLLIER COUNTY. AND BEING FURTHER DESCRIBED AS FOLLOWS: EXHIBIT "A" SHEET 1 OF 6 A VESMT2004-AR6248 COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NEY.) OF SAID SECTION 18; THENCE N.OooOO'51"W. ALONG THE EAST LINE OF SAID FRACTION FOR 1251.36 FEET; THENCE S.89°59'09"W. FOR 764.80 FEET TO A POINT ON THE SOUTH LINE OF SAID M.A.D.E. #~)1, AND THE POINT OF BEGINNING; THENCE S.89°59'07"W. ALONG SAID SOUTH LINE FOR 229.45 FEET TO THE BEGINNING OF A CURVE TO TIlE LEFT HAVING A RADIUS OF 22.00 FEET; THENCE WESTERLY ALONG SAID CURVE AND ALONG SAID SOUTH LINE THROUGH A CENTRAL ANGLE OF 28°41'16" FOR 11.02 FEET; THENCE N.00oOO'43"W. FOR 5.52 FEET; THENCE N.89°59'19"E. FOR 242.04 FEET TO A POINT ON THE EAST LINE OF SAID M.A.D.E. #11; THENCE S.36°00'32"W. ALONG SAID EAST LINE FOR 3.47 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 687.10 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RlGHTS-OF- WAY OF RECORD. ASSUMED NORTH IS BASED ON THE EAST LINE OF TIIE SOUlliEAST ONE-QUARTER (SEV-.) OF SECTION 18, TOWNSHIP 48 soum, RANGE 26 EAST AS BEARING N.Ooo01 '08"W. DESCRIPTION PREPARED FEBRUARY 9, 2004. --r-ï ~- C' ¡J L ~ ~ S:-/8-o-) THOMAS C. SHA , P.S.M. PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATION NO. 4672 SHEET 1 OF 2 S:\Jobs\14xx\1494\SURVEY\BRADFORD LAIŒS\Descriptions\MADEI 1 V AC DESC.doc 6640 WiJlow Park Drive, Suite B, Naples, Florida 34109 . (239) 597-2061 . Fax (239) 597-3082 & ð ~' M U'I ~ ¿,; 8 .... ìž> .... ÌÌf ~ "0 ~ ';l' ::' ~ ! .~ I ~ ~ ~ ~ (t ~ ! i ~ z+ 1'-30' £AST UNé NORTHéAST ONé-QUAl/1f:R (Né}() SéCrrON 18 N 00'00'51' W -----1-- 1257.J6' r I I I'" I~ ¡¡¡ 1<;:0" f: I~ I - - S J6oo'J2" W I EAST"I.IÑi OF ---.. '- J.47 I M.A.D.E. #11 '- I POINT OF '- / BEGINNING Agenda Item No. 16A 1 . 2005 of 38 SKETCH TO ACCOMPANY DESCRIPf~ OFA PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA --+ POINT OF COMMENCEMENT SOUTHEAST CORNER NORTHEAST ONE-QUARTER (NEX) SECTION 18 EXHIBIT "A" SHEET 2 OF 6 A VESMT2004-AR6248 l~ ________ ~ ¡., (:" :'¡ ¡ê~ ¡.'-i 3· II.AD.£. 132 -------- ~. ~ . , AREA OF M.A.D.£. 111 TO BE VACA TED DESCRœnON (MA.OE ¡n VACATION) A TRACfóR PARCEL OF LAND SITUA TED IN THE STA TE OF FLORIDA, COUNTY OF CDWtR, LYING IN SEC770N 18, mWNSHIP 48 SOUTH, RANGE 26 EAST, BÐNG PART OF M.ADE 111 AS DESCRIBED IN omClAL RECORDS BOOl( 2473 AT PAGE 1510 OF THE PUBUC RECORDS OF COLUER COUNTY, AND Bf/NG FURTHER OE:SCRI8f:D AS FOLLOWS: COMME:NCING A T THE SOUTHEAST CORNER OF THE NORTHEAST ONE-OUARTER (NEX) OF SAID SECTION 18; THENCE N.OO'OO'SI'W. ALONG THE EAST LINE OF SAID FRACTION FOR 1251.36 FEtT,· THENCE s'89'59'09"W. FOR 764.80 FEET TO A POINT ON THE: SOUTH UNE OF SAID M.A.D.E. /17, AND THE POINT OF BEGINNING; THENCE 5.89'59'07"11( ALONC SAID SOUTH UNE FOR 229.45 FEET TO THE BEGINNING OF A CURVé TO THE LEFT HA II1NC A RADIUS OF 22.00 FEET; THENCE WESTERL Y ALONG SAlD CURVé AND ALONG SAID SOUTH LINE THROUGH A CENTRAL ANGLE: OF 28'41'76" FOR 11.02 FEET; THENCE N.OO'OO'43"W. FOR 5.52 FEt!; THENCE N.B9"S9'/9"f:. FOR 242.04 FEET TO A POINT ON THE EAST UNE OF SAID M.A.D.E. /11; THENCE S.J6'OO'32"W. ALONG SAID EAST UNE FOR 3.47 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 687.10 SOUARE FEET. MORE OR LESS. SUBJE:CT TO tASEMENTS, RtSTRICnONS, RE:SE:RVA nONS AND RIGHTS-OF-WA Y OF RECORD. ASSUMtD NORTH 15 BASED ON THE tAST LINE OF THE SOUTHtAST ONE-OUARTER (SE:}() OF SECTION 18, TOWNSHIP 48 SOUTH. RANGE 26 £AST AS BEARING N. 00 VI '08"W. LEGEND OR. PC. M.AD.£. OFFICIAL RE:CORDS BOOK OF COLU£/? COUNTY PAGE NUMBER MASTER ASSOClA TlON DRAINAGE EASEMENT SOUTH UNE OF AI.AD.£. 111 <:> ìò ~~ L.j"- c:!~ "'" :Ii'" ~ :o;¡ ~ ~ ,~~ ~% :r; ~ ~t ~ '¡.~ " ',. .~ ~ ~ R-22.oo' 6.#28'4/'16" (-11.02' e l£N~10.90' BRG-N 75'J8'29" £ ***THIS IS NOT A SURVEY··. -z;?i;/[frX 57-/~J PROFESSIONAL SURVEYOR '" MAPPER FLORIDA CERTIFICATION NO. 4672 - THIS SX£TCH IS NOT VALlO IJtfLESS IT B[AR$ THE SIGNATURE ,,"0 ORIGlNÁl fl:AlS£O SEAL OF A. Fl.OR/QA. PROF'£SSlONAl SURIJEYOR AND I.rIAPPER - PREP ARE:D FEBRUARY ~. 2004. PREPARED BY: ifjanks l£nginppring. lint", ENCINEERINC. SURVEYING & LAND PLANNING 8"0 YJU.OW PARk DRtvr. . 9UI'I'E -¡¡- NAPLES. rLOR1DA 34JO'lil Ie., 58"T-2DeJ n.oRmA SURYmNCi BUSDfP,;SS CDTInCATlON f0. 6«190 ~i -- - N 00'00'41" W 5.52' SHEET 2 OF 2 iiauks EU\1iueeriu\1. 3JUt.. Prof essional Engineers, Planners & Land Surveyors FORT MYERS. NAPLES. SARASOTA. PORT CHARLOTTE . ANNA MARIA ISLAND Agenda Item No. 16A 1 April 12, 2005 Page 8 of 38 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLŒR COUNTY, FLORIDA (M.A.D.E. #13 VACATION) EXHffiIT "A" SHEET 3 OF 6 A VESMT2004-AR6248 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER., LYING IN SECTION 18, TOWNSHIP 48 soum, RANGE 26 EAST, BEING PART OF M.A.D.E. #13 AS DESCRIBED IN OFFICIAL RECORDS BOOK 2473 AT PAGE 1510 OF THE PUBLIC RECORDS OF COLLIER COUNTY, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE':4) OF SAID SECTION 18; THENCE N.OooOO'51"W. ALONG THE EAST LINE OF SAID FRACTION FOR 300.35 FEET; THENCE S.89°59'09"W. FOR 176.49 FEET TO A POINT ON THE EAST LINE OF SAID MAD.E. #13, AND THE POINT OF BEGINNING; THENCE N.00oOO'53"W. FOR 650.29 FEET TO A POINT ON THE EAST LINE OF SAID MAD.E. #13; THENCE S.29°46'17"E. ALONG SAID EAST LINE FOR 0.76 FEET; THENCE S.00°14'42"E. ALONG SAID EAST LINE FOR 603.89 FEET; THENCE S.03°29'29"W. ALONG SAID EAST LINE FOR 45.83 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1023.92 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF- WAY OF RECORD. ASSUMED NORTH IS BASED ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (SE':4) OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST AS BEARING N.OooOl'08"W. DESCRIPTION PREPARED FEBRUARY 9, 2004. ;;:::'-bHAç,~SL ~-IPro<1 PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATION NO. 4672 SHEET 1 OF 2 S:\JobsI14xxI1494\SURVEY\BRADFORD LAKESIDcseriptions\MADE13 V AC DESC.doc 6640 Willow Park Drive, Suite B, Naples, Florida 34109. (239) 597-2061 . Fax (239) 597-3082 "- '\ Agenda Item No, 16A 1 Am' 12, 2005 SKETCH TO ACCOMPANY DESCRIPTIONzpe 90f38 oJ"> ~, 9...~ . ......... '" ",'", 8'8 g"t. l1; ~i .a.; <..."~ ,-" . "',"'" C!. 91 ~d~ ~è:~ ;:> it> ~~ "'~ ;"v, ...;>- !;:,~ .l:j~ !"1;;: ~~ t '!!!", -'" , <..~ '^ ;/ è ! ð ;~ ~ ~. /-'. '" ;z.; N ~ èñ AREA OF M.A.D.£. 113 ;!; ¡¡¡ ',V TO BE VACA ÆD ~ ... ÌÌ\' t ~ ~ -r .. ~ !~ I !l' ~ ~ ~ '" ;:...!:i ! ~~ ~",. .~ POINT OF ~ '" BEGlNNlNG B! / 12 ------1------- ~ 176.~9' '" I ' ,,~~. · · ì ~ J POINT OF ~ ~ ::> / COMMENCEMENT ~ '" ~ ! I NORTHEAST CORNER '" SOUTHEAST '§ I ONE-OUARTER (SE14)- ! SHŒT20F'2 SECTION 18 OF .. PARCEL OF LAND lYING IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA· N + EXHIBIT "A" SHEET 4 OF 6 A VESMT2004-AR6248 NOT TO SCALE LEGtND O.R. PG. M.A.D.E. OFFICIAL RECORDS BOOK OF COLLIER COUNTY PAGE NUMBER MASTER ASSOCIA I10N ORAlNAGE EASEMENT DESCR/PITON (M.A.D.£. 113 VACA 110N): A TRACT OR PARca OF LAND SITUA TED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEiNG PART OF M.A.O,E. 113 AS DESCRIB£/) IN OFFICIAL RECORDS £lOOK 2~73 A T PAGE 1510 OF THE PUBLIC RECORDS OF COWER COUNTY, AND BEiNG FURTHER DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHEAST CORNER OF THE NORTHEAST ONE-OUARTER (NE14) OF SAID SECI10N 18; THENCE N.OD'OO'5/"W. ALONG THE EAST LINE OF SAID FRACTION FOR 300.35 FEET,' THENCE S.89'59'09"W. FOR 176.49 FEET TO A POINT ON THE EAST LINE OF SAID M.A.D.£. 1'3, AND THE POINT OF 8EGINNING; THENCE N.OOVO'53"w. FOR 650.29 FEET TO A POINT ON THE EAST LINE OF SAID M.A.D.C. #/3; THENCE S29·~'/7'C. ALONG SAID EAST LINE FOR 0.76 FEET; THENCE S,OO'/4'42·E. ALONG SAID EAST UNE FOR 603.89 FŒT,· THENCE S.03'29'2Y·w. ALONG SAID EAST LINE FOR 45.83 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1023.92 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICI1ONS, RESERVA710NS AND RIGHTS-OF-WAY OF RECORD. ASSUMED NOR/H IS BASED ON THE EAST LINE OF THE SOUTHEAS/ ONE-QUAR/£R (SE)() OF SECI10N /8, TOWNSHIP 48 SOUTH. RANGE 26 EAST AS 8EARING N,OO'01'OB"W. ......THIS IS NOT A SURVEY··· --JL ~F.s.L ~-/e-otj THOMAS c. SHA PROFESSIONAL SURVEYOR '" MAPPER FLORIDA CERTIFICATION NO. 4672 -T1-iI$ SKETCH IS NOT VAliD UNlESS IT BEARS THE S!GNATURE AND ORIGINAl ~AlSED SEAL Œ A FlORJOA PAQF"ESSIONAL SURVEYOR AND MAPPER -PRIYAAEO F'EBRUAR'r' st, 200+. PREPARED BY' 1aanks t£nginttrtng line. ENGlNE:ERlNG. SURVEYING & LAND PLANNING 10010 WlLLOW PARK DJUVI: - sum: ..~ NAPLZS, nmuÐA :WIOt (2U) i5V'1-;!OI1 f'l.Oft]DA SlJRVEYlOO ÐU5IlfESS CEJmP')CATlDN NO. aSiQ ißanks IEnuin££rinu. 11nt.. Professional Engineers, Planners & Land Surveyors FORT MYERS. NAPLES. SARASOTA. PORT CHARLOTTE. ANNA MARIA ISLAND Agenda Item No. 16A 1 April 12, 2005 Page 10 of 38 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (M.A.D.E. #14 VACATION) A TRACf OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING PART OF M.A.D.E. #14 AS DESCRIBED IN OFFICIAL RECORDS BOOK 2473 AT PAGE 1510 OF THE PUBLIC RECORDS OF COLLIER COUNTY, AND BEING FURTHER DESCRIBED AS FOLLOWS: EXHffilT "A" SHEET 5 OF 6 A VESMT2004-AR6248 COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER (SEY4) OF SECTION 18; THENCE 8.00001'08"E. ALONG THE EAST LINE OF SAID FRACTION FOR 250.48 FEET; THENCE S.89°58'52"W. FOR 284.21 FEET TO A POINT ON THE NORTHERLY LINE OF SAID M.A.D.E. #14, AND THE POINT OF BEGINNING; THENCE S.89°54'32"W. FOR 31.21 FEET TO A POINT ON SAID NORTHERLY LINE; THENCE N.82OZ4'31 "E. ALONG SAID NORTHERLY LINE FOR 12.51 FEET; THENCE S.89°09'39"E. ALONG SAID NORTHERLY LINE FOR 14.84 FEET; THENCE S.70044'39"E. ALONG SAID NORTHERLY LINE FOR 4.20 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 35.38 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. ASSUMED NORTH IS BASED ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (SE!4) OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST AS BEARING N.OooDl '08"W. DESCRIPTION PREPARED FEBRUARY 5,2004. ~ ~~s.L :;--IB"o'f THOMASC. SHAW, . .M. PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATION NO. 4672 SHEET 1 OF 2 S:\Jobs\14xx\1494\SURVEY\BRADFORD LAKESIDescriptions\MADE14 V AC DESC.doc 6640 Willow Park Drive, Suite S, Naples, FJorida 34109 · (239) 597-2061 . Fax (239) 597-3082 Agenda Item No. 16A1 . 2005 SKETCH TO ACCOMPANY DESCRIPTfoN10f38 OFA PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA z+ '''.10' EAST LINE SOUTHEAST ONE-QUARTER (SE!t) SECTION /8 S OO'()~ 250.48' -;- I I ,I I I I I VJ "" ~I "". I ~+ I ~I ;I>. ~I I I I I I I / I I POINT OF I / BEGlNNlNG ~ I / S 70'44 '39" E 4.20' +- POINT OF COMMENCEMENT NORTHEAST CORNER SOUTHEAST ONE-QUARTER (S£14) SECTION 18 EXHIBIT "A" SHEET 6 OF 6 A VESMT2004-AR6248 DESCRIPTION (M.AD.E. #'4 VACA nON): A TRACT OR PARCEL OF LAND SITUA TED IN THE STA TE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST. BEING PART OF M.A.D.E. #14 AS DESCRIBED IN OFFiCIAL RECORDS BOOK 2473 A¡:'P;AGE /S10 OF THE PUBLIC RECORDS OF COLLlf:R COUN TY. AND BEING FUR THER DESCR/BED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER (SE14) OF SECTION 18; THENCE S.00·0I'08"E. ALONG THE EAST LINE OF SAID FRACTION FOR 250.48 FŒT.· THENCE S.89·S8's2"W. FOR 284.21 FEET TO A POINT ON THE NORTHERL Y LINE OF SAID M.A.D.E. #14, AND THE POINT OF BEGINNING; THENCE S.89·S4'32"W. FOR 31.21 FEET TO A POINT ON SAID NORTHERL Y LINE; THENCE N.82'24'31"E ALONG SAID NORTHERLY LINE FOR 12.SI FEET; THENCE: S. 89'09 '39 "E. ALONG SAID NORTHE:RL Y LINE FOR 14.84 FŒT; THENCE S.70·44 '39 "E. ALONG SAID NORTHERL Y LINE FOR 4.20 FŒT TO THE POINT OF BEGINNING. PARCEL CONTAINS 3S.38 SQUARE FŒT. MORE OR LESS. SUBJECT TO EASEMENTS. RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. ASSUMED NORTH IS BASED ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (SE14) OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST AS BEARING N.OD'OI'D8"W. L..J c . ~ "'. ~~ VJ ....- !;¡"t; ¡::,..,: ~ CI.. "'- tJ <>:> lJ\ c;~ VJ '" r.,¡ -q:.... AREA OF M.ADE ~ :i'" #14 TO BE VACA TED ~ ::;: Ô NORTH LINE OF ~ M.ADE. #'4 <: ~ ~ ~ o ':E,' >( ~ - ò\ ~ Q N ~ ÌÌì t ><i "', ~ ~ I I I i ¡ ! LEGEJ/O O.R. PG. M.A.O.E. OFFICIAL RECOROS BOOK Of COLLIER COUNTY PAGE NUMBER MAS'ŒR ASSOCYA TlON DRAINAGE EASEMENT "" \ \ \ \ ....·THIS IS NOT A SURVEY"· SHEET 2 Of' 2 ~. ~,S'L S-·/S·¢L1 PROFESSIONAL SURVEYOR & MAPPER FLORiDA CERTIFlCATiON NO. 4672 -THIS SKETCH IS NOT VAUO UNl.£SS IT I!I~AftS THE SIGNATURE AND OOKilNAl RAISED SEAL OF '" Ft.ORI:IA PROf'ESSKlNÁL SURVEYOR AND MAPPER -"REPARED FEBRUARY 5, 2004. PREPARED BY: ~anks 1E:nginuring, lIn.. ENGINEERING. SURVEYING & LAND PLANNING 8840 WILLOW PAJUC DRIVt - SUIT! "3- fUPJ.l'.B, 1LORJDA 34105 (2311) U?-11M1 F'UJRJDJ. SURVEYING SU~!HBS5 CSRTIP'ICATlON NO. 8eso (i) Agenda Item No. 16A 1 April 12, 2005 Page 12 of38 Attachment "C" ( FE~;~.J ] PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Fi" ee, M'T' zt::t:'4 - ¡::; JZ "' Z 4. 8 Date Received: '1- I z.. -04- Petition No.: Petitioner (Owner): CVDress Woods Land Holdings. LLC. Address: City/State: 780 NW 42nd Avenue. Suite 616 Miami. Florida Telephone: Zip Code: 305-774-6546 33126-5538 Agent: David R. Underhill. Jr.. P.E. - Banks Engineering. Inc. Address: City/State: 6640 Willow Park Drive. Suite B Naples. Florida Telephone: Zip Code: 239-597-2061 34109 Location of Subject Property: Location: Section 18 Cypress Woods Golf & Country Club Township 48 Range 26 Official Record Book 2473 Page(s) 1510 Current Zoning PUD Does this affect density? No Legal Description: See attached Reason for Request: We have mad site plan revisions with minor adiustment to the lakes and corresponding lake maintenance easements which require the proposed extinguishment of the easement. These minor adiustments to the property have been approved by SFWMD and Collier County Development Services. ¥ gent above to represent me for this petition: ~Yes ? Signature of Petitioner DNo '1~+ Date David R. Underhill. Jf.. P.E. Print Name Authorized Agent (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Divisiou Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. S:'\JøbIII<4U\I0494\Ou.uncntJ\B1I.dford t..~... VecatiunlI494_Pditiøo-EuenwntEdinpilhmmldoc I L¡'i..1- ":"',r.. ,.J-_ Agenda Item No. 161l1! "=1'<-- April 12, 2005 Page 13 of 38 [LEITER OF AUTHORIZATIONl ."\ The undersigned do hereby swear or affinn that they are the owners of record of property legally described as Cypress Woods . ." " The property described herein is the subject of an application for development. We hereby designate U.S. Home Corporation & Banks Engineering, Inc. as the legal representatives of the property . and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes but is not' . .. and authorizing of agents to assist in the preparation of applications, plans, sustudi necessaIy to obtain all development approvals on the site. Owner Cypre Woods Land Hidings, LLC Reynaldo Mayor - ManaBins Member Printed Name & Title STATE OF FL~~A COUNTY OF øe. Sworn to ~afIinned) and ~efore me this J 4!h-. day of ;-~rn~ ,~ 2002, by mlð 0 . who 1 ally wn to or who has produced . as identification. ro·:\. t<.rI Hueck *iii *Mv COmmilslon CC87U17 " , ,,'-' Ex :lites s.pc.mber 22. 2003 1{0Æ1/ ~LQ1cic Notary Public _1<a(l ~ck (Name typed, printed or stamped) "t" .: :s:\Iat.\14xIL\1~-lO¥InIII'CIicntl<494_~.dœ --_.,~"--,,. Agenda Item No. 16A 1 April 12, 2005 Page 14 of 38 Official Receipt - Collier County Board of County Commissioners CDPR1103 Official Receipt Trans Number 496384 Date 7/19/2004 2:31 :11 PM Post Date 7/19/2004 Nbr Appl Name: BANKS ENGINEERING, INC. Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 6640 WILLOW PARK DR. SUITE B NAPLES FL 34109 proj Name: BRADFORD LAKES Type: T AZ: 19 Subdiv Nbr: 100 Project Nbr: 2003040062 Payor: BANKS ENGINEERING Fee Information GL Account 13113832632910000000 Total Amount Waived 10El(!)¡ÓØ $1()OQ~:OÐ Payments Pa ent Code CHECK AccounVCheck Number 9383 Amount $1000.00 $0.00 I $1000.00 $1000.001 Total Cash Total Non-Cash Total Paid Memo: Cashier/location: GARRETT _5 / 1 User: WILLOUGHBY _C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:7/19/2004 2:31 :40 PM . i .~ 1f#ff"'It~~r~fªlttÁ 1 . ApriI1~~@iì.r\t .. Page 1b'òf3è ""0' ."- Prepared by: Malcolm J. Pitchford, Esq. Abel, Band, Russell, Collier, Pitchford & Gordon, Chtd. 240 S. Pineapple Avenue Sarasota, FL 34236 3000144 OR: 3056 PG: 3138 UCOIDBD ìD OllIcr.u. ueOID! of cot£m COUITY, lL Oi/l7IZC02 at OZ:32P1 ÐllIGHT I. BlOCI, CLBU cars 11700000.00 ae m 2UO DOC-.70 102900.00 Retn: NORT! AKJRrCAI tIft! co . PICK ¡P Tax ID Number or Folio Number of Property: ~:~Ic. ?...r&4.ls, Grantee's Soclaf Security Number or Tax ID Number [SPECI!\L j\lAßRANTY PEEDl Republic Bank, a Florida corporation ("Grantor") whose address is 111 Second Avenue ~ NE, Suite 300, St. Petersburg, Florida 33701, for and In consIderation of the sum of TEN AND ~ NOr100 DOLLARS ($10.00) paid to Grantor and other good and valuable consideration, the . .... receipt and sufficiency of. which are hereby acknowledged, has GRANTED, SOLD and ~ 8 ~ CONVEYED and does hereby GRANT, SELL and CONVEY unto CyDress Woods Land HOldings, ~' .....LJJè...a Florida limited liability company, ("Grantee")whose address is 780 NW 42 Avenue, Suite i ~ 616, MIami, Florida 33126 In fee simple, that certain land located Tn Collier County, Florida, befng JiJmore partIcularly described In f:xhlbit A. attached hereto and Incorporated herein by reference, ; -' together with all Improvements, if any, located on such land (such land and improvements being ~ u. collectively referred to as the "Property"). ~ '1;::0 This conveýance Is made and accepted subject to all matters (the "Permitted ~i 5 ¡ Exceptions") set forth In ExhibIt B. attached hereto and Incorporated herein by reference. 00J U;; TO HAVE AND TO HOLD the Property, together with all and singular the rights and ~ 8 appurtemmce$ pertaining thereto, including all of Grantor's right. tlUe and interest In and to ,... adjacent streets, alleys and rights-of-way, subject to the Permitted Exceptions, unto Grantee and Grantee's heirs, successors and assigns forever. And Grantor hereby covenants with Grantee that, except as above noted, that at the time of the delivery of this Special Warranty Deed the Property was free from all encumbrances made by it and that Grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. Except for the limited warranty of title, GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFfCAl.LY NEGATES AND OISClAIMS AAY RëPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRnTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE. QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER. SOIL AND GEOLOGY, (S) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ~Y AND ALL ACTIVTTIES AND USES WHICH GRANTEE MAY CONDUCT THEREON, (0) THE COMPUANCE OF SB6S04 v.! ._-~"."-"'- Agenda Item No, 16A 1 April 12, 2005 Page 16 of.38 ,--./ OR: 3056 PG: 3139 OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES. ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABII.ITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, IF) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, ZONING AND DEVELOPMENT OF REGIONAL IMPACT LAWS, RULES, REGUlATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE DISPOSAL OR EXISTENCe. IN OR ON THE PROPERTY, OF ANY HAZARDOUS MATERIALS. WASTES OR SUBSTANCES DEFINED IN ANY FEDERAL, STATE OR lOCAL LAWS OR ANY OTHER SPECIALLY REGULATED MATERIALS INCLUDING, BUT NOT LIMITED TO, ASBESTOS, PETROLEUM PRODUCTS, POLYCHLORINATED BIPHENYL, OR RADON GAS, EXCEPT THE WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN. GRANTEE FURTHER ACKNOWLEDGES THAT TO THE MAXIMUM EXTENT PERMmED BY LAW, THE SALE OF THE PROPERTY IS MACE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS. By acceptance of this Special Warranty Deed, Grantee agrees to and accepts all of the forgoIng matters. EXECUTED on the date set forth In the acknowledgment attached hereto to be effective as of the \ ..).. dayof··l.. I:·,k . ,2002. . . '. WITNESSES:' . ~/ ð:i...V1L." . Name: "''-hilt {WI!)'/-- :.... '- Republic BanI<, a Florida corporation By: C:.l; ~~ -. \? C,.~. Gerald P. Ademy. As its Executive Vice President '-- \J <. . ({ ". . " ,~ J Lf.:' ....U.·I'- r...t.\'l ~:rh ¡jA..:.. Name: \<tltv. (!u I·H" I 1'),:, ¡'ú I ~ STATE OF FLQRIDA J COUNTY OF \)\.'t:,'--'-- \...( Ic:~~-,. The foregoing instrument was acknowkdged belore me this i 2... day of' t ,~r, (, . 2002, by Gerald p, Ademy, as Ex~çutive Vice President of R~public Bdnk. a Florida corporation, on behalf of the corporation. . . /.. . , ... I ·f h >, '-- (\ '\' to {I.. \ <.~ \~~.. " \ . Notary Public .' '. . -... ,'. ! Print Name: .(', I,' \~.t f\ -So V-.~\ k 1,,:_ 't::_. My Commission Expires: Personally Known \./ (OR) Produced £dentification Type of identification produced $86504 v.1 ":¿;'F~ (oriel ICarcher .: ...... :'~ rt.7COt,~HI CC9Ð2SaO rosE: - ..::." "'lor 11, 2004 . . -'. .....··.···~·,'1""··".-..ICI.tf"..·t..... '--~ Agenda Item No. 16A 1 April 12, 2005 Page 17 of38 OR: 3056 PG: 3140 EXHIBIT -A" Legal IXscription for C) press Woods Prop.:rt) A par.:el of land located in Section 18 and [q. Township 48 Soulh. Range 26 East. Colli..:r CI,unty, Florid3. being more particularly described as follows: Commence at the Southeast comer of Section 19. Township 48 Soulh. R:IJ1ge 26 East. Collier Coun~·. Florida: Thence North 89c52'''¡7" West. j distunce of 100.00 fecI: Thence North OO~ 10'17" W.:st. a distance of 1343.75 feet to the Point on the Westerly rig.hl-of-wa~" line of I'orthbrooke Dri~e :1S recorded in Plat Book 24, at Page 90 through 92 of the Public Records or Collier Count)·. FloriÜi1. anu the Poinl of Beg inning of the parcel of land herein described: Thence South 89'.19'.13" West, a distance of . 50.oo feel: lñence North 45·12"23" West. a distance of 200.00 feet: Thence North :8"0$'23" WeSL j dislance of n 1.0 I (eet: Thence North 77~SS'38" West. a distance of 536.00 tè:et to the Northeaste:rl~' comer of a drainage casement recorded in O.R. Baal; 365. Page 414 of the Public Records of Colli.:r County. Florida: Thence Nonh 89·55'20" Wtst. a dist.ilnce of 120.02 fee! to the Easterl... rir;:ht·of-wa\· linc of Interstate 75. State Road No. 93. a 324.00 foot right-of-w:lY: Thence North 01~04'OŠ" West. along t¡'~ Easlline: of said ri~t-of-wav line a distance of .JS 1.71 feet: Thence North 00'04'31" E~st alons S< i¡J right-of-wa~' Hne a d~tance 0(332.08 feet: Thence North 00~CN'' 3- EasL along said rje.ht-6f-wav line. j distance of 7207,73 feet to a point on the Weslerr~' ri&ht-of-war IiM of said NorÌhbrookewDrive and tl) a point on a cun..c to the left havinr.; a radius of 15.50.00 ti:ct. a cc:ntral angle of29~' 4'J3·, a tangenllenSlh of" 11.51 fo:.:t. a chord bearing of South 16;02'33" Easl. and a chord length of 795.46 feet: '!'hence along Ihe arc of said curve. an an: length of 804,46 feet to the point oftange:n(;~' of said curve: Thence South 30'S4'. 0" East, along said Wester!)' righl-of·way line a distance of 467.79 feet to the point of curvature ofa curve 10 th'e right. having a radius of 1450,00 feet, a cenler I1/1gl.: of J I =00'00", a tangent len~rh of -102.1 2 fe.:t. a churcJ bæing of South 15"24'40" East.. and a chord length o{ 774.99 feet: Thence along the arc of said curve. an arc length of 784.53 feet to the point of langency of said curve: Thenc.: South 00·05'20· West. along said Westerly right-of-wa~' line a distance of 2929.17 feet to the point of curvature of a curve 10 the left. hllving a radius of 1550.00 feel. a central angle of 30·46'36", a tangent length of 426.60. a chord bearing of South I So 17'58" East. and a chord length of 822.62 feet: Thence along the arc of said curve, an arc length of 832.59 fee: to the point oflangenc): of said curve: Thence South 30'4 ('15" East. along said Westerly righI- of.way line a distance of 585.37 feet to the Point of curvature of a curve to the right. having a radius of /450.00 feet. a cenrnl angle of 30·30'59" a tangent length of 395.5" feet. 3 chord bearing of South IS·2S'46" East. and a chord length of 763.19 feet: Thence along the arc o(said curve. an arc length of 772.29 feet to the point ofrangenc:y of said curve, thence South 000 0' 17" East, along said Westerly right- of-way line a distance of 1651.82 feel to the Point of Beginning. AND Commencing at the Southeast comer of Section 19, Township 48 South. Range: 26 EMr. CoUier Coun~·. Florida; Thence North 00" 10'17" West. a distance of2656.20 feel to the Northeast comer of the Southeast 1.'4 of said Section 19: Thence North 00· I 0' 12" West. along the East line of Ihe Northeast 1/4 of said Section 19 a distance of 339.88 feet to a point on the Easterly right-or.wa)-· line of Northbrooke Drive as recorded in Plat Book 24 Pages 90 through 92 inclusive of the Public Records of Collier County, Florida. and the Point of Beginning of the parcel of land herein described. also being the Point or Curvarure of a curve to the left. having a radius of 1550.00 feel. a cenlral angle of 30·30'59", a tangent length of 422.82 feet. a chord bearing of North 15"25'45" West. and a chord length of 81 5.82 feet; Thenèe along tht an: of said curve: an arc length of 825.54 feet to Ihe Point of Tangency of said curve: Thence North 30°41'16" West. along said Easterly right-of-way line a distance of 585.37 (eet 10 the Point of Curvature of a curve to the right having a radius of 1450 feet, a central angle 0(30°46'38". a tangent length of 399.08 feet. a chord bearing ofNonh ISo 7'58" West, and a chord length of 769.54 feet; Thence along the arc of said curve an an: lenglh of778.87 feet 10 the Point of Tangenc)' of said curve: Thence North 00'05'20- East. along said Easterly right-of.way line a distance of2929.17 feet to thc Point of Curvature of a curve to the left. having a radius of 1550.00 feet. a central angle of 3 ·00'00". a langent lenglh of 429.85 feeL a chord bearing of North 5°.24'40" West, and a chord length of 828.44 feet; Thence along the arc of said cur'it. an arc length '~. Agenda Item No. 16A 1 April 12, 2005 Page 18 of 38 OR: 3056 PG: 3141 - I .......-- . of 838,63 f~et to the Point of Tangency of said curve: Thence North 30·54'40" West along said Easterl)' right-or-wa)' line a distance or 467.79 feet to the Point of Curvature ora curve to the right having a radius of 1450.00 feet. a central ang.!e of 31'00'00". a tangent length of 402.12 feet. a ch\)rd bl:aring of y..;onh 1.5'24'40" Wese. and a chord length of774.99 feet: Thence along the arc of said curve. an arc length of 784.52 feet to the Point ofTangency of said curve: thence North 00·0-1'14" East. along the E;uh:rly line of said Northbrooke Drive. a distanc:e of 744.08 fe~t to a point on th~ North line of .çaid 5.:ction 18: Thence South 89=03':;2" East. along the North line of said Section 18. a distance of (371.43 lèet to the Northe;ut comer of s¡¡jd Section 18: Thence South OO=OO'S I" East. along the East line of (he Northeast 14 of s¡¡id Section 1 S. a distance of 2656.78 feet to the Southeast comer of the Nonheast 1.'4 qUõ1rter of said Section 18; Thence South 00·01'08" East along the East line of the Southeast 1 '4 quartc:r of said Section 18. i1 Distan<:e of2657.04 feet to the Sou(heast comer of said Section 18: Thence South 00' I O':?3" E4st. IIron~ the East line orthe Northeast 1!4 of Section 19, a Distance 01'23 16.13 fc:c:t co th~ Point of 8eginnin:!. ~ LESS AND EXCEPT THE FOLLOWING PARCELS: Units 101. 101.201. 202.104. Buildim! II; Units 101. 103. 10·t 101. Buildin~ 12: UnilS 101. [02.201. 103. Building 13. in CYPRESS TRACÈ I. a condominium. according to the D<"Claration of Condominium r~cord~ in Oftichl1 Records Book 2516. Page 3374. Public Records ofCollic:r County. Florida. t'nics 101. IOJ.101. 20~. 203. 20..;' Building IJ: Units 101. 102.103.104.201. 202. 203. .20-1. Building 13: Cnils lOr. 102. J 03. 104, 20 I. 10J. Building 16 in CYPRESS TRACE II. a condominium. according 10 the: Dc:claratiCln of Condominium rc:cordc:d in Of/kial Records Book 15~4. Page: 566. Public Records ofComer C ount~. Ft-'rida. tnits 101. 103.203. Build;n!! 6.2: CoitS 101. 102.201. 201. 203. Buildin~ 6.3: in LAliREt GREE:'\S. a condominium. according to tj,~ D.:clar~tion oi' ConcJÙr:1inium rc:cord.:d ¡; Or1ici:z1 Rc:cords &'ok 1533. Pa:;e 849. Public Records of Collier Count)', Florida. L'nits 101.202. Building 67: Vnit 102. Building 68: Unia 10 I. 10:.201.20.2, Buiklill:; 6Q: lnir. 101. 102. 101. 102. Byj]dinl! 70 in GRASD CYPRESS I. a condominium. accordjn~ 10 tho: Dc:c!~:iun or Condominium n:c;"deå in Orticial Rc:corcis Bo,,¡'; :!538. Pago: 15JO. ?ubljc: R~~urd$ (IT Colli:r C"unr:. Florida. lots 116. IJ!. 143. 14~ irl JASMINE LAKE. ~ccordinl! to Plat Book 3.2. Pat!O: 12. Pubh~ RO:~l)~ds oJ:' Comer Co!.:nt)'. Florida. ~- ""-,-. ,- Agenda Item No. 16A 1 April 12, 2005 '.-' Page 19 of 38 tit OR: 3056 PG: 3142 *tt EXHIBIT B TO SpeCIAL WARRANTY CeeD PERMITTED EXCEPTIONS TO DEED 1. Rights of parties in possession, if any. 2. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records as of the date hereof. and the consequences of any law. ordinance or governmental regulation induding, but not limited 10. building and zoning ordinances. 3. Defects. liens. encumbrances, adverse claims or other matters 1) not known to the Grantor and not shown by the public records but known to the Grantee as of the date hereof and not disclosed in writing by the Grantee to the Grantor prior to the date hereof, 2) resulting in no loss or damage to thè Grantee; or 3) attaching or created subsequent to the effective date hereof. 4. VISible and apparent easements and all underground easements. if any. the existence of which may arise by unrecorded grant or by use. 5. Any and all unrecorded leases. if any. and rights of parties therein. 6. Taxes and assessments for the year of closing and subsequent years. 7. All valid and enforceable covenants. liens. encumbrances. detects. easements and other matters. if any. as shown on the public record. 8, All matters which WCXJrd be disclosed by an accurate survey performed as of the date 01 this Deed. 9. All matters refleCted under Schedule B-II of that certain commitment for titfe insurance issued by North American Tit!e Company as agent for American Pioneer TiUe Insurance Company, as Commitment No. CM-1.Q31S-03-4968, bearing an effective date of May 15, 2002. (M]P:PM: 10952-30) ""'---~""---.- :I:t..t~ I2U M E¡...l T "T1-11=J.' \ C. Ze:¡:::¡ ï.E.D E:R~E: IYt ëlo..lT5 1 April 12, 2005 Page 20 of 38 2386949 OR: 2473 PG: 1510 DeOlDlD in ourcm BeaRDS of eOLLlIR COURT!, !L ID/23/98 at 11:1ZA1 DIIGH1 I. BROCI, CLIRE oem DOC-.10 com s KISC 129.00 .10 95.00 1.00 Reta: LAKE DRAINAGE EAsWM WOODS GOL! ¡ caron mr·tßmm AVB IlAPLRS rL m 04 THIS LAKE DRAINAGE EASEMENT is granted this \~~day of October 1998, by NORTHBROOKE DEVELOPMENT, LTD., a Florida limited partnership, whose addre3s is 4158 Lorraine Avenue, Naples, Florida, 34104, hereinafter referred to as -Grantor* to CYPRESS WOODS GOLF , COUNTRY CLUB MASTER PROPERTY OWNERS ASSOCIA- TION, INC., a not-for-profit Florida corporation, located at 4158 Lorraine Avenue, Naples, Florida 34104 ¡-Master AssociationU) and the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, located at the Collier County Court- house Complex, Naples, Florida 34112 ("Collier CountyW) . WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($lO.OQ) and other good and valuable consideration, the receipt whereof is hereby acknowledged. does hereby grant and convey: 1. To the Master Association and Collier County, their successors and assigns, a perpetual and non-exclusive drainage easement for the construction and maintenance of drainage faciliti~s, together with any necessary appurte- nances incidental and necessary thereto, over, across and through the real property described in Exhibit -A- attached hereto and made a part hereof (-~ake Drainage Easement AreaN) , together with free ingress and egress across said drainage system and appurtenances contained therein. The Master Associa- tion'~ and Collier County's rights granted herein shall be exercised in conjunction with the rights granted. 2. To the Master Association and Collier County, their successors and assigns, a ~erpetual and non-exclusive drainage easement to use the above described l~ke Drainage Easement Areas to provide for the flowage and storage of stormwater from and between the Lake Drainage Easement Areas and from Northbroooke Drive, according to the plat thereof recorded in Plat Book 24, Pages 90 through 92, of the public records of Collier County. Florida. 3. Although the easement granted herein to the Master Association and Collier County is non-exclusive, should any easements over the same property be granted, subsequent to i::.he-aate of this easement, -1;he -'Ì1òl-der-of- any -such subsequent easement shall be required tÒ obtain approval from the Master Association and Collier County for the use of the Drainage Easement Areas, unless the rights of Collier County are not impaired, then only the Master Association shall have the approval right. Such approval by the Master Association and Collier County will not be reasonably withheld or denied. 4. The rights granted to the Master Association and Collier County may be released or moåified by a written, recordable release executed by the Master Association and Collier County, unless the rights of Collier County are not Agenda Item'No, 16A1 April 12, 2005 Page 21 of38 impaired, then the rights may be modified by a written, recordable modifica- tion executed by the Master Association only. S. Collier County will not have any maintenance responsibility for the drainage facilities. IN WITNESS WHEREOF, the said party of the first part has caused this agreement to be signed in its name by its proper officers, and its corporate seal to be affixed, the day and year above written. Signed, sealed and delivered Cif;. e presence o~" I' X i . óJukA... Signature) . ~ fulE~. eft ( ine Na GRANTOR: NORTHBROOKE DEVELOPMENT, LTD. a Florida Limited Partnership By: president By: r. A ! .)rv (Print: Name) )55: C) :::ø I'o.:t o.þ. -..;¡ (....> "'"Ô c::;-:a ......... IjtJ (.,.n ......... ~ STATE OF FLORIDA COUNT'{ OF COLLIER The ~ J£egolng Lake Drainage Easement was aèknowledged before me this day of october, 1998 by Frank W. Cooper as Vice President of BONITA GRANDE HOTEL CORPORATION. Sole General Partner of NORTHBROOKE DEVELOPMENT. LTD. a Florida Limited Partnership, He is personally known to me or has produced as identification and who did (did not) take an oath. ~- cowmission Expires: of Florida Q) ~CSMON .. MY~'CC'/\'lI651 DI'M: .....,1. 21101 ..... _-.. NIc.......... .- L() co «0(") coo_ ...-NO o N-gJ Z"- -OJ E':: 0) Q) a. ro .::::«D.. ro -0 c: Q) 0) « ~ ø... CV"') r-- ~ C"'-..J JÞ'if.JØMI~~.:td.~_1IOIJ.:)T S ~_ØWM7MXt~1BJ.J. A3JNiAfff8 W MJX1!J ~ mIL I SUl-atJ (UIII 011'" Ma'IO'Ii ........ "Q4111 DdH1rW...... ~ aøwnt if CIIfO~S1IIIIr I , I , , I I , ' , , ! ! ~! I , It ~ : i~ \ 'I' \. \ , \ \ i \\ ~ I '. '. 1~7m \ 'v.: , ) '. !~\ I C(7ØY'" ., If_S_¿~'''''''''trW , \ (J.'III-,A-- w. .IID').M.J.:wMI : \ \ /~""'-- I'.''/" : \ \ 'I" . . ';JW " I 7~ ! (:.> I! ~-=uw 'IiJIIC UØ -'v I /W"_'___"'_ 70"'" ~ I': I ~.ß;I""" TO.., ~AI~~ ';IIV~ \ t/1U17f O~ 6t L Ell : i : : I .' ¡.' I i J.?J{$ c---.J - Lr) - ø:::: ~ .-..- /M'-ZW1 ~..... zlQtllUþJ ....".n ;JII'WW S»¥~ -,"" - - _7>0 QÐnO,þ kDI "'\PM ....VII ~"*I PtJ. Clt»fJOt'O«fJOf . ~r.........I .œ. ..' .77Y:)S S 3*M N ... ""J. rw ~ .. .. 'II ~ ,. i ~.'.' .. ',.. --~- I; J i f. ~ f. ; .., G '!' ~ ~ ~ ~ f 0'1 ~ ;: ;;:; I:: ... ;: .:¡ ~ <> .. ... 5; ~ ... ;: ;;¡ <t ... ;: ;;¡ .. ~ <> ;: ·,,"..:.~..,T···· '''''. ,....L1?OO ( 1:) (") )..... .'oJ 0 'Ñ(") ~..-N -(1) E':: c;¡¡ (1) 0.. ro ::::::<:a.. ro -0 c (1) c;¡¡ <: ,--. ...... 'ó' ..- . ,.... ..,..... ..~;'.".. ..~ .--' , :"".,"", .~:...:.. ,,~., . rr-------------------r ¡ ¡ : I . I i i : I . Ii ~ ¡ ~. '\ i · \ I I . · . . · , ! I , , I . I I , I : I , I I , , I I I I · · I , , I · · I · , I · · I · , I · , I · , I · , I , ;: . ~ ! ~ . t: I , ~ ' ~ I ... : ~ I ~ · , I , I · I I · , I · · I · · I , , I · · I · · I · · I , , I · ~ I ! I ~..u~ : I ßQ' YIJOlJS os MD'U' AI WUf/VIEW · · I · · I : " ! j · I , · I , · I · · . -*, 5 $CAI.£; ,.. ltJ<1' ............, ............. ,,.,,,,,lMIiIt1Ø _ __....y _ IUIO 11(_0 U1iIlIIJ ,..0: _,IIf_' ,.... /lOll' ",__ .A.OIC. ............. ~ tAltWIf' .... --- ..: - ,... - - - ,-.. "AI ... _ IOlIØ "I £ ~_~,,1A:IØIIDtr II' ............ ,...... u __, ª ~ , .Þo · --.:I I <..A> , · ""Ø I ~ I · I ....... ~ · ...... , c.....> I , · I · · I I · · I SHUT J or ~ .... ......081... . _IIIC. t... ........... .,........... "",..tNf ,.,·,2U IMI1'BI NJ8ØC'MnoH.CIIIIAØ4GI! M~wrr = i , ¡ f; .cnoN_~~.&WT I ~ BBLS SURVEYORS & MAPPERS INC. 14848 OLD 41, SUITE 4 NAPLES, FLORIDA 34110 TELEPHONE: 941-597-1315 FAX: 941-597-5207 MASTER ASSOCIATION DRAINAGE EASEMENT ##11 A PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUN1ì', FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT -mE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE 5.00°00'51"£., ALONG THE EAST LINE OF TIlE NORTHEAST QUARTER OF SAJD SECTION 18, A DISTANCE OF 1405.42 FEEï; THENCE S.89°59'09"W., A DISTANCE OF 764.79 FEET TO TI-Œ POINT OF BEGINNING OF THE PARCEL OF LAND HEREiN DESCRIBED; TIŒNCE S.89°59'07"W., A DISTANCE OF 229.45 FEET TO THE POrNT OF CURY A TURF OF A CURVE TO THE LEFT. HAVING: A RADrus OF 22.00 FEET, A CENTRAL ANGLE OF 90°00'00", A CHORD BEARING OF S.44°59'07"W. AND A CHORD LENGTH OF 31.11 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 34.56 FEET TO 11iE POINT OF TANGENCY OF SAID CURVE~ TIlENCE 5.00000'53"£., A DISTANCE OF 77.31 FEET; TIIENCE S.12°05'40"W., A D15T ANCE OF 10.49 FEET; THENCE 5.36° IS'45"W., A . DISTANCE OF 10.49 FEET; TIiENCE S.S4°49'SO"W., A DlSTANCE OF 21.76 FEET TO A POINT ON A CURVE TO TIŒ RIGHT, HAVING: A RADIUS OF 62.01 FEET, A CENTRAL ANGLE OF 89"51'55", A CHO'RD BEARING OF N.75°50'40"W. AND A CHORD LENGTII OF 87.59 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 97.25 FEET TO TIIE POINT OF TANGENCY OF SAID CURVE; TIIENCE N.30054'39"W., A DISTANCE OF 59.77 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADnJS OF 1440.00 FEET, A CENTRAL ANGLE OF 06«>26'05", A CHORD BEARJNG OF N.27°41'34"W. AND A CHORD LENGTH OF 161.64 FEET; THENCE ALONG THE ARC OF SAJD CURVE, AN ARC LENGTH OF 161.72 FEET TO TIlE END OF SAID CURVE; THENCE N.28°52'13"W., A DISTANCE OF 20.81 FEET; THENCE N.18~5'24"W., A DISTANCE OFl9.:S1FEET;~THENC£-N;08~7'29"W., A DISTANCE OF 23.53 FEET; THENCE N.19"58'14"E., A DISTANCE OF 22.64 FEET; THENCE N.58°22'31"E., A DISTANCE OF 26.68 FEET; THENCE N.75°14'49"E., A DISTANCE OF 30.72 FEET~ THENCE EAST, A DISTANCE OF 139.69 FEET~ TIlENCE S.68°44'11 "E., A DISTANCE OF 57.27 FEET~ TIŒNCE S.63OZS'10"E., A DISTANCE OF 34.87 FEET; THENCE S.70000'16"E., A DISTANCE OF 31.54 FEET; TIIENCE S.S3D24'49"E., A DISTANCE OF 36.60 FEET; TIIENCE S.76°59'49"E., A DISTANCE OF 57.96 FEET; THENCE 5.71°33'12"E., A DISTANCE OF 37.83 FEET; THENCE 1 o :::a I"-J .Þo ~ <..ù ~ Ç) ~ (..J'1 0$:::10 .p.. ~ .'. "~'''':' ," .~.",......... ,. ø··... .."..> ..<.,.,' ." .. r' ' S.5S049'20"E.. A DISTANCE OF 51.72 FEET; THENCE S.30056'48"E.. A DISTANCE OF 38.50 FEET; THENCE S.03OJ4'26"W.. A DISTANCE OF 28.83 FEET; THENCE S.36000"32"W.,. A DISTANCE OF 26.45 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 2.11 ACRES. MORE OR LESS. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 18. TOWNSHIP 48 SOUfH, RANGE 26 EAST. COl:..LIER COUNI'Y. FLORIDA., AS BEING 8.00000'51 liE. THIS PR.OJ?ERTŸ IS St:J.BJEcT TO EASEMENTS, RESERVATIONS. OR RESTRICTIONS OF RECO¡m: . . iL:o.A ~. 09/17/98 KRIS . SLOSSI;R, STAtE 'OF: FLORIDA, (p.S.M#S560) BBLS SuR\ŒtÓR$ &. ~ INC. (L.B.#67S3) MADE1 UAM PROOFED D~09'UM '. ~ (SEE ATIACHBD SKETCH) 2 -. _.....'!.- _.j .,' .. .... .. ...;.:, ...'...... -.' ...... ':- ~...~ - - - I ._.... .... c::> ~ r-...> ..ÞO ~ ~ .-c c;":) t-I> ~ ..c:::. ~ w*, s LINE TABLE Lin" Beot'ing Dislanœ LI 5.1'S6:48~ JlUO' ß s. -oo~ . 26.45: 5. '49 51.72 1.__ 5.M~Ì-~~ 28.83: 1.5 S.OOt1O ~ n..p L6 N..JO~;!9 . , r1."6¡: L7 N..1O 4 'fO"1v. L8 5.54 "49'50·W. få~;: L9 S. 12TJ5' 4D'w, LlO ·¡g,.·...í '~4r L" S. 6'59"49 I.'~ H. "2 '.1, J6:~8: 1.1 N.n.,'1:49 . O. "} Ll4 5. 700026 ~.i} p5 S.i.J"25,t0 . 16 ~ ~'''471 1Hb: Lt7 8 '1" 'f9 II! Ll8 S 7t ~'l&'r, .17.8J: L'9 Ñ.28 I Ii: 20.8', L~O N,'87 1!4Z '9.81, L I N.O'~ ,'29 II! ~.1,5J . L "} H.' '''"f. 2.64 SCALE: I· - 100' ,..-.., 1.........1 . W If#" INS DIÞ<_ ..., """1: _ IIIDIIŒI> LCZHI Þ.CIIC 1'Vf/IIT"~r '.GA NMr , ....-.c IU.&L ............... ~ CAIIIO'r CIA CImC:IIII.~_ JII:. __ - - - .- ".8 rur ... ..,. ..., ~ur. ~C" ",.rrr CA"""" IlL_- a.< _-. ~D.c. I<E- ~ .111:_ " "':z&-3~* "1'7 I I I~ L~ ~r ~ ~~I ð VI'" ~-f ~ ~~II ~ .:s S \<¡ ~g ~ .1 ... "'I I;) ... J ~ '''¡ _~II- ~,~~'5~~':!!: _ !.~,,:!~.__ P.o.B. E:Asr IJ9.69 N.A.O.E:." 1 IC'I CURVE TA8LE NO. RADIUS DEl. rA ARC rANGfNr CHORD CHORD BfARiNG , 62.0f' 89'S 1 '55" 97.25' 6f.86' 87.59' H. "'SO·W"w. 2 22.00' 9000'00' ~56' 22.00' "f.1/' $ oU'59'07"w. .1 1440.00' 06'26'05" '61.7Z' lK1.9S' 16F.6'" N.Zr""J"·w. YHJS lIS A ØJJIWlE'if 1IItlJ:'r:H7Þ.i~~~ IJIØCRIIII11'1J ....... ...._~...._..,......,..'.' ... "IIIlf, . ·.ÐtIIr '. auøY,' . ..' . ...~a.... __IIIC. ................ #IIU'UIIPo ~ ...#Nf ...... ....- t..TI ~ c:r. C> :::ø r-..> 0+=0- --.:I c-> Þ'CJ" ~ --'_.._-._-~ BBLS SURVEYORS & MAPPERS INC. lS02·A RAn.. HEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 941-S97-1315 FAX: 941-597-5207 MASTER ASSOCIATION DRAINAGE EASEMENT #13 A PARCEL OF LAND I.OCA TED IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EA';T. COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT 1HE SOUTHEAST CORNER. OF nœ NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N.00OOQ'51 "W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 284.02 FEET; THENCE S.89°59'09"W., A DISTANCE OF 177.49 FEET TO THE POINT OF BEGINNING OF TIŒ PARCEL OF LAND HEREIN (\ DESCRIBED~ TIŒNCE S.07°32'OS"W., A DISTANCE OF 36.34 FEET; THENCE S.38°17'43"W., A DISTANCE OF 15.19 FEET; THENt."'E S.69°11'02"W., A DISTANCE OF 8.69 FEET; TIlENCE N.8soS6'40"W., A DISTANCE Of 12.38 FEET; THENCE N.67°05'10"W., A DISTANCE OF 13.61 FEET~ TIŒNCE N.40051'4S''W., A DISTANCE OF 22.96 FEET; THENCE N.24°26'57"W., A DISTANCE OF 25.07 FEET; THENCE N.17°49'21"W., A DISTANCE OF 81.99 FEET; THENCE N.18°27'23"W., A DISTANCE OF 67.33 FEET; THENCE N.08°3S'47"W., A DISTANCE OF 62.52 FEET; THENCE N.03°33'33"W.. A DISTANCE OF 70.40 FEET; THENCE N.02°44'4S"E., A DISTANCE OF 108.38 FEET; 11ŒNCE N.02°49'25 "E.. A DISTANCE OF 57.80 FEET; THENCE N.09°43'13"E., A DISTANCE OF 80. 34 FEET~ THENCE N.12°48'5S"E., A DISTANCE OF 61.49 FEET; THENCE N.22°46'28"E., A DISTANCE OF 60.21 FEET; TIfENCE N.32~'02"E., A DISTANCE OF 4505 FEET; THENCE N.56°52'J2"E., A DISTANCE OF 21.44 FEET; THENCE N.79°30'09"E., A DISTANCE OF 14,11 FEET; TIIENCE S.6so22'40"E., A DISTANCE OF 14.98 FEET; TIffiNCE S.29°46'17"E., A DISTANCE OF 11.63 FEET; TIŒNCE S.OOoI4'42"E., A DISTANCE OF 603.89 FEET; TIŒNCE nS.03~9'29'!W.,~:A.::D1ST-ANCE{)F -62.~{)FEET T-O-:rHE-P-OINT OF BEGINNING. PARCEL CONTAINS 1.81 ACRES, MORE OR LESS. ~ 1 C) ::=t:::I r--.> .þ. --.J c.....> ~ ~ f--" <...rt <...rt c:::::> Agenda Item No. 16A 1 .:-.:.... ;¡~"..,. ..i~~q~~~~ 1Qnm E.A&rL~ 9f THE r1QtlTHEAST QUARTER OFSECI10N ,';;;. .;\ ·~t1~~~;4~SOUTH, RANGE 26 EAST~COU,IER COUNTY FLORIDA, AS BEING r~~[~:;r;;;'~,~~~f:~!:::; "" ',~:" '~~~~B!tn-J~'!;r.~.œer TO EASEMENTS. RESERVATIONS, OR RESTRICTIONS OPR'J.tt~<··~·~-- ~~.. ~ '. ':::!~Jx~:~l;:;'~ :;: < .~¿pf~ji~ .',' :. . ·;}·;;;.··)':~f~¡: ., ·)~,¢~·oi:"b~ 09/17/98 .'j:U~~~~~·d;ii~~.'~ð::re:ØF_fLORIDA, (PSM#SS60) ;·::;?/i::;.>:~BBßS:-«.ðiS &:MAPPERS :INC., (L.B.#6753) ·'·:·.~t.·'~.·¡~.·.'f~.'~~.~;l~.r~.,'.'Yl.f~~~~,t-·· " ;~~.j<~~ ~ :';. ,'; - ," c..' ~;..' '. -, ., .~ i:. - ~~~ . . ,"~ ".... ..;..... : ;~4:~i· . i..,- .:~:'.: ~ . ~ .,.~. '. .. ..:::, . -:. '.'~' :~i-~~i~~::> ':,. ~ ':, :;¡:~.~k~·~·:" !11'~ 1:~~fl,~~:,: ·Iilt; ". :. "'~'. .,,'" " . .:::;.: :., .. (SEE ATI'ACHED SKETCH) 2 . 0', .' '.' ~ .... ,. .1, ~ .; ,:i..; ;. -:'..- C) ~ ~ .¡:::. -.:::J L.) ~ c:,;:, ........ (.J1 (.J1 ....... -,,"-" 'W; ~...: -~:- --'. ...~ -,- ;..~,:,;¡::nf '/:~}"~'<~:1 ~ ;:.1'''- .....i '. .~. _,J ;' ";,.: .1.;' . ~ a i "') - ¡.i , ~ ;- ~ .. Q 8 c( OJ :i ~ !: ~, r -",' r'~ >~i'~'-' ...~]:l.;~].~:J :~. : 'tt/)"':'f;,'" , ~:i~ .~~·i·~~~;~·~::;~~ :?;,,;~;~~,~;~, f .~. , ~ .. P.O.8. ~ ____J!.____....j ~ I 'I' ~- . <0 !II" w'" ii\C!) I ~ "'I:i~ :~I~J:. ;¡: '1 - ~iì ~~ loJa ",I::: IXI~ .!I:~ P.O.c. ~I:':¡ j>¡ $.£. cåkN£R.Dr THE IW N.~. 1/4'OFS£C71ON 18 rottfttSHfP ~. SOUTH. RANGE .co EAST , 18 ..; .,.. ~ .~ '.' ~." ·-~~..:t~· ,....;: . '0;.," ;. ' . . 'ir. ~:. -',' ",+ ,.~ : ~. --.,~. IOM~~ 'li"UNiJ¡"nvp':~~~"'ß:1f' . .. ~ :; : . , .. 'r "*, s $CAU'; I· ~ 1110' ~ -...... ø fIT _ INS 011_ IOAT ",,11111[0/ IIÐJUŒD UIZMI '-lie:. "." tIT ........" ~,... _rtl!__ ......,t. ..,........."........ t'AIPoDr' ... 4I'ID'IL ~__ '"' .- - - - -. ". """... .... --' "UL ....-.c ..,.,. ,,....,, U ........... £,tII'ICIIr' IIr. ...... &iUllGrr LINE TABLE Lintl B~ÌI'''} Dislan;;tI LI N.08"J!J:47;W. 6$..'2; II k89"5JP.~.W. 17.49, .2U ì .W, li07, N. I .w. 8di·, N.I ~g~,~ N'ß~~ 2f$6. ~:6 ,tl L ~: If! i ~JiJ I.~, ~~ ~: §: 14 N. '4 '~~ 61'1." dj Ñ. '.,' . ~gg: .<:;::) . .~.~ M~ w. I . :::ø LI "iI., 2'~2¥ 0.40: LIt! 4S.jS, t'9 ! ~19. 60. " .~ " 63, lli !~ . '4,98, ~ N:~~2~2 . 1H~' ~ c....;,) .,., Q ¡.-.a <...n c..:n ~ <'IIIiU"""~.- J _~ ,;:. iiib1ilï.iiitÄDä:tíä ,?~~""'.¡¡'¡¡;¡'._. ?' ,. .. -., " ..........~ '. "~'. .. RBIS SURVEYORS & MAPPERS INC. 14848 OLD 4 J, SUITE 4 NAPLES, FLORIDA 34110 TELEPHONE: 941-597-1315 FAX: 941-597-5207 MASTER ASSOCIATION DRAINAGE EASEMENT ##14 A PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTIŒAST QUARTER OF SECTION 18, TOWNSHIP 48 SO~ RANGE 26 EAST, COLLIER COUNTY, FLORIDA~ THENCE S.OOOOl'08"E., ALONG THE EAST LINE OF THE SOurHEAST QUARTER OF SAID SECTION ]8, A DISTANCE OF 333.45 FEET; THENCE S.89°S8'52''W., A DISTANCE OF 278.51 FEET TO THE POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; TIlENCE S.57°44'36"W., A DISTANCE OF 53.26 FEET; TIŒNCE N.58°10'OS"W., A DISTANCE OF 7.90 FEET~ THENCE S.70053'30"W., A DISTANCE OF 33.61 FEET; TIlENCE S.57°35'12"W., A DISTANCE OF 3J.96 FEET~ THENCE S.20048'04"W., A DISTANCE OF 11.32 FEET; TIlENCE S.06°58'42"E., A DISTANCE OF 54.32 FEET; 1HENCE S.22°52'27"W., A DISTANCE OF J 5.1 5 FEET~ THENCE S.Oso06'50"W., A D1ST ANCE OF 64.81 FEET; 1HENCE S.27°11'36"W., A DISTANCE OF 26.91 FEET; THENCE ~.46°2S'49"W., A DISTANCE OF 23.95 FEET; THENCE S.66°14'32"W., A DISTANCE OF 19.61 FEET; 1HENCE N.86°1 8'43 "W., A DISTANCE OF 13.11 FEET; THENCE N.sS~7'26"W., A DISTANCE OF 106.64 FEET; THENCE N.43°44'SO"W., A DISTANCE OF 29.83 FEET; THENCE N.21°42'13"W., A DISTANCE OF 22.82 FEET; THENCE N.Ooo04'S I!tW., A DISTANCE OF 21.69 FEET; THENCE N.1-¡OS3'19"E., A DISTANCE OF 42.45 FEET; THENCE N.25OJ2'SO"E., A DISTANCE OF 53.40 FEET; THENCE N.I0039'~~5"E., A DISTANCE OF 76.61 FEET; THENCE N.21 ~8'39"E., A DISTANCE OF J 1.62 FEET; THENCE N.46°S5'OO"E., A DISTANCE OF 13.64 FEET; TIŒNCE N.70059'OO"E., A DISTANCE OF 13.89 FEET; THENCE S.87°10'12"E., A DISTANCE OF 65.77 FEET; THENCE N.86°53'2S"E., A DISTANCE OF 37.03 FEET; 1HENCE S.82°45'44"£., A DISTANCE OF 56.80 FEET; TIlENCE N:82"Z4'3-1"E.. ADISTANCE OF 28.99 FEET; THENCE ~.-g9009'39"E.,A DISTANCE-oF 14.84 FEET; THENCE S.70044'39''E., A DISTANCE OF 14.17 FEET; THENCE S.430)1'55"E., A DISTANCE OF 15.31 FEET; TIlENCE S.OsoI6'37"E.. A DISTANCE OF 12.07 FEET; THENCE S.15°41'12"W., A DISTANCE OF 29.45 FEET; TIlENCE S.16°46'34"W.. A DISTANCE OF 19.70 FEET; THENCE S. 10°14'21 "W., A DISTANCE OF 9.52 FEET TO THE POINT OF BEGINNING, PARCEL CONTAJNS 1.40 ACRES, MORE OR LESS. 1 C> :::0 1"0-..) ~ --.J ~ Þ-t:1 Q f---' c...n <...n ~ Ir¡ ~~~. . ro:.--.,'" ~~-:: - /~tir-' L;í~;:~~'~l~~ Nf"~.~,<!~·,' ~ 'W@}~:i.~S~;· . ·''B~GS.~ TO THE EAST LINE OF THE S9UTHEAST QUARTER OF SEC'J'ION 'i~~:~~it~;_L<.l~..WWt<l$HIP 48 SO~ RANGE 26 EAST. COLL1ER COUNTY FLORID~ AS BEING "'. ~ 'd.'" '''''S OOOOl'08-E !fi?~;tt"P" " . .. .. . ....l,'\';:".:':~;:':.;'.~':".~~:,,'...:....~.~'::. ,:nPJ~~f!~.J~~ TO EASEMENTS. RESERVATIONS. OR RESTRICTIONS <l.. . . ".- Op·~~~;..· '~, r it l l~-,_ '- ~ ~J~V;·.4;,~ t;!iiii¡!J~ .,' ~.~".....," .:~{;..:::(.~'::.-..~ 1:>";- .. .: ~ . 09/17/98 I.;~;~f;·. ~;;::~'...~:,:,.,~.:J~..,..~~.'~~.~§.~.. £Œ.> .i:..~$ER.;~TN. ....~O~FLORIDA, (PSM#SS60) ,}~~;~ ~:~;,.~:~.~~y~.;,~~,,~t~~~ÒIlS·It~PBRS INC.. (L.B.#67S3) ~f~¡,:;};~\;t_~ ,.': ., ,,~. I' .....~ ':~" .~' i ~.~ ~ l;'·-¿:; ~.~ I.··~r ~ ~\.~;! C> :x:J ~ JÞ ~ ~ ~ c;:a ....... c...n CJ'1 .Þo ..' (SEE ATTACHED SKETCH) 2 ~' ,: ..' . .~: ~J' tJÐ,¡,.... . ,. Agenda Item No. 16A 1 ,'..:~ ,~~...."..";. ~...,::'1.~~?~: ~~. ~'~,:.~:~..;:..~,;~=: w*, s SCALf, ,. - fO' r-"I ~ . MY ." 1M$ øua4G MAY .....'4 ILIEÐJ fIUUŒÐi u:tZ11Il ~.ø.c. ,."tIt~, ~ø.. "",,'(JI~ ..~ .sa AUfiClAIOf ~ tASQIfW' ,,& arncM. ~ ... $lie I«1ttIII """ - - "- "... "'JIa'''- ... ,.., "Ill. ~Utal,,~, .,.t. IMW'If:IM1tI« t.UØOf DoC. ~ t'oIUDOIr &.C"') &0 I.C") ~ C"'1a II:""- ~ C"I .~ <:::> L'S L/7 L1J M.A.D.£.#14 u.. -' ~ ... :> LINE TABLE Line U 1.2 t.J L4 L5 1.6 1.7 1.8 1.9 LtO Lrt t.r2 t.t:1 t.r4 US t.r6 t.r7 a8 t!9 ill L2J tJ~ U6 U7 US gg t..J1 t.:12 LJ.J Sooring S.57·44·J6~W. 5.89'09' ·9...... N.25"J2'50"£. S.57'.J5·I2~ N.55"27'26 W. N.ll"5J'l9"f.: N. 00"04 '51 W. N.2"42'1.'J~ N.4J·,u :soJw. s. 21'52 'p'"w. 5.06'51142"£ $'66"4~"~ $ 46'25 49 W. ~gr~?#,~ s.20'~'04~W. 5.81'10'/2·' ~:g~'88~: N,21 '28:J( ~. N. 10':19 ~ . 5.82·4S',u'".E, N.86'!f.J'2S;.;, s. 70'SJ"Jí7 tv. N..58'JO~"w. N.82'24 '.J' "£ ,$. 'O'''~'~w. S. 16'48:sf "w, So 15·4'~' oj!; s.œ,ø 1'{;; i~tf.~.,1~t: N.867S'4}"W. ~ . .!.~I~ '~:"{'''oo:;-:., '\..:;:.~~~~ ". D;$tan~e ~26' 14.84' 53, 40: 31.96 106.64' 42.45' 2/.69' 22.82' 29.8.J' IS. IS' '''.:12' 19.61' 2J.9': 26.9/ 64.81' ~~.s¡;, 1:1. 89' ':1.64' 31.62' 7ð.61' M,80' .J1.OJ· »6'· 1.90' 28.99' g.!J2' 19.10' 29."5' ~;:~r- 14. 17' IJ.'" P.O.c. H.C. COR~R s.£. 174, .S£CTrONI8. rOtINSHíp 48 SOUtH. RANCE 26 CAST : .:,. '.;,', '7 '11 7 ~ I I T: :1 ! ~.: ~io:. !t\:~~: .: (¡\~'''':' . .~!~~~.: . U':~~I !!:; ..'~.; :~,I&Ì~ I' ' Ù'!Ü)i '!oÌg ~cfI .~ ~ ... ,.¡ 5 $_ _ _ _ _gt...58],1~_2!§.~'_ _ _ _ _ I P.O.B. l .::' , ':. 'I . - .. - . ~ r: ..;.~: {~:: -' ~. ·,:rS~:¡ I. . ..',' ~... I . ¡ . ..' I .. .. .l ¡i \.; ,- .. .. ,. _ "'.. . _ _ ~ ~ .. .. M,~.... M' .. .. ... '. _ ..._ 4 _ _ ,..""'.'''"''.'''',,,,. .,....., \.¡ ~ I ;(, ,; C!) - "TIVICT J'D1D f.!!J 1-711 PREærM: ~ I t>Cr F¡:r¡¡ :9 .~-...-............~-- ____..,__~..'M ¡ I 3J ~ FD5 ~..,. <!!i.. ®'1 ....'10'10 ~ :If I TR.ICT GC.¥, ~,~i'" ,- .... ø ~"""$ CD Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2004 Tax Roll Inquiry System Agenda 1~H2~q.ð~11 Apr'1112, 2005 Page 34 of 38 r;::FIP~ OWNER INFORMATION II PROPERTY INFORMATION I Name: CYPRESS WOODS LAND HLDGS LLC I Parcel: 00183920007 II Acre: 104.38 I Address:1 780 NW 42ND AVE STE 616 I ~13425 S LAUREL GREENS LN, NAPLES í.M.G) I Address: I I Legal:II1848 26 ALL LYING E OF 1-75 I Address: I Legal:lILESS PARCEL 1.1, LESS OR 1799 I Address:1I I Legal:IIPG 2330, LESS GRAND CYPRESS I I Address: MIAMI, FL 33126-5538 I Lega!: CONDO DESC IN OR 2538 PG 1540, I VALUE/EXEMPTIONS I I TAX INFORMATION I PAY TERMS I I PAYMENT INFO Market value:l~ I County: 1.37 I Nov: O.oo I I Paid Dt :1100100100 Taxable Value:l~ I School St:II1.25 I Dec:llo.oo I I Recpt:!lo Millage code:l~ I SchOOlloc:1l0.80 I Jan: O.OO I I Mach: OO Homestd Ex:I~ City Tax:llo.oo I Feb:llo.oo ¡ Paymt: O.OO Agricltr Ex:IEJ I Dependt: 0.27 I Mar: O.OO I Mort: 11205444 Widow Ex:l[:] Water.llo.17 I I Apr: o.oo I STATUS INFO. Blind Ex: 1[:] Independ: 110.36 I May:IIO.Oo Disabled: I [:] Voter Appr.l o.oo I Now Due: ¡o.oo Non Ad Va: N Veteran Ex:IEJ Gross Tax: O.OO Installment: N I Wholly Ex:IEJ Appr fee: O.Oo Deferred: N I Civilian Ex:I[:] Advertising:l o.oo Bankrupt::IIN I TDA: O I COMMENTS II I I I: I EXTRA LEGAL INFORMATION LESS LAUREL GREENS CONDO PH I AS DESC IN OR 2533 PG 849,LESSJASMINE LAKE & JASMINE LAKE-A, LESS BRADFORD LAKES, LESS PROPOSED LAUREL GREENS III CONDO (BLDG 48) AS DESC IN OR 3589 PG 48, LESS THAT PORTION OF GRAND CYPRESS III CONDO (BLDGS 81-84) AS DESC IN OR 3543 PG 265, LESS PROPOSED LAUREL GREENS III CONDO (BLDG 47, 49, 50) AS DESC IN OR 3620PG 3346, LESS PROPOSED LAUREL GREENS IV CONDO (BLDG 51-54) AS DESC IN OR 3620 PG 3346, LESS PROPOSED LAUREL GREENS V CONDO (BLOGS 55-57) AS DESC INOR 3620 PG 3346. ~ i}"" -:" .' .~ ". - \i. . ~,I Last Updated: 2/15/2005 5:00pm r I~-;---------' , , -- - - http://www.colliertax.com/RecordDetail.asp?FolioID=00183920007&TaxYear= 2/16/2005 - fBankø Engineering. 1Jn.t. Professional Engineers, Planners & Land Surveyors FORT MYERS . NAPLES . SARASOTA. ANNA MARIA ISLAND . PORT CHARLOTTE r L.C?,(J.qJ Agenda Item No. 16A 1 April 12, 2005 Page 35 of 38 May 17, 2004 Mr. Thorn Kuck Collier County Engineering Review Services 2800 Horseshoe Drive North Naples, Florida 34104 Reference: REQUEST FOR A LETTER OF NO OBJECTION FOR EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENT Dear Mr. Kuck: We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in the portion of the drainage easements identified in the attached Sketch & Description, which are part of a M.A.D.E. (lake maintenance easement). This request is being submitted to remove the easements which are located within Cypress Woods Golf & Country Club. Cypress Woods is a residential golf course community in Sections 18 & 19, Township 48S, Range 26E, Collier County, Florida. The project is located off of Immokalee Road on Northbrooke Drive. This easement was dedicated to the HOA with maintenance responsibility and dedicated to the County without maintenance responsibility. We have made site plan revision with minor adjustments to the lakes and corresponding lake maintenance easements which require the proposed extinguishment of the easement. These minor adjustments to the property have been approved by SFWMD and Collier County Development Services. These easements to be extinguished are no longer necessary considering the site plan revisions. Therefore, we are sure you will not object to the extinguishment of these easements.. By signing the statement below and returning the original signature to our office, you will be acknowledging your concurrence with our proposed extinguishment. If you have any questions or require additional information, please feel free to contact me at our Naples office. Sincerely, BAl'lKS ENGINEERING, INC. ~,ç,~ David R. Underhill, Jr., P.E. V ice President I have no objection to the proposed easement extinguishment at Cypress Woods Golf & Country Club. FOR: COL;!ff COUNTY ENG~G REVIEW SERVICES BY: ~ f- ~ .5#~~(Signature) PRINTED NAME: rhOn7tJS ë.. Kock TITLE: 6/79" J)1'rec,{" / ÚtJl7!y EP¡'/~' RECEIVED MA.Y ~ IIJIW S:\1obsIJ4xx\J 494\Doaumcn1s1Bradliml Laka\Cowaty~1 VKÚÌOD\1494 LtrCoIIioICoBDllÎDMrillaReviow5erYices.doc 6640 WtIlow Park Drive, Suite B, Naples, Florida 34109. (239) 597-2061. Fax (239) 597-3082 ißankø Engineering. 1Jnt. Professional Engineers, Planners & Land Surveyors FORT MYERS . NAPLES. SARASOTA. ANNA MARIA ISLAND. PORT CHARLOTTE J L.t::'. /..1.Q1 Agenda Item No. 16A1 April 12, 2005 Page 36 of 38 May 17,2004 Mrs. Gail Spector Cypress Woods Golf & Country Club Master Property Owners Association, Inc. 10481 Six Mile Cypress Parkway Fort Myers, Florida 33912 Reference: REQUEST FOR A LETTER OF NO OBJECTION FOR EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENT Dear Mrs. Spector: We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in the portion of the drainage easements identified in the attached Sketch & Description, which are part of a M.A.D.E. (lake maintenance easement). This request is being submitted to remove the easements which are located within Cypress Woods Golf & Country Club. Cypress Woods is a residential golf course community in Sections 18 & 19, Township 48S, Range 26E, Collier County, Florida. The project is located off of Immokalee Road on Northbrooke Drive. This easement was dedicated to the HOA with maintenance responsibility and dedicated to the County without maintenance responsibility. We have made site plan revision with minor adjustments to the lakes and corresponding lake maintenance easements which require the proposed extinguishment of the easement. These minor adjustments to the property have been approved by SFWMD and Collier County Development Services. These easements to be extinguished are no longer necessary considering the site plan revisions. Therefore, we are sure you will not object to the extinguishment of these easements. By signing the statement below and returning the original signature to our office, you will be acknowledging your concurrence with our proposed extinguishment. If you have any questions or require additional information, please feel free to contact me at our Naples office. Sincerely, BANKS ENGINEERING, INC. {)Je,~ David R. Underhill, Jr., P.E. Vice President I have no objection to the proposed easement extinguishment at Cypress Woods Golf & Country Club. FOR: CYPRESS WOODS_ _GOLF & COUNTRY CLUB MASTER PROPERTY OWNERS ASSOCIATION, INC. [ _ ::rnDN~J~!l~)<é~ (8;_) TITLE: Pr~slè{-Cnl::- S:\Joba\14a\1494\DocumoDts\Bnd1brd Lakes\Coaa~ VKMíoD\1494 LbCypnuWoodsHOA.doc: 6640 Willow Park Drive, Suite B. Naples. Florida 34109 . (239) 597-2061. Fax (239) 597-3082 /..-~.. ,..;..,-- - -. ~ Agenda Item No. 16A 1 April 12, 2005 Page 37 of 38 .- ~ COLLIER COUNTY GOVERNMENT coMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 21,2004 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 ~.O.IJ.O·l Mr. Dave Underbill, P.E. Banks Engineering, Inc. 6640 Willow Park Drive, Suite B Naples, FL 34109 RE: Letter of No ObJection for Vacation of a Portion of Public Dedicated Easement Cypress Woods Golf and Country Club Township 48 South, Range 26 East, Section 18 Dear Mr. Underbill: In accordance with your written request and subsequent discussions with you, I have reviewed the requests to vacate portions of the following existing easements: 1. M.A.D.E. #11 Vacation containing 687.10 square feet, more orless; 2. M.A.D.E. #13 Vacation containing 1023.92 square feet, more or less; and 3. M.A.D.E. #14 Vacation containing 35.38 square feet, more or less. Based upon the information provided to me, I have no objection to the proposed easement vacations listed above. Since these easements are not part of the County-maintained roadway or stormwater management systems, this LaNa fulfills the requirement to obtain separate LONO's from the Transportation Division and the Stormwater Management Section. If you have any questions please do not hesitate to contact my office. Sincerely, ~~wt~ Principal Project Manager cc: Jerry Kurtz, P.E., Collier County Stormwatcr Management Section LONO File Cypress Woods LOND Ot.doc PHONE (941) 659·5744 F},J{(941) 643-6968 www.co.collie~.f1.us Map Output Agenda Itf~J. ~t¡1 Apríl12,2005 Page 38 of 38 http://arc.collierappraiser.comlservlet/com.esri.esrimap.Esrimap?ServiceN ame=ccpa _ desig... 2/16/2005 Agenda Item No. 16A2 April 12, 2005 Page 1 of 8 .- EXECUTIVE SUMMARY Recommendation to approve the submittal of the attached grant funding request in the amount of $70,000 to the Big Cypress Basin so that the Conservation Collier Program may contract for administrative help in order to identify willing sellers and make periodic status reports concerning the Winchester Head Multi-parcel Acquisition Project r'---"" OBJECTIVE: To receive approval from the Board of County Commissioners (BCC) to submit a project funding request to the Big Cypress Basin for administrative help to identifY willing sellers and make periodic status reports in the Winchester Head Multi-parcel Acquisition Project. CONSIDERATIONS: Winchester Head is a multi-parcel Acquisition Project approved as an A- category I-priority property on the Conservation Col1ier Active Acquisition List (AAL) by the BCC on January 25, 2005. This project contains 114 individually owned properties. A map of the project area is attached. Because rea1 estate prices are rising quickly, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) suggested that a focused effort should be made to contact owners and detennine willing sellers. CUlTent program staffmg levels do not pennit such a focused effort, however, the Big Cypress Basin may be able to award funding assistance for this purpose in the amount of $70,000, in order to secure administrative help to focus on this project. If awarded, these funds will be used to contract with a private or non-profit entity for the following tasks and materials: · Contact all landowners by letter to ask if there is interest in selling · Follow up letters with phone calls to make personal contact · Keep track of progress of project using visual display and spreadsheet · Provide written monthly update reports to program coordinator · Detennine pennit status of lots within project boundaries (County and DEP) on a regular basis · Provide quarterly progress presentations to the Conservation Collier Land Acquisition Advisory Committee · Assist with public presentations as needed · Explore potential grants or funding assistance and advise staff what is available · Postage, letterhead stationery and envelopes, long distance phone charges, materials needed to prepare displays or required to accomplish the above tasks Because these funds are not tied to a specific grant program, funds would be awarded if and when the Big Cypress Basin approved the project description and would presumably require the project to be completed within one year of execution of agreement, as is typical with Big Cypress Basin grants. Any agreement for funding will be brought back before the BCC for approval. Funds not expended during the year for the stated purposes must be returned. A final consideration is that if the effort to identifY willing sellers is wildly successful, CUlTent levels of staffing in the Real Estate Services Department (contract and deed preparation and closings) and the County Attorney's Office (contract review) may not be adequate to handle prompt closings. Because there is no way to determine in advance what wì1l occur, staff will monitor the situation closely and evaluate the need to add staff resources in these areas as the project progresses. FISCAL IMPACT: The Environmental Services Department, Conservation Comer Program, is .- requesting $70,000 in funding from the Big Cypress Basin Board to contract out the project as outlined above. Collier County's 50% match wìI1 consist of staff time to develop, administer and monitor the 1 Agenda Item No. 16A2 April 12, 2005 Page 2 of 8 contract and Conservation Collier Program funding to purchase the properties. Any agreement for funding will be brought back before the BCC for approval. Staff expects that this agreement can be brought back to the BCC in this fiscal year. A budget amendment win be needed at that time. If the efforts result in the submittal of property applications that can not be accommodated with existing staff resources, then staff will evaluate the acquisition of additional resources, including, but not limited to, outsourcing or hiring of temporary staff. The cost of this effort will be funded by the proceeds of the Conservation Collier program. GROWTH MANAGEMENT IMP ACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.I(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATION: The Conservation Collier Ordinance (2002-63), in section 6.I(A), provides a legal framework for receiving funding from all types of governmental grants, reimbursements, allocations, appropriation, or other such contributions to the Conservation Collier Program. Recommendation for Board approval falls within this legal framework. RECOMMENDATION: To approve the submittal of a request for project funding to the Big Cypress Basin in the amount of $70,000 for contracting to a private or non-profit entity for administrative help to identifY willing sellers and make periodic status reports in the Winchester Head Multi-parcel Project. PREPARED BY: Alexandra 1. Sulecki, Coordinator, Conservation Collier Program, Environmental Services Department ",- 2 Agenda Item No. 16A2 April 12, 2005 Page 3 of 8 1. Map of Winchester Head Multi-parcel Acquisition Project. Darkened areas indicate lots where owners are wi11ing to sell and offers are being made. Conservation Collier Aerial Map Winchester Head W % t; ~ ~ o ~ ~ ./ 35"TH AVE He w+. . GfJ) 1)£\}Ff'IIIA o.til t.~tU: PORat,· Ctlll.r Ctu.t, "...,an, "-,nl..,. Crn".'~ GIS fCDIS t hVl....",.... liNtel" Q:\C....l"W1i... Cdi.r 1101'\ ISiCR\c:ycld'tW d:.-xll 0;\C.....m1i.ft Cdl.t' :au.... "~C~ld\WI.:z:.j... on.II.21." <:i!lr¡&~~ a:.h,( 3 Item Number Item Summary Meeting Date AQenda Item No. 16A2 - April 12, 2005 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 161<2 Recommendation to approve the submrttal ofthe attached grant funding request in the amount of $70.000 10 lh~ Big Cypress Basin so that the Conservation Coliier Progr.HT1 may contract fer admini9tr.atÎve help in order to ideníify willing s~lIerfi and make periodic status reports in the Winchester Head Mulll-parçe.1 Acquisition Project 4,112/20059:0000 AM Prepared B)' Senior Environmental Specialist 3123/20059:04:38 AM Aleundm J. Sulec.kÎ Community DevÐlopment & Environmental Services Date Environmental Services Real Estate Services Manager Da.te Approved By Charles E. Carrington. Jr" SRfWA Administrahve Services Facilities Management 3123ì201J5 3:30 PM Marlene- J. Foord Grnn1s Coordinator Date Approved By A~mình.tr3.ti...~ St!rvil:!!\ô Admirli...tmtÎlJe Servkes AdPllin, 3/24-120059:20 AM Approved By Constance A. Johnson Community ()e\lclopmrmt & En'Jironn1ental Servic.es Date Operations Analyst Communrty DClIdopfnent & En\lironmental Services. Admin. J/2412005 9:39 AM EJwt:utive Se¡;;mtUfY D,ate Approved By S'lIltlmLeil Community Development & En'lÎronmental S~rvice.\ Community Development & Envimnnuwt...1 SmvÎces Admin. 3:241206510:47 AM Environmental Services. Director Date Approved By Willìam D, Lorenz. Jr., P.E, Cornmunitv DevèJopmcnt & Environmenra! Servicc", Environme.ntal Services 3!2412D05 5:10 PM Oatf~ Approved By JO!Þf!ph K. Schnlitt Community Deve!opme-nt & Enviroruuental Services. Community Development & Environmental Service!5- Admins.tutor Community Development & Environmental ServÎces Admin. 3127/2005 8:04 PM Adminilòtmtill~ Äj,!;ist.ant Date Approved By OMS C¡)ardínat"r County Matlól!Jer'... Offh::e Offiet!' at Mallagmnef\t & Budg~t 3'28,12U05 4:18 PM Budgel Analyst Date Approved By Mark Isackson County Mana!Jer's Ottk:C' omcC' (If M~Uln9(!mlmt & Budget 3'31/200510;08 AM Management & Budget Director Date Approved By Mt<:hae! Smykows.ki County Manager's Office OHice of Marragelnent & Budget 31311200510:26 AM County M'lnan¡~r Date Approved By J'lrnc$. V. Mudd Board of County CommÜss.Îoners County Manager's Office 3/31.120056:20 PM "- Project Description / Application March 2005 Agenda Item No. 16A2 April 12, 2005 Winchester Head Projéòlge 5 of 8 PROJECT DESCRlPTION / APPLICATION '... i. ':~f ,. " , ."'~'- :, :., _~,:: "h:"~" Conservation Collier Multi-Parcel Acquisition Assistance Project - Winchester Head Applicant: Conservation Collier Land Acquisition Program Contact: Alexandra Sulecki, Program Coordinator Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34102 Phone: (239) 213-2961 E-mail: AlexandraSulecki@ColIiergov.net 1.0 Introduction Winchester Head is an approximately 200-acre undeveloped depressional cypress head and marsh wetland located in NOGE in Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 114 parcels (about 175 acres) were identified as being important for acquisition. One of the most important reasons for the nomination of Winchester Head, in addition to its environmental resource value, is that this area functions to provide floodplain storage for surrounding home sites during high rainy season. In fact, these types of depressional storage areas were included in the water management models for the Golden Gate canal system done by the Big Cypress Basin, and are a component of flood control for the area. Environmental resource values include protection of surface and ground water resources, protection of wetland dependent species habitat, good potential for restoration and low estimated management costs. During a March 2004 site visit, it was noted that there was significant standing water, that many birds are using the area, and that the wetland areas are nearly free of invasive exotic plant life, indicating good ecological value. While preservation of the Winchester Head offers many potential benefits, it also presents a challenge due to the large number of individually owned parcels within it. Currently, 6 owners (7 lots) have indicated interest in selling their lots to the program. 2.0 Project Scope - DRAFT Please note that the project scope is in draft form at this time. After Board approval to pursue this grant, staff will be working closely with contractors to develop specific tasks within a scope of services and with the Big Cypress Basin to provide a more detailed timeline for project de/iverables. General scope of services for help with the Winchester Head multi-parcel project would include the following: · Contact landowners by letter and phone to ask if there is interest in selling · Explore potential grants or funding assistance and advise staff what is available · Keep track of progress of project using visual display and spreadsheet 1 Project Description I Application March 2005 Agenda Item No. 16A2 April 12, 2005 Winchester Head Projéòtge 6 of 8 · Determine permit status of lots within project boundaries (County, DEP, ACOE) on a regular basis · Provide written monthly update reports to program coordinator · Provide quarterly progress presentations to the Conservation Collier Land Acquisition Advisory Committee · Assist with public presentations as needed · Any and all supplies required to accomplish the above tasks The goal is of this project is to acquire as much land as possible within the project boundaries as quickly as possible. Real estate values in the area are escalating rapidly and any delay will add to costs. Assistance with the above project elements will allow for more fi'equent and personalized contact with owners to describe the project and answer questions, in addition to maintaining up-to-date project status reports and displays. Conservation Collier Program staffing is insufficient to dedicate the time necessary to focus on the project to perform the above tasks in a timely manner, considering the many other priorities of the program, and that management of large, multi-parcel projects was not anticipated when staffing needs were initially determined. Additionally, if the effort to identify willing sellers is wildly successful, current levels of staffing in the Real Estate Services Department (contract and deed preparation and closings) and the County Attorney's Office (contract review) may not be adequate to handle prompt closings. Because there is no way to determine in advance what will occur, staff will monitor the situation closely and evaluate the need to add staff resources in these areas as the project progresses. 3.0 Work Breakdown Structure Initial Task: Contact landowners by letter and phone to ask if there is interest in selling- This is the beginning phase of the project, but may be repeated once during the year at the halfway point. It would include preparing lists of property owners within the project boundaries and making contact first by letter and then following up with a phone call to explain the project and gauge owner interest in selling. The goal of this phase will be to develop a list of those owners who are willing to sell. Ongoing Tasks: Keep track of progress of project using visual display-Prepare a visual display using an aerial map showing the status of properties. Visual display would be updated routinely for reporting and presentation purposes. Determine permit status of lots within project boundaries (County and DEP) on a regular basis - This element would be a part of all phases and would be included in routine reporting. Provide monthly update reports to program coordinator - An excel spread sheet could be prepared and updated monthly fOT reporting purposes. 2 Project Description I Application March 2005 Agenda Item No. 16A2 April 12, 2005 Winchester Head Projéò'tge 7 of 8 Provide quarterly progress presentations to the Conservation Collier Land Acquisition Advisory Committee - Contractor would attend Conservation Collier meeting 4 times to provide verbal and visual reports to the CCLAAC on status of the project. 4.0 Project Cost Project Costs would not exceed the $70,000 funding grant from Big Cypress Basin and would be expended pursuant to contract with some entity providing staff resources to accomplish goals over the period of one year. Funds shall be for salary, equipment and materials associated with the project as determined by the scope of services established in the contract. 5.0 Project Location This program will target 102 lots in North Golden Gate Estates Unit 65 and 12 lots in Unit 62. See attached project boundary map. These lots are within wetland areas in the Winchester Head area. At this time, nine (9) lot owners in the Unit 65 portion of the project have indicated willingness to sell. The County has made a number of offers and two (2) have been accepted at this time. 6.0 Deliverable Schedule First quarter - Send letters, make phone calls and do follow-up contacts with property owners as opportunity presents. Prepare spreadsheet and maps, attend CCLAAC meetings and provide monthly updates on progress. Second quarter - Continue personal contact as needed and appropriate with those owners who have expressed interest and those owners with which no contact has been made to that point. Report monthly to CCLAAC using map visuals and spreadsheet documentation. Report on potential grant funding sources. Report on pennitting status oflots (County and State). Assist with public presentations if necessary. Third quarter - Continue above activities as appropriate. Fourth quarter of project - Continue with above activities as appropriate. Finalize project with written assessment of progress, including all agency permitting information and status. Finalize project progress reports and meet with County Program staff to release all data, maps, graphics and owner information. Make final presentation on progress to CCLAAC. This project shall be completed within 1 year of contract execution with acquisition assistance provider. Need for additional assistance will be evaluated at the end of the 1- year time period and if warranted, will be proposed as phase 2 of this project. 7.0 Insurance N/ A in this case because project is not on SFWMD property 3 Project Description I Application March 2005 8.0 Funding Proposal This project will be completed in one year, and the request for support shall be applied only for the payment of costs associated with the project elements identified. Conservation collier win be providing funding for acquisition of the parcels, Real Estate Services Department staff time and program staff time. Program staff will be available for meetings and coordination with the Real Estate Services Department for owners wishing to sell. To show funding commitment for acquisition, a copy of the approved FY05 Conservation Collier Budget will be attached to the final draft of this document, showing a capital land outlay line-item balance of$13,721,350. Agenda Item No. 16A2 April 12, 2005 Winchester Head Projéè1tge 8 of 8 Map of Project Area Conservation Collier Aerial Map Winchester Head 3!5'TH -"Vii HE w+. , œJ 1,3EO FN Dat.. ...,..: Pare.ls· C.'hr c....,. Pn,.t1, A",.¡nr en.... 8y: GIS: CD" r i.vI,,,.,,'-.1 SeMen Q:\Cou.rwtîu C.li.r %OG%I. ISCRCycllz\WiIIZ.MJti c.-\C.........t¡u C"i... nt21: 11~y;:ld\Wìll2.jllf DIne: 5.21.04 c~fltr COUllty ~.,,, -',',,"'-- "w_'_,~"J~-O'm 4 Agenda Item No. 16A3 April 12. 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve a Vegetation Removal and Site Filling Permit for Saturnia Falls (Terafina PUD), for an area not to exceed approximately 369 acres located in Section 16, Township 48 South, Range 26 East, subject to: 1. County staff administratively determining LDC compliance for identified administrative approval criteria of such permits, and 2. prior issuance of all other required agency permits. OBJECTIVE: Board of County Commissioners (Board) approval for staff to administratively issue a Vegetation Removal and Site Filling Permit (VRSFP) for an area of not more than 369 acres in the Saturnia Falls (Terafina PUD, Ord. No 04-) subject to two conditions: 1. requiring staff review for compliance with identical LDC criteria in Section 4.06.04 A. I.a. for administrative approval of such permits which are 25 acres or less; and 2. prior issuance of all otherwise required agency permits. The property is bounded on the north by the Parklands PUD, on the west by land zoned RSF2, GC, and PU (Quail Creek), on the South by the Olde Cypress PUD, and on the east by the Miraso I PUD CONSIDERATIONS: The 646.49 acre Terafina PUD will be constructed in multiple phases and Phase One, Saturnia Falls, is presently being reviewed by staff. The applicant desires to fill the lots in the first Phase and then stockpile excess material from both the on-site lakes and from the construction of the required flowway improvements. Land Development Code (LDC) Section 4.06.04. A.2., (adopted by Ordinance No. 04-72, effective November ] 8, 2004) authorizes the Board to approve a VRSFP for an area of greater than 25 acres so long as the requirements of that section are met. One of the requirements is to demonstrate to the Board certain facts with respect to the Schedule of Development Activities, all of which are discussed below. In addition, all of the criteria that apply to an administratively issued VRSFP under LDC § 4.06.04 A.I.a.. apply to a Board approved VRSFP, thus a condition requiring compliance with those provisions is included as a condition of the Board's recommended approval. In Phase One, the areas that are being requested to be cleared under this Board-approved VRSFP are: Roads Lakes Future Lakes /Stockpile Future Road/Stockpile Future Lots Perimeter Berms Temporary Ditch Access pathways Lots - Total 72.94 acres 48.12 acres 38.82 acres 88.21 acres 27.22 acres 32.93 acres 3.58 acres 2.37 acres 54.71 acres -------------- 368.90 acres road r/w plus embankment to control elevation contour line to control elevation contour line road r/w plus embankment (Not part of infrastructure) earth berm plus access to build ditch plus side berm from f10wway to lakes (Not part of infrastructure) 1 Agenda Item No. 16A3 April 12, 2005 Page 2 of 7 The infrastructure area is 157.57 acres (62.17 % of total clear area), and the future lakes/stockpile area with access paths is 41.19 acres (16.25 % of total clear area), and the area of the lots is 54.71 acres (21.58 % of total clear area). Note that the clearing or wetland restoration within the 210 acre f10wway is being reviewed under separate submittal, as will the permits required for excavation activities. The needed area to immediately place excess material is 156.62 acres, which is greater than the allowable 25 acres, hence the present request for a Board approved VRSFP. The first step in construction is to clear the necessary area for the Phase One activities. The excavated material will need to be placed either within the infrastructure area or stockpile area or within Phase One lot area, or combination of the three. The volume of excavated material is four (4) times the amount needed within the Phase One infrastructure areas. Therefore, the placement of the excess material will have to be either on the Phase One lot area or in a stockpile area or both. The applicant proposes a one-year schedule of construction activities. Engineering Review thinks that although a one year schedule is aggressive, it is reasonably possible so long as sufficient resources of equipment and manpower are committed to the scheduled activities. The separate, but related, f10wway construction is projected to take six (6) months, but this work will be seasonally dependent. All the clearing for the subdivision improvements is projected to take six (6) months as well. Blasting for excavation of the lakes will follow the clearing by six (6) weeks and is projected to run for another six (6) months. Lake excavations will begin a month after the blasting and will run for 9 'l'2 months. Placing and stockpiling of the fill will run concurrently with the excavation activities. Infrastructure construction will follow immediately behind the filling operations and the actual home construction will slightly lag behind the infrastructure and run concurrently with the infrastructure. The developer expects to sell the units as fast as they are put on the market. Engineering Review staff agrees that under the Schedule of Development Activities as attached, the project will be completed in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and inconvenience to the neighboring and general public. Additionally, clearing of the requested portions of this phase are advantageous in that they allow for a more efficient use of the developer's resources which will result in a shorter overall timeframe for construction which will result in less overall dust, traffic, and noise. Also, from staff's experience, unless the housing market changes drastically, the developer's sales projections are probably accurate. FISCAL IMPACT: The Community Development Fund, Development Services (131) has received or will receive $27,400.00 in revenues broken out as follows: Application Fee $ 2,000.00 Yardage Fee 20,000.00 Inspections Fee 2,400.00 Blasting (To be computed) Clearing 3,000.00 $27,400.00 APPROX. MINIMUM TOTAL FEES .,.,...... A security instrument (re-vegetation "bond") in the amount of $500,000 (an administrative requirement) will be posted prior to VRSFP issuance, and reporting and inspection fees will be 2 Agenda Item No. 16A3 April 12, 2005 Page 3 of 7 paid annually thereafter. The re-vegetation bond will be computed by the Environmental Review Services staff as needed and may overlap other bonding. GROWTH MANAGEMENT IMPACT: This clearing activity will further and implement applicable growth management plan goals, objectives, and policies. HISTORICAL/ARCHAEOLOGICAL IMPACT: None LEGAL CONSIDERATIONS: Approval of the requested VRSFP, as conditioned, would comply with all applicable constitutional and general laws, as well as the County's LDC, and is legally sufficient for Board consideration and approval. STAFF RECOMMENDATIONS: That the Board of County Commissioners approve a Vegetation Removal and Site Filling Permit for Phase One of Satumia Falls (Terafina PUD) for an area not to exceed approximately 369 acres, subject to: I. County staff administratively determining LDC compliance with § 4.06.04 A.I.a. for this permit; and 2. evidence of prior issuance of all other required agency permits for the subject property being provided to the County. PREPARED BY: Stan Chrzanowski, P.E., Engineering Review Manager, Engineering Services 3 Item Number Item Summary Meellng Dale Agenda Item No. 16A3 April 12, 2005 Page 4 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendation to approve a Vegetation Removal and Site Filling PermÎt for Satumia Fans (Terafina PUD), for an area not to exceed approximately 254 acres located in Section 16, Township 48 Soutl1. Range 26 East, subject to: 1. CO~lnty staff administra1ively determining LDC compliance for Iden11!¡ed administrative approval cnteria of such permits, and 2. prior issuance of all othfH required agency p~rmjls 4112;20059:00:00 A.M Prepared By 3/30/;2DQ& 5:11;.43 PM $t.m Chr:.woPWGki Con)Munity Development & Environmental Setvices Date EFI~linl!!erin Rn....icw Man",ger Engineering SelVìce.s COES Engineering Services Díœctor Oate Approved By Thomas E. Kuck, P ,E. Community Developme-nl & Environmental S~rvices CDe:S EnginetHing. Servic~s 3/31/2006 9:32. AM Date Approved By Sandra Lea Community Development & Environmental Servict!3. Executive Secretary Community Development & Environmental Services Admín, 31311200511:24 AM Date Approved By Constance A. Johns.on Connnunity Dev.elppment & Environmll:ntal ScrvÎr:elt Operations Analys.t Community Development & e"v¡mnm~ntll Servkes ArJlnÎn. 3131J200S 11:31 AM Oate Approved By Jos,eph K. Schmitt Community Qt!velopmf!nt & Enllironrnentn Servlc8$ Communrty Development & Environmental Services Admin5trator Community Deyclopment & Environm¢ntal Services Admin. 3131/200$12:41 PM O.te Approved By Wiili;am O. lorenz, Jr" p.e. Community Devclopment & EnvirQnmenbl Services EnvirDnmental Services Director En'olin>nm(!ntal S~r,¡l{;(!s 3/31/2005 11:46 PM OMS COOt'flìndt()r D'lte Approved By CI)unty Munager's Ofti¡;t! Admini¡¡.fr<ttive Auistat)t QHicð of M.."..geoM!nt & Bud!lltt 411/Z005 8:45 AM Approved By Mark Isacks.on County Mnnager''S OffiC"~ Budget Analyst O.te Office of Management & Bud';Jet "'.'ZOOS 8:32 AM Dalf! Approved By Mid.u,"" Srnykowski Cuunty M;ItMgl~r'S Offi<: ~ Managt\numt &. Btld!JI~t Direl~t( f Officr~ af M8n. Jumnl~nt" Budget 14-/41200510:41 AM ()atc Approved By James V. Mudd Board ot County CammiS$ïon~rs County Manager County Man3ger's Office 4/4/200$ S:Q' PM C") LO r-- «0_ (000 .,-NL[") o N- Q) Z~ OJ -(1j E '¡: a.. Q)Q. =:« (1j -0 C Q) rn « I I a.. « ~ UJ t- - (J) """"DL_ / Z- - ~ ª e ~ ~ tift ¡ Iií.. :: !~ ! R ..~~ ~ ::i~ i5 I 9 ~ CIIIIItJn>O """"'" LQa ~';) ~ e t Iií I ~ "i~ o ~- 0 - 3~ a.. I I « ~ ç ì~ ~ ~ !!II i~1I Z z I- :::J "I~~ - I~~ 0 0 ü i - W IRNAõ1t'IIII! IMICT1 ~ W --' I~ t !! u ~. I -I 0 II lIIi~ f: i~ " ...J ~ I ~I ~- ! I 1IY'D.uu..N'QO:f.rœ 'IiOOQISISIIdA:) e i m. Q£ - 3LYJ..AGJ.N i~ >- .. I n ............- ,./ SATURNIA FALLS TOTAL CLEARING .... 369 AC. A SCALE: 1· = 800' 11M o.ms fIIJIIIIS·UOIIS EXAMPLE: CREW r3rd WORK #2 ~ , AREA 2-3 3 CONSTRUCTION CREWS ¡1) FLOW-WAY 2) WEST SIDE 3) EAST SIDE 950 Encore Way Na~le., FL 3<4110 Phone: (239) 254-2000 F'lorlda Certificate of AuthorizatIon No.1772 ~ .¡.. .. .¡.. .. ... " '" .,.. '" .... .. .., -", .... .,. ,.' '" ", ... SEQUENCE _1-1 1-2 f;2~~:;:~,?:)til 1- 3 _ 2-1 _2-2 ~~ 2-3 ~~ 2-4 _3-1 _3-2 ~3-3 3-4 5 7 ,¡.. .... ... '.- '" '. ;," . '¥ .... ".' oj. ~. ." '" ... ". ... .¡.. ., .... . . ~ . '" ... '" ... j- "<' .~ .. ... .¡.' .... '.- '" ., .. ... .¡.. -... ;" ... .;., ... -.;. ... ... ... ~ '" .;.- ." .. ~. ..' .-' '" .. ... '<' '. '" ,~ 'Iv ,¡.. ... ...- ... .;. w .... ... '" ;,. ... .. -,. .¡.. '" ..- .v " '" .¡.- ~, " ... ,.' ... ,- ... .. .¡.. ." .. ... ';. -t. ~ ... .' ... ., .¡.' ';,' ..... ... ... ... .. .... ., .... .. '" " ... .... ',- .¡., ¡, .... ...0 .. ... ".- .... .. .. ... .. ... '. ... ... .. ... -. ... .¡. ... '-. ... ... ... -j. ,. ... .,. ... -,. ... CLEAR, EXCAVATE flOW-WAY 5TDQ( PILE WHERE INDICATED CLEAR, EXCAVATE flOW-WAY 5TDQ( PILE WHERE INOICA TED CLEAR. EXCAVATE flOW-WAY 5TDQ( PILE WHERE INDICATED CLEAR, EXCAVATE .Ie CONS1RUCT ACCESS ROAD (PAClAC DR.) CLEAR, EXCAVATE LAKE 4, PARllAL FIll. a: CONSTRUCT SE\ÆN SEAS BLW. CLEAR. EXCAVATE LAKES 2 .Ie 3, FlLl..Ie CONSTRUCT REt.4A1NDER SEVEN SEAS BLW. CLEAR. EXCAVATE LAKE 1, All. a: CONSTRUCT PLEASANT SPRINGS OR. a: GlBRAL TER DR. CLEAR, EXCAVATE a: CONSTRUCT PERIMETER BERM (From Stock PAn) CLEAR, EXCAVATE LAKE 8 STOCK PILE VttiERE INOICA TED CLEAR, EXCAVATE a: All. 5TDQ( PILE WHERE INDICATED CLEAR, EXCAVATE LAKE 8 STOCK PILE VttiERE INDICATED c") LO I"- «0_ (,000 .,- ": l"- ON (]) .."...- OJ E'o- fL AIIMIC _ I I I I , " "I I I (])Q. -- I " II f I I T I I I I -<C -- .'" Ct:! M.we _ I '. TTT -0 _ MY œICII: I , I I I I r:: (]) CI -....... 11111111" OJ z -- I I I I , , I r I « ::J JI'IIJMIT __ I I I " I I I I , Tì I I I it -- 11'''-' I II I I I I I I ~ --- I I I __ _ILWI. I , II I I r 111111 I I I I r ....... fIDIO-IIIIY I I I " I T ..-" I =I .......... I I I G: ~ I r I CI ~... I I I I I I I Z U&-7 ~ ~ ~ ~ IMe-4 ~-S ~ ~-1 -- liT , fIDIO-IIIIy 1AIœ-1. I I II II I I I ~-III I I I I I ! ~ '- .F= ~... I I I I ~ U&-7 I I I I I 1 I I S .-... I , u.-<S I """ I I I IAE-4- 1 I , I I , .--a I I I I I I I .-.... I I .-... I 1 ~ I I IUIIJ-'MY T (I) ..-..... t! - , , .-... , I I CI .-... 1.W I I I I z ! U&-7 I I I I I ....... "-I I I I I .-... I I I II I I , ~ I I I I I I , I I "--.J I I I I I I 1ì I , I , I U&-a 11111 ~ -- -- I I - -- , M.we _ I I I _ MY œICII: I I I I -- I I -..- I " II I I I ...-r__ ~'II . --- I , I --- I I __ILWI._ I I I I I I 11 CI I I I [I I I I I I I Z fIDIO-IIIIY_ 1 - - - ~ UR-1. I I I I . "--10 - .-.. .~ .-... I LAIIE-7 I ~ I , I , ~ I I I I , I ... ~ I I , I , I ~-allll I I I .-.... I I I .-... I I -- I I I I I I I I I I I I I 0 . '0 .. "I III .. III « .. III . WEEK OF CONSTRUCllON YEAR Agenda Item No. 16A4 April 12, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Bristol Pines Phase I", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Bristol Pines Phase I", a subdivision of lands located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERA TIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Bristol Pines Phase I". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. --- Engineering Services Department recommends that the final plat of "Bristol Pines Phase I" be approved for recording. FISCAL IMPACT: The project cost is $2,018,874.66 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 500,281.33 - $1,518,593.33 The Security amount, equal to 110% of the project cost, is $2,220,762.13 The County will realize revenues as follows: -- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $61,681.24 ,.-~ ."'-"" ,- Agenda Item No. 16A4 April 12, 2005 Fees are based on a construction estimate of $2,018,874.66 and were pan;Q¡F!t 2 of 4 June and December, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,115.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 3,752.11 c) Drainage, Paving, Grading (.75% const. est.) - $11,389.45 d) Construction I nspection Fee Water & Sewer (2.25% const. est.) - $11,256.33 e) Drainage, Paving, Grading(2.25%const.est.) - $34,168.35 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Bristol Pines Phase I" for recording with the following stipulations: 1. Approve the amount of $2,220,762.13 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number Item Summary Meeting Date Agenda Item No. 16M April 12, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15M Recommendation to approve for recording the final plat of "Bristol Pmes Phase I" approval of the standard form Construct1Qn and Maintenance Agreement and approval af the amounT of the performance security. 4112/2005 90000 AM Prepared By Seni<lf En9ineer 3131/200511:23:16 AM John Houlds;wcrth Community Development & Environlnental Services. Dat.. Engineering Services Constance A. Johnson Oper-atíons Analys.t Date Approved By Community Duvlt!lopm~mt 8. EnvtrQom1Hltal Services Cmnmunity OCVt!lI)J:Jnumt & E.nvlronmental Services Admin. 3/31/200511:31 AM Sandroi Lea Executive Secretary Dõllte Approved By Community DeveloprnC'nl & Environmental Servic.es Community Development &. Et1Vironmen1al Senrlc85 Admin. 3/311200511:32 AM Approved By Joseph K. Schmitt Community Deve!opment & Environrmmtal Scrvit:cs Communíty Development & Environmental Services Admins.trator Date Community Developl~nt &. Env¡nlll'nt~"tal SeNÎI::e! . Admin. 3/311200512:37 PM COES Engineering Services Dírector Date Approved By Thomas E. Kuck, P£ C(Unmul~ity De\ieh:rprnl!'flt '" EnvlronmontaJ Services CDES Engineering Servic4!$ 3/31/20052:26 PM OMS Coordinator Adminis.trative Auis;tant Date Approved By County Manager's Offic.e Office of Management & Bodget 411/20069:11 AM Mark ls.ilCks.on 8udUlrt Analyst Dat~ Approved By County Manager's Office Offíce of Management & Budget 41..../20059:02 AM Approved By Management & Budget Director Date Michaeol Smykowski County Manager's Office Offi<:;e of Management & Budget 4/4(2Q05 12:02 PM Jmne:!i. V. Mudd County M.anõlligr.r Date Approved By Board of County Commiss.Îcners. County Mtmagr.r's 01fiet! 4/4/20057:52 PM "<!'I.!)<;j" «0_ ",00 ..-N,,<!, jS ... ci N- (!) Z Z"- OJ wº -CO E ,::: CL !::!;;: (!)el. coO .::;:<C 9 ro "'0 c:: (!) OJ « >- i ~ 0.. % « ~ ~ .. ~ UJ iii I- - en l'tIM) :!1 ","'" 0......) mII>nØ Id'!"ÐO ¡;¡~ (......,.¡...........- i ~ ~ ~ >- iIi ~ ~ i Iti ~ """""'.IÞH / E-- I - 11! Ii! ~¡ I i t !! !'! Iì ¡;¡ -i~ ,,¡~ !!ii I I I e ! t ~ ::! ¡Ii JI Ii. . - ii i !! ii :'!I~ ~ I I I 0.. I t t « I ~ :: :t :¡ ..¡; " ii I:¡ I I ; :t Ii Z 0 -...moo ........., .."" - I m ~ I ~ I !! i U ""," !! i~ . ;i ~ Ii 0 I I ...J Ii- I!! ~;I I Î! R i~. iAI I _ ¡( ~~~Ò i ~ = . "Igi - Iii I f - Ii i ~ ~ _"¡'n""....." II ~i ¡, I~ ~ ¡¡ I II" It- A !!!Ii ¡¡¡Ii ¡'Ii Agellda Item No. 16A5 April 12, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve one (1) impact fee reimbursement requested by Interplan LLC on behalf of Staples, Incorporated, totaling $201,983.92, due to building permit expiration and subsequent cancellation OBJECTIVE: That the Board of County Commissioners approve one (1) impact fee reimbursement, requested by Interplan LLC on behalf of Staples, Incorporated, due to the expiration of Building Permit 2003071128 and its subsequent cancellation CONSIDERATIONS: Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, provides for specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. Specifically, as set forth by Section 74-202 (h) (5): "All reimbursement requests totaling twenty-five thousand dollars ($25,000) or more, cannot be approved administratively and must be submitted to the Board of County Commissioners. " The Impact Fee Section of Financial Administration and Housing at the Community Development and Environmental Services Division received the fo \lowing request for reimbursement: Interplan LLC on behalf of Staples, Incorporated ($201,983.92) - Building permit number 2003-071128 for the construction of a new retail office supply store has expired and has subsequently been cancelled. The proposed project will not be constructed on the previously specified parcel. Therefore, per the attached letter, the customer requests impact fees paid on building permit 2003-071128 be reimbursed. The customer has also indicated that they intend to construct the Staples store at a different location. Upon application for a new building permit, impact fees will be assessed and required to be paid based on the rates in effect at the time of the new building permit application. FISCAL IMPACT: The recommended impact fee reimbursements will be transacted as debit entries against the applicable expense budget line items in the following amounts: Road (District 1) Jail Emergency Medical Services $ 176,193.10 $ 22,263.70 $ 3,527.12 Total: $201,983.92 ,,- Staples Reimbursement Page 2 Agenda Item No. 16A5 April 12, 2005 Page 2 of 6 GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursement may adversely affect capital project funding for road construction; however, the building permit has been cancelled and the building will not be constructed on the site; therefore, a reimbursement is due to the customer. LEGAL CONSIDERATIONS: This request is consistent with the provisions and guidelines of Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, which provides for certain reimbursements of impact fees. RECOMMENDATION: Recommendation that the Board of County Commissioners approve the requested impact fee reimbursement, totaling $201,983.92, and any related budget amendments that may be required. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES -. ,ø''" Item Number Item Summary Meeting Date Agenda Item No 16A5 April 12, 2005 Page 3016 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16AS Recommendation to approve one (1) impact fee reimbursement requested by Interplan LLC on behalf of Slaples; Incorporated, 10lahng $201,983.92, due 10 building permit expiration and 5ubseqllent cancellation. 4112120059:00:00.I\M Prepared By 11TI~1I1<;t Fer. Ma'til!Jcr 3/28120054:1 !:.34 PM Amy Path!rson Community ~Yelopment & Environmental Services- D,Jteo Fin.1lnc.ial Admin. & Housing Denton Bakêf Finandal Admin & Housing Director Date Approved By Community Dt!velupment &. Environmental Serviclt1i Fìn>ln"i~1 Admin. & Housing 3129;2005 9:58 AM Norm E. Feder. AICP Transp.ortation Division Administrator Date Approved By Transportion Services Trensportation Services Admin. 3/29/2005 2:51 PM COIJ~tance A. John"f) '!. Date Approved By Conununìty Dc\'elopml!!;tIt & Environmental Services OperatÎl)I\!Þ Analyst Community Development & E.nvironmental Services Admin. 3129120054:00 PM Approved By Dote Sandra Lea Community Df>v[! opmC'nt & Environmental Servicf:'s Executivoe Secretary Community Developrnent & Envll"t)nmcntal Serví(:c.\ Admin. 3/30.'2005 10:41 AM Sharon Newman Accounting Supervis.or Date Approved By Tr;llnsportton Services Transport.ation Administration 313012005 3:05 PM Approved By Date Joseph K. Schmitt Community Dffi!elopment & Environmental Services Cu,nmunity Devp.ioJunent & Envimf\rtlfln1.a! Sflrvit:es Adn1Ïnstrnt(lt Community Development & Environmental Services Admin. 3.'31120059:45 AM Patrick G. lNhite Assistant County AUomey Date Approved By county Attorney County Attotnl!!'Y Office 3131/2005 5~4Z PM OMS CoordíIJa1or Adminis;trntiv8 Auist..nt D¡¡t(~ Approved By County Manager's- Of1ic~ Office of Management & Budget 4/1;20058:<19 AM Approved By Susan Usher County Malm JM's Otfic.~ Senior Mana~am(!>nllBudgel Analyst Date Oflkn of Manugernenl a. Bud J~t 041412DD511:14.AM Michael Smykowskí Man.agement & Bud.get Director Date Approved By County Manager's Office Office of Management & Budgf!t 414/2005 2:49 PM County Mannger Datß Approved By Jame,s V. Mudd Board of County CommiSSKJrWfS County MLlI1é1.get's Office 41412005 8:05 PM Agenda Item No. 16A5 April 12, 2005 Page 4 of 6 Official Receipt -Collier County Board of County Commissioners CDPR1103 - Official Receipt ---.-..------ Trans Number 449229 ~!foT20Õ3'-10:54:~~·:---r;~~:~~--· _..1 Payment Slip Nbr .__--1ET 2003071128 Address: 6295 NAPLES BLVD Owner: NAPLES PLAZA L TD PARTNERSHIP COA #: 03-1482 A Permit Type: BC3 Job Desc: STAPLES STORE 20.388 SQ. FT. Applicant: CINDY - NAPLES PERMITTING DBA: PHILCO CONSTRUCTION, INC. Swr Meter: NC Wtr Meter: CC Payor : STAPLES Fee Information r-- -....----- - ~ Fee Code Description G~ Accou'!L_ Amount Waived 42WSDC WATER SYSTEM CHARGE 41127351134336031411 $0.00 , , 42SSDC SEWER SYSTEM CHARGE 41326361334356031413 $0.00 , J OBBCAI . BLDG.CODE CERT. SURCHARGE 11300000020882000000 $101.94 J 08BPNP ¡ BLOG PERMITS - NAPLES 11313890032211000000 $5737.00 08EMSI EMS IMPACT FEES UNINC. 35014047036385031350 _. $3527 .1~ OBFLNN ! FIRE< 1 MILLION-NORTH NAPLES 11300000020910100000 $707.76 OBFPRF I FIRE PLAN REVIEW FEfL_.._..______ 113QOOOOQg09102Q..QOOO $2986.:~_ OaGCR1 DIST 1 ROAD IMPACT FEE-GEN. CO 33116365036375031331 .... $176193.10 08JAIL JAIL IMPACT FEE 38111043036380131381 - $22263.70 08MFSG MICROFILM SURCHARGE 11313890034144200000 $22.80 08NNIM NORTH NAP'=.ES FIRI;JMPACT______ $6116.40 . 113QºººPO?9981000000 08RDGS '" _ª~-ºJ3. PERMIT SURCHARGE 11300000020880000000 ---- $101.94 i . .-...-- -~,,-- 08BACR BLDG. PE~MIT APP. FEE CREDIT 11313890032251000000 $-759.70 ! 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-408.00 : ,-ºªpOA 1 DIST 1 ROAD COA CREDIT .___...}31Q00000220016Q.ºººQ_.__ -J.,·1tfli 05. HLI.__ Total _$12~85.07 i ~ :J. û 1 , q ~-; . " ~ - Continued - Collier County Board of County Commissioners CD-Plus for Windows 951NT Printed:3122/2005 10:54:05 AM ,1;,1 Agenda Item No. 16A5 April 12, 2005 Page 5 of 6 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number \449229 Date I Post Date 12110/200310:54;08 AM 12/1012003 ..__.._.¥..._..._.,_......-----_.-.._~, ~entCode CHECK Account/Check Number 1771213 Memo: Collier County Board of County Commissioners CD-Plu8 for Windows 951NT ;: ,f},.'>,ÜY:>;:i::;~,>'(~,_':~~;;:~d:\,::>d:;;.,;,>,,;·_; -~:,,~ Payments ··.._····..·l:~-=~~~~ Total Cash Total Non-Cash Total Paid $128485.071 Cashier/location: MCCAULEYKATY I 1 User: FLEISHMANPAULA Prlnted:3J22/2005 10:54:06 AM ..\. ."'.<' ..... . ;.,:.":.,.,>,,.., --------. INTERPlAN g Agenda Item No. 16A5 April 12, 2005 Page 6 of 6 933 LEE ROAD, FIRST flOOR ORLANDO, Fl 32810 PH 407.645.5006 FX 407.629.9124 March 3, 2005 Paula Fleishman Collier County Community Development Department 2800 North Horseshoe Drive Naples, Florida 341 04 Reference: Impact Fees Permit #2003071128 IP # 2001 .0523 Staples @ Naples, Florida Dear Paula: On behalf of our client, staples,lnterplan Is requesting a refund of the $201,983.92 of Impact fees that were paid for the above referenced project. As you know the building permit (2003071128) has expired for the proposed Staples Store at 6295 Naples Blvd. As discussed previously with the County, we are relocating our site to the jot adjacent to Best Buy and are In the process of applying for a new SDP review and will be applying for a new building permit 1n the near future. It Is my understanding that the Impact fees must be refunded and then new tees will be assessed once the new building permit is ready for issuance. Please notify us of what the next step is In this process. Should you have any questions or require additional Information, please feel free to call me. If am not available, Truman Gee Is the Architectural Program Manager and will be able to answer any questions, Sincerely, INTERPLAN LLC ~)L r.~ Kevin Busse Managerl Site Development Services cc: Dana Yacavace, Staples Truman Gee, nterplan, LLC. File ARCHITECTURE . ENGINEERING . PROJECT MANAGEMENT . INTERIOR DESIGN . AA 003420 . CA 6660 ORLANDO DAlLAS CHICAGO ATlANTA development services for restaurant, reloll, hospltollty and commercial programs . www.lnterplanorlando.com Agenda Item No. 16A6 April 12, 2005 Page 1 of 31 EXECUTIVE SUMMARY -, Recommendation to approve the Release and Satisfaction of Lien for the following cases: Rene Bravo 04-09200-COA; Robert D. Bidlack 2003-045; Keith T. Heckman 2003-058; Keith T. Heckman 2003-059; Eligio & Manuela Santos 2004110618 and 2004110884; Lynda Pasqua S.O 140565; Wesner & Gabrielle Moise 2003-053; Brad & Phyllis Estes 2004-042; Ponce Realty Company 2003-042; George & Sandra Parsons 2004-025; Keith T. Heckman 2004-074; Benigno & Maria Lopez & Roderick H. Hilgeman 2002-031; Tsalach Investments 2003-438; MAC Builders, Inc. 2005-54 and 2005-55; Julio Dominguez 2001-214 and 2001-221; Lloyd G. Sheehan 2001-321; Guy E. & Diane J. Baur 2003-284; Guy E. & Diane J. Baur 2002-61; Hamilton Bay Development, LLC 2004-129; Michael & Judith Austin 2004060620 and 2004060649; William Bell S.O 140578; Eh & Catherine Pretschold 2004-272; David Redding 2005-19; Family Storage 2003-283; Golden Florida Resort, Inc. 2005-07; James & Rachel Caruana 2005-05; Margarita Munoz 2004- 267; Patrascu Ruset S.O 140592; OBJECTIVE: To approve execution and recording of the Release and Satisfactions of Lien acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. CONSIDERATIONS: ,-,. Case No. Owner of Record Lien Amount 04-09200-COA Rene Bravo $100.00 2003-045 Robert D. Bidlack $1,097.75 2003-058 Keith T. Heckman $1,298.00 2003-059 Keith T. Heckman $1,262.00 2004110618 and Eligio & Manuela Santos $170.00 2004110884; S.O 140565 Lynda Pasqua $51.00 2003-053 Wesner & Gabrielle Moise $1,180.75 2004-042 Brad and Phyllis Estes $416.45 2003-042 Ponce Realty Company $10,000.00 2004-025 George & Sandra Parsons $500.00 2004-074 Keith T. Heckman $372.96 2002-031 Benigno & Maria Lopez & Roderick $10,000.00 H. Hileeman ,,-. Agenda Item No. 16A6 April 12, 2005 Page 2 of 31 .,,- 2003-438 Tsalach Investments $255.00 2005-54 and Mac Builders $4,399.98 2005-55 2001-214 and Julio Dominguez $490.00 2001-221 2001-321 Lloyd Sheehan $400.00 2003-284 Guy E. & Diane J. Baur $400.00 2002-61 Guy E. & Diane J. Baur $350.00 2004-129 Hamilton Bay Development, LLC $255.00 2004060620 and Michael & Judith Austin $240.13 2004060649 S.O 140578 William Bell $81.00 2004-272 Eh & Catherine Pretschold $300.00 ..........., 2005-19 David Redding $255.00 2003-283 Family Storage $255.00 2005-07 Golden Florida Resort, Inc. $255.00 2005-05 James & Rachel Caruana $255.00 2004-267 Margarita Munoz $255.00 S.O 140592 Patrascu, Ruset $81.00 TOTAL RECEIVED 34,976.02 FISCAL IMPACT: A total of$34,976.02 has been collected to satisfy these cases. The only expense incurred by the County is the cost of recording the Release and Satisfactions, which is estimated to be approximately $10.00 per lien, totaling $280.00 which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien. PREPARED BY: Janet Powers, Operations Manger Code Enforcement .-. Agenda Ileln No. 16A6 April 12, 2005 Page 3 of 31 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16A6 Recommendation lo approve the Release and Satisfaction of lien for the tollo~'\ng cases Ren~ Brave 04-0920Q-COA; Rober! D. Bidlack 2003-Q045; Keith T, Heckrnan 2003-058; Keith T. Heckman 2003-059; Eligio & Manuela SantoI' 2004110618 and 2004110884: Lynda Pasqua S.O 140565: Wesner & Gabrielle Moise 2003-05:?: Brad & Phyllis Estes 2004-042; Ponce Realty Company 2003-042; George & Sandra Parsons 2004-025; Keith T. Heckman 2004.07~: Benigno & Maria Lopez & Roderick H. Hilgeman 2.002·031' Tsalach Investments 2003-438. MAC Builders, Inc. 2005-54 and 20D5-55~ Julia Dominguez 2001-214 and 2001- 221; Lloyd G, Sheenan 2001-321: Guy E. & Diane J. Baur 2003~284; Guy E. & Diane J. Baur 200:'-61; Hami!ton Bay Development, LLC 2Q04-129, Mich.ae! & Judith Austin 20040606:0 and 2004060649~ \¡Villiam Ben S.O 140578; Eh & Catherine Pretscho!d 2004-272: David Redding 2005·19, Family Storage 1003-283", Golden Florida Resort Inc. 2005-07: James & Rachel Caruana 2005-05: Margarita Munoz 2004-267: Patra~cu Ruset 5.0 140592 4112120059:00:00 AM 118m Number Item Summary Approved By Michelle Edwards Arnold Code Enfor~ment Director Date Community D~v(llopmiÐnt & E.nv!ronmC'ntal S(!rvICC~ Code EnforcelT'lent 3/29/2005 2:22 PM Approved By Joseph K. Schmitt Communìty D~velopment & Environmental Services. Adminstfator Dale Community Devolopment & Environmental S~tviçes C.ommunity DevelDpment & Environmental ServÎces Admin. 3129120058;24 PM Approved By Sandra Lea Executive 5U'I;retary Date Community Development & Environmenb¡1 Se",jcl~!i Community D~velopment & Envírnnmental S~l'Yic~s Admin. 3/301200510:33 AM Approved By Constance A. Johnson Operation ; Analyst Date cou'U1wnity Oevnloprnttut" Envlronmcnt.1ll Servic~.s CI)mrnunífy Develc pment &. Environmental Sorvices Admin. 3/30120054:04 PM Approved By OMB Coordinatur Admin¡s.tr.ative Auist..nt Date County Manager's Office OfficI!' of Management & Budget 4111200511:59 AM Approved By M.lrk t$.adu;on 9udUl!t Analy¡¡t Cate County Manê1ger' ô Oftk~ Dt1j(;f! of" Ma"ag~m4!n1 & Bud ut 41<4,120058:4-'2 ANI Approved By Michael Smykowskì Management & Budget Director Date County Mandger's Office Office of Managemtmt & Budget 414/200510:36 AM Approved By Jmnes V. Mudd County Manager Da.tl! Board of County Commís$.ioners County Manager's Office 41412CJ05 6:.9 PM Agenda Item No. 16A6 April 12, 2005 Page 4 of 31 SA TISF ACTION AND RELEASE OF CIVIL JUDGMENT This is to certify that the Civil Judgment in the amount of five hundred dollars ($500.00) recorded in O.R. Book 3632, Page 0816, et seq. of the Public Records of Collier County, Florida, arising out of the Code Enforcement Citation #1354, issued to Rene Bravo and filed as County Court Case Number 04-09200-COA, has been satisfied by Rene Bravo's payment of$100.00 for fines and is hereby released in full. The undersigned is authorized to and does hereby release this Civil Judgment as to Rene Bravo for good cause shown and consents to this Civil Judgment being discharged of record. Dated this day of ,2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A6 April 12, 2005 Page 5 of 31 This inslIUment prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated January 27, 2004, a copy of which was recorded in O.R. Book 3495, Pages 785, et seq., on February 4, 2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Robert D. Bidlack has been discharged in full. The real property located at 641 Forest Avenue, Bonita Springs, Florida, more specifically described in the deed recorded in Official Record Book 1353, Page 1292, et seq., of the Public Records of Collier County. Folio No. 24532680000 Cost: $1,097.75 Reference: CEB No. 2003-045 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Robert D. Bidlack, and consents to this lien being discharged of record. Dated this day of ,2005. A1TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMlSSIONERS COlLIER COUNTY, FLORIDA . Deputy Clerk By: FRED W. COYlE, CHAIRMAN By: Agenda Item No. 16A6 April 12, 2005 Page 6 of 31 This instrument prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE AND SA TISF ACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated March 2, 2004, a certified copy of which was recorded in O.R. Book 3515, Pages 1402, et seq., on March 8,2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Keith T. Heckman has been discharged in full, The real property located at 121 White Way, Immokalee, Florida, more specifically described in the deed recorded in Official Record Book 2232, Pages 0218, et seq., of the Public Records of Collier County. Folio No. 35540240007 Cost: $1,298.00 Reference: CEB No. 2003-058 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Keith T. Heckman, and consents to this lien being discharged of record. Dated this day of ,2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN ~;,~,.:.~/.:..". ,-,.i....'¥;ú~.;.;':·,;.¡~Ät-~~d·:_:<:'.<,·^· Agenda Item No. 16A6 April 12. 2005 Page 7 of 31 This insuument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403·2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated March 2, 2004, a certified copy of which was recorded in O.R. Book 3515, Pages 1405, et seq., on March 8, 2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Keith T. Heckman has been discharged in full. The real property located at 121 White Way, Immokalee, Florida, more specifically described in the deed recorded in Official Record Book 2232. Pages 0218, et seq., of the Public Records of Collier County. Folio No. 35540240007 Cost: $1,262.00 Reference: CEB No. 2003-059 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Keith T. Heckman, and consents to this lien being discharged of record. Dated this day of ,2005. ATTEST: DWIOHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 April 12, 2005 Page 8 of 31 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Eligio & Manuela Santos The lien was recorded on January 24, 2005, Official Record Book 3720 Page 2458, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Hundred Seventy Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 3890 21st Ave. S.W., Naples, Florida 34116 Cost: $170.00 Reference: 2004110618/2004110884 Folio: 38053120006 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of CoJlier County, Florida, to acknowledge that the lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency Agenda Item No. 16A6 April 12, 2005 Page 9 of 31 This instrument prepared by: Leonardo Bonanno. Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SA TISF ACTtON OF LtEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Lynda Pasqua The lien was recorded on January 24, 2005, Official Record Book 3720 Page 2463, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Fifty One Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida. Cost: $51.00 Reference: S.O #140565 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ',,,j;>:<',:,,;, Agenda Item No. 16A6 April 12. 2005 Page 10 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated March 2, 2004, a certified copy of which was recorded in O.R. Book 3515, Pages 1411. et seq., on 3/8/2004, of the Public Records of Collier County. Florida. against the following described real property, and all other real and personal property located in Collier County, owned by Wesner Moise and Gabrielle Marie Rene, aka Gabrielle Marie Rene Moise, has been discharged in full. The real property located at 120 12th Street NE, Naples, Florida, described as the North 75 feet of the South 180 feet of Tract 75, GOLDEN GATE ESTATES. Unit No. 49. according to the plat thereof, recorded in Plat Book 5. Page 80 of the Public Records of Collier County, Florida. Folio No. Cost: Reference: 39265720002 $1,180.75 CEB 2003-053 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Wesner Moise and Gabrielle Marie Rene, and consents to this lien being discharged of record. Dated this day of .2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl1...IER COUNTY. FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Ap leg Jeffre Assís Agenda Item No. 16A6 April 12, 2005 Page 11 of31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated December 1, 2004, a certified copy of which was recorded in O.R. Book 3689. Pages 1669, et seq., on December 3, 2004, of the Public Records of Collier County, Florida, against the following described real property, and aU other real and personal property located in Collier County, owned by Brad Estes and Phyllìs Estes has been discharged in full. The real property located at 1120 Rosemary Lane, Naples, Florida, more specifically described in the deed recorded in Official·Record Book 1455, Pages 188, et seq., of the Public Records of Collier County. Folio No. 70970800001 Cost: $416.45 Reference: CEB No. 2004-042 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Brad Estes and Phyllis Estes, and consents to this lien being discharged of record. Dated this day of ,2005. ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COlliER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN· By: Agenda Item No. 16A6 April 12, 2005 Page 12 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated December 15, 2003, a certified copy of which was recorded in O.R. Book 3467, Pages 3318, et seq., on December 19, 2003, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Ponce Realty Company, has been discharged in full. The real property located at 5038 Coronado Parkway, Naples, Florida, more specifically described in the deed recorded in Official Record Book 2595, Pages 1317, et seq., of the Public Records of Collier County. Folio No. 36316320008 Cost: $10,000 Reference: CEB No. 2003-042 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Ponce Realty Company, and consents to this lien being discharged of record. Dated this day of ,2005. ATTEST: DWIGHf E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Agenda Item No. 16A6 April 12. 2005 Page 130f31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403·2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated June 4, 2004, a certified copy of which was recorded in O.R. Book 3583, Pages 562, et seq., on June 9, 2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by George and Sandra Parsons, has been discharged in full. The real property located at 48 Moon Bay Street, Naples, Florida- more specifically described in the deed recorded in Official Record Book 2914, Pages 1369, et seq., of the Public Records of Collier County. Folio No. 68341760009 Cost: $500.00 Reference: CBB No. 2004-025 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by George and Sandra Parsons, and consents to this lien being discharged of record. Dated this day of , 2005. A TIEST: DWIGHr E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COILIER COUNTy, f1LORIDA By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN Agenda Item No. 16A6 April 12,2005 Page 14 of 31 This instroment prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated February 2, 2005, a certified copy of which was recorded in O.R. Book 3730, Pages 2007, et seq., on February 8, 2005, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Keith T. Heckman has been discharged in full. The real property located at 905 Alachua Street, Immokalee, Florida, more specifically described in the deed recorded in Official Record Book 2281, Pages 1081, et seq., of the Public Records of Collier County. Folio No. 63865080008 Cost: $372.96 Reference: CEB No. 2004-074 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Keith T. Heckman, and consents to this lien being discharged of record. Dated this day of , 2005. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COlLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN . By: .~---' ,"'- Agenda Item No. 16A6 April 12,2005 Page 15 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, F10rida 34112 (239) 403-2440 RELEASE AND SA TISF ACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated March 28, 2003, a certified copy of which was recorded in O.R. Book 3259, Pages 0280, et seq., on April 7, 2003, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Benigno Lopez and Maria Lopez, Husband and Wife, and Roderick H. Hilgeman, a single man, has been discharged in full. The real property located at 145 9th Street N.W., Naples, Florida, more specifically described in the deed recorded in Official Record Book 2825, Pages 1992, et seq., of the Public Records of Collier County. Folio No. 37066800000 Cost: $10,000.00 Reference: CEB No. 2002-031 The undersigned is authorized to and does hereby release this Hen as to the whole of the above-described real property, and all other real and personal property owned by Benigno Lopez and Maria Lopez, Husband and Wife, and Roderick H. Hilgeman, a single man, and consents to this lien being discharged of record. Dated this day of ,2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COlLIER COUNTY, FLORIDA By: By: FRED W. COYLE, CHAIRMAN , Deputy Clerk Agenda Item No. 16A6 April 12, 2005 Page 16 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003-438 against: TSALACHINVESTMENTS The lien was recorded on 1/812004, Official Record Book 3480 Page{s) 1623, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: LOT 19 BLOCK 191 GOLDEN DATE UNIT 6 Cost: $255.00 Reference: 2338 Folio: 36308280004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency th @ß~ Thomas C. Palmer Assistant County Attorney This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 April 12, 2005 Page 17 of 31 ..c,:" SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of certain liens by· Resolutions No. 2005-54 & 2005-55 against: MAC BUILDERS, INC. The liens were recorded on2l18/2005, Official Record Book 3737 Page(s)0809-0812, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Four Thousand Three Hundred Ninety-Nine Dollars and Ninety Eight Cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: LOT 6 OF BLOCK 3 AND BLOCK 5, PALM SPRINGS PlAZA UNIT 1 ACCORDING TO PLAT BOOK 8 PAGE 21 Cost: $4,399.98 Reference: 2627 & 2627 Folio: 65721280005165721280006 Collier County, a political subdivision of the State of Rorida, by execution of this Satisfaction of lien, acknowledges payment as full satisfaction of these liens and hereby cancels said liens. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of lien in the Official Records of Collier County, Florida, to acknowledge that the liens cease to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfåction of lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E.BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency F~9~ Thom s C. Paìmer Assistant County Attorney Agenda Item No. 16A6 April 12, 2005 Page 18 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of certain liens by Resolutions No. 2001-214 & 2001-221 against: JULIO DOMINGUEZ The liens were recorded on 07/05/01, Official Record Book 2853 Page(s) 2350-2351 and 2362-2363, in the Official Records of Collier County, State of Florida. The liens each secure the principal sum of Two Hundred Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 175, Unit 5 - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. Cost: $490.00 Total Reference: 160811712 Folio: 36247840000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the liens and hereby cancels said liens. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the liens cease to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this _ day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~~~ Thom . C. Palmer Assistant County Attorney This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 April 12,2005 Page 19 of 31 SA TISFACTIONOF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2001-321 against: LLOYD G. SHEEHAN The lien was recorded on 10/3/2001, Official Record Book 2901 Page(s) 1759, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Four Hundred Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 16, Block 6, NAPLES MANOR ADDITION, according to thePlat thereof and recorded in Public Records of Collier County, Florida, plat Book 3, Pages 67 and 68. Cost: $400.00 Reference: 1826 Folio: 62094080003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. AlTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency Thom~Il?~~ Assistant County Attorney Agenda Item No. 16A6 April 12, 2005 Page 20 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003-284 against: GUY E. & DIANE J. BAUR The lien was recorded on 9/15/03, Official Record Book 3396 Page(s) 2762, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Four Hundred Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lots 61, 62, and 63, PINELAND ON THE TRAIL, a subdivision according to the plat thereof recorded in Plat Book 3, Page 60, of the Public Records of Collier County, Florida. Cost: $400.00 Reference: 2283 Folio: 67080920004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency Thom~f~ Assistant County Attorney This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 April 12, 2005 Page 21 of 31 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002-61 against: GUY E. & DIANE J. BAUR The lien was recorded on 3/6/2002, Official Record Book 2993 Page(s) 3084, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Three Hundred and Fifty Dollars, plus accrued interest and penalties, if any, and imposes certain obUgation against real property situated in Collier County, Florida, which property is described as follows: Lots 61, 62, and 63, PINELAND ON THE TRAIL, a subdivision according to the plat thereof recorded in Plat Book 3, Page 60, of the Public Records of Collier County, Florida. Cost: $350.00 Reference: 1994 Folio: 67080920004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said Hen. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency 1k '?k.---- Thomas C. PahÌ1er Assistant County Attorney -- - ,. Agenda Item No. 16A6 April 12, 2005 Page 22 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2004-129 against: HAMILTON BAY DEVELOPMENT, LLC The lien was recorded on 5/20/2004, Official Record Book 3568 Page(s) 3563, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lots 19. Block 6, TRAIL ACRES, according to the plat thereof as recorded in plat book 3, Page 50, public records of Collier County, Florida. Cost: $255.00 Reference: 2468 Folio: 77214760004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~QJ~ Thomas C. Palmer Assistant County Attorney This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 April 12, 2005 Page 23 of 31 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: MICHAEL & JUDITH AUSTIN The lien was recorded on 12/03/2004, Official Record Book 3689 Page 2605, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Dollars and Thirty Cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida. Cost: $240.13 Reference: 2004060620/2004060649 Folio: 41822560004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~rtJi ~.¿~ Jenni er Belpe Assistant County Attorney Agenda Item No. 16A6 April 12, 2005 Page 24 of 31 ... This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: WILLIAM BELL The lien was recorded on 1/24/2005, Official Record Book 3720 Page 2464, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Eighty-One Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida. Cost: $81 Reference: SO 140578 Folio: N/A Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency d(l1\-~·~ Jenn er Belpe ì Assistant County Attorney - This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 April 12, 2005 Page 25 of 31 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2004-272 against: EH & CATHERINE PRETSCHOLD The lien was recorded on 10/15/2004, Official Record Book 3661 Page(s) 1196-1197, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Three Hundred Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 6 Block a Conner's Vanderbilt Beach Estates Unit N02 according to plat book 3 page 17. Cost: $300 Reference: 2544 Folio: 27588840008 Collier County, a political subdivision of the State of Florida, by éxecution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of the Satisfaction of lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~W~ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A6 April 12, 2005 Page 26 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2005-19 against: DAVID REDDING The lien was recorded on 2/4/2005, Official Record Book 3728 Page(s) 2434-2435, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: SECTION 4 TOWNSHIP 47 SOUTH RANGE 29 EAST Cost: $255.00 Reference: 2516 Folio: 00012528000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency d"'" PJ% Thom sC. Palmer Assistant County Attorney ;:''>-:','':~'-';h",~",~,,;·':...i'''Ji;;..:i~:',';;;::l-' , """.;:,.."-,,,,...{,,,-.-,./.,._-.'., This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 April 12, 2005 Page 27 of 31 SATISFACTtONOF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003-283 against: FAMILY STORAGE The lien was recorded on 9/15/2003, Official Record Book 3396 Page(s) 2760-2761, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: SECTION 32 TOWNSHIP 50 SOUTH RANGE 26 EAST Cost: $255.00 Reference: 2277 Folio: 00440000000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~~.. Thomas C. Palmer Assistant County Attorney ,-,----"..,..,-_._.._--->~..,- Agenda Item No. 16A6 April 12, 2005 Page 28 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2005-07 against: GOLDEN FLORIDA RESORT, INC. The lien was recorded on 2/4/2005, Official Record Book 3728 Page{s) 2418-2419, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation againstreal property situated in Collier County, Florida, which property is described as follows: Lot 64 of Port of the Islands Phase II accoding to plat book 21 pages 1-4 Cost: $255 Reference: 2615 Folio: 68300003286 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~r?~ Thomas C. Palmer Assistant County Attorney This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 Agenda Item No. 16A6 April 12, 2005 Page 29 of 31 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2005-05 against: JAMES & RACHEL CARUANA The lien was recorded on 2/4/2005, Official Record Book 3728 Page(s) 2414-2415, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: LOT 71 OF PORT OF THE ISLANDS PHASE II, PLAT BOOK 21 PAGES 1-4 Cost: $255.00 Reference: 2620 Folio: 68300003406 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of ,2005. ATIEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency ~ (iL--- Thomas C. Palmer Assistant County Attorney .-.. I Agenda Item No. 16A6 April 12, 2005 Page 30 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SA TISFACTIO NOF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2004-267 against: MARGARITA MUNOZ The lien was recorded on 10/15/2004, Official Record Book 3661 Page(s) 1186-1187, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: LOT 31 BLOCK A OF MYRTLE COVE ACRES UNIT NO.1 ACCORDING TO PLAT BOOK 3 PAGE 38 Cost: $255.00 Reference: 2277 Folio: 00440000000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman Deputy Clerk Approved as to form and legal sufficiency Tholb?~ Assistant County Attorney Agenda Item No. 16A6 April 12. 2005 Page 31 of 31 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: PATRASCU,RUSET The lien was recorded on 1124/2005. Official Record Book 3720 Page 2462, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Eighty-One Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida. Cost: $81.00 Reference: SO 140592 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby can eels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to a.cknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of ,2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency Agenda Item No. 16A 7 April 12, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a resolution supporting the preservation of the Community Development Block Grant (CDBG) program funding within the United States Department of Housing & Urban Development (HUD). OBJECTIVE: To have the Board of County Commissioners (BCe) approve a resolution supporting the preservation of the Community Development Block Grant (CDBG) program within the United States Department of Housing and Urban Development (HUD) and submit the resolution to Collier County's congressional representatives. CONSIDERATIONS: On May 8, 2001 the BCC approved submission of the County's first Five-Year Consolidated Plan (FY 2001-2002 through FY 2005-2006) to HUD. Collier County has received CDBG entitlement funds trom HUD since 200 I. During the past four years, low and moderate income residents in Collier County have benefited from $9,789,000 in CDBG funds utilized for affordable housing, public facility improvements, public service grants, education, job training and other eligible activities. ,.......... FISCAL IMPACT: The CDBG grant allocation for FY 2005-2006 is presently expected to be $2,637,663. Under the administration's current proposal CDBG will be eliminated from HUD with the remainder of the program transferred to the Department of Commerce. It is estimated that the FY 2006 CDBG program could be reduced by a~ least fifty percent, if not totally eliminated. This could result in a FY 06 loss of $1,320,000 - $2,600,000 in CDBG funds for the County's affordable housing, job creation, public service and other efforts. GROWTH MANAGEMENT IMPACT: The potential loss of $2,600,000 in CDBG funds will negatively impact our efforts to implement specific aspects of the Growth Management Plan and Redevelopment Plans as it relates to affordable housing, economic development and infrastructure improvements and social services. LEGAL CONSIDERATIONS: The proposed resolution supporting the preservation of the CDBG program, is internally consistent, and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the BCC approve the resolution supporting the preservation of the CDBG program within HUD. Prepared by: Susan Golden, Federal/State Grants Administration Manager Financial Administration and Housing .-. T Item Number Item Summary Meeting Date Agenda Item No 16A7 April 12, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 Recommendation to approve a resol1..ition supporting the preservatiol1 of the Community Development Block Grant (CDBG) program funding within the United States Department of Housing & Urban Development (HUD). 4/12/20059,00:00.AM Susan Golden 3/29120059:78:44 AM Prepared By Community Development & Environmental Servic.es; Dute Fedui.1I/St:øte Gran!$ Administration M,¡nag~r Financial Admin. & Housing Outr. Approved By Corm~c Giblin Community DItYi~l(lpmlwt & Envimnmental Services. Housïng Devetoprnent Man2tg~r Firlancial Admin. & Housing 3/2.9/2D05 2:21 PM Date Approved By Constance A. Johnson Community [}@vtllopmen1 & Environmental Services Opeutions Analys.t Community DlJ'vclopmcnt & Environment..! Services Admin. 312912005 3:43 PM Date Approved By S.3l1dra Lea Community Development & Eovìrlm'nttut.11 St!tvíC.IHI Executive Secretary Community Development &, Elwlmnm~ntnl Servicê.!\. Admin. 3/.301200510:45 AM Date Approved By Denton Baker Cmnmunity Oe,vl!h)J.meut'\ Environmenul Sf.)rvic~& Financial Admin & Housing Director Financial Admin. & Housing 3/31'2D05 5:18 AM Date Approved By Joseph K. Schmitt Community D~...e¡opment & Environmental Services Community Development & Environment..1 Services Admins.1rator Community Development & Environmental Services Admin. 31311200& 9:<7 AM Dut~ Approved By ONB Cocf1Hnator County M.tlJlag~!r·fi Offif:(! AdrniJli5Wdtive ÄS$h,¡tant Offi<:e of Managemt!tlt & Budgut 4111200& 12:01 PM Do" Approved By Mark Isackson County Manager'!ii Of1ic;e Budget Analyst Office of M;anagehlortt & Budget ""4/20059:10 AM D... Approved By Míchael Smyl<Dwski County Manager's, Office M:lnagenumt & Budget OirectOf Office of M¡¡llsgement & Budget 4/4/2005 10;33 A.M Oatu Approved By Jmnes V, Mudd Board of County Cortllnissjohern County Managl!r County Manager's OfflCf'; 4f6J2005 1:12 PM r-·-- Agenda Item No. 16A7 April 12, 2005 Page 3 of 4 RESOLUTION NO. 2005-_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SUPPORTING THE COMMUNITY DEVELOPMENT PROGRAM AND URGING CONGRESS TO PRESERVE ITS FUNDING, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Community Development Block Grant (CDBG) program was enacted as the centetpiece of the Housing and Community Development Act of 1974; and WHEREAS, the CDBG program has as its primary objective "... the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income;" and WHEREAS, the CDBG program provides flexibility to allow communities to carry out activities that are tailored to their unique affordable housing and neighborhood revitalization needs; and WHEREAS, throughout its 30-year history, the CDBG program has been a partnership among the federal, state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low and moderate income families; and WHEREAS, according to the Department of Housing and Urban Development (HUD), in FY 2004 CDBG provided funds for thousands of activities, assisting over 23 million persons and households through such activities as expanding homeownership, eliminating slum and blight influences, improving infrastructure such as, water and sewer systems, community centers, adult day care and after school care for children, homeless housing facilities, employment training and job creation; and WHEREAS, Collier County utilizes over $2,600,000 in CDBG funds each year to provide for affordable housing development, job creation, public facilities and other eligible activities; anda WHEREAS, the President's FY 2006 budget proposes to eliminate the CDBG program; and WHEREAS, should such a proposal be enacted, it would have a devastating effect on Collier County's affordable housing, job creation, infrastructure and public service initiatives. Agenda Item No. 16A7 April 12, 2005 Page 4 of 4 .- NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Collier County, Florida hereby calls on the Congress to preserve the Community Development Block Grant (CDBG) Program within the Department of Housing and Urban Development and provide a FY 2006 funding of at least $4.7 billion overall, with no less than $4.35 billion informulafunding. This resolution adopted this majority vote mvoring same. day of April, 2005, after motion, second and ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA By: Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved to form and Legal sufficiency: Patrick G. White Assistant County Attorney .' Agenda Item No. 16A8 April 12, 2005 Page 1 of 2 .ø""'......· APPRO V AL OF BUDGET AMENDMENTS BCC Agenda of April 12, 2005 Community Development Fund (113) Budget Amendment #05-275 Ooeratin2 Exoenses Private Reimbursements $25,000 Reserves ReseIVe for Contingency ($25,000) -0- Total Explanation: Prior year reimbursement of a 1998 posted cash bond to Manatee Commercial Excavation. The cash bond was inadvertently posted to a prior year operating revenue account and not the appropriate refundable deposit account. A budget amendment is required to provide sufficient expense budget in 113-138900, which in turn will trigger the appropriate accounts payable transaction. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB Page 1 of 1 ----"'_.~._-_._.._----~"~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 16A8 Budgel Amendment - Prior year reimbursements 4/12/20059:00:00 AM Approved By OMS Coordinator Adminìs.tr.ative Assjs't~nt County M.anager's OfficI!' Ofhce of Managom4!!nt & BudgeC Dnte Approved By Murk ISólCks( 1I Bud~I(!1 Analy!>1 Dn1ø County Manager's Office Office of Management & Budget Approved By Michacl Smykow,ski Man~gemønt &. Budget Director Date County Ma"U9~r'1ò otfic~ Office 01 Management & Budget Approved By Jame!\. V. Mudd County Manager 415i2D05 8:32 PM Board of County Commissioners County M:ltnagE'!r's OffÍ<:e Agenda Item No. 16A8 April 12, 2005 Page 2 of 2 Date 411;200S 9:13 AM 411/200512:32 PM 4/512005 10,48 AM ---.,-- Agenda Item No. 16A9 April 12, 2005 Page 1 of 30 EXECUTIVE SUMMARY Recommendation to adopt a Resolution opposing enactment into law of specified clauses of proposed Senate Bill 7048 providing for a local option real estate transfer surtax on deeds and related limits and restrictions on impact fee rates that, if enacted, will have a detrimental effect on the County's ability to provide necessary and required growth-related capital improvements OBJECTIVE: Recommendation that the Board of County Commissioners adopt the attached Resolution to express opposition to specified clauses of proposed Senate Bill 7048. CONSIDERATIONS: Senate Bill 7048 proposes to create a new Section 201.02 providing for the levy of a local option real estate transfer surtax on deeds at a rate not exceeding 5 cents on each $100. Further, Section 201.02 (10) of the Bill states: "If the governing authority of a county imposes a surtax pursuant to this section, the governing authority may not increase the rate of any impact fee beyond the rate imposed on January 1,2003" and the governing authority "may not impose an additional impact fee until the ordinance imposing this surtax has been rescinded and all obligations against which the surtax revenues have been pledged are satisfied. "...N"_" This proposed addition of Section 201.02 (10), Florida Statutes, severely erodes the authority and ability of local governments to plan, manage and fund construction or improvement of public facilities necessitated by growth by fTeezing impact fee rates at the rate in effect on January 1, 2003 and not allowing for any subsequent increases. The additional revenue generated by the local option real estate transfer surtax is not sufficient to offset the increasing demands of growth, particularly with respect to land costs and right-of way acquisitions, which have increased dramatically within Collier County over the last several years. Proposed SB 7048 creates oppressive restrictions on the implementation of impact fees/increases and would invalidate Collier County's existing provisions for annual impact fee indexing adjustments, which were established to provide scheduled, predictable rate adjustments and were designed to avoid economic disruptions caused by large rate increases. The indexing adjustments not only allow the County to keep fees consistent with increases or decreases in costs related to land, construction and materials, but also provide a schedule which customers can utilize to plan and budget for changes in impact fees related to their construction projects and capital investments. The proposed restrictions on impact fee increases would also abolish the County's current requirements for a fonnal impact fee study every three years for each of the impact fees during the time period that the surtax is levied and until all obligations against which the surtax revenues have been pledged are satisfied. The current update process is designed to ensure that future development contributes its fair share to the cost of in&astructure improvement/additions directly necessitated by growth. By eliminating the County's SB 7048 Page 2 Agenda Item No. 16A9 April 12, 2005 Page 2 of 30 ability to update impact fees to accurately reflect actual costs, population and inrrastructure demands of growth, the County will not be able to efficiently manage and accommodate growth, as mandated by State law. Further, by freezing the impact fee rates at January ], 2003, if enacted, the proposed legislation invalidates the Water and Sewer Impact Fee Update, effective April 2003, the Parks and Recreation Impact Fee Indexing, effective August 2003, the Road Impact Fee Increase for Utility Relocates and the Road Impact Fee Indexing, both effective October 2003, the General Government Buildings Impact Fee, effective April 2004, the Library Impact Fee Update, effective May 2004, the Water and Sewer Impact Fee Update, effective June 2004, the Parks and Recreation Impact Fee Indexing, effective August 2004, the Road Impact Fee Indexing, effective November 2004, and the Government Buildings Impact Fee Indexing, effective April 2005. Additionally, all impact fees currently under study would no longer be eligible for update, which include Schools, Parks, Roads, Jail, Fire, EMS and the new Law Enforcement Impact Fee. Existing Chapter ] 63.3202 (3), Florida Statutes encourages the use of innovative land development regulations which include provisions such as transfer of development rights, incentive and inclusionary zoning, planned-unit development, impact fees, and performance zoning, however, the proposed legislation does not properly balance the demand placed on public facilities by growth and the requirement for development to pay its fair share of such necessitated improvements against the requirements of the local governments to fund such construction and improvement projects. The addition of a local option real estate transfer surtax may provide an additional, viable funding source for the construction of capital facilities, however, the proposed legislation does not consider that the revenue gained through the real estate transfer surtax does not offset the revenue lost by the requirement to freeze impact fees at the 2003 rates. A more reasonable approach to implement a local option real estate transfer surtax while still fully utilizing the participating County's impact fee program would be to ensure that the impact fee revenues and the proceeds from the surtax do not equate to a "double-charge". In the event that both revenue streams are dedicated to the same capital project, the surtax may be treated as a "credit" within the methodology for the specified impact fee. Collier County's impact fee program and methodologies already take into consideration and provide a "credit" for other sources of revenue that may be expended for the same purpose as the specified impact fee and therefore avoid the potential for double-charging. GROWTH MANAGEMENT IMPACT: This Resolution will have no direct impact on growth management, however, Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), states: "Future development will bear a proportionate cost of facility improvements necessitated by growth." The enactment of the proposed bill provides for a local option real estate transfer surtax, which may provide additional revenue for financing capital projects, however if the County chooses to levy the surtax, it limits the County's ability to fund the fair share cost of capital improvements necessitated by growth, the same that are statutorily required to be constructed by the County to manage and provide for the growth. r SB 7048 Page 3 Agenda Item No. 16A9 April 12, 2005 Page 3 of 30 FISCAL IMPACT: The attached Resolution has no direct fiscal impact, however, based on real estate sold in Collier County in 2003, the proposed real estate transfer surtax would generate approximately $3.4 million in revenue to the County. In comparison, impact fee collections in Fiscal Year 2003 totaled approximately $63 million and in Fiscal Year 2004 impact fee collections totaled approximately $10 1 million with the increase in revenue ($37 million) due in part to formal updates of impact rates, annual indexing of impact fees and the adoption of a new impact fee. If impact fee rates were frozen at the January 1, 2003 rate, overall collections would never exceed the amount collected in 2003. This results in $37 million in "lost" impact fee revenue and approximately $3.4 million in "new" revenue from the surtax, or a net loss of $33.6 million in capital project funding. A revenue shortfall of this magnitude has deleterious effects to the health, safety, and welfare of Collier County. Additionally, the cost per lane mile for road construction in 2003 totaled $3.38 million and is currently $3.57 million and continues to increase based in part on the rapidly increasing land and right-of-way costs. The surtax, as proposed, may generate enough revenue annually to fund the construction of one lane mile of roadway. The same land increase affects all other public facilities that must purchase land in order to construct the necessitated infrastructure. The proposed legislation does not consider that the revenue gained through the real estate transfer surtax does not offset the revenue lost by the requirement to freeze impact fees at the 2003 rates and no reasonable rationale for doing so has been established. LEGAL CONSIDERATIONS: The proposed Resolution is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for Board consideration and approval. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express opposition to enactment of this proposed legislation into Florida's General Law, until and unless the County's concerns, contained herein and in the attached Resolution, are cured through amendments to proposed Senate Bill 7048 and any other similar legislation, and direct staff to deliver a copy of this Resolution to the Florida Association of Counties and to each member of Collier County's Local Legislative Delegation. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing Community Development and Environmental Services Division r Item Number Item Summary Meeting Date Agenda Item No. 16A9 April 12, 2005 Page 4 of :,0 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A9 Recomrner¡dstion to adopt a Resolution opposing enactment into law of specified clause$. of proposed Senat~ Bi!l7048 providing for a I(leal optjon real estate transfer surtax on deeds. and related Jimits a.nd restrictions on impact fee rates that. jf enacted, willl1ave 8 detrimental effect on the County's ability 10 provide necessary and required growth-related capìlal Improvements 4/12120059:00:00 AM Prepared By 3/30,120054:05:06 PM Amy Pattl!nwn Community Development & Environmelltal Services Oar€! ¡'"pad f"~1!: Manager Financial Admin. & HOUãtng Dlrte Approved By Phil! Tindall Transportion Services Principal Planner..concurrency Trnl1ltportatiQn Planning 3130120054:63 PM Dab! Approved By Curwtan<:1? A. John!ÖDn Community Development & Environmental Service$ Opemtion$ AnillfY$it Community Development & Environ~ntal Services Adtnil~. 3f31/2006 8:<$4 AM Datm Approved By Sandra Lea Commtmity Development & EnvimnIYIp.nt..1 Sf!rvi<:e!'l. E) (!:c~ tïyC Sec.retary Commonity Development &. Eflvirr>nnwnf;a St!1Vjf:(~$ Admin. 3/31.'2005 B:46 AM Date Approved By Denton Baker CDmmun¡t~' O~velopment & Environmental Services Fil1and~1 Admin & Hou$ing Oiret.1or Finõllnci.tI Admin. & HQu5.itlU 3131120059:'11 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services. C.ommunity Development & EnvjmtJIn..,nt;tI Ser'Yk:~ß Adlniostrator Community Development & Environmental Services Admin. 3/31/200510:15 AM Date Approved By OMB Coordinator Cmmty Mm~i.g ~rt.s. Officp. Adtnmis.tralive Assi5tant OftÏCI~ 131 MalJagcm~nt &. Budgf!t 4/11200S 12:24 PM Date Approved By Mark 1$3Ckson County Manager', Otrlce Budget Analyst OfficI?- ot Management & Budget 4/4/200510:27 AM Dute Approved By Mic:hômISmyk(lw$ki County Mmlng{Ir'~; Offi«;{! M'UI<I I~(r1l~nt & Budget DÎntctor Cffi(:(! of Ma"a!J~lTlfmt «. Budgl!t 4/41200$ 12:15 PM Date Approved By James V. Mudd Board of County Commissioners County Manager CDunty Manager's Office ""6/2005 8.:52 AM / Agenda Item No. 16A9 April 12, 2005 Page 5 of 30 RESOLUTION NO. ZOO5- _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW OF SPECIFIED CLAUSES IN PROPOSED FLORIDA SENATE BILL 7048, WHICH PROVIDES FOR A LOCAL OPTION REAL ESTATE TRANSFER SURTAX ON DEEDS, AND IF A COUNTY IMPOSES SUCH A SURTAX, IMPACT FEES MUST BE FROZEN AT THE JANUARY 1, Z003 RATES AND WILL NOT IMPOSE ADDmONAL FEES OR INCREASES UNTIL THE SURTAX HAS BEEN RESCINDED AND ALL PLEDGED OBLIGATIONS ARE SATISFIED; AND THAT, IF ENACTED, WOULD NOT PROVIDE REVENUE, GENERATED BY THE SURTAX, EQUAL TO THE REVENUE LOST BY REVERTING BACK TO 2003 RATES A..1I\ID FOREGOING ALL REQUIRED UPDATES AND INDEXING OF IMPACT FEES, wmCH WOULD HAVE A DETRIMENTAL EFFECT ON THE COUNTY'S ABILITY TO PROVIDE NECESSARY AND STATE MANDATED, GROWTH-RELATED CAPITAL IMPROVEMENTS WHEREAS, proposed Florida Senate Bill 7048, if enacted, would.create a new Section 201.02, Florida. Statutes, providing for the levy of a local option real estate transfer surtax on deeds; and WHEREAS, proposed Subsection 201.02(10), states that "If the governing authority of a county imposes a surtax pursuant to this section. the governing authority may not increase the rate of any impact fee beYond the rate inmosed on January 1. 2003 (emphasis addod);" and WHEREAS, proposed Subsection 201.02(10) further states that the governing authority "may not impose an additional impact fee until the ordinance imposing this surtax has been rcscinded and all obligations against which the surtax revenues have been pledged are satisfied;" and WHEREAS, the proposed restriction on imposing new impact fees and impact fee rate increases beyond those in effect on January I, 2003 would render completely useless and ineffective Collier County's existing provisions for annual impact fee indexing adjUS1ments, wbich were established to provide scheduled, predictable rate adjustments designed to avoid economic disruptions caused by large rate increases; and WHEREAS, Collier County formally updates its impact fees at l~ every three yellIS in order to remain consistent with the demands of growth; and WHEREAS, based on real estate sold in Collier County in 2003 the proposed real estate transfer surtax would generate approximately $3.4 million; and WHEREAS, impact fee collections in Fiscal Year 2003 totaled approximately $63 million and in Fiscal Year 2004 impact fee coqections totaled approximately $101 million with the increase in revenue ($37 million) due in part to formal updates of impact rates, annual indexing of impact fees and the adoption of a new impact fee; and Page 1 of3 r Agenda Item No. 16A9 April 12, 2005 Page 6 of 30 WHEREAS, the cost per lane mile for road construction in Collier County in 2003 totaled $3.38 million, is cw:rently $3.57 million, and continues to increase based in part on the rapidly increasing land and right~f-way costs; and WHEREAS, the proposed legislation does not consider that the revenue gajned through the real estate transfer surtax does not offset the revenue lost by the requirement to freeze impact fees at the 2003 rates; and WHEREAS, Collier County's impact fee program and methodologies already take into consideration and provide a "credit" for other 80UrCes of revenue that may be expended for the same pwpose as the specified impact fee and therefore avoid the potential for double-charging; and WHEREAS, the proposed legislation does not address the deva,.stating effect such limitations on impact fees and fee increases would have on concurrency management and funding for capital improvements, which are maruiated bv IreIleJ.1Ù Laws of Florida to manage and accommodate growth and are dependent on the County's requirement for new developments to pay their "fair share" of the cost of capital improvements necessitated by growth.. (" NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: .- ( 1. The Board of County Commissioners of Collier County, Florida opposes enactment into law proposed Florida Senate Bill 7048, because proposed Subsection 201.02(10), Florida StaJutes: (A) creates oppressive restrictions on the implementation of new impact fees and impact fee rate increases; (B) does not properly balance the demand pJaced on public facilities by growth and the requirement fur development to pay its f.à.ir share of such necessitated improvements against the requirements of the local governments to fimd such construction and improvement projects; (C) the benefit derived from the real estate transfer surtax does not offset the revenue lost through the requirement to freeze the impact fees at the January 1, 2003 rates; (D) does not uphold the current County policy that growth. is required to pay its fair share of the cost of .infrastructure necessitated by the new development; and (E) is not otherwise in the public interest. 2. The Board of County Commissioners of Collier County, FJorida, requests that its Local Legislative Deleg:ation advocate that the proposed Bills D2! be enacted into law unless and mill the County's concerns, as expressed herein, are cured by amendments to Proposed Senate Bill 7048 and any other similar or associated legislation. Page 2 of3 -'-_.~_..- Agenda Item No. 16A9 April 12, 2005 Page 7 of 30 THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this _ day of , 2005. ATI'EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy eleIk By: FRED W. COYLE, Chairman Approved as to fonn and legal sufficiency: \~I/(\ pJ,~ Thomas C. Palmer, Assistant County Attorney Page 3 of3 Florida Senate - 2005 (PROPOSED COMMITTEE BILL) Agenda Item No. 16A9 April 12, 2005 Page 8 of 30 SPB 7048 CODING: Words .3trickcn are deletions; words underlined are additions. FOR CONSIDERATION By the Committee on Community Affairs 578-1071-05 1 2 3 A bill to be entitled An act relating to local government; amending s. 163.3246, F.S.; revising various provisions of the Local Government Comprehensive Planning Certification Program; specifying the duties of 4 5 6 7 the state land planning agency rather than the Department of Community Affairs in order to conform to other provisions governing planning and development; revising the requirements for a local government to obtain certification 8 9 10 11 12 13 14 15 16 under the program; requiring that the local government develop a map, certain plans, and disaster strategies; revising requirements for public hearings; deleting provisions limiting the number of certification agreements each fiscal year; revising the requirements for filing a petition for an administration hearing concerning an agreement; providing that an 17 18 19 application for development approval within a 20 21 22 23 24 25 26 27 28 29 30 31 certified area is exempt from review as a development of regional impact; deleting provisions requiring a biennial report to the Governor and Legislature by the state land planning agency; amending s. 212.055, F.S.; abolishing a requirement that the local government infrastructure surtax be approved by a majority of the electors of the county voting in a referendum on the surtax; authorizing a majority of a county's governing body to levy the school capital outlay surtax; amending s. 336.025, F.S.; providing for the local option 1 ^".,---"'".. ~ Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) Agenda Item No. 16A9 April 12, 2005 Page 9 of 30 SPB 7048 CODING: Words 3trickcn are deletions; words underlined are additions. 1 2 3 fuel tax to be levied by a majority of the governing body of the county rather than by a super majority of the governing body; creating 4 5 6 7 8 9 10 11 12 13 14 15 16 17 s. 201.032, F.S.; authorizing county governing authorities, by ordinance, to levy a surtax on deeds and other documents taxed under s. 201.02, F.S.; establishing a maximum rate of the surtax; requiring the grantor to pay the surtax; exempting certain documents from the surtax; requiring that the surtax be approved by referendum or adopted by an extraordinary vote of the governing authority; requiring the governing authority to notify the Department of Revenue of the imposition, termination, or rate 18 change of the surtax; restricting the effective dates for imposing a surtax or changing the tax rate; requiring a ballot statement and providing a format; providing for the use of surtax proceeds; requiring the Department of Revenue to administer the surtax and providing for administrative costs of the department; exempting the surtax from s. 201.15, F.S., relating to distribution; restricting uses of the surtax proceeds; requiring a report to the Department of Financial Services; restricting the imposition or increase of other impact fees if the governing authority imposes the surtax; requiring the Department of Revenue to adopt 19 20 21 22 23 24 25 26 27 28 29 30 31 forms; requiring the use of such forms when the surtax is paid; authorizing the clerk of the court to collect a fee; authorizing the 2 Agenda Item No. 16A9 Apri/12,2005 Page 10 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 2 3 4 5 Department of Revenue to adopt emergency rules; providing an exception when there is a dissolution of marriage; providing an effective date. 6 Be It Enacted by the Legislature of the State of Florida: 7 8 Section 1. Section 163.3246, Florida Statutes, is 9 amended to read: 10 163.3246 Local government comprehensive planning 11 certification program.-- 12 (1 ) There is created the Local Government 13 Comprehensive Planning Certification Program to be 14 administered by the state land plannina aaencv Department of 15 COffiffiunit) ~ffair3. The purpose of the program is to create a 16 certification process for local governments who identifJ a 17 gcogra 5hic area for ce:.rtification "ithir. "r.ich the} c6!f1fflit to 18 directing gro"th a~d "ho, because of a demonstrated record of 19 effectively adopting, implementing, and enforcing its 20 comprehensive plan, the level of technical planning experience 21 exhibited by the local government, and a commitment to 22 implement exemplary planning practices, require less state and 23 regional oversight of the comprehensive plan amendment 24 process. The pur 503e of thc ccrtification ôrcô i3 to de3ignôtc 25 arcôo that ôre contiguôu3, oOffi 5act, and appropriate for urban 26 grO\.th ane! dc"clopmcnt .Jithin Q 10 )car planning timcframc. 27 P1unicipalitic3 and countie3 ôrc encourôged to jointl) 28 e3tôbli3h the certification areô, ônd 3uB3equentlJ enter into 29 joint certificôtion ôgreement "ith the e!cpôrtmcnt. 30 (2) In order to be eligible for certification under 31 the program, the local government must submit an application 3 CODING: Words 3trickcn are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 11 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 to the state land plannina aaency containina the followina 2 information: 3 (a) A map depictina the boundary of the proposed 4 certification area which desianates an area appropriate for 5 urban arowth within a 10-Year plannina timeframe. The 6 certification area must include sufficient land to accommodate 7 prolected population arowth, housina demand, includina choice 8 in housina types and affordability, lob arowth and employment. 9 appropriate densities and intensities of use to be achieved in 10 new development and redevelopment. and existina or planned 11 infrastructure. includina transportation and central water and 12 sewer facilities. In support of the map. the local aovernment 13 shall list any natural-resource or plannina interest, 14 identified by statute or aaency rule, which may affect the 15 certification area. Any development within the certification 16 area must be consistent with the local comprehensive plan 17 reauired under this part. 18 (b) A visionina plan that demonstrates enhanced public 19 participation in the development of the map reauired in 20 paraaraph (a). includina outreach to neiahborhood and civic 21 associations. Durina the visionina process. the local 22 aovernment shall address: 23 24 1. Infill development and redevelopment. 2. The development of housina for moderate-income. 25 low-income. or very-1Dw-income households and specialized 26 housina to assist elderly and disabled persons to remain at 27 home or in independent livina arranaements. 28 3. The promotion of economic diversity and arowth 29 while encouraaina the retention of rural character. where 30 rural areas exist, and the protection and restoration of the 31 environment. 4 CODING: Words ~trickcn are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 12 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 4. The provision and maintenance of public open space 2 and recreational opportunities. 3 5. The manaaement of transportation and land uses to 4 support public transit and promote pedestrian and nonmotorized 5 transportation. 6 6. Desian principles that foster individual communitv 7 identitv. create a sense of place, and promote 8 pedestrian-oriented safe neiahborhoods and town centers. 9 10 7. The redevelopment of bliahted areas. 8 . The encouraaement of clustered. mixed-use 11 development that incorporates open space or areen space and 12 residential development within walkina distance of commercial 13 development. 14 9. The encouraaement of urban infill at appropriate 15 densities and intensities and separate urban and rural uses 16 and the discouraaement of urban sprawl. while promotina and 17 preservina public open space and plannina for buffer or 18 transitiona1-tvpe land uses and rural development, which is 19 consistent with the respective character of the land alona and 20 outside the certification area. 21 10. The protection of key natural areas and 22 aaricultural lands that are identified usina state and local 23 inventories of natural areas. Kev natural areas include. but 24 are not limited to: 25 26 a. Wildlife corridors. b. Lands with hiah native bioloaical diversitv, 27 important areas for threatened and endanaered species and 28 species of special concern. miaratorv bird habitat, and intact 29 natural communities. 30 c. Sianificant surface waters and sprinas. aauatic 31 preserves, wetlands. and Outstandina Florida Waters. 5 CODING: Words ~tric]{cfi are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 13 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 d. Water resources suitable for the preservation of 2 natural systems and for water-resource development. 3 11. The cost-efficient provision of public 4 infrastructure and services. 5 i£L~ DCffiôn3tratc A record of effectively adopting, 6 implementing, and enforcing its comprehensive plan~7 7 1Ql+b+ Demonstration of DCIDôD3trate technical, 8 financial, and administrative expertise to implement the 9 provisions of this part without state oversight~7 10 ~+e+ Obtain Comments from the state and regional 11 review agencies regarding the appropriateness of the proposed 12 certification~7 13 ( f) Demonstration of a commitment to chanae any land 14 development reaulations that restrict compact development and 15 adopt alternative desian codes that encouraae desirable 16 densities and intensities of use and patterns of compact 17 development for areas identified for hiah-densitv development. 18 (a) Demonstration of effective interaovernmental 19 coordination in order to address the extraiurisdictional 20 effect of development within the certified area. 21 (h) A local mitiaation strateay and proarams to 22 improve disaster preparedness and demonstration of the ability 23 to protect lives and property, especially in coastal 24 hiah-hazard areas if the local aovernment seekina 25 certification is a county. Municipalities seekina 26 certification shall provide evidence of active participation 27 in the workina aroup developina the local mitiaation 28 strateaies plan of the host county and any updates to the 2 9 12.l.ª-1::L.. 30 (i) Copies of the applicable local aovernment 31 comprehensive plan, land development reaulations, interlocal 6 CODING: Words 3trickCfi are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 14 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 aareements. and other relevant information supportina the 2 eliaibilitv criteria for desianation. 3 (d) Hold at lea3t onc public hcarine¡ 30lici ting public 4 input concerning the local go~ernffient'o propooal for 5 certification, and 6 (e) Demon3trate that it hao adopted program3 in ita 7 local comprehen3i~e plan and la~d dc~elopment regulatioflo 8 "hich: 9 1. rromote infill dc,elopffient and redc~elopffient, 10 including prioritized and timely permittin; proee33eo in "hieh 11 applicationo for local dc~elõpffient pcrmit3 "ithin the 12 ccrtificatiõfl area arc acted upon expcditiou31) for prcpo3ed 13 dc,clopmcnt that io conoiotcnt "ith the local cOffiprehcnoi7c 14 ~ 15 2. rromote the dc~elopfficnt of hou3ing for 10.. income 16 and ~cry 10" incomc hou3eheld3 or 3pecialized hou3ing to 17 aooiot clderl} and dioablcd peroon3 to remain at hôme or in 18 indepcnde~t li~ing arrangcmcnt3. 19 3. ~chic7e cffccti~e intcrgo~ernffiental coordination 20 and addrco3 thc cntrajuriodictional cffccto of dc~elopmcnt 21 "ithin the certified area. 22 4. rrcmote eeenomic di~eroit} and gro"th ~hile 23 encoura;ing the retention of rural character, ~here rural 24 area3 eJ{i3t, and the protection and rC3toration of the 25 cn,irenmcnt. 26 5. rro:idc and maintain public urban and rural opcn 27 opace and recreational cppertunitie3. 28 C. t1anage tranoportation and land uoeo to ::Jtlpport 29 public tranoit and promote opportunitico for pede3trian and 3D nonmotorized tran3portation. 31 7 CODING: Words otricken are deletions; words underlined are additions. --1'- Agenda Item No. 16A9 April 12, 2005 Page 15 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 7. U3C ctc3iqn princip1e3 to f63ter indi,idual 2 community identit), crcate a 3cn3e of placc, and promote 3 pcdeGtrian or~cnted Gafe nciqhborhoodG and to..n centcr3. 4 o. nede,elop bliªhtcd area3. 9. ~dôpt a local mitigati6~ 3trateg} and have prôgram3 5 6 to improve di3a3tcr prepared~e33 a~d the abilit} tô prôtect 7 li,c3 and prÔpcyt), e3peciall) in cOà3tal high hazard area3, 8 10, Encouragc _lu3tcred, mincd U3e dCJelopment that 9 incorporatcG grccnGpace and rC3idcntial developmcnt ..ithin 10 I.alking diGtanec of c6]'[tll,crcial dc, elopment , 11 11. Cncouragc urban infill at appropriatc den3itic3 12 and intcn3itiC3 and 3cparate urban and ~ural U3C3 and 13 di3ccuragc urban Gpra..l ',:tile preCJcr. inE)" public opcn Gpacc and 14 planning for buffcr t1pe land U3C3 and rural devclopmcnt 15 eon3iGtent ..ith t~cir rC3pccti,c charactcr alonq and out3idc 16 the certification arca, 17 12. ~33ure protection of ke) natural arcaCJ and 18 aqricultural land3 that arc identified u3ing 3tate and local 19 in,entorieG of natural a~ca3. Kc) natural arcaCJ include, but 20 arc not limited to: 21 22 a. Ilildlife corridôr3. b. Land3 ..ith hig~ native biological divcY3it}, 23 important area3 fer threatcned and cndangcred 3pccie3, 3pccie3 24 of 3pecial conccrn, migrator} b~rd habitat, and intact natural 25 communitic3. 26 c. CiE)"nifieant 3urfacc "atcrG and CJpringCJ, a~uatie 27 pre3erve3, "etland3, and out3tandinª Flôrida ..atcr3. 28 d. ¡later rC3ôurce3 3uita15le fôr prcGcr,ation 6f 29 natural 3}3tem3 and fôr ..atcr rC30urcc dCvelopment. 30 c. ncprcoentati.c and rare nati,e Florida natural 31 :JJ3tCHl:J. 8 CODING: Words :Jtricken are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 16 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 13. En~ure the Cô3t efficient pro"i3ien 6f public 2 infraotructure and ocr;iceo. 3 ( 3) Before submittina an application to the state land 4 plannina aaency, the local aovernment must hold at least one 5 public hearina with the local plannina aaency and one public 6 hearina with the aovernina body to solicit input concernina 7 the local aovernment's proposal for certification. 8 ~+3+ Portions of local governments located within 9 areas of critical state concern cannot be included in a 10 certification area. 11 l2l~ ~ lôcal ~e"erflmcnt or group of local 12 gô _ eyr.H\ent3 3eekinq certificatiBn of all Br part of a 13 juriodiction Br juri3àictiono mU3t oUBmit an application to 14 the department "hich deH\onotratco that the area oôught to be 15 certified meet.] the criteria of ::mbocotiôn3 (2) and (5). The 16 application 3hall include copie3 6f the applicable local 17 go_ernment cômprehen3i"e plan, land de"clôpmcnt regulation3, 18 interlocal a~reemento, and ether rcle_ant information 19 Juppôrting the eligibility criteria fer deoignation. Upon 20 receipt of a complete application, the state land plannina 21 agency department must provide the local government with an 22 initial response to the application within 90 days after 23 receipt of the application. 24 l2l~ If the local government meets the eligibility 25 criteria of subsection (2), the state land plannina aaencv· 26 departmcnt shall certify all or part of a local government by 27 written agreement, which shall be considered final agency 28 action subject to challenge under s. 120.569. The a~reefficnt 29 mU3t include the fôllo"ing componentJ. 30 31 (a) The baoiJ fer certificatiôn. 9 CODING: Words 3tricken are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 17 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 (b) fhe beundary of the certifieatiôß area, ~hich 2 cneempa~3e3 area3 that arc eontiguôuo, compact, apprôpriatc 3 for urban ;ronth and devclepmc~t, and in _hich public 4 infra3tructure i3 c)[ioting or planficd _ithifi a 10 )car 5 planning timeframc. Thc ccrtificatiofi arc a io rcquircd to 6 include 3ufficicnt land to aceômmodatc prejcctcd population 7 gronth, hôu3ing demand, i~eluding ehaicc in hôuoing t)pe3 and 8 .:lffordabilit), job gronth and cmployment, appropriatc 9 denoitico and intcnoitico of U3C to bc achicvcd in nCn 10 dc~clopffient and rcdevelopme~t, e)[i3ting or planned 11 infraotructurc, including tran3portatiôn and ecntral natcr and 12 oCner facilitic3. The eeltifieatio~ area muot bc adopt cd a3 13 part of thc local sÔvernmcnt'o comprehen3i.c plan. 14 (c) ~ demon3tration that the capital imprôvcmcnte plan 15 go~erning th~ ccrtificd .:lrea i3 updated annually. 16 (d) ~ .i3ioning plan ôr a oehedule for the dcvclepment 17 of a vioionin; plan. 18 (e) ~ dc~cription of baocline conditione related to 19 thc cvaluation criteria in paragraph (g) in the certified 2 0 ttf€-a-;- 21 (f) ~ nork program oetting forth 3pecifie planning 22 otrategieo and projccto that nill bc undertaken to aehieve 23 improvcment in thc baoclinc condition3 ao mcaourcd bi the 24 critcria identificd in paragraph (s). 25 (g: Criteria to c~aluatc thc effcctivcncoo of thc 26 ccrtification preeC03 in aehicving thc community dc:clopmcnt 27 gaalo for thc certification arca including. 28 1. t1caouring the compactneJ3 of gronth, CJ¡pre3Jee! a3 29 the ratio bctneen population ;ronth and land cen3ufficd, 30 2. Incrc.:lGing rC3idcntial dcnoit) ane! intcnoitic3 of 3 1 '\ffl-e-t- 10 CODING: Words 3tric]~ên are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 18 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 3. tlea:>uLinª and reducin~ vehicle mile:> tra veled and 2 increa3ing the intereonnectedneG3 of the Gtreet 3yatem, 3 pede3trian aCCeG3, and m5GO traLoit, 4 -4. t1ea:>uring the balance beLJeen the lõcation of j õb3 5 Mid hou:3ing, 6 s. Improving the ~eu3ing mix Rithin t~e certification 7 area, including t~e previaiôn of mixed U3e neighborhood3, 8 affordable houoing, and the creation of an affordable hOUGing 9 progLam if 3uch a program i3 not already in place, 10 c. rromôting mixed uoe develepmento a3 an alternative 11 to 3ingle þurpo3e center3, 12 7. rromõting clu3tered development havin~ dedicated 13 open opacel 14 (J. Lir.king coft1l'!le..:-cial, eàl:.u::atienal, and recreatienal 15 U3e3 directl) to reoidential ~ronth; 16 17 9. [(educin~ peL capita ,,5 ter and cr.er<j'l côn3tJ:ft\.ption, 10. rrioritizin~ enviyônmental featureG to be 18 prôtecteà and adoptin~ mea3ureo or prôgram3 to protect 19 identified feature3, 20 11. [(educing hurricane 3helter deficita and evacuation 21 time3 and implementing the adopted mitigation 3trateªie3, and 22 12. Impro v ir.g coôrdinatior. betneen the local 23 gOvernment and 3ehool bôard. 24 (h) ~ commitment tõ change any land develôpment 25 regulatioRo that reotrict compact de;elôpment and adept 26 alternati¡e deoign code3 that encouLage cie3irable den3itie3 27 and intcn3itie3 ôf uoc and pattern3 ef compact dCve16p~cnt 28 identified in thc agyeement. 29 (i) ~ plan for increa3ing public paLticipatien in 30 cORlf:)Lehenoi ve planning and land uoe e!eci:3iô"f!J'nating nhich 31 11 CODING: Words 3trickcfi are deletions; words underlined are additions. --- I Agenda Item No. 16A9 April 12, 2005 Page 19 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 includc3 outreach to neighborhoõd and ci,ic a33ðciatien3 2 through community planning initiati~eG. 3 (j) A demofi3tration that the intcrgo,errumcntal 4 coordinatiôn eleme~t ôf the lõcal go,errument'3 compreflen3ivc 5 plan include3 joint prõcc33e3 for cõcrdinatiôn bct"een thc 6 3cflool bôard and local gOvernment pur3uant tô 3. 7 lC3.2177(C) (h)2. and other requirement3 of la... 8 (]c) ,,\ method of addre3Ging the eJltraj uri3dictional 9 effect3 of de,elopment "ithin the certified area "hich i3 10 integrated B) amendment intõ the intergovernmental 11 coordinatiôn clement of the local go,ernmcnt comprehe~3i,e 12 ~ 13 (1) ~ require~ent for the annual reporting to the 14 department of plan amcndment3 adopted during the }ear, and the 15 progreoo of the local go,ernment in meeting the term3 and 16 condition3 õf the certification agreemcnt. rrior to the 17 deadline fõr thc annual report, thc local go,ernment mUGt hold 18 a public hcaring 301iciting public input on the prôgre33 of 19 the local go,ernment in 3ùti3f}ing thc term3 of the 20 certification agreement. 21 (m) An expiration date that i3 no later than 10 ~ear3 22 after execution of the agreement. 23 J1J..+6+ The department ma} enter up tô eight ne.. 24 certification agreement3 each fi3cal )ear. The state land 25 p1annina aaency department shall adopt procedural rules 26 governing the application and review of local government 27 requests for certification. Such procedural rules may 28 establish a phased schedule for review of local government 29 requests for certification. 30 ~++T The state land plannine aeeney dcpartment shall 31 revoke the local government's certification if it determines 12 CODING: Words 3tricken are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 20 of 30 ,,~ Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 that the local government is not substantially complying with 2 the terms of the agreement. 3 J2l~ An affected person, as defined by s. 4 163.3184(1) (a), may petition for administrative hearing 5 alleging that a local government is not substantially 6 complying with the terms of the agreement, using the 7 procedures and timeframes for notice and conditions precedent 8 described in s. 163.3213. Cueh a pctition ffiU3t bc filed ~ithin 9 30 da)3 aftcr the annual public hearing re~uircd b) para~raph 10 (5) (I) 11 JJJU. +9+ ( a ) Upon certification all comprehensive plan 12 amendments associated with the area certified must be adopted 13 and reviewed in the manner described in ss. 163.3184 (1), (2), 14 (7), (14), (15), and (16) and 163.3187, such that state and 15 regional agency review is eliminated. The state land planninq 16 aqencv department may not issue any objections, 17 recommendations, and comments report on proposed plan 18 amendments or a notice of intent on adopted plan amendments; 19 however, affected persons, as defined by s. 163.3184 (1) (a), 20 may file a petition for administrative review pursuant to the 21 requirements of s. 163.3187(3) (a) to challenge the compliance 22 of an adopted plan amendment. An application for development 23 approval within a certified area is exempt from 24 development-of-reqional-impact review under s. 380.06. 25 (b) Plan amendments that change the boundaries of the 26 certification area; propose a rural land stewardship area 27 pursuant to s. 163.3177(11) (d); propose an optional sector 28 plan pursuant to s. 163.3245; propose a school facilities 29 element; update a comprehensive plan based on an evaluation 30 and appraisal report; impact lands outside the certification 31 boundary; implement new statutory requirements that require 13 CODING: Words 3triekch are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 21 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 specific comprehensive plan amendments; or increase hurricane 2 evacuation times or the need for shelter capacity on lands 3 within the coastal high hazard area shall be reviewed pursuant 4 to ss. 163.3184 and 163.3187. 5 llll+±B+ A local government's certification shall be 6 reviewed by the local government and the state land plannina 7 aaency department as part of the evaluation and appraisal 8 process pursuant to s. 163.3191. Within 1 year after the 9 deadline for the local government to update its comprehensive 10 plan based on the evaluation and appraisal report, the state 11 land plannina aaency department shall renew or revoke the 12 certification. The local government's failure to adopt a 13 timely evaluation and appraisal report, failure to adopt an 14 evaluation and appraisal report found to be sufficient, or 15 failure to timely adopt amendments based on an evaluation and 16 appraisal report found to be in compliance by the state land 17 plannina aaency department shall be cause for revoking the 18 certification agreement. The state land plannina aaency's 19 dcpartmcnt'3 decision to renew or revoke shall be considered 20 agency action subject to challenge under s. 120.569. 21 ( 11) ~he ciepartm~nt 3hall, b) Jul} 1 of cach 22 odd numbered lear, 3ubmit to the Co~ernðr, the rre3iclent of 23 the Senate, and the Opeakcr of the ]]OU3C of Rq3re3entati ~ e3 a 24 report li3ting certified local go~ernmcnt3, e~aluating the 25 cffc~ti~cne33 of the certification, and including úD] 26 recoffiffiendatiofi3 for lcgi3lati~c a~tion3. 27 (12 ) The Office of Program Policy Analysis and 28 Government Accountability shall prepare a report evaluating 29 the certification program, which shall be submitted to the 30 Governor, the President of the Senate, and the Speaker of the 31 House of Representatives by December 1, 2007. 14 CODING: Words 3tricken are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 22 of 30 ,.- Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 Section 2. Paragraph (a) of subsection (2) and 2 subsection (6) of section 212.055, Florida Statutes, are 3 amended to read: 4 212.055 Discretionary sales surtaxes; legislative 5 intent; authorization and use of proceeds.--It is the 6 legislative intent that any authorization for imposition of a 7 discretionary sales surtax shall be published in the Florida 8 Statutes as a subsection of this section, irrespective of the 9 duration of the levy. Each enactment shall specify the types 10 of counties authorized to levy; the rate or rates which may be 11 imposed; the maximum length of time the surtax may be imposed, 12 if any; the procedure which must be followed to secure voter 13 approval, if required; the purpose for which the proceeds may 14 be expended; and such other requirements as the Legislature 15 may provide. Taxable transactions and administrative 16 procedures shall be as provided in s. 212.054. 17 18 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- (a)l. The governing authority in each county may levy 19 a discretionary sales surtax of 0.5 percent or 1 percent. The 20 levy of the surtax shall be pursuant to ordinance enacted by a 21 majority of the members of the county governing authority ftftß 22 appro,ed by a majôrity af the elector3 af the county ,ôting in 23 a referendum ôn the 3tlrtax. If the governing bodies of the 24 municipalities representing a majority of the county's 25 population adopt uniform resolutions establishing the rate of 26 the surtax and calling for a referendum on the surtax, the 27 levy of the surtax shall be placed on the ballot and shall 28 take effect if approved by a majority of the electors of the 29 county voting in the referendum on the surtax. 30 2. If the surtax was levied pursuant to a referendum 31 held before July 1, 1993, the surtax may not be levied beyond 15 CODING: Words 3tricken are deletions; words underlined are additions. ---r- Agenda Item No. 16A9 April 12, 2005 Page 23 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 the time established in the ordinance, or, if the ordinance 2 did not limit the period of the levy, the surtax may not be 3 levied for more than 15 years. The levy of such surtax may be 4 extended only by approval of a majority of the electors of the 5 county voting in a referendum on the surtax. 6 ( 6) (a) SCHOOL CAPITAL OUTLAY SURTAX.-- 7 The school board in each county may levy, pursuant 8 to resolution conditioned to take effect only upon approval by 9 a majority vote of the electors of the county voting in a 10 referendum or bv maloritv vote of the count v aovernina bodv, a 11 discretionary sales surtax at a rate that may not exceed 0.5 12 percent. 13 (b) The resolution shall include a statement that 14 provides a brief and general description of the school capital 15 outlay projects to be funded by the surtax. The statement 16 shall conform to the requirements of s. 101.161 and shall be 17 placed on the ballot by the governing body of the county. The 18 following question shall be placed on the ballot: 19 20 21 22 23 . . . . FOR THE . . . . CENT S TAX . . . . AGAINST THE ... .CENTS TAX (c) The resolution providing for the imposition of the 24 surtax shall set forth a plan for use of the surtax proceeds 25 for fixed capital expenditures or fixed capital costs 26 associated with the construction, reconstruction, or 27 improvement of school facilities and campuses which have a 28 useful life expectancy of 5 or more years, and any land 29 acquisition, land improvement, design, and engineering costs 30 related thereto. Additionally, the plan shall include the 31 costs of retrofitting and providing for technology 16 CODING: Words Gtrickcn are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 24 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 implementation, including hardware and software, for the 2 various sites within the school district. Surtax revenues may 3 be used for the purpose of servicing bond indebtedness to 4 finance projects authorized by this subsection, and any 5 interest accrued thereto may be held in trust to finance such 6 projects. Neither the proceeds of the surtax nor any interest 7 accrued thereto shall be used for operational expenses. 8 (d) Any school board receivina proceeds from i~e3ifig 9 the surtax shall implement a freeze on noncapital local school 10 property taxes, at the millage rate imposed in the year prior 11 to the implementation of the surtax, for a period of at least 12 3 years from the date of imposition of the surtax. This 13 provision shall not apply to existing debt service or required 14 state taxes. 15 (e) Surtax revenues collected by the Department of 16 Revenue pursuant to this subsection shall be distributed to 17 the school board imposing the surtax in accordance with law. 18 Section 3. Paragraph (b) of subsection (1) of section 19 336.025, Florida Statutes, is amended to read: 20 336.025 County transportation system; levy of local 21 option fuel tax on motor fuel and diesel fuel.-- 22 (1) 23 (b) In addition to other taxes allowed by law, there 24 may be levied as provided in s. 206.41 (1) (e) a 1-cent, 2-cent, 25 3-cent, 4-cent, or 5-cent local option fuel tax upon every 26 gallon of motor fuel sold in a county and taxed under the 27 provisions of part I of chapter 206. The tax shall be levied 28 by an ordinance adopted by a majority plu3 önc vote of the 29 membership of the governing body of the county or by 30 referendum. 31 17 CODING: Words 3trickcn are deletions; words underlined are additions. ...~ Agenda Item No. 16A9 April 12, 2005 Page 25 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 1. All impositions and rate changes of the tax shall 2 be levied before July 1, to be effective January 1 of the 3 following year. However, levies of the tax which were in 4 effect on July 1, 2002, and which expire on August 31 of any 5 year may be reimposed at the current authorized rate effective 6 September 1 of the year of expiration. 7 2. The county may, prior to levy of the tax, establish 8 by interlocal agreement with one or more municipalities 9 located therein, representing a majority of the population of 10 the incorporated area within the county, a distribution 11 formula for dividing the entire proceeds of the tax among 12 county government and all eligible municipalities within the 13 county. If no interlocal agreement is adopted before the 14 effective date of the tax, tax revenues shall be distributed 15 16 17 pursuant to the provisions of subsection (4) . If no interlocal agreement exists, a new interlocal agreement may be established prior to June 1 of any year pursuant to this 18 subparagraph. However, any interlocal agreement agreed to 19 under this subparagraph after the initial levy of the tax or 20 change in the tax rate authorized in this section shall under 21 no circQ~stances materially or adversely affect the rights of 22 holders of outstanding bonds which are backed by taxes 23 authorized by this paragraph, and the amounts distributed to 24 the county government and each municipality shall not be 25 reduced below the amount necessary for the payment of 26 principal and interest and reserves for principal and interest 27 as required under the covenants of any bond resolution 28 outstanding on the date of establishment of the new interlocal 29 agreement. 30 3. County and municipal governments shall use moneys 31 received pursuant to this paragraph for transportation 18 CODING: Words 3trickcn are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 26 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 expenditures needed to meet the requirements of the capital 2 improvements element of an adopted comprehensive plan or for 3 expenditures needed to meet immediate local transportation 4 problems and for other transportation-related expenditures 5 that are critical for building comprehensive roadway networks 6 by local governments. For purposes of this paragraph, 7 expenditures for the construction of new roads, the 8 reconstruction or resurfacing of existing paved roads, or the 9 paving of existing graded roads shall be deemed to increase 10 capacity and such projects shall be included in the capital 11 improvements element of an adopted comprehensive plan. 12 Expenditures for purposes of this paragraph shall not include 13 routine maintenance of roads. 14 Section 4. Section 201.032, Florida Statutes, is 15 created to read: 16 201.032 Local option real estate transfer surtax on 17 deeds; conditions of levy; use of proceeds.-- 18 (1) Sublect to subsections (9) and (10), the aovernina 19 authority of a county may levy a surtax on documents that are 20 taxed under s. 201.02, at a rate not exceedina 5 cents on each 21 $100 or fractional part thereof of the consideration for the 22 real estate or interest therein. The arantor of the real 23 estate or interest therein shall pay the surtax. 24 (2 ) The levy of the surtax shall be pursuant to an 25 ordinance conditioned to take effect only upon approval by a 26 malority vote of the electors of the county votina in a 27 referendum or pursuant to an ordinance enacted by an 28 extraordinary vote of the aovernina authority of the county. 29 The aovernina authority of the county must hold a public 30 hearina at least 2 weeks before the formal adoption of the 31 ordinance. 19 CODING: Words ~trickcn are deletions; words underlined are additions. n I Agenda Item No. 16A9 April 12, 2005 Page 27 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 ( 3) The GoverninG authority of the county shall notify 2 the Department of Revenue within 10 days after final adoption 3 by ordinance or referendum of an imposition. termination. or 4 rate chanae of the surtax. The notice must specify the period 5 durina which the surtax will be in effect and the rate of the 6 surtax and must include a COpy of the ordinance and such other 7 information as the department reauires by rule. Failure to 8 timely provide such notification to the department shall 9 result in the delay of the effective date of the surtax for a 10 period of 1 Year. A surtax or an increase or decrease in the 11 rate of the surtax must take effect on January 1 and must 12 terminate on December 31. 13 ( 4 ) If the surtax is conditioned to take effect only 14 upon approval by a malority vote of the electors of the county 15 votina in a referendum. the county aovernina authority shall 16 place on the ballot a statement that includes a brief aeneral 17 description of the prolects to be funded by the surtax and 18 that conforms to the reauirements of s. 101.161 and reads as 19 follows: 20 FOR the surtax 21 AGAINST the surtax 22 ( 5) Proceeds of the surtax may be used only to provide 23 infrastructure necessary to implement adopted local aovernment 24 comprehensive plans. As used in this subsection. the term 25 "infrastructure" means any fixed capital expenditure or fixed 26 capital outlay associated with the construction. 27 reconstruction. or improvement of public facilities that have 28 a life expectancy of 5 or more years and any land acauisition 29 or land improvement. desian. or enGineerina costs related 30 thereto. 31 20 CODING: Words 3trickcn are deletions; words underlined are additions. Agenda Item No. 16A9 April 12, 2005 Page 28 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 (6) Proceeds of the surtax may be pledaed by the 2 aovernina authority of the county to pay principal and 3 interest on bonds issued for the provision of infrastructure 4 pursuant to subsection (5). If the proceeds are pledaed to 5 secure principal and interest due on such bonds. the pledae 6 constitutes a valid and leaally bindina contract between the 7 aovernina authority of the county and the bondholders. and the 8 aovernina authority of the county must continue to levy the 9 surtax as lona as any bonds are outstandina. 10 (7) The Department of Revenue shall administer the 11 surtax pursuant to s. 201.11. Section 201.15 does not apply to 12 this surtax. A portion of the tax proceeds. not to exceed 1 13 percent. may be used to pay the department's cost of 14 collection and enforcement of the surtax. 15 (8) The aovernina authority of a county that receives 16 the proceeds of the surtax authorized by this section may not 17 apply the proceeds of the surtax, or any other funds 18 desianated as capital outlay funds. to operatina costs. Each 19 aovernina authority of the county that levies a surtax shall. 20 within 90 days after the close of its fiscal Year. submit to 21 the Department of Financial Services a financial report that 22 contains information showina the use of the surtax proceeds. 23 (9) If the aovernina authority of a county does not 24 impose an impact fee and chooses to levy the surtax pursuant 25 to this section. the aovernina authority of the county may not 26 levy any impact fee until the ordinance imposina this surtax 27 has been rescinded and all obliaations aaainst which the 28 surtax revenues have been pledaed are satisfied. 29 (10) If the aovernina authority of a county imposes a 30 surtax pursuant to this section. the aovernina authority may 31 not increase the rate of any impact fee beyond the rate 21 CODING: Words 3trickcn are deletions; words underlined are additions. 1- Agenda Item No. 16A9 April 12, 2005 Page 29 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 imposed on January 1. 2003. and may not impose an additional 2 impact fee until the ordinance imposina this surtax has been 3 rescinded and all obliaations aaainst which the surtax 4 revenues have been pledaed are satisfied. 5 (11) The Department of Revenue shall adopt rules 6 pursuant to ss. 120.536(1) and 120.54 to desian. prepare. 7 print, and adopt forms to implement and enforce the provisions 8 of this section. Such forms must be used and recorded on any 9 document that conveys a specific interest in real property, 10 pursuant to the reauirements of this section, in the county 11 imposina the surtax. At the time of recordina. the surtax must 12 be paid to the clerk of the court. The clerk shall collect and 13 remit the surtax to the Department of Revenue for distribution 14 to the county levyina the surtax. The clerk may retain 1 15 percent of the surtax paid as a service charae of the clerk's 16 office. 17 (12 ) The Department of Revenue may adopt emeraency 18 rules under ss. 120.536(1) and 120.54(4) to implement and 19 enforce the provisions of s. 201.032. The emeraency rules 20 shall remain in effect until the adoption of permanent rules 21 as provided in s. 201.032. 22 (13 ) Taxes imposed by this section do not apply to a 23 deed. transfer, or conveyance between spouses or former 24 spouses pursuant to an action for dissolution of marriaae 25 wherein the real property is or was their marital home or an 26 interest therein. Taxes paid pursuant to this section shall be 27 refunded in those cases in which a deed. transfer. or 28 conveyance occurred 1 year before a dissolution of marriaae. 29 This subsection applies in spite of any consideration as 30 defined in subsection (1). 31 Section 5. This act shall take effect July 1, 2005. 22 CODING: Words 3tric](cn are deletions; words underlined are additions. ,._-, Agenda Item No. 16A9 April 12, 2005 Page 30 of 30 Florida Senate - 2005 578-1071-05 (PROPOSED COMMITTEE BILL) SPB 7048 1 ***************************************** 2 SENATE SUMMARY 3 Revises the Local Government Comprehensive Planning Certification Program. Requires that a local government 4 develop a map, certain plans, and disaster strategies in order to be certified under the program. Requires public 5 hearings. Revises the requirements for filing a petition for an administration hearing concerning an agreement. 6 Provides that an application for development approval within a certified area is exempt from review as a 7 development of regional impact. Deletes a requirement that the local government infrastructure surtax be 8 subject to voter approval. Provides for a majority of a county's governing body to levy a school capital outlay 9 surtax and a local option fuel tax. Authorizes a surtax on deeds and other documents that are subject to the 10 documentary stamp tax. Provides for voters or the local governing authority to approve the surtax. Provides 11 requirements for administering the surtax on deeds and other documents. (See bill for details.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 23 CODING: Words 3trickcn are deletions; words underlined are additions. ....,-- EXECUTIVE SUMMARY Agenda Item No. 16B 1 April 12, 2005 Page 1 of 65 - Recommendation to approve selection of qualified firm and award a contract under ITN 05-3583 "CEI Services for Collier County Road Projects" for Project No. 66042B "Immokalee Road Six-Laning Project from U.S. 41 to 1-75" in the amount of$2,550,968. OBJECTIVE: To engage professional Construction Engineering and Inspection (CEI) Services ftom highly qualified firms for upcoming Collier County Road Projects in a cost effective manner. CONSIDERATIONS: On October 29, 2003, the County published an Invitation to Qualify (ITQ 04-3583) to provide CEI services for upcoming County road projects in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qualify (ITQ) were sent out to 166 engineering firms, 25 vendors requested full proposal packages and 12 responded to the proposal. A selection committee reviewed the 12 proposals that were received by the due date of November 21, 2003 and by consensus short-listed 9 firms as qualified to receive subsequent ITN (Invitation to Negotiate). An ITN 05-3583 was issued on November 16, 2004 with a deadline for response of December 10, 2004 for Project 66042B Immokalee Road Project. A Selection Committee meeting was held on December 21, 2004, and by consensus, the firms who responded with proposals were ranked as follows: ~ Project 66042B 1. PBS & J, Inc. 2. Consul-Tech Construction Mgmt., Inc. Staff has successfully completed negotiations with PBS & J, Inc. in the amount of$2,550,968 for these services. FISCAL IMPACT: Funds in the amount of $2,550,968 are available in gas taxes and impact fees. Source of funds are impact fees and gas taxes. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of PBS & J, Inc. for award of this project contract and authorize the Chairman to sign the standard, County Attorney approved contract. Prepared by: Lynn R. Thorpe, P .E. Attachment: Scope of Services "-' Item Number Item Summary Meeting Date Agenda Item No. 1681 April 12. 2005 Page. 2 of 65 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1681 Recormnøndation 10 Approve $e ~ctìon of QU/J¡¡ned Firrn and AWBI1.1 <t Contract Under ITN 05-3583 'CEI Sarvices for Collier County R('JtHí Proje1.1S" 4/12/20059:00:00 AM Prepared By 3/11!2fJ05 8:55:21 AM Ly!"!" R_ Th.orpu, P.f... Tran!Jportiun Services Date Pnndpal Prol~r.t Mô1naner Transporta1Jon EngÌl,eenng and Construction Pr¡tll~ip¡)j Projl!ct Mallugr.r Dai(! Approved By Lynn R. Thor~Ie-, P.f. Tran.portion Services TransportatiQn EnginI!'Cril19 and Constru(.:Hon 3/17120055:55 AM Contract Specialltrt Date, Approved By Rhonda Relnbert Administrative Ser\lic( 1S. Purchuing 3/17/20051:41 PM Prinr:.ipal Projec1 Managl!r Date Approved By Eugene C.!I.lvert Tranllporta.liQII!I Servi(;~:J. Tnl!ls )or(;¡t a!1 Engincrerif19 alld Cnnstruc1ìnn M".f1aEl~lTten! 3116/2006 a;~11 AM Purch.JIs¡ngIG~f1cr.a! SVCG Dimclor Date Approved By St('lfr!CarMII Ad"'¡ntstrdtìve $eorvlCes Purcha,¡ng 3125/200510:-48 AM Accounting Supervitior Date: Approved By Sharon N~wlnan Tral'lsportion S~rvir..e:¡, Tr.a11s.portatiDI'I Admh,istro1tion 3125/20051:39 PM Managementfaudget Analyst DJte> Approved By Li$.a T.aV1or Transportion Sel'Vic~s. rr.ansµortahoo AdnlÌ111stf¡ tiøn 3!2512005 4:S0 PM Date Approved By NOnYt t:;. Feder, Alep Tmnsportion Services Transportation Division AdlninistT3tor Tr¡¡nsportatjon Services. Admin 3;28/2005 1Q:HI AM Ex.et.:utrve S<!ICJdary Dute Approved By Pat Lehnhõlrd Tran.¡;portatìon Scrvicp.$ô TrOlt1$pørjõ1tion Sr.tv!c('1> Admi" 3/30/2\10510:26 AM AdmJnì$ttatlvp. Aui$lant Oat" Approved By OMB COQrdinalor County MBnilger's Office Office of MaMgement 8. Budget 3/30/200512:39 r"M D,te Approved By Susan Usher County Mô.'tnager'. Of jc~ Senior Management/Budget Analy;.t Office of Mõ1n.agement &. Budget 411/2005 ì:OO PM MMage!'l'umt & Budget Director D... Approved By Michael Smy¡'¡owski COlll'1ty ..13n<lger's Offìce Office of M;an¡¡gel'fl~"'t & Budge:t 414/200510:56 AM County M,muger D... Approved By .lamos V. Mudd Board of County Commissioners County Manager's Office 414120057:11 PM Agenda Item No. 1681 April 12, 2005 Page 3 of 65 Contract 05-3583 CEI Services for Immokalee Road Six Laning - US 41 to 175 Project # 66042B PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 20o_, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the EaOUNTYCbr "OWNER") and PBS&J CORPORATION, authorized to do business in the State of Florida, whose business address is 10661 Airport-Pulling Road North, Suite 11, Naples, Florida 34109- 7310 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Consulting, Engineering and Inspection (CEI) services of the CONSULTANT concerning Immokalee Road Six-Laning - US41 to 175 (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: TPA#1953637.9 PSA 1 Agenda Item No. 16B 1 April 12, 2005 Page 4 of 65 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Consulting, Engineering and Inspection services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Dennis Dav, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to TPA#19S3637.9 PSA 2 Agenda Item No. 1681 satisfactorily manage the services to be provided and performed by the Co~ll"W hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNERIS prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNERIS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper TPA#1953637.9 PSA 3 Agenda Item No. 1681 performance of the CONSUL TANrS obligations hereunder, or in the course ot~~7~ legislative proceedings where such information has been properly subpoenaed, any non-public information conceming the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement- EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNERS Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such TPA#1953637.9 PSA 4 .~ I Agenda Item No. 1681 express prior written approval. Failure to obtain such prior written approval fo~W~i~ Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSUL TANTIS right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic TPA#1953637.9 PSA 5 Agenda Item No. 1681 evaluations, rate schedules and appraisals; and evaluating processes available for Iic~ï1?à ~~ assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals. except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: TPA#1953637.9 PSA 6 . - I Agenda Item No. 1681 (a) The scope of services to be provided and performed by the co~~ì~ hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TPA#1953637.9 PSA 7 TIME Agenda Item No. 1681 April 12, 2005 Page 10 of 65 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned [No Damage For DelayDprovision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULT ANTIS compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. TPA#1953637.9 PSA 8 ····1- Agenda Item No. 1681 April 12, 2005 Page 11 of 65 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSUL TANrS performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1 . Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations. reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. TPA#1953637.9 PSA 9 Agenda Item No. 1681 April 12, 2005 CONSULTANT, at its own expense, may retain copies of the Project Documents forlftsJftlèSqfÄ<J internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNERrs use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNERIS use of the Project Documents to complete the Project following CONSULTANTIS termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeysCfees and paralegalsCfees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This TPA#1953637.9 PSA 10 î- Agenda Item No. 1681 indemnification obligation shall not be construed to negate, abridge or reduce any ot~~~~ij?~ remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the [Other Insurance[þrovisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule D. must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue TPA#1953637.9 PSA 11 Agenda Item No. 1681 April 12.2005 for any action concerning any matter under those policies shãff:i!be1lhotlqij appropriate state court situated in Collier County, Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of Inlass VI[])r higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F . CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNERIS prior written consent. TPA#1953637.9 PSA 12 Agenda Item No. 1681 April 12, 2005 10.3 CONSUL TANT is liable for all the acts or omissions of its subcon!§(Jfi!atl1fs:Jf f# subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSUL T ANT by terms this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at OwnerlSldiscretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor TPA#1953637.9 PSA 13 Agenda Item No. 1681 ,_ßP.!:iI12 _2QQ~ payment by OWNER shall be deemed to be a waiver of any of OWNER'S n~e~S~ CONSULTANT. - ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSUL TANTIS failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANTS failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANTS principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinanœ&, regulation& or other code& of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANTs remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld TP A#1953637.9 PSA 14 ·1--'- Agenda Item No. 1681 and any costs reasonably incurred by CONSULTANT that are directly attribu~~ 1¡ø~t; termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSUL TANTIS possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by FloridalSJPrompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANTlSJintention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSUL TANTIS intent to TPA#1953637.9 PSA 15 Agenda Item No. 1681 terminate this Agreement. If OWNER does not cure its default within fourteen (14~~~~ receipt of CONSUL TANTIS written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSUL TANTIS services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. TPA#1953637.9 PSA 16 ARTICLE FOURTEEN CONFLICT OF INTEREST Agenda Item No. 1681 April 12, 2005 Page 19 of65 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Steve Carnell, Purchasing Director Fax: 239-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: TPA#1953637.9 PSA 17 Agenda Item No. 1681 April 12, 2005 Page 20 of 65 PBS&J CORPORATION 10661 Airport-Pulling Road North, Suite 11 Naples, FL 341 09-7310 Telephone: 239/594-7275 Fax: 239-594-3881 Attn: John Brandvik, Senior Vice President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. TPA#1953637.9 PSA 18 .-,- Agenda Item No. 1681 17.6. This Agreement, including the referenced Schedules and Attachments hereto.~~~t~~i the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. TPA#19S3637.9 PSA 19 - ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES Agenda Item No. 1681 April 12, 2005 Page 22 of 65 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT IS compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE lWENTY DISPUTE RESOLUTION TPA#1953637.9 PSA 20 Agenda Item No. 1681 April 12, 2005 20.1 Prior to the initiation of any action or proceeding permitted by this AgreemerffëtG9rèSo1fé disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNERIS staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNERIS staff person who would make the presentation of any settlement reached at mediation to OWNERIS board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. TPA#1953637.9 PSA 21 Agenda Item No. 1681 April 12, 2005 Page 24 of 65 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for CEI Services for Immokalee Road Six Laning - US 41 to 175 the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, Clerk By: Date: By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency: Assistant County Attorney PBS&J CORPORATION By: Witness Typed Name and Title Witness TPA#1953637.9 PSA 22 SCHEDULE A SCOPE OF SERVICES Agenda Item No. 1681 April 12, 2005 Page 25 of 65 Construction, Engineering and Inspection (CEI) Services for Immokalee Road Six Laning - US 41 to 175 Project # 66042B 1.0 PURPOSE..... ... . .. ... .. . .. . ...... ... . . .... ... ... ... .... .. ... .. .... . . .. .. . ..... ... ... . ...2 2.0 SCOPE ....................................................................................2 3.0 DEFINITIONS...... .. .. ... ... .. .. .. ... ... .. . .. . .... . . ....... '" . . .. .......... .... ...... .3 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT................. ...... ............ ......... ...... ...... .... ......... .....4 5.0 ITEMS FURNISHED BY THE CONSULTANT.. ................ ............. ....4 6.0 LIAISON.......... ................................. ...... ................... ......... ...6 7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT......................................... ......................... .......7 8.0 REQUIREMENTS ..... ............................................................. ...8 8.1 General.. .. ... .. . .. .. . .... ... . . . .. . . .. . .. ...... ... ... ... ... .. . ..... . ............8 8.2 Survey Control....... .......... .................................... ........ ...8 8.3 On-site Inspection.......... ............................................... ....9 8.4 Testing. ........................................................... ........... ...9 8.5 Management Engineering Services ...... ... ..... ..... ........... ..... ....10 8.6 Contractor's CPM Schedule ...............................................15 8.7 Constructability Review ................................................. ..16 9.0 PERSONNEL ......................................................................... 18 9.1 General Requirements ......................................................18 9.2 Personnel Qualifications ........ ........................................ ...18 9.3 Staffing ..................... ......... ...... ..... . .. .... ... ... ............. .. ..18 9.4 Licensing for Equipment Operation ...................................... 19 10.0 SUBCONSULTANT SERVICES...................................................... 19 11.0 OTH:ER. SERVICES ....................... .......................................... ..... 19 12.0 POST CONSTRUCTION CLAIMS REVIEW ....................................... .19 13.0 CONTRADIcrIONS ..... .......................... ........ ................. ... .......... ..19 14.0 LENG11I OF SERVICE.............................. ........................... ....... ...20 15.0 INVOICING INSTRUCTION ............... ......... ........... ..... ...... ... ........ .20 EXHIBIT "A-A" - MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL ................ .... ..............................21 TPA#1953637.9 PSA A-I Agenda Item No. 1681 April 12, 2005 Page 26 of 65 SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0 PURPOSE: This scope of work describes and defines the services, which are required for construction engineering, inspection, materials sampling and testing, and contract administration for the construction project listed below. 2.0 SCOPE: The CONSTUL T ANT shall be responsible for construction engineering and administrative functions as defined in this Scope of Services and referenced manuals and procedures, which are normally handled by a Florida Department of Transportation (FOOT) Project Engineer. The CONSULTANT shall utilize effective control procedures, which will assure that the construction of the project listed below is performed in reasonable conformity with the plans, specifications, and contract provisions for such projects. The project for which the services are required is: COUNTY Project No: 66042B Description: Immokalee Road, US 41 to 1-75 County: Collier The CONSUL T ANT shall provide technical and administrative personnel meeting the requirements set forth in Section 9.0 of this Scope of Services in appropriate numbers at the proper times to ensure that the responsibilities assigned under this Agreement are effectively carried out. All construction, engineering, inspection and administration activities shall be performed in accordance with the established standard procedures and practices of the Florida Department of Transportation. Prior to furnishing any services, the CONSULTANT shall be familiar with those FDOT standard procedures and practices and with the procedures and practices for construction, engineering, inspection and contract administration used by Collier County Transportation Engineering and Construction Management Department (T.E. & C.M.D.). The Construction Project Manager will track the execution of the construction contract in order to ensure that the CONSULTANT is given timely authorization to begin work. While no personnel shall be assigned until written notification by the Construction Project Manager has been issued, the CONSULTANT shall be ready to assign personnel within two weeks of notification. For the duration of the project, the CONSULTANT shall coordinate closely with the Construction Project Manager and Contractor to minimize rescheduling of CONSULTANT activities due to construction delays or changes in scheduling of Contractor activities. 3.0 DEFINITIONS: TP A#1953637.9 PSA B-1 1- Agenda Item No. 1681 April 12, 2005 Page 27 of 65 A. CONSULTANT Senior Project Engineer: The Engineer assigned by the CONSULTANT to manage one or more Construction Projects. This person may supervise other CONSULTANT employees and act as the lead Engineer for the CONSULTANT. B. CONSULTANT Project Engineer: The Engineer assigned by the CONSULTANT to manage this project. C. Construction Project Manager: The Collier County T.E. & C.M.D. employee assigned to manage the Construction Engineering and Inspection Contracts. The Construction Project Manager will be in responsible charge and cfuect control of the projects. D. CONSULTANT: The Consulting finn under contract to Collier County for administration of Construction Engineering and Inspection services. E. Contractor: The individual, finn, or company contracting with Collier County T.E. & C.M.D. for perfonnance of work or furnishing of materials. F. Contract: The written Agreement between Collier County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. G. CONSULTANT Contract: The written Agreement between Collier County and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. H. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. 1. Community Liaison: The Collier County employee assigned to manage Public Information for the Collier County T.E. & C.M.D. 1. OWNER: The Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida. K. COUNTY: Collier County, a political subdivision ofthe State of Florida. 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT: A. The following items will be furnished by Collier County T.E. & C.M.D. on an as needed basis. The CONSULTANT shall submit a request in writing for needed items to the Construction Project Manager. 1. Contract documents for each project as follows: TPA#1953637.9 5 sets Construction Plans - II" x 17" 5 sets Special Provisions PSA C-l Agenda Item No. 1681 April 12, 2005 Page 28 of 65 1 copy Contract Form 2. All standard fonns for use under the terms of this Agreement will be provided in hard copy at the Pre-Services meeting and via electronic mail. The CONSULTANT shall utilize only Collier County forms on the project. 5.0 ITEMS FURNISHED BY THE CONSULTANT: The COUNTY may require a satellite office for this project. The CONSULTANT shall be reimbursed up to 50% for expenses associated with this satellite office. The office must have at a minimum the following essential items to support the project: 1. Office space within a desired radius to the project for the duration of the project 2. Office telephone 3. Copier rentaJ/1ease Consultant shall list this fixed monthly cost as a line item of the cost proposal titled Field Office Expenses", and shall also be listed as such on invoices submitted to the COUNTY for payment. A. The CONSULTANT shall also furnish such other storage and parking space, as approved by the Construction Project Manager, to effectively carry out their responsibilities under this Agreement. The CONSULTANT shall provide the appropriate number of vehicles to accommodate their project personnel. Equipment supplied by the CONSULTANT shall consist of items determined by the Construction Project Manager to be essential in order to carry out the work under this Agreement. The CONSULTANT will provide all survey equipment, testing equipment, photographic equipment, tapes, rules, and any other items necessary. B. All applicable FOOT documents shall be a condition of this Agreement. The documents normally required by the CONSULTANT are listed below. The CONSULTANT shall review this list and obtain those documents that are not in his possession as well as any other applicable document that may be required that are not listed below. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at www.dot.state.fl.us. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, M.S. 12 Tallahassee, Florida 32399-0450 Telephone No. (904) 488-9220 Documents normally required by the CONSULTANT shall include, but are not limited to, the following list of documents. The version to be used shall be in compliance with the project plans and specifications. 1. Materials Directives: Directives convey certain FDOT practices and procedures relating to sampling and testing of materials entering into construction project. TPA#1953637.9 PSA D-l - I Agenda Item No. 16B1 April 12, 2005 Page 29 of 65 2. Materials Sampling, Testing, and Reporting Guide: This schedule sets out the method of acceptance for minimum sampling frequency, sample size, responsibility for sampling, responsibility for testing, test name, appropriate report fonn number, and sample identifications information for material to be incorporated into construction project. 3. Qualified Products List of Approved Material Sources and Subsequent Updates. 4. Each of the following estimate preparation aids provided by the FDOT: Field Standards for Final Estimates Manual Basis of Estimate Manual Sample Computations Manual Final Estimate Preparation Short Course 5. Field Sampling and Testing Manual (FDOT & ASTM) 6. FDOT Standard Specifications for Road and Bridge Construction and Supplements (for all field personnel). 7. FDOT Roadway and Traffic Design Standards (for all field personnel). 8. FDOT Structures Standards. 9. Manual on Uniform Traffic Control Devices (MUTCD). 10. Utility Accommodation Guide (FDOT) 11. A list of FDOT Training Courses relating to Construction Engineering and Inspection. C. Field Equipment 1. Includes those non-consumable, non-expendable items which are normally needed for a CEI project, including but not limited to the following: vehicles, facsimile machines, calculators, tape recorders! transcribers, typewriters, computers, word processors, printers, cameras, camcorders, communication equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety vests, life vests (if applicable), level/rod, tripod, roll-a-meters, rain gear, shovels wheelbarrows, hammers, portable water coolers, gauges, engineering scales, tape measures, drafting tools, slump cone, tamping rod, nuclear density machine, measuring wheel, thennometer, flashlights, speedy moisture kits, and turbidity meters. 2. Use-cost equipment described herein and expendable materials under this Agreement will remain the property of the CONSULTANT and shall be TPA#1953637.9 PSA B-1 Agenda Item No. 1681 April 12, 2005 Page 30 of 65 removed at completion of the work. Vehicles and hard hats shall have the name and phone number of the consulting firm visibly displayed. The CONSULT ANT shall retain responsibility for risk of loss or damage to said equipment during perfonnance of this Agreement. CONSULTANT personnel using equipment furnished by them shall input all computer coding. The CONSULTANT will also furnish computer services/software needed for project scheduling, documentation, and control (Primavera/Suretrak, Claim Digger, etc.). Ownership and possession of computer equipment and related software, which is provided by the CONSULTANT, shall remain at all times with the CONSULTANT. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. 6.0 LIAISON: The CONSULTANT shall be fully responsible for carrying out all functions assigned to it by this Agreement on the construction projects. All activities and decisions of the CONSULTANT relating to the projects shall be subject to review and approval by the Construction Project Manager. The CONSULTANT shall provide coordination of all activities, correspondence, reports and other communications related to its responsibilities under this Agreement necessary for the Construction Project Manager to carry out his responsibilities. In performing their duties, the CONSULTANT shall utilize the standard fonns provided at the Pre-Services meeting. The CONSULTANT shall utilize an Action Request fonn for all requests related to CONSULTANT Contract/administrative issues. The Action Request form shall be submitted under separate cover to Construction Project Manager with all accompanying required documentation (Resumes. Certifications. etc.) to each. The content and fonnat of the Action Request fonn shall be in accordance with the instructions provided by the Collier County T.E. & C.M. D. Construction engineering and inspection forces will be required of the CONSULTANT at all times while the Contractor is working under the construction contract. If Contractor operations are suspended, the CONSULTANT will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of CONSULTANT forces :ITom the project, the CONSULTANT will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. It shall be the CONSULTANT's responsibility to ensure that sufficient funds to complete services under this Agreement remain in the CONSULTANT Contract at all times. In the event of construction project delays or changes beyond the control of the CONSULTANT, which affect the terms of this Agreement, the CONSULTANT shall submit a Supplemental Amendment Request to Collier County. These requests will be submitted for County approval and execution prior to performing additional work and prior to funds expiration, consistent with and in accordance with the Contract Status Report, or other approved report TPA#1953637.9 PSA F-l Agenda Item No. 1681 April 12, 2005 Page 31 of65 for tracking CONSULTANT Contract funds. Supplemental Agreements preparation, submission, and subsequent follow-up activities are the responsibility of the CONSULTANT in accordance with Section 8.5 (29) and (30), Management Engineering Services. 7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT: During the tenn of this Agreement, the Construction Project Manager will review various phases of CONSULTANT operations, such as construction inspection, materials sampling and testing, and administrative activities, to detennine compliance with this Agreement and to confinn that construction work and administrative activities are perfonned in reasonable conformity with FDOT and Collier County T.E. & C.M. policies, plans, specifications, and Contract provisions. The CONSULT ANT shall cooperate and assist the Construction Project Manager in conducting the reviews. If deficiencies are indicated, the CONSULTANT shall implement remedial action immediately in confonnance with Collier County T.E. & C.M.D. recommendations. Collier County T.E. & C.M.D. recommendations and CONSULTANT responses/actions are to be properly documented by the Construction Project Manager. No additional compensation shall be allowed for remedial action taken by the CONSULTANT to correct deficiencies. Remedial actions and required response times may include, but are not necessarily limited to, the following: A. Further subdivided assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Replace personnel whose perfonnance has been determined by the Construction Project Manager to be inadequate. Personnel whose perfonnance bas been determined to be unsatisfactory shall be removed immediately. C. Immediately increase the frequency of job control testing in phases of work that are the CONSULTANT's responsibility. D. Increase the scope and frequency of all training conducted by the CONSULTANT. Additionally, FDOT personnel may make special reviews of any project. The CONSULTANT shall fully cooperate with and assist in making such reviews. 8.0 REOUlREMENTS: 8.1 General: It shall be the responsibility of the CONSULTANT to administer the Contract to assure that the project is constructed in reasonable conformity with the plans, specifications, and Contract provisions. The CONSULTANT shall observe the Contractor during various operations to ensure the materials and methods used by the Contractor confonn to the specifications of the Construction Contract, the FDOT Standard Specifications for Road and Bridge Construction, and designated Notes on the plans. TPA#1953637.9 PSA 0-1 Agenda Item No. 1681 April 12, 2005 Page 32 of 65 No CONSULTANT under contract with Collier County to perfonn construction engineering and inspection or material sampling and testing on a particular project shall subcontract with the Contractor to perfonn Quality Control activities on the same construction project. The CONSULTANT shall advise the Construction Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action taken. Work provided by the CONSULTANT shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 8.2 Survey Control: The CONSULTANT shall verifY the existence and accuracy of location for all reference points and baseline control points indicated on the plans. The CONSULTANT shall reestablish any missing or disturbed control points as required to maintain the accuracy for survey control. The CONSULTANT shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the CONSULTANT in performing verification surveys of construction layout. The CONSULTANT shall: 1. Make and record measurements necessary to calculate and document quantities for pay items; 2. Make and record preconstruction cross section surveys of the project site where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project. 3. Perfonn incidental engineering surveys necessary to carry out the services covered by this Agreement and to verifY and confinn the accuracy of the Contractor's survey layout work. 8.3 On-site Inspection: The CONSULTANT shall monitor the Contractor's on-site construction operations and inspect materials entering into the work as required to assure that the projects are completed in reasonable confonnity with the plans, specifications, and other Construction Contract provisions. The CONSULTANT will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The standard procedures and practices for inspection of construction projects are setuout in the FOOT Construction Manual. In general, the CONSULTANT shall perfonn in accordance with these standard procedures and practices and with other accepted practices as appropriate and authorized by the Construction Project Manager. TPA#1953637.9 PSA H-l Agenda Item No. 1681 April 12, 2005 Page 33 of 65 CONSULTANT employees responsible for Work Zone traffic control plan design, implementation, inspection, and/or for supervising the selection, placement, or maintenance of traffic schemes and devices in work zones shall be certified according to FOOT guidelines for Maintenance of Traffic Training (Topic No. 625- o lO-OlO-a). 8.4. Testine:: The CONSULTANT shall perfonn, in conjunction with an independent, licensed laboratory, whose selection has been approved in writing by the Construction Project Manager, hired by the CONSULTANT, sampling and testing of component materials and completed work items so that the materials and workmanship incorporated in the project are in reasonable confonnity with the plans specifications and contract provisions. The minimum sampling frequencies set out in the Florida Department of Transportation Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the CONSULTANT shall perfonn all on-site sampling of materials and such testing of materials and completed work items that are nonnally done in the vicinity of the project. Inspection and sampling of materials and components required at locations remote iÌ"om the vicinity of the project and testing of materials nonnally done in a laboratory remote iÌ"om the project site will also be included. The CONSULTANT shall be specifically responsible for detennining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, D.O.T. label, D.O.T. stamps, etc. The Construction Project Manager will monitor the effectiveness of the CONSULTANT'S testing procedures by obtaining and testing independent assurance samples. Independent assurance sampling is necessary to verify compliance with the specification requirements. The CONSULTANT shall notify the Construction Project Manager of schedules for sampling and testing as the work progresses on the construction contract so that Progress and Final Record sampling can be accomplished at the discretion of the County at the proper time. The CONSULTANT shall also be responsible for the progress record sampling of reinforcing steel. The CONSULTANT shall perfonn all necessary surveillance and inspection of the on-site hot-mix asphalt operations. The CONSULTANT shall provide surveillance and acceptance sampling and testing at any hot-mix asphalt plant providing mixes to a project under a Quality Assurance Specification. The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The CONSULTANT shall provide daily surveillance of the Contractor's Quality Control activities at the project site in regard to concrete and perform acceptance sampling at the specified frequency. Sampling, testing and laboratory methods shall be as required by the Florida Department of Transportation's Standard Specifications or as modified by the contract provisions. TPA#1953637.9 PSA I-I Agenda Item No. 1681 April 12. 2005 Page 34 of 65 Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done or as otherwise directed by the Construction Project Manager. The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection. 8.5 Manuement En2ineerine Services: The CONSULTANT shall perform all management-engineering services necessary to properly coordinate the activities of all parties involved in completing the project. These include maintaining complete, accurate records of all activities and events relating to the project; properly documenting all significant project changes; interpreting plans, specifications, and Construction Contract provisions in conjunction with the Engineer of Record; making recommendations to Construction Project Manager to resolve Construction Contract disputes; and maintaining an adequate level of surveillance of Contractor activities. The CONSULTANT shall also perform other management engineering services normally assigned to a Project Engineer that are required to fulfill its responsibilities under this Agreement. All recording and documentation will comply with standard FDOT and COLLIER COUNTY procedures, formats, and content. Services include, but are not limited to, the following: (1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre- service conference for the project in accordance with FOOT Procedure 700- ODD-ODD-a. At the pre-service meeting the CONSULT ANT shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated staffing. The CONSULTANT shall record a complete and concise record of the proceedings of the meeting and distribute copies ofthese minutes to the participants and other interested parties within seven (7) days of the meeting date. (2) Prepare and submit to the Construction Project Manager for county approval, within thirty (30) days after the pre-service meeting, a hard copy of the project specific CONSULTANT Contract administration documents listed below. The CONSULTANT Contract administration documents, which shall be routinely used by the CONSULTANT throughout the project, shall be in the format and content provided by Collier County T.E. & C. M. D. TPA#1953637.9 PSA J-t TPA#1953637.9 Agenda Item No. 1681 April 12, 2005 Page 35 of 65 The CONSULTANT Contract administration documents consist of but are not limited to the documents listed below: a. Action Request Form b. CONSULTANT Authorization to Execute Work Orders c. Letter of TransmittaI Form d. Request For Supplemental Services e. Scope of Services Supplement No. f Contract Status Report, or other approved fund tracking report g. CEl CONSULTANT Firm Estimated Staffing (completed in accordance with the original CONSULTANT Contract agreement) h. CEl CONSULTANT Fee Proposal 1. CEl CONSULTANT Data (3) Schedule and conduct a preconstruction conference for the project in accordance with Article 8-3.5 of the FOOT Standard Specifications for Road and Bridge Construction. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties. The meeting shall also be electronically recorded and the CONSULTANT shall maintain all tapes of the meeting for the duration ofthe Contract. (4) Maintain on a daily basis a complete and accurate record of all activities and events relating to the project and a record of all work completed by the Contractor, including quantities of pay items in conformity with Final Estimates preparation procedures and specifications. (5) Maintain a Project Diary in confonnity with FDOT format. (6) Maintain a log of all materials entering the work with proper indication of the basis of acceptance of each shipment of material. (7) Maintain records of all submittal dates and testing accomplished under Section 8.2 - 8.7 of this Exhibit "A" and analyze such records required to ascertain acceptability of materials and completed work items. (8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. Quantities shall be based on daily records or calculations. Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress Estimate. (9) For interpretations of the plans, specifications, and Contract provisions, the CONSULTANT shall consult with the Construction Project Manager when an interpretation involves complex issues or may have an impact on the cost of performing the work. When warranted, the Construction Project Manager may request an interpretation from the Engineer of Record. The Construction Project Manager shall coordinate all requests for involvement of the Engineer of Record. PSA K-l TPA#1953637.9 Agenda Item No. 1681 April 12, 2005 Page 36 of 65 (10) Analyze problems that arise on a project and proposals submitted by the Contractor and prepare and submit a recommendation to the Construction Project Manager. (11) Analyze changes to the plans, specifications, or Construction Contract provisions and extra work which appear to be necessary to carry out the intent of the Contract when it is detennined that a change or extra work is necessary and such work is within the scope and intent of the original Construction Contract. Recommend such changes to the Construction Project Manager for approval. (12) Manage the Contractor's CPM Schedule in accordance with the requirements outlined in Section 8.6, Contractor's CPM Schedule. (13) Analyze major problems that arise on the project and prepare a recommendation to the Construction Project Manager. (14) When it is determined that a modification to the original Contract for a project is required due to a necessary change in the character of the work, negotiate prices with the Contractor and prepare the required Work Order Directive and change order in accordance with applicable Collier County procedures. The CONSULT ANT shall provide an analysis of the cost and/or time adjustments associated with the Work Order Directive. (15) In the event that the Contractor gives either written or verbal notice that he deems certain work to be perfonned is beyond the scope of the Contract and that he intends to claim additional compensation, the CONSULT ANT shall maintain accurate cost account records of such work. These records shall include manpower and equipment times and materials installed (temporary or permanent) in the portion of the work in dispute. (16) In the event that the Contractor for a project submits a claim for additional compensation, the CONSULTANT shall analyze the submittal and prepare a recommendation to Collier County Project Manager covering validity and reasonableness of charges and conduct negotiations leading to recommendations for settlement of the claim. Maintain complete, accurate force account and other records of work involved in claims. (17) In the event that the Contractor for a project submits a request for extension of the allowable Contract time, analyze the request and prepare a recommendation to Construction Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items. (18) Prepare the Final Estimate and submit to the Construction Project Manage, with backup computations accompanying Computations Booklet in accordance with FDOT Field Standards for Final Estimates Manual. This task must be completed within Twenty (20) calendar days after conditional or final acceptance ofa project by Collier County T.E. & C.M.D. PSA lrl T-- TPA#19:53637.9 Agenda Item No. 1681 April 12, 2005 Page 37 of 65 (19) Monitor each construction project to the extent necessary to determine whether construction activities violate the requirements of any pennits. For each project that requires the use of the NPDES General Pennit, supply at least one inspector who has successfully completed the "Florida Stonnwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors." NotifY the Contractor of any violations or potential violations and require his immediate resolution of the problem. Violations must be reported to the construction Project Manager immediately. NPDES Erosion Control Inspection Requirements (if implemented by the Department of Environmental Protection): Those facilities that have an NPDES Permit and which discharge stonn water ITom construction activities directly to waters of the United States which are listed on the EP A approved 303(d) list for total suspended solids (TSS), or other indicators of solids transportation such as turbidity, siltation, or sedimentation shall comply with the following: a. The pennittee shall monitor by grab sample by a Certified NPDES Inspector, during regular working hours, once per month within the first 30 minutes of a qualifYing event or within the first 30 minutes of the beginning ofthe discharge of a previously collected qualifYing event for Settleable Solids (mil), Total Suspended Solids (mg/l), Turbidity (NTUs), and flow (MGD). b. Where the receiving water has flow upstream fonn the discharge, a background sample for Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid depth and immediately upstream fonn the influence of the discharge ofstonn water ITom the site. c. The soil type and average slope of the drainage area for each outfall shall be reported with the Discharge Monitoring Report submitted in accordance with section "e" (below). d. A qualifYing event for the purpose of this section is a rain event of 0.5 inches or greater in a 24-hour period as detennined by the project ram gauge. e. Data collected in accordance with the above items shall be submitted to Environmental Protection Agency, the Florida Department of Environmental Protection, Construction Project Manager and a copy retained for the project file. £ Collect, store, and transport the samples per NPDES Stonn Water Sampling Guidance Document (EPA 883-B-92-001). g. Flow at the outfiùl should be estimated by Section 3.2.2 of the NPDES Stonn Water Sampling Guidance Document. PSA M-l TPA#1953637.9 Agenda Item No. 1681 April 12,2005 Page 38 of 65 h. Within 48 hours of collection of samples, deliver the samples to a laboratory. i. Shop drawing/sample submittals shall be coordinated and the status tracked as each progress through review and approval. The CONSULTANT shall actively encourage all reviewers to accomplish reviews promptly. (20) Provide timely coordination between the Contractor and utility companies to assure that conflicting utilities are removed, adjusted, or protected in place to minimize delays to construction. Documentation will be maintained in accordance with FDOT procedures. (21) The CONSULTANT Project Engineer will conduct a weekly meeting as required with the respective Contractor, subcontractors, and/or utility companies to review plans, schedules, problems, and other concerns. The Community Liaison shall attend these meetings. The CONSULT ANT shall record the results of the meeting in written minutes. The CONSULTANT shall distribute the meeting minutes as directed by the Construction Project Manager. These meetings shall also be recorded electronically and the CONSULT ANT shall maintain the tapes for the duration of the Contract. (22) Conduct and document field reviews of the maintenance of traffic operation during and after normal working hours and on weekends, nights, and holidays. Special concern shall be given to pedestrian and bicycle access throughout the work. (23) Perform survey work when required or requested by the Construction Project Manager. (24) Produce reports; verify quantity calculations, and field measure for payment pwposes as needed to prevent delays in Contractor operations. (25) With each monthly invoice submittal, the CONSULTANT Project Engineer will provide a reviewed and approved Contract Status Report for the CONSULTANT Contract. This report will supply the CONSULTANT Project Engineer's accounting of the additional Contract calendar days allowed to date, an estimate of the additional Contract calendar days anticipated to be added to the original Contract schedule time, an estimate of the Contract completion date, and an estimate of the CONSULTANT funds expiration date per CONSULTANT Contract schedule for the prime CONSULT ANT and for each subconsultant. (26) When the CONSULTANT identifies a condition that will require an Amendment to the CONSULTANT Contract, the CONSULT ANT will communicate the need to the Construction Project Manager for an approval in concept. Once received, the CONSULTANT shall prepare and submit the request and all accompanying documentation to the Construction Project Manager and for approval and further processing. The CONSULTANT shall submit the amendment request prior to the depletion of the PSA N-l _._~ Agenda Item No. 1681 April 12, 2005 Page 39 of 65 CONSUL T ANT Contract funds (consistent with and in accordance with the Contract Status Report) and shall allow Collier County adequate time to process, approve, and execute the amendment. The content and fonnat of the amendment request and accompanying documentation shall be in accordance with the instructions and format for the Collier County T.E. & C.M.D. (27) The CONSULTANT for the project shall be responsible for performing follow-up activities to determine the status of each contract amendment submitted to the Construction Project Manager. (28) The Construction Project Manager will nonnally perfonn a CONSULTANT CEl PERFORMANCE EV ALVA TION at the completion of the project. The Construction Project Manager will meet with the CONSULTANT, at the CONSUL T ANT's request, to discuss the performance evaluation. (29) Provide general public infonnation services as required. Prepare "Road Alerts" for Community Liaison's release concerning lane closures, traffic switchovers, detours, etc. Inquiries from public officials and the news media shall be directed to the office of the Community Liaison for coordination. Prepare newsletters for distribution to adjacent property owners as may be required. The Construction Project Manager must approve, in conjunction with the Community Liaison, all brochures, responses to news media, etc., prior to release. (30) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report. (31) Video tapes the preconstruction conditions throughout the project limits. Provide a digital photo log of project activities, with heavy emphasis on potential claim items/issues and on areas of rea1/potential public controversy. The Consultant shall use a software system fully compatible with Collier County Software to manage the digital picture album system. 8.6 Contractor's CPM Schedule: TPA#19S3637.9 8.6.1 Initial CPM Review and Validation The CONSULTANT shall analyze the Contractor's CPM Schedules for completeness and flow of activities, assuring that this schedule meets the Contract documents. This overview will validate that the schedule is functional, the infonnation provided is reasonable, and the Contractor's plan for project completion within the Contract time is reasonable. The CONSULTANT shall provide the Contractor a written review that identifies any significant omissions, improbable durations, or errors in logic and provide the Construction Project Manager with recommendations pertinent to planning and scheduling the project work and completion of the project within the allowed Contract time. PSA 0-1 Agenda Item No. 1681 April 12, 2005 Page 40 of 65 ,..-. 8.6.2 Monthly Progress Review The CONSULTANT shall track Contractor actual progress against the baseline schedule and conduct a monthly schedule update meeting with the Contractor. The CONSULTANT shall assure the Contractor complies with all requirements for periodic schedule updates and review the updates within 15 days to detennine their accuracy. The CONSULTANT shall review all schedule changes. The CONSULTANT shall identify and document any future or existing problems and require the Contractor to disclose in writing his plans for preventing or resolving these problems. The CONSULTANT shall prepare and distribute minutes of the Monthly Progress Review meeting-to-meeting attendees and other interested parties. 8.6.3 Contract Modifications The CONSUL T ANT shall assure that Contract modifications are based in the latest approved schedule and reflected in the next version of the Contractor schedule. 8.6.4 Planning The CONSULTANT shall work with the Contractor to establish a two-week look ahead schedule indicating expected Contractor work for discussion at the regular progress meetings. The anticipated work activities will be reviewed with all affected utility companies. The CONSULTANT shall use this schedule to establish whether or not the Contractor's near tenn plan will resolve or mitigate any previously unanticipated conflict or issues. 8.6.5 As Built Plan The CONSULTANT shall check and verify the accuracy of the Contractor's as-built construction plans monthly by comparing it with the Contractor's daily logs. 8.7 Constructabilitv Review: The CONSULTANT may be requested to provide a Constructability Review for the 60% and 90% design plans. This review shall be conducted by the CONSULTANT utilizing his experience and knowledge to perform a complete review of the project including the following items: design, environmental issues, permitting, maintenance of traffic, right of way, utility coordination and construction methods and procedures. The review will include field visits, notation of special environmental or job site conditions and a thorough review of the plans, specifications, contract documents and bid items. The CONSULT ANT will notify the Engineer of Record and the Construction Project Manager of his findings and work with them to resolve the issues. The Constructability Review shall be the first task of work to be completed. The review and reports shall be completed and transmitted to the Construction Project TPA#1953637.9 PSA P-l ·î- Agenda Item No. 1681 April 12,2005 Page 41 of 65 Manager within fourteen (14) days of the date the County issues the appropriate plans for review. During the Constructability Review, the CONSULTANT shall be sure to address the following items: 1. Make sure the description of work is clear and concise. 2. Review the list of pay items to ensure that all items of work are appropriately covered. 3. Review the summary of quantities to be sure all given quantities is accurate. 4. Review and comment on whether or not the construction sequence phasing and maintenance of traffic have been correctly addressed and handled. 5. Be sure contract allows an adequate amount of time to reasonably construct the contract. 6. Review the contract documents to ensure that the actual field conditions have been investigated and clearly represented in the documents. 7. Review such items as Utilities Right of Way, Drainage, Maintenance of Traffic, Construction Sequences and Phasing, Pennit Conditions, Quantities and Equipment requirements, Note any items that may cause problems with the project. 8. Consider and comment on the field inspection standards, geotechnical investigation requirements, environmental compliance requirements and maintenance of traffic concepts. 9. Determine the feasibility of construction equipment ingress, egress and placement at the jobsite including right of way and/or construction easement requirements, soil conditions to support heavy equipment. The CONSULTANT used in the review shall be an individual who will be involved in the actual construction of the overall projects. They shall be thoroughly knowledgeable of current specifications, policies and procedures used by Collier County and FDOT for the design and construction of highway facilities. 9.0 PERSONNEL: 9.1 General Requirements: The CONSULTANT shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. TPA#1953637.9 PSA Q-l Agenda Item No. 1681 April 12, 2005 Page 42 of 65 Acceptable staffing of personnel to be assigned to this project is outlined in Exhibit "A-A." 9.2 Personnel Oualifications: The CONSULTANT shall utilize only competent personnel, qualified by experience and education. The CONSULTANT shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each with respect to salary, education, and experience. Minimum qualifications for the CONSULTANT personnel are set forth in Exhibit "A-A" to this Agreement. The CONSULTANT Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. 9.3 Staffin.z: Once authorized, the CONSULTANT shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Contract has been paid off. Proposed staff, including qualifications, must be submitted using Action Request fonns provided by Collier County. These will be previewed and preapproved by the Construction Project Manager. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the CONSULTANT within one week of Collier County notification. Personnel identified in the CONSULTANT technical proposal are expected to be assigned as proposed and are committed to performing services under this CONSULTANT Agreement. Personnel changes will require written approval from Collier County. As Contractor operations on a Contract diminish, the CONSULTANT shall appropriately reduce the personnel it has assigned to that project. Construction engineering and inspection forces are required of the CONSULTANT at all times while the Contractor is working on the Contract, but if Contractor operations stop, the CONSULTANT shall reduce its forces accordingly. CONSULTANT personnel adjustments recommended by the Construction Project Manager will be accomplished within one week of notification. The CONSULTANT will be allowed a maximum of ten (10) days to demobilize, relocated, or terminate its forces in the event conditions occur that require removing CONSULTANT forces from the project. 9.4 Licensin2: for EQuipment Operation: The CONSULTANT will be responsible for obtaining proper licenses for equipment and for personnel operating such equipment. CONSULTANTS operating nuclear surface moisture-density gauges on Collier County projects are required to comply with Section X of FDOT's revised "Manual for Safety and Control of Equipment Containing Radioactive Materials" (a.k.a. Nuclear Manual). TP A#1953637.9 PSA R-l 10.0 SUBCONSULTANT SERVICES: Agenda Item No. 1681 April 12, 2005 Page 43 of 65 The CONSULTANT may subcontract for engineering, inspection, materials testing, or specialized professional services with prior written approval of the County. Ifrequired, the CONSULTANT shall provide all geotechnical services for this project. 11.0 OTHER SERVICES: Upon written authorization by the Construction Project Manager, the CONSULTANT will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by Collier County T.E. & C.M.D. to supplement the CONSULTANT services under this Agreement. A. Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and all supporting documentation as needed or required by Collier County pursuant to the Collier County Alternative Dispute Resolution Procedures. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Contract. C. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre-Suit Mediation. D. Provide on- and off-site inspection services in addition to those provided for in this Agreement. 12.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor for the project submits a claim for additional compensation and/or time after the CONSULTANT has completed this Agreement, the CONSULTANT shall, at the written request ftom Collier County, analyze the claim, prepare a recommendation to the Construction Project Manager covering validity and reasonableness or charges, and/or assist in negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a Supplement to this Agreement. 13.0 CONTRADICTIONS: In the event of a contradiction between provisions of this Scope of Services and the CONSULTANT'S proposal, the provisions of the Scope of Services shall override other considerations. 14.0 LENGTH OF SERVICE: The CONSULTANT services for the Contract shall begin upon written notification to proceed by the Construction Project Manager. TPA#1953637.9 PSA 8-1 Agenda Item No. 1681 April 12, 2005 Page 44 of 65 This notice to proceed will be issued anytime subsequent the award of a Contract at Collier County's discretion. The length of services as herein established for Contract on the CONSULTANT beginning work when notified and continuing to work until acceptance. For estimating purposes the CONSULTANT will be allowed an accumulation of thirty- (30) working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed on the first project to begin and thirty- (30) calendar days subsequent final acceptance of the Contract to be completed. The anticipated letting schedules and construction times for the projects are tabulated below: County Project No. 66042B Construction Estimate . Letting Date Start Date (MolDay/Yr) (MolDay/Yr) 2/22/05 4/4/05 Consultant Estimate Duration Time Start Date Duration Time (Days) (Mo/Day/Yr) (Days) 930 3/7/05 990 15.0 INVOICING INSTRUCTIONS: Monthly invoices shall be submitted to Collier County in a format approved by Collier County, no later than the 20th day of the month following the month being invoiced. If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT shall notifY Collier County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the CONSULTANT shall notifY the Construction Project Manager via E-Mail of the total delay in calendar days and the reason(s) for the delay(s). All invoices shall be submitted to Collier County in hard copy format. TP A#19S3637.9 PSA T-l Agenda Item No. 1681 April 12, 2005 Page 45 of 65 EXHIBIT" A-A" MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL * Before the project begins, all project staff shall have posses all the knowledge, skills, and abilities required in obtaining the necessary certifications for performing the duties of the position they hold. The Senior Project Engineer and the Project Engineer shall ensure the FOOT's current practices, policies, and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at any additional cost to Collier County and should occur as work load permits. Current FOOT certifications may be used 1.IDtil specified time limits as posted in the Construction Training Qualifications Manual (CTQP) 1.IDless expiration occurs sooner. Visit the FDOT Web page 1.IDder training for current dates. SENIOR PROJECT ENGINEER - A Civil Engineering degree plus registration by the Florida State Board of Engineers Examiners as a Professional Engineer (or if registered in another state, the ability to obtain registration in Florida within six months) and six (6) years of engineering experience (two (2) years of which are in major road and bridge construction), or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction. Qualifications include the ability to communicate effectively in English (verbally and in writing). Direct a highly complex and specialized construction engineering administration and inspection program. Plan and organize the work of subordinate and staff members. TPA#1953637.9 PSA V-1 Agenda Item No. 1681 April 12, 2005 Page 46 of 65 Develop and/or review policies, methods, practices, and procedures; and review programs for confonnance with FDOT standards. Also must have the following: Qualifications: None Certifications: MOT Level II A TTSA or IMSA. A Master's Degree in Engineering may be substituted for two (2) years experience. PROJECT ENGINNER - A Civil Engineering degree plus two (2) years engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience (two (2) years of which involved construction of major road and bridge structures). Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be required to attend the Final Estimate Preparation Seminar. Should have knowledge of FDOT Field Standards. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Oualifications: Asphalt Roadway Level II (will require Roadway Level I written exam) Certifications: MOT Level II A TTSA or IMSA A Master's Degree in Engineering may be substituted for one (I) year of experience. OFFICE ENGINEER - High school diploma or equivalent and four (4) years of road and bridge construction engineering inspection (CEl) experience having perfonned/assisted in the following project related duties: CQR progress and final estimates, Supplemental Agreement/Amendment processing, etc; or a Civil Engineering degree and completion of the Final Estimates Preparation Seminar. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project and accept general supervision and verbal instructions from Project Resident Engineer. Should be familiar with the FOOT Procedures covering project-related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in Multi-Line, Engineering Menu, and complete the State's Final Estimate Self Study course and attend the Final Estimate Preparation Seminar for Constant CEls or the District-Specific Final Estimate Preparation Seminar. OFFICE MANAGER - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed the following office related duties: CQR, progress and final estimates, EEO compliance, Supplemental Agreement/Amendment processing, etc. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Engineer in office-related duties (i.e., CQR, progress and final estimates, EEO compliance, Supplemental Agreement/Amendment processing, etc.). Works under the general supervision of the Senior Project Engineer and staff. Note: This position will not be used if an Office Engineer is being utilized. TPA#1953637.9 PSA V-I ^,.-"",.,-.--" -,- Agenda Item No. 1681 April 12, 2005 Page 47 of 65 SENIOR INSPECTOR - High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection, plus the following: ~ualifications: Concrete Field Inspector Level I Concrete Transportation Construction Inspector (CTCI) Level II (major bridge only) Asphalt Roadway Level I (If applicable) Asphalt Roadway Level II (If applicable) Earthwork Construction Inspection Level I Earthwork Construction Inspection Level II FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: MOT Level II A TTSA or IMSA Nuclear Radiation Safety ACI Level I or a Civil Engineering degree and one (1) year of road and bridge CEI experience. Responsible for performing highly complex technical assignments in field surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting field tests, and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Engineers. INSPECTOR - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway inspection plus the following: Qualifications: Concrete Field Inspector Level I Asphalt Roadway Level I (If applicable) Earthwork Construction Inspection Level I FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: Nuclear Radiation Safety ACI Level I or a Civil Engineering graduate. Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first year of working as an inspector. TPA#1953637.9 PSA W-I Agenda Item No. 1681 April 12. 2005 Page 48 of 65 Exceptions will be pennitted on a case-by-case basis as long as certification is appropriate for specific inspection duties. ASPHALT PLANT INSPECTOR - High school graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and the following: Qualifications : Asphalt Plant Level I Asphalt Plant Level II SECRETARY/CLERK TYPIST - High school graduate or equivalent with two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard work processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Works under general supervision of the Project Engineer and their staff GEOTECHNICAL ENGINEER - A Professional Engineer (FE) duly registered under Florida State Rule and Statute, plus four (4) years experience as a Geotechnical Engineer in responsible charge of the geotechnical work on at least two (2) major bridges with drilled shaft or pile foundations (whichever is appropriate). Shall have experience using the drilled shaft inspection device and osterburg cells in conjunction with load tests on drilled shafts or experience using the Pile Driving Analyzer (FDA), CAPW AP & WEEP programs for pile analysis. GEOTECHNICAL TECHNICIAN - High School diploma plus three (3) years experience working under a Geotechnical Engineer setting up instrumentation and monitoring the geotechnical work. Able to perfonn detailed calculations and follow detailed technical instructions. * Exceptions to these minimum standards will be considered on an individual submittal basis. The Construction Project Manager will make recommendations on all personnel action requests. END OF SCHEDULE A TP A#1953637.9 PSA X-I .....-....- ----,-- Agenda Item No. 1681 April 12, 2005 Page 49 of 65 SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: John R. Conti, Engineering InspectorlProject Manager Transportation Engineering and Construction Management Department 2885 South Horseshoe Drive Naples, Florida 34104 (239) 774-8192, (239) 659-5771 fax johnconti@colliergov.net 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSUL TANTIS Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM TASK NOT TO EXCEED AMOUNT: 1. Management Enaineerina Services $ 925 668 2. Inspector Services $1 475323 3. Testing Services $ 35 000 4. Survey Services $ 50,000 5. Field Office Expenses $ 64 977 TOTAL FEE (Total Items 1-5) $ 2 550.968 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSUL T ANTIS personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSUL TANTIS Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. TPA#1953637.9 PSA Y-l ,,,,-, Agenda Item No. 1681 April 12, 2005 Page 50 of 65 8.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule 8 and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNERIS prior written approval. 8.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. 8.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: 8.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of 8asic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. 8.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSUL TANTIS letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. 8.3.3 Notwithstanding anything herein to the contrary, in no event may CONSUL TANTIS monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. TPA#1953637.9 PSA Z-l .. I Agenda Item No. 1681 April 12, 2005 Page 51 of 65 8.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule 8. CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 8.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 8.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. 8.3.5.1.3. Permit Fees required by the Project. 8.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 8.3.5.1.5 Expense of models for the CountylSJuse. 8.3.4.1.6 Other items on request and approved in writing by the OWNER. 8.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. END OF SCHEDULE 8. TPA#1953637.9 PSA AA-l Agenda Item No. 1681 April 12, 2005 Page 52 of 65 SCHEDULE B -ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Schedule of fees for Basic Services Task 1. Management Engineering Services: Not to exceed $925.668 · Construction coordination · Complete record keeping of all activities and events · Document all significant changes to the project · Contract, plan, and specification interpretation · Dispute resolution solutions (contractor and the public) · Maintain required level of surveillance of contractors activities · Prepare and document monthly pay requests · Overtime Allocation (Allowed only upon written notification and approval by the County) Task 2. InsDector Services: Not to exceed $1.475.323 · Maintenance of traffic inspection services · Erosion, sedimentation and pollution control inspection services · Drainage, Roadway and Bridge inspection services · Signalization and Lighting inspection services · Signing and pavement marking plan conformance inspection services · Utility inspection personnel provided per C.C.P.U.E requirements · Overtime Allocation (Allowed only upon written notification and approval by the County) Task 3. Testing Services: Not to exceed $35.000 · Field sampling and material testing · Maintain required level of density reports on all applicable materials · Provide Quality control services on all construction activities Task 4. Survey Services: Not to exceed $50.000 · Bench mark verification · Cross-section verification · Spot check contractor lay-out as needed · Reference and reset certified comer records Task 5. Field Office EXDenses: Not to exceed $64.977.00 · ~ Rent · ~ Electric TPA#1953637.9 PSA BB-l "_.__..~ · % Cleaning · % Phone . % Copier Agenda Item No. 16B1 April 12, 2005 Page 53 of 65 Total for Tasks 1 through 5 $2,550,968 0 o Due to the nature of a large construction project, while the total dollar amount might remain the same, there may be some fluctuation in the task categories calculations. TPA#1953637.9 PSA CC-l TPA#1953637.9 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE ConsultantlSlEmplovee Hourlv Rate Schedule Title Hourly Rate Senior Project Engineer $10B.OO/hr Project Engineer/Manager $ 92.00/hr Office Engineer $ 77.00/hr Senior Inspector $ 69.00/hr Senior Utility Inspector $ 69.00/hr Inspector $ 51.00/hr Secretary $ 46.00/hr PSA .."-, . _U'~ II Agenda Item No. 1681 April 12, 2005 Page 54 of 65 DD-l SCHEDULE C PROJECT SCHEDULE Task 1. Management Engineering Services: 990 Davs · Construction coordination · Complete record keeping of all activities and events · Document all significant changes to the project · Contract, plan, and specification interpretation · Dispute resolution solutions (contractor and the public) · Maintain required level of surveillance of contractors activities · Prepare and document monthly and final pay quantities Task 2. Inspector Services: 990 Days · Maintenance of traffic inspection services · Erosion, sedimentation and pollution control inspection services · Drainage, Roadway and Bridge inspection services · Signalization and Lighting inspection services · Signing and pavement marking plan conformance inspection services · Utility inspection personnel provided per C.C.P.U.E requirements Task 3. Testing Services: As Needed · Field sampling and material testing · Maintain required level of density reports on all applicable materials · Provide Quality control services on all construction activities Task 4. Survey Services: As Needed · Bench mark verification · Cross-section verification · Spot check contractor lay-out as needed · Reference and reset certified corner records TPM1953637.9 PSA Agenda Item No. 1681 April 12, 2005 Page 55 of 65 D-1 Agenda Item No. 1681 April 12, 2005 Page 56 of 65 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSUL TANTIS sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER and in the form set forth in Attachment I to this Schedule D shall be filed with the OWNER within ten (10) calendar . days after Notice of Award is received by CONSUL T ANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits TPA#1953637.9 PSA D-2 ~--- . 1 Agenda Item No. 1681 April 12, 2005 Page 57 of 65 received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultantlSJ services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. TPA#1953637.9 PSA D-3 Agenda Item No. 1681 April 12, 2005 . Page 58 of 65 (9) If the initial, or any subsequently issued Certificate of Insurance expires pnor to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. TPA#1953637.9 PSA D4 - I _ Applicable X Not Applicable Agenda Item No. 1681 April 12, 2005 Page 59 of 65 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable -L Not Applicable Required by this Agreement? _L Yes _ No COMMERCIAL GENERAL LIABILITY (1) Commercial General Liability Insurance, written on an raccurrenceCbasis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury TPA#1953637.9 PSA $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 D-5 Agenda Item No. 16B1 April 12, 2005 Page 60 of 65 Each Occurrence Fire Damage $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _L Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL T ANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable -L Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _L Yes No TPA#1953637.9 PSA D-6 .... I Agenda Item No. 1681 April 12, 2005 Page 61 of 65 (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: -L Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate -2L $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate TPA#1953637.9 PSA D-7 Agenda Item No. 1681 April 12, 2005 Page 62 of 65 _ $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first peñormed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) CONSULTANT shall purchase valuable papers and records coverage for plans, specifications. drawings. reports, maps. books. blueprints. and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. TPA#1953637.9 PSA D-8 ..-.--.. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be Agenda Item No. 1681 April 12, 2005 Page 63 of 65 purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNERS insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSUL TANTIS professional liability policy. If no credit is available from CONSULTANTS current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSUL TANTIS self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNERS Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. . Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D TPA#1953637.9 PSA D-9 Agenda Item No. 1681 April 12, 2005 Page 64 of 65 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, PBS&J CORPORATION hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Immokalee Road Six Laning - US 41 to 175 are accurate, complete and current as of the time of contracting. PBS&J CORPORATION BY: TITLE: DATE: TPA#1953637.9 PSA B-1 TPA#1953637.9 Agenda Item No. 1681 April 12, 2005 Page 65 of 65 SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS PSA F-l Agenda Item No. 1682 April 12, 2005 Page 1 of 12 -, EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase for 10.6 acres of land located at the intersection of Collier Boulevard and Golden Gate Boulevard (project No. 65061). Estimated Fiscal Impact: $1,050,210 OBJECTIVE: To acquire 10.6 acres of undeveloped land located on the west side of Collier Boulevard at its intersection with Golden Gate Boulevard. ,-. CONSIDERATIONS: The subject property's only access is on Collier Boulevard. Currently zoned "Estates," it could be developed with up to four single-family homes, each with a driveway onto Collier Boulevard Alternatively, the property's location would appear to make it a candidate for rezoning to commercial uses, a possibility that exists perhaps not in the near future, but which cannot be ruled out in its entirety (even though it is acknowledged that such a rezoning action would first require an amendment to the Golden Gate Area Master Plan). From a traffic and roadway capacity standpoint, it is important that all driveway connections of any sort be kept off Collier Boulevard at this intersection. That, in and of itself, is reason enough to purchase the subject property and prevent its development; but the added benefit is that the property will also be used as a retention pond for the treatment of stormwater run-off &om the expanded roadway. In fact, the property will be used as a stonnwater treatment pond not only for Project No. 65061 (Collier Boulevard six-Ianing from Golden Gate Boulevard to Immokalee Road), but also for Project No. 68056 as well (Collier Boulevard six-Ianing ftom Green Boulevard to Golden Gate Boulevard). The acquisition of the subject property, and its use as a stormwater treatment pond for Project No. 65061, will eliminate the need to acquire 3 acres of land for a pond at the comer of 3rd Avenue NW and Collier Boulevard, whose owners strongly object to the sale of said land to the County and the construction of a pond on a portion of their property. The cost to acquire the 3 acres on 3rd Avenue NW is estimated to be roughly $500,000 (including the value of the land itself, a settlement or jury award for severance damages to the remainder property, and attorney fees and expert witness costs). These costs will be avoided with the purchase of the subject property. As required by Section 125.355, F .S., for any purchase of real property in excess of $500,000, two independent real estate appraisals have been obtained. Because of the on-againloff-again nature of the negotiations for the purchase of this property, considerable time has elapsed since the appraisals were first obtained. One appraisal, dated August 20, 2004, values the property at $90,000 per acre (or $954,000 for all 10.6 acres). The other appraisal, dated August 6, 2004, values the property at $100,000 per acre (or $1,060,000 for the entire property). Current estimates of the value of Estates property along Collier Boulevard by the second appraiser (who is also appraising all of the right-of-way for Collier Boulevard Project No. 65061) are at $115,000 per acre and showing an appreciation rate of two percent (2%) per month. That puts the current value of the property near $1,220,000. _. "__"""'_"""""""'_""""'"~'''''';''''''''''~''''' .- Agenda Item No. 1682 April 12, 2005 Page 2 of 12 FISCAL IMP ACT: Funds to cover the purchase are budgeted in the Transportation Supported Gas Tax Fund and Road Impact Fee Funds. The estimated fiscal impact of $1,050,210 includes the purchase price of $1,045,000 as well as recording fees and title insurance. Source of funds are gas taxes and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the construction of six-lane improvements to Collier Boulevard, and the acquisition of right-of-way and related stonnwater retention and treatment pond sites required for the construction, this agreement is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Authorize its Chainnan to execute the Agreement on behalf of the Board; 2. Authorize staff to close the real estate transaction, and to record the conveyance instrument and any curative instruments in the Public Records of Collier County, Florida; 3. Accept the conveyance of the property by warranty deed; and 4. Authorize any and all budget amendments which may be required to carry out the will of the Board. Prepared By: Kevin Hendricks - Right-of-Way Acquisition Manager r-. Attachment: Agreement for Sale and Purchase ,- Agentia Item No. 1682 Aprl112, 2005 Page 3 of 12 COLLIER COLNTY BOARD OF COUNTY COMMISSIONERS ttem Number Kem summary 16B2 Rct.:Ornmende1ion 10 pUfc;husl'] 10.6 acres u11l:1nd ~11he interst'Jclion uf CQUì\~r 8oulcvan.1 and Goldøn Gall! Buulevard Meeting Date 4/1212005 9:00:00 AM Pr~pared By Dote Kevin Hr,:ndfÎr.ks Right Of Way Aecqui3itlon Man;¡¡g6-f Transportation E.ngineering and Construr.'!¡oll 3118/200512:044:2.1 PM Tr.unspurtioll Serv~cl!!¡¡' Approved By Usa Taylor Munagerncl1t!8udgr.1. Allillytrt Dale Tranøportiol1 5ervíçee. Transportation Administration 3f21121105 ':5.\ PM Approved B)' Tr."lnSiportntlcru $t:r....¡cr.s:; Principal Project Manager Tr.an!Jport.a.tinn F..ngineerin9 .nr;!: C(m!ttrodIDn Management Date EUliJen~ Calvert J/22'2005 6:06 AM Approved By Sharon Newman Accounting Supervisor Dittl! TraÞSfXlrtiol1 Sr.:rvice.s frlil\'1.Spnrt:ilhpfI Admil'llst.utlon 31281200'52:24 PM Approved By Nørm f::. I'-"ed~r, A¡C~~ rr;! n~IJO'b1toll DiviSIDn AdrniniGtrator D.at~ Transportion Servke$ Transportation Services Admin, 3129120051:D3 AM Approved By Pat lehnhard Executive Secretary Date TriJIl$porJ:i'lti(ln Sr:rvÎc41õ Trõ111sporL¡¡tlon 5ervìc~¡ Adml 'l )[3012O'051Q:42 AM Approved By OMH Coordinaior Admi 'l¡stratlve A:¡;:¡is!ant Date CDunty Manager'$! Offiece Ofhce 01 Mlln.getneot & BIJdytrt 3J301'200:5 12:42 PM Approved By Susan Usner Senior Managemet\1/Budge1 Analys.t D.'" GOllnty Manag(!r's Offict! Office of ManaQement & Bodget 3131120as 1:15 PM Approved By Michaelsmykow5i1i Management &- Budget Directeor Døre County Manuger's Office: Qffi<:e of Managerne:Ylt & Budget 3/31120050 2:26 PM Approved By James V. Mudd CmJnty Man.ager Date Bo,ud of County COll'lnlissioner.. COlknty Mam.'ger'9 Office 41212005 12:58 PM Agenda Item No. 82 April 12. 05 Page 4 12 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into this L day of /J1r'J'nA ~ 2004, by and between ELHANON COMBS, Individually and as Trustee (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS. Seller is the owner of those certain parcels of real property described as Golden Gate Estates Unit 1, Tract 105, according to the plat thereof recorded in Plat Book 4, Page 73, of the public records of Collier County. Florida (Folio # 36617200005) and Golden Gate Estates Unit 2. Tract 120, according to the plat thereof recorded in Plat Book 4. Page 75, of the public records of Collier County, Florida (Folio # 36667320003) (hereinafter collectively referred to as the "Property"), located in Collier County. State of Florida. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth. and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00). the receipt and sufficiency of which is hereby acknowledged, it is agreed that the above recitals are true and correct and incorporated herein by reference. and further agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be ONE MILLION. FORTY-FIVE THOUSAND DOLLARS ($1,045,000) (U.S. Currency) payable at time of Closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING". OR 'CLOSING') of the transaction shall be held within forty five (45) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The pwcedure to be followed by the parties in connection witt1 the Closing shall be as follows: 3.011 Seller shall convey a marketable title of the Property to Purchaser free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing. the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property. free and clear of all liens and encumbrances other than: Agreement For Sale And Purchase Page No. 1 Agenda Item No. 82 April 12, 05 Page 5 12 (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-g Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or Title Company and/or Agent. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Net Cash to Seller as shown on the Closing Statement. No funds shall be disbursed to Seller until the Title Company and/or Agent verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the Commitment, referenced in Section 4.011 (below), and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the Commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. Purchaser shall pay the cost of a title search and the minimum promulgated rate premium for the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and shall be paid by Seller through date of closing. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon the prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: Agreement For Sale And Purchase Page No. 2 Agenda Item No. 82 April 12, 05 Page 6 12 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form 8-1970) covering the Property. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at Closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser shall fail to advise the Seller in writing of any such title objections in Seller's title in the manner herein required by this Agreement within said 30- day period, the title shall be deemed acceptable. 4.012 Upon notification of Purchaser's objection to Title Objections, Seller shall have thirty (30) days to remedy, at its sole expense and using diligent, good faith efforts, any such Title Objections in order to convey good and marketable title. In the event Seller is unable to cure said Title Objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving such Title Objections, or Purchaser may terminate the Agreement. Purchaser's failure to terminate the Agreement as provided herein shall be deemed a waiver by Purchaser of the Title Objections. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within Ten (10) days of execution of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. If the survey obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the Property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access, the Purchaser shall, before expiration of the Inspection Period, notify the Seller in writing of the encroachment, projection or lack of legal access, and Seller shall treat it/them as Title Objections. Purchaser must raise any objections arising from matters revealed by Purchaser's survey within the Inspection Period set forth in Paragraph 5.01 of this Agreement or such objections are waived. These objections will be treated as title objections and paragraph 4.012 will apply. V. INSPECTION PERIOD 5.01 Purchaser shall have thirty (30) days from the date of this Agreement ("Inspection Period") to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 Purchaser may terminate this Agreement by written notice to Seller before expiration of the Inspection Period, in Purchaser's sole discretion. If Purchaser fails to properly terminate this Agreement before expiration of the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all due diligence and inspection documents obtained by Purchaser with respect to the Property during Agreement For Sale And Purchase Page No.3 Agenda Item No. 82 April 12, 05 Page 7 12 the Inspection Period (the "Diligence Documents"), including without limitation all engineering reports and environmental and soil testing. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Purchaser shall notify seller no less than twenty four (24) hours prior to said inspection of the Property. VI. POSSESSION 6.01 Purchaser shall be entitled to full possession of the Property at Closing. VII. DEFAULT, TERMINATION AND REMEDIES 7.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller, or Purchaser may seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 7.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement following ten (10) days notice and opportunity to cure, and, provided Seller is not in default, then as Seller's sole and exclusive remedy, Seller shall have the right to terminate this Agreement for such default by giving written notice thereof to Purchaser, whereupon half a percent (0.5%) of the purchase price shall be paid to Seller as agreed-upon liquidated damages, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 10.01 (Real Estate Brokers) below. 7.03 The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty. The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. VIII. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 8.01 Seller and Purchaser represent and warrant the following: 8.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 8.012 Seller has full right, power, and authority to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. Agreement For Sale And Purchase Page No.4 Agenda Item No. 82 April 12, 05 Page 8 12 8.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of the deed to the said Property shall be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 8.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this Agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 8.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 8.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 8.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; no waste is being discharged from the Property into any disposal system or receptacle other than a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water; the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there are any ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are presently or were previously located on or under the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 8.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, . construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 8.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 8.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or Agreement For Sale And Purchase Page NO.5 Agenda Item No. B2 April 12, 05 Page 9 12 improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 8.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the Property which may restrict or change any other condition of the Property. 8.022 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 8.023 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. IX. NOTICES 9.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with confirmation of transmission or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Transportation Engineering & Construction Management Attention: Right-of-Way Acquisition Section Manager 2885 South Horseshoe Drive Naples, Florida 34104 Fax Number: (239) 213-5885 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Agreement For Sale And Purchase Page NO.6 Agenda Item No. 82 April 12, 05 Page 10 12 If to Seller: Elhanon Combs, Trustee 2145 Coach House Lane Naples, Florida 34105 With a copy to: Peter T. Flood, Attorney 125 North Airport Road Suite 202 Naples, Florida 34104 9.02 The numbers, addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such numbers, addresses or addressees only, unless and until such written notice is received, the last addressee and respective address and number stated herein shall be deemed to continue in effect for all purposes. X. REAL ESTATE BROKERS 10.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XI. MISCELLANEOUS 11.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 11.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall be binding on and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 11.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been fully executed by both parties. 11.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 11.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 11.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to Agreement For Sale And Purchase Page NO.7 -_._-_.~--~ Agenda Item No. B2 April 12, 05 Page 11 12 which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 11.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 11.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 11.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11 .10 This Agreement is governed and construed in accordance with the laws of the State of Florida. 11.11 If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of competent jurisdiction, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. XII. ENTIRE AGREEMENT 12.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. IN WITNESS WHEREOF, the parties hereto set forth their hands and seals. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Fred W. Coyle, Chairman Agreement For Sale And Purchase Page NO.8 --_.~--_._---~-- AS TO SELLER: ,..-. DATED: _?-"10 -0 \ WITNESSES: O~ n (Signature) wJr~17:/v~,- (Printed Name) '>Y..:.--4'/d,,<-<--, A~ ~Mß-- (Signature).. -'9/4 Æ.LL'l¡/ e:- /: c;~LJ V L: (Printed Name) Approved as to form and j;;¡C~~~~ ..-- Ellen T. Chadwell Assistant County Attorney Agreement For Sale And Purchase Agenda Item No. 82 Apri/12, 05 Page 12 12 ELHANON COMBS, Individually and as Tr",1ee - _ ~/) / ç; .. BYC~t::~2 ~<èY{f~ Page No.9 Agenda Item No. 16B3 April 12, 2005 Page 1 of 10 .- EXECUTIVE SUMMARY Recommendation to approve the purchase of Parcel Nos. 119, 719 and 719A required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $201,500.00. OBJECTIVE: To approve a Purchase Agreement for the acquisition of right-of-way and temporary construction easements required for the construction of the six-Ianing improvements to Collier Boulevard. - CONSIDERATIONS: The subject property is located at the Northwest comer of the intersection of Collier Boulevard (CR 951) and 5th Avenue NW. Portions of the property, Parcel 119 (0.5406 acre right-of-way, fee simple purchase) and Parcels 719 and 719A (0.043 acres for temporary easements) are necessary to construct the roadway, drainage and utility facilities for the six-lane improvements to Collier Boulevard scheduled to commence in the fall of 2005 (see Exhibit "A" attached hereto). The parent tract from which these parcels are being acquired contains 3.07 acres. The improvements located on the parent tract include a horse barn with stables, a dressage rink, a horse exercise rink, fencing, parking area and grazing land for horses. This parcel also currently enjoys direct access from 951 that will change to 5th Avenue NW once the widening is completed. Immediately to the west and contiguous to the parent tract is another 3.07-acre tract that contains the property owner's residence, a guesthouse, another horse exercise rink and more grazing land for horses. There are three separate issues involved in assembling a full compensation package for the property owner: (a) the land value; (b) the value of the improvements located on the land; and (c) the cost to cure the damage to the remainder property due to the taking of the right-of-way and the construction of the Collier Boulevard improvements. The County's real estate appraiser estimated that as of December 6,2004, the market value of the land alone was $112,500.00 per acre, and increasing at the rate of two percent (2%) per month. Using this rate of appreciation, the value of the land is estimated to be $130,000.00 per acre by September 2005, when it is likely that the County's condemnations for this project will occur. Using our appraiser's market value estimate projected to $130,000.00 per acre by September 2005 (proposed time frame of the Order of Taking hearings for the Collier Boulevard project), and applying it to the areas for Parcel 119, 719 and 719A, the land value alone is calculated to be $71,955.02. Improvements located within the area of the 3 parcels were appraised at $35,400.00. In addition to the land value and the value of improvements calculated by the County's real estate appraiser, a cost-to-cure was developed to try to maintain the functionality of the owner's horse fann. The current location of the owner's horse farm places the entrance to the stables 120' from Collier Boulevard's edge of pavement, which is enough distance to provide room for horse ",...... Agenda Item No. 1683 April 12, 2005 Page 2 of 10 -"'.-...... trailers to enter the site from Collier Boulevard and to maneuver the vehicle and park in such a way that does not disturb the activities on the horse fann. After the six-laning of Collier Boulevard, the new edge of pavement will be only 47 feet from the stable (73 feet closer than it is now). In addition, as a part of the construction of the new roadway (and the installation of a right turn lane serving 5th Avenue NW), the owner will lose his direct access to Collier Boulevard. Access to the fann and the stables will be restricted to 5th Avenue just like the adjacent residence property. This will require a new driveway to be constructed from 5th Avenue NW to the stables. This new driveway, in turn, takes up space on the remainder property in such a way as to require the reconfiguration of the dressage rink:. The cost of the new driveway and parking area, and dressage reconfiguration, as estimated by the planning expert hired by the County's real estate appraiser, amounted to a total of$49,6oo.00. - The property owner worked with the County's expert in the development of this cost to cure; but is not convinced that our plan alone will completely restore the functionality of his horse farm, because the horses would have to be led out of the existing bam door and then through a parking lot before reaching the exercise or dressage rinks. After careful consideration, the property owner presented the county with an alternative cure that involved opening his barn in the middle to provide an exit for the horses that would avoid the parking lot. This cure would mean that the property owner would lose one stall and would therefore have to add another stall in order to be made whole. Staff discussed this cure with the County's appraiser to detennine the cost involved in adjusting the cure to reflect these additions. The County's appraiser suggested that we could task our planning expert with estimating this cost for a small fee; but our appraiser also said that by simply consulting a construction cost manual such as Marshall & Swift, he could roughly estimate that the new cure would exceed an additional $25,000.00 to achieve. Adding $25,000 to the adjusted land value, and to the value of the improvements being taken, resulted in a new compensation figure of $181,955.00. Previously, the property owner said that he would settle for $200,000.00. At $182,000.00 (rounded) we are very close to the owner's settlement number. In view of the considerations expressed previously regarding the negotiation of a full compensation package for the property owner, and in view of the costs of NOT reaching settlement and proceeding forward with litigation, staff is recommending settlement in the amount of $200,000.00. As the condemning authority is responsible for attorney fees and the cost of expert witnesses, litigation on this parcel would expose the County to additional costs for its own experts, as well as the cost of the owner's real estate appraiser, land planner, engineer, building contractor and equestrian expert, in addition, of course, to the owner's attorney fees. It is also important to note that the owner has raised no claim for incurable damages to the remainder property, a claim which creative experts hired by the owner's attorney, could be expected to manufacture should litigation ensue. The property owner has lived and earned his living at this site for many years, and no one knows better, or feels the affects of this project more, than the property owner. This settlement is considered a win/win situation for both the County and the property owner. - Agenda Item No. 1683 April 12, 2005 Page30f10 .--- FISCAL IMPACT: Total expenses will not exceed $201,500.00 including the purchase price for the land, title insurance, closing services and recording fees. Source of funds are impact fees and gasoline taxes. GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six-Ianing project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. 2. 3. 4. 5. ,-. Approve the Purchase and Easement Agreement for Collier Boulevard Project Parcel Nos. 119, 719 and 719A, in the amount of $200,000.00 and authorize its Chainnan to execute same on behalf of the Board; Authorize payment to the Owner in the amount as shall be specified on a Closing Statement; Accept delivery of the Warranty Deed and Temporary Construction Easements for the property as provided under the Purchase and Easement Agreement; Authorize staff to close the real estate transaction, and to record said deed and easements in the public records of Collier County, Florida; and Authorize any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by Debbie Armstrong, TECM - Right-of-Way Attachment: Purchase Agreement /"""'"" item Number Item Summary Meeting Date Agenda Item No. 16B3 April 12 . 2005 Page 4 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1583 Recommf!ndatlorl to '1pprove tþe purct¡asp. of Parcel Nos. 119. 71 9 and 719A required forfhf! construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate 6otJlev~rd to Immokatee- Road_ (Project No. 65061, Capitallmpm\"ement Element No. 37). FIscallmpaCl: $201,500.00 4i12j2D05 9:00:00 AM Prepared By Pr-op~rty Acquft>i1:ion Special!sl 3/2:4/200512:52:111 PM Pebb¡~ Arm.'i-l rong Trans-portíon Service>' Date TEGM~ROW G.uy PutaanslJu Date Approved By Traniiportion Scrvic('!s Senior Project Manager Tr¡¡f\s;.porhitÊon €l1g(n~rìtlg and CCtnstru.:tion 3/24n005 t ~51 PM Sharon Newm::tn Accounting supcrvi$or Date Approved By Tr'Jl1fô )Qrtiol'l St:rviCp.fô lr.ln:liþr.>rlatlon Administr.t'tiQtJ J/2Sf20Q5 6:46 AM UuT.;aylor Mil-l1agemel\tfBudge.t ÄnaIY$! D'lte Approved By Tr:al'lloportiotl Services Tr;ll1sportl.\lion Admil1¡stratíon 3125120058:30 AM Eugene Calvert D;I¡te Approved By Tr;¡nt¡:p0rU'!j0t1S S<1rvicl!:Is Pri!\cipal Project Ma.nager Tran¡;portation Engineering and Construction Management 3/25i2:005 9;07 AM Kevin Hendrjcks Da.te Approved By Tr.ln1ôporl:i/)1'I 5ervir,:ltfô Right 01 Way Acquit>itiofl Manager TrIlMPort~bt)" EnginMrln¡¡ and C:onstr"ction 3/26/2005 1 :49 PM Norm E. Fed!::r, AICP Tral1-$portation Division Admín¡5tf ~tor Date Approyed By Transportion Sp.nriç~$ Tranli(lorb.liotJ Servír.cs Arhnil1 3/29/2005 6d6 AM Pat Lehnhald Exe~utj\l~ S~cr~t;/l.ry Dde Approved By Transportation Ser",¡cea Tran,,;partatíon Services Adn1in 3/30;2t105 10:'7 AM OMB Coordin..tcor Administrative Anistant Date Approved By County MJ)IHlg~r'lÞ Off1c~ Office 01 MoltJug()m~nl80 l)!Jd9~1 3/30/20051;2:44 PM Mark Is¡¡çK!>CI'1 Budget Ana!ys! Oat~ Approved By County Munagcr'¡¡ Dffice O'ffi¡:e of Management & BUd¡ t!t 3!31/2005 10:25 AM Senior Management/Budget An3ly&t Dilte Approved By SUS<ln Ushef County Manager'1ii Office Office of Mal"lagem\'!'nt & Budgct 3/3112005 1:22 PM Mich",e:! Smykow6lti Management &. Budget OIrC'ttor Dato Approved By County Marwger's OfficI!! OUke or MarHII;;ernel'lt & Budget J/31/2COS 2:34 PM Approved By James V. Mudd Board of County Commissioner... County M.:Inager Oilte County Manager'!! Office 3/31120056:27 PM Agenda Item No. 1 83 April 12, 05 PageS 10 PROJECT: 65061 PARCEL No(s): 119,719, 719A FOLIO No.: 36666840005 PURCHASE AGREEMENT THIS PURCHASE AND EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2005, b~ and between THOMAS FONTANA, a single man, whose mailing address is 3975 5 Avenue N.W., Naples, FL 34119-1501 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in Parcel 119 and two temporary easements, Parcels 719 and 719A, described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 . All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $200,000.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. It is mutually understood that the Property is being acquired under threat of condemnation. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the Agenda Item No. 1 B3 April 12, 2 05 Page 6 0 10 Purchase Agreement Page 2 County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed and Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Purchase Agreement Agenda Item No. 1 83 April 12, 2 05 Page 7 0 10 Page 3 11 . Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2005. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Fred W. Coyle, Chairman ?2~ .. / THOMAS FOOT ANA k'e;v,¡.J H E:¡J ~ ,c..rc:::S Narw (Print or Type) 1'lIx'f2 ¿~ . t? n<A~ Witness (Signature) f¥AIS/~ Af?u'V/(tJIo.Jf, Name (Print or Type) Approved as to form and legal sufficiency: krY~ '-'Ëllen T. Chadwell Assistant County Attorney -------lrRAë:f----li--GõLõËÑ-GÃrË-EsTATES ~ I UNIT NO. 2 ~ P.B. 4, PAGE 75 TRACT @ 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 _1- 5TH AVE. N.W. ---- ---- ---- LINE L65 L85 LaB La7 LINE TABLE LENGTH 60.00 10.00 75.00 50.00 LEGAL DESCRIPTION A portion of the Eaet 1/2 of Tract 110 together with a portion of the South 75 feet of Tract 109 Golden Gate Eetates Unit No.2, Plat Book It, Page 75-76, of the Public Records of Collier County, Florida, beIng more particularly described os follows: Seginning at Southeast. comer of Tract 110; thence 5.69'31 '2S"W. along the South line of Tract 110. 0 distance of 60.00 feet; thence N.OO·26'32"W., 0 distance of 330.00 feet to Its intersection with the North line of Tract 110; thence N.S9·31'2S·E. alon9 said North line, a distance of 10.00 feet; thence N.OO'28'32"W.. 0 distance of 75.00 feet to its intersection wIth the North Hne of the South 75 feet of Tract 109; thence N.B9·31'2B"E. along Boid North line,· 0 distance of 50.00 feet to Its Interse<:tlon with the Easterly line of Tract 109; thence S.00·2B'32"E. along the East line of Tract 109 and Tract 110, a distance of 405.00 feet to the POINT OF BEGINNING. Containing 23,550.00 square feet or 0.5406 acres, more or less. DAVID J..~ I .b' . FOR THE FIRM FLORIDA.U . Iì . " ..' .'J._,,·:L.~ . Q·"-)7;'fj J /' .' (DATE SIGNED) "': .. - " , ~,.·i .. NOT VALID WITHdlJi-. ~E SIGNATURE AND THE ORGINAL RAISED. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 I'IIQ.lECT NO.' 65061 PARCEL NO. , 119 WlI.MIIIBr-·~~- _..........~._.~_.~- ~.hc. ......,...... ....=-..."':rr'..:-..-=. =:.ø. ___ Sop 17. 2003 - oe:31:80 MWot\!RE!X:\SuR\Naalð\eslodloo.d,,¡ L87 Agenda Item o. 1 B3 I Apri 12,2 05 Pa e80 10 r (XI m ~ 8 ~ 0 ,...., Ii :s: 0 ~ (J) Ii ° q a tv 0 .- (XI .- LO vJ ........ 0'1 tv .... Ii . LO rr1 0'1 Ò Ii ~ Ò I LJ z o q tv ~ tH tv i tH tH o o o. NOTES: 1. This Is not 0 survey. 2. Basis of bearing Is the Weet line of County Rood 951 (C.R. 951) being N 00'26'32· W, Florida State Plane Coordinates NAD 83/90, Eaet Zone. 3. Subjsct to e08ements. reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. rspresents Paint of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Eaeement. 10. U.E. represents Utility Easement. EXHIBIT .lL Paøe....L- of~ + 3M ~ . j o as 10 '00 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & D£SC~PTION 09/20OJ PROJECT NO,; N601$-00!5-000 f1L£ NO.1 2L-812 _~________JL88_ÇI_-__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 J 60' RIGHT-OF-WAY EASEME:J ______1_____ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ --- 5TH AVE. N.W. - - - - ;-JI TRACT @ LEGAL DESCRIPTION A portion of Tract 110 Golden Gate Estates Unit No.2, Plot Book 4, Page 75, Public Records of Collier County, Florida, being more particularly described as follows: Commencing at Th.. Northeast corner of Tract 110; thence S.69'JI'26"W. along the North line of Tract 110, a distance of 60.00 feet to the POINT OF BEGINNING; thence S.00'28'32"E., a distance of 300.00 feet to Its intersection with the North line of the 5th AVE. N.W. right-at-way easement; thence S.89·31'28"W. along sold North line, a distance of 5.00 feet; thence N.00'28'J2"W.. a distance of 300.00 f6et to its inters6ction with the North line of Tract 110; thence N.69'J1'26"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1 ,500.00 square feet or 0.0344 acres, more or less. L142 Agenda Ite 1 L138 ì I II ~ '0 a¿ -.J « ð ~ ~ ....... :Ii ci Ii b o ... -..J to m ci Ú .þo. v. ~ to L140 I[) m ci Ú I I ~ -- LINE L138 L139 L140 L 141 L142 LINE TABLE LENGTH 60.00 300.00 5.00 300.00 5.00 NOTES: 1. This is not a survey. 2, Basis of bearing is the West line of County Road 951 (c.R. 951) being N 00'26'32" W. Florida State Plane Coordinates NAD 63/90, East Zone. 3. Subject to easemente, reservations and restrictions or record. 4. Easements shawn hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O,C. represents Paint of Commencement. 6. O.R. represents Official Rscords, 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 4 N I n o. 100 GRAPHIC SCALE EXHIBIT ....8.- page...1- of~ P¡ - ;;.. ~ -f) ') (DATE SIGNED) NOT VALID Wlìl;l(}t,JT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PAROÐ. NO. , 719 Wil.Milllii··~W- _.--../JIQIogID.-.- .~_.~........ ~tx: IØ......UI\...........=~,.",~~·.::.ø.___ 09/200J Sap U, 2003 - 1 h3e,oe MLAMVRE!X,\SUR\Hooll1\gel.dIOO.dwg ~ o I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKF:TCH de DESCRIPTION PROJECT NO., 1160f5-()(}5-oao All NO.: 2L-812 No. 112, ge 9 83 005 f10 -------------------------------- Agenda I~e No. 6B3 h f r;112, 005 ge 10 f10 I Ò I 0 oc 3: I ! I Ò oc I 0 0 .- .- L() '-'" ().') .- ~ I L() ( ) u I I oc y t-:..\ TRACT @ TRACT ----------~---- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ~~~~~~~~~~~~~~~~~~~~li~~~~~~~~~4~~~ I r r I ~ ~ ¡ .". .". I (Jl -..J I L143 I I I I TRACT @ .\ L 144 LEGAL DESCRIPTION A portion of the South 75 feet of Tract 109 Golden Gate Estotos Unit No.2, Plat Book 4, Page 75, of the Public Records of Collier County, Florida, being more particularly described os follows: LINE L143 L144 L145 L146 L147 LINE TABLE LENGTH 50.00 5,00 75.00 5.00 75.00 NOTES: Commencing at the Southeast corner of Tract 109; thence S.B9'31'28"W. along the South line of Tract 109, 0 distance of 50.00 feet to the POiNT OF BEGINNING; thence continue S.89'31'28'W. along said line, a distance of 5.00 feet; thence N.00'28'32"W., 0 distance of 75.00 feet to its Intersection with the North line of ths South 75 fset of Tract 109; thence N.89'31'2B"E. along said North line, 0 distance of 5.00 feet; thence S.00·28'32"E., 0 distance of 75.00 feet to the POINT OF BEGINNING. Containing 375.00 square feet or 0.0086 acres, more or less. 1. This is not a su/'\'ey. 2. .Bosis of bearing Is the West line of County Rood 951 (C.R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, rese/'\'ctions and restrictiona or record. 4. Eaaements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Palnt of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. EXHIBIT .1L page..,:L 01...:3- ~ N (DATE SiGNED) NOT VALID WITHOUT "HE SIGNATURE AND THE ORGINAL 'RAI~I;Q SEAL OF A FLORIDA LICENSED SURVEYOR ANO MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~- o 20 GO 100 GRAPHIC SCALE I 200 PROJECT NO.; 65061 PARCEL ND. ; 719A WI'.Mllle'-·~~- """'" . ø.--.. ~. -.-. UtIdIaI oo- '~CIrIduIIo . ~,hc. __~..... ....=ø:.:Ir.'~-=·::t.n._...- 09/200J Sop :la, ZOOJ - 11:JBIðB IoIIJoI.IURE!X.\SUR\NB01B\¡S10dlOO.clwI COLL/£R COUNTY D£PARTM£NT OF TRANSPORTATION SKITCH de DESCRIPTION PROJECT NO.¡ NIS01!S-OO!S-OOO /1l!' ND.; 2L 812 ---_._-~--~ Agenda Item No. 16B4 April 12, 2005 Page 1 of 11 - EXECUTIVE SUMMARY Recommendation to approve Change Order No.2 to Contract #04-3654 with Vila and Son Landscaping, for Livingston Road (pine Ridge Road to Vanderbilt Beach Road) Landscape Beautification in the amount of 582,382.36. OBJECTIVE: To increase the scope of work under Contract #04-3654 with Vila and Son Landscaping for landscape beautification to Livingston Road (pine Ridge Road to Vanderbilt Beach Road). CONSIDERATIONS: On September 14, 2004 the Board of County Commissioners approved Contract #04-3654 to Vila and Son Landscaping for landscape and irrigation improvements on Livingston Road from Pine Ridge Road to Vanderbilt Beach Road. Change Order #2 includes increase of soil for median planters; excavation of 8" of existing embankment material and replacement of planting soil from median #1; additional bores due to broken or non existing sleeves; and corrections to Change Order # 1 to the irrigation system. In order to complete construction, the changes specified in Change Order #2 are required. The total amount of Change Order #2 is an additional $82,382.36 for a total contract amount of$783,355.65. ,..-. FISCAL IMPACT: Funds in the amount of $82,382.36 are available for this Change Order in Fund 112 Project #620715. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners, approve and authorize the Alternative Transportation Modes Director to execute Change Order No.2 to Contract #04-3654 with Vila and Son Landscaping in the amount of $82,382.36 for the landscape beautification on Livingston Road from Pine Ridge Road to Vanderbilt Beach Road. PREPARED BY: Bob Petersen, Project Manager, Alternative Transportation Modes Department ATTACHMENTS: (1) Change Order, (2) Contract Modification, (3) Work Directive, (4) Proposal, (5) Updated Timeline .-.. Item Number Item Summary Meeting Date A9enda Item No. 1664 . April 12. 2005 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1664 Recomrnen(\alion 10 approve Ch¡¡nge Order NO.2 to Contract rltlJ.4...3654 with VilB ,;,nd SOil Umdsc3pìng. for Livingston Road (Pine Ridge Road 10 VanderbHt Beach Road) LandscApe Beautification in lite arnounl of $82.382.36 4/12/20059:00:00 AM Liz- De leon Operations. Coordinator 3/24f2ßD5 4:04:27 PM Prepared By Traru¡pørlutkm $(!,yjç t$ Date AIINI\¡)tiv~ TraU6portation MDI:le$õ Sha.ron N"wm.:m Aççoun1ing Sup':Nisor D<lte Approved By Trans.portion Sðrvice-¡. Ttan¡.pOl1atíon Administr,ation 3/28/200S 2:43 PM Rhot1da Rembert C<,mtr.1ct Sþecia!í!!.t Date Approved By Adm¡nÎstralive Ser/k,¡,ø Purchasing 3/2912005 8;33 ÄM Stev(! CIJrnel1 PurduBing/Glmera! Svcs Dire-ctor Da'" Approved By Adminl..trntj·I¡: ServiC.c$ Purchasing 3/29/200510:21 AM PN ed M'.H!a!.1~r Onte Approved By Pdmel;J J. lulk:h Tr,'""portion S"rvir.:ru. Traffic. Op~r:l;tll)Mi A TM )!29/2005 7:30 PM r40rm E. Frrd€!r, AICP Tn111-Spr.>rtotion Oivi$lon Administra.t.or Date Approved By TTan!$portion Servi(:es Tr09I'HJport.à!!OIl Ser""icc$ Admin. 3}30/2005 7~1g AM GloÖa Herrt!t<l Mana!letnlmt/Budgert Atli)!Y!lt D*I~ Approved By Transportiol1 Servic<e=e: Trani!l'pOnltiof1 operations 3'30/200512:.&9 PM Diane B. Flagg Date Approved By Tran:!iportion Ser\fíc.l!s Direr..tor of Alternative Tran&port.atiol' Mt)de!i ArM OIr~(..'1or Alterniltivt: Transportation Mod<1"5 3130/2005 -1:56 PM Pat Le-hl1hard Ex!t<..utivc- SN:retôlry Date Approved By TtanSpofbtiotl Sen¡ict!$ TransþOrbtion 5èlVict!$ Admin 3.'JOl2{ D5 3:26 PM OMB Coordinator Adminlstr,divE! Assistant Date Approved By County Manager's Office Of1ice af M:\nagement & Budget ;!.f3Q/;'!OQS 3:35 PM Mark Isackson Budgl?t An.Jly&t Date Approved By County t.bnagN'ß O 'fic~ Officp. I)f M.mag~l'T1enl: iii B!Jdgl!>! 3131/20053;45 PM MichJJrtI5m)'koWH\(i Mafltlg~rnent &. Eh,l09P.t Oif~clm D;¡';p. Approved By County Manager's Office Office of t; wnagement 8. Budget 4f4flOD510:4ï AM Approved By James V. Mudd Board of County CommÎs5ìon.crs Co....ntY Mana.ger D¡¡te County Manõlger'.1> Office '¡15120U5 8:17 PM I DATE: I I I I I I I I I Accepted: CONTRACTOR: I (\ n. 1By.~~~·~n~ç I ~~fA RECEnlED I ?(f5 I",., '3-?;;%~ TR-CA-E-1 ~ Bid No. 04-3654R,- Collier County Landscape BeautifICation Master Plan- ¡:,~ LMngston Road (Pine Ridge Road to Vanderbilt Beach Road) I ø I I ._.....---....-_.w.· .., Agenda Item No. 1684 April 12, 2005 Page 3 of 11 EXHIBIT E CHANGE ORDER .~ TO: ·&b p~. Co/~:et~#ðr. ¡;'~;ì~t! fø~~ ÂI" Á&" « . ¡:::¿ c'f? i//1Jl/ ~, - , 3- 7-0$" CHANGE ORDER ,NO. CONTRACT NO. oL/ ' 3bÇl/ R 1;-4M5',t't:Jr'" ~~ðN HAles ; , PROJECT NAME: L ,-..../';7 skI" III Phue 77T: PROJECT NO.: t)t./.:.3",çt,i I< ',$"t.)(:ò Y6DJ'J Uncler our AGREEMENT dated 9 - I i/ . 2004. You hereby are authorized and directed to make the following change(s) in a~dance with terms and conditions of the Agreement ! ' FOR THE ~~ (Deductive) Sum of: :II 8 z. I 3 8 Z. ; ($ ). ' Original Agreement Amount a 7~ Z'1rç, 20 21. 5"78. 09 , . 82., 382. ~ 7S3,~ 5"5"D ~ . $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be OOÇf9SsEij:lldecreased) by '2 ~ calendar ~ys due to this Change Order. Accordingly, the Contract Time Is now ?J. - -,..... 0 ~ (" Z ) calendar days. Th~ substantial completion date is 5"'7 ...o~ and the final completion date is t; - 2 ~ ",oS" Your acceptance of this Change Order·shaU constitute a modification to our Agreement and will be performed subject to all the same terms a~d conditions as contained in our Agreement Indicated above, as fully as if the same were repeated in this acceptance. The adjustment. if any, to the Agreement shall constitute a·fulland final seWement of any and all claims of the Contrachor arising out of or related to the change set forth herein, including claims for impact and delay costs. ¡ ,2004 OWNER: , Project Manager By: , Director By: ,AdminIstrator _.._____0.. _._ Agenda Item No. 1684 April 12, 2005 Page 4 of 11 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Livingston Road Phase 3 fPRR-VBR\ PROJECT#: 620713 BID/RFP #: 04-3654 MOD #: : AMOUNT OF THIS CHANGE $82.382.36 PO #: 4500038097 Work Order #: ~ CONTRACT AMOUNT: ORIGINAL $ 679.395.20 CURRENT 5 700.973.29 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 679.395.20 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval SeDtember 14.2004 Agenda Item # 16 (B) 6 Cumulative Dollar Value of Change Orders to this ContractIWork Order: 5103.960.45 Percentage of the change over/under current contract amount Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (S):ORIGINAL: March 16. 2005 CURRENT: Mav 3.2005 SUMMARY OF PROPOSED CHANGE (S): Increase of soil for median Dlantings (for a total of S47.058.00) and to excavate 8" of soli from a Donlon of median '1 (for a total of 524.215.00). Deletions of irriaation materials and additions of other. (see backuD attachments) JUSTIFICATION FOR CHANGE (S): To raise soil level to an acceDtable height for arowlna Dlant materials. PARTIES CONTACTED REGARDING THE CHANGE: Gloria Herrera. Bob Petersen. Joroe A. Freire. Michael A. McGee and Diane Flaca IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable Date: r - 2'2.-€J¡-' Date: APPROVE: DISAPPRO COMMENTS: Revised 9/14/04 _.___M_." ~o.,..~_,__ (i) Agenda Item No. 1684 April 12, 2005 Page 5 of 11 Transportation Eoeineerinf! & Construction Mana2ement Department WORK DIRECTIVE CHANGE PROJECT NAME Livingston Road Phase m CHANGE # 2 (pine Ridge Rd. to Vanderbilt Beach Rd.) DATE OF ISSUANCE: March 2,2005 EFFECTIVE DATE: March 2, 2005 OWNER: Collier County Board of Commissioners CONTRACTOR: Vila & Son PROJECT#: 620713 CONSUL T ANT: Mike McGee You are directed to proceed promptly with the following change(s): Description: Add required amount offill (soil) to raise medians currently deficient. Purpose of Work Directive Change: To raise soil level to an acceptable height for growing plant materials. Attachments: Estimates of CY (cubic yards) for median fill (soil). . If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: [8J Unit Prices D Lump Sum o Other Method of determining change in Contract Times: o Contractor's records o Engineer's record o Other Estimated increase (decrease) in Contract Price $ 63,570.00 Estimated change in Contract Time: Increase or decrease by 0 calendar days. RECOMMENDED: ~'. //~/ /~ ~/¡tØ¿:.~ /' 7/ Engineer/C ultant AUT~O D: (Q By:" ~ Owner' Representative 03/02/05 1 :23 PM ----- -(i) Agenda Item No. 1684 April 12, 2005 Page 6 of 11 TransDortatioo Ene:ineerioe: & Construction Manaeement Department WORK DIRECTIVE CHANGE PROJECT NAME Livingston Road Phase III CHANGE # 2 (pine Ridge Rd. to Vanderbilt Beach Rd.) DATE OF ISSUANCE: March 2,2005 EFFECTIVE DATE: March 2, 2005 OWNER: Collier County Board of Commissioners CONTRACTOR: Vila & Son PROJECT#: 620713 CONSULT ANT: Mike McGee You are directed to proceed promptly with the following change(s): Description: Add required amount offill (soil) to raise medians currently deficient. Purpose of Work Directive Change: To raise soil level to an acceptable height for growing plant materials. Attachments: Estimates ofCY (cubic yards) for median fill (soil). If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: r8J Unit Prices o Lump Sum o Other Method of determining change in Contract Times: o Contractor's records o Engineer's record o Other By: Engineer/Consultant ACCEPTED: By:~&~GQ~' Estimated change in Contract Time: Increase or decrease by 0 calendar days. B:~~ Owner's RepresentatIve Estimated increase (decrease) in Contract Price $ 63,570.00 RECOMMENDED: 03/04/05 10:23 AM ............. .........-..--, FROM McGee ¡ Associates FAX \[). 941 417 07Ø8 Agenda Item No. 16B4 Feb. 22 2ØØ5 Ø3;~ÅI 1~i2005 -'"þ'age 7 of 11 Landscape Arabi t:ec:~ o TRANSMITTAL o FACSIMILE COVER SHEET ~ MEMORANDUM 7Ikt:Jee & ?ld4ð<iate4 Des.i.gn ... Eøv:l.:0IIIIeAtaJ. ~'t *$13 ~j 11'1 .. ComNltint; AJ:bori.s~ ... S079 '1'am.iami ~:a.il Eas1: NapLeS. Flo:ida 34113 Phone: (239) 417-0707 Fax; (239) 417-0'108 I Date: 02l21.J2005 Attantlon: Jorge l To: Mr. Jorge Freire Subject: Livingston Phase III (Pine Rid~ Rd. to V. B. R.) Company; Vila & Son MiA Project No.: NlA Address 13901 NW 118U1 Ave. Uiamì. Florida 33178 Fax No: 1·305-805-4270 Number of Sheets to FoUow This Cover Sheet: 1 Original to Follow by Mail: 0 Yes o No We are Transmitting the Following: o Letter o Proposal o Sketch o Invoice o L.egal descòption 181 other Med"18n8" 1 thru 5 sq. footage & estimated fill o For approval ~ Foryour use ~ For yourintonnation ~ As requested o Reply Is requested Jorge: Here are the median square fooœge$ for Phase III Pine Ridge ReI. to Vanderbilt Beact1Rd. The CUbic yarctnumbers are our estimates wíth a 40% settlement factor. The fill amount is to install fill so to leave the finiShed soil grade at two inches below top of Çurb at the curti or 12 Inches off and to provide for a center line crown of 4 inches above the top of the curbing. Median1#;1 - 52,500 sJ. 454 1:.y. Median #2 -40.172 s.t. 341o.y. Median #3- 27.642 $.f. 238c.y. MedJan #4- 21.028sJ. 1ð2 (;.'1. Med¡an#5 - 34.370 s.f. 297 ~. If you have any questions please feel frae1e contlCt our offlce any time. Co )ies To: Bob Petersen. Projec:t Manager C.C. Alternative Trans. Mode Oept. Fax 213-5899 From: Michael A. McGee. rJ.a. t1Jtt".~,¡ A. 169'- Signature: · ' "m--oe IMcInnoøion on 11\0 use of " \OiCI or en f ...~ ,baWl. If tho reødør o11his .-ge Is IIðI .". ìnt8ndood 'ecdpõenI, )I'ÞU _ ........., nadr..s 1hIII ., -. 0--.11,-.... I1I8IbUIIoft 01 ""'P1 d Ihìs~y is atrIcIly ¡ prahibi1ed, "\'011 1Ia"" ~thÎli~ in_, pIeaso bj,,,~-~'tvllClllfy.. bylelep/l_and reIUIn Ih8 origin:l/ 1ßIS8Ø81OUS;d Ole addresrilbove vb Vna., SlIhIs Poctsl . ThMk \\Ðaví.rldr.swiDgs~~\Pn;_\CC TRIU. ÐqJt\Lj\'ÌD¡JIOII.'C~lII\Scviç. DwiIIg Cœst\Phuc mWi1a .I\: 8on.Liviap1aD PH m ME.D PILL O~21- O$.ðoc Bob Peterson Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Fl 34104 Jorge A. Freire .~ (_.;-i Livingston Road Naples, Florida Proposal DATE: March 7, 2005, VIA FAX: 239-2 I 3-5899 TO: FROM: RE: 454 c.y. 347 c.y. 238c.y. 182 C.y. 297 c.y. 453 c.y. 635 c.y. 310ft. Credi t 134,406 sqft The following is a proposal for: · Increase of soil for median planters · Excavation of 8"of soil from median number one. · Additional bores due to broken or non existing sleeves · Corrections to Change order # 1 irrigation system The break down is as follows: Median # 1 Median # 2 Median # 3 Median # 4 Median # 5 Excavated material total: Replacement soil + Compaction Additional Bores@ 4" Corrections to Change order # 1 Grassing (per FDOT section 570) ( Bahia & Rye seed) Total $14,074.00 $10,757.00 $ 7,378.00 $ 5,642.00 $ 9,207.00 $ 4,530.00 $19,685.00 $ 4,882.50 ($ 1,837.50) $ 8,064.36 $82,382.36 NOTES: . Additional 25 c.alendar days needed for change order # 2 Please fcel free to call me should you have any questions. > _. """~A.N.."..,...,..,..·Am~_~,--""",~,___·~Nd~~_N~_"-"'~""'--,."~ Agenda Item No. 1684 April 12, 2005 Page 9 of 11 2.00 LIVINGSTON ROAD (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD)RE-BID V. BASE BID IRRIGATION MATERIALS - RIGHT OF WAYS AREAS 1 Class 200 PVC pipe-Refer to plan & pipe sizing schematics for sizes. Piping for bubblers; Piping from sprinkler to sprinkler shall be 1" Min. Piping from sprinkler raw to sprinkler row shell be '-114· AU pipe to be reuse water color coded per State statue. 2 Hit LRP, Programable receivers. Include one unit per zone control valve 3 Taro XP300-12P-XXX-XX, XP-300, Series 12" high pop-op multi-stream rotor head and x-now shut off device. Refer to plan for patterns & nozzle ranges. 4 Toro 220-227-)(-5, 1.25" 220 Series Brass Electric Solenoid Valve with pressure regulator. include a 1.25" Red White 206 Series isolation valve. Install combination units within a Jumbo valve box 5 Taro FB-1oo-pC, , GPM or FB-SO-PC, .5 GPM Pressura compensating umbrella type bubbler nozzle 570 nozzle adapter. , per desnated tree. Refer to plan for trees and flows desinated. Bubbler Installation to Include piping VI. BASE BID IRRIGATION MATERIALS . (MEDIANSI 1 lITigation system sources: Hoover 7.5 hp booster pump stations Model #HCF-7.5PD,A,M.Q, with 2" Netalim flowmeter capable of transmîtting to County's Motorola Irrinet contrOllers. To include Installation In 1.25" pvc sch 40 conduit for 6.plex pvc jacketed 18 ga. 24 volt. valve/communication wiring from flowmeter to the controller locations. 2 Motorola Irrinet and Scorpio Controllers. Bid valve and wiring CQI1nections or 3 3· PVC 1 t 20-1220 Class 200 gasketed Irrigation main line with Harco DIP fittings. Reuse water color coded. Mainline pipe through sleeves to solvent weld & not gasketed 4 Valve wiring in 1.25· dia. Sch. 40 pvc piping with long sweeps Into valve boxes. Wiring is continuous along main line and to controller To include pull/junction boxes as required and at controller PUllIJunction boxes to be Jumbo size boxes install est qty unit unit cost total cost (INCLUDE IN HEAD PRICING) (SPRINKLERS & BUBBLERS) -'5 Ea. $ 6250 $ (937501 6gEa. $ 85.00 20 Ea, . S 335.00 463 Ea. $ 37.50 Subtotal SectlCin V $ (937.50) Ea. $ 11,25000 $ 2 Ea. S 450,00 $ LF $ 5.45 $ 5 Hunter MwS-FR. Mini-waathar station with freeze and wire to controller. See detail C-' "Controller Enclosure "B· 6 6" HOPE Class 150 SDR '1 Extra molecular HOPE Irrigation sleeves. Installed using directional boring procedures per specifications. 7 4" HDPE Class 150 SDR 11 Extra molecular HDPE Irrigation steeves. Installed using directional boring procedures per specifications. 8 2" HOPE Class 150 SDR 11 Extra molecular HDPE Irrigation sleeves. Installed using directional boring procedures per specifications. 9 Class 200 PVC pipe-Refer to plan & pipe sizing schematJcs for sizes. Piping for bubblers; Piping from sprinkler to sprinkler shall be ," mln, Piping from sprinkler row to sprinkler row shall be 1-1/4· All pipe to be reuse water color coded per State statue. 10 Irrigation main line blow off points 3" & 2" Sch. 80 Piping & Fittings, 1-1/2 Red White 206 series manuel gate valve. valve boxes & other elements as per detail 11 Hit LRP, Programabla receivers. Include one unit per zone control valve. 12 Hit SPD-F, Surge protection device field. Provide (1) per 300' of control wire 13 0-100 PSI Liquid filled pressure gauge and air valve with adequate SCH 40 PVC tees and outiet reducers at main & sUbmain pressure check points. Provide 1 Ametek 12" rectanglar valve box per assembly Ea. $ 195.00 $ '-'-y -)'9b LC $ 26.75 $ (7.891 25) '.1'M':~¡:Y :fS);;'¡:,~D2.8}Z5;S:"'~:~:4!922100 .~ .;76 LF $ 15.75 $ Ijj~ ..·.¡"¡;¿"·:~'."'Æk..,"cfii1'11..'..5'·'.'}""''''· " ... " ;'~-;,;,i):<f+,__-_,:.!;.r;~¡¡:0'·~m",,".">:i' w" ,";4. _.'t';¡.?Y!'!: - " _ . -'885 LF $ 10.44 $ (19,679.40) ..';~:t:: :!i,~¡!$\1,i'Jò';1U.'1M~;i):$';"·':;/"5;01¡r;1!Ø". (INCLUDE IN HEAD PRICING) (SPRINKLERS & BUBBLERS) Ea. S 175.00 Si -92 Ea $ 6250 $ (5,75000) -55 Ea $ 75.00 $ (4, '25"00) Ea $ 70.00 $ t Agenda ItemNo. 1684 April 12,2005 Page 10 of 11 1. 3" ISOIIdidI'I Q8te V8MI WIU1 nòIHi8Ing 8I8m,n ftIIngedcønlM!CÖQl1f' 15 LRNeIIOn 7644. 1*Q\lIckC04.l )lIng\lØlve.1ri$18II8d WIIhIn jumÞo tIOI< 1. LR ~1ICII'I1841 QUlçkcpup6ng vaiIMkeylltldawtvel ell. 1 per Q:C. vaIvee 1'1 Toro 220-227-«.5. 1.25" 22fj SerieS 8IuIEIec:\riC $OIenOId V8ivewlth preeeIn re¡¡uIatDr. IncIUcIe .1.28 Rfìd WhiII·2OCS .SttiI8Ito1etion \IIMI. I~ øømbIO.uon uriltlWlthlnaJUnlbo .~\'.Io)( 18. TQRlIi7QZ.PA)(.12P;TOIQ ~70 PRXSerlllJ1.2'~ P()JH.IPsþr8yÞNd bodý WIU1I~~œguIItor and X·1 ow Ihut-oIfdevlce. Raftrto plan1of'patt1j'mi& n(IZZII rengel. {eTm 67OZ-PRX..oeP. Toro 670 PRX.SadØ 1'Z' High Popoup l :II11yhaad .1:Iody with In'l1.... :II11..ure AlgUI~ Ref8tto plallfor patIam$& nozzteral1Qll. 2Q TQRI XP3OO-12P-XXX.xx. XP-3OQ. s.nea 12" high pQP'\Ip rnu~m rotor haad.8lid X-1Ic7oY &hut oft devIœ. Referto iletl.1or pa\tlNnl & nœzle ~. 21 Toro~34XX·12P.xxx.xx.~-340.StlrteII1 'Z'clll¡jlpo HJP rnu~rQIoI' n.ødlltld X.ftow~ol[devIœ. Refet t<>pia"fot paUernl & nozzle renCJ4M. 22 ToroFe-1po..PC.1GPMQI'FB«I-PC.;I5QPM~re compenNÍtf/1Gumbrellatype buþÞier. óOZZIe!570rIQt.ZIe adaPIer. 1 per delnatedtn!e· ReftrIÞplaófcrtl'elle and f\owI dell,inatecl.6ubtllel' 1n l\al..ti9n.1I:> 1ndudltplplng. 2S Greeo. colOr retlactlve þ8V8ment ma!1Ier. To bt Irmalled top ~ c;urb. by contrac:lor 2.EJd8ting8le&ve lOcations(Hoully 1'818 to inClude tM1tabotel'BlInd one excavetor wlth·operator, :-1 23fi;00 $ 75,00 $ .g Ea. $ 35.00 $ C31S.oo} Ea. J 336.00 S Ea. $ 41.00 $ Ea. I 38.00 $ ea. I 110.00 S Ea. S 110.00 $ Ea. I ·25.00 $ Ea. I 8.25 $ Hra. S 70.00 $ ~ SectIon VI $ 2U\II;Ot MAR.29.2ØØ5 1:37PM 1\ "·L VILA & SON MIAMI ~&~a Ite~ ~cf. 1684 April 12, 2005 Pag~1 RSV 3-29-05_SCHEDUlE_Uvings1Ðn Ro8cI (PR-VSR) CONSTRUCTION AND CONTRACt TIME LINE SCHEDULE PROJECT:BId 04-3654J,NinostonloadPH(1'lneRJdge.VJR)PhJII-Mc:Gee LANDSCAPE IMPROVEMENT CON~¡TRUcnON DATE CERTAIN DATE: 9/T4/2004 DA11E: 11/16/2004 DATE: 314/.2005 DATE: 3/11/.2005 OAT!: 3/8/2005 DATE: 5/5/2005 DATE: 5/7/2005 ÞA'1'E: 5/8/200S DATE: 5/22/20OS DATE: 5/23/2005 DATE: S/26/2lJ06 DAYE: 616/2005 DATE; 716/200& DATE: 6/6/2006 DATE: 7/6/2006 APPROVED BY: :: ~~~ 3.. 2.c¡~o5 DATE: CONTRACT AND/OR CO ST UCTION ACßvntES CONTRACT I~WARD NOTICE TO F'ROCeED _. ..... 'þAY 6~ .. IRRIGATION SYSTEM SU5STANTIAL COMPLETION Worlång DQ]f$ _ _ß~! ~2~~- ~ . 'DAYS TO MAKESUBSTANTIALCOMPLETEOeS~VATlONS CREA iE O¡;S,ERV A TION PUNCH LIST FOR IRRIGATION SYSTEM ONLY .. .. .~~I.!~:!Oò ~~._ .:PROJECT SUßSTANTlAL COMPLETION OBSERVATION CREATE OB~,ERVATION PUNCH UST FOR ENTIRE PRO.IECT Calendar ÞI:J)IS ~,!,.~º-1:]!~... _ DAYS TO MAKE OBS ERVATf ON PUNCH LIST CORRECTIONS Calendar Df:JYs , . _ . DAJ: .. 7·1~. PROJECT FINAL COMPI.ETlON 08SERVATlON COLliER COUNTY, DESIGN P~OÆSSIONAL Calendar D !JYS ~ ~_.,._~~! 1~~·lß~. !flNALACCEPTAHCE NOTIFICATION COLLIER COUNTY, DESIGN PROFESSIONAL __._·_1iMº~IH~, ANNUAL W,t¡RRANTYOISERVAll0N '" ... ~_~~__ _ WARRANTY CORRECTIONS 8. NOTIFICATIONS WARRANTY ACCEfTANCE NOTlFlCA110N COLLIER CC)UNTY, DESIGN PROFESSIONAl TC-GA-B Agenda Item No. 1685 . April 12, 2005 Page 1 of 2 - EXECUTIVE SUMMARY Recommendation to approve a reimbursement to the State of Florida for overpayment of Fuel Taxes with associated interest and penalties for the months of August, September and October 2004 in the amount $12,699.32. OBJECTIVE: To receive approval ofa reimbursement to the State of Florida for overpayment of fuel taxes with associated interest and penalties for the months of August, September and October 2004 in the amount $12,699.32. CONSIDERATIONS: Collier County was erroneously reimbursed fuel taxes by the State of Florida during the months of August, September, and October 2004 for high sulfur diesel fuel not originally taxed and for taxed fuel sold to other government agencies. The Collier County Finance Office detected the errors during a routine audit of fuel taxes. Failure by the County to subtract high sulfur diesel from other off-road diesel usage and failure to subtract fuel sales to other government agencies led to the errors. The State has requested reimbursement of the overpayment with associated interest in the amount of $12,699.32. Although no apparent penalties will be assessed by the State, Board approval is requested to pay penalties if they are assessed at a future date. Safeguards have since been put in place to ensure these reporting errors do not reoccur. FISCAL IMPACT: A budget amendment is needed to transfer funds from the Transportation Services Fund (101) Reserves in the amount of $12,699.32 to reimburse the State of Florida for the overpayment. - GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendments to move $12,699.32 from the Transportation Services Fund (10 1) Reserves and authorize the reimbursement to the State of Flroida for the overpayment of the Fuel Taxes and associated interest and penalties. Prepared By: Sharon Newman, Accounting Supervisor, Transportation Services Division ~. .~--"-_......."..,,...,,-<-..'~ .- Agenda It om No. 1685 April 12. 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item summary 1665 Meeting Date Recommenda1ion to approv~ It reimburf,emen( to the Stð.te of Florida for overpayrnent of FIIt~t ¡:axes with as.sor.iaterJ intf!:rf!st ano penalHes for the months of August, S6ptember and Oclobcr 2004 in Ihe amounl $12,699.3: 4/12120059:00:00 AM Approved By Sharon Newman Accounting Super'o'iøor [>èlte Transport¡Uf1 Sp.fV¡ces. Trul!frur'tillIiDn AdminìlitriltÎClI'\ 3.,'30120052:50 PM Approved By 0"0 Croft FI(!C!'t M"I'Iilgr.mr.nt !)jmctor Pale Administrative Services Fleet Manag~ment 3/30/20054:24 PM Approved By Norm E. Feder, AIC.P Transportation Division Admìni&trator Date Tfiun:portion 5ervÎ<:c$ó Tr,'ff1$õport,¡¡tiol1.s(!tVic~5 AdmÎn )/30120056:26 PM Approved By Pat L.~h"hard EX~çl.lt¡v~ S~..:ret;trY D.11e rr"l'IsþUfbtion S¢rvices rum=öporto1!iol' Service ; Admi~ 3.131/20<1511:35 AM Approved By OMS COUld~tH.ltor Adrnini!>tr; llllJt! A$slsbnl: Qate c.ounty Managcr'$ Office Officc of M¡magem,m1 & Budget 4i112005 9:'1 [) AM Approved By Michael Smykow:dli Maru'Igemel1t.& Budgct Director Date County Manug¢'r'$ Otfic-l! Offiç:e of Managernent & Budget ~11f2005 12:30 PM Approved By Jame$ V, Mudd Courlty Manager Date Board of County Cotnmi",sio!l(!r$ County M.nager·~ Office 4121Z()05 1 :56 PM Agenda Item No. 16B6 April 12, 2005 Page 1 of 2 - EXECUTIVESU~RY Recommendation to approve the piggybacking of the City of West Palm Beach contract to purchase laid-in-place Polymer Modified Cold Mix Paving (Micro-Surfacing) for Road and Bridge Maintenance. Amount estimated to be $1,100,000. OBJECTIVE: To provide a cost effective alternative that will subsidize the County's Annual Overlay Program. CONSIDERATIONS: Micro-Surlacing is a Polymer Modified Cold Mix Paving System formulated to remedy a broad range of problems on today's streets. 1. Life expectancy of seven (7) to ten (10) years. 2. Environmentally safe, cold application emits no pollutants. 3. Applied with continuous load pavers to minimize traffic delays. 4. Eliminates hydroplaning and increases skid resistance. 5. More resistant to J1ltting and shoving in comparison to traditional milling and overlay. Micro-Surfacing is a less expensive way of overcoming smfacing Ì1Tegularities that occur in pavement as a result of traffic, weather and aging compared to conventional milling and overlay. ,.-. Because Micro-Surfacing can be effectively applied to most smfaces at 3/8 inch or less, more area per ton of mix is covered, resulting in cost-effective resurfacing. Staff requests Board approval for the piggybacking onto the City of West Palm Beach Bid No. 03/04-06 in order to purchase laid-in-place Polymer Modified Cold Mix Paving (Micro- Surfacing). FISCAL IMPACT: Funding wi11 come from the MSTD General Fund (111) in the approximate amount of $1,100,000. Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board approves the piggybacking of the City of West Palm Beach Bid No. 03/04-06 with Florida Highway Products for the purchase of laid-in-place Polymer Modified Cold Mix Paving (Micro-Surfacing) for Road and Bridge Maintenance. Prepared by: Anthony Rex Wiggins, Supervisor of Road Maintenance Contracts and Projects ,"-' item Number Item Summary Meeting Date Agcoda Item No. 1686 April 12. 2005 Pa[¡e 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B6 R~commel1d3'iDn 10 approve the piggybacking of thp. City of Wes1 Palm Beach contract to plJrChl!5e laid in place Polymer Modified Cold Mix Pavir)Q (Micro-Surfacing) for Road and 8ridg~ Maintenance amoul1t estim8ted lv be $1.100,000. 4112;20059:00:00 AM Anthony R. Wiggins Superviaor- Contr3ctli &. Projedti 3/29120056:22:17 AM Prepared By TraflllPQrUQI\ Sl:!rvicßII Date Road Mnilltetlõlt!(:e Approved By Johf1 V jc1 Tnn5þoroon ServiclJt. Roads M3inU!l1unct! Sl.Iperlntcmd:ilI'1 Date Road Mainten3n<:e 3/29/20Q5 ·10:40 AM Rookmln t.Jallth Accounting T eclmìci3t1 Date Approved By Transportion Sc-n¡ices Transport"tion .Administration 3/29/200510:49 AM Brenda BrilhMt Purchasing Agent Da" Approved By Adrninl.tratlve S@rviCES Purchutllng 3/30/;200511 :34 AM Sharon Newman Ac(.:\)unting Supervisof Oate Approved By Tr.ansporl:iDf'Sftr"ir.:Cfi Tr.lnliport<rtìon Administration 31301200S 4:00 PM Trall'$portatlon Division Administrator Date Approved By Norm E, Fed(!r, A~CP Trah!f.pnttlon Slnvt(;~:J TrElt1!Jpot'tlal'ion SC!rv!cr.s AdmIn. 3'30/20056,25 PM Sh~lIf! CII.rf1f!1I Plltc:tI;þ.~¡l'gIGe'H!"tal S"I:S O¡r",~tor Date Approved By AdminÏ'litrstive Servic-e$ Purchasing ~1f2005 7:55 AM Approved By Pat Lehnharrl Exeçutìve Secretary Da" Tr.111l1portmion Se,vicl!tI Tr¡)n~portiltlc fl Scrvic't!S Admin "'1t20û5 9:'Z7 AM Approved By AdTI'!nititrntìv~ Ä$ô'$lstómt Oilt~ OMS Coorrlin31( ( County Mal'\!lgel'''' Office Office I)f Management & Budget 4/1n00512:DO PM Mark iSi2Icksol\ BIJd\ e1 AMIY!lt Date Approved By County Mllnager's Office Office of Manage-men, & Budget 41.412Q05 8:51 AM Micha,,1 Smylwwski Mnnagemcllt & Budget Dire[;tor D8t~ Approved By COIJnty Ma( <Jg:er'~ ortic~ Offk~ of Managfln1ent & Budget 4.I4/20U5 5:10 PM C(Junty Manager Date Approved By Jumt!i! V. Mudd Board of COIJnty Commissioners County ManA9I11r'. OffIci!! 414t2005 8:20 PM Agenda Item No. 1687 April 12, 2005 Page 1 of 5 -,,- EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement with The School District of Collier County, Florida, whereby Collier County agrees to fund one half of the total design and construction costs, not to exceed $1.3 million, for a vehicular bridge linking Tropicana Boulevard to Golden Gate High School, and allocate $200,000 of reserved funds for traffic calming and turn-lane improvements in Golden Gate City. OBJECTIVE: To obtain BCC approval of an Interlocal Agreement with The School District of Collier County, Florida, whereby the County agrees to fund one half of the total design and construction costs, not to exceed $1.3 million, for a vehicular bridge linking Tropicana Boulevard to Golden Gate High School. _. CONSIDERA TIONS: The County's Parks and Recreation Department and the School District initially conceived this project as a pedestIian bridge between 32ud Avenue SW and the new Golden Gate High School. Neighborhood concerns prompted an evaluation study from which several alternative bridge concepts were proposed to the BCC and the School District. After reviewing this study and staff presenta60ns by both the County and the School District, the BCC voted unanimously to fund half of the design and construction costs for a vehicular bridge linking Tropicana Blvd. to Golden Gate High School, on the conditions that (1) funding for the bridge not exceed $1,300,000; (2) that $200,000 of reserved funding for this project be set aside for traffic calming and turn-lane improvements in Golden Gate City; and (3) that the blidge be open to traffic 45 minutes before through 15 minutes after the school opens for any activity, and 15 minutes before through 45 minutes after the school closes for any activity. FISCAL IMPACT: The BCC previously programmed $1.5 million in the FY 2005 Budget to fund this project. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA TION: That the BCC approve, and authorize its Chairman to sign the Inter10cal Agreement with The School District of Colljer County, Florida, a copy of which is attached. PREPARED BY: Jeffrey A. Klatzkow, Assistant County Attorney ",...... Agenda Item No. 1687 Aprl112. 2005 Page 2 of 1;; COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 1687 Recommendaticn 10 approve an Interloc&1 Agreernel't with The SeJ1001 District of Collier County, Florida, whereby Cottier County agrees to fund one half of the total design and consllUGtion costs, nol to exceed $1.3 million, lor a \lÐhicular bridg~ hnking Tropicana BOIJI¡:;VéHr.110 Golder¡ Gale High School, :Inri allo(';ate $200,000 of re5erved ftmrts for traffic calming .arid tum·lane improvements in GnJd'w Gat.e City 4f12.l2005 9:00:00 AM Item Number ttørn Summary Approved By Norrn E. Feder. AICP Trall!.iporwtion D¡'itl~Qn Admmlstl"Ì ,r Oa1~ Tr31l1.portlon Servíce_'S Trans.portatiol'l Services Admin 3r29(2005 2:5U PM Approved By Sharon Newma!'l ACl:.ounting Sup~t...í8or Do'" TfDI'HsportlnrJ 5ervh:e!J Trlln!lportali[)f Adrninistratlon 3(30/2005 3:54 PM Approved By Donald l.. $cott TranlipOltalion Planning Ditflctor D"I:~ Tran.portiol1 Services Transportation Planning .4J1I2oo510:51 AM Approved By Pat lehnhard Executive Sccre-tarv Date Tr<ln-sportatton Servic(!'5 TriJnSport'ltion Services Admin 411/2005 10;52 AM Approved By OMS Coordhulor Administrative A"$I$tnnt DatI:' County Manager'" Office Office ot Man.agelnel\t & BUdge1 4/1/200512:04 PM Approved By Mark. !ti;\CK$On Budget AMIYlSt D.att! County Mnnagcr's Qffir.e Office of M~milgll'_ml!'nt & Budge't: 414120Q5 9:16 AM Approved By Michae! Smykowski Management & Bodget Director Date CO\Int)' Man8ger'!I Offiœ Office 0' Man,lgement " !Judget 4/512005 10:32 AM Approved By JurrH~$ó V. Mudd Ctlunty Managl!!r Date Baud of County COlTlnlìssltmers County Manager's Office 4f5f;'!005 7:30 PM Agenda Item No. 1687 April 12. 2005 Page 3 of 5 INTERLOCAL AGREEMENT TROPICANA BRIDGE THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this _ day of April, 2005, by and between THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA, a public agency of the State of Florida, hereinafter referred to as "District," and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." R E C I TAL S: WHEREAS, a pedestrian bridge between 32nd Avenue SW and Golden Gate High School (which would also provide a connection to the County's linear park south of the canal) was jointly planned between County's Parks and Recreation Department and the District; and WHEREAS, County has programmed $1.5 million for the construction a vehicular bridge linking Tropicana Blvd. to the Golden Gate High School (the "Project") in FY 2005 pending a detemIination by the Collier County Board of County Commissioners as to what participation, if any, the County would have in this project; and WHEREAS, concerns from the neighborhood caused an evaluation study which proposed four alternatives; and WHEREAS, after reviewing the study and presentations of staffs for both the County and the District at their December 14, 2004 Regular Meeting, the Collier County Board of County Commissioners voted unanimously to provide up to $ 1 ,300,000 in funding for the Project, based on certain conditions set forth below; and WHEREAS, on February 3, 2005, the District approved the project; and WHEREAS, after careful consideration and duly held public hearings on this matter by both the County and District, the County and District have found that: (a) This Agreement furthers the public purpose of the District and the County, the taxpayers, local property owners and residents, both present and future, and the Collier County community as a whole; and (b) The public will reap significant advantages associated with and emanating trom this Agreement. WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($ 1 0.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Page 1 of3 Agenda Item No. 1687 April 12, 2005 Page 4 of 5 2. Statutes. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida 3. The parties have entered into this Agreement in good faith and covenant to cooperate with each other in order to fulfill the intent of this Agreement so as to better serve the residents of Co llier County. 4. District will be fully responsible to manage the Project to completion. County's obligation to the Project is limited to funding and associated County permits, set forth below. 5. County agrees to provide District with half of the total design and construction costs, up to $1.3 million. This funding will be paid to the District within 90 days from an approved and awarded Construction Contract. As a means of illustration only, should total design and construction costs total $2.5 million, County will contribute the total sum of $1.25 million. 6. District agrees that in consideration of the County's monetary participation in this Project, that the bridge will be open to school traffic no less than 45 minutes before the school opens through 15 minutes after the school opens for any activity, and 15 minutes before the school closes through 45 minutes after the school closes for any activity. District agrees that it will obtain approval from the Board of County Commissioners for any non-temporary variance to this provision prior to any diminution of this time period. 7. The bridge contemplated by this Agreement is to be owned and maintained by the District. To the extent permitted by law, District will indemnify and hold County harmless from all claims concerning this bridge. 8. This Agreement may only be amended or terminated by the parties hereto upon mutual written agreement. 9. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. District shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to District upon request. 10. In the event of a dispute under this Agreement, the parties shall mediate using the services of a Twentieth Judicial Circuit panel mediator. If mediation does not resolve the dispute, either party shall have the right to file an action at law or in equity, as appropriate, in the Circuit Court. The right to litigate shall be considered cumulative to any other remedy available to the parties for the enforcement of this Agreement. Page 2 of3 Agenda Item No. 1687 April 12, 2005 Page 5 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, effective as of the date first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA, By: , Deputy Clerk By: FRED W. COYLE, Chairman Attest: THE SCHOOL DISTRlCT OF COLLIER COUNTY, FLORIDA Raymond J. Baker, Superintendent By: Patricia J. Carroll Chairman, Collier County School Board Approved as to form and legal sufficiency. Approved as to form and legal sufficiency. Jeffrey A. Klatzkow Assistant County Attorney Richard W. Withers School Board Attorney Page 3 of3 Agenda Item No. 1688 April 12, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Bid #05-3793, Immokalee Phase 2-B Sidewalk Installation and Refurbishment in the amount of $279,821.90 to Douglas N. Higgins, Inc. including a five (5) percent Contingency. The sidewalk segments will be connecting to S.R.29 between First Street and Ninth Street. OBJECTIVE: To obtain Board approval for the award of Bid #05-3793, lmmokalee Phase 2-B Sidewalk Installation and Refurbishment in the amount of $279,821.90 to Douglas N. Higgins, Inc. and a five percent (5%) contingency. CONSIDERATIONS: 1. On February II, 2005, the Purchasing Department sent notices to 241 Vendors for the Immokalee Phase 2-B Sidewalk Installation and Refurbishment. The sidewalk segments are shown on the attachment and will be connecting to the existing sidewalks on S.R. 29 between First Street and Ninth Street in Immokalee. 2. On February 25, 2005, a non-mandatory pre-bid meeting was held to explain the contract specifications and answer any questions that the prospective bidders may have. _. 3. On March 10,2005, seven (7) Bid Packets were opened. Staff reviewed the Unit Pricing as shown on the Bid Tab, and Douglas N. Higgins, Inc. submitted the lowest bid. Since the bid opening, County staff has met with a representative of the firm Douglas N. Higgins, Inc. to further review the firm's bid submittal and the firm has indicated that they will be able to successfully fulfill the contract requirements at the prices indicated on the Tab Sheet. 4. Staff recommends award of the bid to Douglas N. Higgins, Inc. as the lowest, most qualified, and responsive bidder. 5. The Immokalee Beautification MSTU met on March 16,2005 and approved the amount submitted by the low bidder, plus a five percent (5%) contingency. FISCAL IMPACT: Funds in the amount of $293,813, which includes a 5% contingency of $13,991.10 are available in the Immokalee MSTU Fund (156) under Project 66072. Upon completion of this project FDOT will reimburse the MSTU up to $195,706 under their current LAP Agre-ement. GROWTH MANAGEMENT IMP ACT: There will be no growth management impact associated with this item. RECOMMENDATION: That the Board award Bid #05-3793, Immokalee Phase 2-B Sidewalk Installation and Refurbishment in the amount of $293,813 to Douglas N. Higgins, Inc. including an additional five percent (5%) project contingency and authorize the Chairman to execute the standard contract after review and approval by the County Attorney's Office. __ Prepared by: Val Prince, Project Manager A TM Attachments: Bid Tab, Immokalee Beautification MSTU Minutes of March 16, 2005, Site Location Aerial Map Item Number Item Summary Meeting Date Agenda Item No. 16B8 April 12. 2005 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1686 Recommendation to approve Bid #OS~3793, Immokalee Phase 2~8 Sidewalk !nstallation and Refurbi5hment in the amount of $279,921.90 to Douglas N. Higgins, Inr:. including 8 fivE' (5) percent Contingency. Th6 sidewalk segments wiU bE; çmmectlng to S.R.29 between Fus! Street and Ninth Street 41121200; 9:0000 AM Prepared By Op'JtQUon!. Coorditlatcr 3./)0/20055:01:22 PM TC$õ$k SU!nry Transportlon ServÎceii Date Traffic Opera:tiol1s.1 ATM Approved By (·'roject Manager Date Val Princ~ Tumsportlon SC'tvìces Traffic Optlrations/ ATM 3/3112005 4:4e: PM Norm E. Fed/?'f, AICP Trans.portatiot1 Division Administrator Date Approved By 1"ratlaportiol1 Serviceto lran~portatlun Selvices. Admin. 4,1120U5 "7:45 AM Project Mauager 0... Approved By Darryl Richald Tran$portiot'l Servicl!s TraL1sport<rtion Operatiom. 4/11200:& S::2Û AM Approved By Purchasing Agent Date Brenda Brilhart Admiol:¡tr,:¡liv(: $(!fvicp.1I Pun:ha!õil"lg 4!1/2005 1$:46 AM S1(>:1t1! Caron!! PUu;h.:a5ing/Ol!'nc(al 5\1(:$ Olrei::tor D:atr. Approved By Admini:S'trative 5~rvic.e6 flurchaging ....11120U5 10:21 AM Diane B. Flagg Oute Approved By Tun5þortion Services Qirector of Alternative T,ansportation Mod~ ATM Olr~Gtor Alt~rt'lat¡~e Transportation Mode& 4111200510:36 AM Sharon NewnlMh Ac.counting Supendsor Date Approved By ·r ran!>fxHtion S~tvice~ TtumõpotbfiOIl Adm¡ni~tl'a1:lcln 4111200511:08 AM Pat lehl1h:ud E:«ec:u1ive Secretllry Date Approved By Tran$portativn Services Transpvrtation Sef'Vice5 Admin 411/200511 :09 AM Approved By Administrative ASfjÎ5tant Date OMB CoordirhJtor CCl\lnty Mann9~r'5 Offic:e Offk~ at Man,lgr.ment & B\ldgifll "/112005 '2:24 PM Mark IS;l<:kfiOl'l ßurigd Ar ~ Y$1 D;¡t~ Approved By County MMM;!Iger's Office Office 01 Managemel\t & Budget 4/41200510:09 AM Approved By Michael SmykowskJ County MQn.agcr's. Office Mansgement & Budget Director Date Office of Management & BUdget 414120054:39 PM J ames V, Mudd county Manager Date Approved By Board of County Commì'3iQn~r5 County Mannger'! : O['tiC:1t 4/6(2005 3:32 PM Agenda Item No. 1688 April 12, 2005 Page 3 of 7 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Minutes March 16. 2005 I. Meeting was called to order by Chairman Sharon Tims at 4:46 PM. II. ATTENDANCE: Members: Sharon Tims, Rita Avalos (Absent), Cherryl Thomas, Dorcus Howard, Bernardo Barnhart (Excused) County: Darryl Richard-Project Mgr., Liz DeLeon-MSTU Coordinator Others: Robert Kindelan-CLM, Mike McGee-McGee & Assoc., Sue Chapin- Manpower Services III. APPROVAL OF AGENDA Dorcas Howard moved to approve the Agenda as presented. Second by Cherryl Thomas. Carried unanimously 3-0. IV. APPROVAL OF MINUTES: February 16,2005 Dorcas Howard moved to approve the minutes of February 16,2005. Second by Cherryl Thomas. Carried unanimously 3-0. V. TRANSPORTATION SERVICES REPORT: A. Budget - Liz DeLeon · Budget was distributed and various line items discussed. (Attached) · Traffic Accident monies have been collected. · A copy of next years Budget was also distributed and can be discussed at next month's meeting. VI. TRANSPORTATION MAINTENANCE REPORT: A. Report - Robert Kindelan/CLM · Normal Maintenance · Finished repairs on the brick pavers · Accident at the Triangle - 2 trees were damaged and will be replaced · Will fill in planters with plant material · 6 tons of sand taken off the roadways after rains - needs addressing VII. LANDSCAPE ARCHITECTS REPORT: · Additional trimming on oaks (Canopy) & tip the crepe myrtles · Brick façade will go for bids · Will get schedule for Phase IV A. Sidewalk Project Report - Mike McGee · The bids were from $426,000 to 283,076. Have approved $226,732.39 plus 10% contingency. Difference ofapprox. $30,000. If the Committee wants to go forward without any delays, they need to go forward with the low bid (or) re-bid due to no monies budgeted. · A lengthy discussion pursued on what avenue to take with the bids. Agenda Item No. 1688 April 12, 2005 Page 4 of 7 Cherryl moved to approve a budget amount over the $195,000 bringing it to a total of $283,076.90 plus 5% contingency along with the ability to "value engineer" the project and contacting the State in regards for additional grant monies to be added to the $195,000. Second by Dorcas Howard. Carried unanimously 3-0. VIII. OLD BUSINESS: A. Code Enforcement Issues - Cristina Perez · RCMA Parking under control · Issuing citations for vehicles parking in right-of-way ($30) · Focusing on parking in Fire Lanes & Handicap spaces · Focusing on keeping main street clean and posted signs in the right-of- way IX. NEW BUSINESS A. Review of State and/or County plans - Darryl Richard Processing the Purchase Orders. No plans to present at this time. Mr. Richard recommended they approve the $76,944 for design services. .- Cherryl Thomas moved to approve the $76,944 for design services for phase IV. Second by Sharon Tims. Carried unanimously 3-0. B. Master Plan Committee Report - Bernado Barnhart Not in attendance. It was suggested to check with Bob Tipton on coordinating the color. x. PUBLIC COMMENT - None XI. There being no further business to come before the Committee, it adjourned at 5:30 P.M. - PLEASE NOTE The next meeting is scheduled for Wednesday, April 20, 2005 4:00 PM, At the Immokalee Community Park 321 First Street South, Immokalee, FL 2 -§~ ~~~ :;z¡ T/}f Q') _-<11 ro ~,.. a.. ~i ro "0 c (\) Q') « :::E I- ~ en C- o ~~ e~ 1:::..: en_ æ i?:' ¡::'" f!.§ c: '" æ~ - '" ~~ i..: 0) '" c: 0). '" en æ~ :::E (j ,!II., e "- ë '" E .c en =ë .2 '" cr: '" c: .. c: ,2 !! ]j en .5 "" 'iii «>~ ~.., goo "'aJ ~'" 'ë' * "-.c ",,,-,,, ---.., <u Q 9:!~ "'- "'''' o .. ùE'" ã:;.Ë.5 0> ,5 (;j ~~ Æ~ '0 z c: en-_ ., en "(;),5 ::>0> 00> OJ: en '" en ~'C: =e- ., '" ::>- O¡jj o en.5 c: _ o en <f 2! o!I 'C: ., e- 0'" ã:ë o .5 .,; en '" c: o m 0> ~ , e u _ c: c:- 8 .~- ñilij ~.g o C- U<f '" .., b ' 5~ u- '" ,,0> ., <II '" c: ~ .~ EO 0" :r: c: '" z o ¡: D. -I~I/)<f It: 0 (,) Z (/)1-0 W-aJ QI-UJ frlu -,z 0« a::::E o..cr: ..JO iH: wUJ z"- Wo!l ClI- cz -UJ m:::E w>- 1/)« ¡ã"- ...: ~~ ii gg ...... 00 00 dci 00 00 ri", ...... 88 1l'.Îu; ~~ C')-t"i ...... ~~ (f')c? "'''' ........ ClJ-a:i ...... "'''' "'''' ~~ ........ M-cri ...... 00 00 cd 00 '" '" uSa:i ...... 00 00 00 00 00 IÔLÕ ...... u:il~ I¿¡;; êñ8 0_ u.!!! _ 0 "ë I- ::;) "'''' '" '" ma.i ß~_ NÑ ...... 00 00 dd 00 00 air:ò ...... 00 00 00 '" '" .... .... ",aõ ...... 00 00 ód 00 "'''' ...... 00 "'''' :!:! cD", "'''' ...... 00 00 00 00 00 LC"iui "'''' ...... 00 00 cici 00 "'''' of a>- ...... u:i- .J(¡j 1;;8 0_ u., =2~ ::;) u ¡¡: 0.. ~ I- 0.. o UJ ü z ~ UJ I- Z ~ .; u o o (j e 'E o u I~ c: ï;¡ 'E ï;¡ :::E o!I '" " '5 e "- <f z :.'.j "- I- ...: 5 m ø « ........ "'''' Me.; ........ '" '" ........ ... ... 00 00 00 88 .... .... ...... 00 00 uil.t:Î ........ "'''' a) a) ...... 88 00 00 '" '" ÑC'\I~ ...... ~~8 (f)Mo:) "''''''' --0 m- 0)- ai .... ......... 888 ggg 000 òo-oo __N ......... 000 '" "'''' NNN "''''- 00'" -.;f.q-'li ~-.... ......... 88~ oOM 00'" 00'" I.{) L()- CD~ --'" ......... "'''' "'''' LÒui :;:; C")-M "'''' '" '" '" -_'" !!ia:iri <ò~¡g .--.¢,...: '" ...... ......... 00 00 00 00 '" "'- -- ...... 00 00 gg 00 N~Ñ ...... u:i- ¿ø 08 0_ u ., ~~ ::;) 0"'""~ 1== ~:8 ~ :: m:.: U., ,¡:~¡ ::;) S .... ::> m E ::> E '~ E " :ë 1ii s¡ Õ ;f. '" z o ¡::: ;:j :::¡ ã5 o :::E 000 000 occi 000 00.... ;;i;;ii ......... 000 000 000 000 "''''- riMo- -- '" ......... o!I ...: Õ m C!)Z Z ;!;o o ~¡::: I- x:.'.j ~ UJ..J .... ...:~ 0.. :;<f W OZ a: ",- 0.. ¡jj~ ~ cr:;:¡! ¡¡¡ 0~ ::ï zo o ã5¡¡; i:!j ~cr: Q II:0 w..JC!)~ !:;JjoðO ~~~¡::: -1/)-« m_cr:t¡j wc~C!) ~Q...:w m::iü> - "'''' 00 (1')(1') "'''' NÑ ...... 88 dci 8~ a:i~ ...... 00 00 gg 00 U')~ (Q~ -'" ...... 00 00 c:id 8~ lÒai _N ...... ....'" "'0 Lricci "'''' "'''' (",)-C'''',- "'.... ...... 00 00 dd 010 00 lÒai -'" ...... ....'" "'''' NN ....0 "'''' Lriai -'" ...... o~ ,~ ' ';;I~ en_ o en üO _ü §]j ~ ¡:¡~ C"icó ~ aõ ...... 88 <Ó~ .... :;!: ...... '" 10 "'.... U)cD '" '" 10 - ...... 88 c»~ '" Ñ '" ...... -'" ....'" ""';cxi '" '" '" ...... 00 00 ujui '" .... ....- Cõ ...... 00 ....'" CÒM '" "l N ...... >~ w~ ~~ ~ü '216 ::;)- ~ w <f ~ oil I- Z UJ :::E w ::t "- I- ~ "- <f « UJ 6 :::E UJ cr: ~~8 MON "'10'" "'''' Ò '" ......... 000 000 c:ic:i¡' '" '" .... o '" ......... 00'" "''''''' ~¡;;:ß "'''' ~ ......... 000 000 ~I(j¡g "'.... o '" ......... "''''''' 0....'" ~~¡;; -0'" "'..¡ '" ......... 000 000 ddLri 10"'.... ....'" Ò '" ......... 00'" 00'" 1.Ò.n",,; "''''''' "'.... ò '" I- Z w :::E UJ ::t "- ð z ã5 cr: ::;) u W I- UJ cr: ü z o ü UJ > o :::E w II: ......... > In.. uj:~ ~8~ ~]jðj '¡: ~ ¡ ::;) 0 :;; ::> VI , .... o!I ¡j Z o ü ... ~ ...: ~ W c :.:- a:<f OW ;=t¡j we: I-ü wz a:o Uü Zo Ow_ Uü~ ccr:ü -00 IIILL-cr: wZUJ ~¡¡;~ me:...: - "'''' '" '" N""; "'- '" <Ii '" ...... I 88 c:ig ........ '" '" o o ai '" ... 00 00 I.Òlri "'.... '" ~ ...... 00 00 lriu-) "'.... ....- § ...... 00 10'" ~.....: ....'" '" ,.:- '" ...... 00 00 ¡;j* Iii '" ...... 00 00 ..nLri ....'" o ri '" ... .. ~ u:i ø o ü '" c: ::;) I~~ $~ .... '" ...... 88 gg 10 ,.:- .... ...... "'0 "'''' 0"": 10'" '" 6 .... ...... 88 NO ....¡::¡ ",- '" ...... f58 "":t.Ò "'~ .... ~ ...... ~ u:i ø o ü '¡: ::;) ~ "- w o I~ ~ ...: ~ w o ¡¡; W I- W II: U Z o ü o w ü II: o LL- Z ¡¡; II: <f I- ::;) o Z cr: F >- ~ w ~ cr: o ¡!! UJ II: ü Z o ü c ~£ cr:1- 0,,- o..w ZO ¡¡;, cr:1~ C!;¡i!¡ 0;"': "'~ Ò .... ...... 88 gê '" '" ...... 00 00 ~g '" ri '" ...... 00 00 00 "'''' 01 ..¡ '" ...... "'''' 0.... N~ "'''' '" Ñ ...... 88 ~~ t ...... ¡;:j(Z cx:icx:i "'- .... Ñ '" ...... '''' >-", u:i'" I~ tñ 00 üU '2~ ::;)1- ~~ O(f] "'I'- '" o ...... 00 00 lrio "'''' '" .... ...... 10 0 ....'" o:)N _'" '" ai' ...... 00 00 I(jg .... Ñ ...... 00 _0 .;..,.:. -'" ...... 00 00 eôci '" '" '" ai ...... ¡.. w "- ~ I- o o I~ II: w ~ ::;) C!) oil CD II: ::;) ü ¡!! w e: U z o ü .... "'0 "'0 ~~ '" ,.:- ...... '0 0.._ ...,j", ëñîñ o 0 üü :=:7ã c_ ::;)~ "'''' "'.... "':a.i "'.... '" ",- ...... 00 00 IriI.Ò ...'" '" Iii ...... 00 "'''' NN "'''' '" Ñ ...... 00 00 a.r:i..n N'" M ri ...... "'''' ....'" r.ô"",: -~ Ñ ...... 00 00 cò~ "'''' o Iii ...... "'10 .... .... O:;Cf'i -'" .... Ñ ...... '''' u.,,,, Idl~ ëñ1ñ o 0 üü '2]j ::;) 0 I- <f o z w w e: ;S 0.. <0 cr: UJ ~ ::;) C!) o!I m II: , ::;)LL- ü' WW 1-0- w~ cr:1- üo ~o ül~ '" õ o;;¡,~t-- ~æo "'«it-- ~~g !t18: ~.t ro "0 c: ( ) OJ ~ ë Q E .<;; '" :ë .2 Q CI: "" c: '" c: .Q :ffi ñi 1ií E -'" ñi ;¡: <0 Q ~"" goo O>ID 130:, .~ ~ ~ '" "-.<;; """-,,, O>Q O ""4)0 ~~~ 00.. o E Q) iD.s6 :::; I- ~ C- O ~:g ~~ t::..: '" ~ æc:- ~ 2 g~ ~~ - Q ~~ L.: C'I Q) c: en :.= '" '" c: 0 "'''- :::; 13 Q) "2 "- IS ,~ ¡¡, CI: o ¡" ~ z o ¡:: o w UJ o z w o w CI: w I- :¡: W I- W CI: o z o u NN 0>0> ..¡...¡. NN '" '" ........0 "'''' 0 OO~ O>O>~ "'''' co co .... N .,. .. .... .,. 00 00 00 00 "'''' NÑ 000 000 doLO OON o 0 ~ M-MN~ co ~ tFJ.~ Wtfl6't 00 '" '" ~r---: ""'"" 0> 0> 000 00'" ariLriN ........N "'co <0 ~~oi '" ~ tA-EA- *'Þ-EA-~ 00 00 00 00 00 N-N- 000 000 000 OON '" '" '" ~--r--('f)- "" N Mfft Eß-6It~ .... .... ........ do NN "'''' <0"'.... NNO MMM """".... '" '" '" ~ '" ~ .. .. ...,. .. 00 00 00 00 0>0> 000 000 oocci 00"" "''''.... N Ñr-- o N .. .,. ...,. .. 00 00 00 "'''' "'''' 000> 00,"" dcid OON C') C"')....... ;;; ~ ~(ß- 6'tEA-6't oi~ w_ '" - 0 :go Oãi ~õ 51- CI:i"-= w-c: (ñ ~ .2 oüt) ü(ijCD ~I-õ~ ::J :! o E " UJ o N cJ:. o I- o o I':;; "- ::;; « CI: ID CI: ::J o W I- W CI: o z o o l? Z Ï o I- « "- èñ ::J o w z l?:5 z-' ~~ ,,-Ç!;> 1-:::; -'l? ~~ "-> 1/)« <c"- al-~ iii~~ w:r::r: 1/),,-1- £ã~~ :> ""00 NNO ""':o:im ""........ ~ NN ltill)- .,... '" 000 000 cicici ....00 coco N-N- .. '" '" 000 000 ocio "'00 00 c....r",j .. "'.. 000 000 cicio '""00 N.N. ~ ~ .. .. .. "'00 ....00 "":aja::i """'''' "tN. ~ ~ ...,. .,. 000 000 000 COOO NN MM- ...,. .. 000 000 000 000 ~OO -.:t-~ .,."'.,. ;>:~2i U)tñ5 ~8~ ()Cijcn ~;§~ ::J 0 E " I/) 6'ttlt ..,...,. >:~ :~Ie Vjiñ o 0 00 :::[6 c:- ::J 0 I- UJ z :5 "- z o o W I- « UJS2 -'0 <cz 1i:~ ~« «:r: :;:~ ww t:O I/) . 0'" WCl: -'W -'>- ~:5 ~= -0 aUJ m:r: wÇ!;> ~~ co"- :> 0> ~ N"" aiM ai .... ~ ~'" 0(":) .... 0> ,.: .. .. "'.,. 88 00 ~ 0> "" 0> 00 ""0> cid .... ° ~ fit..,. fh&lt ,",,0 "" co NN "'.... 0> 0> .. .. 00 00 cici "" 0 '" ....- 00 ~ co NO .... N ,.: .. .. 00 ~~ ~ N .... IÔ "''''0 ........0 ¡-":""':có co co co ........0 ~ ...,. '" 88§¡ ~ gg~ ~ OO"'lt co C"')- M- CD- CD "" .... N 6'tW fhElt Eß-6'tfh ..,. '" LO N .... cOcO '" co IÔ ~ '"" '"" 0> cia) '"" LO ~ 6'tb9- 6't~ '" 0 NO <Do o o. ~ "'.... ~N MN 0> .... Ò OON "''''.... NNM "''''''' ~ U') t-. N '" fhW Eß-(ß- E;A-fftfß- fh 00 00 00 ~O> '" 0> '" LO "'''' dcci 0> .... ",' N tIt~ (ß-tft 00 00 ""':0 '" 00 C!C! ~ CO .... .... ,..; 00'" 00'" dc:i"¡' 000> 00.... ÑÑå .... fß-f:II} Efl..,. f:II}tß-tß Efl .... '" "'.... ccio:i ~.... N .... ~ ....~ ~ '" OM .... 0> ,.: .. .,. .,. .. 00 00 cON ~o 0> cD '" '" '" '" or---: '" CO 0> "" .. .. .. .,. 00 '" '" McO ~ .... '" N "'CO N.... c:i.q: 0> Ñ ~ '" 0 NO mo LO CO .... 0> .. .. 00 00 dc::i ....0 .... cD .,..,. 00 00 ao '" 0 o ai :::~ .....:,...: '" ",' .. '" 00 00 NcO 0> '" ai .. .. 00 "'0 NO N <0 co' ........'" NN'" r--:,...:,...: 00.... 0. c. ex). ...-..-::;: "'.. .. 00'" 00'" OO..D '" '" ~ '" "'.... ò .... .. .. .. ooco OON 00""': 000> NN'" ....: ...-- c,or .... &"tEA- fhW £lt4R'(ß- ..,. u.;8 UJO> ai Vi.... 81n _ 0 ë= u ::J- '" Õ I- « I « ID l? Z is o o UJ ~~ UJ~ 1;;0 o 0 oU :!:::ro c:- ::J 0 I- w -' ID ;:: o W I- W o W :::; o o o w I- « U z ::JW C!:o 1-« w"- uC!: :5ª "-l? zZ ¡:z enCl: tH :r: I- o ~ u.; ~ ai.....:> I¿ v. L.U 1;; 5 iñl:: ~ (3 ~ 8~;¿üß~ =ë~5~~s ::J~w~ g I-C!: .0 o .;¡ >- a:: o z ::J o "- UJ 12 W l- e? l? Z ¡;; « ID :r: o I- « o <i o <i ¡" ~ o :::; C!: w :r: I- o :J o UJ W "- ¡r I- en o ¡¡: "- e? I- +- Co .... x <0 '" o ~ .... '" ,.: .... '" >->->->->->- .. >->->->->->- .... '" .. '" ° ~ '" N >->->->->-~ 0> N .. .... .... Ñ '" '" >->->-~>-~ 0> oj '" ,.: .... ..., >->->->->-~ .. '" ~ '" N o ",' N .... >->->->->->- .. '" 0> N '" '" ai '" N >->->->->-~ :> :r: l? ::;) o a:: J: I- ~-ë~~:riü :ë,fiEB:g< ~t'IJ.u~äJ¿ ~~.f!-Eõ-æ nJ1:JE 8 a;(J) IË § ~ -g g "5 "e W ¿, (f) .S! c: I~ :2 ~ Õ Õ3 ~ "eW.¡:: -)( ~ .!!~w ~ ~ :: -'" c: <J Q « E E .g¡ " '" -g Cñ Q "" "" « - I/) Z o ¡:: U w I/) a m w I/) « co ..J « l- e I- C N 1:: '" ~ à¡ '" "" c: ~ aJ Q;-'" -"'~ ~~ :r: '" ~~ -ec: '" 0 IDO .. c: ~ .~ .s Q) ~~ &-=: .§~ c:'" ON C:,..; 0" :::; - '" 0 8,g ê os; 13 :¡¡ Q '" ~13 o Q -0= "" Q) 1ß~ .~ ~ 1j~ .<;;.<;; '" ;¡: .0 0 "'= f-;"~ '" c: 00 C3'g ~~ ë I~ I~ c: ï:: ·11 o Agenda Item No. 1689 April 12, 2005 Page 1 of 9 .....-' EXECUTIVE SUMMARY Recommendation to adopt a resolution to urge the Florida Department of Transportation to make the necessary maintenance repairs consistent with the recent Bridge Inspection Reports on the S.S. Judge Jolley Bridge over Big Marco Pass and the presentation made at the March MPO meeting. OBJECTIVE: A recent bridge inspection report on the S.S Judge Jolley Bridge assigned a structural rating of 81 out of a possible 100 which is a good rating for a bridge that is now 36 years old. But this report did identify the need to perform maintenance to correct current scour problems around a portion of the piers on the bridge as well as the development of a cathodic protection system to arrest a corrosion problem in several locations experiencing reinforcing steel corrosion. A resolution urging FDOT action consistent with the District Secretary's presentation and commitment at the March MPO meeting is submitted for the Board's consideration in support of recent action by the Marco Island City Council that also requested FDOT assistance. - CONSIDERATION: On March 7, 2005 the Marco Island City Council was informed ofthe results of a Value Engineering Study that addressed the current condition of the S.S. Judge Jolley Bridge. The results of that study indicated that though the Bridge structural rating was good that there needed to be some maintenance done to address scour problems on some of the piers and cathodic protection in several areas experiencing reinforcing steel corrosion. The results of this study were also presented by the District Secretary at the March MPO meeting and at that meeting he noted that FDOT was working on a resolution to these issues. In response to the need for the maintenance, the City of Marco adopted a resolution at its March 21, 2005 meeting requesting FOOT funding to correct the existing deficiencies and to develop an ongoing maintenance program to maximize the life of the bridge. FISCAL IMPACT: The funding needs for these improvements have not been identified at this time. GROWTH MANAGEMENT: This action is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the resolution supporting Marco Island in its request of assistance by FDOT to resolve the existing deficiencies. Prepared by: Donald Scott, Transportation Planning Director Attachments: Marco Island Resolution; Letter from FDOT; Resolution - 1 Agend,' Item No. 1689 April 12. 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16BO Meeting Date Reçommendßtion to adopt a resolution to urge the Florida Depa.rtment of Transporta\ion to m::'Ike the necessary maintenance repairs r.on5i5\ent with the rI~cer¡t Brid{lFlll1s~ct¡Qn Reports on the $.S. Judge Jolley Bridge over Big Marco Pass and the prese1rrtslÌon made at the March MPO meeting. 4f12/20D5 9:00:00 AM Approved By Sharon !'Jc-WrfI<lrI Accounting Supcnlj$or Date Transportion Services Transporta1jon Administr3tìon .416120053".19 PM Approved By Nturn E. Feder, AICr Traf1: 1portatlcl'I Diviølon Adrntuilltrntor Dnte Tr;ans-porHon :'f':rvlcr.1i Trat1.portation Sarvice/& Admin, 416120053;23 PM Approved By Pal Lr.hnhnrd EX~~lt¡vr. S~r.rt!tar¥ Oa'te "Ttal'lsportation Serv¡t:~!I; fr.an¡¡portatiol\ Sl!!rvict!$O Adtrl~f1 4/61200.5 3:39 PM Approved By Jd'f K!uukow As:¡istant County Attotrlf'>Y Dale County Attorney County A.tto.rney Office 4f6f2~()S 3:58 PM Approved By Michael $mykowski Management.& Budget Director Date County Mau¡¡ger's OI'f'I(;ft Office of Managen'lent & Budget 4'6/20053:59 ÞM Approved By Jmnr.s V. Mùdd Coul1ty M:uHlgf!r D,lfI" Board 01 County Commi!.siotlr.r$ Cö\.mly M"nager'tJ ottictl 4J612005 4:07 PM _.___"0 Agenda Item No. 1689 April 12, 2005 Page 30f9 RESOLUTION 05- RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS URGING THE FLORIDA DEP ARTMENT OF TRANSPORTATION TO TAKE IMMEDIATE ACTION TO REPAIR THE SS JUDGE JOLLEY BRIDGE WHEREAS, the SS Judge Jolley Bridge on SR 951 is the primary link between mainland Collier County and Marco Island and is essential for the health, safety, and economic well-being of residents and visitors; and WHEREAS, the SS Judge Jolley Bridge was built in 1969 with a design capacity to carry 10,000 vehicles per day, while current annual traffic volumes exceed 30,000 vehicles per day; and WHEREAS, a Value Engineering Study was undertaken in August 2004 by Florida Department of Transportation (FOOT) team members and facilitated by Ventry Engineering, L.L.c.; and WHEREAS, the latest FOOT bridge inspection report identified some maintenance repairs that need to take place including scouring around the piers as well as several locations experiencing reinforcing steel corrosion; and NOW, THEREFORE BE IT RESOLVED by the Collier County Board of County Commissioners, that the Florida Department of Transportation is respectfully requested to prepare specifications to correct the scour problem and to install a cathodic protection system to arrest the corrosion problem and to develop a schedule of these improvements to be shared with the County and City of Marco Island along with an ongoing maintenance program to optimize the maximum useful life of the Bridge. Passed in open and regular session of the Collier County Board of County Commissioners, this 12th day of April, 2005. ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Dwight Brock, Clerk of Courts By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney Agenda Item No. 1689 April 12, 2005 Page 4 of 9 ,""'".._--'"",.',. ~ Florida Department of Transportation Agenda It~\ ÁP~H~ Page 5 ~ JEB BliSH GOVERNOR JOSE ABREU SECRETARY April 4, 2005 Honorable Mike Minozzj Councilman City of Marco Island 50 Bald Eagle Dr. Marco Island, FL 34145 RE: S. S. Judge Jolley Bridge SR 951 over Big Marco Pass ~ Dear Councilman Minozzi: This correspondence will confirm our conversation at the March 2005 Collier County MPO meeting as well as my report to the MPO Board. The most recent FOOT bridge inspection report for the 5.S. Jolley Bridge assigned a structural rating of 81 out of a possible 100. For a bridge constructed in 1969, this is a very good score. It is not classified as structurally deficient nor is it restricted to vehicles under a specified weigh limit. The report did identify problems related to scouring around a portion of the piers as well as several locations experiencing reinforcing steel corrosion. Both are routine maintenance concerns common to bridges subject to tidal flows in a salt water environment. The Department is currently preparing specifications to correct the scour problem and expects to begin work next month. Installation of cathodic protection to arrest corrosion will be funded next fiscal year. Overall, the bridge is in good physical condition and with common routine maintenance is expected to function safely for a minimum of another 20 years. More substantial rehabilitation efforts would increase its life to possibly 40 years. The repair and/or rehabilitation of the S. S. Jolley Bridge, of course, does not negate the necessity for four lanes of capacity either by retaining the existing structure and building a twin second structure, or building new structure(s) in place of the existing. The Department continues its evaluation of alternatives and will report our recommendations when complete. As we have discussed, District One 801 North Broadway Avenue*Post Office Box 1249'"Bartow, Florida 33831-1249 (863) 519-2201*(863) 534-7265 (Fax)*MS 1-1 www.dotstateJ!.us * PECI'CU;O PAPER Agenda Item No. 1689 April 12, 2005 Page 6 of9 Councilman Minozzi April 4, 2005 Page 2 since this project is not the MPO's highest priority, there is no way to predict when adequate State funding would be available, thus the resent MPO decision to perform a toll feasibility study. If I may ever be of further assistance, please don't hesitate to call. ("t-~~ '----Q M. Cann, P.E. District Secretary - cc: Mike Rippe Debbie Hunt Johnny Limbaugh Dick Combs ...._--~'" .-.., Ci 1£)7 of Marco Agenda Item No. 1689 April 12, 2005 Page 7 of 9 Island ;,>'!', March 24, 2005 Mr. Chuck Barmby, AICP, Director Collier Metropolitan Planning Organization Government Center, Building "F" 3301 Tamiami Trail East NapJes, Florida 34112 RECEIVED MAR 2 9 2005 frai1sponatioi1 Services Division Re: Repair of the S.S. Judge Jolley Bridge (SR 951) Dear Mr. Barmby: ~ On March 7, 2005 the Marco Island City Councìllearned of a Florida Department of Transportation Value Engineering Study of the S.S. Judge Jolley Bridge dated August 2-6, 2004. The Value Engineering Study addressed the current condition of the 5.5. Judge Jolley Bridge and the need to immediately perform repairs to ensure a safe and usable bridge. The Value Engineering Study was undertaken by FOOT team members and was facilitated by Ventry Engineering, L.L.C. The Study recommended substructure repairs, which include installing riprap, scour countermeasures, corrosion protection, scour monitoring cathodic protection, and pile encapsulation. The report recommended that FOOT make an evafuation regarding this bridge being scour critical and consider emergency funding based on the corrosion condition. Furthermore, the report revealed that emergency funding should be utilized to correct the condition that could cause the bridge to be "unstable and unusable" should a 100-year storm strike the Island and the bridge. Attached is a Resolution adopted by the Marco Island City Council on March 21 2005. The purpose of the Resolution is to urge the Florida Department of Transportation to take immediate action to repair the 5.5. Judge Jolley Bridge and to develop an ongoing maintenance program to ensure its maximum useful life. We consider this request to be of significant importance to the citizens of Marco Island and the many Florida residents who visit our community throughout the year. We want to make you aware of the existing conditions and our request that funds be made available for repair of critical bridge components. Your assistance În our endeavor is appreciated. Sincerely '1/ ~ ~/~ Vickie Kelber, Council Chairwoman I~ f VKlbaJ cc: City Council 2·1ðrc.J) I:d&11d" K~lù.f'ida ~(~;;,,41..i5 t2-:I9 ) 'j.y~:1.7 '\,..,.~~> r J f Y 1Þ f m i$. T' t' 1) i ,h ] .& n (1 .r::n Agenda Item No. 16B9 Aprìl 12, 2005 Page 8 of 9 RESOLUTION NO. 05-22 A RESOLUTION URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO TAKE IMMEDIATE ACTION TO REPAIR THE 5.5. JUDGE JOLLEY BRIDGE. WHEREAS, the 8.S. Judge Jolley Bridge on State Road 951 is the main corridor to Marco Island and is essential for the health, safety, and economic well-being of residents and visitors; and WHEREAS, the S.8. Judge Jolley Bridge was built in 1969 with a design capacity to carry 10,000 vehicles per day, while the current annual traffic volume exceeds 30,000 vehicles per day; and WHEREAS, a Value Engineering Study was undertaken in Augus{Þ 2004 by FDOT team members and facilitated by Ventry Engineering, L.L.C.; and WHEREAS. the Value Engineering Study incorporated four major components for the repair of the existing bridge, which are: 1. Scour countermeasures consisting of rubble riprap placed around 7 piers and fixed instrument scour monitoring devices. 2. Total Deck replacement and cross slope correction including new updated barriers. 3. Deck overhang (cantilever) extension that will allow for an 8' breakdown lane on the NB Structure. 4. Corrosion protection via cathodic protection; and WHEREAS, the Value Engineering Study referenced the "Jacobs Engineering Design Report" that recommended substructure repairs, which include installing r¡prap scour protection, scour monitoring cathodic protection, and pile encapsulation, and recommended that the FDOT make an evaluation regarding this bridge being scour critical and consider emergency funding based on the corrosion condition report by the State Materials Office dated June 2,2004; and WHEREAS, the FOOT design staff reviewed internal and external reports, and subsequently confirmed in discussions with City staff, their recommendations that emergency funding be utilized to correct the conditions that could cause the bridge to be "unstable and unusable" should a 100-year storm strike the island and the bridge. NOW, THEREFORE, BE IT RESOLVED BY THE MARCO ISLAND CITY COUNCIL IN COUNCIL DULY ASSEMBLED, that the Florida Department of Transportation is respectfully requested to authodze emergency funding to correct the existing deficiencies and develop an on-going maintenance program for the S.S. Judge Jolley Agenda Item No. 1689 April 12, 2005 Page 9 of 9 Bridge in order to optimize its maximum useful life so as to ensure the safety, convenience, and economic well-being of the citizens of Florida. Passed in open and regular session of the City Council of the City of Marco Island, Florida, this 21st day of March 2005. Attest: !I¿jAi/ ¡t{e.k1) Vickie Kelber, Council Chairwoman ~> Agenda Item No. 16C1 April 12, 2005 Page 1 of 6 .--' EXECUTIVE SUMMARY Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes Satisfactions for the Agreement To Extend Installment Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: .-. SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $3,879.22. The fiscal impact for recording the Satisfactions of Lien is approximately $28.50, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,,- ArJenda Hem No. 16C1 AprtI1?, ?DDS Page 2 of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C1 ReGon1f¡1elidalior. to approve. execu~~ .md rec ~rd Sati",!a~tí¡)["1!; 101 c~ltai!'"l Wat~r Bnd/or SI'JWer iJnp<J~:t Fee Paÿment "'.gl~eme111!¡ Hsca! j)11pant if>. $28.50 10 record ttl~ (1(1t<t>fí)ctìorm. ofi..1~n Meeting Date 'W,2t2005 9 00,00 I,M Apprmrcd By Pam c~m5 Re1ll!'nw: Superyh.or o..tl! PutUlc UUll1ies uses 3115120<1512:0t PM Approved By Thomas Witle:r. Operation.. DIrector Date Public. Utilities- Public UtIlUJe$ operations 3/211200512:204 PM Approved By John A. YOl'lko~ky Utility BUUnr,¡ Director Date Public UWltie» UBCS 3r2JJ;!005 'j :JS PM Approved By 'Tere5-'" Rjesen Re...enue Manager Date Publíc Utlliti(l$ uses 312~r.lOQS &:00 AM Appro,,'cd By Jam~!t W. Del.ony Public ll1jliiip.$ Administrator Dal~ Public; UtiHties Public Ublitte¡; Administration J!Zll/2005 2:17 PM Approved By OMR Coordinator A¡: m!nl...lriltÎlfi!' Ass¡$jtant [)¡rtc County Man_11tH'S 01'1'100 omcc of Manilgcm~nt & Budget 312illOOS 2:47 PM Approved By Susan U$tw, Senior ManaSlemlmtJEhJd~C1 AtU11~lt [).ai" CouIIly Manager's Officl!= Ol'fl¡;;e Of M¡Hlilyement & Bud~~t 3/29120054:11 PM Approved By Mh.:.hae! 5mykow3kl Management & Budget Director Date County Manêtget"~ OfficI!; omce of M;¡nagetnent & atJtlg~t 4l1i2005 12:28 PM Approved By Jenll!S V. Mudd County Manager Date Bonrd Qf County Commissioners C(JUl1ty Milll;J.ger''j Office 411/200512:59 PM Agenda Item No. 16C1 April 12, 2005 Page 3 of 6 EXHIBIT "A" 1. Ellis Gloster, securing the principal balance of two thousand one hundred seventy nine dollars and twenty-two cents ($2,179.22). Folio #62257920007 2. Robert D. Webber and Nita L. Webber, securing the principal balance of one thousand seven hundred dollars and no cents ($1,700.00). Folio #81626080009 Agenda Item No. 16C1 April 12, 2005 Page 4 of 6 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Ellis Gloster Whose mailing address is 5234 Texas Ave. Naples, FI 34113 Bearing the date of the 7':1 day of January 1999, recorded in Official Record Book 2499 Page(s) 3201, in the Offica of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand One Hundred Seventy Nine Dollars and Twenty-Two Cents ($2,179.22) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: lOT 10, BLOCK 9, NAPLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF IN PLAT BOOK 3, PAGE 86, PUBLIC RECORDS OF COlliER COUNTY; AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 667, PAGE 1866 OF THE PUBLIC RECORDS OF COlliER COUNTY, FLORIDA. FOLIO NUMBER: 62257920007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: FRED W. COYLE, CHAIRMAN David C. Weigel County Attorney -J....-_""""',. .-----.'..--- Agenda Item No. 16C1 April 12, 2005 Page 5 of 6 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Robert D Webber and Nita L Webber Whose mailing address is POBox 272 Howard, Ohio 43028 Bearing the date of the 7th day of September 1999, recorded in Official Record Book 2589 Page(s) 0923, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Seven Hundred Dollars and No Cents ($1,700.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 152, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORDS BOOK 630, PAGES 1883 THROUGH 1932, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON EEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. TOGETHER WITH MOBILE HOMES: MODEL-PALM HARBOR; YEAR- 1990; ID #PH094249AFL AND #PH094249BFL, WHICH HAVE BEEN DECLARED REAL PROPERTY BY THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE R- #361769 AND R- 361769, RESPECTIVELY. FOLIO NUMBER: 81626080009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in fuN satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of . 2005. Agenda Item No. 16C 1 April 12, 2005 Page 6 of 6 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: FRED W. COYLE, CHAIRMAN David C. Weigel County Attorney Agenda Item No. 16C2 April 12, 2005 Page 1 of 4 ,- EXECUTIVE SUMMARY Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "An ,-' Full payment and satisfaction of this lien have been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full for this Claim of Lien increases the cash flow in the County's Sewer Impact Fee (Fund 413) by $1,055.00. The fiscal impact for recording this Satisfaction of Claim of Lien is approximately $10.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Lien. ~. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda Item No 1 GC2 April 12, :WOS Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 161'::'2 Re¡~ornm~nd;diùl~ to H~proV~, execute; ano re(:"rd ,I ~i"'tt::;;I<lI:;t!m~ I)j ,,!'J{lti¡)t or GI"ltI'1 Qf Uen 1':'1" S;¡¡niíary S~wer SV5-tf!!/rI It'l'l J¡¡c1 Fee Fi:>[;;;Ilimpm:1 i ¡ $10,Ciú to r 6COllj the Sati$ ;¿¡Gtit)f1 of Lien Meeting Date 4/121'2D05 9 00.00 HI. Approved By Pam Callis Rl!vC'nuq Supervlaor DatI! PubUI; UtIJltlu UBCS 3!IS/200õ 12:02 PM Approved By ·ThDln!l5 Wjrte~ OperatlOß3 Director Date PublIc Utmtle:l. PUbll<:; utlllf e~ Operations 3/21/200512:22PM Approved By John /:I.. )'ol'ko'i.ky Utility BIlling Director D.t. Public UUHtliit~ UBCS 3/2Jl2Q051 ;37 PM Approved By TeJ'e'i.<J Riesen Revenu.e Manager Date Public Uti!lti.fl!> uses 3./2.111005 ~:M AM Approved By -Iat"f!!!IiW.OI!l.on)l Publjç t t I¡liu~ Adm¡nl~ttutof D.:Jle Public Utllítlc-t. Public Utilities Administration JJ1812()O.s 2:11 PM Approved B~· OM f) Coordinator A¡jtl'l¡n¡!'i.lmUV~ A.!'i. ¡lstant Oa~ County Manager's Ot'tjC() Oft-Ice ofMðnagcment & Budf'lct JI2W2öOS 2:048 PM Approved By SUliõUJ lI$her S~n¡Df M<tn"gem~nttß"'dget An,¡IYfit Diillr. COUf\ty Manilgt!r'~ Offlr;e Office 01 tAan"'gem~nl & Budget 3J29/2{ I)S 4:1.4 PM Approved By Michael SmykoW:>kl Management & Budget DIrector Dat~ Courlty M4I!\UgIH'S Office Office Of Matlagelner,t & Budget 3129120064:32 PM Approved By James IJ. Mudd County Manager Date Bonrd of CDunt)' 'Commissioners County Manager'to OMcli! 4/1/2D06 6:34 PM ··--"1-- Agenda Item No. 16C2 April 12, 2005 Page 3 of 4 EXHIBIT "A" 1. Robert E. Lydy under the Robert E. Lydy Revocable Trust Agreement dated October 27, 1990, securing the principal balance of one thousand fifty five dollars and no cents ($1055.00). Folio #81630800000 Agenda Item No. 16C2 April 12, 2005 Page 4 of 4 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Robert E. Lydy under the Robert E. Lydy Revocable Trust Agreement dated October 27, 1990 200 Indian Key Lane NAPLES, FL 34114 The Lien was recorded on 10TH day of February 2005, in Official Record Book 3731, Page(s) 3993, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Fifty Five Dollars and No Cents ($1,055.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 270, WEST WINDS MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81630800000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Goveming Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: FRED W. COYLE, CHAIRMAN DAVID C. WEIGEL COUNTY ATTORNEY Agenda Item No. 16C3 April 12. 2005 Page 1 of 7 ..,-. EXECUTIVE SUMMARY Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $38.50 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT uA" .-. Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim of Lien. FISCAL IMPACT: Payment in full for these Claim of Liens increases the cash flow in the County's Sewer Impact fee Fund (413) by $3,165.00. The fiscal impact for recording these Satisfactions of Claim of Lien is approximately $38.50, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ~ Agenda Hem No, 16C3 April 12 . 2005 Page 2. oï7 COLLIER COUNTY Bot,RD OF COUNTY COMMISS!ONERS Meeting Date 1E;C3 Recommendation to approve the' Satil>fadionl> 01 Notice or Claim of Uen for Sanitary Sewer S\¡~\em Impact Fee Fisr:a; irnpJlct is $38 50!0 r~cord ¡he Satisfa1;llol1s of UO~ ,W,2J2005 9:00'00 AM Item Number Item Summary ApproVt.'1f By TÐreu Rìr¡snn Revenue Manager Date Public UtlIlUt!$ uses 3i24121105 7:5$ AM Approved By John A. Yonkosky Utility Billing Director Date Pu~1ic UtlUtl~s uses ,,241200510;10: AM Approved By PamCaHi<¡, Revenue s.upervi$or Date: Public UtUitlfls vac:; 3J24!200510:H AM Approved By Thon\as. Wld~s oflt!ratíorH\ D¡u~,çtul Oale. PUb!lL UtmuP.s P\lb!ic UtllìtllM> Operation'$. 3.r;¿Si2005 ~::17 AM Approved By James W. D-e.Luny PubliC Utfl!tleti A..dtrdnlstrator Cute Public Utilities PIJbllc Utilltics Admlni'itrþtion J.12al;¿005 2:23 PM Approved B)-' O'.H3 Co.ordinntor Adm¡( i~tmtlvf: As.sbl;tllt DõII\t! c.ounty Manager'5o Office Office ot Manageme!1t 8.: Budget 3/2912005 2:53 PM Approved By 5l15i1n U!>h<!!r Senior MJlnagemiMIll6udget Analys.t Oat/!' County Manager's Office Office of Managelnent & Budget 3/3( {2005 8;2~ Af", Approved By MichMi BmylcoWSk¡ Maniinement & Budg(!t Oitector Date County Ma!\i!lger'~ Office Orri;;;e 01 tJ.ani!tQemenl & Budget 3f30120Q5 6:16 PM Approved B)' James V. Mudd County Man<l'-1er l)ale BOjlfd of Calmly )/31120055:511 PM Comml~sl()ners County M.!nager's. OfflGe ,--- Agenda Item No. 16C3 April 12, 2005 Page 3 of 7 EXHIBIT "A" 1. Patricia L. Macciocca-Syphard and Lisa A. Delgarbino, securing the principal balance of one thousand fifty five dollars and no cents ($1,055.00). Folio #48485480003 2. James G. Ference and Catherine Kaylor, securing the principal balance of one thousand fifty five dollars and no cents ($1,055.00). Folio #51665001147 3. Joseph Garcia, securing the principal balance of one thousand fifty five dollars and no cents ($1,055.00). Folio #81620600003 Agenda Item No. 16C3 April 12, 2005 Page 4 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiarni Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Patricia L. Macciocca- Syphard and Lisa A. Delgarbino 118 Chippewa Court Girard, Ohio 44420-3608 The Lien was recorded on 10TH day of February 2005, in Official Record Book 3731, Page(s) 3989, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Fifty Five Dollars and No Cents ($1,055.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BUILDING G-303, UNIT 1, GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORD BOOK 50B, PAGE 165 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48485480003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: DAVID C. WEIGEL COUNTY ATTORNEY FRED W. COYLE, CHAIRMAN --T'-- Agenda Item No. 16C3 April 12, 2005 Page 5 of 7 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF CLAIM OF UEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: James G. Ference and Catherine Kaylor 45 Kidder Brook Road Ashford, Connecticut 06278-1015 The Lien was recorded on 10TH day of February 2005, in Official Record Book 3731, Page(s) 3985, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Fifty Five Dollars and No Cents ($1,055.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 226, IMPERIAL WILDERNESS CONDOMINIUM, SECTION THREE, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 1368, PAGES 1889 THROUGH 1927, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 51665001147 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Floricla, herebyacknowtedges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Goveming Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and Legal sufficiency: DAVID C. WEIGEL COUNTY ATTORNEY FRED W. COYLE, CHAIRMAN Agenda Item No. 16C3 April 12, 2005 Page 6 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Joseph Garcia 150 Pine Key Lane Naples, FL 34114 The Lien was recorded on 10TH day of February 2005, in Official Record Book 3731, Page(s) 3992, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Fifty Five Dollars and No Cents ($1,055.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF UNIT NO. 15, WEST WINDS MOBILE HOME ESTATES, A CONDOMINIUM IN ACCORDANCE WITH AND SUBJECT TO THE COVENANTS, RESTRICTIONS, TERMS, AND OTHER PROVISIONS OF THE DECLARATION THEREOF RECORDED IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY. TOGETHER WITH USE OF A 1977 HOMETTE 24' X 56' MOBILE HOME SERIAL #0365287 AK & #0365287BK. FOLIO NUMBER: 81620600003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2005. ,-- ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: DAVID C. WEIGEL COUNTY ATTORNEY Agenda Item No. 16C3 April 12, 2005 Page 7 of 7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT FRED W. COYLE, CHAIRMAN Agenda Item No. 16C4 April 12, 2005 Page 1 of 4 ~"-'" EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the county has received payment and said Lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessment. ,-- CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Asses~ment. Collier County Ordinance No. 90-30, as amended, provides that a Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1991 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign this Satisfaction of Lien for the 1991 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service "...- Agenda Hem No. 16C4 April 12. 2005 Page 2 01 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16(:·4 Re¡;(1rt1~)1Br;I:I¡ tk!n to adc)pt a Rt=:¡;ol\JtiDn 1(; ¡¡PP!()VP. tbl!' SßtiI1f¡¡(:Ilnn of Lien for t.t Soll( WU1j;t~ re~>lCjen!t¡¡; at;r.:()lm! .Nt1l!:l'eir\ trie:X)U!1ty hat. ft~!'ei\/~d P¡(.,.¡n~lIt antj ~,ilid l.:en ~~; sati:HitHj in f\11I for tr;~ ;9r,,1 Solid "'Nar.te Collection and DispD6ai SP'r''JI(;è'!> Special !~'!'):f;f:5~mF.!n: Flami impact is S2QûO:c ~c.:ord SatisfAction o.~ Lien Meeting Date 4/12.:2005" ()(}OD .A,M Approvt!d By TNe34\ Ri",sl¡'n R~1Icnue Manager O<rtlt Public Utilities UBCS 31201/20057:51:1 AM Approved By John A. Yonkosky Utility BillIng Oiractor Dale Public UtlHtie!. uses J{24J2005 10:11 AM Approved Oy pnmCrtHis Rcvenu~ SUþ(!rl¡h,or Date' Public UUlltle~ UBCS 3/24J200510:36 AM Approved By rhoml!.s Wides¡ Operation!. Dircclor DOlle P!lbUc UtUitlEl'S Pub!k Utllibtt$ OperatiO/"l~ 3/25/20059:29 AM Approved 8y J31Y!1!:~ w. DaLony PubUc: Utilltle$ Adml'lIstr~tct DJ!e PUhlir. Ulmti~$ P\lbJI" lJUlltle!; Admlnl.str.iUoJ'! 3128/2005 2:23 PM Approved By OMB Coordfnltl!)r Adrnln!slratìvl.': Assistant Oltt~ COlmly Manag~r\c¡ omce ortl.::!! (If Man.lgeme-nl .. Budgt!t 3J2\11:l00S 2:54 PM Appro\'ed By Ra.ndy Gtp.rJ1>Na:\d Manaor.m~nt/811r1ge, A.tJðlysl Dalt: County Manager'!> Office OfficE' 01 Manilgement" Budget 3.'30/2005 9:~17 AM Approved By Mi¡;;h.1el Smykow5hi Manag:f'mc-nt & BudD!!!t Dlrll'ctof Dille County Mal1uge¡'s Onicl:! ornee of M.anôlgemertt & Budget 3130/20066:06 PM Approved Oy Ja.mf'1õ V, Mudd COLlnty Marlager Date Buard 01' County Commls.sioners County Manager'... OfficI!:! 313012005 JUG PM .c_......t..- Agenda Item No. 16C4 April 12, 2005 Page 3 of 4 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 62102040003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Felix Lerch Family Trust 2669 Davis Blvd Ste 101 Naples FL 339620000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 13 LOT 17 OR 1637 PG 1910 Folio No. Project No. Account No. 62102040003 60000 75307 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attomey Agenda Item No. 16C4 April 12, 2005 Page 4 of 4 RESOLUTION NO. 2005 . A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 75307 This Resolution adopted this _ day of second and majority vote ,2005, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C5 April 12, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda Ilem No, 1 ÔC5 April 12, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C!;· Meeting Date Rer.omrJ'l~f1dat (!n to adopt II Re50!\Jtì¡}u 1() appro\lp.th~ Satistilctl:m of [jen tor ¡¡¡ Scud Wa$te !t'¡:;:;IIJer:t!¡¡1 ,~l;,~clln wherem the COlinty hajj r~!~el\'~! P¡ ì'!T1f!!!~I.¡¡nd !;'llt" l.,en 16 Qiitì$lied ''1 full lor ¡he î99t1 Solid W~5t~ Callectìön and D¡apos;:¡1 ServiG.:!!> Special ;,·,.sesI>ment. Fisca.l impact is $2CGO to record the Satl~factict'\ of i...ien 4/12.120059 D() on ".M Approved By Tett!s,.. Riesen RtrVII'ß"f: Mnnilger Oi1tl!' Public Utilities UBCS 312<1/20057:59 AM Approved By John A, YonkO$ky Utility ailling Oiredor Date P\lbUc UtlHties. uscs 3J;Z4,ZOD51Q:1J AM Approved By Pam Ctllhs RC'IIC'f1tte: Supervisor £Jolt(! Public Utilities UBC5 3(2412005 10:38 AM Approved By ìhomas Wiàes. Oper3t\Ofl~ tIi,'ector Date: Public l!tlHtlr.s Publi<:: Ut!lHic$ operutlon!i ,1/25120059:28 AM Approved By Jamie!> W. DeLony Public UUUUei AdmlnI5tr..ta, D;tti!! P~Eb!ic IJIi\lt¡~s Public IJtH tI~!i A¡:fm!¡,lslrp,tíor'1 3¡~/;!tI{)5 2:21 PM Approved By OMS Co(udl¡,atl:Jr Admlnb.traUv~ Aujstant Dot. County Manager's Onk:~ Orfice 01' M.1nagÐn1enl & Budgct ~1291200~ 2:55 PM Approved By Randy Gmenwa!d Mim.1Gr:mto"I/Burl~e Analysl D,:¡¡It! County Mano:gt'r'-s. Office Office 01 Management S BUOQet J.l3!H2UOS 9:40 AM Approved By tAìçhneISmvkow'ik! MMOÇl¢mtmt & Budg~t Director D¡;ta Cuunty M.I~ag;!rS Office QMcllo 1,)1 Management & Budget 3/30120056: t 1 PM Apl)roved By J¡tml!"¡'; V, Mudd County Mana.ger Dale Board ~r Coonty C.olTlmlsr.joners Counly Man<Slger's. Office 3130/20058:13 PM Agenda Item No. 16C5 April 12, 2005 Page 3 of 4 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 62102040003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Felix Lerch Family Trust 2669 Davis Blvd Ste 101 Naples, FL 339620000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office ofthe Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 13 LOT 17 OR 1637 PG 1910 Folio No. Project No. Account No. 62102040003 64000 20747 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attomey Agenda Item No. 16C5 April 12, 2005 Page 4 of 4 RESOLUTION NO. 2005-_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 20747 This Resolution adopted this _day of second and majority vote. , 2005, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C6 April 12, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1995 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,-.- Agenda Hem No. 16C6 April 12, 2005 Page 2 of 4 COLLIER COUNTY BOf.\RO OF COUNTY COMMISSIONERS ,,,- Item Number Item Summary 16C6 r-<e¡;( mmp.tJ( :~tiO¡1 to adopt iI Re~m¡\ tjon !C, ilpmove ttlE' S¡¡ti!;f¡l!:t!ur' of L.lflr1 lor.. St)!ld WëI$lt rei.identjil: account w~',~rP'If1lh~ Co,ml'j han ft;çeiv\!'fI p¡ v!rH!!!~1 ;me; !;1I,d Uen ,~; satb!led 1'1 full for the 19!15 50\id W,.stf! Collection and Dl6p06ai Service!) Spe-m-al A5$eF;&ment Fiscal impac.t is $20.00 to fl!'cord the Satisfactlcn or Len Meeting Date 4/1).12005800 DO ~,M Approved By T~re5a Ri!!'\ilffi R~"'nul!' Manilger D.1te Public Utllit¡es UBCS Jf24J2005 7 :5'::1 AM Approved By Jonn A. Vonkosky Utì1i1y BlUIng DIrector Date Públje; UtìUties- UB';S 3}20412005 10:15 AM Approved By PamCalHs Revlt.tule supervl60r D.,te Publlt: uUUtil!:!< UBCS 3/2412Q05 2;50 PM Approvcd By "Thomas Wide5 Operano." Dlrec.tor Date PublIc Ut!hth:$ Public. Utmli(!$ opemtian5 3J25/2005 9:29 AM Approved By Jam\!'!ì W. O~LQr<y PubHc UUlltle:; Aámlul!ltratol Date P\lblir. UliUtl~5; PUbhr. Utllitl~fo Admlrl!$lr;ItIOl'l 3123/2005 2:24 PM Approved By OMB CoordirHlt.or Adlnln!s.traIlVfe A$ !.lti~nt Dilte County Manager's Office ornC!! ot Managon1f=nt & Budget 31:l':l/ZOUS 2:55 PM Approved By Randy CHr.enwald tJ..lru.geme:nllBud{ f> Analys.i 01l1~ c.ounty Manogef'lo Offi<.:e Office of Management & Bud'ì!et 313D/2005 9:43- AM Approvcd By Miclt¡Jo sm)'kow.ji.k~ Manûf¡Ji!'fnant & Budgel DlrKtor O,1tfl CO!,Hlty Managefs OffIce Dm~e D1 M;JInagelneflt & Budget 313012005 6: 12 PM Approved By Jam!!!' ; v, Mudd Counly Manager Date Board o/Caunty CommI5Sionf!rs. CQUllty Mßnaget':¡. Oft'lce 3/30/20Q5 IUS PM ~""~_.,,"--'" -r-- Agenda Item No. 16C6 April 12, 2005 Page 3 of 4 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 81521640007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Webster, Christopher=& Linda 1338 Wood ridge Ave Naples, FL 341038922 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: WESTLAKE UNIT 2 BLK D LOT 7 OR 1225 PG 249 Folio No. Project No. Account No. 81521640007 65000 29560 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney RESOLUTION NO. 2005- Agenda Item No. 16C6 April 12, 2005 Page 4 of 4 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 29560 This Resolution adopted this _day of second and majority vote. , 2005, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney .~,.,-""'''''--"'-~''- Agenda Item No. 16C7 April 12,2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8,2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. ..- Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ~ -,.,....-.....""""',"'."...... Agenda Item No. 16C7 April 12, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number "ern Summa,)' 16G7 r':'>:t;Gornrnendation to adopt a Res.c!utlon t<, approve the Satlsfac!lQm. of Lien to: Soliø INatle le!;l(jer;tla! ¡ (;r::()..ml~; wherei!'1 Ule CÚ\Jmy hilS recr::ived p;ijyrnef1t and tiahJ Uf!:t~!; ar~ ~¡Iti!ò'i~¡j În fu:! fQ' the ~ 88f; SDlid Wð$te Coi!ect10n ;;,nd [)ispolÕii1i Servir;es Speciai AH.S~6s.rl"l"ntF. Fi!'.cai impact is $;3000 to rec.ûrd the Satisfaetlons ot Uen Meeting Date 4/12/20D5;; DODO ,A,IV. Approved By TNÐ${\ Rle'~f'n R/?Vffi\lll!' Monager D.lte PlIbUc Uhlitles UBCS 3/241200$ 8:[)O AM Approved By John fJ., Vonkosl<y UtHity Billing DIrector Da¡~ Public Utilltlf!s. uses J12412005 1Q:17 Af.¡1 Approved By Pam eaHis Ravenue Supervisor l'Jat/t Publ!t: UU j~hu. UBC:S J12412005 2:5{} PM Approved By Thomas Wldei; Operation: , Director Date PIJb1!c UtfliUc$ ?u bUe: UtilUic$ Ol)(mltlon~ ;¡j:i'6/200S 9:30 AM Approved By James W, Ot;!løo:i Pub!k Utmtle,. Adm¡l1~stratol Cate Publll: tJlmtl~!.i Pub!;!; Ujj!itk~¡ A!1mlnISlr¡s.tìol'l 3/2412005 2:24 PM Approved By DMB Cot.lrJIr.at¡;r.r Adfninls.trallvl!' A.'!oshitünl ().ute County Münaç¡er's Office omce of Mal1agemltnt &. BUdget 312':H2005 2:57 PM Approved By R.-nny Grr.et1wald Mana!JemenliBudg~1 A.11ö1¡y~1 Dale': CGunly Manl1Qer's Office Office of Management K Budget ;1130120059:·11 AM Approved By Michael 5mykowlokl Milnagem(!nt & BfJdgel Dir«:tor [Jolt!! Cuurlty Man..gl!'r'~ Ol'flce omce of Managelnent & BUdget 313{}/Z00/5 6:14 PM Approved By James V, Mudd County MimñQur Dale Bo¡¡rd or CQullty COlT!nliss.ioner:!. Cuunt)' Manõ5ger's. Office J.f31!2005 8:45 AM Agenda Item No. 16C7 April 12, 2005 Page 3 of 5 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 62102040003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Felix Lerch Family Trust 2669 Davis Blvd Ste 101 Naples, FL 341044332 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 13 LOT 17 OR 1637 PG 1910 Folio No. Project No. Account No. 62102040003 66000 24248 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chainnan, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attomey Agenda Item No. 16C7 April 12, 2005 Page 4 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 81521640007 SATISFACTION OF LIEN KNOW All MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Webster, Christopher=& Linda 1338 Wood ridge Ave Naples, FL 341038922 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk ofthe Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: WESTLAKE UNIT 2 BLK D LOT 7 OR 1225 PG 249 Folio No. Project No. Account No. 81521640007 66000 32777 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W COYLE, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney RESOLUTION NO. 2005- Agenda Item No. 16C7 April 12, 2005 Page 5 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 24248 32777 This Resolution adopted after this _day of majority vote. , 2005 after motion, second and ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16CB April 12, 2005 Page 1 of 9 .- EXECUTIVE SUMMARY Recommendation to approve the acquisition of a 40-foot by 50-foot Utility Easement near the southwest corner of Wilson Boulevard and 18th Avenue NW for a public water supply well site, at a total cost not to exceed $7,425, Project Number 701582. OBJECTIVE: The public purpose is to acquire a Utility Easement for a public water supply well site to accommodate one new well to maintain the reliability of the existing Tamiami Wellfield. CONSIDERATIONS: Staff recommends approval and execution of the attached Easement Agreement between the Board of County Commissioners, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District (Board), and Harley L. and Lucinda K. Hogue (property Owners) for the purchase of a 40- foot by 50-foot Utility Easement (Easement) in Golden Gate Estates. The Easement will accommodate one water supply well needed to maintain the reliability of the existing Tamiami Wellfield. The Easement is located two blocks north along the Wilson Boulevard alignment from the northernmost well site in the Tamiami Wel1field, in close proximity to, and a natural extension of, the existing raw water transmission mains. The attached location map shows the Site and its relationship to the existing wellfield. - Real Estate Services' staff appraiser valued the Easement at $6,000. The Property Owners have agreed to sell the Easement for $6,000. The results of an Environmental Site Assessment performed by the County's Pollution Control Department are favorable. The Easement Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. The Utility Easement will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to execution and recordation. The intent of this action is consistent with the 2003 Update to the Water Master Plan, as adopted by the Board on May 25, 2004, as Agenda Item 10(D), because approving the acquisition of the Easement will further the process of enhancing public water supply reliability. FISCAL IMPACT: The total cost should not exceed $7,425 ($6,000 for the Site, $900 for the Environmental Site Assessment, and $525 for title commitment, title policy and recording of documents). Funds in the amount of $7,425 are available for this project. The intent of the proposed acquisition is consistent with the FY05 Water Capital Budget for Project 701582, Tamiami Wellfield Reliability, as approved by the Board on September 23, 2004. Source of funds is User Fees (412). ---- Agenda Item No. 16C8 April 12, 2005 Page 2 of 9 .-- EXECUTIVE SUMMARY Purchase of 40-foot by SO-foot Easement at Wilson Boulevard and 18th Avenue NW Page 2 GROWTH MANAGEMENT IMPACT: Projects funded with User Fees (412) have no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve the attached Easement Agreement and accept the Utility Easement once it has been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and 2. Waive the requirement for a fonnal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and -~ 3. Authorize Chairman Coyle to execute the Easement Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 4. Authorize staff to prepare related vouchers and Warrants for payment; and 5. Direct staff to proceed to acquire the Easement, to follow all appropriate closing procedures, and to record the Utility Easement and any and all necessary documents to obtain clear title to the Easement. PREPARED BY: Hans Russell, Sr. Property Acquisition Specialist Real Estate Services / Facilities Management Department ,..- Item Number Item summary M..tlng O.te Agenda Ilem No. 16C8 April 12. 2005 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C8 Rt:!;omrnf!ndatklt'. 10 ¡}Pprow tile iI('Q¡Ji~¡ti:¡n at ... 4f)~foot by SC,fooj Utility [ar,¢Tneí11 ne¡H the li<iuthwe$1 (:(!!"I~r (,It WII!;(!!"I BOlMliard and H!tt1 .Ävenu~ NW t(l, a public w;¡¡ter $upply well Solte at a total ..ost not tQ exceed $?4:~!"" Projecll'JumDer 70;582 4/12/200590000 l·.M Hans Russcll Sønior Proøerty A.cqullõltion Specialllit 3121(2D05 1Z:.tJ.'.2J PM Prepared By Administrative Services Date Facilities Man3gement Pamela Libby Water Ope¡atiOl1s Manage' Dô'lte Approved B)' PubUc UtWtie& Water 3(21120<1512:45 PM Karfrl'l B. GuH.ani, P.E. Senior Project Manager Date Approved By Public Utllllie:os Public lUl!iüe:5 EJ'g¡m~ering ].i21f2¡)()oS 1:19 PM Approved 8y Skip Camp, C.F,M, Arilnln¡$I'iltllj~ 51!r"Ir:r.s. Fac.:iIH!u Management Director Date- F,¡u;¡Utleli M, nag~ment :l12212D06 7:57 AM Real Prop~lty Supervisor Date Approved By To...1 A, Mott Admlnis;ua[ive Services FaclHlies M¡u'io1l\}emetll ]J:l2!200S 1\:12 AM Re'a! E!iotate &ervlc.:es Manager Date Approved B)' Chl.lrtes E. C.arrlngton, J '., snrwA Adtnin!:¡,tr¡¡tlve Services facllltte!l Matlagemertt 3/22120056:15 AM Operations Dire-ctor Date Approved By 'fhQma, Widet; Public !Jtltit¡o.'f, Public Utilltic'J Operations 3i:2J120aS 3',19 AM PiIIll MatIAt .$ch WattHDifectQr Dalf! Approved By P\lb je; Ulilitil!'s Water 3!.l312UOS ~:56 AM Public lJUlitie1¡ EnginclHing Dlr~tor Datp. Approved By Roy e. ÄnderjiQn, P.L Public Utilities Public UtilWes Engineering JI28l;¿OOó 1:32 PM Public: Utili lies A(imlnl&t'utnt Dale Approved B)-' .Jamer. W. rJeLony Public Utllltltl"i PUbllG UtllWt!So Administration JIZS¡200S 2:17 PM Admlnis(ratlve II.ss.¡~tunt Dilte Approved By OMS Coordm3tol Cotmty M3t1i1gIH'!J Office OM(;e of Mõllnag~rrmrlt I. 8\ldget 3/29'2QO& 2:47 PM Senior Managernent!8udfict Analyst Date Approved By Susan Usher County Manager's. Office Off!cl!: Of Managenlel\l & aUdg~t 3129(2D05 .4:07 PM Mich.!e! smykowsKi Man3gemenl & Budget Dired01 D.!te Appro"ed By County Manugt!r's Qfficl! omG~ of Manngœment & Budt¡ et JIJOl20051U1 AM Approved By J¡¡rnes. V. Mudd Boftrd ot County Commì~.'I¡ljn(!r5 County M.:tn<l9f:"t" Date Cðunty M~£1aoer'$ OMr:e 4/11200$ '12:39 PM I Agenda Item No. 1 C8 April 12, 2 05 Page 4 f 9 PROJECT: Tamiami Wellfield FOLIO: 37598200000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 2005, by and between HARLEY L. HOGUE AND LUCINDA K. HOGUE, husband and wife, (hereinafter referred to as "Owner"), whose mailing address is 1771 Wilson Boulevard North, Naples, Florida, 34120, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for the purpose of utility facilities, and access to, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to Purchaser for the sum of Six Thousand and no/100 Dollars ($6,000.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorney's fees and costs as provided by Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. EA-UE Easement Agreement Agenda Item No.1 C8 April 12, 2 05 Page 2 Page 5 f 9 4. Owner is aware and understands that the ·offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage recorded against the land underlying the Property from the mortgagee. The cost of a title commitment shall be paid by Purchaser. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. The public water supply well site to be developed on the Property will be completed substantially as shown on the proposed site layout attached hereto as Exhibit B. During construction activities, Purchaser will make all reasonable efforts to protect and preserve the existing trees on Owner's property, and will relocate Owner's fence so as to maintain the integrity of Owner's fenced enclosure at all times. Following construction, Purchaser will landscape the Property so that the vegetation buffer shown on Exhibit B is located on the North and West sides of the site's perimeter fencing and is of sufficient height and density to visually shield all above-ground infrastructure from Owner's residence. In addition, Purchaser agrees to cooperate with Owner in an effort to minimize the visual impact of the proposed utility improvements. These provisions shall survive Closing and are not deemed satisfied by conveyance of title. 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement a.nd understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. EA-UE "'~-_._, [.-- Easement Agreement Agenda Item No. 1 C8 April 12, 2 05 Page 3 Page 6 f 9 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2005. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFACIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: Deputy Clerk , Chairman AS TO OWNER: DATED: ~~ Harley L. t\ogue r ~k.X Lucinda K. Hogue ~ Approved as to form and legal sufficiency: LcY~ Ellen T. Chadwell Assistant County Attorney EA-UE <'JO'J ,- ~o .-Nr-- o N- Q) Z"- 0') -CO E ï:: a.. Q)D. ==« CO " c: Q) 0') « ¡,¡t; ~¡~~ ~--G ~~~!:; ~ì;J¡¡;~ _~~u ð t1!~~~ ;;0;. 8~'->~ -=-- C;j~~~ vi !;:: ::~~1i! ~ ~ ~I::)I...J ~ ~~~~ ~ ~ ~~~It ~ ~ ~~~~ :¡ ::.:;::~~ ~ ~ t:!'-..,) "< ~ 8è!ie~1 ~ >4 ~~~~ ~ ~t.:;~: ~ a1::t¡" .;,,'~ V}~'-.:~~p.,: i!; ¡s( ~ ,,'0:;: § <e\ -\ I~ ~ ~ 10; ~ ~~- ~ ~ ~ t;~ §¡ ~ ~ ~'" ~ ~ >.. i!s "\;;! Sí:"" ~~ ¡;¡ ~ ~ ~ ~'" š ~ ö '" i!;,,- ~ ~ ~S"" ~~ ~. ~ ~~ ~ ~~ ~ ~ ~g~ ~~ ~ ;c I§t:I~ ~~ ~ ~ ì;;~!E ~'§ t; . is "'iS~ ~§;~! ~ I§~ !~~~~ I ¡~ ~ ra ~~~i~ ~ ~~ i ~ ~~~ ~~ ~~s§ ~ !$ S~~~ ~ ~~~ ~~ ....-;~ (1If1JNl' íL:IWd ~ JIJOIIm,¡J ~. 7,DJ.6LI1JS .00uIT ..I :;¡,;. II ..f' t ...\ :¡¡¡ ~ ª ~ B ~ ~~~ ~t:;::. ~~! t:§ ~ ~ g ~~ '" ..., " ~~~ () . '" '" T -,/" -. 1/9(1 lJrIJ1 ~ )'I) WO ~ :¡ ~ ~ ~ ~~ ! ~ ~!t 10; ;~i¡~ ~~~h-~ _!UE~'" ~ ~ ~ :¡ ~~ ~~ ------ ~ '11 ..~ ~I ~8 ~- ~ ~ ~ ~ b~ .¡_ cf! ~ª ~ i:) " ~ ------ - .- '-:Dãi .- . ¡.. þ1!' ;~ d 0" t ! ~ i .,T ~ '" ~ ~ì ~~ ~ ~§~ g! i~ ~ \ §~ ~~ ~ ~ ~ ~~ ~ ~~ t3ê1 11/. --------------r- .uøo..·.. ;I):ÞD .A1IIIMWa:JtU JK.ff'JA'd IJ Þ1J ._+.f!!!!!S".''!!!!!!!#JJJ_. mIYl31I101l NOfl1U .~ I ~ .1'"' ~ ~ ~Ii ~~ '"' I I I '" o ~ .. ~ã I!s, Ii "- .. , " i .oorx; . ii J,OI,6LD011 w I~ 0 ...~ ~ ~ o .. ~ I ;¡¡ & I ...... I _ i ~.~ ~ ~.c: tit:! ~ ~ ~~ ~:;§ ~ ::o~::::::o ...,'S>. , ~¡:; tï)~~;~~ ~ c::::.>!; '" ~ ~ Çr.j ...~¡¡;¡ ~ ç::s~~i::¡:¡~c::¡ t;:::~<.s~ ::s .....,.,,.,, ~ ¡:..; ",. Q.,~~".~~ ~Q.,~~~<\¡ ~ ~~~~ ~ t3 ~~c..¡ ~ ~ ~ ~ t'5 ~ ~ c:::¡ ~ ~ ~~ ~¡.j ~ ~~ ~ ~~ ~ ~. I') t3fQ s::::;.c>--o: s;s:;:;t.¡Q vs~C::~ ""'=:~ 0 ~ Cr¡ ¡j~ "",=:c:::¡Q :c:; !lÌ ~:::S-q;t:J §;2 . ~:<; ~~ ~ :::¡¡~Q~ ::..... :s~ ~~I'):a: ~r..¡ t: '-.:;j....¡Z s;: 0 ~t3 ~ '" ,,- I')'" ",- I'" "It¡ ~..;¡ õ;'~ I')~ ~~ .:æ: >.;:æ: ~ê -.: ~ ....<t: ....c :::~ .!.;::, ....-.: "'r.. -,.c '" g¡~ '--"'I; ..~ r.¡~ ð~ ;tlJ C-NllClK-~:HKIOII·".,eo:œao~"Æ~ ·.....·~..I.K~II "JNI JOOII.q~ . .-"----...,.. co lD (j) UO-- (DOO .,-NCO ON-a> Z"- OJ -(\j E ·C D.. a> a. .=.;« (\j -0 C a> ~ OJ .. « ~ i " ~ '- ¡ ~ '" i i¡~ ~ ~~~ 0 Ii¡ i ~ ,,-T ~ " t3 a l....i '" ð " -..J '" ... ~ ------ (wINY ót Dr. I JCXJ9 ",,,II "-- ... .OULi.tl S .œm- T -J"- ¿,9lf 1:W1J/ ./J þrø¡ Isr] : "'I C) ~ '" ~'t- () ~ <: "" ...... -I ~ ::J ------ ~I~ ~~ ~t V) i ~ ~ ;::: ~ V) ~- L...J,::: ~ v~· ~~i ~- \.:) ~ <: L...J CJ c5 \.:) ~~:~ 8 " V) <::; ; !: N' ----- ---------r------ OliYII]7fI()8 NOS1/M ~~ ~i ::;"§! ~€ "' ~ ~ b~ ~i '"§! Zo !:' ~ ~ . . . {¡ ... < > .0 ~~ > . CI)~ ~o\I 0" i~ ~~ /IIØlIO!."'.lJJIIIJ ........ Dr. C s> ~ co~ "''' Co;:, Òo "'- - .. Qco ~-_._--_... ~ I ~ I :;; ~ ~; H I I I ------ "' Q l:) ~ a ...... ... 0- --.J ... ::J Q Q ~ ~ Q¡ E a c I ¡ ~ a Õ=--- --.J a Q. '-'D b --.J _ '" , ! ~~ õ c '< a· " .:::~ '£ ~ ~ " Q I L;j I '. ¡ /1 ª ~ ~ '" ~ ~ :r '" ., '" ~ i .. Æ :I ð a: .. i /: ~ I ~ a: . ~ ª f ... < " z i!I 15 " . I j " ~ Ill: .. ~... H¡¡- JiJ,l i i j! I i~ ~--~_._- ---- I. Agenda Item No. 16C8 April 12, 2005 Page 9 of 9 Location Map ! t I· , , O' '~~'''~___n" Agenda Item No. 16C9 April 12, 2005 Page 1 of 5 ~- EXECUTIVE SUMMARY Recommendation to approve the sole source purchase of cartridge filters from the George S. Edwards Company in the estimated amount of $266,000. OBJECTIVE: To obtain Board approval for a sole source purchase of Cuno Betapure cartridge f1lters from the George S. Edwards Company Incorporated for use at the North County Regional Water Treatment Plant (NCRWTP) and South County Regional Water Treatment Plant (SCRWTP). CONSIDERA TIONS: A. Public Purpose: The public purpose of the approval to allow a sole source purchase of cal1ridge filters from the George S. Edwards Company will be to ensure the reliability of the NCRWTP and SCRWTP to produce water at full capacity to meet the water demands of our customers. B. Scope: The scope of this project includes the purchase of cartlidge filters. The NCRWTP and SCRWTP utilize cartridge filtration as a pretreatment to the membrane f1ltration and reverse osmosis filtration processes. This critical process serves to protect the membrane filters from particulate matter contained in the feed water stream. Over the last ten years, various ca.11ridge filters from other manufacturers have been field tested at the NCRWTP. This testing has demonstrated that other brands of cartridge filters have caused process related problems. ,-.. The primary difference between the ditIerent brands of filters is the varying density throughout the fùter. Other brands of filters allow particulate matter to penetrate the filter and get trapped below the smface. While utilizing filters from other manufacturers, the NCRWTP experienced particulate bypass resulting in the plugging or fouling of the membrane filters. The Cuno filters that have been in service at the NCRWTP have demonstrated that they maintain the same density throughout the fùter. This allows pa.11iculate matter to collect on the surface of the filter, thereby reducing the risk of bypass. Additionally, other brands of filters have a tendency to flex or bend due to normal fluctuations in feed water pressure. This condition results in bypass of particulate matter at the ends of the filters. The Cuno filters have a greater density. thereby reducing the risk of bypass as a result of flexing or bending. The Cuno fiHers have proven to be a reliable product in maintaining a consistent treatment process at the NCRWTP. The sole distributor for the State of Florida is George S. Edwards Company. C. Legal. Purchasing. and/or Finance Department Guidance: The Purchasing Department has reviewed and approves the recornmendation to select George S. Edwards as a sole source provider of the cartridge filters for the NCRWTP and SCRWTP. FISCAL IMPACT: ,-.- A. FY 05 Funding: Funds in the amouot of $266,000 aloe available in the County Water/Sewer Operating Fund (408). The source of funds is Water User Fees. ,....-. Executive Summary George S. Edwards Sole Source Page 2 Agenda Item No. 16C9 April 12, 2005 Page 2 of 5 GROWTH MANAGEMENT IMPACT: This project will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer Distdct, grant approval for a sole source purchase of Cuno Betapure cartridge filters from the George S. Edwards Company Incorporated for use at the North County Regional Water Treatment Plant (NCRWTP) and South County Regional Water Treatment Plant (SCRWTP). PREPARED BY: Pamela Libby, Water Distribution Manager .--- ~ Agenda Item No. 1ÛC9 April 12, 2(105 Page30f5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item NlJmber Item Summary 16C9 Meeting Date Rl!t:arrJIYie!1dat1on to apprO\fC trt~ sole SDUr~1!' purchasE of ciHtrioge fHtt\r1ô from th€" Georg€" S Edw~rd$ Ccmparty ir, ¡he es.timatcd amount of !.266,Û:JO .4!1;¿/2005 8:00:0Q AM Prepllred By 'pate Pam!!'li1 LlbbV Wi3tef Operation$. Manngur 3JZ212l105 12:34;4S PM PUblic Utilities Watoer Approved By Pamela Libby Water Oþer<Jtions Manag:er Dale Pubilc UtllUiu Water Jf2212C05 1:Z1 PM Approved By JûGk P. CUrr2ln PUTchl'l5ing Agent Data A.dmh\l:Ltrativl! Servjct!$ PUldlä$\ng 3122J20051:26 PM Approved B)o' Thomas Wide~ Qpet3ltiorH. Director Date Public UtUilie!i PuÞUc Ut!li\ip'$ OpemtiOfl~ :1.j23f2005 8:21) AM Approved By Paul MaUJu!lc;h Water DIle~tuf Dõ!te PybJlc: 1J11II j~!> Watttl'" 312..1.12006 a:58 AM Approved By M!ltè H~ut!r A.cqui,¡,¡Uun Manager Dllte Adminl'ittõ\tivt\ $l!It'/!C1!~ P'lJtch.a5ilng 3/2111200510:32 AM Approved By SuwP, Cô1rtH!1I Puu:h;s~jogIGl!'o~ral SYC:$ Di,~r.tl'>t D31~ Adm~n¡stratlve Services Purchasing 3/25/200510:61 AM Approved By Ji1mes W. DeLony Pubjic UtiIU!fI!i Administrater DatI! r~utÑ¡c UtlHtìes Public UWltles Aan1in!Iiotrat\OI1 312812005 2:HI PM Approved By OMS Coordinator Adn,ll1hitrative Assistant Date County Manager's Office: Office of tl.anagtmlel)t & Budget 312912005 2 :49 PM Approved By Randy GreenW2IIId ManagementfBudget Analyst Date County M:uH1oel'¡; omce Omce of hhmagemen:t" Budget 3J31TZ005 6:32 AM Approved By Michael Stnykow.kj Mal\agement & Budget Director Date County M¡m.atJr.r's Office O!'fic.c (If M;magumelU &. ßudgl![ :1.13I.120059:36AM Apprøvcd By James V. Mudd County Manager D<lAte Board of County .4I2r.lOll5 1:1 J PM COrntnI5Slon@!,:ö County Managers OfficII' ~"'"-- A.senda Item No. 16C9 ..I~re~. .I~ra' April 12, 2005 _ Page4of5 Filter Systems CUNO INCORPORATE!) ~:n~~~rx Tow. \203jÞ1·~1, 801¡"¡!.43-6Iie>I Fa¡c: Ç2(JS) 2::1IH!9TT. (2œ ¡¡æ-ll116 December 3, 2004 Mr. Barry Erickson Collier Ccunty Utilities PO. Box 413016 Naples, FL 34112 De.ar Mr. Erickson: Cuno holds the sole licensing ríghts to manufacture, market, and sell the Cuno Betapure'" in the United States and Canada, No other manufacturer produces a polyotefin fiber type cartridge that provides the rigid structure found in the Betapure,E', Also please note that Cuno has designated the George S Edwards Company to be the authorized distributor for our filter products in the stateaf Florida. Sincerely. <Pete 141'&on Senior Sales Specialist cc: R Evans (GSECO) P. Maroona (GSECO) M. Nickerson (Cuno) D. Willoughby (Cuno) Agenda Item No. 16C9 April 12, 2005 Page 5 of 5 THE GEORGE S. :EDWARDS COl\'lPANY P 0801 1000 Saginaw, AL35137 Phone: 205-620-3000 Fax: 205--6Zo..3030 E-mail;roubrasherat:çsedwards.net DATE: 1{}~1()"2004 TO: CoUier County Utilities A'rI'N: Steve Lang FAX: 239'·352~ 762U E·MAIL: stevela.ng@oolliergov.uet FROM: Ron Brasher for Pant Maron.ua TOTAL PAGES: t RE: Cuno SPA5103 Pricing Agreement Special Pri<:ìng AgreemenC#5103 has been extended through September 2005. We have also added tbe AlJ40BIIFD cartridge. Cuno·46519-01B speciaI2~1!2."OD;X40'" Betapure cartridge with $pring S23.<60 Cuno 4ct519-ô2B special 2- 1!2."'o.D X 40'" Betapurecartridge less spring $ 12.60 CunG A U40Bll FD standard2.$/S"OD X 40"'Betapllre cartridge $ 22.60 Prices are quoted FOB Alabaster, Atabamawitbfntl rreìght alloWance except.n rush situations. Standard terms Arend 30 d.ays. Agenda Item No. 16C10 April 12, 2005 Page 1 of 9 ~-. EXECUTIVE SUMMARY Recommendation to award Bid Number 05-3757 for the furnishing and delivery of membrane softening elements to GE Osmonics in the amount of $891,000. OBJECTIVE: To obtain Board approval for a conditional award of a bid for the furnishing and purchase of membrane softening elements to GE Osmonics in the amount of $891,000 for the North County Regional Water Treatment Plant. CONSIDERA TIONS: A. Public Purpose: The public purpose of the award of this Bid is to ensure the reliability of the North County Regional Water Treatment Plant (NCRWTP) ability to produce water at full capacity to meet the water demands of our customers. B. Scope: The scope of this project includes the purchase and installation of 2,200 membrane elements in the membrane-softening portion of the NCR WTP. The membrane-softening portion of the NCRWTP is designed to produce 12 million gallons per day of potable water. C. Legal, Purchasing. and/or Finance Department Guidance: The Purchasing Department has reviewed and approved the recommendation of award to the lowest responsive bidder. ,.- D. Procurement: Bid #05-3757 was advertised on November 18, 2004 and three bid packages were received. On December 7, 2004 sealed bids were opened. Bidder GE Osmonics Hydranautics Film Tec Amount $891,000.00 $1,210,000.00 $1,111,000.00 The lowest responsible, responsive bid was received from GE Osmonics in the amount of $891,000.00, which is lower than the Project Manager's cost estimate of $1,200,000 by $309,000. The bid tabulation is attached. Staff has reviewed the bid and qualifications of the low bidder and has determined that GE Osmonics is qualified and able to provide the product required as specified. FISCAL IMPACT: A. FY 05 Funding: Funds in the amount of $891,000 are available in the Water Capital Fund, Project Number 725201 (NCRWTP Nanofilter Replacement). The source of funds is Water User Fees. GROWTH MANAGEMENT IMPACT: This project wi1l have no impact on growth management. The proposed purchase is consistent with the 2003 Water Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 100, and the FY05 Water Capital Budget approved by the Board on September 23,2004. -.' .--- ,,,,.--.. ./,,",,",,". Executive Summary Approve Contract 05-3757 Page 2 Agenda Item No. 16C10 April 12, 2005 Page 2 of 9 RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, award Bid Number 05-3757 for the furnishing and delivery of membrane softening elements to the North County Regional Water Treatment Plant to GE Osmonics. PREPARED BY: Pamela Libby, Water Distribution Manager Agenda Hem N '), 16C10 April 12, 2005 Page 3 or9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C10 Meeting Date Rccormnendat¡on to awafd Sid Numbcr Ot",-3ï57 ¡"or ,r:e furni¡;hins and delivery or membrane sc1'tening elr:;:rn~nl5 to GE Osmonics in the amQlIr;t at $891 ,000 4i12.'2005 9'OQ:00 AM Prepared By l)at~ f'...m~la Lit>hy Wate-f Opcratlons.l\llanngf!'J 3:'2:2/2U051:19:31 PM Public Utllllies Wate' Approved By Jack P. Curran Purcha5i11c;1 Ayent Dale Ad.¡nlnJstJ-ItI'Ie S\!lrvlces Purchasing 3122/20051:27 PM Approved By Pamela LibbV Witt1M' OpC'tations Mat"'IgEH (Jilt(!' PUblic UtUitleii Water 3/2:3120059:02 AM Approved By fi1omaiÞWide:. Opeto1tions Director Date PIJblic tlt!liU"s Public Utl!i it~$ OfWratlon~ 312312005 II :40 AM Apprond By Paul Matta\.l~¡;:h WllùHDirector DJte Public !JIUlthHò WÖltC:1 :112.1J2005 10:00 AM Approved By Mlkl! Hauer A(;( ui$;ltlDI\ Manageor Date: Administratil/t': S~rvlt.es. fturch.nirlg 312>11200510:14 AM Appro\'ed By S\twnCÖlrl't1!11 Purch¡u¡h1-;JIGeneral S...c.~ Dlf~r.t )f Dale Admln.lstrative Services PUrchasJng JfZS¡200S 10:52 AM Approved By James W, DeLany Public UtHlti~~ Þ,dmini$tro1tor Oat!! Public UtIlities Public UtillUes Adtnil1!5.bfttion 312812005 2:1\1 ~\M Approved By OMS Coordlnnlor Adntinistrativ(j As!sistant D31& Còunly Man..ger':i OfJ'lce Office of Managenlent & Budget 3/2912{)QS :z:.SIJ PM Approved By Susan U:sher S(lnior ManagementJ8ud.get Anmyst Date Co.unty M.111uget':I; omce Office or Matlac;letnent & Budget 3/2!U2005 4:21 PM Approved By M!chael Smykow$;kl M.magernenl & Budget Director Dat~ CO\Jnty WI<lrlager'5- Of!'1c;:(': Offi¢p. 01 Managtuuel\t & ß>Jdgct J.ì30!2005 t :01 AM Approved By Jal"fll:H; V. Mudd COUl1tyMafl3ger Oa\e Board ot County COrnml5.lfion!!l:!i Count)" Manage!"!; OfficI?' "'.'2!~0t15 1 :25 PM 01.[)0) .- 0 "- üOO (DNo::t '-Ña> ci...- OJ z:crf EO. :ê« ro -0 c a> OJ « <;::¡. "" ~ '" 5 g:. Ç/';. 'ãi rh 0 ¡:¡¡ ø J¿ D:: Õ In Z ~ S't) X (;- r:: c.. v "" .b'R 5;? ffij ~.. E L. 111 t]) ",,:.. ~~ c"'- ~'6 .a: v ûø Q.." 0 l~ m Q :>-'>- >. >- >- ;>. :>- >- >- >- >- õ '" 0: .. c:.. >->->- >- >- ," u: E ,0 iE' lô !w ICi ¡ , z ;:. ã$ 0> ~ ~ ~ -" u '" 5 "E ~ ¿ "~, '.'..1 '" ~~:~ . , )-':~ r ..,-......... ~~ ~.- X\ , / 'I "-", .., -to q, ~ <JJ wE .?~ ;!! ~ E '" :â õ; ,~ ~ "0 <:: ro --(h'< ;-§ -üj ; 6 g ìU~ ø HlJ Q "£ \l) £~ ,~ ~ §C::: ;:;:0 !ji~ .u.; ...: 11: ' ~,~ ~~ ¡~ ~ : In C_ Iii .75 <;) '" E"::: =;Ô~ o ern ~~Š~ '5ffi ifª_ en, C::' ::::; t:. Ð: o_Æ c'<u w ? -..2 >- ·Z·~ ~'- ): ,~.;ZÆ -.J' (jj '>:...0 Çl) ~;---~ ;J ;:I:~'c:::..; :.:;-'~ -CSi r3 E '-;=' ß:'·;::; 0.__ -):~ r.n o. t: u'z ~:_.'q) ~ s: ~;~ >- c C'=--u )t¡ ~ '-"52 ~'t:',- ø .Eõ -= ro!á3~;;?,Q ~ '5-. ~:~ is' ê ,roo ~ ::; ~'~,~ mE: ~ ~~~iS,~ ~ ¡ ~:~:~ iHHnn ¡$:~ ~8:~ 8-ði&o ;;¡:-6;,0 'tl.1.. ~ ~m -N...J ~'ã>:< ¿:.g 5 "" i:...... ,§~ t-: (¡¡ >~ 12 .~ ~ æ g tÆ~1 ;:':' "" ò>j' ;:'t"::'c:;:; ~£~I' ¿s§;~ Agenda Item No. 16C10 April 12, 2005 Page 5 of 9 MEMORANDUM Collier County Public Utilities Division Water Department To: Jim DeLony, Administrator, Public Utilities Division From: Paul Mattausch, Director, water Department Date: January 21, 2005 Subject: Membrane Softening Filter Element Replacement North County Regional Water Treatment Plant The purpose of this Technical Memorandum is to address the timing of the replacement of the nanofiltration elements (membrane softening elements) at the North County Regional Water Treatment Plant, and to provide justification for the approval to replace these filter elements. Water Department staff has thoroughly researched all aspects of filter replacement, including the expected lifetime of the current filters, water production efficiencies, membrane element cleaning, water source implications, and projected electrical cost savings. HISTORY Hydranautics was the manufacturer of the original membrane softening elements that were installed when the North County Regional Water Treatment Plant (NCRWTP) was first placed into operation in December 1993. The membrane softening elements were PVD-1 membranes; PVD is an acronym for Poly Vinyl-chloride Derivative, which was the material used in the production of these membrane elements. A notable feature of this particular membrane-softening element was its ability to withstand aggressive cleaning procedures, i.e., the use of oxidant chemicals such as hydrogen peroxide to clean the membrane surface. The Hydranautics elements were in service for a total of seven years. When the decision was made to replace the membrane softening elements, it was found that the PVD-1 membranes were no longer manufactured and therefore not available. A specification was developed and several membrane manufacturers provided bids. The element selected for the replacement of the PVD-1 membrane softening elements was manufactured by Tri-Sep Corporation, and are referred to as TS-80 membranes. This element is manufactured using a Polyamide Composite NCRWTP Membrane Filler Element Replacement Page 1 of 5 Agenda Item No. 16C10 April 12, 2005 Page 6 of 9 material, and is commonly referred to as a TFC membrane; TFC is an acronym for Thin Film Composite. The Tri-Sep elements were installed in December 2000. The following infonnation is provided as a comparison of the two different membrane- softening elements that have been used in the water treatment process at the NCRWTP. The table includes information comparing the percent recovery for each element type, feed water required (Million Gallons per Day, or MGD), total water production (in Billion Gallons, BG) from each element set, years in service, and the average water production (annually, in Billion Gallons, and daily, in Million Gallons). Required Average Water Average Water % Feed Water Total Years Production Production Recovery per 2 MGD Production Gallons per Gallons per skid Year Dav PVD-1 90% 2.222 MGD 16.005 BG 7 2.286 BG 8.947 MG TS-80 85% 2.353 MGD 10.476 BG* 4 2.619 BG* 10.476 MG* * Through December 2004 Warranty and Exoected Lifetime The original Hydranautics membrane softening elements had been in service for seven years before replacement was deemed to be necessary. The membrane manufacturer projects a typical membrane lifetime of five years. Additionally, our research into the replacement timeline experienced by other regional utilities confirms this information. The Tri-Sep membrane softening elements will have been in service for approximately 4% years when the replacement project is completed. A review of membrane element warranties throughout the industry indicates that the standard for membrane warranties is typically a three-year period. After the first year, a prorated share of the membrane replacement costs will be refunded if a membrane begins to fail. In the case of the current membrane installation (Tri-Sep TS-80), the warranty period has expired. Percent Recovery Percent recovery is essentially the efficiency of the membrane softening element; it is a relationship of how much permeate flow (potable water produced from the process) is obtained from the total amount of feed water flow (raw, untreated water being filtered by the process). Percent Recovery is used to determine the quantity of feed water that is necessary to produce the desired permeate quantity. Each treatment process train at the NCRWTP was designed to deliver 2.0 MGD. Therefore, a 2.0 MGD train at 90% recovery will require a total feed water of 2.222 MGD, while the same 2.0 MGD train at 85% recovery will require 2.353 MGD of total feed water to achieve the design permeate flow rate. NCRWTP Membrane Rller Element Replacement; Page 2 of 5 Agenda Item No. 16C10 April 12,2005 Page 7of9 The Tri-Sep membranes required an additional 131,000 Gallons per Day (GPO) of water from the Tamiami Wellfield to each train in order to produce the design rate of 12 MGD of potable water. At a rate of 131,000 GPD of additional feed water required per treatment process train, multiplied by the six treatment process trains that are installed in the NCRWTP, an additional 786,000 GPD of feed water is necessary. This additional quantity of feed water flow (slightly more than % of a million gallons per day) needed to be supplied from the Tamiami Wellfield has required the continuous running of one additional well (each well is designed to deliver approximately one million gallons per day); this additional flow requirement has exerted an additional stress on the Lower Tamiami aquifer. (Note: there was no adjustment to the South Florida Water Management District Water Use Permit applied for at the time the Tri-Sep elements were installed.) Permeate Flow In actual operation, the total water produced by a facility of this type will be somewhat less than the constructed capacity of the facility. Typically, because of maintenance requirements such as element cleaning, instrument calibration, and periodic mechanical equipment maintenance, daily membrane facility production is calculated at a rate of 85% of design. Therefore, a 12 MGD facility (constructed capacity) would be projected to produce an average of 10.2 MGD. The above table indicates that over the four-year period of operation of the Tri-Sep membrane softening elements, an 87.3% permeate production rate was achieved. By comparison, over the seven-year period of operation of the Hydranautics elements, a 74.5% permeate production rate was achieved. This difference in production rate can be attributed to the increasing demand for water that has been placed on treatment facilities due to population growth. Membrane Element Cleanina The material utilized to construct the Hydranautics element was able to withstand aggressive cleaning techniques, i.e. the use of hydrogen peroxide. The Tri-Sep element is constructed of a common material used in current membrane construction; however, the membrane manufacturer would not approve of the use of oxidants such as hydrogen peroxide in its cleaning procedures because of potential irreversible damage to the element. The ability to effectively clean the membrane is critical. Production rates, power consumption, and membrane life expectancy are directly related to the ability to maintain design flux (flow) rates. Water Source The Tamiami source of supply is not ideal as a feed water supply for a membrane softening facility. The existing pretreatment process is inefficient, and does not provide adequate membrane protection. Iron hydroxide is inherent in the feed water, and exists in a colloidal or particulate form. This results in cartridge filter fouling, requiring frequent cleaning and/or replacement of the cartridge filter elements. More importantly, these particulates by-pass the cartridge filters and foul the membranes. This results in NCRWTP Membrane RIter Bement Replacement Page 3 of 5 Agenda Item No. 16C10 Apri/12, 2005 Page 8 of 9 increased feed water pressure, increased power consumption, decreased production, increased cleaning frequency, and reduction of membrane life. Proiected Cost Savinas The following calculations were performed that demonstrate that the replacement of the membrane softening elements will realize an approximate cost savings of $125,800 per year. Feed Flow = 1,650 gallons per minute per treatment process train 140 psi current average feed pressure -100 psi specified feed pressure = 40 psi pressure reduction 40 psi X 2.31 ft head/psi = 92.4 ft head reduction Pumping kW saved = 0.746 X 92.4 ft X 1,650 gpm/ (0.7 X 3,960) = 41.03 kW KWH saved per year = 41.03 kW X 20 hr/day X 365 days/year = 299.519 kWHlyr Savings = 299,519 kWH/yr X $0.07/kWH = $20,966 per year per train Total savings = $20,966 per year per train X 6 trains = $125,796 per year In order to generate the calculations above, the following assumptions were made: 1 psi = 2.31 ft of head 0.746 and 3960 are constants used in calculating electrical energy consumption 0.7 is 70% wire to water efficiency Average 2O-hour days with 365 days per year operation of each train Cost of Power from FPL is $0.07 kWH Utilizing the industry standard lifetime of a membrane, five years, the electrical energy savings will total $628,980. The Water Department recently received bid prices for the replacement of the membrane softening elements at the NCRWTP. The bid cost for the replacement of 2,200 elements is $405 per element, for a total bid price of $891,000 for elements. Additionally, element connectors need to be replaced at a cost of $30,000. The total membrane project replacement cost for materials will be $921,000. Using the electrical energy savings of $628,980 and a total cost of $921,000 for membrane softening element replacement costs, 68.3% of the cost of the membrane replacement will be paid for in cost savings from electrical energy consumption reduction. Additionally a higher amount of water will be able to be treated through the membranes, which has the potential to increase our revenues as customer demand dictates. Other Factors There are numerous variables that contribute to the useful life and ultimate replacement of a membrane-softening element. These are: · Changes in Feed Pressure · Permeate Production - GPD · Total Permeate Production - Historical · Fouling/scaling potential NCRWTP Membrane Filter Element Replacement; Page 4 of 5 Agenda Item No. 16C10 April 12, 2005 Page 9 of 9 · Frequency of Cleaning · Membrane performance before/after cleaning · Power Consumption · Salt Passage · Feed Water Quality - General · Feed Water Quality - Identified Foulants · Feed Water Quality - Unusual Foulants · Operational/Process Control Issues · Loss of Permeate Production Capacity While it is difficult to place a dollar value on certain of these operational variables, the recovery of permeate production capacity and the increased efficiency of the water treatment process is critical to the utilization of resources and the ability to meet the demand for potable water. Reauested Action In order to restore the design production capacity of the facility and improve the efficiency with a resulting reduction in energy consumption, it is time to replace the membranes currently in service. A project to improve the efficiency of the pretreatment process is currently nearing completion; this project includes the retrofit of the existing cartridge filter housings to change the type of cartridge filter utilized to effectively decrease solids by-pass in that critical process. This project will be completed prior to membrane replacement, and will provide a higher level of protection for the new membranes. The replacement membrane selected must be suited for treating Tamiami feed water and must have the capability of being effectively cleaned. The percentage of salt passage allowed by the membranes needs to be such that the permeate produced by the membrane softening process will blend with and effectively buffer the permeate produced from the reverse osmosis process, producing a stable overall plant product. A specification was developed and forwarded to several membrane manufacturers. Additionally, on site meetings were conducted with the individual manufacturers to specifically review our needs and particular circumstances. Absent a pilot study for potential membranes, our current procurement strategy should result in a replacement membrane that is sufficient to meet our requirements. Funding is available for this project in the FY 05 Budget in the amount of $1,000,000. The Water Department requests approval to present Bid Number 05-3757 to the Board of County Commissioners for approval. NCRWTP Membrane Filter Element Replacement; Page 5 of 5 _.,-,---~' Agenda Item No. 16C11 April 12, 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to reject both bids received for the North County Regional Water Treatment Plant (NCRWTP) Generator Switchgear Upgrades project, Project 70069, resulting in no costs incurred. OBJECTIVE: To obtain Board approval to both reject bids received for the NCRWTP Generator Switchgear Upgrades project because they exceeded both the engineer's estimate and the available budget. The public purpose is to provide the Collier County water rate payers equitable value for all work that is perfonned for Collier County. CONSIDERATIONS: Scope: This project included the installation of new paralleling switchgear, new feeder cables, a reconfiguration of the electrical busses, and implementation of a bumpless (uninterrupted transfer) ftom FP&L-supplied power and emergency generator power so that the plant would not have to be shutdown and restarted during the power transfer. This would ensure a seamless reliable system to meet peak water demands. Legal. Purchasing. and/or Finance Dq>artment Guidance: The action being recommended is __ endorsed by the Purchasing Department. The Water Department concurs with this recommendation. Vendor Selection: On December 31, 2004, Bid #05-3768 was advertised and seventy-seven (77) notices were sent to prospective bidders. On February 3, 2005 sealed bids were opened for this project. Two bid responses were received as follows: Bidder E. B. Simmonds Gulf States, Inc. Amount $4,135,000.00 $4,174,850.00 The design engineer for the project, Metcalf & Eddy, Inc., (M&E) has reviewed the bids, including individual equipment and labor pricing, and has deemed the low bid excessive. The low bid exceeds both the engineer's cost estimate of $1,790,000 and the available FY05 budget of $2,275,036 for the project. Both staff and M&E have evaluated the bids and concur that both bids should be rejected. M&E's review and recommendation letter dated February 18, 2005 is attached for reference. Staff will independently obtain a third party value engineering and constructability assessment of the scope of work and the low bid. If improvements are recommended, they will be incorporated into revised design and bid documents. FISCAL IMP ACT: None - GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan reJated to this action. This project scope is consistent with the 2003 Water Master Plan adopted .- Agenda Item No. 16C 11 April 12, 2005 Reject Bids 05-3768--Generator Switchgear Upgrades - NCRWTP Page 2 of 8 Page 2 by the Board on 5/25/04, Item tOeD), and the FY05 Water Capital Budget adopted by the Board on 9/23/04. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District: A. Reject both bids received for the North County Regional Water Treatment Plant Generator Switchgear Upgrades project, Project 70069 PREPARED BY: Peter Schalt, PMP, Interim Principal Project Manager, Public Utilities Engineering Department ~. ~ Item Number Item Summar~ Meeting Date Agenda Item No. 16C11 April 12, 2005 rage 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C11 r-<~t:'on~r]ler!d¡~tior, t() f't:jeçt t)o!11 Old$ r~(;r::i'ywi It,r the ~jarH! C(!unty Rt:gÌ;)I~a¡ 'Nater Tr~atrneni Plant (!\iC;HWTP) GmH!r3t{lr Swkhge,,¡r UI)f¡ra(j(~';; pnJ er.:!, F>r".lect 10059. 1f:!;ulti!"l!J in n() costs in"urred 4/12/20r:5 800 DO ,t..M Pr.t(!'r SchaU. PMP Senior pwject M wager 3/211200.5 H:15:3:1 AM Prepared By P'ubaic UtJIlttes. Date Public Utilities Engineering P<lmj!'I" Libby Water Q~fa"ons Manager rMt" Approved By Public UtiUtJes Water 3121J200511:24 AM Oper<rtlof1;s Director DSIt: Approved By Thl;)mas Wides PubHc UWitir.!$ P'Jblic UtllHie$ Opemtton.!ì ;:1:1211200512:21 PM Paw' NattalJ~H:h Wati!!rOlri!!ctør Date Approved By PlJhUc tJIIUt11T-1i WatcH J123/20051Q:04AM Prh1t:lpal P''-'Ject Matl:sqer Out!!: Approved By William D. Mullin, PE: PI/bUG Utllltir.$ Public LltIIlfjœ~ Eng(nc~!n9 JI24/20n51Q:J6 AM L'{n Wood P1Jrcha!iing Agent i)ale Appro"ed By Admlnlstr<lthlil!' Services ¡"urehaslny 3J1512005 12:36 PM Ste-vP. CilmeU Purcha:>inglGeneral .sVC'Ii DIrector Do1t~ Approved By ^dmin¡stfathl~ Services. Pu,C"hash\Q 3/2Brz005 9:16 AM RoyB. Anderson, P.E. Public UtilUhu. E.ngln!tl:lrlnr,¡ Director Dale Appron-d By Public Utlhtl~s. PUblic Utilities. Engineering 312"'2005 1 :35 PM PubHc Utilities AdministratN Oilt!! Approved By J.1mes W. ()I!oLotW PubHc UIUlth~!i PUbliC Utl!lt!e!l Admini,tratlo!'1 J/28/2005 4:58 PM OMB Coordinator Adminl..tratlvE: A..slstant Date Approved By COIJllly Manager'$. Offi(~E! Offi~e of t.,!õlrlagr.l1Ient & BudOr.t 3./29/20052:51 PM SenlOf f-,1anagelneritfBw:lget AI).!Iì)f!it D,¡¡le Appro'\'ed By !hJ!liln Ui;thH County tA.arulg~f's OtficP. OfficI!> of Manugemr:nt Ii. Budget 3/2912005 ~:31 PM MIchael S!nykows;kl Mi!JIl'\é.lge!ner!t & Budgll!t Direct!)! ()ate Approved B)' County M¡m.ager's QfficE:: OfTic.r. of M.1nagnment & Budf.lð'l 313U{;¡OUS 6:27 PM Approved By .James V Mudd Boud of County C;ommiS5ionNs (';ounly M.1n.agf':r Dale County Manaoer'1ó OttlCI' 4Mt.l005 8:52 AM Agenda Item No. 16C 11 April 12, 2005 Page 4 of 8 FACTSBEETSUPPLEMENT Recommendation to reject both bids received for the North County Regional Water Treatment Plant (NCRWTP) Generator Switchgear Upgrades project, Project 70069, resulting in no costs incurred. · The cUITent system has four diesel driven generators that are a part of the emergency power distribution system. · They were originally designed and constructed so that each generator is an independent system, each serving one fourth of the total plant load. · Each individual generator cannot be interconnected with the others as configured at this time. · Therefore, when Florida Power & Light Company (FP&L)-supplied electric power is lost or unavailable, all four generators must run in order to power the plant at full capacity. · If anyone generator fails, the plant treatment capacity would be reduced by up to one fourth. · Also in its cUITent configuration, it is impossible to switch from FP&L-supplied power to emergency generator power without a total power interruption to the plant. · This project was to be implemented to address several limitations inherent in the existing emergency generator system at the NCRWTP. · On January 13, 2004, Item 16(C)(5), the Board approved an engineering services Work Order ME-FT-Q4.-02 with consulting engineer, Metcalf & Eddy (M&E) in the amount of $247,438 to design a correction to the limitations described above and to improve reliability of the emergency power system. · The design was completed in December 2004. The engineer's construction cost estimate was $1,790,000. Agenda Item No. 16C 11 April 12, 2005 Page 5 of 8 EVENT Land Acqul.ltlon IV Land UIIII Zenln IV o.Ign/Permlt "21,_ COl1lltructlon '1,'1'11.. In.pectlon .11..... Project Total $2.Q7,'" Project Name: NCRWTP Generator Switchgear Upgrades Recommended Action: Recommendation to reject both bids received for the North County Regional Water Treatment Plant (NCRWTP) Generator Switchgear Upgrades project, Project 70069, resulting in no costs incurred. "'.........-.-".' .~. Metcalf & Eddy AN AECOM COMPANY Agenda Item No. 16C 11 April 12. 2005 Page 6 of 8 P. !'. F.. r). '05 FEB 2 5 P!~ 3: 56 February 18, 2005 Mr. Peter Schalt, PMP Collier County Government Center Public Utilities Engineering 3301 E. Tamiami Trail Naples, Florida 34112 Subject: North County Regional Water Treatment Plant (NCRWTP) Standby Power Distribution Upgrade Review of Bids Dear Mr. Schalt: Metcalf & Eddy has reviewed the bids for the NCRWTP Standby Power Distribution Upgrade project. E.B. Simmonds has submitted a bid in the amount of $4,135,000.00, and Gulf States, Inc. has submitted a bid in the amount of $4,174,850.00. We recommend that the County reject both bids. The cost submitted by both of the bidders is significantly higher than our construction cost estimate prepared for this project and does not appear to be fair and reasonable for this work. Market conditions in the Naples area and the increased construction demand caused by the impact of the 2004 hunicanes may have inflated the cost. In addition, discussions with the generator vendor indicates that there may have been some confusion about the scope of work required to overhaul the existing generators. We recommend that the design be reviewed to identify scope items which can be eliminated and which may not be necessary to implement the base scope or those items which may be adjusted to reduce cost. Some elements that may be deleted or modified include: D Testing, evaluation, cleaning, and overhaul of the four existing generator sets o Extended warranty (5 years) for the new switchgear and existing generator sets o Service contract (5 years) for the new switchgear and existing generator sets D Eliminate requirement for on-site facilities o Extend the construction schedule o Allow for longer plant outages We are reviewing the bid documents and cost estimate internally. We recommend that a Value Engineering (VE) evaluation be performed on the current design to verify the original construction cost estimate, and to identify where the costs can be lowered. Revised bidding Metcalf & Eddy, Inc. 3740 Executive Way Miramar, Florida 333025 Phone: 954-450-7770 Fax: 954-450-5100 Agenda Item No. 16C 11 April 12, 2005 Page 7 of 8 Mr. Peter Schalt February 18, 2005 Page 2 documents can be provided based on the recommendations of the internal reviews and VB review. We recommend that the County re-bid the project for fiscal year '06. Based on the VB reviews, the County may elect to revise the budget for this project or reduce the scope of work to fit within the cun-ent budget. Metcalf & Eddy is committed to provide the correct project to the County; the project which meets the operational requirement for the plant and one that fits within the County's budget. Should you have any questions, or require additional information, please do not hesitate to call. Sincerely, METCALF & EDDY, INC. 2=~j~ Project Manager cc: Mark B1anchard Alejandro Toro Nick Cooper ...... LO cb-- ij ..,....O~ 0) Ü~Q. > ~ -~.~ NaJ>O) 0""'" ~ Ct:: Z = ~!Vn '- 0 E~:w ~ 2 oro - z~ ro 0 <:J m c Q. Q) 0) « -~ -0 ~N o (f).... ...C") G) ... -0) G)D 11. E ;..: ~ G) 0) ~o c: .. as-e ~m _ 0 ~ 0 .~Q. em 11. ro o - c: Q) E - as !!! I- ... - ,S -0) as-e ~~ -R ~:;) .2 c: 0)0 œ:w Ct::E ~:s c: 0 ::¡- 00~ 0"'0 €~N OQ.C") ;z: >. ~ ;x,:g~ COc:'" ~!I~ &bCl)LL. °ëiú -em::¡ ëãã:Q III -e c: o E E êi) as u.i o .E fIÎ ,g,¡ S CI) ...... "S e!) o ~ o o o o o 0) ri ~ 80000 0000 c::ic::icici8' 0'0 0101 00000 o 0 I.Õ 0 100 O....~NC") ~~ ~I....o i~ O' ° ° 0 ° 0'1 0000 g g g gig ~, co' o. °0 o. o. 0' 0) 0010010 (") O....~NCO ~ N~ ~ 0 C") ~ ;:! ~ .... :5 ~ I .~ ~ j i 8 g '§. ~ c: ro E c: ~ ¡'E ::I 1m U'J =~ '0 0 "E.¡;:¡ gc.8æ ~ mE oE8'c: ii H t~~ Rc.:e,gIDG) :;)E"'Cc:ëCt:: ã 80 881~12(g :w ~ c: œl II) c: m ::I c: œ:5~>~ ~ :ê 0) Q)......' ge i:i5 .21 û) E ~ OJ - ii i5 B ~ ~.§ ~ '~.... ...O::l....E"'ro CDO ....... O)..c:x G) c:=.... oo....w..... ooo....c:_~ .... ;æ Il. ~ 8.2 CJ) i5 0 .!!!'>-c:: c" ........... 'C:g 0las ~~ e! e! ~c:ü3:CI)::I~~ ..SQ).2CDeQ)Q) Q (f);; <{ £; Ie!) C!) C!) E :! ....N M'VIO __ _ _u ...¡ Q ãi ..J ~ o I- - c: ëii Il. "'C c: .... m 'N:~ Q) 0 ~~ Q) ~ ~::I «0 -e0 -ee «11. , ! o o ci 10 (") o .... ~ 1>,>-1>- >- >- >-1 , I o o ci 10 0) co° .... ~ , >->->->->->- ~ .B LL. ffil Q¡ Q m LL. o W Ct::CI)U WiCt::Z c::: 0 W, I- :;) I- æ! CI) t5 gü WII- W « Q.IUjCt:: LL. ~«W ž~ LL.,~ ~ « uO [ü/u. ~ a1 f- !å: 01 ...J=>zCI)f-Qi « CJ) W 'ü ' - u. ::E J:i_ Z ffiO~~ïig I-I-«wZ « CI)If- a:: 0 9 ::2:J(f)I-Ua1 co ¡ I I - >- >- .... ...... o Q) 0) ro Q. = '~I -e ~ -e II) ~ c ~ o « E ::I -e c: II) -e -e « 'ì , ~ . " <,~ ì.;: ~~ ~~ ~~ :: "'C ~ '" ã5 " . ~ ~ ~.~ ~ ~~hl ....J""'-''::!!: .....ûj c: en 0) 0) CI.5 «I~ Agenda Item No. 16C12 April 12, 2005 Page 1 of 8 ,- EXECUTIVE SUMMARY Recommendation to approve and execute the attached Real Estate Sales Agreement for the sale of 2.05 acres to The Glades Country Club Apartment Association, Inc. for a net revenue of $228,121. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District (District) declare a 2.05 acre parcel of land located in the Glades development surplus to District needs and approve its sale to The Glades Country Club Apartment Association, Inc. (Buyer). CONSIDERATIONS: In the early 1970's, the Hubschman family developed the area now known as the Glades. The Hubschman family also owned East Naples Water Systems, Inc. which provided water and sewer service to the Glades, Naples Town Center and Winter Park area. As part of the County's program to create one regional utility by taking over privately owned utilities, the County, in July 1986, acquired all of East Naples Water Systems' facilities including a 2.05 acre water plant site (Site) located on Teryl Road in the Glades development. The total purchase price was $5.2 million including $42,300 for the Site. .- The Site was converted to warehouse and office space and has since served as the Water Distribution Department's offices and maintenance yard. Water Distribution has outgrown the Site and will be relocating July 151 to Public Utilities' In-Ground Operation Center located on Mercantile Avenue in Naples Production Park. In addition to meeting its' space needs, the Operation Center will provide improved access to Water Distribution's service territory. With this move, the Site is no longer required for District purposes and is therefore deemed by staff to be surplus and available for disposal. Accordingly, the property was appraised by an independent, licensed, certified, real estate appraiser as having a market value of $225,500. In accordance with Florida Statute requirements for the sale of real estate by county government, an add soliciting bids of at least $225,500 for the Site was published in the Naples Daily News, once a week for two consecutive weeks. Staff received one proposal, an offer of $232,631 from the Buyer. The terms of the sale include a deposit of$23,263.10 with the balance of $209,367.90 paid in cash at closing. The Buyer will also reimburse the County at closing for the cost of the Naples Daily News advertisement. The property and its existing improvements are being sold "as is" with no warranty given as to size and condition. The attached Real Estate Sales Agreement covering this transaction has been approved by the County Attorney's Office. FISCAL IMPACT: The net proceeds from the sale will be approximately $228,121 calculated by subtracting the associated expenses of $4,510 (cost of appraisal and recording the deed) from the total sales price of $232,631. Associated expenses were paid from County Water/Sewer Operating Fund 408 and the revenue will be deposited in the same fund. ~ GROWTH MANAGEMENT IMPACT: This sale is not inconsistent with the County's Growth Management or Master Water Plans. Agenda Item No. 16C12 April 12, 2005 Page 2 of 8 ".- RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District: l. Declare the 2.05 acre Site surplus to District needs; and 2. Approve the attached Real Estate Sales Agreement and authorize the Chairman to execute the Agreement on behalf ofthe Board; and 3. Authorize the Chairman to execute the conveyance deed once prepared and approved by the County Attorney's Office; and 4. Authorize staff to deposit the funds received from this sale into the appropriate account; and 5. Direct staff to follow appropriate closing procedures, and to record the deed, once approved by County Attorney's Office, in the Collier County Public Records. PREPARED BY: Toni Mott, Property Acquisition & Sales Manager Real Estate Services / Facilities Management Department .-- ,-.. Agenda Item No. 16C12 April 12, 2.005 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 11em Number 11em Summary 16C'\2 R~('.on1f)\endatl(in 10 approve and ~:œr..llttl the ..tta:;hed Re;.Ü b;ta~e S;.¡I~5 .~rt!t!ment t'~1" rr,~ fial~ or 2.05 ¡J[:r!'!'!; to Thf!' Giarie$ Countt',' CI\JtJ Aù;~rl!rli!:n! ÄHsociati(;rl. IrtG for .1 n~1 reven:..;e ,:.f S~28.121 Meeting Date .0\/121200590000 AM Prepared B)' Date Toni A. Mott Real Property SUpc'rvl~or j/2lf'".lOlI5 8:2-1:1.18 AM Adminlstr,¡¡tl¥1!.' Services Facilities Management Approved By Ch.ules E. Carrington, Jr" SRf\lliA Rt?a! E':òta.ttI Services Mnn¡¡¡gcr Date Administrative Servlce¡, Fac.ílltles Management JI21IZoaS 11:54 AM Approved By Pamela Uhby W.1J:t;r O~mtíQl'b M"nag*"f Dal~ ."ubllc UtUlties Wc:rter 3/2212U05 11 :31 AM Approved By Thornil$ Wides Operalion:s Difector DatI? Put:Jllc Utlllth~~ PUblic UtIIltte1:l Opl#la1h::)t' ~ 3'2J/2QOð 8~21 AM Approved By Paul Mattaur.ch Water DIrector Date "ubHc Utllll!er. W;ltet ~/231200S 10~Ol ¡\M Approved By S.kip Camþ, C.f .M, facHitle. Managemttnt Oìret;tot Date Admll1l~trut¡" ~ SetvÎceilo far-Hltle!> ',hmugelnent 3/2.3/2005 2:"'6 PM Approved B)" James. IN. DeLany Public UuHties À.dmini,trator Date Public UtWtles Public UtílHie$ Admìnir.ttatiOf1 3/2812005 2:20 PM Approved By OMB CaordinatDr Adrn¡rtlstrutivf! A!i~hli1nt Da.le Counfr- Manager''!. OtfiÇ.f' Offle;f! of Man<lç emtm! 8. Budget 3/29/2005 Z:52 PM Approved By R¡¡ndy Greenwnld Ma"09~tr"1r,tlßudgat ÄJ'lJI.lyst Oêlt~ Counly ~¡maRer'6 Office omce of Management & Budllf't J/30r¿005 9:34 AM Appro\'c...-d By M¡r.ha~1 smykowllkl M"nilgttrt1enl'& ßudgm: Dirtl¢lc-.r O.al(\ CQunt)' Maflôll!:l~r'$ OfficI'! Office at Marl~Yt!me1nt & Bud~et 3'30/2005 6:m¡¡ PM Approved By James V. Mudd Board Of CO\.mty Commis.slol'lefs County ManaQer DatC' County M¡mager's Office 3/31120056:12 PM """---"" -------- ---._---~---_._._----~ '.' . ' Agenda Item No. 16C12 April 12, 2005 Page 4 of 8 PROJECT: Teryl Road FOLIO NO: 00389520007 REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this day of , 2004, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT hereinafter referred to as SELLER, and, THE GLADES COUNTRY CLUB APTS. ASSOCIATION, INC., hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: I. PREMISES. The real property, which is the subject of this Agreement, (hereinafter referred to as 'Premises") is located in Collier County, Florida, at 818 Teryl Road, Naples, Florida 34112, and described on Exhibit "An attached hereto and made a part hereof. The term Premises when used herein includes the following improvements: all through wall air conditioners, conference room central air conditioning system, all attached cabinetry and countertops, all lockers, all lighting fixtures, all bathroom fixtures, all installed fans, all wiring boxes, and all fencing around the perimeter of the property. 2. SALE and CONVEYANCE. SELLER agrees to sell and convey all of SELLER'S right, title and interest in and to the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the terms and conditions hereinafter set forth. 3. EXECUTION OF AGREEMENT. Execution of this Agreement by BUYER must occur on or before July 14, 2004 with the Agreement being delivered to SELLER before 5 pm on such date. 4. TITLE. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. BUYER'S obligation to close is contingent upon title to the Premises being good and insurable, subject to easements and restrictions common to the platted area. 5. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the Premises is TWO HUNDRED THIRTY-TWO THOUSAND SIX HUNDRED AND THIRTY-ONE DOLLARS ($232,631), payable by BUYER to SELLER. Concurrent, with the execution and delivery to SELLER of this Agreement, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of TWENTY- THREE THOUSAND TWO HUNDRED SIXTY-THREE and 10/100 ($23,263.10) DOLLARS representing ten percent, 10%, of the purchase price. The balance, after credit of the Earnest Money and any prorations and adjustments, shall be paid by BUYER to SELLER at closing of this transaction. 6. DISCLAIMER OF WARRANTIES. BUYER understands and acknowledges that BUYER is purchasing the Premises in an 'AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agi6em<mt ¡¡r.d purch::zir.g the Premises. is not relying on any representations made by SELLER regarding the condition, future development potential, or use of the Premises. BUYER furti1er acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. Without in any way limiting the preceding, BUYER acknowledges and agrees that Buyer hereby waives, releases and discharges any claim that Buyer has, might have had, or may have against the SELLER with respect to the condition of the Premises. 7. PRORATIONS, ADJUSTMENTS and CLOSING COSTS. A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments or special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. --- '. Agenda Item No. 16C12 April 12, 2005 Page 5 of 8 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustment shall be final. B. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. C. BUYER shall pay for all costs associated with this transaction including, but not limited to transfer, documentary taxes, and recording costs for any curative instruments. BUYER agrees to pay the cost of publication of the legal notice soliciting bids on the Premises. SELLER shall pay the costs of recording the conveyance instrument. 8. INSPECTIONS. SELLER shall provide BUYER reasonable access to the Premises so BUYER can have an environmental inspection made. BUYER shall notify SELLER within thirty (30) days of execution of this Agreement by BUYER as to whether the results of the inspection are satisfactory to BUYER. If the inspection is not satisfactory in BUYER'S sole discretion, then BUYER shall have the right to cancel the Agreement, and the Eamest Money, less the cost of publication of the legal notice soliciting bids on the Premises, shall be returned to BUYER. BUYER shall hold SELLER harmless from and against any liability for damage or personal injury caused as a result of BUYER'S inspection of the Premises. 9. DEFAULTS AND TERMINATION. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER's sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be returned to BUYER within thirty (30) days of receipt of Written Notice of default and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES. Any and all costs and expenses incurred by SELLER In connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions, if any), including, without limitation, recording fees, conveyance fees, public notice cost, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of BUYER shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by BUYER as a real estate broker, salesman or representative, in connection with this Agreement, including costs and reasonable attorneys' fees incident thereto. This provision shall survive closing of this transaction. 12. CLOSING. Closing shall take place during normal business hours at the County Attorney's Office, Collie; County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 90 days from the date SELLER executed this Agreement. 13. GENERAL PROVISIONS. A. This Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. .---"-.. .' - Agenda Item No. 16C12 C. No waiver of any provision or condition of this Agreement by any party shalf be valid April 12 2005 unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or Page'6 of 8 similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted, or required to be given hereunder, shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail to the following addresses. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. AS TO SELLER: Collier County Real Estate Services Department Attention: Toni Matt, Acquisition & Sales Supervisor W. Harmon Tumer Building, 4th Floor 3301 East Tamiami Trail, Naples, Florida 34112 WITH A COpy TO: Collier County Attorney's Office Attention: Ellen T. Chadwell, Assistant County Attorney W. Harmon Turner Building, 8th Floor 3301 East Tamiami Trail, Naples, Florida 34112 AS TO BUYER: The Glades Country Club Apartments Association, Inc. Attention: John Cassio, General Manager 174 T eryl Road, Naples, Florida 34112 I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word ·Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjoumed time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. AI! of ths parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Eamest Money shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. ·J Agenda Item No. 16 12 14. OTHER PROVISIONS: April 12, 2 05 Page 7 f 8 A. In the event this Agreement is not approved by SELLER, then SELLER shall return the Earnest Money to BUYER within thirty (30) days of such non-approval by SELLER. B. SELLER has the right to maintain possession of the property until the day of closing. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATAER-SEWER DISTRICT BY: - . _. . . Deputy Clerk FRED W. COYLE, Chairman AS TO PURCHASER: DATED: 11/,4 focr THE GLADES COUNTRY CLUB APTS. ASSOCIATION, INC., a Florida non-profit corporation .~ C~--::----- Witness (Signature) Name: 1..1 """,u ÄPIH....-n:..", ~(print or 'rype) ~JJßL Witness (Signature) Name: í\.\Q"IY\ A S ClotH)<. \(J: (Print or Type) BY: (~ t ___~L1 J PresidentNice President Print Name:?u:H1 £.. IYtld Title: 1''Î~<'1 den+- Address: 174 Teryl Road Naples, FL 34112 Approved as to form and legal sufficiency: .', . / Agenda Item No. 16112 April 12, 2 05 Page 8 f 8 EXHIBIT "A" Page 1 of 1 Commencing at the Northeast comer of Lot 6, Block H, The Glades Unit Two as recorded in Plat Book 10, Page 88, Public Records of Collier County, Florida; thence South 00"18'50" East 25.23 feet along the East boundary of said Plat to the West comer of #9 The Glades Country Club Apartments Condominium also the Northwest comer of Parcel #1 within Fairway #6 of the Glades Golf Course; thence North 89°41' 13" East 1,630.24 feet along the North boundary of The Glades Country Club Apartments No.9 as recorded in Official Record Book 703, Page 922, and The Glades Country Club Apartments No. 10 as recorded in Official Record Book 790, Page 92, Public Records of Collier County, Florida; also the Southerly boundary of Lakewood Unit No. 6 as recorded in Plat Book 12, Page 73, Public Records of Collier County, Florida, to the point of beginning; thence continue along said line North 89°41' 13" East 357.01 feet to the Westerly boundary of Lakewood Unit No.4 as recorded in Plat Book 12, Page 27, Public Records of Collier County, Florida; thence South 00"20'00" West along said Westerly boundary of Lakewood Unit No.4 a distance of 486.19 feet to a comer of said The Glades Country Club Apartments No. 10; Thence West 149.76 feet along the boundary of said The Glades Country Club Apartments No. 10; Thence 541.44 feet along a curve concave to the Southwest, having a cord bearing of North 24°53'22" West, cord of 489.46 feet, central angle of 88"38'04"; Thence continue along the boundary of said The Glades Country Club Apartments No. 10 North 02°15'22" East 40.26 feet to the point of beginning. Agenda Item No. 16C 13 April 12, 2005 Page 1 of 3 EXECUTIVE SUMMARY -,,"'-'- Recommendation to award Bid Number 05-3791 for underground utility supplies to Ferguson Underground Supplies. OBJECTIVE: To obtain Board approval of the award of the annual bid for underground utility supplies. CONSIDERATIONS: A. Public Purpose: The parts to be purchased through Bid No. 05-3791 will be utilized in the operation and maintenance of both the Water and Wastewater Department facilities. B. Scope: The scope of this bid includes parts used in the maintenance and operation of the water distribution and wastewater collection systems. The bid also includes parts used in the two Regional Water Treatment Plants, two Water Reclamation Plants, and the Reclaimed Water system. C. Legal. Purchasing. and/or Finance Department Guidance: The Purchasing Department has been involved in the development of the bid package and approves of the award to the lowest responsive bidder as noted below. D. Procurement: Bid #05-3791 was posted on February 8, 2004 and four bid packages were ,_. received. The requirement to provide National Sanitation Foundation (NSF) Standard 61 certification for all parts that will be used in the public water supply system, as required by Florida Administrative Code (PAC) 62-555.320 (3) b, was defined in the bid package. NSF Standard 61 certification ensures that parts that come into contact with water for human consumption meet certain requirements, including content for lead. Several vendors quoted parts that were not NSF Standard 61 certified, and therefore their bids were rejected. Ferguson was the lowest responsive bidder to all bid package requirements. Attachment A lists the different categories of parts to be procured through this bid. FISCAL IMPACT: A. FY 05 Funding: Funds in the estimated amount of $1,000,000.00 are available in the individual Water and Wastewater cost centers in the County Water/Sewer Operating Fund (408). Actual expenditures will vary depending on the amount of parts required to maintain the District-operated facilities. The source of funds is Water and Wastewater User Fees. GROWTH MANAGEMENT IMPACT: This project will have no impact on growth management. .-' RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, award Bid Number 05-3791 to Fergerson Underground. PREPARED BY: Pamela Libby, Water Distribution Manager, Water Department Agenda Hem No, 16C13 April 12, 2005 Page 2 of 3 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS Item Number Item summary 16C13 Meeting Date P.e~ommef'ldatlofì 10 award Bid Number OE·-3781 ;"e'· un.1er¡¡rour¡d uti!rty !>Uppiies 10 FerguI:>on LJnd€rgrour~d Supplies 4i1 2/20Q5 9'00:00 AM Prepared By Date Pnm~l¡¡ lIbbv W.1t1;'r Operations M;mager 3!2317.UQ51 :27:17 PM f)ubHc Utllltiu Water Approved By John A. Yonko$ky Utility 8111h19 Dirl!'Ctor Date .1ubl c UtIBtlei. uscs 3i23120QS 1:42 riM Approved By P~me:la Libby W.,tar Operatlon:s. t..1anfl Jcr O<1tc PUblic UtlUtJè¡¡ Wutet 3[2312006 5:0~ PM Approved By Paul M~naor.ch Water Dlre-C10r Date P¡ bUc Utmlìr.$ W;uI:cr 3I13i2006 10":20 PM Appro,·I."<I By Jal:k P. Curral! Purcha$!ug Agent Date Adm¡nl:s.tr<ltlve S!~rvlce.$ P\lrch..:s.il'lg 3f241ZQf16 6:53 AM Approved By M k.e Hauer AI;quh,ltion Mal\ag~r Oatil: Adm nÎ,trati'ie Ser'lk:-e!. Purchasit'lQ JI2.t!;!OOS 10:33 AM Approved By SIf':\l1! C<lfrHI!t Purr.h31.1.,g:/Gp.:"",ral Svc::o¡ Qirer.1:r>r Dale Admlnlstriltf'Jl! Services PUfchasin'õ,l 3IZ51200S 11 :04 AM Approved By Jf)!>eph B. ChlJßtham WiI\.tewotor Director Oat~ Public UWlUes WasteWater Treatment 3!25/20UÓ 4;50 PM Apprond By Thoma!> Wid-eli Opli':r<ltíon!> Dirll'ctor Date Public Utilities Public UtlUne:>. Operatløtt5 Ji2S.l2005 12:28 PM Approved By J.!IIYIU W. DeLany f1ub!lc UtllitLes Adm~nlstrator Date Publ~c Utl1ltieiO Public UtHltles Administration 3!28120052:21 PM Approved By DMB Coordinator A[ min ~t'atlve Ass~litBnt Date CQlJnly Mur.agr.r'$ Offir;e OfficI'! of MiJn_gnment &. Budget 3/29/2005 2~52 PM Appro\'ed By Randy Greenwald Mßt >1gementlBudget Analyst D;;Ite County MMlIgCt" Otfi<:e O"l"~ of Manilgl!'ment 8. 8udUet 3{311201)5 8::.15 AM Appro\'ed By 'd r.hilo Smykowski Maniigement & 8IJrigel D r~(;tor DatI!: County Manager's Office 01Ticc of Managf!'lm:nt & Budget 1$31120059:34 AM Approved By Ja.me!iV, Mudd COIJì1.Iy M,lOò1gnr D.11I~ Board 01 County County Manager'5 Orrk... 4/2/2005 1 ;51 PM Commii.>sioner1 Group Description of Vendor to be Designation Group awarded Group Notes Hughes Supply was low bid but did not supply NSF 61 certification. GROUP A Adatpers FERGUSON Group award to Ferguson. Curbstops, Corporation Stops, Hughes Supply was low bid but did not supply NSF 61 certification. GROUP A1 Couplings FERGUSON Group award to Ferguson. Bushings, GROUP B Nipples, Plugs FERGUSON Ferguson low bid. Corcel Corp was low bid but did not supply NSF 61 certification GROUP C Check Valves FERGUSON Group award to Ferguson.. Full Circle GROUP D Clamps FERGUSON Ferguson low bid. Hy-Max Naional Waterworks was low bid but bid wrong product and did not GROUP D1 Couplings FERGUSON supply NSF 61 certification. Group award to Ferguson. GROUP E Elbows FERGUSON Ferguson low bid. Corcel Corp was low bid but did not supply NSF 61 certification GROUP E1 Reducers FERGUSON Group award to Ferguson.. GROUP F Gaskets, T -Bolts FERGUSON FerQuson low bid. GROUP G Gate Valves FERGUSON Ferguson low bid. Butterfly Valves, Air Release Nationl Waterworks was low bid but did not supply NSF GROUP G1 Valves FERGUSON 61 certification. Group award to Ferguson. GROUP H Mega Lugs FERGUSON Ferguson low bid. Meter box, valve GROUP I box, lids FERGUSON Ferguson low bid. Hughes Supply was low bid but did not supply NSF 61 certification. GROUPJ Pipe FERGUSON Group award to Ferguson. Pipe rod GROUP J1 couplings FERGUSON Ferguson only vendor to bid whole group. Sewer Pipe, Wing Nuts, Plug Corcel Corp was low bid but did not supply NSF 61 certification GROUP J2 Valves FERGUSON Group award to Ferguson.. GROUP J3 Test Balls FERGUSON Ferguson low bid. Rubber Hughes Supply was low bid but did not supply NSF 61 certification. GROUP J4 Couplings FERGUSON Group award to Ferguson. Sch 40 PVC 3" GROUP K and above FERGUSON Hughes Supply did not bid whole group. Group award to Ferguson. Sch 80 PVC 3" GROUP K1 and above FERGUSON HUQhes Supply did not bid whole group. Group award to Ferauson. Schedule SDR GROUP K2 26 PVC FERGUSON Hughes Supply did not bid whole group. Group award to Ferguson. CPVC 1/2" and GROUP K3 above FERGUSON Hughes Supply did not bid whole group. Group award to Ferguson. GROUP L Saddles FERGUSON Ferguson low bid. GROUP M Solid Sleeves FERGUSON Ferguson low bid. GROUP N Tubing FERGUSON Ferguson low bid. Glands, Hughes Supply and National Waterworks were low bids but did not GROUP 0 Uniflanges FERGUSON supplv NSF 61 certification. Group award to Ferguson. GROUP P Wyes, Tees FERGUSON Ferguson low bid. Hughes Supply was low bid but did not supply NSF 61 certification. GROUP Q Accessory Kits FERGUSON Group award to Ferguson. GROUP R Flags FERGUSON Ferguson low bid. Hughes Supply was low bid but did not supply NSF 61 certification. GROUP S Camlocks FERGUSON GrouP award to Ferguson. Air Release GROUP T Housings FERGUSON Ferguson low bid. Eclipse Sample GROUP T1 Stations FERGUSON Ferguson low bid. Agenda Item No. 16C13 April 12, 2005 BID 05-3791 UNDERGROUND UTILITY SUPPLIES BID TABULATION SUMMARY Page 3 of 3 Agenda Item No. 16C14 April 12, 2005 Page 1 of 7 - EXECUTIVE SUMMARY Recommendation to approve Payment and Release Agreement (Agreement) with WCI Communities, Inc. and Tiburon Golf Ventures Limited Partnership (collectively "Owner") for damages incurred during the construction of the reclaimed water main along Vanderbilt Beach Road., at a cost not to exceed $37,077, Project Number 74034. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, acting as the Ex-Officio governing Board of the Collier County Water-Sewer District (Board) authorize the payment of $37,050 to the Owner for landscaping that was removed by the County during the construction of the 20" Vanderbilt Beach Reclaimed Water Project between Airport Road and Livingston Road (project). CONSIDERATION: The 20" Vanderbilt Beach Reclaimed Water Project provided for the construction of a new reclaimed water main between Airport Pulling Road and Livingston Road to provide the capability of looping the system to increase flow and pressure to users. The Board approved agenda item 16C6 on November 13, 2001, to accept all Utility Easements required for the Project. The Owner donated the necessary Utility Easements with the provision that the County would restore and/or replace any and all landscaping and other improvements located within the easement areas that are damaged or removed by the County during construction. "- A total of 106 buttonwood trees were removed during construction of the project, which is now complete. The trees could not be replaced as there was not sufficient room or in some locations the trees would have been on top of the new pipeline, which is unacceptable. The Collier County Transportation Department, as part of the negotiated price for the purchase of additional right-of-way for the Vanderbilt Beach Road Six-Laning Project, compensated the Owner for 28 of the 106-buttonwood trees. The attached Payment and Release Agreement provides compensation to the Owner for the remaining 78 trees at $475 per tree, and releases the County ITom any and all other claims brought about by the Owner, as they relate to the County's installation of the reclaimed water main. The agreed upon price per tree is consistent with the cost estimated by landscape specialists in the Transportation Division and the Parks and Recreation Department. The Payment and Release Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Division. The Clerk of Courts, Finance Department has reviewed this executive summary and related infonnation. FISCAL IMPACT: The total cost of this transaction will not exceed $37,077 ($37,050 damage settlement and $27 for recording of the Agreement.) Funds in the amount of $37,077 are available for this project. The source of funds is Sewer Impact Fees (413). --- GROWTH MANAGEMENT IMP ACT: Thìs project was constructed as part of the County's effluent resource management system. Effluent resource management is consistent with the Collier County Growth Management Plan which states that the County will continue - -- --, .~.._,J,"...~,_..,. Agenda Item No. 16C14 April 12, 2005 Page 2 of 7 to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and groundwater supplies. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Payment and Release Agreement; and 2. Authorize Chainnan Coyle to execute the Agreement on behalf ofthe Board; and. 3. Authorize staff to prepare related vouchers and Warrants for payment. PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales· Real Estate Services / Facilities Management Department Agenda Hem No, 16C14 April 12, ,'005 Pa':JÐ 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C'I4 Meeting Date R~C( fI1mp.nd¡~t!o!1 to ¡jp~Jro"f.' Payment ¿;n(j H~'e'¡l'¡.e .';91p.~rnenll^grel!:merlt) I.'/Jth we! CCllwmlri!he$, Inc and TibUfQn G<.)1f Ve"tl;re~> L.i¡Y!ile-<! ;,}ar\tum¡~;i(J ((;(:I¡ed''~11 "OW!1t':¡") for damages incurred durir,g the oonstruc1ion of the redr¡imed watp.t main aior,g Vanderbilt Beach Road, at 3 cost not 10 e;.:ceed $37,077, Project Number 74034 4112ti005 9 DD-DC} AM Approved By Rona!d F, DiH,mJ. p, E. $( niQr Pml~t ~an.ger Date- Public Utilities PUblic Utilities Eng\nl!ering 3/204/2005 9:.46 AM Approved By \-v!lIj¡¡m D. Mumf1. PE Princ!pal Project Mnnager Date ¡}ub1lc Utilities rub!!.:;: UtilIties Engineering 312.41200510:.4S AM Approved By Ch.rles E. CIIr\'!ngton, Jr., SRJWA Rna! E<;;tiJte Service!> Managc-r Oi1t~ Admmis.tratlve Servic~s FiJcillties M,¡¡nagement 3/2<112005 .t;3l PM Approved By Skip Camp, G.F.M. FadliUas t/.,lnaQcnnmt Director Dale Admlnlstlatl'le ServÎ(.'es F'adUtle$ Man.tyemenl 312512QI)5 9:55 AM Approved By rhomas \~ide$ Operations, Director Date Public UUliti~s Pub!1c UUlltle~ Opelatlon$. 3/28120<Ui 12:27 PM Apprond By f.I.oy S. Aoú~r!tcm. P,E.. Public Utilities Englnl!!ertng Director Date Public UtlhtJr.s PlJblic: Utilities EnolMr,rlng ,1128'20052:19 PM Approved By .Jaml!:~ W. DeLony Public- UtlJlbes- Adrulnlstrlllwl Date Pub1ic;lWlltíp'5 P\lblic UtHjtifH' Aòm¡ni:i!r¡rt¡on 3/28fZU05 2:l5 PM Approved By OMB C()urdinator Adtl'lh11slrative Auitit¡¡nt Date County M¡m.1Qer's Office Office of Man;Jgen1t~nt & Budget 3129/20052:04<4 PM Approved By 51Hian USI1!!r g~'HDt Munilgelncmtt[h.lf:lg!!"t Anal}'lIt Dale CQUlHy Manager's Office Qtfi.ce of Manilgem(!nt & Budget 3/29/2005 4:48 r~M Approved By !tA\(-.h,1t11 smykowski Mölna¡;J1!'mp.nl, /{, Bud~e:' Djr~tor Uat¡¡- County MdT<agÐr's Office Office of M3nagelnent & Budget 415/200510:53 AM Approved By James V, Mudd County Manager Dat~ aoan~ 01 County COlTllni!fsioners COUl,ty MaOafj er's Offi<:;e 4ISJ2005 7:38 PM - . ," Agenda Item No. 16C14 April 12, 2005 Page 4 of 7 PAYMENT AND RELEASE AGREEMENT This Payment and Release Agreement ("Release") is entered into and made on this 318t day of August, 2004 by and between WCI Communities, Inc., and Tiburon Golf Ventures Limited Partnership (collectively "Owner"), and Board of County Commissioners as governing Body of Collier County, Florida and Ex-Officio the Governing Board of the Collier County Water-Sewer District ("County"). WIT N E SSE T H: WHEREAS, on September 20, 2002, the Owner conveyed certain Utility Easements to County for the installation, operation and maintenance of an reclaimed water main, which easements are recorded at O.R. Book 3114 Pages 382 through 388, in the Public Records of Collier County; and WHEREAS, as a condition of the conveyance of these Utility Easements, County agreed to restore and/or replace any/all landscaping and improvements located within the Utility Easements that may be damaged or removed by County during construction; and WHEREAS, County recently excavated the Utility Easements for the installation of the reclaimed water main, thereby removing or causing the removal of 106 buttonwood trees; and WHEREAS, County, after acqwnng these Utility Easements but pnor to recent excavation efforts, negotiated the acquisition of two parcels of land for right-of-way purposes from Owner as part of the Vanderbilt Beach Road widening project, which parcels are encumbered by these Utility Easements; and WHEREAS, as part of the negotiated purchase price of these right-of-way parcels, Owner received compensation for twenty-eight (28) buttonwood trees located within the Utility Easements; and WHEREAS, Owner and County have reached an agreement as to the cost of replacing the buttonwood trees and desire to fully and finally resolve any and all claims, asserted or that could have been asserted by Owner against the County, that relate in any way to or arise directly or indirectly from the County's installation of the reclaimed water main and removal of existing landscaping. NOW, THEREFORE, In consideration of the mutual covenants, promises and considerations set forth in this Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Owner and the County mutually agree to the following: Agenda Item No. 16C14 April 12, 2005 Page 5 of7 1. The foregoing recitals are true and accurate and are incorporated by reference into this Release. 2. County shall pay to Owner the amount of Thirty Seven Thousand and Fifty and No/tOO Dollars ($37,050) within forty-five (45) days of the execution of this Release by County. County will issue check(s) made payable to: "Tiburon Golf Ventures Limited Partnership" 3. Except for any claim to enforce the terms and conditions of this Release, Owner, on behalf of itself, its officers, directors, successors, predecessors, affiliates, heirs and assigns, shall and hereby does fully, finally and unconditionally release, acquit, remise, satisfy and forever discharge County, its successors, assigns, employees, elected officials and agents, from any and all manner of causes of action, suits, debts, claims, damages, liabilities, losses, costs, attorney's fees, expenses, and judgments, whether legal or equitable and whether known or unknown, which Owner has or may have against County arising out of or relating in any way to the removal of, or damage to, the landscaping within the Utility Easements prior to the date hereof. 4. Except for any claim to enforce the tenns and conditions of this Release or the provisions of local law, County, on behalf of itself, its officers, directors, successors, predecessors, affiliates and assigns, shall and hereby does fully, finally and unconditionally release, acquit, remise, satisfy and forever discharge Owner, its successors, assigns, employees, officers, directors and agents, from any and all manner of causes of action, suits, debts, claims, damages, liabilities, losses, costs, attorney's fees, expenses, and judgments, whether legal or equitable and whether known or unknown, which County has or may have against Owner arising out of or relating in any way to the removal of the landscaping within the Utility Easements prior to the date hereof. 5. Owner and the County agree that this Release constitutes the entire agreement between them and that there are no other agreements, oral or written, relating in any way to any subject of this Release. In this regard, Owner and the County agree that this Release is the product of mutual negotiation and no doubtful or ambiguous tenn or provision hereof is to be construed more strictly against the party that drafted or prepared any specific term or provision of the Release. This Release does not affect the County's obligation to use the Utility Easements in a manner consistent with the grant of said interests but does supersede and replace all prior agreements and understandings with respect to the subject matter of this Release. 6. This Agreement and Release shall be governed by the laws of the State ofF10rida. 7. This Agreement and Release shall be binding upon the predecessors, successors, transferees, affiliates, heirs, and assigns of Owner and the County. Agenda Item No. 16C14 April 12. 2005 Page 6 of 7 IN WITNESS WHEREOF, WCI Communities, Inc., Tiburon Golf Ventures, L.P., and the Board of County Commissioners as governing Body of Collier County, Florida and Ex- Officio the Governing Board of the Collier County Water-Sewer District have entered into this Agreement and Release on the day and year first above written. DATED: A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA F"~~ ì>''\II Cd{ LE ¡Chairman WCI COMMUNITIES, mc. By: r-::' ~ -:-> 77 M OTJ-IY OI'tJr ~j t. President ¡ Date:--1}U ~ U ßT ~ J , ~ðc) ~ (1) lo A J.I..1 ~ ~c::;),.. -£t< ~ Signature ~ ~ , LA-L~ ~ E1 Ct QTrt:= ~W Printedffyped Name l . \ (2)~ V\(S W - \. M/tf¿ V Q.öð K Printcdffyped~ LIMITED PARTNERSHIP, TlBURON GOLF VENTURES, a Delaware Limited Partnership By: TlBURON GOLF VENTURES, INC., its General Partner By: VIV'IE..W . .. . . I . ~~ ~ (,.~J ~{~~~~ident (j ct:tr:£ ~ \ ~ I d-.\) () 4 -.. Date: Approved as to form and legayufficiency: ~L(~Cy tL~ Ellen T. Chadwell, Assistant County Attorney , L.() r-- 0_ 00 -oNr-- '-Ña> o -r- 0) Z'E&. Eo- ,m« co -0 c: a> OJ « "'III' ('I') o "'III' to- O z 13 CD .- e Q. ii - 15- ea (J ã8lt GØ '''''~ ~I::::,,~ 8 "~ ã ,..\'"'' "~ 8" 3~ ~ NI ð t 't: ã 'ï a 8 ~ ã .. G) - ea ;t "0 G) E iã U & . ~ .c u ea CD a2 W) ~ ~I t ::s:= € Q) "0 C ea > CD E ea Z 13 G) .- e Q. ~ ,,1,, ,~ '1: ,,?J, t! ã 8 ... ... ã '~ ã t! ã ~ ã ... ... ã Š a ~ £i i 13 q, i B ~ q, ... ... o ... \0 Î c c ,e 'S ~ !ž ~ 0 E c I III N .. 0 ~ :¡ '" :. ti c f i 0 ~ '" ::I i 11 = c .. "0 "0 œ 1;; ¡ D. 'I'!'t C C C III e ~ ~ 8 c Q Þ04 a. Agenda Item No. 16C15 April 12, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to make a conditional award of Bid #05-3756 to Mitchell & Stark Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities, in the amount of $5,156,000.00, subject to the Florida Department of Environmental Protection's (FDEP) approval, authorization to incur costs, and authorization for the Board to execute the subject construction contract as required by provisions of the low interest rate State Revolving Fund (SRF) Loan program which will fund this contract, Project Number 71006. OBJECTIVE: To obtain Board approval for a conditional award of a bid to construct pumping and transmission facilities for three lower hawthorn raw water supply wells (constructed under a separate contract) for the North County Regional Water Treatment Plant. The public purpose is to increase the reliability of our water production facilities to ensure adequate capacity to meet the water demands of our customers. CONSIDERATIONS: This item was brought before the Board for approval on March 22, 2005, Item lOG. At that meeting, the Commissioners requested that they first be given the opportunity to review the construction contract prior to approving the item One construction contract was delivered to the Commissioners' Office on March 23, 2005 for review. ,- The scope of this project includes construction of 8,000 lineal feet of 18-inch pipeline, three well buildings, three well pumps, an emergency generator, storm water retention, an access road to each well building, and associated electrical, instrumentation and controls for three lower hawthorn water supply wells for the NCRWTP, resulting in a net increase of approximately three million gallons per day of treatable raw water supply to the NCRWTP. A recommendation for a conditional award of this project is being made because it will be funded by a low interest rate (approximately 3%) SRF loan. One of the specific requirements for eligibility under the SRF program requires that the FDEP provide the final approval, authorization to incur costs, and authorization to the Board to execute the construction contract with the low responsive, responsible bidder. This conditional award will allow the County to secure the bid pricing, and upon written notification by the FDEP, the Board Chairman may execute the construction contract. The County Attorney's Office will approve the contract prior to the Chairman's signature. This has been reviewed with the Clerk's Office and they have no issues with the approach being recommended. Bid #05-3756 was advertised on November 5, 2004 and one hundred and twenty (120) notices were sent to prospective bidders. On December 23, 2004 sealed bids were opened for this project. Four bid responses were received and are listed below: ~, Bidder Amount Mitchell & Stark Construction Co. $5,156,000.00 D.N. Higgins $5,269,000.00 Westra Construction Co. $5,490,600.00 Quality Enterprises, USA $5,635,798.00 The lowest responsible, responsive bid was received ftom Mitchell & Stark Construction Company in the amount of $5,156,000.00, which is lower than the design professional's cost estimate is $5,839,700.00. The bid tabulation is attached. Staff and the design professional, Hazen and Sawyer, have reviewed the bid and qualifications of the low bidder and have determined that Mitchell & Stark Construction Company is qualified and able to perform the required work. Staff concurs with the design professional's assessment that ....,..- Executive Summary Approve Contract 05-3756 Page 2 Agenda Item No. 16C15 April 12, 2005 Page 2 of 9 scope and costs are fair and reasonable, and therefore recommends award to Mitchell & Stark. The design professional's recommendation letter dated December 29,2004 is attached. A timeline is attached which shows schedule and costs of all tasks associated with this project. FISCAL IMPACT: A. FY 05 Funding: Funds in the amount of $5,156,000 will be funded by a low interest rate SRF loan and will be available in Project 71006. The source of funds is Water User Fees. B. Total Estimated Project Costs: This project was intentionally divided into two succinct parts to expedite completion as follows: ,- (1) Construct three Lower Hawthorn wells: Bid No.: 04-3663, includes site preparation, geotechnical investigation, and the construction and testing of three Lower Hawthorn production wells 18N, 19N, and 20N. The Board previously awarded this contract to Diversified Drilling on July 27, 2004, Item 10M, at a construction cost of $3,207,613.00. Additionally, land acquisition costs of $170,000 were incurred. (2) This project as described in the Scope above, Bid No. 05-3756, NCRWTP Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities, includes piping, pumping equipment, electrical, instrumentation/controls, site work, and structural work associated with the equipping of the wells constructed under Bid 04-3663 above, to make them functional wells that supply raw water to the NCRWTP, at a construction cost of $5,156,000.00. Total engineering design and inspection services costs associated with the total project are $622,350. This contract was awarded by the Board to Hazen & Sawyer on December 16, 2003, Item 16(C) (14). Thus, the total project cost for Lower Hawthorn wells 18N, 19N, and 20N in service, producing raw water to the NCRWTP is $9,155,963.00. GROWfØ MANAGEMENT IMP ACT: This project will have no impact on growth management. The proposed contract is consistent with the 2003 Water Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item lOD, and the FY05 Water Capital Budget approved by the Board on September 23, 2004. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: A. Conditionally award Contract 05-3756 to Mitchell & Stark Construction Company in the amount of $5,156,000, after the Board's review of the construction contract as requested at the March 22, 2005 Board meeting. B. Authorize the Chairman to sign the standard construction contract after approval by the County Attorney's Office and after receipt of final written authorization from the FDEP as required by the SRF loan provisions. -" PREPARED BY: Peter Schalt, PMP, Interim Principal Project Manager, Public Utilities Engineering Department 11em Number ttem Summary Meeting Date Agenda ¡ lern No. 16C 15 i\¡>ril 12, 2005 Page 3 oi9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16t~;5 F(el~omt¡~t:ndat!ct1 to makE! ,I !~;)f'1diti(,näl ¡~"'ard ()f 6[0 #05-·375(-; t!) Mitchell 8.. StalK Gonr.tludio!, C()rr:paTlY lor the North Co,mty H~!I'()n;;J1 Weier T~eut¡rl~1'I1 Plant fNCRWTP\ !.()wer H",wthorr1 Wf:!i!;.18t.i 19N, i" nd :WN Pumping and Tra"_1;..mifi.~iún Facilities, in the amount of $5,156;000,00, sUbJeç\ tD the Fiorida Di!partmer1t of Environmet1ta! Prot~ct!on'! iFDEP) apDrO"ai. authorization 10 incur costs. and ¿:¡:..¡thorilatian forthf.: SDard to ~)(eQute ~he Ë-utJjéct ;:;0I1;;(rut..11011 GOhlrac! dl; re-:¡;u:.t:d bì' prr./..islton!:i 01 t',c low IIIt~,egt rate 813le f~e-.¡olv¡r'g Fund (.::iP:F) L.oan pr"¡¡r;~11'1 '.<,i!lir.~¡ WI!! fl,mj t~1i~; c:ontract, F'rOIp-ct r-Jurnb",r 71( [)6 .W2i2005 9'00·00 AM Prepared By 5~n¡or I-'roJecl M¡JI\a9~r 312412U05 8:58'.4\1 AM reter 5ctn'llt, PM!" Putllic.:Utmtie~ [).1II~ PUIJ!I(: Utllltie1i Eflgl"e~r!"g Appro,:ed By f'ame-Ja Libby PUblic UtlliÜM Water Operdtions Manager Date Water :U¡"f2005 9 :03 AM LytI Wt.)od Pun:has!ng Agent D;ate Approved By Adminialr,1tivl!' Srrrvjce:i PUfcha:.ing 3iZ4J2Uò& ;i!:11 PM Approved By Tho'n~!; Wldt!$. Public Utilities. 0pcl.aUonJ. m,et.!Of O<lte PUblic Utilftics. operations 3/2512005 9:JZ AM Paul Mntl"'-tJ!lcll Wl1lerDiff!-ctor f);:¡le Approved By pubric Utilities. Water :H25f20o.s 10:34 AM Approved By Stl!'V~CJlmt!11 ^dminJs.trðtl'/e Selvices. Purc.ha.'S!ngfGan,?t,,1 Svcs- Director DOItc Pure;h,¡¡.¡ng 3/2512005 '11:13 AM Roy 8, And~rsoll, P,E Public UtìlUlcs Engineering Director Dale Approved By Public UUHl!e$ Pub!!!;: Ut flüe$- Entdineerlng 3i291200S 9:18 AM Approved By Jame!i W. Del.ony PlJblì..lJliUti!!J¡ Public Utilities AdmJn~stra1ot Date Public lJlj jtl~:; ArlmJnlslr¡rtion :\12;flJ2I)051fJ:I}OAM Adm!tl\s.trallv.e A$slstønt Oate Approved By CMB Cuordlrwltot Calmly M..rhlGN',$ omc~ om~t! of Man2lgcmel"ll &- ßudgat ,1i29{2005 ::!:59 PM SUsaft Us;her Se-tÜot ManagementtBudget A.lalys! Q;ate Approved By County Mzmngt'n'fo Office OffÍ1;;~ of M(t1H11J~m( 'nt & 8ud ' et 3/30J:!005 9: 39 AM Approved By Michael Smylmws,ltl CoUrtty Manager's Office M;/Ilwge-ment & Budget Dlrectul Date Ol'tiçt} of Mana{JGn1lmt & Budget 4./4.'20052:38 PM CountY Manager Dale Approved By Jan1l!",õ V. Mudd Board of County Commissjont:t~ County Manager's Of1ict.' 4/4120US 1:'1 'iI PM Environmental Engineers & Scíentists Agenda Item No. 16C15 April 12, 2005 Page 4 of 9 ffille" aM Sawyer PC. 4000 Hollywood Boulevard 750N. North Tower Hollywood. FL 33021 954 987,0066 Fax: 954 987-2949 HAzEN AND SAWYER December 29, 2004 Pete Schalt. PMP Principal Project Manager COLLtER COUNTY PUBLtC UTILITIES ENGINEERING DEPARTMENT (PUED) 3301 East TamiamÎ Trail Building H Naples, Florida 34112 NCRWTP Lower Hawthorn Wells 18N, 19N and 20N Pumping and Transmission FacHities Bid No. 05-3756 Recommendation to Award Construction Contract Dear Mr. Schalt The Coflier County Purchasing Department received and opened bids for the above- referenced project on December 23, 2004. A total of four bids were opened and read aloud. According· to the Bid Tabulation prepared by the Collier County Purchasing Department (attached), all four bids were responsive. Based upon our review we consider Mitchell & Stark the lowest priced, responsive and responsible bidder with a Total Bid Price amount of $5,156,000.00 As such, we recommend that the North County Regional Water Treatment Plant lower Hawthom Wells 18N, 19N and 20N Pumping and Transmission Facìlities Bid No. 05- 3756 be awarded to the low bidder, Mitchell & Stark. Note that the Engineer's estimate for this project was $5,839,700.00 We appreciate the opportunity to assist the County with this important project. Please call if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. ~~/~ George A. Brown, P.E. Project Manager c. Alber/MuniZ. Gary BOf'$. Talsl Abt.Ksrsm, John Largey. M"rls MeáIf1S. Don WilliBlT1s. John KoroShÐC. Fife 41010.00111.2 Attsahmern 0/41010L017 it.,\. ·~Ú(~ ~,¡y.. A'J":;Qf'k t,j~' ~ Pr:"iI'Y%":,~ ~A" i~.~h"H 'l·" ;~:J~tn1r, !K . ;-:! :,'(.:t,. ~;(. ~IY~1:' ,;/... ..\:it)¡~2;A· ;":) ';.':~<;:j F¡.. tier;;; Ralï::~ ~L .. h_~ :::'~.<i~r;¿;. 1-'L" T;';rr~;:L fL" ;;Á!;~~:nL~ ~L" C.cva; {;·.¡w:~·: ;'t Agenda Item No. 16C15 April 12, 2005 Page 5 of 9 Fact Sheet Supplement North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities The first phase ofthis project currently under a separate contract, consists of only drilling lower hawthorn wens 18N, 19N, and 20N. It was bid on July 9, 2004, and the Board approved that work on July 27, 2004, Item 10M. The Notice To Proceed is currently awaiting site development plan approval. The work associated with the award of this bid will add the necessary appurtenances to the aforementioned wells being constructed in the first phase, and will allow conveyance of the raw water from the wells 1 8N, 19N, and 20N to the NCRWTP for treatment and ultimate distribution of potable water to our customers. l.()l.()0) ...-o<+- ÜOO (ON(O ...- N" a> 0 'OIt ....- O1N :;'t'E,;u~-Ö a.u.. .. CD E « ë .~ ~ ~ § ~ Be; á3 ß & :¿: z -a .~ 0.. J: z o 1ñ 8 g ~ (1j :J i w ~ -g =1 ãi 0 ~I ~~ O. cì5 Ii) ~- - [ ¡~~ BI c..~EW .. > :::I oðl &~"2 =1 ~ ..~~! III i""O £, :¡; "0 « :Ë: ~cf '~CD e1û 0..0 0$ :e 13 co u. ~.ª ~ .13 E E o ~ ¡~ ~-g'Olt '-mo ~ 0)0 ~c:N ..J 1i M 0.. EN ~æ.8 CX:Z~ ()o ZN · -g c ~ co .. ~z~ J>~O o - CII :2~1ii cc~O I: o ;:; '1: ì! o , ,....~..~,,_..- .. .-..-~.-,. "'-'~.'-'" £i . r¡j' '5- ~ g '§ j .~ = ~ ~ !Q .!II II) 8. -,II 13 g -; i i Sc: ~ :; -~ .!""O:t::'-'..c 8.~ 6 !! ãi 6 ~ !!! '1/1 jl ~ '- rA I.() 0 '; 'S õ E :t1! 'S -S :::I ~.91 co ~ ~ ~ ª" ~ ë ~ 'Ii ª":i ~ ,~ 8 i --11)- I¡: «-mE'- !!!~âí1ti1!1!õ~J:1û:::E'i:€~ o .- E ai - - B 1/1 m - ... ~ c: E§""Oo.e61:.g0¡~0...æ:8 g~i!i ~ i¡t~ii ~i~ ~ .e = ~ .- '5 Q. rA ë I: ....:: 1:: I: ""0 ,Qo ,- Qj :::I c: '1: ·E- U II) 0 QI - ""0 2' ' ¡; 5lI i .- 0 ,- :t:::¡: .~1ti v; I!! ""0 ìIí'rA !:te.B' B.!3 .E ~ i vi ~ 5 Ii S åí III 0.. ""0 c: E i .~ ..: ~ fi E ~ ~ 'ê' -S ~ Ii ~ 8 =æ t) ~ = :Ii! .~ E > ~ ~ õ ,~ .~ ~ ..c !!!..:::: co !R CT,Q c: co ~ u... c ~ë 1I)'õ1¡:: j¡:§õ 5~~ 8.8 o 8~1:~)s 1/Ï2 c:() E= ~e() ¡; - .e ,g .:::1 ~ :5 ¡¡¡ ,g QI .g ~ Õ .is S (is CI .- c: III ..c rA ~ ~.e~·5~ lj! e=æ; ai1'!í'E ~ ~ .E ~ SJ 8- [~ ~.§ f ~ ~ ~ Q. 1ii õ E - :::I ~ 1! £g £1j1 "5 ;;1/Ï'i-gÆ]:gj:: ¡ i~gll)=¡¡õ.g £~:t:::t::m1äcooíll)C: m æ 'õ 'æ 'E 111- g ,5 ~ ~ i 'iñ:::l~l:co1li""Oc: - c: .- c:r 0 ~ a) c: .- ,- co - W .- - :E m 'E ~ii:m"'c:Bi QlSl ~()~Pë¡;=16.~"5 Ö ~~õlQ"5lgã)!åí - d 1ii Ë ~ - i c; m 'ë' ; oE,Qul1I..._:¡:Q. ·Eo!!! E:::I 1II.~.æ :::Ic..""O co,QrAO)I:s¡:¡ c:: ~ ~ :::I 0 .S of¡ Ö ..c () co IIIE= / --as u1ti- ..ë ·1IIS1!-§mc:1II '2- Œ -ª \1 ö ~ ~ :¡¡ '61 ~ I!! Q..!. CD :5 U Il. .¡:: IU ¡;¡~-x£õ.s()O>.¡..; .5 .~ i ~ 'õ 'OIt ~ ~ 11 Õ 0 -;;; EO_C!~CO~d,!Q ." II) ü aI .... c: ,- .... ·c ðCO)!!!~,..I, .-5¡:::Ic.. :e 8'!!!ë Eè5 Q.~CX:¡ E ,¡ ðS ~ <3 ~ ~ ~ It ~ ~ ~ 8 § ~ N f>It 8 ê ~o &t 8 a) ~o .... co ~ o o ~ ci 'OIt ~ C") õ ~ CD CI &. L(jO'J 0...... 00 CONr-- ~ N- IDO V O"-~.. Z'Eo... "t:I 0.. .. Q) E « ë.~ ,g Æ ~ ro ~o:: ~ '5& :i Z ~ ~ c.. ûŠ C 8 ! I ~ ~I ë W ~ ,~ ): â Ij~i!: c..~E~ ki~:J~ O1Z"2 - ~ " -8 ! 1Oã1~1à ::E~ ::E ir; e1lS c..c ":ß ¡¡æ '; u. =i .~ ~ ,~ E 5 o c: .&: ! i.... J:-g~ ælOcs ~ g'N .....I'iS.ri c..EN ~æ! o::zl (.)0 ZN . -g ~IO.. r--z~ C"?<nc 11').... o -C ) "CZ1::! ,- co C'" ct).... .. :! :~ J: Z C UI CJ) <5 .~ <= :§ :2 ¡ C ) 'E :t:: ·clO1::!.&:g! UI'g en 3: Q.~.... ~ £ 8 8·5 ~ S!....¡ 0 ,~ 5 c::-2 "C £ ~. """1 ::: £; II § .g ~ ~ ~ j ~.2r.1~~...~~ - C a¡ UI 12 æ·- 9l:Jë~~:u¡¡¡~~ ì!: j ~ ~ ~ ~ 'Ìij m m j ã1 ::I ë.!:: ~ '; 1;.. >- 4: ~ ! { ~ .~ .m ~ I .~ ~ c: Q.~:t:: ~ e CD =æ 10 '8- 6 10 ¡ 8..~ £; '2 i!: - .... '> ö £; ~ 'õ 8 ~ ~ ¡ 0:: C .8 .- ~ = UI"t:I.!:!~*>-~oc o ·-(I)~;o;ë.cta ' :g, 8;g on£O::O~ '5 cc;:: ""'iw- ì!: alCIOCDC 1iiJ 8~.&:::I . ~ :5 ~ 6 i ~ ! ¡f§ f ëõ IN ....-... 8 8 § g 0 g ~ .... tit tit 8 8 ~ § 8 8 .... C") tit tit 8 8 ª ~ 8 g .... ~ tit ___.__.._.....,.._M_~__··___'.~___·.·______ 8 8 ª § C") 'õ g ~ N .... CD tit tit ~ c.. ~ ~~~-g] I ~~ ~=.1 EQ1 .8 We ·1 iii·~'~,2!~i=.8o ~ii o' ~'fi f{i~'Õ g"ë-'~o > o - 5 ,c ~ ~ 'i ~ 8 ~ § j ! ¡ij pj 'õ 0:: j ~ I ~ î ~ ~ 'II ~ ~ : 1 ~ ] ~ j ~ ~:; a! 'E ~ .S !. Ii ~ ~ = "t:I ...G.!g¡~8·.!!"t:Iow::lalglO õ~-~:;il~1~i~~:i~ i ~ :: r~ ~ ~ .5 g. ~ ,~ 0 ~ ~ 'CD € I ~.~ Q..m :if = ¡ ! - is ! ÌIÍ }¡ = 3: it.! .a! 'S .g .10 ~ 'U .... a¡ ~ ;. ~ g $ ~ I-lQi~jlll~ '~IO.c"2 ~m ~ ~ ; i ~ ~ 1 é 1 ~ i l.~ 1 r~ 5 ~ ..: õ .s.! iií -g::l - ~.! ~.§ 10 .e ~i.81 ~E IO~ ¡a::t.5 10 6'ë ~ I~cn::~ð-.m~ ~ Iña! 8¡ &J 2 j ~ ·m '6 ~ i ~ i .~ ,¡-~ ! I ~ ~ ::t1~~18.§œ(~Lrßo 1-5 ~.!i5 C") l{)l{)(j) ,,-0_ 000 (DNa:> ...- N° Q)(;) 'Ot O"'-~.. Z:eg:. i E ¿ t:!.~ ~ ~ ~ .§ Be; c: .- ( Q) Õ OJ :f Z ~ Q. øl (;) (;) 8 8 .- .- -. (;) (;) 0 § § § .~ It) ~ Ili ~ oj J: ~ æ >- >- >- >-, >- >- >- N Z ... ~ Ili 0 ... : . 8 -----. ,,'. .~ (;) 8 (;) , (;) (;) q¡ c:i 0 ~ ~ C ..- 8 0 tit () ....: t'i g >->-¡>- >->->- I!! ;\ 0) >- ,... 'Ot J ~ Ili ... It) (;) - 8 g . , ~ C'! (;) i ::> .... Iri ~ ~ ~ !;ö 'E ... .... '4 ....: Ili >- >- ,>->- ,>- >- >- W (;) œ ~ .... co ... ~ ~ IV ::J 0 r- - 8 8 8 8 .. ~ ~ Iri c:i § § I N (;) ... It) I að ....: r¡;j g .... 0) >->->->->->- >- "i) .... C'? .... 'fi ... ~ or) :t:! tit ::E I - ..... 'C ... ):' 8 . ,- .g U ,...,~ B¡ ~tS i ~ ~.!!! ã i m iõ B --'E , ~g~ 'I: 'i ~ C jjj' ¡ ; c~ :t:! a.. .- > C 8B ::> =, i ëñ '0:: :5 .5 -g ::> iW i:CD!Q ...I :0 i£ =¡Ü () :0 =~~ . ': ,S ~ ¡ëõ '- Õ It) U. IV 0. ~ ~.!c 0 ... B C C :r: o .- 'i :t=-"g C) en. ,W ""cQ) 'CDÕ ~ i IV ... £cIVo ;:) o::en.~ ~ 'EIV'" o lit ~ 0 w'o::; :t= lit 0 c:¡:¡j a: o::O'w . ~ CD - CD . ::I....'ii: ~ § Z~ "gC.Eo. :r: .... ....UIWI-W: i C C "Og::JE ... U~'Q. U 0::' :t=.5§o ::J ~::J en <C....iX « W C~ o-c Ü (/ U.z ,W ~.... ::I CD .S! .55 0. :=æ ::Iu. Z' .. .s:: ~ rH w zoo - !:: ~.~,~ ~.~ j g ëiiõ....~ !~..H Q ~ ~~~~ ê ....1::1 en'l- 0 "E I !i <c en W it) ~ IX! !~ i ~ .; -u. ::E :r:,_Z o::~CD.! ....I 0::0 W t)...J,O IV J E_ ~ ~'.... Z~ IX! 1:1 :r:: ~~::J~ i C ' .I:. i ~~~ ~;o 9 æ CD o::£~_ ="g:t= S ::J I ¡:. h ...Jenl-ulX! IX! en I . ..,.. ï 'Ë I! 'Ot ~ .5 I « ~ J , ==8 ~~ ¡JJ~ Q. i E ~~~ CD Z C iI III C .. "0 IVi~ :!æq¡ -g~ '~CD Q.iõ c "u¡ ¡g ï~ u. IIJ C =æ .2 ~ .~ E E o 11) ¡~ ~~8 ~ ~N ...I ïS. f')" ~EN ::J ... Q.J¡ O::ZE ()(;)~ Z N a> : -g 0 fß IV ,. ~ZCD , 0) Q::J It) .... (;) "CD "OZiõ ''i5~0 C') õ C') ( CJ ~ Agenda Item No. 16C 15 April 12, 2005 Page 9 of9 Project Name: North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities EVENT COOJI Land Al:qu Isltlon .17a.... n Zonln .... o.lgn/Permlt ~,3111 Construction "",111 Inspection Inalln ....!gn Project Total ",1"'113 Recommendation:_Recommendation to make a conditional award of Bid #05-3756 to Mitchell & Stark Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Faclliti~ in the amount ofS5,156,OOO.OO, subject to the Florida Department of Environmental Protection's (FDEP) approval, authorization to incur costs, and authorization for the Board to execute the subject construction contract as required by provisions of the low interest rate State Revolving Fund (SRF) Loan program wblch will fund this contract, Project Number 71006. W_"""__";<'''_~_____'"'' Agenda Item No. 16C16 April 12, 2005 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve Work Orders UC-092 in the amount of $597,000 and UC-093 in the amount of $397,000 to Douglas N. Higgins Incorporated for the North County Regional Water Treatment Plant (NCRWTP) Mid- Hawthorn Wells, Project Number 71006. OBJECTIVE: To obtain Board approval for two work orders to constmct two Mid-Hawthorn raw water supply wells for the North County Regional Water Treatment Plant to increase the reliability of our water production facilities. CONSIDERATIONS: A. Public Purpose: To increase the reliability of our water production facilities to ensure adequate capacity to meet the water demands of our customers. B. Scope: The scope of this project includes construction of two well houses, two well pumps, site preparation, and associated electrical, instrumentation and controls for two mid-hawthorn water supply wells for the NCRWTP, resulting in a net increase of approximately one million gallons per day of treatable raw water supply to the NCRWTP. ,- C. Legal. Purchasing. and/or Finance Department Guidance: Purchasing has approved the approach being utilized in selecting the contractor. The County Attorney's Office will approve the Work Orders prior to the Chainnan's signature. This has been reviewed with the Clerk's Office and they have no issues with the approach being recommended. D. Procurement: The Board previously approved contracts with several pre-qualified underground utilities contractors under RFP 04-3535. Five of the pre-qualified firms were contacted and asked to provide a quotation for this work. Four underground contractors responded with quotations. On February 11, 2005 sealed quotations were opened for this project. The quotations received are listed below: Bidder Haskins, Inc. Quality Enterprises, USA, Inc. Mitchell and Stark Construction, Inc. Douglas N. Higgins, Inc. RO-lOIN $750,000.00 $749,500.00 $714,000.00 $597,000 RO-I02N $750,000.00 $480,940.00 $431,600.00 $397,000.00 The lowest responsible, responsive quotes were received from Douglas N. Higgins in the amount of $597,000 for ROlOIN and $397,000 for ROlO2N. The bid tabulation is attached. Staff and the design professional, Hazen and Sawyer, have reviewed the quotations and qualifications of the low quoter and have determined that Douglas N. Higgins is qualified and able to perfonn the required work. Staff concurs with the design professional's assessment that scope and costs are fair and reasonable, and therefore recommends award to Douglas N. Higgins. The design professional's recommendation letter dated February 15, 2005 is attached. ,-.- A timeline is attached which shows schedule and costs of all tasks associated with this project. _. Executive Summary Approve Work Order UC092 and UC-093 Page 2 Agenda Item No. 16C 16 April 12, 2005 Page 2 of 12 FISCAL IMPACT: A. FY 05 Funding: Funds in the amount of $994,000 are available in Project 71006. The source of funds is Water User Fees. The proposed work orders are consistent with the FY05 Water Capital Budget approved by the Board on September 23,2004. GROWTH MANAGEMENT IMP ACT: This project will have no impact on growth management. The proposed contract is consistent with the 2003 Water Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 10D. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District approve Work Orders DC-092 and UC-093 as issued to Douglas N. Higgins Incorporated and authorize the Public Utilities Division Administrator to execute. PREPARED BY: Pamela Libby, Water Distribution Manager ",,- .",.-. Item Number Item Summary MlMtting Date Approved By P.nmøli1 Ubby Public Utl!ltí!!!s Agenda Ilem N/). 16C1Ô April 12, 2005 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C"i6 Rf!(,orrHI1f!f,dati,¡rl to al:prove "'¡'¡"Ik OI1. p.r~; UC··D8~~ 'r· the ;¡II"II:,;)r1~ of $5~7000 ¡j 11(i UC-093:n the. ¡~frlOIJllt 01 $387.00010 OOllgl<l5o N. Híq!¡if'¡¡ II1f:orporater1 fm the N(I!'th county ¡~eglol'1:l11 Wat¡¡,! Treatment Plant (NCR"'''''TP't Mld·Ha....1horp. '/lJelis, f"'roject Numbt?f 71006 A/', 212oo 5 9 00 00 ~.M \"late', OperaIJon$ Mafli1{llH Date- Wate. Jr2J12Dù5 5:1J7 PM ~aul Mattauo;,ch Water Director DatI::! Approved By Public- UtlHtles Water 3/2312005 10:21 PM Jack P. Curran PurchasIng AgPnt Date Approved By Aclll\lnls.tratlve Servlc;e~ Purc:has,!l'Ig 3!20412005 6:54 AM Mike Hauer AcquIsition Manager Oatf; Approved By AdmJnistratilfe SE:r\lic~~ Purch.:1sint¡ 312.&1/20(.1510:18 AM Slr.llr. CurnaU Pl,ln;h;~~j"9iG~IIC!1itl 5...1::1- PilC!ctoJ Dale Approved By Admit'lìstraU'JC SlHVlcc5 Purch11....¡ng 31281;200:5 8:04 AM O¡;H!I;aliuns. OitC!clor [)a(r. Approvcd By Thomas. Wi des Public UtUllì(!s Public. Utilities. Ope-rations JI28{;¿005 8:-41 AM Pltl!!;t S..h31t, PMP St:-olm projer.1 Manô1gltf DalC! Approved By Publl¡;- Utllltle:io Publl.;; UtlUthr$o Englneerl'1\) 3/2812005 12·.54 PM Approvoo By Roy B. AI1!J.efs-on, P.t::. PuÞllc Utilities .'ubllc Utilities En9ineetínij DIrector Date PulJ!lt: Utllltl-efl EnglfuHtflflg 3!211J2005 5: Hì PM PIJblic Uti!1ties Adminlstrater Date Approved By Jame$ W. DeLany Public UtWtit!)I. Public UtlHtles Admif!l!¡.tratlö!J ]i29f2ì]OS 9:5$ AM OMS Coordin.a1:of Admlnlstratl'/E! Assistant Date Approved By County ManngN·s Otfiç(' OffiC?- of Manô19~ment & Bud~~t 3il912005 VIS PM Su:¡.ao Ush~r Senior MatlageM1e:ntlBuclget ÄI'I3!y:;.t Q¡lte Approved By County M;¡mager's Office Office (If Manõl.l1Ðmenl a. Budget 3i2':ifZOIJ5 4:41J PM Mlchael5mykow.!Ik! M<lrlagCl'me.nt.&. ßudgut Dire<:16r D3II~ Approved By County M!lnilget'i Off/t;(' Offl!;';!!' of Mana\1emant & Budget 4rSI2005 8:4" AM Jatne.~ V, Mudd Cr,¡\)nty MnnaglH Oatt! Approved By BOllfd of County Comn,¡"slonl::rs County Man8g~r's Office- 4/5120057:24 PM ._.._o....___-··~,- HAzEN AND ~~A\Vf.ER !\Wironmtntal eng!TlI1US &'Scjetlh ¡ts Agenda Item No. 16C16 \WJ,n;«I!;;~. =c. April 12, 2005 2101~e.,IeTa.".j Page 4 of 12 Boc8 RaIIm, FI.. 3'1 m m'97~D t;1d61¡g7-tf~! February 15, 2005 - FaxerJ/Mti11ed Ihi$ Date . Peter Schalt. PMP COLUER COUNTY GCVERNMENT Public: utilitiê$ Engine ~ring 3301 East Tamiamï Trail Build¡ng H NapI9$, Florida 34112 NCRWTP Hawthorn Zon.1 Wells ao..1Ð1N ~!!~ Rq.102N WeD ADDurtenan~iI§", Dear Pete; Four bids for each we!! Nere received from IheCounty's Annual Utility Contractore forH1'W;t~ Zone 1 Wen RO-101N and R0-102N Appurtena11œs on February 11. 2005. A bìd tab\¡¡¡tiOn summary for each well is attached for refefence purposes. The apparent low bidder for Hawthorn Zone 1 Welr R0-101N i$ Douglas N. Higgins. lit::. at $597.000.00. The app~rent!ow bidder based for Hawtltorn Zooe 1 well RO·102N is Dougl¡·s N. Híggil'lS. 1m:. at $397,OCD.OO. The Er;gineer's estimalu for Hawthorn Zone 1 Welt R0-101N APPurtenances \vas $580,001 and $410,000 for HENIthom Zone 1 Well RO.102N ~ces_ The variance in costs fOfJrese contrmcts can be atlribu:ed 10 the following unique features of the project$: 1. t:1ectrica costs associated with the modifications to the exlsllóg wells RO-1IJ and RO-2N .Ii part ot the R.O-"!01N project and the installation of additional fiber \:>pUc cable Te<'ue.sted by COM for tha propO!léd Tamiaml wells at Sites 1 and :2. 2. Exc::avatr.)I') aSSOCiated with underground insl3DatíOn of þ{)Wer and piping due to the smctlrlt of exi9ting underground ulHitíe$ and subsuMœ conditions withr the 9rØð. 3. Use of annual utifity COI'ItracIOr.S it11iè1J of tt1e C011ventiotl;;¡J bid process. 4. Accefera:ed construcfion schedule Teqvinx! to meet the rn:!œsssry subshnlTaJ completJi mdates. 5. IndMdu2i construcüQo contracts IleI'SUS one øroiect fOf both Hawthorn Z<~1e '\ well.s. O:410fIJ.OO3UJfO ~.,.tri;..tr.r..ktbliri",)to"·~~,W(..\~,.,...·"-".ILi-..~"...~.K...~'it..~",,..~,.~.1t~~~,p.." ~"",,"C.t.f',,"'~~~~.'''' ~iA':~I..~,t, "¡'.~.'l\ · - .. --...... -....... - It\ZENANDSAwVER Agenda Item No. 16C16 April 12, 2005 Page50f12 Peter Schell. PM? FeÞM!ty 15, 2(Jf)5 p~2øf2 We have reviaw&d the '¡ds for this important· plY)ject and recommend award of the construction oon\Tad;s {Of RO.1G1N 1I'\ÒR0-102N Appurtenances to DougIK N. Higgins, Inc:. in the am~unts of$597,aOO.OO anO $3H,OOO.OO respeçtlvely. Wry truly ~rs. HAZEN AND SAWYë". P.C. ~-~ -~ John C. KOI'oshec,PE ?rojecl Manager --- c: Paw Mattau'scþ'" CoIIilill' County PiIlPW/it Libby- Co tier COcInty 00n Wrlliall1$ . RK~· AIÞetI Muntz FlJe: "'1()10.003-~ '.2 0;<41010.003$.010 w~_.".__,_._._~ .. <DLr.lN ...-0...- 0°- I- <DNO Z ...- Ñ<D <c 0"'- (]) ..I Co Z:¡:~ l- E o..a.. % :ê« Wz :2.... ro 1-0 <C~ -0 ~~ c: (]) == OJ f-..J « a:..J a.. ~.~ c:I Q «.... .., ~~ II) 0 ...JO § ~ <Cp,¡ Zz .- OQ: ï:: ..... -0 ~ ~ ":r <IJ ~~ IÐ 2 ~ þ >-<t; '" 1-:1: U. :!:o:: e j ;)0 t:n au.. ~ (,) ¡¡; :rß3 u CII 1-1,,) b!. Q::z ell 0« "'0 ZZ iñ ill >-..... 1-0:: Z;::, ja.. 011. oct Q:: III :;¡ ..I 0 () .~._., "tI ¡¡j 0 0 e> ð 0 ¢I' 0 ~ CI ci g c:.i "" III I!I C <:> Q In 0 10 0 <:!. Ô 0> .,¡- ~ u j IQ t! 1: .... \I) Ei w . IÐ W ., :: "1:' ìii .¡ ~i ~ 0 0 c <::> OJ '<"" 0 0 <:> <:) ~ ci c:i cí cí co 0 <::> <:> c ~ 0 0 S r::¡ œ i r-: ! . Il" ~ Q) r-. ¡... ~ '£> ..., ill' (.'to .,.. t,j E <;) () ó c:: .5 ,g Q{ .... :: ¡j q; .E I ;:) <:: l1f <II 0 <Ð 0 Jõ: <0 -"" ,) 'ê- (j¡ ::I: .. 0 w ëñ :Z Q £ E .., - w \,I 1» III 1'! c ;:¿ I I\ ... :¡¡¡ Õ! III: UI œ ::J Q tI! ;j 0 t) :x: (1 ::; 0 113- 0'1", :zo ..:z z'ti ~õ' :Let N Õ ~ C';T 0... '" '>( ....¡ 9 ,- '": N .." '" ¡w. '" as <: N ~ ..s :z § LðN 0..- .... 0_ <DNO ~ ,,- Ñ I"- 0"- Q) Q. Z'Eg> l- E 0. 0- Z ( )« l1Jiq := :it;> t'O !2,.,.. -0 wO C CCt:!: ( ) ....~ :e 01 a::..I n. « 11.11.1.1 c:Þ ....;1: co <~ .;¡ ~W Ið ..JZ CJ ~~ ã ~ .,: OZ ¡:: .... -~ ~ =- ffi;:r 0:;: tQ 2 ;! .c ~~ Go ... ;:)c:: ;¡ ~ 00 <II 011. > %:a1 ëii c.> ~~ ~ O;! VI 'tJ Z¡¡,¡ iñ ~.... ~g; ::Ii:!. on. fj'¢ ffi :;¡ ..I 0 0 I 'e iii c Q C c J ""! co Q <;> 8 ¿ c:i d . Q Q Q :t U!!. CI '! ó 1Z) ,.: ~ C> co ~ ti ~ ~ .~ ! ... 'I; m c ... C'I 0 0 8 g It .... Ó ~ (;! 0 0 0 g z c:;¡ ~ c:;¡ i Q to. 0 Ó Ò .... .....~ o:::J ço <"':I a ~ ~ ~ \;î .= ò (,) ù c: -E ,9 ~ 'ti ::J (j. J:o .E :;;:¡ ! 0') " i' (U <.;) .!! ~ m e. J;JJ <11 :J: ! ó !1 if5 .= c z ~ W a!I i 'ª' == ... .... ! J!! ¡;; ñi :i gt ~ m ð o· 'J:. ~ 0 ,..."".._...,,~,,~ rn.... ~~ ;¡:- ~I J; N - a .... ~ '" Q. OJ X ~ ... ..:. -D ~ j z: N ~ .... z: ~ *-* TQ1'Ç\l. ~ø.GE..~4 "''' ~~~ º ã¡:; ,,- -.ï co ~ ~ E :i~ 2 ~ .. ã~ '... q .c p' -",-."" 031 gt 8 "f""(( oð Nt e;:! z ã g-I- 'P .... 0 C .. ...: 'P k ã Ø\__ 't ~ ..! ... - ã," 0 ~ ~r ··M ".. ... ',. ~ - ~ ~I- c:? - 0 a Ii ~ or e;:! a,¡ØI: 0::: ~ N.,. I ,dU - ã I ;~- a. >- .... -... II. .. :;(,; ~ - ã ~1iIo- 't U... I j;) ~ 0::: ã "-I- 'I ~- (J .", ... ..:'".. Z 8 o e - gE-<_ - e;:! ...:" c Ø\:! as ã It) . ~~ a. .... o¡¡ .. - - '¡ III C a =0_ CD 't ~'Q E ã .~ - ..,:'" .,... .., ." ~ ,to- as c:? ... III ! ã .!i g U) ~f NU- l- e;:! Ø\.= ~ ã Ó 1:: . CD ~ ' r-- - j;)~1 - U) .... as II. .. I Cl;- c ã a,¡...t-- 3: Q I- 'E ... ... 'P 't o.s.! ëã ..... ª ! ,.\oIl] Ii! .,,,,. >. " _... 15 C , ~.z .2 ~IF c:? a 1:; œ ã a,¡ e-I~ ~ 0 0 & - 0 8 fut:. u N ¡:¡,= CD :i'~ ~ '''!!'''II 't: C e ã III ~ ::J a. ! .~ 0 - c as !:II § III;;;; (J g 0 'i == - 0 0 ¡of.. ~ 0 0 0 'Ð ori' .r:. Q. a 0 8 t .5 ØÞ Ei = = 1: as (.) .... .... * u a ø ... o 0 "" 0 0 * !~ ~ .5 .e~ Z I I . . CII CD e e I E 0 ,'2 .. ; Ë I J ca !z .¡;¡ 0 e j Z ':¡ N ... 0 e .... u tl 13 ~ f IS A. U 0 :¡ ...... ~ I i I CD ::)11 e II ... 'õ' 'a 'aE .2IE ¡; Q. ë' c e e- I- e UI Ii ... ~ ~:i c:i 0 e Do u .... A. \\lORK ORDER # UC-092 UNDERGROUND UTILITY CONTRACTING SERVICES Contract # Dated 3109/04 Valid Through 3/9/06 Agenda Item No. 16C16 April 12, 2005 Page 9 of 12 This Work Order is R)r the Underground Contractor's. Services, subj..:.ct to the lerms and ctmdilions oUbe CQntract referenced ahQv:. for work known as: Project: Well ROlOIN før the North County R1.\gioual Wllter Treatment Plaut The work is spccìtied in the pmpN\¡¡! dmed February 11, 2005, which is attached herelound made part of this Work Ordcr. In a.¡;çordancc with the terms and condiÜons ofthe Agreement referenced above. Work Order i1tJC-092 is assigned (0 Douglas K ¡liggins. I!1corpMatcd and assigned to the fÒHGwìng wurk. Scope of Work Task I; MobïJization, dcrnobHiz211on. site preparatiQn, rnecbanìcaì, inslnlmentaÜon,cJccrrical, structural, architectural and ail olhcr work required to completc the Zone ¡ WeU RO 10 1 N \VeHbøuse in ¡;¡ccordancc with Camme! Documents, Schedule of "Vorl.:: Work to be complded \vithin 180 days from Ìi;slIcs of Notice tüProcced, CornpenslltÎon: JI1 accordancc with Itern 4 of tIm Agn.:ement, ¡hc CJJunty wiJJ compensate ÜI0 rim1 ill accordance with thc lump sum method as all 0\'1 cd by the Cor¡tra(;( ScheduJe. Contract which is made pall of the recQrd of this Work Order contract is on meat the Purchasing DepartmenI for reference, Co¡¡¡ractor has been provided whh 4 copy of tIle eontract at the time ofexœl1tion, Task 1: Lump Slim $59ï,ODO,OO T olal Fcc $597,OOO,(JO REVIEWED BY /'------. .'; (/ ;;r£? . ^~) I. . f / .,; ,Y, ~4'~4~<,'i{-~..~ /1 '--'PamcJa Libby, Water Dí ütì'()Í1 Manager lYelte APPROVED BY: ._.__,___ .lames DeLony, Administrator Public Utilities Division Date ACCEPTED BY' ~....,.,....~,...,~,..'h"_ Higgins D¡lte Douglas N, Incorporated .--..,--- Work Order Number UC-Ú92 Page 2 Agenda Item No. 16C16 April 12, 2005 Page 10 of 12 IF OVER SZ5,OOO ¡hen must have COllnl)' AHomcy appmval. Appwn:d as to fonn and legal suiIicícncy: __..,~__lli~___ Thomas Palmer Asslsram County AHorney ^,L="".'.c~",-""..",,,,,;...,,,,,"~=>i¡;;"""""''';'"''';'';'',,,,,,,.;.;:.~~;;;.;;;.;,:;;.~.~M.;.;'¡;'''';';;;;,;"",;:';..c,;;;;'~:i;''''''';'';;''';'':''''''''':''''';.J.~'''':'·:';"';;:';'>"-';'::;,,,D':c·,.,,""'.:""·"'--·"··<:":';;¡:.~ '~":':':"':':Üf>"i Agenda Item No. 16C16 April 12, 2005 WORK ORDER # UC-093 Page 11 of 12 UNDERGROUND UTILITY CONTRACTING SERVICES Contract # Dated 3/09/04 Vand Through 3/9/06 This \Vork Order is for the Underground Contractor's Service:;, subjeçt to the terms £lnd conditiOì1$ ofthc Contract refer¡:l1c¢ù ¡¡oc)ve. for work known 11S: Pruject: Well ROI {J2N for the N(lrth Cuunty Regional Water Treatment Plant The work is specified in the proposal dated February 11, Z005, which is attached herelo and made part of this Work Order. In accordance with the lentH; and cOlldÜion¡¡ of the Agrccm:,::nt referenced abovc, \Vork Order Ii UC-(}93 is assigr\t'd to Douglas N, Higgins, Incorporalcdand assigned to the following work. Scope of Work [ask J: Mobilizatjon, delhohilization. site preparalion, mechanical, instnun,,'11tatìon, declt;cttJ, structmaJ, af<:hitecÜlra! and aU other work required 10 complete the Zone 1 WeB ROJ02N WeHhol!sc in ¡¡ççordanee with Contract Documents. Schedule of Work Wark to bccompieted within! 80 days fmm issues of Notice to Proceed. C()mpen~atìon: In accOTdance \vith hem 4 of the /\¡,,'reemcnt, the CÔU:l1tywi tlcompcnsate lhe FÜm in accordance with ¡he lump sum mdhod as allow<-"l by the Controct Schedule, Contract which is made pn1'\ oCtile record of this Work Ordcr- contract ís on t1k at the 'LJrchas¡¡¡g DcpartmcTJ1 forrcfi::rencc ContractQr has been provided wÜh a copy ol'thc contract at thè timc of cX::l~ution, Tm;1; 1: Lump Sum S397,OOO,OO Total Fee S39ï,OO(JJ}() IJale A.PPROVED BY: _~_,~~_.___ James DeLony, Administrator Public UtiJities Division Date ACCEPTED BY:._..____.m... Daniel Higgins ----..---'____^~~~"A" Date -~_._~"~.,.".-<,_...",..;.."",,,,,,,,,,,,,,,,,.,,,,,,,,,,,-,,,,-- Douglas N. Higgil\£¡. Incorponmxl .~,-----_."- Work Order Number UC.093 Page 2 Agenda Item No. 16C16 April 12, 2005 Page 12 of 12 IF OVl':R $25,000 then must haw County AttomeyapprovaL Approved ,I~ 10 thrm and lcg,,1 $u!ïicicncy: í:J~{;H Jit~·~ ..----..- /\$siS1an! County Attorney Agenda Item No. 16C17 April 12, 2005 Page 1 of 19 -- EXECUTIVE SUMMARY Recommendation to authorize the approval of Work Orders UC-094 and UC-096 under RFP 04- 3535, Underground Utility Contracting Services, and to authorize the purchase of sole-source equipment, for specific rehabilitation projects in the amount not to exceed of $462,208 for the North County Water Reclamation Facility Rehabilitation, Project 725321 OBJECTIVE: The public purpose is to maintain critical equipment to meet peak wastewater demands at the North County Water Reclamation Facility by completing two needed process rehabilitation tasks: rebuilding filter set #1 and replacing four (4) effluent strainers. CONSIDERATION: Several items of critical equipment at the North County Water Reclamation Facility (NCWRF) are almost 20 years old and are original to this facility. The approved reliability and rehabilitation programs are for the replacement and refurbishment of these much-needed pieces of equipment. This request is for the approval of two tasks: ....-~ . Rebuilding filter set #1: D.N. Higgins, Inc., contractor under County's fixed tenn Underground Utility Contracting Services RFP 04-3535, is to do all work and provide materials (replace sand and slide rails; and inspect and replace drain parts and other hardware, as needed) for $292,000. Three (3) quotes were received as required by RFP 04-3535. Staff has scrutinized the qualifications of the low bidder and D.N. Higgins, Inc. has been detennined to be qualified and responsive, plus they have a satisfactory performance record on previous County projects. All quotes are attachments to this Executive Summary. Contractor D.N. Hi . s, Inc. Mitchell & Stark Construction Com any, Inc. Haskins, Inc. Bid Amount $292,000 $312,000 No quote letter ;'_. . Replacing four (4) effluent strainers: o County to purchase equipment from S.P. Kinney Engineers, Inc., the original equipment manufacturer and sole-source equipment provider, for $135,188, freight for four units of $4,800 plus a 15% allowance (possible freight increase) of $720. The sole source letter and the S.P. Kenny Engineers, Inc. quote for the needed equipment are attached to this Executive Summary. Using effluent strainers from the same manufacturer as the existing equipment will streamline the equipment installation and integration into the existing system, while minimizing operational difficulties. No additional staff training is required for operation, troubleshooting and repairs. o For comparison, staffhas evaluated the cost and logistics of reconditioning the strainers (in-place and also by shipping to a repair facility) verses replacing with new. It was determined that replacing the strainers with new equipment was more economical due to minimized plant equipment downtime and reduced labor costs. o D.H. Higgins, Inc., contractor under County's fixed tenn Underground Utility Contracting Services RFP 04-3535, is to replace strainers for $29,500. Three (3) quotes were received as required by RFP 04-3535. Staff has scrutinized the qualifications of Executive Summary NCWRF Rehabilitation, Project No. 725321 Page Two Agenda Item No. 16C17 April 12, 2005 Page 2 of 19 the low bidder and D.N. Higgins, Inc. has been detennined to be qualified and responsive. All quotes are attachments to this Executive Summary. Summary of costs for these two tasks under Pro' ect 725321 : Task Element Rebuilding Filter Set #1: D.H. Hi 'ns, Inc. rebui1din filter set #1 material included Replacing four (4) emuent strainers: D.H. Higgins, Inc. installation of new strainer equipment S.P. Kinney Engineers, Inc. S.P. Kinney Engineers, Inc. four strainers ($135,188), freight ($4,800) and 15% allowance for ossible frei t increase $720 Total re uirin BCC a roval Cost $292 000 $ 29,500 $140 708 $462,208 These projects are consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 10 C. The Clerk of Courts, Finance Department, has reviewed the information contained in this Executive Summary. FISCAL IMPACT: Funds in the amount of $462,208 are available in Project 725321 for the specified tasks. The source of all funds is the Wastewater User Fee Fund 414. The budget is consistent with the Wastewater Capital Budget funds for FY05 as approved by the Board on September 23,2004. ".-..., GROWTH MANAGEMENT IMP ACT: This project has no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: · Approve and authorize the Public Utilities Engineering Director to execute work order, UC- 094, pending County Attorney approval as to fonn and legal sufficiency, to D.H. Higgins, Inc. for the removal and replacement of sand, slide rails, drain parts and hardware for filter set #1 at the NCWRF in the amount of $292,000. · Approve and authorize the Public Utilities Engineering Director to execute work order, UC- 096, pending County Attorney approval as to fonn and legal sufficiency, to D.H. Higgins, Inc. for replacement of four (4) effluent strainers at the NCWRF in the amount of $29,500. · Waive formal competition in accordance with purchasing policy V(C) and approve the purchase of four (4) effluent strainers including freight cost (plus a 15% freight allowance) from S.P. Kinney Engineers, Inc. for an amount not to exceed $140,708. PREPARED BY: Karen B. Guliani, P .E., Public Utilities Engineering, Senior Project Manager ;~,......" Agenda Hem No. 16C1'¡ Aoril 12, 2005 Page 3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16C'\7 r';:E':t~()rnmendatiCll1 to authorÎ2~ the ~PPf(II(;¡¡¡ ()~ WOIK Drae", UG-09-4 ¡¡rId UC·09ß ¡mder rwp 04..;;535, UfldeJ~¡rotJnd U~illtv Cuntractir'¡¡ Ser....¡çe!" and to authofi2~ Hie PWt;hB&~ elf I>ale- !i\1Uf(,O: er. lJlpment, for t1pecitic rehabilitation ¡xc f!cl&. in the arnDunt net to exceed of $.462,20B for the Nðrth CQunty 'J'.~atet Reclamation Facility Rahabilitation, Proje-ct 725321 4/i21200!i 900-00 AM Item Number Item Summary PTcpared By Date Kaml"l S. GuHa.ni. Pcf: Senior Pto)t!CI Man<lget 3f2C12l)05 11 :06:31 AM Publjc; Utilities. Public Utilities Engineering Approved By lyn Wood P1.I rr,;ha."Sing Ag:p.nt DatI:! Administrative SerJic1!!1t Purch<ssh'Q 3/25120(]S 10:23 AM Approved By Steve Carnell f.>urchaS¡11gIGenoral S..,(;5 Oirectof Dale Administrative Ser'llce~ Putcha.!>lng 3/25/2005 11 :24 AM Approved By Joseph B. Cl1eatham WnteWQter Direc.tof Date PUblic Ut!Hth~3 Wa\'t~WatE!f Tr~attf\t:nt 3'25/2005 "':65 PM Approved By Thomas Wlòeio Ope.tations. DlredrH Date Public Utl!ilI(!:I Pob!k. UtHilìn$ 0Pf\-r<lt\PtH; $i28l200S 1 ~Oj PM Approved By Roy B. Anderson, P.E. Public UtJUöe$ Englt\l!:erlng D!flt-ctor D~le Public: UtJlith?!1t Public: Utilities En9In~~ring 3.'211120ù5 2:16 PM Approved B;y Peter Sc.halt, PMP SenIor Proj~¡;t Manager Date Public Uti!lt¡c~ Public. Utilities. Engineering 3128f¿OIJ5 3:02 PM Approved By .I~lTut!i W. OeLony PubUç UtWlic:i Aclm~fH5tn:lto( D.I~ )}ubllc UtlIUi~s. Public Utlittles. Adminlstratiol1 3i29/200S 9:{)2 AM Approved By OMB Coordinator Administrative Assl5ti1nt Datcr County Manager's om<;e orrlce or M,magement & Budget )J21H2006 2:59 PM Appr-oved By Sus;an Ustler Senior M<rnageml!ntiBtldgat Ä,,<iÙyst f.:)ate County Msnayer'¡,; Omce OM~e of MitnJ.g~mt!lIt & Budget 3/31120052:11 PM Approved By Mich<sel 5mykow::>KI MamJ\tement 8. Budget Director \)a~e County Mani1g:et'\i OfficI': Offll:'" 01 M.tl<tgt:lnont & ßIJt g~r .4.'&12005 1'1:4 AM Approved By Jßme$ V. Mud¡j County M.nager Oi!t~ Board of County Comn\I~.$It)t1ers Caumy MiUl..gt!r'.$ Offi~f! '¡1.''i120057:56 PM _._~"-".;,,---"''' 2~ Feb 05 08:13a WJAJGIOIWD 9525~10193 p.2 Agenda Item No. 16C17 April 12, 2005 Page4of19 Replace / Repair Filter Set #1 Haskins was asked to bid on this work. They declined, No Bid cÁ¿/ftJ (t~eC Quotes have been received from Mitchel] & Stark Const. & D. N. Higgins. CPk"~ a..J"I-~ - - 24 Feb 05 09:138 WJAJGI0IWD 9525410193 p.4 Agenda Item No. 16C 17 April 12, 2005 Page 5 of 19 ì ,-i o~OFFICf 3390 1RA\IIS POtN1E ROo\[) SUITe" ANII~.t.!I~lœ 17341_9500 FAX:p34)9!I6-ðII80 :J REGIOIW. OI'IIŒ 2IJIP TAUIAWI7JWI. EAST stJT£ 1 1W'lE$. Ft ~1I~ /2311714-3130 FAX~ ~ 714-4266 a lIeGIOHAlOFFlCE œ4! N.O/JOEHWY. SUITE" fT.lAUOEADALE, Ft 33334 /f54) 77U&6S FAX: (9S-q Tl6-7'205 February 17,2005 Aubrey Hughes Maintenance SUpeJViSOT North County Water Reclamation Facility Wastewater Department 10500 Goodlette Road Naples, FL 34109 RE: Filter replacement quote Dear Mr. Hughes, Thank you for the opportunity to bid your project. Our finn is sending this lump sum quotation for the fonowing activities at your request. This quotation is for one filter bed. As we understand it there may be a total off OUT filter beds that may need completed. 1) Remove and replace the sand in the filter bed. Eleven thousand dollars per filter bed. ($11,000.00 ea.) 'f. 4-:;:. ~ 44,000 2) Remove and replace the existing slide rails. Twelve thousand dollars per filter bed. ($12,000.00 ea.) y. 4- - f ß, 00 (;) 3) Remove and replace the under drain parts and harwa.re per sheet #3 of the bid documents. Fifty thousand doUars per filter bed. ($50,000.00 ea.) t. 4 : ~ 00 I 00 0 Respectfully, -----= ~-- -? ~-=::.. Mr. BrandYBartolone Regional Manager Douglas N. Higgins, Inc. ---........ --¡Pi'" t. 4Ij.9 '-1000 cc: Daniel Higgins, File E.E.O. _'._ _0. __. ____.. 24 Feb 05 08:13a IaIJAJGlOllaln S5254101S3 P. 3 Agenda Item No. 16C17 April 12, 2005 Page 6 of 19 MITCHELL & STARK CONSTRUCTION CO.MPANY, INC. F Qcsimile To: Collier County Ann: Dale Waller &. Aubrey Hughes Fax:S97.3S04 From: John Losch Date: 10129/04 Re: NC\\'R.F Filter Rehabilitation & Aeration .Basin Gear Replacements Number of pages, ':ncluding cover sbeet: ) Gentlemen. Pursuant to your request. we have prepared cost, to rehabilitate the four JJJW ua\o-eling bridge tiltas as well as replacing five separate gear dñvC$ on Aer.ation Basins No.1&. J. aU at the North County Wate' " Reclamation F¡u;ility. Thac wst3 are as foUows: Fumisb 'Iff InstaD ~ew Rani: The cost for thiS' work is S13,Ooo per filter, or $52,000 fur all fuur. Remove &Reø"~e Sa.: The cost for thi:s work is $13~OOO per filter. or $S2,OOO for all fOUt". Theft: Î$ a maximum capacity of about fJfleen 3.000 lb:sand bag, per BIter. If the- lwenty-two (22) e'Jàstjng surplus 3,000 Ib bags lit the South County WRF are usable and transponab\e. you can deduct $100 per bag that we use. ffall 22 bags are u$ed, tJae deduction 'Would be S2,2oo. Raoove & ~ce Po",us Plates: The cost for this work is $52.000 per filter, or $1.08.000 tor aU four. If r.pot repair$ can be effectively aeçompJisbed on this system. the cost will be based upon the &mounl of rcpair$ required. There wiU be aTI added tim1:de\ay for dettvery of rep1acement parts. We appreciate tbe opportunity lo quote this work. Please advise how you wish to proceed Thanks. J('IM Losch 600' Shirk)' Stn:e'l Napa. fL ).f109 Phot\e; 239.597. 21G5 F¡tx: 239566.7863 'S.;;(,oco 5,;¡, ()O ð ;)Oe, Of) ð ~-------_..~_._-....- 3 I;J. l>ð c Fax .. .... ... ... . " Haskins Inc. 10956 Ent('rp'l~>'-' Avp. Bonit<e Springs. H 3-.1135 Ph .239-947 -1 H4b FAX 239-947·3857 CGC 057434 CUU 0045713 JCh;..,.nh«:'f~; IHaskrnsinc.llet 1bc Collier County F....-.: Joef Chambers Fmc Attn: Aubrey Hughes 597-3504 ~ 1 (including cover) ... 2124105 .. Project Quotes for Filter Sel1 & Reuse - ~ Strainer - Ca Urpnt JC F_~. Pi.... ComnMnt c P..... Reply [J....... ~ Aubtey. I regret to infonn you that at the present time Haskins Inc. Is unable to perform plant wort or quote the projects that you have. I wi. let you knoW in the future If we are able to start Quoting you. Please caD if you have questioO$ Thanks Joel - ^------.-..... 22 Dee 04 10:0Sa W.JA.JGI0IWD 9525410193 Agenda Item Ncr'€c17 April 12, 2005 Page 8 of 19 ~ COLLIER COUNTY WASTEWATER DEPARTMENT ~. North County Water Reclamation Facility 10500 Goodlette Rd. · Naples, Florida .u10sa. (239) Se7..53S5 .FAX: {239J 591-3504 Karen. Here is the information that you requested for the S.P. Kinney Strainers at the NCWRF. This is for project 725321 NCWRF Rehab (Effluent Strainers. Attached is a soJe source Jetter from the company, and a quote for direct replacement equipment. The cost for each unit is. $ 33,797.00. The price ;s based on a S% discount for purchasing 4 units. The total cost for the four units is $ 136.188.00 A~&;OXimate freight char9H for each unit is $ 1,200 for a total of $ ~,"8 . We only need Item #1 on the quote (Strainer Unit) We already have the automatic backwash control accessories in place. The total cost to acquire the four strainers is $ 139,988.00 We will need to get quotes from an underground contractor to do the removal of the old units and the installation of the new units. If you have any questions, please contact me. Da'. Waller NCWRF, Plant Manager (239) 597-5355 "-,---- 22 Dee 04 10:06a WJAJGIOIWD 9525410193 Agenda Item Nt 1 ~C17 April 12, 2005 Page 9 of 19 ,- Pbone:: 4111216-4600 Fa.'/(: 422!276-6S!)(I w\t'\" .spk.innc:ycam sp!eifI'er@spkinney.colII S.. P. KINNEY ENGINEERS, INC. 143 FIRST AVENUE· P.O. BOX445' CARNEGIE, PA 15106 11-18-04 Collier County NCWRF Naples Florida Aun: Aubrey Hughes S'.lbJcct: Soh: Source DelU' Aubrey. 'Please accept this Jetter D.S our notificatiofJ tb3t S. P. Kinney Engineers. loc., of thl! ab.:>·..e ad¿rcss, is (he orJy supplier orthc S. P. Kinney En&'Ínecrs. Inc. Ene of New Equipment, S~re Parts, and Technical Assistance. Wbile we maintain a network of Sales Representarivc:s. we do not maintain a distributor 1:..\"'....- ....J-"............ Ii' you need more information.. ple.ase contact me. Smccrc1y S cot;t; pfe,(ff(w Seett Pfeiffer STRAINERS - BLAST FURNACE V AJJVES .----. 22 Dee 04 10:0Sa WJAJG101WD 9525410193 Agenda Item No."6ð17 April 12, 2005 Page 10 of 19 FAX S. P. KINNEY ENGINEERS 1.&3 FIRST A VI; - P.O. BOX 445 CARNEGIE, PA. 15106-0445 PROlllt "11/17~ FAX 4J2/176-6890 1Y~.!lD~ int!(!~ 'DATE.: REFF..RENCE: TO: ]].] 0·04 RepJacement Strainer. KN-SJ371 CoDier Coull1y ATTN: FAX NO. Aubrey HuJhcs 2391597·3504 FROM: Scott Pfi:iffer Here's our quote fer a replac:emc.mt for your ~iJting strainer SIN 8614V and aolomatH¡ bød..-v.-uh c:<mtro1s. ihc approximate fi'ëabt charge for one unit is $1,200.00 lfyou choose to order fout(4) units, we can give you. S% discount· 533,797.00 each for the strainers, We cannot discoont Item 2. tbe automatic backwash controll. J..ef me know if you need anytbing else. s~ 4.¡. 3~/7't7 ~ ~7 IV- 4- 'I. I," 0 0 :. f , :; ~ I 188 4 8 otl , I I 3 4 I i gg 22 Dee 04 10:06a WJAJGI0IWD 9525410193 A d It N ~¡c;.,7 gen a em o. ITm>'I April 12, 2005 Page 11 of 19 ~ . .. . . lJ~ Phone: 4)V11~ ,.~'C: of )21276~SOO _-w .!åpkinr.cy.com !'pCcitIc~~sf'1Wmc, .001':'1. s. P. KINNEY ENGINEERS. INC. 143"F\RST AV£1'1U~::O P.O. BOX44S·CARNEGIE. PA '5106 11·10-04 1 ""l~;' (P;;¡~;' ,/Wf 10SOO Goodtdte Rd Naples FL 34109 Attention: Aubry Hughes P.llON~ 2391253-2134 FAX 239/597-3504 S. P. Kinney Automatic Self-Cleaning Strainers Dup1ieate ofexistin. wainer' SIN 8674V SPK Proposal: File KN-5J371-SP Subject: ¡ter your most recent inquiry. we are pIeaKd to offer fur your consideration the equipment as listed below and described in the attached c:irc:u1ars and drawings - subjeçt to tbe c.nc1osed terms and conditiODS. s. P. KINNEY AUTOMATJC STRA1NJ:-.s MOTORIZED SEJS-CLEA.N1NG TYPE eftlte HEAVY DUIY. R.OTAT~G 'DRUM ÐISIGN .. 22 Dee 04 10:06a WJAJGI0IWD 9525410193 A d It N """re.7 gen a em o. Il'U<..YI April 12, 2005 Page 12 of 19 s. P. ~ ¡'~n, 1& No..o!IIIIo:t 10,1004 !IEM 1 ON £ (I)... 16" Mode(" A-I- Automatic Strainer per ~WÎDB #.2404 J and Dundin #511 1'RICE US S35.S75.00 EACH *DELIVERY: 16-] 8 week.~ after rettiDÌ of drawin2 aooroval* Body - Cover - Drum - Shaft. - Media - Retaining Rings - 1Mpection Window Cover- Motor- Gtorbox- Cast Jron Fabócated Steel - Epoxy Lined Cast Iron Carbon Steel. ceca.miç at packing area I/J6" Perforated Disc. Ddrin De1ñn Lexlß Tnnsparcnt 1 HP. 2301460 volt. 3 ph, 60 hz EB7-401AlUO wI stip clutcb &. speed ~ SERVICE CONDm01'S: Clean Pressure Drep: 1.16 psid at 4,000 USGPM 'Design 'Pressure: J SO psig @ 1007 Minimum RequiR:d Prmure: 20 psig AVTQ.MATIC'8ACKW ASH CONTROLS ACn:§.~1UI:.S ITEM :z ONE (J)._ Control system toOsisting ofan láUatœ wIve and accessories as described below. we are pleased to offer the firm sum of.. PRICE US 510.173.00 EacL (1) 4- NiJcor Ba11 Valve complete ""itf¡ electric operator (1) BarksdaJe ~e Differential Swñcb. Modc1I>PD2T-A80SS (2) PTessureGau,ges. O-J6O PST with diaphragm 1eøI$ (\) NEMA 4 COTJt:roI SIBÛon - J20 Voh, 1 Ph. 60 Hz (S) Pus;b To Test Indicating UShu (1) Tw() (Z) Position selector switch marked -Open-Oosc- (1) Three (3) Position selector switch mar~ "Manual-Of'f-Auto· (1) Repeat cycle timer: 0.3-)0 rniÐutcs (1) 'terminaJ Block (J) Circuil Breaker (1) Surge Arrestor "J7I-S1'. 1t.1N ^"J. COLLIF.R. (:()IJ/II1'Y NKWWI' r-g,n 22 Dee 04 10:07. W.JA.JG101WD 9525410193 . 'I', . IV. "t p.7 Agenda Item.~ö. 16C17 April 12, 2005 Page 13 of 19 .. s. P. Xi..., &DDIIeCft, ,-. ~111.2IIOt (I) Motor Starter (1) Reset Ru\\OI\ (l) SJ'"d Switch (S) Relays. (I) Transformer [ TECHNICAL Þton3, CLARtFICImON$" EXCEP11OH$ , CJo:NERAL NOTlS: I). This quotation does not ic;:iud~ ?.;~: f¡c1d j:1~:!.!!3tkm or supervisior_ 2). All Drawings associated with the proposal should be considered "typicaJ", and for refereau only. As Built Drawinss will be provided upon order acc:epWtce. Jl'RK1NG .. DELIVERY NOTES: I). Prices are FOB our Factory. witb ti'ågbt charges for cuslomet account 2). The prices offered above wilt remain firm for 60 days. We trust the proposal offered above meets with your approval. Ifwe may be of any additional service. p1ease do not hesJta1c to contact us. Sincere1y. scott P(e.i{{er Scolt Pf.er P.RClosvres: Du11e\tns: liS 11 Dr.wings: 112404 J Serviceman Cbarge Shed., Tenm and Condiûon ct.: The Madt Company 1300 COI'pOMe Cemer Way Wdtingtcm FL 334\4 'Phone: 56InS)i-3131 'Fax: S61n98-911l3 (Sales >tcpresentative) »)7'.SI', &&IN ".1, oou Jf.a COtNTY NRWwt' ,....013 --.- Agenda Item No. 16C17 April 12, 2005 Page14of19 ~~'1Hi o CORPORATE OFFICE 3390 TRAVIS POINTE ROAD SUITE A ANN ARBOR. '-4148108 (734) 996-9500 FAX: (734) 9!J6.8480 o REGIONAL OFFICE 2887 TAMIAMI TRAIL EAST SUITE 1 NAPLES. FL 34112 (239) 774-3130 FAX: (2391 774-4266 o REGIONAL OFFICE 6241 N. DIXIE HWY. SUITE A FT. LAUDERDALE. FL 33334 (954) 776-6665 FAX: (954) 776-7205 February 17, 2005 Aubrey Hughes Maintenance Supervisor North County Water Reclamation Facility Wastewater Department 10500 Goodlette Road Naples, FL 34109 RE: Reuse strainers, remove and replace Dear Mr. Hughes, Thank you for the opportunity to bid your project. Our finn is sending this lump sum quotation for the following activities at your request. This quotation is for the removal and replacement offour 16" reuse strainers. As discussed in the field this quotation is for labor only and Collier County will supply the new strainers. 1) Remove and replace the four 16" reuse strainers. Twenty nine thousand five hundred dollars. ($29,500.00 ) ~ (itespectfully, ~.~~ Mr. Brandy Bartolone Regional Manager Douglas N. Higgins, Inc. cc: Daniel Higgins, File E.E.O. - -----.-- 14 Mar 05 08:05a WJAJGIOIWD 62/18/2885 14:36 123~5667865 9525410193 p.2 MITO£LLSTNð<: Agend~,.Ji~m ~<}.16C17 ~pRt,~, 2005 Page 15 of 19 -. MITC.HELL & STARK CONSTRUcnON COMPANY, INC. Føcsimile To: Com., County Attn: Mr, Aubrey Hughes Fax: ~97.3504 From: JohD l..oIch DIIe: 0211 B,IOS Ik NCWRF:Reuse Pump SWion. Suaiuer Replaœment~ Number of pages. including eavcr $beet: J GentIaMo. Punuant 10 your request, we have prepared COltS 10 replace fDur of the 1tnIi1MO Oft the .Reuse Pump Station disdwge Iiaes at the North County Water IlecIlmltÏOll FlCÏlily. The COst for this work is $38,100 and COver$ IIbor to di~ r:aN)VC ud replace tile Þ:istiIJø ShÙIef'S withøew iderdical units Ilnillted by the COUGty. 1'bb priœ does not include fiD'nishiDg bond.. piping or foundation modificldoas. electrical work, IIaIt up services or JMintins. We appnciate ~ opportunity to quote Ibis work. Plene advise bow you wilh to proceed. Thanks, Joba Losch 6001 SJrirIc:r ~ NaI*s. fI. :HJ." ~: 139.''''.2165 F-= 239.~_716~ -'- Haskins Inc. 10956 Ent('t1)rí~f.? Ave. Bonita Spring.... n. 34135 Ph.2J9-947-1B4G FAX 239-947·3857 CGC O~7434 CUU 0045713 JCh.,mh(>,-. H..¡sklllsinc.llf?t P.Ol Agenda Item No. 16C17 April 12, 2005 Page 16 of 19 Feb-24-05 11:29A Fax Toe cotrJ8f' County ~.... Joel Chamben; Fax: 597-3504 ...... 1 (Including rover) D.- 2124105 Attn: Aubrey Hughes .. project Quotes for Filter Set 1 & !!!!y!!!. Slralner c:c: urgent x .... IIM'Mw . PI... ComnNIIt [J PIeMe...,ey o ....... Recycle Aubr8y, I reoret to inform you that at the present time Haskins loc. Is unable to pertorm plant woltt or quote the projects that you have. , willet you know in the Mure if we .-e able to stitt Quoting yOU. Please caI if you have questions Thanks Joel Haskins Inc. ·t0956 Ent0rpr1~;f..~ Avp. B() )itd Springs. n 3-1135 Ph.239-947 -1M() FAX 239-947·3357 CGC 057434 CUU 0045713 JCh" I'n hPI 5" Haskrns i nc .net Agenda Item No. 16C17 A ri112, 2005 f19 Fax Toe COUier County Attn: Aubrey Hughes JrNIII: Joel Chamber.; .,.,.... 1 (Including covel) Fax: 597-3504 D.- 212"'105 lie; Projed Quotes for ~ 1 & Reuse ~ Strainer Ca UI1JenI JC Jr_ RMthIw . PI... Comm.nt c P..... Reply o ....... Recycle Aubrey. I regret to Infonn you that at the present time Haskins Inc. Is unable to perform plant weltt or quote the projects that rOIl have. I 'Mllet you know in the future If we we able to stlrt quotin( you. Please caD If you have questions Thanks Joel ~ n·_,_~ WORK ORDER # DC 094 Agenda Item ~o. 16C17 - Aprt112,2005 Agreement for Fixed Term Underground Utility Contracting Servi€'es¡e 18 of 19 Contract #04-3535 Dated March 1, 2004 This Work Order is for Underground Utility Contracting Services for work known as: Project: NCWRF Rebuild Filter Set #1 The work is specified in the proposal dated February 17,2005, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #UC-094 is assigned to D.N. Higgins, Inc. Scope of Work: Provide services and material associated with rebuilding four (4) filter beds, collectively known as Filter Set #1. Schedule of Work: Complete work within 120 days from receipt of the Notice to Proceed. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Services Cost per filter bed Cost for Compensation four (4) filter beds Task I. Remove and replace sand in filter bed 511,000 544,000 lump sum Task 2. Remove and replace existing glide rails. $12,000 548,000 lump sum Task 3. Remove and replace the under drain parts 550,000 $200,000 lump sum and hardware. Total $73,000 $292,000 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Karen Guliani, PUED, Senior Project Manager Date APPROVED BY: Stephen Y. Carnell, Purchasing Director Date AUTHORIZED BY: Joseph Cheatham, Wastewater Director Date APPROVED BY: Roy B. Anderson, P.E., Public Utilities Engineering Director Date Approved as to Form and Legal Sufficiency: Assistant County Attorney ACCEPTED BY: Witnesses (2) Date: By: D.N. Higgins, Inc. Fund: 414 cc: 263614 G/L Account: 763100 Project Number: 725321 WORK ORDER # UC 096 Agenda Item ':/0. 16C17 - Apnl 12, 2005 Agreement for Fixed Term Underground Utility Contracting ServiE'eSle 19 of 19 Contract #04-3535 Dated March 1, 2004 This Work Order is for Underground Utility Contracting Services for work known as: Project: NCWRF Replace four (4) effluent strainers The work is specified in the proposal dated February 17. 2005, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #UC-096 is assigned to D.N. Higgins, Inc. Scope of Work: Provide services associated with replacing four (4) 16" reuse effluent strainers using County provided strainers. Schedule of Work: Complete work within 120 days from receipt of the Notice to Proceed, which will be issued when replacement strainers are available. Comøensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Services Labor cost for Compensation four (4) strainers Remove and replace four (4) 16" reuse effluent strainers 529.500 lump sum Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREP ARED BY: Karen Guliani, PUED, Senior Project Manager Date APPROVED BY: Stephen Y. Carnell, Purchasing Director Date AUTHORIZED BY: Joseph B. Cheatham, Wastewater Director Date APPROVED BY: Roy B. Anderson, P .E., Public Utilities Engineering Director Date Approved as to Form and Legal Sufficiency: Assistant County Attorney ACCEPTED BY: Witnesses (2) Date: By: D.N. Higgins, Inc. Fund: 414 cc: 263614 G/L Account: 763100 Project Number; 725321 Agenda Item No. 16C18 April 12, 2005 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve work Order HS-FT-05-03 under 00-3119 - Fixed Term Professional Utilities Engineering Services to Hazen and Sawyer in the amount of $140,270 for Engineering Services for the design of Lime Softening Reactor No.1, Project 71023. OBJECTIVE: To obtain approval of a work order for Engineering Services for the study and design services of a Lime Softening Reactor No.1. The public purpose is to increase capacity and improve the reliability to the existing lime softening water treatment process, and increase distribution pump capacity at the South County Regional Water Treatment Plant (SCRWTP). CONSIDERATIONS: This project is consistent with the 2003 Water Master Plan adopted by the Board of Collier County Commissioners on May 25, 2004, under Item 10(0). The scope of the work includes the engineering study, and design services for the construction of a Lime Softening Reactor. The actual cost of construction and construction engineering inspection (CEl) services will be presented to the Board under future procurement actions. ~~........... The purpose of the Lime Softening Reactor is to introduce lime and other chemicals into the water pumped from the ground to soften it prior to further treatment to result in a high quality end product to deliver to the customers. Currently this reactor has been in service for over 15 years and showing fatigue cracks and is leaking. It is necessary to replace this reactor, in order to provide reliability and increase capacity at the SCRWTP. In accordance with the procurement policy of Collier County, and under contract 00- 3119, Fixed Term Professional Utilities Engineering Services, dated April 10, 200 I, staff requested a proposal from Hazen and Sawyer to provide Engineering Services related to the design and permitting to Replace Lime Softening Reactor No 1 at the SCRWTP. Staff received a proposal of $140,270 for this service and found it fair and reasonable on the basis that this cost is inclusive of design and permitting service and is approximately 5% of the estimated construction cost of a Lime Softening Fourth Reactor. The construction cost to build a Lime Softening Reactor in Collier County is estimated to be $2.85 Million. Based on a Manual No. 45 published by the American Society of Civil Engineers, Chapter 5, page 44, this cost proposal is low when compared with the estimated consultants cost and therefore, this proposal is found to be fair and reasonable. The low cost can be attributed to some of the services that are shared under a different work order for similar design and no additional work is necessary to accomplish the same goal. Therefore, such services are not charged again to the County. The Clerk's, Finance & Accounting ~ivision, has reviewed the information contained in this Executive Summary. ,~............. FISCAL IMPACT: This Project is consistent with the current Fiscal Year Capital Improvement Budget approved by the Board of Collier County Commissioners on . . .,·,·"","ti__'"'' Executive Summary Approve Work Order for Hazen and Sawyer Page 2 Agenda Item No. 16C18 April 12, 2005 Page 2 of 16 September 24,2004. The 4 MGD lime softening reactor is being replaced with a 6 MGD lime softening reactor, increasing the capacity by 2 MGD, or 33%. This increase in capacity should be paid out of Impact Fees (Fund 411). Currently Project budget is in User Fees (fund 412). A budget amendment is needed to reduce project 71023] (user fees, Fund 4]2) by $47, 692 and increase project 7]0232 (Impact Fees, fund 4]]) by 47,692. The source of funds is Water User and Impact Fees. GROWTH MANAGEMENT IMPACT: The project involves improvements for the reliability purposes and due to growth to meet the future needs in the south service area. This project is consistent with and furthers the Goals, Objectives and Policies of the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve work order HS- FT-05-03 in the amount totaling $140,270 to Hazen and Sawyer and authorize the Public Utilities Engineering Director to execute the necessary work order and to approve the necessary budget amendments. PREPARED BY: Shanthi Sridhar, Project Manager, PUED. ....-.. Item Number Item Summary Meeting Date Agenda Item No. 16C18 I\pr1l12.2005 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1E;C1B Rt;corrHI\endati(¡n to approv<:: w()rk Order HS·fl-n~;-03 ul\d~r 00·3119 - Fb<ed ., ertT) Prol~i;:;;i()!)allJtili!'es El!gjfl~erîl'i9 S!W'¡~¡;E'!"i t(1 Hazer. at1d Saw,/er In tlH~ mnmlnt or $140.2;'0 (or Engl!lo:'ering Services. for the desigr. 01 Lime Softening Rea':'10; Nc 1. Projf!ct 71023 4/12/:20059 DODO AM Prepared By Pro.!€Ct Mi1nager 312512005 ð:32:31J AM Shantt11 Sridh.¡r Public Uti!ille!o Date Public Utilities. Engineering Purcnasing Agent Dcrte Approved By Lyn Wood Administrative Servh:::es Purch,n.jr.g 312501200510:30 AM Paul Mattaut';J;h WatÐrDlrector Date Approved By Public Utllitle$ Wo1IlC!r 3.f25r.o!005 1Q:36 AM Approved By p.arne!a Libby PubUr; lJ¡Uitip.H W;¡¡ter Operations. Manllg~r Date Wilt~r 3/2512006 '11:11 AM PUlch.wslngfGenelal Svcs Ojre<:tor 0... Appro\-'ed By Slltve Came ¡ A.dmini$itt.atl..C! ß~rvjc~!I P\ltch¡,,¡¡!og 3J251200511:28 AM Operatkms Dlrl!ctur Dde Approved By Thoma:,; Wides Publ.ìc Utmtle~ I'ubllc Utilities. Operations 3/18!2U05 8:45 AM Principal Pro ~~ M.1n,ftger Date Approved By WUB<1m D. Mullin, PE f)ubHc UWlti.es Public Utilities Enqlneerjng 3128120055:00 PM Public UtilítJe:s. EnglneerinQ m'tlctor D.te Approvcd By Roy B. Anderson., P.E. l'ub.!lc UtlhUe!o PubUc Utilities. I:ngineer¡no 3/29/20059:12 AM P'Iblic Uli!itie.s Adm~n¡5tra:tor O.ltl! Approved By JamEl5 W. Delany Public lJtlHtt~s Pullllc UtHitles Adtnln!sbat!un 3129nOD5 'IO;D2 AM OMB Coord!nato, Admil~i..tlath'e As.s\stEll,t Date Appro,,'cd By County Mal1agf!r'.1 Office:- OM.:!> of M¡magcI"TJe!11 & ßl.ldv~t 3f29/20Q$ 3:00 PM Appro\'ed B,.· SU~H!I} U:;;her Count)' Mõlnn9p.f~ I1fficr. S~nll)f '''',anagll!>tnIHltlBud<;¡et Analyst Di;lti!' Offi..t: ot M;ana9~mt!nt & BudgC!1 AI51200fi 0:08 AN MIt.'hðl!!l Sttlykuw..kl M,*",u9~ment & BudulI!>t Director Ditta Approv£d By County M.1n;¡¡nflr'6 Offlo~ Office of M.lnagflment &. BUd!1~t "15121)05 1050 AM Approved By .J;un¢!, v, Murld Board ot' Coonty GQmmiä1iioner,s- Counly Mao.agcr Dale> County Manager's orne,," 4f6r2005 Ib4:.! AM Agenda Item No. 16C18 April 12, 2005 Page 4 of 16 ATTACHMENT A Collier County County Work Order HS-FT -05-03 SCRWTP Lime Treatment Unit No.1 Date: March 14,2005 PREAMBLE The Board of County Commissioners of Collier County (hereinafter COUNTY) requested Hazen and Sawyer, P.C. (hereinafter CONSULTANT) to provide engineering services for the demolition and replacement/upgrade of Lime Reactor No. 1 and related appurtenances at the South County Regional Water Treatment Plant (SCRWTP). The existing SCRWTP consists of a 12-MGD lime softening treatment process train. The lime softening treatment process train contains three lime treatment units, each manufactured by Infilco- Degremont, Inc. and each with a diameter of 48 feet and a rated capacity of 4.0 MGD. Treatment Unit NO.1 was installed in 1982, and Treatment Units 2 and 3 were installed in 1987. Following degasification, raw water is distributed by a splitter box to the three lime treatment units. Softened water exits the lime treatment units and flows by gravity to filtration and chlorine contact facilities before being pumped to the COUNTYS finished water distribution system. Under a separate design effort (Work Order No. HS-FT-04-04), Hazen and Sawyer is providing engineering services for the addition of a new fourth lime treatment unit (Lime Reactor No.4) to provide full redundancy and reliability for the lime softening treatment train. Considering the future possibility of the North County Regional Water Treatment Plant (NCRWTP) being converted to 100 percent reverse osmosis treatment, raw water from the Tamiami wells could then be re-allocated from the NCRWTP to the SCRWTP. In planning for the potential increase in available raw water, Lime Reactor No.4 is being sized for a design capacity of 6 MGD in lieu of 4 MGD. The concrete tank for Lime Reactor NO.1 has experienced significant leakage since it was initially placed in service. According to information obtained from the County and other County consultants, the leaks have been the result of inadequate reinforcing steel during design and improper workmanship during construction. The County subsequently commissioned a repair project in which the tank exterior was wrapped with prestressing cables that were then encased in gunite. Although the repair project was generally successful, the County indicates that some leaks remain. The quality of construction of the concrete wall for Lime Reactor No.1, coupled with the County's long-term plan to provide additional reserve lime softening capacity in the event additional raw water supply is available to the SCRWTP, has led the County to establish the following overall scope for this project: 1. Following the construction and startup of Lime Reactor No.4 (designed in separate work order), demolish existing Lime Reactor No.1; then, O:ProsCollierHS-FT-05-03 Page 1 of 11 - ----~-_._. -.-------.. Agenda Item No. 16C18 April 12, 2005 Page 5 of 16 2. Construct a new Lime Reactor No.1, with a capacity of 6 MGD. Construction will include reconnecting all mechanical, electrical and instrumentation services, as well as related civil works. 3. Since several existing buried utilities are adjacentto existing Lime Reactor No.1, the new reactor will be constructed with a steel tank. The steel tank configuration requires a smaller diameter foundation slab to minimize potential conflicts with the existing buried utilities. Following construction of Lime Reactors 1 and 4, the lime softening process capacity will be as follows: Lime Reactor No.1 Lime Reactor No.2 Lime Reactor NO.3 Lime Reactor NO.4 Total Capacity Firm Capacity 6.0 MGD 4.0 MGD 4.0 MGD 6.0 MGD 20.0 MGD 14.0 MGD (largest single reactor out of service) Existing treatment unit support systems, including lime storage/slaking equipment and polymer feed equipment, will be evaluated to confirm that they are sized adequately to serve the expanded lime treatment capacity. PROJECT DESCRIPTION 1. Preparation of bidding documents for the demolition of existing Lime Reactor No. 1 and construction of a new 6-MGD Lime Reactor No.1. 2. Hydraulic evaluation of the distribution splitter box and inlet and discharge piping for Lime Reactor No. 1 to determine if existing piping will be adequate or must be replaced with larger piping. 3. Field survey and subsurface locating of existing nearby utilities related to the construction of new Lime Reactor No.1. Subsurface locating is required to avoid conflicts between proposed construction and existing utilities. 4. Note that preparation of bidding documents (drawings and specifications) for expansion of support systems is not included in the scope for Tasks 1, 2 and 3 of this Work Order. Note that if the evaluation concludes that expansion of these support systems is required, preparation of bidding documents (design drawings and specifications) for these support systems will be provided as an Additional Service under the terms of Task A.7. In addition, the COUNTY has requested that the following item(s) be addressed in this Work Order: 1. The existing lime softening plant has a current rated capacity of 12.0 MGD. Considering the future firm lime reactor capacity of 14.0 MGD, the County has requested that this Work Order include a technical evaluation to determine if the existing filters can be re-rated to an increased capacity. O:ProsCollietHS-FT -05-03 Page 2 of 11 Agenda Item No. 16C18 April 12, 2005 Page 6 of 16 PROJECT PHASING The Work Order is broken down into tasks as follows: Task 1 - Preliminary Design Task 2 - Final Design Task 3 - Permitting Task 4 - Construction Bid Services Task 5 - Construction Contract Administration Task 6 - Detailed Observation Task 7 - Additional Services SCOPE OF SERVICES TASK 1 - PRELIMINARY DESIGN 1.1- Technical Memorandum CONSUL TANTwill prepare a technical memorandum presenting a narrative of the proposed work, preliminary construction drawings (30% level), design criteria with appropriate exhibits to clearly indicate the considerations involved (including applicable requirements of all govemmental agencies having jurisdiction on the project), a preliminary estimate of construction costs, a preliminary project schedule, and CONSULTANT'S recommendations for proceeding with the detailed design of the project. 1.2 - In-House QA/QC Review The draft technical memorandum will receive an in-house QAlQC review prior to submittal to the COUNTY. The review will consist of comments from senior level staff members to check for compliance with applicable codes and standards. 1.3 - Review with COUNTY The draft technical memorandum will be distributed to the COUNTY (eight copies), approximately two weeks prior to the scheduling of a review meeting. This review meeting will serve as a forum for receiving and reviewing COUNTY input. 1.4 - Finalize Technical Memorandum Based on comments received from the COUNTY, the CONSULTANT will finalize the technical memorandum. Eight copies of each will be forwarded to the COUNTY for final acceptance. TASK 2 - DETAILED DESIGN 2.1 - Prepare 600/0 AND 90% Documents Upon receiving final acceptance of the Technical Memorandum from the COUNTY, the CONSUL TANT will commence with the preparation of detailed design contract documents O:ProsCoIlierHS-FT ..{)5-03 Page 3 of 11 Agenda Item No. 16C18 April 12, 2005 Page 7 of 16 (drawings and technical specifications) for the project. Improvements shall be designed per the recommended criteria as presented in the final Technical Memorandum accepted in Task 1. 2.2 - Cost Estimate (60% and 90% Designs) CONSULTANT will prepare cost estimates at the 60 percent and 90 percent design completion stages to provide the COUNTY with up-to-date progress estimates of projected probable construction costs. 2.3 - In-House QAlQC Review The 60 percent and 90 percent design documents will receive in-house QA/QC reviews prior to submittal to the COUNTY. The review will include verification of compliance with applicable codes and standards. final interdisciplinary checks. general coordination and constructability issues, will be conducted by senior level personnel not involved in the day-to-day activities of the project to ensure a "fresh eyes" review. 2.4 - Review with COUNTY The 60 percent and 90 percent design documents will be distributed to the COUNTY (eight copies). approximately two weeks prior to the scheduling of the respective review meetings. These review meetings will serve as a forum for receiving and reviewing COUNTY input. 2.5 - Final Contract Bidding Documents Based on input received from the COUNTY at review meetings during Task 2.4, the CONSUL TANT will prepare the proposed final (100%) contract documents. 2.6 - Delivery of Final Contract Bidding Documents CONSUL TANTwlll furnish COUNTY with reproducible originals and/or electronic files of proposed final contract documents and five (5) sets of the 100% completion level detailed opinion of probable construction cost. TASK 3· PERMITTING 3.1 - Construction Permitting Coordinate and attend up to two (2) meetings with the following regulatory agencies to discuss the requirements for acquiring pre-bid construction permits for this project. · Collier County Development and Environmental Services Division · Florida Department of Environment Protection (FDEP) · South Florida Water Management District Coordinate contact with these agencies through the COUNTY Project Manager. Prepare permit applications required for addition of Lime Treatment Unit No. 1 and related appurtenances. O:ProsCo//ierHS-FT -05-03 Page 4 of 11 Agenda Item No. 16C18 Aprìl12,2005 Page 8 of 16 Completion of the following permit applications are assumed: · One FDEP permit application · One (1) Site Development Plan Amendment as required by the Collier County Development and Environmental Services Division. · One SFWMD Environmental Resource Permit (including stormwater management system update) Prepare up to three (3) written responses to the regulatory agencies request for additional information (RAI) regarding each permit application referenced above. Compensation for this task includes permitting fees. Permitting fees will be paid by the CONSULTANT and reimbursed by the COUNTY through this Task. Task 3.2 - Building Department Permit Assistance Supply the contractor with five (5) signed and sealed bid-set contract documents for the contractor to apply and acquire a Collier County Building Department permit. The contractor shall be responsible for obtaining the building department permit. Assist the contractor to obtain a construction permit from the Collier County Building Department. Assistance shall include correspondence with the contractor and Collier County Building Department. coordination and attendance at meetings with the Collier County Building Department to address comments regarding the design intent, revisions of drawings and specifications to meet the requirements of the Collier County Building Department. TASK 4 - CONSTRUCTION BID SERVICES Services to be provided during the bidding and award phase are as follow: 1. Attend pre-bid meeting with prospective bidders; 2. Prepare and issue addenda as appropriate to interpret or clarify contract documents; TASK 5 - CONSTRUCTION CONTRACT ADMINISTRATION TO BE DETERMINED TASK 6 - DETAILED OBSERVATION TO BE DETERMINED O:ProsColfierHS-FT-05-03 Page 5 of 11 Agenda Item No. 16C 18 April 12, 2005 Page 9 of 16 TASK 7 - ADDITIONAL SERVICES 7.1 - Reimbursable Expenses Expenses of reproductions, postage and handling of Drawings and Specifications. travel, etc. in accordance with Article 5.3 of the Agreement for Professional Utility Engineering Services between Hazen and Sawyer, P.C. and Board of County Commissioners for Collier County, Florida. 7.2 . Surveying Surveying of the treatment facility area to establish baseline conditions for the Design Report and serve as control of hydraulic points and miscellaneous items during construction. Surveying will also include subsurface locating services to establish as-built locations of buried utilities adjacent to the proposed area(s) of construction. 7.3 - Geotechnical Services Laboratory testing and geotechnical work associated with the characterization of soils for structural design and laboratory testing of materials during construction. 7.4 - State Revolving Fund Loan Management Assistance Preparation of the following documents for the COUNTY to obtain a State Revolving Fund loan for this project: · Completed Water Facilities Plan/Amendment (62-503.700) · Results of 60 day comment period following publication of the results of FDEP's environmental review of the facilities plan. and the resolution of any comments · Biddable plans and specifications along with evidence that FDEP has established conformance with the plans (i.e., permits where needed) · Value engineering for any project in excess of $10 million (should not apply to this project since estimated cost of construction is less than $10 million). · Evidence of intent to issue a permit authorizing construction from FDEP · Capital Financing Plan 7.4.1 - Process Summary and Documents Needs Review the potential for the COUNTY to obtain low interest State Revolving Fund monies for the construction of this capital project. It is the COUNTY'S desire to secure loan funds as soon as possible to permit the construction of the facilities starting in October 2005 if possible. This subtask will develop the following: · Project Data (cost estimates and implementation schedules) · SRF requirements and deadlines · Listing of Existing Documents · Document Needs · Schedule of COUNTY Activities with Estimated Completion Times and Costs to Pursue SRF · General Opinion regarding Potential to Obtain Funding O:ProsCollierHS-FT -05-03 Page 6 of 11 Agenda Item No. 16C18 April 12, 2005 Page 10 of 16 Each of these items will be compiled into a technical report to the COUNTY. A calendar of steps required by the COUNTYto apply for SRF funds for the water system will be developed. Items known to be necessary are: · Revision/development of a Facilities Plan · Public Hearings on the Facilities Plan · Approval of the County Commission of the Facilities Plan · Modifications to the COUNTY'S Capital Improvement program · Review and approval of the Plan via the State Clearinghouse process and other agencies · FONSI finding (advertised in Florida Administrative Weekly) · Submission of Requests for Inclusion of Projects · Pre-construction Loan Application · Construction Loan Applications Discussions with FDEP on how to shorten this procedure are anticipated. Notice requirements, review periods and schedules for the COUNTY will be included in the calendar. Where documents may not exist, estimates of the time to complete will be made and included in the calendar. To qualify for funding, the COUNTY needs to complete the following in this phase: · Submit Requests for Inclusion forms · Complete Facilities Plan · Hold Public Hearing on the Facilities Plan · Approval of the County Commission of the Facilities Plan · Modifications to the COUNTY'S Capital Improvement Program · Review and approval of the Facilities Plan via the State Clearinghouse process by the State and other agencies 7.4.2 - Prepare Reauest for Inclusion According to the Instructions for Requests for Inclusion of the Priority List for the Water and Wastewater Facilities, all requests for inclusion must be submitted to FDEP. It is the COUNTY'S desire to secure loan funds as soon as possible to permit the construction of the proposed water treatment facilities and to remain on the priority IisHor a series offuture projects. To this end, the following have to be completed: · Preparation of SRF forms for placement of the COUNTY'S projects on the pre- construction/construction list for SRF projects including: · Cost · Schedule · Flows involved · Categorizing need · Back-up materials to explain project. This does not provide funding, it only get the projects on the list. O:ProsCoIlierHS-FT -05-03 Page 7 of 11 Agenda Item No. 16C18 April 12, 2005 Page 11 of 16 7.4.3 - Prepare Facilities Plan Prepare a draft Facilities Plan or Facilities Plan Update for water to include the following: · Introduction · Environmental Climate · Summary of Existing Facilities · Summary of Existing Capital construction · Future capital Needs · Cost Comparisons · Environmental Impact Assessment · Public Participation The following appendices will be referenced and included: · Most recent rate analysis Should any current rate analysis documents prove insufficient, the COUNTYwill need to develop same. CONSULTANT can perform a "table-top" rate analysis as an additional service under Task A.7. Public Hearing Support Develop a preliminary Powerpoint presentation and provide support to the COUNTYfor the public hearing. This would include one meeting with COUNTY staff prior to the public hearing. Post Public Hearing Support To qualify for funding, once the plan is approved by the County Commission, it must be submitted to FDEP for review and comment. The State's timeline for reviewing the Facilities Plan is likely the longest requirement in the process to secure funds (about 90 days). Once approved by the County Commission, the Facilities Plan Amendment is transmitted to the State, where it is dispersed to 20 or so other agencies via the State Clearinghouse agency. Each agency has 60 days to comment. All comments are collated and retuned to the local government at the conclusion of the 60 days. The local govemment must respond, which Public Utility Management and Planning Services, Inc. will perform for the COUNTY. Assuming all comments are satisfactorily addressed, FDEP will authorize a 30-day comment period via the FONSI process, where the environmental aspects of the program are advertised in the Florida Administrative Weekly. Certification that this process is complete must be accomplished prior to consideration for placement on the Construction loan list and prior to the COUNTY requesting funds. It takes 9-12 weeks to complete this process. FDEP Comment Period Responses to FDEP to address issues raised during the comment period and the FDEP review are hard to quantify. A review of the revised checklist (provided by FDEP staff) would indicate that the requisite issues have been addressed so new sections to the report are not expected. However, clarification, additional back-up and minor revisions to sections are O:ProsCo/lierHS-FT-05-03 Page 8 of 11 ...---- ---"~'--'" Agenda Item No. 16C18 April 12, 2005 Page 12 of 16 possible. It is anticipated that 40 hours may be required to address these issues. That would include one meeting with FDEP staff. 7.4.4 - Capital Financina Plan Documents To support the COUNTY'S loan application and to gain inclusion on the priority list, the COUNTY must submit a capital financing plan. This plan describes how the COUNTY is going to pay for the projects for which it requests funds. Most of the information is associated with rates, fees, and expenses, and relies heavily on the prior budgets and audits. Some assistance from the COUNTY'S rate consultant will be necessary. The following are documents or reports that the COUNTY has currently available that will be required (all or in part) in support of the capital financing plan: · Most recent budget · Most recent 5 year CIP · Most recent 2 audits · Water conservation plan · Water use permit · Most recent rate study · Rate Ordinance · Mandatory connection policy Most of these documents would be included as appendices to the loan submission documentation and require no modification or updating. Based on experience the Capital Financing Plan will take about 40 hours to develop to a form that can be submitted to FDEP. There will be a variety of issues that arise during FDEP review and prior to funds being provided to the COUNTY. Most of this can be handled by phone so no meetings with FDEP are expected. Meetings with COUNTY staff however are anticipated. At least two visits/meetings with COUNTY staff are assumed. The follow-up issues are expected to consume at least an additional ten hours. 7.4.5 - Preparation of Pre-Construction and Construction loan Applications Develop the documents required for the loan application package. There will be several meetings with the COUNTYto complete the loan application. 7.4.6 - Preparation of Other SRF Documents Including Audits Develop necessary documents required for the loan application package. Depending on the COUNTY'S needs, other services will include: Review of files to ensure conformance with SRF audit requirements · Training COUNTY staff to build appropriate files for SRF documentation Communication with staff and FDEP · Communication with engineers and other consultants involved in the construction process · County Commission discussions O:ProsCollierHS-FT-OfHJ3 Page 9 of 11 _~m___._ __..__ Agenda Item No. 16C18 April 12, 2005 Page 13 of 16 7.5 - Additional Services (as authorized) Provide additional services, at costs agreed upon by the COUNTY and CONSULTANT and as authorized by the COUNTY, which may arise during the course of the work that are consistent with the intent of the original work order; but, were not envisioned as part of the original or amended scope of work. CONSULTANT shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the COUNTY'S Project Manager in writing in advance of performance of said Additional Services. Failure to notify the COUNTY in writing of Additional Services shall be deemed a waiver of any claim by the CONSUL TANTthat such services were Additional Services. Additional written authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit. ASSUMPTIONS The following assumptions were made in preparation of the above scope: 1. Engineering fees for construction phase services are based upon 8-hour workdays, Monday through Friday, excludes work on weekends and COUNTY holidays. 2. The COUNTY will provide all available shop drawings for equipment related to existing Lime Treatment Units 1, 2 and 3 and the lime softening plant filters for the CONSUL TANT'S reference in developing design documents. 3. The COUNTY will provide a copy of the current SCRWTP operating pennit for the CONSUL TANT'S reference in developing design documents and the FDEP permit application. COMPENSATION The compensation for engineering services provided under this Work Order shall be on a Time and Material basis with a not-to-exceed amount of $TBD. A cost breakdown by task for engineering services described in this Work Order follows: Description Time and Materials Not-to-Exceed Fee Task 1 - Design Report $ 8,480 Task 2 - Preliminary and Final Design $ 65,130 Task 3 - Permitting $ 0 Task 4 - Construction Bid Services $ 1,660 Task 5 - Construction Contract Administration TBD Task 6 - Detailed Observation TBD Task 7 - Additional Services $ 65,000 Total - labor and Expenses (Not-to-Exceed) $ 140,270 O:ProsCo/lierHS-FT -05-03 Page 10 of 11 Agenda Item No. 16C18 April 12, 2005 Page 14 of 16 A detailed tabular breakdown of labor effort by Task is included as Attachment 1. A preliminary list of design drawings is included as Attachment 2. Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor proposed substitution reviews shall be billed separately to COUNTYfor contractor reimbursement in accordance with the construction contract documents. NOTE: It is noted that this Scope of Services assumes services are based upon 8-hourworkdays, Monday through Friday, excluding COUNTY holidays. Should longer work hours, or weekend work hours, be requested by the construction contractor and approved by the COUNTY, an equitable adjustment to CONSULTANT'S fee will be made which may include overtime rates. Should the construction period extend beyond the contract construction period, appropriate adjustment of services and fee shall be made by amendment to this Work: Order. SCHEDULE The duration of major work tasks are summarized below: Description Completion Time from Notice-to- ProceedA Task 1 - Preliminary Design 4 weeks Task 2 - Detailed Design 12 weeks Task 3 - Permitting 12 weeks Task 4 - Construction Bid Services As required Task 5 - Construction Contract Administration TBD Task 6 - Detailed Observation TBD Task 7 - Additional Services Note A: Unless otherwise noted. O:ProsCollierHS-FT ..()5-03 Page 11 of 11 -----.,--.,---. WORK ORDER tI HS-FT-05-03 Agreement for Fixed Term Prof..slonal Engineering ServIces Dated April 10, 2001 (Contract #00-3119) Agenda Item No. 16C18 April 12, 2005 Page 15 of 16 This Work Order /s for professional engineering services for work known as Desion and Permittin~ Services for the reelacement of Lime Softenin~ Reactor No 1 Ill! SCRTWP . (Reason for Proiect) To accommodate the reliabllitv and future ~rowth. The work is specified in the proposal dated March 14, 2005, which is attached hereto and made a part of this Work Order as Exhibit A. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # HS-FT-05-03 is assigned to Hazen and Sawver, P.C.. (Firm Name) ScoDe of Work: Engineering services to Collier County Public Utilities for the study, survey, design and permitting for the replacement of Lime Softening Reactor No 1 at SCRWTP. Schedule of Work: Hazen and Sawyer, P.C., agrees to accomplish the following milestones In the timellne described below from the receipt of the Notice to Proceed authorizing to start work: Study work within 4 weeks. Survey and Preliminary Design work within 12 weeks. 100% Design work within ~ weeks. Comeensatlon: in accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated In the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). SERVICES FEE FEE TYPE 1.0 Design Report $ 8,480 TIM 2.0 Preliminary and Final Design $65,130 TIM 3.0 Permitting . $ 0.00 TIM 4.0 Construction Bid Services $ 1,660 TIM 5.0 Construction Contract Administration TBD 6.0 Detailed Observation TBD 7.0 Additional Services $65,000 TIM Total S14O.270 (Not to Exceed) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule -A" of the Agreement. SUBMrITEDBY, . f / d/ "i\A- ~ Sri ar, Project Manager Public Utilities Engineering Department DATE: ?/ :J.S-/O;' REVIEWED BY: DATE: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: DATE: Paul Mattaush Water Director REVIEWED BY: DATE: Steve Carnell Purchasing Director REVIEWED BY: DATE: Roy B. Anderson, P.E., Director Public Utilities Engineering Department Approved as to Form and Legal Sufficiency: ACCEPTED BY Date: 3/220/0$ Thomas Palmer, Assistant County Attorney Witnes~: By: '{' cCJJ f ..I. cf:)o..v-- Signature Patrick A. Davis, V.P. Name and Title By: "5~_ \J. ~. Name and Title Agenda Item No. 16C18 April 12, 2005 Page 16 of 16 Capital Project No. 71023 ,-,...,.."."-:.....:....--..,,.....--.....:,., ....,.-....,-_..,-..,.....,.......-..,_...".,..:-,... , ... Plo.' ....... FY07 -L-2!!!!!--L- 2007 'f!f¡'¡:' ,. .. I 2001 EVENT Coet Prlllmlnsry Design .... Final Design ".1" Bid Services $1._ Addltionsl Services ....- Project Totsl $1<141,27t1 Qtr1Qtr2Qtr3'Qb>I Q\r1 Qtr2'Q1r3 'Qþ>4Qtr1'Qtr2Q1r3 Qb>I Q\r1Qtr2; QIr3 Qb>I'Q\r1' Qtr2 ~;Qtr4 - Recommended Action: Recommendation to approve work Order HS-.Ff -05-03 onder 00- 3119 - Fixed Term ProfeSJionaI Utilities Engineering Services to Hazen and Sawyer in the amoont of 5140,270 for Engineering Services for the design of Lime Softening Reactor No.1, Project 71023. ,- Agenda Item No. 16C19 April 12, 2005 Page 1 of 48 EXECUTIVE SUMMARY Recommendation to approve the after-the-fact submittal of two Alternative Water Supply Grant Applications to the South Florida Water Management District for the construction of the North County Regional Water Treatment Plant (NCRWTP) Mid Hawthorn Zone 1 Reverse Osmosis (RO) Well Nos. 101, 102, 114, 115, and 116 in the amount of $1,397,000, Project 71011. OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners (BCC) to submit two Alternative Water Supply Grant Applications to the South Florida Water Management District for the construction of the NCRWTP Mid Hawthorn Zone 1 RO Well Nos. 101, 102, ] 14, 115, and 116 in the amount of $1,397,000, Project 71011. The public purpose is to increase the reliability of meeting peak water demands of Collier County's water customers. CONSIDERATIONS: On March 30, 2005, the grant application was signed by the County Manager and submitted to the South Florida Water Management District. The application deadline was April 1,2005. The application was not prepared in time for the Board's approval prior to this deadline. .- The projects are to connect five (5) public water supply reliability wells (RO Well Nos. 10 1, 102, 114, 115, and 116) to the water supply system. The reliability wells: 1) contribute to the long-term reliability of the County's public water system by increasing the reliability of the raw groundwater supply serving the RO treatment process of the NCR WTP; and 2) preserve freshwater sources by maintaining viability of using a brackish aquifer as an alternative water supply source. Public Utilities Engineering submitted the applications requesting $1,397,000, which represents one half of total project costs of $2,794,000. Grants for this program in the past have ranged from $100,000 to $300,000. Last year, Collier County received five grants totaling $750,000, including one that was for $450,000. Should the full grant request not be awarded, it will not affect the completion ofthe project. The purpose of this grant is to encourage the development of alternative sources of water to replace potable &esh water. Projects must be completed within three years of execution of the agreement. Grant applications are typically reviewed and awarded in September of each year. Upon receipt of the grant award, staff will present the agreement to the Board for approval, subject to County Attorney approval. FISCAL IMPACT: The total cost of this project is $2,794,000, with $1,397,000 requested for the grant and $1,397,000 as the local match. Funds for this project are included FY 05 budget approved by the Board of County Commissioners on September 23, 2004. Funds for this project are currently appropriated in the Water Capital Project Budget, Project 71011. The source offunds is Water User Fees, Fund 412. - ...,,"'.............,,'.,.-',<. Agenda Item No. 16C19 April 12, 2005 Page 2 of 48 GROWTH MANAGEMENT IMPACT: The project is consistent with and furthers the Goals, Objectives and Policies of the Growth Management Plan and is consistent with the 2003 Water Master Plan approved by the Board on May 25,2004. LEGAL CONSIDERATION: The draft agreement is included with the application; however, the final agreement will be presented to the Board of County Commissioners after award of the grant. This will occur at the end of2005 or the beginning of2006. In addition to standard agreement terms including the three-year tenn, several changes have been made to the new agreements for this program, including: 1) funds will not be used to pay for any design, pennitting or research aspects of the project, 2) significant changes having to do with tennination and breach of contract, 3) periodic audits may be performed to make sure grantees meet funding objectives, 4) delays due to difficulty in getting penn its is not grounds to ask for more money from SFWMD and either party can terminate the agreement if pennitting delays are significant enough, and 5) all publicity and media/outreach will be jointly planned by the project manager and the South Florida Water Management District and pre-approved by the District. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio ofthe Governing Board of the Collier County Water-Sewer District, approve the after-the-fact approval of an Alternative Water Supply Grant Application to the South Florida Water Management District for the NCRWTP Mid Hawthorn Zone 1 RO Well Nos. 101, 102, 114, 115, and 116 projects. PREPARED BY: Roy B. Anderson, P.E., Director, Public Utilities Engineering - Agenda Item Nt), 16C19 Apri! 1 2, 2005 Page 3 of 48 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C~19 Rec:¡rt1i11endafit,n to ¡ )prove the ..tfer~1t:~H<¡ct ,>!¡brrllt!81 cf !W(, Altt':nwtlve Water Supply Glafll AppliC;;;¡f1on" to the 5()1;1h Florida './'Jutel Mat1<I~el'nel1. [)1¡¡.I.riC'i (;ral~ çon$iructJcn oHhe NG¡ih Cour.I,~· R~"lcn~1 Wa1er TreatlT1er:t Plant (NC-RWTP) Mid Ha.w1hort"l ZOr'le 1 Re\fer8~ Osmosis (RO'¡ Well Nos, 101 102.114. 115. õind 116 iri tho:: amount Of $1.397.000, Pro¡ec.t 71011 Meeting Date 411:1./2005 ~·)"OO'O[) AM Approvcd By M..tiene J. FOOld Grants Coordinator Date AdmJnis.tratl'Je Service~ A.dmlnjstfÎit~\le Sell'lces Admin. .(1.12005 9:29 AM Approved By Roy Et A u!rH.'~fm p.r:.:. PUblk: Utilltir.s F.nginet!ring Dirf!clot Dale Public. UtilitIes. PubHc Utllitle¡ Ë.ngineerinQ 4/4/2005 11 :51 AM Approved By Thorn.:!!. Wid(!s Opcfðttoru. Director O<1te PUblic Utilities Public UWitJu Oper3tions .(¡""2005 12;15 ~M Approved By Jam"" W. DcL-ony Public Utilltit],!i Admh1h;trator Dale Public UdIiH~$ PUbl (: UtHlUp.$ Adnlir1i!ltr<ltlo!1 41412005 '1;1:3[1 PM Approved By OM8 CoordlnatCtr Administrative A3SIs.h1nt Dílte Cn\.lnty Mannget's OfficI! Office of M~U'Htg~mC"t & BudlJf';t 41512065 7 ::i8 AM Approved By Su:Wtn lJ~h~r Stmlor Mi11!1IQ!er!uml'8udget AnalYiít Date CounlY Mm1¡¡¡{Jct'¡¡. {)f1ir.e orner. of Maf1agr.menl ~ ßudg ,t <l1,'ì12005 10;)4 AM Approved By Mlch;¡u! snlykowskl Man1lgel'I1ent & Budget O!tlK:tar Date Cotlnlv M.aoa;er's. Offic~ Office of Mar;ùQemt:nt & Budge-t 4I5120U5 12:02 PM Approved B)' JUlnU V. Mudd Bo¡\rd (.>1 County r;Qmmis.1I'iot1er¡o CI)Ullty Managet Date Counry Mana~(!r's Ornec '(/5121}05 9:10 PM ~ Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlenefoord@colliere:ov.net (239) 774-8971 (239) 774-8720 (fax) Agenda Item No. 16C1 9 April 12, 2005 Page 4 of 48 TO: Jim Mudd, County Manager CC: Leo Ochs, Deputy County Manager Len Price, Administrative Services Administrator Artie Bay, Senior Administrative Assistant, PUED Marlene Foor["6;ants Coordinator Applications Reviewed and Approved by County M , or designee for submittal: DATE: March 29, 2005 CounD' M¥1ager .9/3 I/Ø:;"- ( date) After-the-Fact Approval by the BCC is required at the April 12. 2005 BCC meeting. FROM: SUBJECT: County Manager Approval of Public Utilities Applications to South Florida Water Management District for the Alternative Water Supply Funding Program Grant applications for the Alternative Water Supply funding program are due April 1, 2005. The applications were not prepared by Public Utilities Engineering in time to ask the Board of County Commissioners to approve the submittal. Therefore, your approval is requested by that department and after-the fact approval by the BCC will be requested at the April 12, 2005 meeting. Artie Bay and Roy Anderson of the Public Utilities Division are responsible for ensuring that the applications are signed by you, submitted on time and submitted in time for the April 12,2005 Board of County Commissioners meeting for after-the-fact approval. Three applications are being submitted: 1) Manatee Road Aquifer Storage and Recovery Expansion 2) Hawthorn Zone 1 RO Well Nos. 101 and 102 3) Hawthorn Zone 1 RO Well Nos. 114, 115, and 116 Your signature is required on the transmittal letter, the application page and the acknowledgement form, which also requires that your signature be notarized. Mary Beck of Administrative Services has offered to serve as notary for these pages. Once you have reviewed and signed all applications, please return a copy of this memo with your signature and date of signature in the box above. Draft applications are attached. <¿5'l1-( cc,,-U D l eß.S-l.. ~ {'Itf!... T O{ JZ-.("{'-. ~{...D"" r-c..~- ~lLJ Please let me know if you have any questions. Agenda Item No. 16C19 April 12, 2005 COLLIER COUNTY MANAGER'S OFFICF50f48 ~"<c~_ 3301 East Tamiami Trail· Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010 ..--=.~~-,...- April 1, 2005 South Florida Water Management District Procurement Division, B-1 Building, 2nd Floor 3301 Gun Club Road West Palm Beach, FL 33406 ATIN: Alternative Water Supply Funding Program Application FY 2006 RE: Collier County Hawthorn RO Well Nos. 101 and 102 Dear Chairperson and Board Members: Collier County respectfully submits the enclosed proposal for funding the construction of wellhead equipment and attendant piping for two (2) public water supply wells (RO Well Nos. 101 and 102). The well construction portion of the wells has been completed. Connection of the wells to the water supply system will serve to increase the reliability of the groundwater supply serving the reverse osmosis (RO) treatment process of the North County Region Water Treatment Plant (NCRWTP) thereby increasing the reliability of raw water available to feed the existing membrane water treatment process. The reliability wells project will enable the South Florida Water Management District to further its mission of enhancing the existing water supply and contributing toward long- term reliability. Collier County currently operates the North Hawthorn Wellfield, which at present consists of fourteen (14) wells drawing from a brackish aquifer and serving the NCRWTP. Supplemental to the North Hawthorn Wellfield, the existing Golden Gate Wellfield, which consists of thirty-two (32) wells drawing from a fresh aquifer, also serves the NCRWTP, in addition to serving the County's South County Region Water Treatment Plant (SCRWTP). A total of ten new reliability wells, all drawing from a brackish aquifer, are expected to increase the reliability of the North Hawthorn Wellfield by a total of 5 million gallons per day (mgd) or approximately 0.5 mgd per well. Collier County now requests funding for the first two reliability wells to be constructed in Fiscal Year 2006, with plans to build and construct the remaining reliability wells in the near future. The new wells will improve the reliability of Collier County's water system by providing back-up wells for existing wells that may need to be shut down for routine maintenance or repair, or as emergency back-up if an existing well fails to produce an adequate supply of water (i.e. replace lost capacity due to saline water encroachment). The Need for the Proiect: Collier County is located within the South Florida Water Management District's (SFWMD) Water Resource Caution Area and the Big Cypress Basin. The County has experienced and is anticipated to have potable water supply c ø l~ ~ f' c t) u <' t ,'Ý - Agenda Item No. 16C19 April 12, 2005 Page 6 of 48 problems in the next 20 years. This project will help alleviate some of these water supply problems by providing reliability wells for use in emergencies. Target Audience: The project will provide benefit to the citizens of Collier County by increasing the reliability of raw water available to feed the existing membrane water treatment process at the NCRWTP. The use of brackish water assists in the preservation of fresh groundwater supplies in Collier County. Primary Strategies for Implementation: The scope of work for this project includes two major tasks, which are listed below: Task 1: Construction of two reliability wells equipped with vertical turbine pumps, wellhead equipment (flowmeters, telemetry, etc.) and attendant piping. The reliability wells will be connected to the County's existing water supply system to the NCRWTP. Task 2: Operational and start-up services. A more detailed description of these tasks is included in the attached "Statement of Work." Evaluation of the Short and Long-term Benefits of the Proiect: This reliability well project (10 wells) for the NCRWTP will ultimately increase the reliability of the alternative water source by 5 mgd. Long-term benefits will include increased reliability of alternative water source and a reduced threat of saltwater intrusion. The installation of reliability wells for the NCRWTP will provide a means to meet the potable water demand of customers with increased reliability and will support local and regional water management strategies. Proposed Project Management Plan: Mr. Roy B. Anderson, P.E., Public Utilities Engineering Director at (239) 530-5336 will serve as Program Director for this project and Mr. Peter Schalt, PMP, at (239) 530-5343 will serve as Senior Project Manager. Following execution of the agreement between the SFWMD and Collier County, a kick- off meeting will be held in which the County will update the District on the project's status and establish a schedule of project payments to be submitted to the District. The project has been subdivided into two work tasks to assist in the overall management of the project. These work tasks and a project schedule are discussed in the "Statement of Work" section of this application. Monthly progress reports will be prepared by the County which will describe: 1) the work completed during the past month, 2) activities anticipated to be completed during the upcoming month, 3) the status of the project budget, and 4) any anticipated needs to revise the schedule and/ or budget. c u l~~ (j ,. c ù H tf t ,\' - Agenda Item No. 16C19 April 12, 2005 Page 7 of 48 Collier County Authorized Representatives: The following people are authorized to make representations regarding this project on behalf of Collier County: NAME: TITLE: AGENCY: ADDRESS: James V. Mudd, P.E. County Manager Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 774-8383 (239) 774-4010 J amesM udd@coIIiergov.net PHONE: FAX: EMAIL: NAME: TITLE: AGENCY: ADDRESS: James W. Delony, P.E. Public Utilities Administrator Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 732-2540 (239) 732-2526 JimDelony@colliergov.net PHONE: FAX: EMAIL: NAME: TITLE: AGENCY: ADDRESS: Peter Schalt, PMP Senior Project Manager Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 530-5343 (239) 530-5378 PeterSchalt©colliergov.net PHONE: FAX: EMAIL: As an authorized representative of Collier County, I declare that this Alternative Water Supply Funding Program Application was prepared without collusion with any other person or entity submitting an application pursuant to the Funding Program. Collier County looks forward to working with the District on the construction of two reliability wells for the NCRWTP. Sincerely, James V. Mudd, P.E. County Manager c (J ~. r Ti"'~¡ n J' c ~> u n t. ." ~ Agenda Item No. 16C19 April 12, 2005 Page 8 of 48 APPLlCA TION SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005-2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM APPLICATION FORM Application No: A WS - 06 (District to provide) The undersigned Applicant has read all of the tenns and conditions of the Alternative Water Supply Funding Program Guidelines and Application, and certifies that all of the infonnation contained within this application and subsequent Exhibits! Attachments are true and correct to the best of their knowledge. Applicant's Legal Name: Applicant's Address: Collier County Water-Sewer District 3301 Tamiami Trail E. Bldg. H, 3rd Floor Naples, Florida 34112 (State Div./Dept. if applicable) Project Title: Hawthorn Zone 1 RO Well Nos. 101 and 102 Funding Amount Requested: $497,000 Description: Construction of wellhead equipment and attendant piping for two (2) public water supply wells serving the reverse osmosis treatment process of the North County Region Water Treatment Plant. County in which Project will be Built: Collier County Type of Organization: County Government Date of Incorporation: State ofIncorporation: Federal IDNo.:2I-07-0I9995-53C Has your organization ever received funding under the Alternative Water Supply Program? Yes . No D Year last received: 2004-2005 Amount of Funding Received: $ 750,000 Is the Project(s) Still Ongoing? Yes. NoD District's Contract Number(s): _DG050234-DG050238_ Expected Completion Date(s): _3-13-08 Current Status of the Project(s):_AIJ projects within schedule Authorized Person's Name: James V. Mudd, P.E. Signature: Telephone Area Code /Number: (239) 774-8383 Fax Number: (239) 774-4010 Must be signed by entity Title: County Manaqer Agenda Item No. 16C19 April 12, 2005 Page 9 of 48 Statement of Work Introduction Collier County is requesting funding to connect two (2) public water supply wells (RO Well Nos. 101 and 102), as reliability wells, to the water supply system. The reliability wells: 1) contribute to the long-tenn reliability of the County's public water system by increasing the reliability of the groundwater supply serving the reverse osmosis (RO) treatment process of the North County Region Water Treatment Plant (NCRWTP); and 2) preserve freshwater sources by maintaining viability of using a brackish aquifer as an alternative water supply source. Background Existing needs for additional reliability, coupled with an extremely high rate of growth, have prompted Collier County to move forward with a comprehensive plan to improve and expand its wellfield system. As part of the comprehensive plan additional wells are to be provided to meet requirements for reliability. As indicated in the 2003 Water Master Plan Update, "the North Hawthorn Wellfield supplies the required raw water capacity of 11.43 MGD to the NCRWTP RO treatment stream, but some salinity issues have compromised the additional20-percent reliability standard established by the Water-Sewer District." Proposed additional wells include ten wells to be installed as reliability wells for the North Hawthorn Wellfield, drawing from a brackish aquifer, serving the RO treatment process of the NCRWTP. Project Justification The new wells will improve the reliability of Collier County's water system by providing back-up wells for existing wells that may need to be shut down for routine maintenance or repair, or as emergency back-up if an existing well fails to produce an adequate supply of water (i.e. replace lost capacity due to saline water encroachment). To date, approximately 4 million gallons per day (mgd) of capacity has been lost as a result of increased chloride levels in existing RO Well Nos. 1N, 2N, 3N, and 4N. The project will help Collier County meet the objectives of its Water Supply Master Plan. Potential for Significant and Lasting Benefits Installation of reliability wells will have significant and lasting benefits for Collier County. The project will · increase the reliability of the existing water supply system, · provide a means for meeting the potable demands for current and future Collier County customers, · provide a means to conserve freshwater resources, and Agenda Item No. 16C19 April 12, 2005 Page 10 of 48 . support regional water management strategies. Scope The existing North Hawthorn Wellfield, which at present consists of sixteen (16) wells drawing from a brackish aquifer, serves the NCRWTP. Supplemental to the North Hawthorn Wellfield, the existing Golden Gate Wellfield, which presently consists of thirty-two (32) wells drawing from a fresh aquifer, also serves the NCRWTP, in addition to serving the County's South County Region Water Treatment Plant (SCRWTP). A total of ten new reliability wells, all drawing from a brackish aquifer, are expected to increase the reliability of the North Hawthorn WeIlfield by a total of 5 mgd or approximately 0.5 mgd per well, thereby increasing the reliability of raw water available to feed the existing membrane water treatment process. The purpose of the RO Well Nos. 101 and 102 project is to connect the two proposed wells to the water supply system. The well casing for the two wells has been installed. Work Breakdown Shucture (WBS) The 2002 Water Master Plan Update recommended the addition of wells for reliability purposes. The 2003 Water Master Plan Update indicated the County should accelerate the rate of installation of replacement wells. County's WBS No. 71011 provides for study and design of new Hawthorn wells to provide additional water supply reliability for the NCRWTP RO facility. Description of Project Elements The project consists of two tasks: 1) construction of two reliability wells equipped with vertical turbine pumps, wellhead equipment (fIowmeters, telemetry, etc.) and attendant piping; and, 2) operational and startup services. Construction of Two Reliability Wells The County, with the assistance of the Engineer, will obtain bids for the construction of the connection of two reliability wells including wellhead and transmission piping, and associated appurtenances as required to bring the wells on-line. The Contractor will be responsible for providing all materials, equipment, and labor required to construct the wellhead and transmission piping in accordance with the design drawings and specifications. Engineer will attend a pre-construction conference with representatives from the County and Contractor and review and process shop drawings, samples, sched ules, certifications and other data, which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the information provided in the construction contract documents. The Engineer will provide part-time, on-site observation of construction activities by one or more representatives as authorized and approved by the County. The following activities by the Engineer are included in this task. Agenda Item No. 16C 19 Aprí112,2005 Page 11 of 48 1. Conduct on-site observations of the work in progress by the Contractor to determine that the project is proceeding in accordance with the Contract Documents. 2. Ensure that tests are conducted as required and that Contractor maintains adequate records thereof. Also, observe record and report to the County test procedures and results. 3. Assist the County in serving as the liaison with the Contractor. 4. Make reviews to ascertain that the Contractor maintains up-to-date record drawings at the site. 5. Assist monthly progress meetings with representatives from the Contractor and from the County. Operational and Startup Services Under this task, the Engineer will conduct a system checkout, including troubleshooting of equipment and instrumentation installed as part of the project. Engineer will provide on-site advice and troubleshooting throughout the start-up. Engineer will observe start- up and evaluate performance of the newly connected reliability wells. Location of the Project The NCRWIP and associated North Hawthorn Wellfield are along and in the vicinity of Vanderbilt Beach Road Extension, east of County Route 951, in Naples, within Collier County. A Project Location Map is included herein. Schedule of Deliverables The following table provides a project schedule. Collier County plans to complete the construction phase of this project within 6 months from the date of execution of an agreement with the SFWMD. The request for support shall be applied only for the payment of capital or infrastructure costs for the construction of alternative water supply systems that provide alternative water supply. Completion of the project, including operational start-up, is estimated to take 5 months. Task Number Task Description Start Date End Daœ 1 Construction February 1, 2006 May 15, 2006 2 Operational Start-up May 16, 2006 June 15, 2006 Agenda Item No. 16C19 April 12 2005 Page 12 of 48 Funding Proposal 1.0 Request for Funding Construction of wellhead equipment and attendant piping for Hawthorn Zone 1 RO Well Nos. 101 and 102 is estimated to cost $994,000. The amount requested from the South Florida Water Management District (SFWMD) is $497,000. The request for support shall be applied only for the payment of capital or infrastructure costs for the construction of alternative water supply systems that provide alternative water supply. The Hawthorn Zone 1 RO Well Nos. 101 and 102 project is expected to increase the reliability of the North Hawthorn Wellfield, drawing from a brackish aquifer and serving the reverse osmosis (RO) treatment process of the North County Region Water Treatment Plant (NCRWTP), by a total of 1 million gallons per day (mgd) or approximately 0.5 mgd per well. Collier County plans to complete the construction of the two reliability wells within 6 months from the date of execution of an agreement with the SFWMD. 2.0 Financial Commitment Collier County has budgeted funds for 100 percent of the project costs. A copy of the financial commitment from Collier County is included. 3.0 Basis of Construction Costs Construction cost breakdown has been prepared by Hazen & Sawyer. A cost breakdown for the project is provided in the following table. Construction Cost Estimates for the Hawthorn Zone 1 RO Well Nos. 101 and 102 Project Total Price Other Amount Total Budget documentation follows: Federal Employer Identification Number: 21-07-019995-53C '.!) co :::J"'<t ,0_ c.óNO ,,"":Ñ~ 0"- Z 'E gs, E 0.. ro Æ<1:D... ro lj c ( ) C') <1: z o - Eo-- ~ ~ U 1JJ ~ ~ Eo-- U r:; o ~ ~ ~ -< Eo-- 5 u en (1) (1) .... .... (1) '" ~ .... (1) ..... ro ~ M - "T -0 c: ::s .... - - - o - ¡-.... .... (1) J:J a ::s Z ..... u (1) '0' .... ~ ~ õ ~ (1) c: o N ~ (1) z 00 ~ I;j . = C 1JJ = ~ = = ~ "'0 = ~ é Z c: .... o .J:: ~ ::I:: l/ o o N .... (1) ~ o ~ CI.) .S ..... '" .~ (1) .... ~.¿ c: æ .!!J a - (1) (1)-o ~ c: c: 0 o '" ...... ro Ü ~ ::s -o~ o ro .... (1) 0..0.. >'\0 ~g :EN ro (1) :.=,..e (1) ..... .... .... ..s ~~ oõ N ~ C:oo .... ]~ ~~ :I: .~ ro '" c: ::s o u ...... 0 .~ ~ :g.¿ roõ .....t.;:; .J::- Cl.)õ 'Q) ~ = c: ro ..... ~ 0 c:.J:: -~ .. ro §::I:: .- p.. -t-' 1: ~ ~~ (1)U ~z - (1) 1;j.J:: .(1) ..... C .... .<E ~ en (1) (1) .~ .~ I;j == c (1) U ~ - M .J:: u .... ro ;¿ -0 (1) ~ -0 0. ~ .... (1) CI.) ro æ ;¿ ..... u (1) 'õ' .... ~ .... o '2 (1) ifJ p.; ~ ~ .....~ ~ .J:: u \/J .... (1) ..... (1) p.. . (1) o M - M o \0 v5 €A .;.: (1) "'0 = ~ "'0 (1) ~ .;:: (1) ~ o M - M o \0 v5 €A .- . o -= ~ .; ~ - - r.. ~ "'0 ~ (1) - ~ . .;:: .s (1) 'Xi ~ "'0 (1) ~ .;:: (1) ~ \0 o "T 0 o N ~ó M (1) c: ::s ....., - ~ ;¿ ~ Q.i - - ~ ~ ~ ~ -= - ~ ; .; 00 ~ - - ~ ~ = .S .S ~I 55 1: -C -; ~ o O~ ~ ~ I;j = ~ .- . ~ (1) .!:::i = .; ~ c - (1) I;j = ~ .- · ~ > · JZ = (1) ..::.= ~ t "'0 (1) = = ~ ~ ~ = .:: - I;j -< ~ = c ~ ~ (1) ~ ~ I;j = ~ .- · ~ > · JZ ~ I;j = ~ .- . ~ > (1) "'I 'ë .; ~ c - = (1) ..::.= ~ t "CI (1) = = ~ ¡s: ~ = .:: - I;j <: ~ ~g; "'''7 ~ :i :§ ..s o ..... ~13"T o .~ cr .....(1)0'\ .~ ~ '7 B a~--o $..c ......-I OJ ~ (1) . -0 .1:: ..s 0."T (1) ::s => '9 t:: ~."::: Ö ~'§ ì:: § ~~~~2i Þ c: c: ~ -;;.-ro C:O(1)Qo g~~u S uQ~B~ -i-B.J::-o(1) ,-..,(1)C1) '9 13 r--- .;: ¡:: ~t:::::a . ~'§ ~ 13 Z -J:J~"':! -or;;--o- ~~.næ6 'õ 5 - -0 ~ e§:~"g ..... 0.._.J:: ro '§ § - ~ Z ~uo\J:JN p.. >. 0 = ;:: - -.- I §: ~~o 3::sNp..~ ,,,,0_ '!-"""4$..,,¡""""¡OO- 1(2_ <E 00 roo o~- 13 c: .~ o (1) u (1) .... ..... '" .= µ.. If) o I If) - I N o "'0 '" QJ .~ '§ 5 J:J0. ::s "'~ -0 c: ;;.- ~ 0 0 ·a..... vi '';¡ a (1) "T ". (1) J:J....Os....1f) ::s .:; ~ .... (1) s:2 '" O"'o..s (1) ¡-.... ~ ~ ~ .S ~ ;:;:; ~c:-.... 4-< ¡'¡'¡.9 C:..s vi 0 (1).....0 -~ ugo~õ~ ·.gt;N§~~ Z c:- 0.--0 I 0 en ro (1) ~ ~ u ~ .g.;: -; ~ ~ -0 ';; a ~ VJ ......-I .::: :.a.,.D ..... ; ~ ",.s.s r;; · _ ro - .s ~ -ß. ~ .5 § ~ ~ c: -oc:..... c ...... .... 5 0 "'0 ::::: .S 13 ..s o...¡:: 2 I;j tt::",-gro = .- ...... ..... 0. .... 0. .:: = a·.....·õ ~'û ~ . J:J § u C:'';:: § ~ r;; 2i~ 8 § u (1) ..... ~ S- o u ';J. o o - .!!J õ ~ (1) ;;.- t.;:; ..... u 2 Q~ ~ 8 ~ ""B"g crJ ...-.~ o ·.....a ro ..... a .... (1) æ~ (1) .... o a (1) > ~ .!!J õ ~ '-' .. ~ = - ~ - 'Xi = ';j (1) ~ - õ ~ .J:: ~ (1) 4-< o c: o ''¡:: u 2 - '" c: o u "'0 (1) '" ro .J:: 0. I en (1) .~ > o .... -0 c: ro Ó N - Z "T - I 0\ - - "'0 c: ro Z 0'\ I 00 - - z 00 I ~ - - ~ õ ~ :z; N I z - ~ vi .~ ::5 'û t$S 0.0 c: 's. 's. -0 c: ro CI.) c: 's. a ::s 0. (1) .... .:; 0' (1) .... o c: ::9 (1) ~ c: .... o ~ ::I:: .... (1) ~ ..9 p.. ~ ~ u Z 0.0 .s .... en .~ (1) o ..... ~ (1) c: -0 ~ ~ ..... en .s (1) J:J - - en \0 - - l£) - - .,,¡ - - M o - o ~ õ ~ .~ ¡,j ~ .f!:iõ ~ =ª ~ ] ~ ~ ..... ...c: C 0'\ r-< ·0 ~- 1; >. (1):Õ a. Or;) . '" = 0 Uo. = .:: - ~~ ~ ~~~ C)o- (DNO ..... Ñ::! 0"- Z'E~ E D.. ro ~«r:L ro '"0 c: Q) 01 « o. ii -I ~8 N..... I ~ .' d iÍu ¡I I ~~, ..'. !~';;; ~~ §L àt ~! !I .iI I. :1;; ~ I! f ~ . , ~ COLUER COUNTY rv 05·015 BUDGET ç~~~,~ ,~~j~t. ~~jfi:c.l;t¡g,~.\.V~,:a:~~,t, ,N.9.'rI: C~~t,~,~t.~~.~_.~~._~~,I..~~.~..~_~_t.2_~b~~nt.~,ft.u:ui.~~~.ft: I. PROJECT NUMBER.. :;:, PROJECT NAM!: NCRvrTP - NIIW Mid-HMlhcm (Zo:ne L) WltllfieJd 7l0ll Jm·~ 30:. COf!Jitruclio_n _s.t~ º~te;' :¡",..(J4:4. EST.PROÆCTCOMPUTION(MJoIIYY), D,,-OB 3. EST. PROJECT IT ART (MWYY)' ~. ç~,P:R01E.C:T~!~JM°)? , Tr~~,()~])R9JEÇT. rI'ytJlI,"~'-'_t~ .~.~~~):w: applicai:lJi!typlt): 6. CIE HUMBER: ... Row =b. Puà. ______~., ,~,.~t_r,~ _Ii. GuGov'tFa:::ili:tiø B. PROÆCTLOCATlONJlJESCRIPTION, 1I:.,I.ilr.uy_FIC1li.I:..../JII:':t~~ [ ~ù1 Jmp!IJ":tN,nb ,. Stormwdu up h:Air.f¡0rt_ r~il!:h.. x i W.-t~lIWIrUtilitÍlu j, Ol;'r 9 _ COJiMISS:JONER. DISTRICT (wNI'I will tn. comhu.c:lion oo:u.r) I:>~t~t,_1(~~"..9~M~I)" ===Ditl~t 2 eN'- N..pi.s, P.Ir.&1I Bit.y) 10 P¡¡OPOSED CAPIT AL fUNDING SOURCE(S) District .5 (GG E.Was. ImmoàÙlt") District:3 (GGCity.ua,aJ District" CCityofN,pJ.luu) .... - . ~_"~,I ~:.!a,d.Y~rtI,(~n~~ ,~:",~_."o_~~ ., - b . ~I?~aa.,p'~.-!~,. .1:, .Int.lIltlGr~t',lPJJu~ ------L- ,. U.tr:rle~ r. ImplCI :flU ... rw.\: .. 4ïi 0 D 0 .. ~.l: .c:~p.~T~~, ~~C1;' ~~~IJ.[·P!~: ~~.~~_J'\J: 110111 0 0 0 APPROPRIATION n05 ITD.\ nD.\ rYOO n07. NOB FY09 ITIO n 00-10 CATEGORY ADOPTED AMENDED roRECAST PLANNED PLANNED PLANNED PLANKED PLANNtD TOTAL TOT At OPERATING $ $ 903,130 $ I OB3 000 $ 15/;,.500 S 505.000 S ,53,000 $ S S 914,500 TOT II CAPIT At $ S 5 400 000 $ 4 O~,ODO S 4,4,500 S 5 ISO noo S ,,5SO 000 $ S S B 1,4 SOD PROJECT TOTAL $ $ 0,303,130 S 5,733 000 $ S8l 000 S 5 655.000 $ 2,803,000 $ $ $ 9,0:39,000 12, PROPOSEDO&M FUNJ?ING SOU,RCEC?) (TYPIII-X" ~cr uch.PJl1r~lesautte) -----. Ad. V.ilitun (Gin Fund) G.ulSùts T.u:M _s.MeeC~~~~',:ib l:a.t.mùSuvir:e C~ OtMrT~s tIH.1" Fee_s (Wit.terß~r) C=yFg,.,.,, IN:elllstlGrutsJN~ . x 13, PROJECTED OPEIU..T:lJoJ,c; ~ ~~~~<::e;.C~~) cq~~~ ÇSt.art-:u~ ~:!I.t_~:: APPROPRU. TIOM tnflT ND6 n07 rYOB F¥U9 NIO 5- YR TOTAL 5N111iN1t PInDJml-l $ 6_ ,,-wu.. 1_ C~;tol OutloT TOTAL S S $ S $ $ 14, II NEW F:tJLL~TI¥E EÇYIVAU::N'I'S (~E~)REQU'IltED,'" STAJi'I'IHG WHEN: ~5; ~:RO,J;p;C:~E[). )f~..()J?~~!I_}ifG ~,VENU,E:S,(~,.c'.,Se:rvil:l_C~1P"nmtl)_ NOO rYD'I FYOS NO!> rYIO 5-YR TOTAL $ $ TotàN_R.ewlVJe' KET O&M COSTS: - $ - $ - $ - $ -_..,----~~ Agenda Item No. 16C19 April 12, 2005 Page 15 of 48 Agenda Item No. 16C19 April 12, 2005 Page 16 of 48 OUTH FLORIDA WATER MANAGEMENT DISTRICT 2005 - 2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM SAMPLE AGREEMENT Recipient: Collier County Agreement Number: Governing Board Approval Date: Recipient's Project Manager: Peter Schalt, PMP District Funding Amount: $ Address: 3301 Tamiami Trail E. B1dg H, 3rd Floor, Naples, FL 34112 Telephone No: (239) 530-5343 Fax No: (239) 530-5378 SFWMD Contract Manager: Address: Telephone No: Fax No: Insurance: Not Applicable Federal Employer Identification Number: 21-07-019995-53C Project Title: Hawthorn Zone 1 RO Well Nos. 101 and 102 Description: Construction of wellhead equipment and attendant piping for two (2) public water supply wells (RO Well Nos. 101 and 102) serving the reverse osmosis (RO) treatment process of the North County Region Water Treatment Plant (NCRWTP). Agenda Item No. 16C19 April 12, 2005 Page 17 of 48 EXHIBIT "E" South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT BRIEF DESCRIPTION OF AWS PROJECT IN ATTACHED APPLICATION: ------------------------------------------------------------------------------------ Before me, the undersigned authority, personally appeared, -------------------' ("Applicant's Representative) this _______ day of _______, 2005, who, first being duly sworn, as required by law, hereby acknowledges: 1) The statements contained herein are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the Alternative Water Supply Funding Program Applicant for the above referenced to make the representations contained herein. 2) The undersigned understands the Applicant must be in receipt of all required permits to construct the alternative water supply project within 12 months from the date of encumbrance of funds. 3) The undersigned represents that the reasonable length to complete the construction project will be months. ------ 4) The undersigned represents that the Applicant intends to begin construction of the alternative water supply project by this ______ day of ________, in the year ----. 5) The undersigned represents that the Applicant understands the alternative water supply project must be completed and invoiced within 36 months from the date of the encumbrance of project funds and further understands that if construction does not begin on or before the aforementioned start date and end no later than 36 months from the date of encumbrance of funds, the South Florida Water Management District reserves the right to rescind alternative water supply funding. STATE OF -------------------- COUNTY OF ------------------ --------------------------------- By: Applicant's Representative Print Name SWORN TO and subscribed before me _____ day of _____, 2005. Such person(s) (Notary Public must check applicable box): [] is/are personally known to me. [] produced a current driver license(s). [ ] produced as identification: __________________ (NOTARY PUBLIC SEAL) ------------------------- Notary Public 35 Agenda Item No. 16C19 April 12, 2005 Page 18 of 48 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District" and the undersigned Applicant, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "C," and made a part of this Agreement. I .2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement and shall continue for a period not to exceed thirty-six (36) months. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION I CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on the first page of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least fifty (50) percent of the total project cost, with the exception of designated REDI communities. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Exhibit "c." By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "c." 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the project. District funds shall only be used for capital or infrastructure costs for the construction activities described in Exhibit "c." 45 Agenda Item No. 16C19 April 12, 2005 Page 19 of 48 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable as described in Exhibit "C." The Recipient shall provide certification that all construction has been completed in accordance with Exhibit "c" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the Agreement for invoice submission. The time at which payment shall be due from the District shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or delìverables, based on compliance with the statutory requirements set forth in the Florida Statutes, Section 218.70 and upon satisfaction of the District conditions as detailed in the Agreement. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1 %) per month on the unpaid balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Any disputes regarding invoice payments that cannot be resolved by the appropriate department of the District shall be concluded by final written decision of the District Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the District. 4.4 Upon completion of the project, data that was generated during the performance of the project shall be submitted to the District. This may include technical information on the Floridan Aquifer or reuse data. 4.5 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide to the District quarterly progress reports summarizing a brief description of the current status of the project, and the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Schedule of Delìverables in Exhibit "C," attached to this Agreement. 46 -_._---,~- Agenda Item No. 16C19 April 12, 2005 Page 20 of 48 ARTICLE 5 - CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the perfonnance of this Agreement, other than invoices and notices, to the attention of the Contract Manager for attempted resolution or action. The Contract Manager shall be responsible for overall coordination and oversight relating to the perfonnance of this Agreement. 5.2 All notices, demands or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (District Contract Manager's name as stated on the first page of this Agreement) (Address as stated on the first page of this Agreement) 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 - TERMINATION I REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with District Rule 40E-7, Part II of the Florida Administrative Code, "material breach" is defined as any substantial, unexcused non-perfonnance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the tenns and conditions ofthe Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to curethe breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Tennination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Tennination for Default Notice, the District's Governing Board shall detennine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Rule 40E-7, Part II of the Florida Administrative Code in making a detennination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District tenninate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 47 Agenda Item No. 16C1 9 April 12, 2005 Page 21 of 48 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Contract Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Not withstanding anything in this agreement to the contrary, the District reserves the right to terminate this agreement immediately without notice in the event any of the representations contained in the Acknowledgement, attached hereto as Exhibit "E," executed by the Applicant's Representative in connection with the Application are found to be false or if: (a) Recipient has not received and submitted to the District copies of all required permits to construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "c" within 12 months from the date of the encumbrance of funds by the District; or (b) The reasonable length of time to construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "c" is determined at any time by the District, in its sole discretion, to either exceed the time set forth in the aforesaid Acknowledgement or to exceed 36 months from the date of the encumbrance of funds by the District. (c) The Recipient fails to commence construction of the project described in the "Statement of Work," attached hereto as Exhibit "c" on or before the date set forth in the aforesaid Acknowledgment; or (d) The Recipient fails to complete the construction and performance of all work items described in the "Statement of Work," attached hereto as Exhibit "c" within 36 months of the encumbrance of project funds by the District. 48 --.-- Agenda Item No. 16C19 April 12, 2005 Page 22 of 48 ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or perfonnance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from perfonnance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perfonn audits periodically to ensure funding objectives are being met. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the perfonnance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of FJorida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 49 Agenda Item No. 16C19 April 12, 2005 Page 23 of 48 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 The Recipient hereby assures that it is not on the State's Convicted Vendor List, or the District's Suspension of Contractors List. ARTICLE 9 -INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 50 ,~"..~..,-<-~--- Agenda Item No. 16C19 April 12, 2005 Page 24 of 48 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perfonn shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work - Exhibit "C" of this Agreement specifies that perfonnance by the Recipient is specifically required during the occurrence of any ofthe events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence In the following order: (a) Tenns and Conditions outlined in Articles 1-11 (b) Exhibit "C" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict perfonnance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any tenn or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the tenn hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent pennitted by law. 51 Agenda Item No. 16C19 April 12, 2005 Page 25 of 48 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This agreement is subject to and governed by the provisions applicable to it contained in sections and 373.0831 and 373.1961, Florida Statutes (2004). 52 ~"_4___"~"~ Agenda Item No. 16C19 April 12, 2005 Page 26 of 48 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director Date: (Project shall start upon execution date ofthis Agreement.) SFWMD Office of Counsel Approved By: Date: Recipient's Legal Name: By Authorized Official: Title: Date: SFWMD Procurement Approved: By: Date: 53 --........~.::::-,..., "'-, Agenda Item No. 16C19 April 12, 2005 COLLIER COUNTY MANAGER'S OFFrt;E27 of 48 3301 East Tamiami Trail' Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 ~.--=.=;;.::-- April 1, 2005 South Florida Water Management District Procurement Division, B-1 Building, 2nd Floor 3301 Gun Club Road West Palm Beach, FL 33406 ATTN: Alternative Water Supply Funding Program Application FY 2006 RE: Collier County Hawthorn RO Well Nos. 114,115, and 116 Dear Chairperson and Board Members: Collier County respectfully submits the enclosed proposal for funding the construction of wellhead equipment and attendant piping for three (3) public water supply wells (RO Well Nos. 114,115, and 116). The well construction portion of the wells has been completed. Connection of the wells to the water supply system will serve to increase the reliability of the groundwater supply serving the reverse osmosis (RO) treatment process of the North County Region Water Treatment Plant (NCRWTP) thereby increasing the reliability of raw water available to feed the existing membrane water treatment process. The reliability wells project will enable the South Florida Water Management District to further its mission of enhancing the existing water supply and contributing toward long- term reliability. Collier County currently operates the North Hawthorn Well field, which at present consists of fourteen (14) wells drawing from a brackish aquifer and serving the NCRWTP. Supplemental to the North Hawthorn Well field, the existing Golden Gate Well field, which consists of thirty-two (32) wells drawing from a fresh aquifer, also serves the NCRWTP, in addition to serving the County's South County Region Water Treatment Plant (SCRWTP). A total of ten new reliability wells, all drawing from a brackish aquifer, are expected to increase the reliability of the North Hawthorn Well field by a total of 5 million gallons per day (mgd) or approximately 0.5 mgd per well. Collier County now requests funding for three (3) of the ten (10) reliability wells planned to be constructed in Fiscal Year 2006, with plans to build and construct the remaining reliability wells in the near future. The new wells will improve the reliability of Collier County's water system by providing back-up wells for existing wells that may need to be shut down for routine maintenance or repair, or as emergency back-up if an existing well fails to produce an adequate supply of water (i.e. replace lost capacity due to saline water encroachment). The Need for the Proiect: Collier County is located within the South Florida Water Management District's (SFWMD) Water Resource Caution Area and the Big Cypress Basin. The County has experienced and is anticipated to have potable water supply c u f~~· ~ iii C n ~ --- u n t :.. Agenda Item No. 16C19 April 12, 2005 Page 28 of 48 problems in the next 20 years. This project will help alleviate some of these water supply problems by providing reliability wells for use in emergencies. Target Audience: The project will provide benefit to the citizens of Collier County by increasing the reliability of raw water available to feed the existing membrane water treatment process at the NCRWTP. The use of brackish water assists in the preservation of fresh groundwater supplies in Collier County. Primary Strategies for Implementation: The scope of work for this project includes two major tasks, which are listed below: Task 1: Construction of three reliability wells equipped with vertical turbine pumps, wellhead equipment (flow meters, telemetry, etc.) and attendant piping. The reliability wells will be connected to the County's existing water supply system to the NCRWTP. Task 2: Operational and start-up services. A more detailed description of these tasks is included in the attached "Statement of Work." Evaluation of the Short and Long-term Benefits of the Proiect: This reliability well project (10 wells) for the NCRWTP will ultimately increase the reliability of the alternative water source by 5 mgd. Long-term benefits will include increased reliability of alternative water source and a reduced threat of saltwater intrusion. The installation of reliability wells for the NCRWTP will provide a means to meet the potable water demand of customers with increased reliability and will support local and regional water management strategies. Proposed Proiect Management Plan: Mr. Roy B. Anderson, P.E., Public Utilities Engineering Director at (239) 530-5336 will serve as Program Director for this project and Mr. Peter Schalt, PMP, at (239) 530-5343 will serve as Senior Project Manager. Following execution of the agreement between the SFWMD and Collier County, a kick- off meeting will be held in which the County will update the District on the project's status and establish a schedule of project payments to be submitted to the District. The project has been subdivided into two work tasks to assist in the overall management of the project. These work tasks and a project schedule are discussed in the "Statement of Work" section of this application. Monthly progress reports will be prepared by the County which will describe: 1) the work completed during the past month, 2) activities anticipated to be completed during the upcoming month, 3) the status of the project budget, and 4) any anticipated needs to revise the schedule and/ or budget. c .. ~t l 'riY'! ¡ ~ « C d " " t :1' - Agenda Item No. 16C19 April 12, 2005 Page 29 of 48 Collier County Authorized Representatives: The following people are authorized to make representations regarding this project on behalf of Collier County: PHONE: FAX: EMAIL: James V. Mudd, P.E. County Manager Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 774-8383 (239) 774-4010 J amesM udd@colliergov.net NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: EMAIL: James W. Delony, P.E. Public Utilities Admimstrator Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 732-2540 (239) 732-2526 JimDelony@colliergov.net NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: EMAIL: Peter Schalt, PMP Semor Project Manager Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 530-5343 (239) 530-5378 PeterSchal t@colliergov.net NAME: TITLE: AGENCY: ADDRESS: As an authorized representative of Collier County, I declare that this Alternative Water Supply Funding Program Application was prepared without collusion with any other person or entity submitting an application pursuant to the Funding Program. Collier County looks forward to working with the District on the construction of two reliability wells for the NCRWTP. Sincerely, James V. Mudd, P.E. County Manager c (J l~~ e c ~) u ft f '" - ..,..,......~ .. -"...".,",."... Agenda Item No. 16C19 April 12, 2005 Page 30 of 48 APPLICATION SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005-2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM APPLICATION FORM Application No: A WS - 06 (District 0 provide) The undersigned Applicant has read all of the tenns and conditions of the Alternative Water Supply Funding Program Guidelines and Application, and certifies that all of the infonnation contained within this application and subsequent Exhibits! Attachments are true and correct to the best of their knowledge. Applicant's Legal Name: Applicant's Address: Collier County Water-Sewer District 3301 Tamiami Trail E. Bldg. H, 3rd Floor Naples, Florida 34112 (State Div./Dept. if applicable) Project Title: Hawthorn Zone 1 RO Well Nos. 114, 115, and 116 Funding Amount Requested: $ 900,000 Description: Construction of wellhead equipment and attendant piping for three (3) public water supply wells serving the reverse osmosis treatment process of the North County Region Water Treatment Plant. County in which Project will be Built: Collier County Type of Organization: County Government Date of Incorporation: State ofIncorporation: Federal IDNo.:21-07-019995-53C Has your organization ever received funding under the Alternative Water Supply Program? Yes . No D Year last received: 2004-2005 Amount of Funding Received: $ 750,000 Is the Project(s) Still Ongoing? Yes. NoD District's Contract Number(s): _D0050234-D0050238_ Expected Completion Date(s): _3-13-08 Current Status of the Project(s):_AJI projects within schedule Authorized Person's Name: James V. Mudd, P.E. Signature: Telephone Area Code /Number: (239) 774-8383 Fax Number: (239) 774-4010 Must be signed by entity Title: County Manaqer Agenda Item No. 16C19 April 12, 2005 Page 31 of 48 Statement of Work Introduction Collier County is requesting funding to connect three (3) public water supply wells (RO Well Nos. 114, 115, and 116), as reliability wells, to the water supply system. The reliability wells: 1) contribute to the long-term reliability of the County's public water system by increasing the reliability of the groundwater supply serving the reverse osmosis (RO) treatment process of the North County Region Water Treatment Plant (NCRWTP); and 2) preserve freshwater sources by maintaining viability of using a brackish aquifer as an alternative water supply source. Background Existing needs for additional reliability, coupled with an extremely high rate of growth, have prompted Collier County to move forward with a comprehensive plan to improve and expand its wellfield system. As part of the comprehensive plan additional wells are to be provided to meet requirements for reliability. As indicated in the 2003 Water Master Plan Update, "the North Hawthorn Wellfield supplies the required raw water capacity of 11.43 MGD to the NCRWTP RO treatment stream, but some salinity issues have compromised the additional 20-percent reliability standard established by the Water-Sewer District." Proposed additional wells include ten wells to be installed as reliability wells for the North Hawthorn Wellfield, drawing from a brackish aquifer, serving the RO treatment process of the NCRWTP. Project Justification The new wells will improve the reliability of Collier County's water system by providing back-up wells for existing wells that may need to be shut down for routine maintenance or repair, or as emergency back-up if an existing well fails to produce an adequate supply of water (i.e. replace lost capacity due to saline water encroachment). To date, approximately 4 million gallons per day (mgd) of capacity has been lost as a result of increased chloride levels in existing RO Well Nos. IN, 2N, 3N, and 4N. The project will help Collier County meet the objectives of its Water Supply Master Plan. Potential for Significant and Lasting Benefits Installation of reliability wells will have significant and lasting benefits for Collier County. The project will · increase the reliability of the existing water supply system, · provide a means for meeting the potable demands for current and future Collier County customers, · provide a means to conserve freshwater resources, and ~""--"._' Agenda Item No. 16C 19 April 12, 2005 Page 32 of 48 · support regional water management strategies. Scope The existing North Hawthorn WeIlfield, which at present consists of sixteen (16) wells drawing from a brackish aquifer, serves the NCRWTP. Supplemental to the North Hawthorn WeIlfield, the existing Golden Gate WeIlfield, which presently consists of thirty-two (32) wells drawing from a fresh aquifer, also serves the NCRWTP, in addition to serving the County's South County Region Water Treatment Plant (SCRWTP). A total of ten new reliability wells, all drawing from a brackish aquifer, are expected to increase the reliability of the North Hawthorn Wellfield by a total of 5 million gallons per day (mgd) or approximately 0.5 mgd per well, thereby increasing the reliability of raw water available to feed the existing membrane water treatment process. The purpose of the RO Well Nos. 114, 115, and 116 project is to connect the three proposed wells to the water supply system. The well casing for the three wells has been installed. Work Breakdown Structure (WBS) The 2002 Water Master Plan Update recommended the addition of wells for reliability purposes. The 2003 Water Master Plan Update indicated the County should accelerate the rate of installation of replacement wells. County's WBS No. 71011, provides for study and design of new Hawthorn wells to provide additional water supply reliability for the NCRWTP RO facility. Description of Project Elements The project consists of two tasks: 1) construction of three reliability wells equipped with vertical turbine pumps, wellhead equipment (fIowmeters, telemetry, etc.) and attendant piping; and, 2) operational and startup services. Construction of Two Reliability Wells The County, with the assistance of the Engineer, will obtain bids for the construction of the connection of three reliability wells including wellhead and transmission piping and associated appurtenances as required to bring the wells on-line. The Contractor will be responsible for providing all materials, equipment, and labor required to construct the wellhead and transmission piping in accordance with the design drawings and specifications. Engineer will attend a pre-construction conference with representatives from the County and Contractor and review and process shop drawings, samples, schedules, certifications and other data, which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the information provided in the construction contract documents. The Engineer will provide part-time, on-site observation of construction activities by one or more representatives as authorized and approved by the County. The following activities by the Engineer are included in this task. Agenda Item No. 16C19 April 12, 2005 Page 33 of 48 1. Conduct on-site observations of the work in progress by the Contractor to determine that the project is proceeding in accordance with the Contract Documents. 2. Ensure that tests are conducted as required and that Contractor maintains adequate records thereof. Also, observe record and report to the County test procedures and results. 3. Assist the County in serving as the liaison with the Contractor. 4. Make reviews to ascertain that the Contractor maintains up-to-date record drawings at the site. 5. Assist monthly progress meetings with representatives from the Contractor and from the County. Operational and Startup Services Under this task, the Engineer will conduct a system checkout, including troubleshooting of equipment and instrumentation installed as part of the project. Engineer will provide on-site advice and troubleshooting throughout the start-up. Engineer will observe start- up and evaluate performance of the newly connected reliability wells. Location of the Project The NCRWIP and associated North Hawthorn Wellfield are along and in the vicinity of Vanderbilt Beach Road Extension, east of County Route 951, in Naples, within Collier County. A Project Location Map is included herein. Schedule of Deliverables The following table provides a project schedule. Collier County plans to complete the construction phase of this project within 6 months from the date of execution of an agreement with the SFWMD. The request for support shall be applied only for the payment of capital or infrastructure costs for the construction of alternative water supply systems that provide alternative water supply. Completion of the project, including operational start-up, is estimated to take 5 months. Task Number Task Description Start Date End Date 1 Cons1ruction February 1, 2006 May 15, 2006 2 Operational Start-up May 16, 2006 June 15, 2006 ~....- Agenda Item No. 16C19 April 12, 2005 Page 34 of 48 Funding Proposal 1.0 Request for Funding Construction of wellhead equipment and attendant piping for Hawthorn Zone 1 RO Well Nos. 114,115, and 116 is estimated to cost $1,800,000. The amount requested from the South Florida Water Management District (SFWMD) is $900,000. The request for support shall be applied only for the payment of capital or infrastructure costs for the construction of alternative water supply systems that provide alternative water supply. The Hawthorn Zone 1 RO Well Nos. 114, 115, and 116 project is expected to increase the reliability of the North Hawthorn WeIlfield, drawing from a brackish aquifer and serving the reverse osmosis (RO) treatment process of the North County Region Water Treatment Plant (NCRWTP), by a total of 1.5 million gallons per day (mgd) or approximately 0.5 mgd per well. Collier County plans to complete the construction of the two reliability wells within 6 months from the date of execution of an agreement with the SFWMD. 20 Financial Commitment Collier County has budgeted funds for 100 percent of the project costs. A copy of the financial commitment from Collier County is included. 3.0 Basis of Construction Costs Estimated construction costs have been prepared by Hazen & Sawyer. A cost breakdown for the project is provided in the following ta ble. Construction Cost Estimates for the Hawthorn Zone 1 RO Well Nos. 114, 115, and 116 Project Total Price Other Amount Total Budget documentation follows: Agenda Item No. 16C19 April 12, 2005 Page 35 of 48 (FORMD) COLLIER Ç9tJNTY FYos:0613UJ)(;f;T CAPITAL IMPROVEME¡.;r PRQG~!J4 Capital Pmjec:t 1ustiÏlCa.tic~ ~orksheet NOTE: Complel.II.ms I :¡;'..Iàon '0lecl Sho~12 l.ob.l:in.nl.~ liuuI info"""lian. I. PROÆCT NUMBER: nOli 2. PROÆCT NAME: NCRWTP - Now Mid-Hawthom(ZoM I) W.JJfIoJd Jan-04 3 a. C cn.tructicn Start D at.: . .6. . CIE NO:MBER Jun-04 : 4. EST. PROÆCT C9MPl,[TI()N (M!J4IYY): Doc-OB 3. EST. PROÆCTSTART (MMIYY): 5. CIE PROÆC:rJYo,lNoJ? 7. TYPE OF PROJECT Q)ry."X"lo,.Jeclu..appliciblllryo): a. Roads b. Park> c. Puhlil:S.,ral)' d GanGav'I..F:""ilit1e'.... o l,ibruyFal:ilil;',/Mat.riaJs f Lalldfill I",p",.""."",.nls g. Slormwat.rM¡t h ~irpo_rlF..,iIi_IÌII'... x . i. Wal."lSl!W1!r Utilitio, jOllier B. PROÆCT LOCA TIONIDESCRIPTION: Stud¡r, diujç¡, " cOIISlruchon of now ZOM I wolli 10 pl'Ov:ìde odàiliano! waler >UPI'll' ...habilil¡r for tile NCRWTP RO fàcilily. 9. COMMISSIONERDISTRIc:T (w",,"'willllle CONtlU¡: ia.n0C1:U1'J Distmll (ENaplls,M.."o) Distml2 (N.Naples, P.liI:anBay) Dislml 3 (GG CilYalOa) D;'lrid.4(Cil)' ofNaple,.,.,a) Dislml S(GG.Est.al.'. l"""",kaJe.) 10. PROPOSED CAPIT AL P1INDlNG SOURCE(S): ... G.. Tu:ts b. BondlLOUl Pl'Oc",ds ..... ..---............ d. AdVaJo...m(GenFuM) o. Int...,I!GTmls/Misc. c .....·...·..__.·....·"..,·_.'0 f. ImpaclF..s. g. Carry FomOld x c. User Fees II. CAPITAL PROÆCT EXPENDITURES: . - ......--."....,.-........"".....-.-........".,.."....--.....,..... FuM: 412 WBS .Jemenl 710lll o o o o o o APPROPRIATION . "-'--''''''-'''''' CATEGORY TOTAL OPERATING TOTAL CAPITAL PROÆCT TOTAL FYD.5 ADOPTED $ $ $ FYOS FY 05 FY06 FY07 FYOB FY09 AMENDED FORECAST PLANNED PLANNED PLANNED PLANNED $ 903,130 $ 1,683,000 $ 156,500 $ 505,000 $ 253,ODD $ $ 5,400,ODO $ 4,D50,000 $ 424,500 $ 5,,150,000 $ 2,5S0,OOO $ $ 6303,130 $ 5,,733,000 $ SBI,OOO $ 5,655,ODO $ 2,B03,DOO $ FYIO PLANNED $ $ $ FY D6-1O TOTAL $ 914,5DD $ B,124,50D $ 9,D39,o00 ·12. PROPOSED O&M FUNDIN.G SOURCE(S) (1'JI'l'0 '.'X: for 'al:ha~plil:obIa.ourc.):. X InU!""'¡~0rvic' C~s Otller T "".. U:ser Fees ~Y'?~t'1.r~,~~~ Ad V~...m (GIn rum!) G.ulSaJe, T "".. S.Mo. Clw:p'lPomuh ) PROÆCTED OPERATI¡{G & M:AINTEN ANq:(O&M) COSTS (Slart.,,~ &RecurriJ1¡¡) APPROPRlA TlON UNIT FY06 FYD7 FYOB FYD9 ITIO 5- YR TOTAL 5l#1#li# POlSo"""l $ - 6l#1#li# Oporatirl¡; - 1l#1#li# Capilal Outlay TOTAL: $ $ - $ - $ - $ - $ '14/i NE';IjP1ILL:TIMEEqO:IVA,LENTS (FTE,) REQUIRED &. STARTING WHEN. 15. PROÆCTED NEW OPERA TlNG REVENUES (..g., S.Mo. Char;o,lP.rmib): Total Now Ran",,," NET O&M COSTS: OHCJ co .,- O'<:f" 00_ (DNO "-:N'~ 0"- Z:¡:: ~ E o.ro :m«(L ro -0 c ( ) 01 « z o .... E-o ~ ~ U 00 ~ ~ E-o U e:; o ~ ~ ~ < E-o ~ U '" ~ ~ µ.. '- ~ '" ~ '- ~ - ~ ~ C"'f - '<:f" "'0 c :::I µ.. - - o - r-- '- ~ ..D 8 :::I Z - t.> ~ 'Õ' '- ::l.. ..:ð ~ ~ Il) s:::: o N ~ Il) Z 00 ~ <:j ¡.. = o 00 = :s = = ~ "C = ~ ¿ Z s:::: '- o ..t:: ~ ::r: '- Il) ~ o ...J on ,S - '" .~ Il) I£) o o C'1 '- ~"'O s:::: s:::: ~ '" a ~ Il) ~"'O s:::: c 0 w9 r,r.¡ - ~ t.> Il) :::I '" "'0"':": o ~ '- Il) 0..0.. >..1.0 .~ 0 -0 :.ëN ro Il) :":::.s:::: Il)- '- '- -~ Il) '" s::::= o Il) N ~ Eoo 0= ..t:: ~ ~<Š ::r: ,S!J ~ - M ..t:: t.> '- ro ~ "'0 Il) - ~ "'0 0.. ~ '- ~ on ~ s:::: ~ ~ tij '" s:::: Ô ,9 0 -µ.. :.a "'0::9 ~ Il) ,E::= on~ ~;::: ::l..~ tij E :E t; 0 0.. s::::.s:::: -1:::' ....r :::;: tij .. ro ..t:: =o::r: ~ :C::l.. .¡::~ ~~ ~u ~z - Il) <:j.s:::: .~ - o '- ¡..~ ~ '" ~ ~ .~ .~ <:j == o ~ U ~ - t.> ~ 'Õ' '- 0.. '- o '2 Il) VJ '- Il) - ~ ::l.. o M - M o 1.0 ...¿ ~ .;.: ~ "C = == "C ~ fIJ .~ ~ ~ o M M o 1.0 ...¿ ~ - ~ .... ¡.. o -= fIJ .... ~ = - ~ ~ ~ ] _ fIJ ¡.. .~ ~ ~ 00 ~ "C ~ fIJ .~ ~ ~ 1.0 o "T 0 o C'1 ~6 M - Il) ¡;. § :E -, Q.j ~ - ~ ~ ~ ~ -= - fIJ ; 'I; 00 ~ '; '; ~ .S .5 ~I ~ 1: -¡: ~ âž o 0 ~ ~ ~ <:j = ~ .¡:: ~ ~ ¡.. cS ~ <:j = ~ .¡:: ~ ~ ~ .!::: 5 '= ~ o - = ~ ..::.:: ~ E-o -- "C ~ = = ~ s: fIJ = .9 - <:j < <I.) = o <I.) ~ ~ ~ ~ <:j = ~ .¡:: ~ ~ ¡.. cS ~ <:j = ~ .¡:: ~ ~ ~ .!::: S '= ~ o - = ~ ..::.:: ~ t "C ~ = = ~ s: <I.) = .9 - <:j < :i .:: ~ o - Il) ... o a Il) ,~ µ.. ~]~~g >0_ .8 'ü d, '" "7 ,';: ~ "7 .8 ~ a~""""'O - Il) '- ~ ''''0 ,!:: <B 0.. "T ~ :::I ::,. '9 ~ ~ ,';: ;> ~ '§ ¡:: § o I ..D '" Il) o:::oo:::l~o.. o '" VJ òs::::s::::¡.¡¡tij s:::: 0 ~ Q > :::I::l.. ~ U 0 0¡:¡;¡..D a u ~ '" 0 ~ I-I~-'- '<:f".8..t::"'C~ ~1l)1l) 9 ] r-- .E Þ ~ ,E a, ~ a ~-§ z -..D~"'::!: "'C~-"'C"7 ~,;!JI£)§O 'ü 5 - "'C ~ ~s:::: ~"'O '-0"T~~s:::: _ o.........s:::: ~ '§ a...... ~z ~8o\..oC'1 ::l.. >..o=:=: - - 0- I ê: . ~ 0 '<1":::IN::l..~ !~=[;j~ ~E_ ,<.8 00~01£) o~-o] s:::: Ü ~.A > o 2 ~ "7 'H Qt;~8~ ~ § '-" "'0 '" ~ t.> '- Il) - µ...8 .g,E '§ VJ _ ,:: a ~ ,- ~..o 0.. .8 a a :::I ...~"'tij "'01l)"",c> ~::l........ 0 0 ~ ,- a '§ ~ "T ~ Il) , -§ '5 '9 § ~ ~ '" C"õ~ ~t:::: ~ ~ :::: ': þ 2 ¡:¡;¡ § s:::: <B 0 Il) ''';:: 0 ~~ .~ g ~ ~ ~ õ1::~§~~ Z ¡g 0.. tij "'0 o 8 I ~ :::I ~ Z $...,,¡ "'0 .- ¿q ~ "'C ';; a '" ...... ,!:: :.a..D _ ~ ~ '" -S ,5 ~ ; ~.a~~c~ 00 00 0.. ~ '- 0 0 = C "'Oc_ 0 ,- ê5 ~ 0 "'0 :c .5 "'0 c..::¡ 0.. ''';:: Il) <:j _ Il) t.> - = :<= ,E ,;!J õ.. 2 g, ..: s a '-'ü t;'û <I.) ¡"..o § t.> C '';: = ,.,~ :::I Il) ~ 0 s:::: 0 _ '" 0........ t.> ~ U Il) - ~ 0.. a o t.> ¿J( o o ~ ~ ~ Il) > ~ - '" ... ~ <I.) = - ~ - VJ = .... fIJ ~ ~ "'C s:::: ~ 6 N O\~ ...... - 00 - - r--: - - '" ~ ~ ~ ~ ..t:: t.> ~ Il) "'-' o c o ''';:: t.> :::I '- - '" c o t.> "'0 Il) '" ~ ..t:: 0.. I '" ,~ ,';: 'û <.S Of¡ s:::: :9- 0.. "'0 C ~ on ,5 0.. a :::I 0.. Il) '- '5 0"' ~ ... - - - '" 1.0 ...... ...... I£) ...... - '<1"~ C"'f o ~ - o '" Il) ï: ~ ~ ~ ~ ;::: ~ - ~ ~ <I.) .e :i ~ 0 t;~ ~ 0 0- ¡..O\ ~o :; >.. ~;§ ¡.. '" = '" u g, -, I.Q co 0<::1" 0_ .....N 0 ~Ñ~ 0"- z:¡:§¡ E c.. (t :ê<Co... (t -0 c: ( ) 0) <C o ...... Z "T - I '"0 C ro Z 0\ I z CO I Z M I z -< 6 ~ o c ..!!) ~ ~ E o .c ...... ~ ro ::r:: ... (1) ~ ...9 0.. ~ ~ u Z Ol) .s ...... I;/) .~ (1) o ...... ...... ~ (1) C '"0 ~ ~ ...... I;/) .s (l) ..D .~ ..!!) ~ ~ (1) I;/) (1) .c E- = .~ - ro . ~~ ~-< it ~ ~ ~-Io~ k.) i:j ~ .JI i o. I i; pI ~~ II i Ii I~ ¡I Ii ~.. e ~~;n ~~ I, . .. .,., '( ~ ) ill !e .1 Ii § ~! a ilm ! I! -,"-- Agenda Item No. 16C19 April 12, 2005 Page 38 of 48 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005 - 2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM SAMPLE AGREEMENT Recipient: Collier County Agreement Number: Recipient's Project Manager: Peter Schalt, PMP Governing Board Approval Date: District Funding Amount: $ Address: 3301 Tamiami Trail E. B ldg H, 3 rd Floor, Naples, FL 34112 Telephone No: (239) 530-5343 Fax No: (239) 530-5378 SFWMD Contract Manager: Address: Telephone No: Fax No: Insurance: Not Applicable Federal Employer Identification Number: 21-07-019995-53C Project Title: Hawthorn Zone 1 RO Well Nos. 114, 115, and 116 Description: Construction of wellhead equipment and attendant piping for three (3) public water supply wells (RO Well Nos. 114, 115, and 116) serving the reverse osmosis (RO) treatment process of the North County Region Water Treatment Plant (NCRWTP). Agenda Item No. 16C19 April 12, 2005 Page 39 of 48 EXHIBIT "E" South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT BRIEF DESCRIPTION OF AWS PROJECT IN ATTACHED APPLICATION: Before me, the undersigned authority, personally appeared, ----------------------, ("Applicant's Representative) this ____ day of ________, 2005, who, first being duly sworn, as required by law, hereby acknowledges: 1) The statements contained herein are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the Alternative Water Supply Funding Program Applicant for the above referenced to make the representations contained herein. 2) The undersigned understands the Applicant must be in receipt of all required permits to construct the alternative water supply project within 12 months from the date of encumbrance of funds. 3) The undersigned represents that the reasonable length to complete the construction project will be months. ------- 4) The undersigned represents that the Applicant intends to begin construction of the alternative water supply project by this ______ day of _______, in the year ------. 5) The undersigned represents that the Applicant understands the alternative water supply project must be completed and invoiced within 36 months from the date of the encumbrance of project funds and further understands that if construction does not begin on or before the aforementioned start date and end no later than 36 months from the date of encumbrance of funds, the South Florida Water Management District reserves the right to rescind alternative water supply funding. STATE OF -------------------- COUNTY OF ---------- --------------------------------- ---------------------------------- By: Applicant's Representative Print Name SWORN TO and subscribed before me _____ day of _______, 2005. Such person(s) (Notary Public must check applicable box): [ ] is/are personally known to me. [] produced a current driver license(s). [] produced as identification: _________________ (NOTARY PUBLIC SEAL) ------------------------- Notary Public 35 Agenda Item No. 16C19 April 12, 2005 Page 40 of 48 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District" and the undersigned Applicant, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient trom the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "C," and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution ofthis Agreement and shall continue for a period not to exceed thirty-six (36) months. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION I CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on the first page of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least fifty (50) percent of the total project cost, with the exception of designated REDI communities. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Exhibit "c." By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "C." 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the project. District funds shall only be used for capital or infrastructure costs for the construction activities described in Exhibit "C." 45 Agenda Item No. 16C19 April 12,2005 Page 41 of 48 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable as described in Exhibit "C." The Recipient shall provide certification that all construction has been completed in accordance with Exhibit "c" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the Agreement for invoice submission. The time at which payment shall be due from the District shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in the Florida Statutes, Section 218.70 and upon satisfaction of the District conditions as detailed in the Agreement. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1 %) per month on the unpaid balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Any disputes regarding invoice payments that cannot be resolved by the appropriate department of the District shall be concluded by final written decision of the District Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the District. 4.4 Upon completion of the project, data that was generated during the performance of the project shall be submitted to the District. This may include technical information on the . Floridan Aquifer or reuse data. 4.5 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide to the District quarterly progress reports summarizing a brief description of the current status of the project, and the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Schedule of Deliverables in Exhibit "C," attached to this Agreement. 46 Agenda Item No. 16C19 April 12, 2005 Page 42 of 48 ARTICLE 5 - CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Contract Manager for attempted resolution or action. The Contract Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (District Contract Manager's name as stated on the first page of this Agreement) (Address as stated on the first page of this Agreement) 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 - TERMINATION I REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with District Rule 40E-7, Part II of the Florida Administrative Code, "material breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Rule 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 47 Agenda Item No. 16C19 April 12, 2005 Page 43 of 48 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Contract Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Not withstanding anything in this agreement to the contrary, the District reserves the right to terminate this agreement immediately without notice in the event any of the representations contained in the Acknowledgement, attached hereto as Exhibit "E," executed by the Applicant's Representative in connection with the Application are found to be false or if: (a) Recipient has not received and submitted to the District copies of all required permits to construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "c" within 12 months from the date of the encumbrance of funds by the District; or (b) The reasonable length of time to construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" is determined at any time by the District, in its sole discretion, to either exceed the time set forth in the aforesaid Acknowledgement or to exceed 36 months from the date of the encumbrance of funds by the District. (c) The Recipient fails to commence construction of the project described in the "Statement of Work," attached hereto as Exhibit "C" on or before the date set forth in the aforesaid Acknowledgment; or (d) The Recipient fails to complete the construction and performance of all work items described in the "Statement of Work," attached hereto as Exhibit "c" within 36 months of the encumbrance of project funds by the District. 48 Agenda Item No. 16C 1 9 April 12, 2005 Page 44 of 48 ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 49 Agenda Item No. 16C19 April 12, 2005 Page 45 of 48 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 The Recipient hereby assures that it is not on the State's Convicted Vendor List, or the District's Suspension of Contractors List. ARTICLE 9 -INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination ofthis Agreement. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for simi1ar services. 50 Agenda Item No. 16C19 April 12, 2005 Page 46 of 48 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work - Exhibit "C" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any ofthe events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by glVlllg precedence III the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "C" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 51 Agenda Item No. 16C19 April 12, 2005 Page 47 of 48 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This agreement is subject to and governed by the provisions applicable to it contained in sections and 373.0831 and 373.1961, Florida Statutes (2004). 52 Agenda !tem No. 16C19 April 12, 2005 Page 48 of 48 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director Date: (Project shall start upon execution date of this Agreement.) SFWMD Office of Counsel Approved By: Date: Recipient's Legal Name: By Authorized Official: Title: Date: SFWMD Procurement Approved: By: Date: 53 Agenda Item No. 16C20 April 12, 2005 Page 1 of 22 ,- EXECUTIVESU~Y Recommendation to accept two grant agreements for Regional Irrigation Distribution Systems (RIDS) Projects from the South Florida Water Management District in the amount of $200,000. OBJECTIVE: To accept two grant agreements ITom the South Florida Water Management District (SFWMD) to obtain additional funds for Regional Irrigation Distribution Systems (RIDS). The public purpose is to obtain additional funds for Regional Irrigation Distribution Systems by accepting two grant agreements from SFWMD for scheduled projects to be performed by the Public Utilities Division. Such RIDS projects will increase flows for the North-South reclaimed water interconnect and increase reliability and movement of flows to future ASR wells CONSIDERATIONS: Collier County Public Utilities Division was contacted by SFWMD. Staff provided the project scope of work and estimated costs, and had infonnal discussions regarding these potential applicable projects. Subsequent to these discussions, the following contracts were submitted to the County for execution: ,'- 1. Title: Reclaimed Water ASR (Project 740302) - Contract No. IA050244 Description: Design of one pilot ASR well and appurtenances to provide seasonal storage of reclaimed water in the wet season and recovery during the dry season when demand is greatest Grant: $100,000 2. Title: Radio Road/Davis Boulevard 16" Reclaimed Water Main (project 740351) - Contract No. IA050247 Description: Design and construction of a 16-inch reclaimed water main from the Foxfire Reclaimed Water Pump Station at Radio Road to Davis Boulevard and installation of a 16-inch reclaimed water main along Davis Boulevard to County Barn road. Grant: $100,000 Unlike previous SFWMD grants, the grantor required no formal application and therefore there was no grant submittal for the Board of County Commissioners to approve. On February 22, 2005 and March 1, 2005, the South Florida Water Management District sent the contract agreements for each of these projects. The contracts are to be executed by the Chairman and returned to the SFWMD for final processing. The period of performance· for each of these agreements is one year from the start date set forth in the agreement. ".-., Agenda Item No. 16C20 April 12, 2005 Page 2 of 22 SFWMD has contacted staff regarding grants for the next contract tenn. One project under consideration is the Reclaimed Water ASR project - Construction Phase. FISCAL IMPACT: Revenue in the amount of $200,000 will be realized upon completion of the work associated with these agreements. A local match of at least 50% is required for each project. The required additional funds for Project 740302 are appropriated in Fund 414, Wastewater User Fees. The additional funds for Project 740351 are appropriated in Fund 413, Wastewater Impact Fees. Funds for these projects are included in the FY05 Capital Improvement Budget adopted by the Board September 23, 2004. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting nom this action. These two projects receiving grants are consistent with the 2003 Water and Wastewater Master Plans approved by the Board on May 25,2004 as Agenda Items 10 (C) and 10 (D). RECOMMENDATIONS: That the Board of County Commissioners: ""-'''' 1. Accept the following grant agreements nom the South Florida Water Management District: a. Contract No. IA050244 - Collier County Reclaimed Water Aquifer Storage and Recovery Project in the amount of $100,000. b. Contract No. IA050247 - Radio Road/Davis Boulevard 16" Reclaimed Water Main Project in the amount of $100,000. 2. Authorize the Chairman to execute the agreements. 3. Approve staff to enter into an informal application process for additional grants under this program. PREPARED BY: Artie Bay, Senior Administrative Assistant, Public Utilities - Engineering - Agenda Item No. 16G20 April 12 , 2005 Page 3 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C20 r1:e1~()nHn~nd;!ti(m to ¡ (;ce~~ two gran! a~lreerr1t!f)t~. for Regiol1al In I¡¡¡¡rion [)lsiritH)lic;n Sy~;t~rm; iJ~IO:',11~11( ¡~d!i h)lf~ nl~ Sourh FI,.)n(~~! W¡¡t~r r''''.¡¡n'.Hp.m~nj n~stri(;t '11 the air¡¡)l¡fj! (,! Meeting Date $2DC,Oao, 4i12/2005 900 00 JIM Prepared By Date Artlt' Bay Se.niOf Admini: ,trativr A1-!>I!¡t<mt 312<112005.4:01 ;OI¡. PM ~}\Jbljc; U@~ies F¡'ubflc UfIIWe, El1gineeri/lQ Approved By Matl(!/l1/\ J. Footd Gmnts Coordinator Oate Admjnis.traUve Services. ^dminiiih'a{¡YI!: Services Þ.dmln. 3125/2005 11:41 AM Approved By Thomas Wideit o!'e,ations Director Da.te Public Uttlilie:$ Public Utllitir.$ OperuUO!"I!$ :!.128!20QS 12:49 PM Approved By Roy B. Anùer$on, P.E Public Utllltle'io Eng¡neel'lllÇ/ Dllec10r Date p\! bUt: tWllt!¢s PutJ!k Ulj[Itt¢!õ Ef1g~nf\r.:'~ftg 3f23J::1:0ù5 5:12 PM Approved By JtlI!U!.'i. W. DeLtmy PUblic Utl!ltl~!S A.drnll1btrator Dilte Public UtI!ilif!5 Public tltlli¡ius Admlni!;tratír.m .'i/2':II2005 10:01 A.M Approved By OMB Coordln!ltm Adrt1ll1l~t 'at¡Ye A~$ ¡ .lant D; ¡te County Manoljler''S. Office Olficlt 01 Mam1IJement 8. 6uo'i et J/29/Z00S 2:59 PM Approved B)' Susan U5hN B.enior M.a"",QRmentlButlg0t A.naIV$.t Dolt!! Cuunty Man.goer':> Office Office of MalHtgcment & Budget 411/20056:52 PM Approved By Mlchap.1 Snlykowski M>lnagement &. Budge': Diroctor Dale County Manage":s. Offl<;e Df'tìct! of Manz!ilt!ment &. Budget .0114/200511:22 AM Approved By James V. Mudd County ManõltfN 0,.. Board of County Commissioners CQunty Manag,er's O"~c:e 414J2/}05 7:30 PM .--.,..,---."" .._~-- · AgeuRia'{Y~ L SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. IAOS0247 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS AGREEMENT is entered into as of the Water Management District (DISTRICT) and Collier County (COUNTY). by and between the South Florida WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enwnerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for the design and installation of a l6-ÍIlch reclaimed water main from the Foxfire Reclaimed Water Pwnp Station at Radio Road to Davis Boulevard and installation of a 16-inch reclaimed water main from Davis Boulevard to County Barn Road; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "An attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for the design and installation of 5,300 I.f. of 16-mch reclaimed water main within an existing FP&L easement from the Foxfire Reclaimed Water Pump Station at Radio Road to the Davis Boulevard right-of-way and installation of 3,630 I.f. of 16-mch reclaimed water main within the right-of-way of Davis Boulevard from the FP&L easement to County Barn Road. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one year. 3. The total DISTRICT contribution shall not exceed the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Scbeduk sçt forth in Exhibit "B", which is attached herçto md made a part of this AGREEMENT. The DISTRICT's contrIòution is subject to adequate docwnentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $100,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT Agreement No. IA050247 - Page I of 5 Agenda Item No. 16C20 April 12, 2005 does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminateP~5 of 22 expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of Eight Hundred Seventy Eight Thousand Twenty Seven Dollars and No Cents ($878,027.00) in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part ofthis AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be perfonned beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased. by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property. 9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on allinsurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (I) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. IA050247 . Page 2 of 5 ""'---"'-"" Agenda Item No. 16C20 April 12, 2005 11. The parties to this AGREEMENT are independent entities and are not employees or agents of thràWèf3 of 22 parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the tenn of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event ofternúnation, all funds not expended by the COUNTY for authorized work perfonned through the tennination date shall be returned to the DISTRICT within sixty (60) days oftennination. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintaÙ1 records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit pmposes: A. Maintenance of Records: The COUNTY shall· maintain all financial and non-financial records and reports directly or Ù1directly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years fTom the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to exaDÛne in accordance with generally accepted governmental auditing standards aU records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disoutes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising fTom performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shaU, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and Agreement No. 1A050247 - Page 3 of 5 Agenda Item No. 16C20 April 12, 2005 applicable rules of the Executive Office of Govemor, roles of the Chief Financial Officer anð~/ of 22 of the Auditor General and the State Projects Compüance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Rccords: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's'Auditor General andlor federal awarding agency shall have the right to examine the COUNTY's financial and non-fmancial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to detennine whether timely and appropriate corrective actions have been taken with respect to audit fmdings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Collier County Board of County Commissioners Attn: Nestor Garrido, Project Manager Attn: Penelope Burger, Contract Specialist P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Telephone No. (561) 682-2536 Attn: Harold Hubert, Project Manager Attn: Marlene Foard, Grants Coordinator Address 3301 Tamiami Trail E. Bldg. H, 3n1 Floor Naples, Florida 34112 Telephone No. (239) 530-5341 19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party ftom performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other fonns of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. Agreement No. IA050247 - Page 4 of 5 -------,_._~---_. _---.....,.-._N""'· Agenda Item No. 16C20 April 12, 2005 Page 8 of 22 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1- 24 (b) Exlubit "A" Statement of Work (c) all other exIubits, attachments and documents specifically incoxporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden. Director of Procurement AftIft ........... .. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BY: ~fL-\.¥~r¡0 By: Fred W. Coyle Title: Chairman ~;:t~'__ ". .........øtCow1ty Attorney April 12, 2005 Agreement No. IA050247 - Page 5 of 5 Agenda Item No. 16C20 April 12, 2005 Page 9 of 22 EXHIBIT "A" STATEMENT OF WORK 1.0 INTRODUCTION Collier County is located in the Lower West Coast of Florida and it is within the South Florida Water Management District (SFWMD). Population has been rapidly increasing. The 2003 census indicated a population of approximately 286,000 people and the projections indicate a 90% increase by the year 2020. The County operates a large urban reuse system including reuse transmission lines and inter- connections. The Regional Irrigation Distribution System (RIDS) study was completed in December, 2004. The study recommended thirteen (13) major projects in Collier County including interconnections and Aquifer Storage and Recovery (ASR) systems. The County is requesting funding for a project that involves building a reclaimed water main that will increase the flows for the North-South reclaimed water interconnect and increase reliability and movement of flows to future ASR wens. The project consists of the design and construction of a 16-inch reclaimed water main from the Foxfire Reclaimed Water Pump Station at Radio Road to Davis Boulevard and installation of a 16-inch reclaimed water main ftom Davis Boulevard to County Barn Road. The District through the Water Supply Program is partially funding the design and Construction of the reclaimed water main described above in the amount of $50,000 upon submission of a Letter of Substantial Completion and Invoice due on July 31, 2005. 2.0 SCOPE This project consists of the design and installation of 5,300 l.f. of 16-inch reclaimed water main within an existing FP&L easement from the Foxfire Reclaimed Water Pump Station at Radio Road to the Davis Boulevard right-of-way and installation of 3,630 1.f. of 16-inch reclaimed - Exhibit.. Þ:' to Agreement IA050247. Page 1 of 2 .-...---- Agenda !tem No. 16C20 April 12, 2005 Page 10 of 22 water main within the right-of-way of Davis Boulevard from the FP&L easement to County Barn Road. The principal goals of the project are to: · Increase availability of reclaimed water, · increase the flows for the North-South reclaimed water interconnect, · increase reliability and movement of flows to future ASR wells, · meet existing demands 3.0 WORK BREAKDOWN STRUCTURE The project will be comprised of the following construction elements: 1. Installation of 5,300 1.£ of 16-inch reclaimed water main 2. installation of 3,630 1.£ of 16-inch reclaimed water main 4.0 Project Cost The total project cost, including design, construction and inspection is $1,028,027.00. 5.0 Location of the Project The project is located at the Foxfire Reclaimed Water Pump Station at Radio Road to the Davis Boulevard right-of-way and from of Davis Boulevard from the FP&L easement to County Barn Road in the City of Naples, Florida 6.0 Deliverable Schedule The project is estimated to be completed in 5 months. A construction contract has been awarded and construction will commence in early February, 2005 with completion in July, 2005. Exhibit "A" to Agreement IA050247, Page 2 of 2 Agenda Item No. 16C20 April 12, 2005 Page 11 of 22 ,.,.,-, EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. · All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of months from the date of agreement execution. The County hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in both written and electronic four-digit format. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by· the District for all work completed herein shall not exceed the amount of $100.000.00. All payments are subject to District fiscal year appropriations. Design and installation of 5,300 1.£ of 16-inch reclaimed water main and installation of3,630 1.£ of 16-inch reclaimed water main Letter of completion July 2005 $ 100,000.00 Total: S 100,000.00 Exhibit "B" to Agreement IA050247, Page 1 of 1 OLON NON 00- (DNO ~ oN ,N~ 0"'- z:¡:: ~ E 0.. ro ~«o... ro " c (]) 01 « I: ~ E-t ... = ~ ¡;.¡¡ I: ,g ~ ~.! i S g. 8 oo""ð .a. ~ ~. ! OQ ,S ] ~ a i 0 cu = ~ ~ f-c ~ ~ ë§ oS z ... ~ 0 .... .!! ... I: 0 U .... I: m " " t',e 0( ... :a ... 0 ... < U ... I: ®1 ~ :I f :I ø.. = ~ i & >- l! ~ ... ~ 0 .... < 11 "2 'C ~ .. " ~ ... " !:: :I 0 Æ -as"" -¡¡ -8 ~i .. " cugz 11 ~ø.. f,J:c g ..¡: ~ u .! 1:1 Š a. ~ 00 ið < v3 ¡;¡;; to- ~ C\ .n ª .... M < I: OQ 0 ~ ';:I ~ § 00 0 ~ .... .... .! .c :I 00 6 r¡ ..¡: CoI .~ .. :I 0 ~ r¡ J! u =: .- 0 ~ f-c "" 8 ~ <O!; Z .~ ~ 0 00 00 ~ U ~ f,J:c .S l! ] .... .... 0 .... ... ~ c 0 U = "" cu Ë 1 ~ " z &¡ 0( ... :a :; .... 0 cu .... 2>- .... S- a 00 r3 IC :I .¡(j f ~ :I ø.. ... 1:1 ~ :ë ~ >- U = ~ u .= OQ .... < 0 1 ... "2 'C cu .. ~ IC ~ r¡ CoI ... :I 0 i ii i ~ '3gz ell ~ø.. ... rI.) ,..., ... <<fa ~~ ~ ~~ s~ .;j .~ g ~~u u~~ 'J: f¡ ~.s e "0 o ~ O~" OQU ..- 0·..... 0:1_"0 ~ S.S "0"'>- cu~_ ~ :;¡ ...."'cu o~o OQ ~ '" o .- 'C ¡; r:;:::1: ... ... . cu ell 0:1 CU._ ~ U 19.s< cu '" u ¡ .£ ::;;~ 0 .sj~ E-t "0........>- u,...,.!:J .... :@<"d 0 ~ ~..~ cu cu U ::s ?f "d_C' cu ø.. '" 8 "" 1:.§-"= r-~ 8 ~ "'" N U .¡(j Ë 0 .= gj >- V'> 0 &< = ~ ~-;;¡ < !'ü.\Oi 1: = "" 8 0:1 0 o .S ~ cu cu ""~(¡; 50 Coli.) 8 < ~ ¡g't B "'OOcu ..g.....'" ~ .~ 0 'õ bQlI.) ... ~..9 g. ~ ª' s u '" '" oU ... DJ u .§ ~ ::; 'r:: ~ -"=00 "'¡¡:;u 1: ~ .!L~ .8< .. ,S U 0 '1:1 I:! ~ cu -š1ä] ........u Ð"].S j~~ ~:Ë-g cu u ¡g !Ë~] ="'" cu ~ 0 '1:1""'" .- (' v ã ~ l; !;b "'" ~ ot'i~ ",,-0 Co"," -,,=N-Š u- ~::;;-"= ~ ~.~ °B-"= ~ ~ ò ~ o ,..¡ ,..¡ o ~ ~ ~ ~ o f-< tr.I .... tr.I 6 U ffi ~ ~ ~ o < tr.I æ f-c o f-< ~ ;¡ tr.I !5 ø.. >- ~ ~ ~ o ¡,¡;¡ ~ < ~ < ~ ~ a ° ~ ''¡: ~.! S go f.) 00 ¡ð ! < IC ~ ~ 0 .. ø.. -¡¡ ~ ... ~ "2 OQ ¡¡;, ~ .. § oS ~ I 101 .. :I 0 Æ = :a ~ ~ I: i :Ë .s ëi f-c ~ ¡¡;, < z ~ ® oS ... 0 ... .~ ... a 0 U ... = ë " " ~ 0( ... :a .... < ... 0 .... ~i .... c ell Uz :I ... ... :I ø.. .... c " i ~ >- 5 l! ÞO .... < 0 "2 .... 1 i 'E IC ~ ~ r¡ CoI ... :I 0 ¡ li i ~ IC ~~z .... 00 - 8 AO~ Item NO.' 1. 6 C. 20 { f.Þ~"212#0~ {), !13 Ö~2t I '8 1-\ SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. IA050244 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY TIDS AGREEMENT is entered into as of the Water Management District (DISTRICT) and Collier County (COUNTY). by and between the South Florida WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for the design of one pilot Aquifer Storage and Recovery well and appurtenances; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for the design oCone pilot ASR well which includes the design of one (1) 12- inch diameter injection well and two (2) 6-inch monitor wells. 2. The period of perfonnance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one year. 3. The total DISTRICT contribution shall not exceed the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate docwnentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $100,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall ternùnate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. Agreement No. 1A050244 - Page I of 5 Agenda Item No. 16C20 April 12, 2005 Page 14 of 22 4. The COUNTY shall submit quarterly fmancial reports to the DISTRICT providíng a detailed accounting of all expenditures incurred hereunder tbroughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of Eighty Four Thousand Two Hundred Seventy Nine Dollars and No Cents ($84,279.00) in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work., which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "An shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exln'bit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRlCf and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, includíng the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) andlor successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property . 9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRlCf hannless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT Agreement No. IA050244 - Page 2 of 5 -- ]6. - Agenda Item No. 16C20 April 12, 2005 Page 15 of 22 without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The COUNTY shall maintain all fmancial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period offive (5) years ftom the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Le~al Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph # 16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as foIlows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "Cn. The COUNTY shall maintain all fmanciallnon-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Govemor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's ""--_ -.·0 ..._ Agreement No. IA050244 - Page 3 of 5 ._----~~ Agenda Item No. 16C20 April 12, 2005 Page 16 of22 Chief Financial Officer and the state's Auditor General and/or federal awarding agency shaIl have the right to examine the COUNTY's financial and non-fmancial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: . South Florida Water Management District Collier County Board of County Commissioners Attn: Nestor Garrido, Project Manager Attn: Penelope Burger, Contract Specialist P.O. Box 24680 330 I Gun Club Road West Palm Beach, FL 33416-4680 Telephone No. (561) 682-2536 Attn: Alicia Abbott, Project Manager Attn: Marlene Foord, Grants Coordinator Address 3301 Tamiami Trail E. Bldg. H, 3rd Floor Naples, Florida 34112 Telephone No. (239) 530-5344 19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof; by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other tenn or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain opemble, enforceable and in full force and effect to the extent pennitted by law. 23. Failures or waivers to insist on strict perfonnance of any covenant, condition, or provIsion of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from perfomúng any subsequent obligations strictly in accordance with the tenns of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24, Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories. or their designees, shall be the disposition of such dispute. 25. TIùs AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oml representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 - 24 (b) Exhibit "An Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference Agreement No. IA050244 - Page 4 of 5 .'....----..-- Agenda Item No. 16C20 April 12, 2005 Page 17of22 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date flfst written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Director of Procurement S~~APPROVED By. &( ØJt;-J Date:· .; -/1 -()$"" ~ Aftiii' DWÏ8lrrI. __ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BY: ~~L¡h¡ C~Mf By: Fred W. Coyle Title: Chairman April 12, 2005 :l\~. '1 ...,......~ ¡..·...f';~'\...'.,.~~,':\r"~, f..ppnwedu to form.... ,í':t,.." 1>..""'''-' "j JO~ ~~~._- .......YI~Cow1tJ A.ttotno¿, . 't Agreement No. IA050244 - Page 5 of 5 . . --'--"'__.0- ~.........._-_._-".".. Agenda Item No. 16C20 April 12, 2005 Page 18 of22 EXHIBIT II A" STATEMENT OF WORK 1.0 INTRODUCI10N Aquifer Storage and Recovery (ASR) is a method of increasing the available water supply by storing excess water in underground aquifers, and recovering it when needed to satisfy peak demands. Collier County has identified the need for 140 million gallons of reclaimed water storage in order to expand and maximize the effectiveness of the County's existing reuse program. ASR provides the most cost-effective means to achieve these storage objectives for reclaimed water. Even with the extensive reuse program that Collier County has, during rainy periods when irrigation demand is low, excess reclaimed water must be disposed of using percolation ponds and deep injection wells. However, with adequate seasonal storage, reclaimed water can be used much more effectively; reducing irrigation withdrawals from surface or groundwater systems during critical dry season periods and reducing loss of valuable freshwater resources. For these reasons, the use of ASR for storage of reclaimed water is consistent with the goals and objectives of the South Florida Water Management District. Collier County has already committed funding and support to ASR technology. The proposed reuse ASR project would utilize reclaimed water from the North County Water Reclamation Facility (NCWRF). The County has already selected a site for the project and submitted the application for the FDEP pemùt. Initial exploration wells have also been drilled. 2.0 SCOPE The scope of the project is to design one pilot ASR well and appurtenances. The project will create a facility for the storage and recovery of more than 140 million gallons of reclaimed water. It is anticipated that upon completion, the proposed well would accept injectate and recover water at a rate of 1.0 to 1.5 MGD. Injection would occur over a 90 to 120-day period during the wet season, or whenever excess wastewater was available. Recovery would take place on an as-needed basis to increase dry season reclaimed water flows to County reuse customers. Plans and contract specifications will be submitted to the County for review and test/ construction permits will be obtained prior to start of construction. The principal goals of the project are to: · Increase availability of reclaimed water, · Decrease the loss of reclaimed water using traditional disposal methods, and · Reduce dependence on freshwater aquifers to meet dry season demands. 3.0 PROJECT JUSTIFICATION This project is justified because of the opportunity to conserve significant quantities of fresh water and to reduce the amount of reclaimed water being lost through conventional disposal Exhibit "A" to Agreement No. lA050244, Page 1 of3 Agenda Item No. 16C20 April 12, 2005 Page 19 af22 methods. During the wet season or other rainy periods, reclaimed water frequently goes unused. With adequate storage available, this excess water would be available for beneficial use during the dry season. The storage of wet season reclaimed water for use during the dry season will also relieve demands on potable aquifers during the dry season. The capital cost of ASR versus the cost of conventional water storage is more economic than conventional storage. Other cost/benefit opportunities will be seen when the ASR program is complete and the dry season irrigational demands are supplied with stored ASR wells, thus reducing potable water demands. 3.1. Potential for Significant and Lasting Benefits Implementation of an ASR facility has significant and lasting benefits for Collier County by providing the following: · A means to meet future irrigation water storage and demand · Effective management of existing water resources including the ability to: - Maintain wellfield safe yield - Enhance wet season production Reduce aquifer stress during the dry season · Reduction or delay of the need for future well field expansion 4.0 WORK BREAKDOWN STRUcruRE Design Description The design includes the following: · One 12-inch diameter injection well cased to approximately 800 feet below land surface, and an open hole injection/recovery zone from approximately 800 to approximately 860 feet. · Two 6-inch monitor wells cased to approximately 635 and 800 feet below land. surface respectfully, and an open hole monitor zones from approximately 635 to 730 and 800 to 840 feet, respectively. The ASR pilot project is designed to obtain site-specific hydrogeologic and water quality data in order to identify and select an optimum storage interval. Discreet interval hydraulic testing will be conducted during drilling of the deep test/ monitor well. The primary objectives will be to determine the transmissivities of the storage zone and the confuùng characteristics of the zones above and below the storage zone. Final completion depths for the ASR well will be determined following review and interpretation of data collected during construction of the monitor well pilot hole. The deep test/ monitor well will subsequently be used as an observation well for an aquifer performance test and a monitor well for the storage interval during operational testing of the ASR well. 4.0 Proj ect Cost The total cost to design the ASR pilot well is estimated at $184,279. Exhibit "An to Agreement No. IAOS0244, Page 2 of3 Agenda Item No. 16C20 April 12, 2005 Page 20 of 22 5.0 Location of the Project The project is located north of the Pelican Bay Wellfield, off Livingston Road in Collier County. The injection well and monitor wells will be installed on easements obtained by the County. 6.0 Deliverable Schedule The design is estimated to be completed in July 2005. Exhibit "A" to Agreement No. lA050244, Page 3 of 3 Agenda Item No. 16C20 April 12, 2005 Page 21 of22 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. · All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of months ITom the date of agreement execution. The County hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in both written and electronic four-digit fannat. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $100.000.00. All payments are subject to District fiscal year appropriations. Design of pilot ASR well Letter of completion and copies of design July 31, 2005 $ 100,000.00 Total: $ 100,000.00 Exhibit "B" to Agreement No. IA050244, Page 1 of 1 OI.C)N NON ÜO- t.ONO '"": Ñ¡:j 0"- z 'ë ¡g, E 0.. ('0 ª«D... ('0 -0 c: ( ) 01 « :: U :s ~ .... == ~ ~ s:: 0 .~ ¡; $'~ ~ S c:lq¡ ene't; 8:U < ] 00 .S § ~ !!! = .~ .5! CU "Q +:: IiIo ¡: -( ~ < Z .c .. Q ... tJ I:> .. '" .¡;; = = U .. = ë ~ ~ ij -( '" :a .. = .. -( t:¡ .. = ~1 " ::I '" Uz ... ::I ø.. .. = CI,) :ë ... ~ ~ » CI,) ~ .c ... I) I:> þ/) ... < '1:1 ~ CI,) '1:1 u ... "1:1 It I) ~ ¡.t.. WI CI,) ~ .. ::I = WI CI,) " (;j ~ t:¡ ëi ~ "1 ... -g ~ ::I C '1:1 ~~z C ¡.. = 0 $:~ ~ S go ~ CI)....~ g;u < .. 00 ~ r: i5 0\ :J iii ! ..... 1"1 = þ/) .S ,S - c,¡ "8 C en :J I:> ¡,¡., - ... c,¡ .~ -§ VJ = '" .9 GI c,¡ .g ... ::I = u '" u '" CI,) _ u ø:: :\:: Q ~ E-< .... v ~ -<O~ .~ ~ 0 VJ VJ = U ~ I:) .S IiIo CI,) § .c .. ¡.t.. ... = ... .~ '" = 0 U ... .... = i CI,) e t z ij -< '" :æ :; ... = u ... $>- ... S(;j 1:1 It en ~ ::I ¡¡:: '" .. ::I ø.. ... = C :ª .- ~ » GI =: ¡g CI,) ~ ,C ... < = (;j - '1:1 .... I) CI,) "1:1 '1:1 u ... u.. " ~ '" CII ~ ... ::I I:> ëã ~ ~ ~ t3 !õb 'S CI,) -g 0 ::I ... It u..~Z ... VJ .--.... <09 o rn ¡j ~ .........0 ue.. I.) ;3 - ~~~ .~ 3 = fIJ 0",",", 0 "'¡::ü -< u u urn.c: 'g Q,)- Q,),,¡:I ,S eE-<'O o v o....:,1;i oou - 0'- '" _ 00 t:¡ s.s -g5~ ~"«I:; ....."'u o~- __ u ~ ~,~ 3~ij ~ B·- Us .8- u '" u £::;::~ ~o ,S .c: £ 00.......» u.--.o ,g < 00 ~~,g ~8g. v '" Q,) ... -a0,C U = I.) as'" cu.~ ë .!:1 : » ë-< d ~(;j< !3 'õ ..IoI! '" d ..... !õbcGo o,s ~ ...~'¡¡¡ c..cu8 Q) ..... .- £s¡:: Cf.I I) .c:.....'" .~ 04"'4 ~ 0 001) .?;>.sz g. 90S u t= <II '" oU- U <II ~ ="1:Ib ",.¡:: d ,.J:IOO rn-u _¡.t.. 3u~ .... £ ... .~ .... .s ~~-g us::'O £<Ú.E! .......~ ~].~ o ,C ... .0 . as cG~'O 'Oc;::¡u u u '" t.:::"tù= 'i§ ~ ~ G) ~ 0 00 M ..... .... r-- ~ ã ~ tU !;:b '<t .a o~~ ....-0 c..-.:t .c:N~ u......., ~=-s.:= .... ~.~ o.c:.c:: ¡,¡.,~¡¡t ..... :.E ~ p.¡ c:; ~ ~ o ,...¡ ,...¡ o u.. ¡;¡:¡ ~ ~ E-< U) ..... en Z o U E-< Z p.¡ ::E ¡;¡:¡ ~ Cì -< U) 53 E-< o E-< E-< ~ ::> ~ b æ ¡;¡:¡ :I: E-< o E-< Q ¡;¡:¡ ª -< ~ -< [/.) Q 5 u.. s:: 0 '':: ¡; $'~ 0 sc..~ ene~ c..u ~ ~ It ~ § ... ø.. ëi ~ ... -< CI,) '1:1 þ/) GI ~ IiIo ... § oS r¡ u.. ~ .. ::I I:> '" CI,) =: ~ :æ ~ .. It ~ d .~ u +:: c ~ ~ -< ~ 0 z CI,) .c ~ ... u ... I:> ... '" .¡;; = = u - = ë t ~ ." :æ ... < ~ I:> - ~1 - = It Uz ::I '" ... ::I ø.. - = CI,) :ª t » =: 5 CI,) .c þ/) - -< I:> '2 - '1:1 ~ CI,) '1:1 u ... ¡.t.. eN ~ '" cu ~ ... ::I I:> - ~ .. '" CI,) t':I V =: ~ 'S Q,) 00 ~ ::I - æ~z cG - rI) 'tI ... It ~ 7i - = Eo-< ..... o v þ/) t':I ¡:¡.. i N o <n ~ ... = Ë u v !õb -< .8 ~ Agenda Item No. 16C21 April 12, 2005 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve the Selection Committee's decision and award a Professional Services Agreement to McKim & Creed, P.A. for Design Engineering Services related to the Reuse System Telemetry/SCADA Wide Area Network, RFP 05-3789, in the amount of $199,054, Project 740332. OBJECTIVE: The public purpose is to facilitate end-to-end operational control and monitoring of the County's Reuse System by providing for professional engineering services necessary to construct and expand the Reuse Telemetry and Supervisory Control And Data Acquisition ("SCADA") Wide Area Network (''WAN'). CONSIDERATIONS: On May 25, 2004, as Agenda Item 10 C, The Board of Collier County Commissioners adopted the 2003 Wastewater Master Plan which identifies the need to provide a new Wide Area Network to serve projected operational needs for the Reuse Division and its SCADA System. The proposed WAN is planned to further advance the direction of the existing Reuse Telemetry/SCADA System, to centralize and optimize control capabilities, and to accommodate future business process initiatives. To implement the study, design, and construction phases of Engineering Services for this Project, a Request for Proposal (RFP #05-3789) was posted on January 13, 2005. Two hundred eight (208) inquiries were sent to vendors, with thirty-one (31) full packages requested. Five proposals were received on February 4, 2005. On February 28, 2005, a Selection Committee was convened to evaluate the proposals that were received from the following firms (in no particular order): Camp Dresser & McKee, Inc. EMA, Inc. Gray-Calhoun & Associates Hazen & Sawyer, P.C. McKim & Creed, P.A. By consensus, the Selection Committee recommended selection of McKim & Creed as the No. 1 firm, Hazen & Sawyer as the No.2 finn and EMA as the No.3 finn. Public Utilities Engineering Deparbnent and Purchasing's Contract Administration staff worked together to negotiate a scope of work, fees, and tentative work schedule with McKim & Creed for the Professional Engineering services necessary to carry through to Project completion. Included in these services are System Evaluation and Architecture Design; Preliminary Design; Final Design; Bidding Services; Services During Construction; and Contingency Allowances. A copy of the Proposal from McKim & Creed is attached ,...'-..... In the negotiations with McKim & Cree~ the proposed fees and rate schedules were scrutinized by the Project Manager and have been detennined to be fair and reasonable. '."'-_...,." ~''',,''"'...'''''........-,;,-..,~ Agenda Item No. 16C21 April 12, 2005 Page 2 of 14 Overall pricing for the Engineering Setvices is favorable in comparison to previous similar contracts and fee schedules related to Instrumentation and Control Engineering Setvices. The proposed Scope of Work is consistent with the intentions of the Request- for-Proposal solicitation. The proposed work schedule, including timeftames and projected engineering man-hours, are consistent with timeftames and total manpower commitment for similar SCADAlNetwork projects. A standard, County Attorney approved contract has been prepared by the Contract Administration section of the Purchasing Department. Based on the negotiations, Staff recommends awarding a Professional Services Agreement to McKim & Creed for the full scope of Engineering Services associated with this Project, as set forth in their Proposal. The Clerk's Finance & Accounting Division has reviewed the information contained in this Executive Summary. FISCAL IMPACT: Funds in the amount of$199,054 are available in the Sewer Capital Fund 414, Sewer User Fees, Project 740332 - Reuse Telemetry/SCADA WAN. The scope of work is consistent with Wastewater Capital Budget funds budgeted in FY 05, as approved by the Board on September 23, 2004. The proposed contract is consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 10 C. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting ftom this action. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as the Ex-officio governing board for the Collier County Water-Sewer District, award a Professional Setvices Agreement to McKim & Creed, P.A., for the full complement of Engineering Services related to the Reuse System Telemetry/SCADA Wide Area Network, RFP 05-3789, in the amount of $199,054, Project 740332, and authorize the Chairman to sign the standard Professional Services Agreement after review by the County Attorney. PREPARED BY: Dennis McGee, P.E., InstrumentationlSCADA Manager, PUED ftem Number Item Summary Meeting Date Agenda !tem No. 16C21 Aprit 12. 2(105 rege 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1!3C21 Rel;Omr11!mda!i(j1) to a¡¡pmv~ !h~ 8e-Ject't)1j C¡)'~lmi1:t~!!,.s r)~C¡'';¡( 'i miîj ilW<lnj ;¡¡ !:"Ii()ft~$f¡¡aniitl Selvkt:-* ^Wf.:ef!,erll ~o Mct<tttl e. Gree( , PA for ;)€<liIgn (':I1~¡If1~er:ng Servi{;~~~ relnted to tiFf! R<,use S,.¡;;!ern T eieme!trviSCADA Wld€ A.rea ¡.Jet'work. RFP 05.]789; inlhe amount of :&199,054, Project 740332 4/1;(./2005 9 QO O{) AM Prepared By 3f25'20Q,S 4:11:13 PM D~lInLs McGee- ?\lbHc UlliUic5 Dalf> Proje(:t Mêll'\,'tget Publ!î. UtWtll!:!> En~ll1et!r¡ng Oat~ Approved By JOßf:þM ß. Chf!a!ham PUblic UtlUties WòJ$tewntf!t Director Was1eWJlter Tre.1tMlt!l'It 3;2512006 04:53 ~~M Date Approved By P:!t~t SchaU, PMP Public lJttlllle"$- Sel110r Projecll\.bnaøer Public Uttlltte$ EnQlneertl'tQ 3/28/2005 .4.:U PM Date Approved By Thomas ,,-.r¡de:> Public UtUitlu. Operations Ditector PUblic UtJUtles Oþeu tlotl~ 3128.12005 "':66 PM Dale Approved By Kelsey Ward Admlnistrlltivl!" S¢IV;ces S<efllor Purchas.l¡,g and Conhi;lchi Ageot Purchasing 3129120058:50 AM DatI!' Approved B)' Ray B. AndN!iOn, J,E Publh: Utllttle1ò Public UliUti¢s Engineeting Director Public UtllltlelO Engluèetlng 3/29/20059:19 AM Date Approved By Steve Camel! AdmJnISitrati"f: ~i~"}I(;i!'ti Puu:ha!.lngjGeneral SVC5 Director Purr:hlksln9 3/291200510:35 AM Dò5.te Approved By Jame$ W. DeLany PuhHc Ulilltie5 Public Utllltle1i Admlrllstrator Public IJtHltll!'1i A.dminl.:ur3tiof1 3'29 ZQI)5 :1:48 PM Date Approved By OMB Coordlf1ator County Manager's Offict: A,drnlnlslratJlfe As,$fstal'tt omcc of Ma-Mg(!nlMI & BUdget 313QI2005 11.:416 PM Dalf! Approved B)' S¡J5a.... Usher County ManoQer'!o Offici!\' SCHirm MaJlðgem~nt(BlIdal!t AnolllVßt Office 01 Mantl\ì~mtmt 8. Budget 3/31120052:55 rIM Datt! Approved By Mj(".hael smykow:skl COUnty M;¡mager'5 Office Mnnag¢'mr.nt & Bud\J~1 Dir~ctor Off1cfI of Management & aUdgll!t 4/412/.1054:23 PM Oal~ Approved By J<tmes V, Mudd Buard Dr County COlt\missiOON:;: county Mal1a\1IH COUl1ty MatJ;1yer', Dmcl!! 414120D5 7:040 PM -~"-"---""".~...," Agenda Item No. 16C21 April 12, 2005 Page 4 of 14 March 21, 2005 Ms. Kelsey Ward Contract Administration Manager Collier County Government Purchasing Building 3301 East Tamiami Trail Naples, FL 34112 RE: Proposal for Professional Engineering Services for the Reuse System TelemetrylSCADA Wide Area Network - RFP #05-3789 Dear Ms. Ward: McI<im & Creed, P A appreciates the opporturrity to provide engineering design and SCADA implementation services to Collier County for the Reuse System Telemetry/SCADA Wide Area Network (WAN). We understand that the County is planning to improve the monitoring and control of its reclaimed water system while considering other compatible uses of existing and proposed network facilities. A communications system will be designed to provide the required data communications between all sites as part of this project. The sites will be retrofitted with newer technology PLC controllers and will be expanded for greater instrumentation and control capability. McI<im & Creed is pleased to present this proposal to provide engineering design and implementation assistance for the development of the new WAN and supporting SCADA system components and features. The scope of work is outlined in the following paragraphs: Services will be provided in the following Tasks: Task 1.0 - System Evaluation and Architecture Design Task 2.0 - Preliminary Design Task 3.0 - Final Design Task 4.0 - Bidding Services Task 4.0 - Services during Construction Task 5.0 - Contingency March 28, 2005 Page 2 Agenda Item No. 16C21 April 12, 2005 Page 5 of 14 - SCOPE OF WORK TASK 1 System Evaluation and Architecture Design A. Project Initiation Meeting Conduct a project initiation meeting with the COUNTY to review the scope of work required to complete the planning and design of this project and to outline the schedule for the work. This meeting will also address the alternative communications strategies to be addressed and the potential for use of the wide area network for compatible uses. B. Obtain and Review Record Drawings/Data The ENGINEER will conduct site visits to each of the sites included in the control of reclaimed water system in the County. We will obtain and review plans, schematics, reports and other operational information that outlines the current system. Interviews with key COUNTY staff will be conducted to gain an understanding of current capabilities and requirements for operation of the facilities. C. Document System Operational Protorol Based on a review of the existing system capabilities and operational goals, confirm the required operational protocol for the monitoring and control system of the reclaimed water systems and facilities. Provide radio telemetry path study for optional radios/frequencies. Costs are included as Direct Cost items. D. Conduct System Study Evaluate system options and WAN configurations to meet the needs identified. Develop the requirements for the SCADA systems WAN to be implemented for monitoring and control of all aspects of the affected reclaimed water system. Evaluate existing WAN capabilities and methods for interconnecting each site. Establish requirements for hardware and software for system compatibility for all facilities. E. Develop a Cost-based Analysis Prepare preliminary cost estimates for comparison purposes. Determine most cost effective option for communications based on system capital and operation costs as applicable. March 28, 2005 Page 3 Agenda Item No. 16C21 April 12, 2005 Page 6 of 14 F. Prepare Design Basis Report Prepare a draft Technical Memorandum to outline and document the WAN configuration and SCADA system architecture to support requirements for the reclaimed water system operation. Meet with the COUN1Y to review the draft Technical Memorandum and prepare a final Technical Memorandum to incorporate the COUNTY's comments. TASK 2 Preliminary Design A. Provide Equipment/System Specifications Provide manufacturer name and models for communications and SCADA system components including hardware, software and PLCs to be incorporated into the design of system improvements being prepared for the COUN1Y. B. Design Communications System/Prepare Site Plans Provide system architecture drawings indicating complete proposed communications paths and site locations/elevations. C. Develop Outline Specifications The 60% Design will include a draft Table of Contents for the specifications to be incorporated into the project Contract Documents. We will also incorporate a specification listing of major components of the SCADA network that will provide the basis for technical specifications. D. 60% Submittal Prepare the 60% complete drawings and technical specifications outline for the project. Submit five (5) copies to the County for review and comment E. Develop Hardware Listing Prepare listing of all hardware items to be purchased by the COUN1Y/ENGINEER including sizes, make and model number of required system components. F. Provide Electrical Design Provide electrical design to support upgraded/new control systems. Prepare electrical design for renovations as applicable. March 28, 2005 Page 4 Agenda Item No. 16C21 April 12, 2005 Page 7 of 14 - G. 90% Submittal Prepare the 90% complete drawings and technical specifications outline for the project. Submit five (5) copies to the County for review and comment. TASK 3 Final Design A. Opinions of Cost Prepare an Opirlion of Probable Construction costs for the proposed improvements to implement reclaimed water system WAN telemetry system upgrades. B. Final Design Submittal Prepare technical specifications for the materials and construction of the proposed improvements. Coordinate technical specifications with COUNfY standard contract documents and contract provisions as applicable. Prepare final design submittal incorporating comments received from the COUN1Y staff on the 90% submittal. Provide final drawings and contract documents for the COUNTY's use. TASK 4 Bidding Services A. Prepare and conduct a pre-bid meeting Prior to bidding, conduct a coordination meeting with the participating INTEGRA 1DR and the COUN1Y to clarify any questions and to provide guide lines for all bidders. B. Review and evaluate bids received Evaluate each INTEGRATOR's offering for accuracy and comprehensive understanding of the tasks involved in this project C. Conduct Interviews with the BIDDERS. After evaluation and determination of the best proposal, meeting COUNfY requirements, interview the successful INTEGRATOR to clarify the plarmed methodology and questions by the ENGINEER or COUNTY. D. Prepare A ward Recommendation to COUNTY. Recommend the awarding of the contract to the Successful INTEGRATOR. E. Attend Commission Meeting if Required by COUNTY.a , _,_.·,,·____u.^·_._,,~.. March 28, 2005 Page 5 Agenda Item No. 16C21 April 12, 2005 Page 8 of 14 If requested, prepare a presentation for delivery to the COUNTY COMMISSION describing the evaluation, proposed system and benefits. F. Issue Notice to Proceed to INTEGRATOR If desired by the COUNTY, issue a NTP to begin construction to the INTEGRATOR. TASK 5 Service During Construction A. Project Implementation Coordination Meeting Prior to begirming purchase, installation or programming services, conduct a coordination meeting with the successful INTEGRATOR and the COUNTY to review the scope of work required to complete the construction of this project and to outline the schedule for the work. Work priorities as indicated by the COUNTY will require general coordination planning prior to on-site construction. B. On-site Meetings/Inspections/Schedule Updates Chair Project Progress meetings/task coordination on first week of each month. Included are up-to-date schedules, additional meetings required for "Substantial Completion" punch list review and "Final Completion" verification of accomplished work. C. Respond to Requests for Information (RFI) Coordinate with the successful INTEGRATOR and the County to answer any questions concerrùng the Tasks or Order of priorities for completion. D. Shop Drawing Review Receive, review and note any deviations from specified equipment or . procedures. Copy the County Engineer on all responses/requests. E. Pay Request Review/Approval Receive, review and note any deviations from specified equipment or procedures. Copy the County Engineer on all responses/requests. Agenda Item No. 16C21 April 12, 2005 March 28, 2005 Page 9 of 14 Page 6 F. System Documentation Prepare and provide documentation of programming work and field installation details (AS_BUILT information from the service provider(s». Include information on each component in the Project and include in the O&M database. G. Coordinate Communications System Set-up Coordinate with the service provider for the establishment of communications between the remote site and the Plants. Coordinate with the service provider for the establishment of broadband communications between the Plants, remote sites and County designated management offices. H. System Start-up Perform start-up and system debugging for programming, communications and HMI components. Demonstrate full range of control and monitoring capabilities. Perform necessary adjustments to the system while meeting operational requirements of the system and COUNTY Staff. 1. Training Provide three days of training to Operations and Maintenance Staff at Collier County. Training will include an overview of the system operational capabilities and system configuration. Specific maintenance training on the communications equipment and workstation equipment will be provided by the equipment suppliers. J. AS-BUILT documentation review and verification Receive and verify the AS-BUILT drawing/documentation mark-ups and forward to the County Project Manager or County Engineer (as directed) for record file. Update project drawings generated by McKim & Creed for the project construction. K. OP 10 O&M Database Configuration/Documentation Services Obtain project related equipment and operational data, incorporate into the OP 10 Database template and perform necessary interface to allow automatic access to the HMI data. Synchronize OP 10 database related operations with the COUNTY's OP 10 Coordinator. Agenda Item No. 16C21 April 12, 2005 March 28, 2005 Page 10 of 14 Page 7 TASK 6 Allowance (For Additional services requested and authorized) We will provide additional services, at costs agreed upon by the COUNTY and ENGINEER and as requested/authorized by the COUNTY, which may arise during the course of the work that were not envisioned as part of the original or amended scope of work. Compensation to the ENGINEER for performance of Additional Services as well as the specific services to be performed and time of completion shall be approved by the COUNTY's Project Manager in writing in advance of performance of said Additional Services. Additional Services must be identified by the ENGINEER prior to the performance of the work. Failure to notify the COUNTY in writing of Additional Services shall be deemed a waiver of any claim by ENGINEER that such services were Additional Services. Additional written authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit. A. HMI Upgrade/lmplementation B. PLC Master Polling/Application programming C. Enterprise Programming!Implementation (Reports) D. Additional system or business communications tie-ins E. Site surveying F. Landscape architecture G. Evaluation of newer proven technologies COUNTY RESPONSIBILITIES · Provide cranes to assist in Radio Path Survey · Provide copies of plans for existing reclaimed systems and components · Review Submittals and provide comments within 15 days · Provide Wiring Diagrams and other data on existing applicable reclaimed system instrumentation and control systems · Provide operating data on current reclaimed water system operation · Provide information on targeted areas of reclaimed water communications system expansion March 28, 2005 Page 8 Agenda Item No. 16C21 April 12, 2005 Page 11 of 14 PROTECT TEAM A. Street Lee, PE Byron Conner Dan Cote, PE Mike Tweedel, PE Eric Brown Nicole Morris Gene Robinson, EI Jeane Potter Philip Burton Tim Grigsby Travis Dunkerley Dwight Minor Mark Lavallee Principal Sr. Project Manager Sr. Instrumentation and Controls Engineer Sr. Instrumentation and Controls Engineer Instrumentation and Controls Design Tech Instrumentation and Controls Design Tech Instrumentation and Controls Engineer Administrative Assistant Information Technology Engineer Information Network Engineer Design Technician Design Technician Radio Technology Specialist, Advantage Communications PROJECT SCHEDULE Task 1.0 - Completion witlrin 27 days from Notice to Proceed Task 2 .0 - Completion within 57 days (Subsequent to Task 1) Task 3.0 - Completion within 10 days (Subsequent to Task 2) Task 4.0 - Completion within 24 Days (Subsequent to Task 3) Task 5.0 - **Completion within 180 days (Subsequent to Task 4) Task 6.0 - Completion as agreed; after individual assignment "Notice to Proceed". ** - Subject to acceleration contingent on County requirements March 28, 2005 Page 9 Agenda Item No. 16C21 April 12, 2005 Page 12 of 14 ENGINEER'S COMPENSATION For the above-described SCOPE OF SERVICES in Work Order No.1, the COUNTY will compensate the ENGINEER on a lump sum basis or Time-and-Materials, Not-To-Exceed basis, as described within each Task. Based on Planning and Management, McKim and Creed estimates 1801 Man-hours to complete the Tasks as outlined herein. Our fees (lump sum and Time & Materials) are summarized as follows: Task 1- System Evaluation and Architecture Design (LS) Task 2 - Preliminary Design (LS) Task 3 - Final Design (LS) DESIGN TOTAL $ 38,284 $ 36,031 $ 6,295 $ 80,610 Task 4 - Bidding Services (f&M - NTE) SUBTOTAL $ 9,845 $ 90,455 Task 5 - Services during Construction (LS) Task 6 - Contingency Allowance (f &M - NTE) TOTAL $ 91,939 $ 16,660 $199,054 Invoices shall include a brief description of work performed during the billing period, the equipment/software provided, the percent complete and the amount due. As previously described, Compensation to the ENGINEER for performance of Time-and-Material Services as well as the specific services to be performed and time of completion shall be approved by the COUNTY's Project Manager in writing in advance of performance of said Additional Services. We appreciate the opportunity to work with Collier County and provide an improved system for control and monitoring of your reclaimed water system. Please let me know if you have any questions or require more irúormation. Sincerely, McKim & Creed, P A Byron Conner Project Manager March 28, 2005 Page 10 A. Street Lee, PE Byron Conner Dan Cote, PE Mike TweedeL PE Eric Brown Nicole Morris Gene Robinson, EI Jeane Potter Philip Burton Tim Grigsby Travis Dunkerley Dwight Minor Project Delivery Team Hourly Rate Schedule $ 150 Principal $146 Sr. Project Manager $ 115 Sr. Instrumentation and Controls Engineer $ 115 Sr. Instrumentation and Controls Engineer $ 85 Instrumentation and Controls Design Tech $ 85 Instrumentation and Controls Design Tech $ 105 Instrumentation and Controls Engineer $ 55 Admin Assistant $ 85 Information Technology Engineer $ 85 Information Network Engineer $ 60 Design Technician $ 60 Design Technician Reimbursement for expenses shall be per the Florida State Statutes. Agenda Item No. 16C21 April 12, 2005 Page 13 of 14 Agenda Item No. 16C21 April 12, 2005 Page 14 of 14 EVENT Cost I Land Acquisition $0 i ì Land Use Zonin $0 i i I Design/Permit $95,000 ~ Construction $405.000 (Estimated) Project Name: Inspection (Est.) i $50.000 T Project Total ,$550,000 Recommended Action: Recommendation to approve the Selection Committee's decision and award a Professional Services Agreement to McKim & Creed, P.A. for Design Engineering Services related to the Reuse System Telemetry/SCADA Wide Area Network, RFP 05-3789, in the amount of $199,054, Project 740332. Agenda Item No. 16C22 April 12, 2005 Page 1 of 12 .",,- EXECUTIVE SUMMARY Recommendation to approve an amendment of the South County Regional Water Treatment Plant 8 MGD Reverse Osmosis (SCRWTP) construction contract to extend the final project completion date from May 1,2005 until no later than August 1,2005. OBJECTIVE: To provide an adequate extension of construction time for a maximum of three months to allow for the completion of the final phase of the SCR WTP construction through an amendment to the original agreement with Wharton-Smith Inc. CONSIDERATIONS: On July 27, 2004 the Board of County Commissioners awarded a contract to Wharton-Smith Inc. (Contract 0 1-3194R) to complete construction of the 8 MGD RO Expansion of the SCRWTP. The provisions of this contract included the requirements for Wharton Smith to achieve substantial completion of this contract by December 31, 2004, and final completion by May 1, 2005. These dates, although included as contractual milestones, were established during contract negotiations in July 2004 and were based on the best understanding of the scope of the project at that time. It was further understood that as the project progressed and the number of variables were reduced by exposing previously unknown latent defects that the scope and schedule would be re-visited as necessary. As a result of outstanding teamwork between Wharton Smith and the County project delivery - team, Wharton Smith was able to achieve project substantial completion on December 7, 2004, providing the County with an additional 8 million gallon per day of consistent water supply, ahead of the previously established milestone date of December 31, 2004. With the completion of work necessary to achieve substantial completion, there came a better understanding of the magnitude of the previously unknown defects in the former contractor's work on the project that would ultimately require corrective actions by Wharton Smith in order to complete the project. Major examples of such items include: (1) The replacement of approximately 2/3 of the fiber optic control cable in the well field, (2) issues with the location, depth, material of backfill and potential integrity of the wellfield power supply cables, (3) issues related to the building fire alarm system and fire rating of various building walls, (4) repairs to well casings at two of the production wells and pump repairs at four other wells, (5) applying for and obtaining various permits for the construction of the standby power system including major reconstruction of the fuel conveying system, (6) replacement of the exterior stucco on the entire building, and (7) scores of repairs / rework to most of piping and mechanical systems installed by the previous contract. Final completion includes punch list items but not normally include warranty work. ".,,--... Although most, if not all, of the items of work in question are currently in some form of construction, the complete scope of services required to address many of these items was only recently fully understood and has been complicated by the fact that the completion of several of these items require the completion of one or more predecessor items. Thus, it is currently estimated that an extension of contract completion time a maximum of90 days or until August 1, 2005 will allow within this 90 days, sufficient time to complete the scope of work. Time < ~,.". ....,.,,,,-- "'~"._"'~""'''''''''''''-'''''''''-''"'~ Agenda Item No. 16C22 April 12, 2005 Page 2 of 12 extensions will be granted in increments of time as established by the Director of Public Utilities Engineering. Although an extension of contract completion time is warranted, Wharton Smith has advised that no addition to the previously authorized project-funding amount is currently anticipated to be required. FISCAL IMPACT: There is no fiscal impact by this action as no additional funding is required. It is anticipated that construction and engineering costs are within the present project budget. This Executive Summary has been reviewed by the Purchasing Department and the Clerk's Office. The Office of the County Attorney has reviewed this Executive Summary and has approved the attached Contract Amendment for form and legal sufficiency. GROWTH IMPACT: The project is needed to meet future potable water demands. The project is part of the 2003 Water Master Plan Update adopted by the Board on May 25,2004 as Agenda Item 10 D. RECOMMENDATION: That the Board of County Commissioners take the following actions regarding the completion of the 8 MGD RO Expansion Project at the SCRWTP, subject to the terms described here. I. Approve this Executive Summary granting extension of construction time for project completion date from May I, 2005 until no later than August I, 2005. 2. Authorize the Purchasing Director to execute Contract Amendment No.2, to revise the contract completion date for this contract from May 1,2005 until no later than August I, 2005, subject to the terms described herein. PREPARED BY: Roy B. Anderson, P.E., Director, Public Utilities - Engineering Agenda Hem No. 1ÛC22 April 12, 2005 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16C~21 e- Item Summ.ry Meeting Date Recornmp.t;dalior, to approve êln ;amendf!I~,.,t ,)t the S(luth COUflty (.(egionaJ W.¡¡fer Treatment .)1;¡nt a MGD Reveme Of¡ITICII>Ii; (SCRWrp) üonst/lll)ti1)!'I CClritracl to e<tend the final pmJ~c! c.ompletion date fronl May 1. 2005 untjl no lat~r than Augusl1, 2005 4/12/2005900.00 !\M Prepared By Date Roy8. AnQÐmOn, P.E. Public Utilities Englnl!flrtng Dirt!C1or 3J211f¿006 4:2t:48 PM }uþUe Utllllle!i. Public:; UUliöeYt Engineering Approved By Thomas Wjdcs Operations Dlrec!or Date PuDllc Utlllties PUbhc Utilities Opeto1tiot'u; 3129J2005 11 :01 AM Approved By Paul Pohttaulich W.ater Dire:ctN Date PublIc lJ~I¡Iit!! . WlIl1f!r 3129/21105 1 :42 PM Approved By Lyn Wood Þurc~la5in9 Agent Dafe Admll1ls.tr;II!\,IO: Servlcf!1i PurchU.'$.jÞg 3!Jl'Jl1005 8;11 AM Approved By StlW~ Camel! Purchn ny/GeneJal Svc~ Director Dute Admlnllitlêlth'if! Sfir<J!tp.s PlJrch.,~ing :!I)( {2005 11:19 AM Approved By Jarne-li w. OaLol~y Public UtIIlUI!$ Ad"lIn¡:¡tl'atQI Dale J.}ublic UfUlI¡e~ Public utllm~!; AdmInistration 3.rJ1J2IJD5 3:50 PM Approved By Sll.'HIn U!ih(!r Senior Manngam(!nt/Budget AnülY$t D.lte County Ma.nager's Orn.:e Office Of Management... 8udget .4'4¡2[)0512:3JPM Approved 8y OMS Coordinator Adn1ini\ótr8t1'1e A$islstant Dale County Managl:'r"s Office Office of Mat13genu!nt 8. Budget 4!4/20D5 12:36 PM Approved By Mit.haol SmykoW$ki Manü\,!l!'ment & Budget Director Oilta County Manage," omce omce or M;IInagemt!Nt & But/gel 4/5/2005 8:38 AM Appro,,'ed By Jame$i V. Mudd County M':In.1ger Date BDard or Count,. COlTlmi!òslonW's CQunty MaruJluer's Offl(; !: 4/£/20058:.49 AM Agenda Item No. 16C22 April 12, 2005 Page 4 of 12 Amendment No.2 to Contract # 01-3194R "Completion of the SCRWTP 8 MGD RO Expansion" This amendment, dated April 1, 2005 to the referenced agreement shall be by and between the parties to the original Agreement, Wharton-Smith Inc. (to be referred to as "Con1ractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3194R "Completion of the SCRWfP 8 MOD RO Expansion" Whereas the Contractor has agreed to perfonn the Work in three phases as set forth under the agreement of July 27, 2004; and Whereas, Section 2 of the agreement states "Nevertheless, the Contractor shall not be responsible for completing Work pursuant to the established cost and time schedules set forth in the agreement in instances where latent defects, unsatisfactory or incomplete Work caused or perfonned by the Predecessor are encountered during the prosecution of the Work that were not identified as incomplete Work or Work to be corrected by Wharton- Smith, Metcalf & Eddy or Owner, discovered or observed by the Con1ractor prior to conunencement of that phase of Work." and; Whereas, Section 2 of the agreement further states that "When any such unidentified latent defects or unsatisfactory or incomplete Work of the predecessor is discovered, the Contractor and Owner shall work together to detennine the impact on the Work and the time and cost schedules of the applicable Phase(s)," As the result of the occurrence of numerous items of unidentified latent defects or unsatisfactory or incomplete Work, as swnmarized in Wharton Smith correspondence to the County dated February 24 and March 17,2005 respectively, both the Contractor and the County agree that in order to provide adequate con1ract time to allow for the completion of these items of Work that a three (3) month extension to the date of Final Contract Completion is warranted. This document amends the original Contract and that the Contractor now agrees to complete said services within a maximum of 90 days on or before the revised Final Contract Completion date of August I, 2005. Time Extensions will be granted in increments of time as established by the Director of Public Utilities Engineering, but will not extend beyond August I, 2005 for any reason. All other tenns and conditions of the original July 27, 2004 agreement, including the modification dated September 28, 2004, remain unchanged and in full force and effect IN WITNESS WHEREOF, the Contractor and the COlUlty have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONTRACTOR ATTEST: Wharton-Smith, Inc. Corporate SecretarytWitness By: By: Christopher Myer Dated: Title: Regional Manager Dated: CORPORATE SEAL Approved as to fonn and legal sufficiency: OWNER: BOARD OF COUNTY COMMISSIONERS COLLŒR COUNTY, FLORIDA By: Michael W. Pettit Chief Assistant County Attorney Steve Carnell, Director, Purchasing Department NLC"JN ,...QI g :: "\/0 . ÑLC"J 0"- Q) Z'Ef5> E a.. a.. :ê« ro -0 c Q) OJ « ,,- a· ,," ." .., p, <,' ",~."o;, .' .... ,.. , .. Õt") ê! II' aN it ... .w.. ] .. õ- - - a· . . ."., ......... .... .... .. ." " ..... ...... U) at") - I""'" ~ a- IJ _ o à· .. : Ii z !. ....... .... .... . ., ....... .,,, 1i 81. à t") ~ 'õ' N à N , " ~ ~ ., ."" a. à- "i -I.. .. .... :t::= õ. I~ c. '"'' <H ".. '" ." .... . , .. ., IJ ~r: 8 N I~ f- 8- e , .. 4 ~ õ· ," . , - ...,,:. »! , .... - ~I at") ...~ c CT .2 SN 8N ~ U) > .. C II. õ- .: ca .. . c. õ· )C . ..... I W . .... .... . ." , . .... "".' », oS .. : c - õM CI " 2 .. ::E õN t- ea .. .Ii õ- .. a. ~ 0 8 8 8 8 U ~~ J 8 :; ; 0:: a a I i § g g (J .... CI~ ..: ,.: ¡; ... ! tI) ... PI ... ... êÞ c CD " 'i c E 0 ë ~ c a. :¡:; E III ! '= ca ~ '¡ .s c CD J z .. 0 a. 'S ...... u :e c c . - ~ f II a. 'I: 0 c E¡ u ...... ¡ ~I 0 ti ( ) ::) c ¡ I, .~ " " CD e 'ji .- a. CD ë' c c c g'U) :¡:; a. ~ 3 Q 8 IUS :::; a. IX c MAR-28-2005 MON 04:31 PM WS TAMPA OFFICE FAX NO. 813 288 0311 p, 0'2 Agenda Item No. 16C22 April 12, 2005 Page 6 of 12 ~ CONSTRUCTION GROUP WhartOD...smith. Inc. March 17, 2005 Mr. George C. Papaioannou, P.E. Metcalf and Eddy 3851 Utilities Drive Naples, FL 34116 Re: South Collier WTP 8 MGO RO Expansion Time extension Mr.Papaioannou. Asa follow up to on site discussions and formal meetings Wharton-Smith, Ine is requesting a time extension on the above referenced project. We are requesting an extension from May 1, 2005 to Äugust 1, 2005. We are requesting the extension for reasons stated below: During the negotiating process in the summer of 2004 ttwas mutua'ly agreed that May 1. 2005 was an arbitra'Y date set on a high number of variables. and that after the New Year the remaining scope of work and discovered latent defects would need to be considered in determining a more realistio oompletion date. Weir FIeld Investigation and Remedial Work - The initial investigation work for CANS 00060. 00060A, 00063, and 00064 was initiated on September 20, 2004 to determine the depth of cover on the fiber optic and well field power line. The investigation to detennine the depth of bury of the aforementioned lines exposed a wide variety of other serious issues including but not limited to placement of power and fiber cable outside the cover of the protective caps and easement, several gouged lines, improper fill. and suspect integrity problems. From the initial CANS several additional investigations spawned including PE soil analysis. PS documentation, multiple HiPot testing, and additional high voltage testing that is scheduled for April 2. 2005. Fire Alann and Fire. Wan inspection Issues - The fire marshal was called for a temporary certificate of occupancy clearance, a host of i$es that were unforeseen developed ¡nduding one· hour walt rating, fusible Une louvers, inc:orrectsubmission of 4912 W. LaSalle Street, Tampa, F133607-3810 Phone: 813/288-0068 Fu: 813/288-0371 CGC032669 PC C04838S CU COS6S06 ftAR-28-2005 MaN 04:32 PM WS TAMPA OFFICE FAX NO. 813 288 0371 P. 03 Agenda Item No. 16C22 April 12, 2005 Page 7 of 12 shop drawings from the preWous contnifctQr mquired a resc.tbmittalfurther de4aytng the still to bel*formed final inspection. Well Number 7 and Well Number 11C8siog Leak - Both wells have develQped casing leaka which were discovered late in the,projeçt requiring extensive investigative services. It was impossible for the Owner to turn both .weUs over to the Contractor for remedial work and ~te .,.,. plant with" comfortable mar;;n of safety. We wee directed toperfonn work on one well at a time, and are currently c'earirtg well number seven forserviœ with the intøntion to $tSrtinV8stigatiw \WJrk on weft number eleven the following day. The extent of the J1tmecual work is stil1 unknown. AncH1ary Site Work - The . building painting. site a.phalt. and landscapìnQ can not commence untfltM stucco removal and replacement has been completed. This work is on going. and should near OOmpletionfrom mid to late May. Diesel Fuel Storage and Generator Permit - The previous contractor neglected to obtain thèrequired permits... Upon applyingand.obtaining the permits. several issues wer. discovered. The instaJfed contaJnment piping w¡u never $ubmJtted, we were dÍAMJt8d to remove andre insta" a separate fuet conveying. system. anti siphoning valVes, system retest, etc. The above are major issues which were disOOV8red in the recent months with brief explanations. Additionally. through out thlsProj8Ct we have encoumerednamerous investigatJonsthat could not have been. identified prior to the start of this project. They areas follows: HVAC flnalinspection issues. Plumbing final inspection issues, halar piping changes,multtplepl'Oduction wefl saftinQs, well 1 0 pump remøval., weir 3 casing verificaUon. well 12 investigation. well 11 investigation, well 13 fnvel_aticn. bacteriolQQècal clearance of Degas lines (divers to video and clean line). flow meter on injection well one. flow meter on Injection weIJtwo. thirtystx inçhfine leak at pigging station, entire reworidng of record drawtngs (prevloua contractor were lnaccuratel,surgé valve investigation and repair, · repair1S"col1Qtntrate line,generatDr COOling water line. North roof drain was not connected prior tøpaving, duct bankexœvation. rewort stainles.s piping in RO buikf'nQ. clean in place line testing (results snd leaks)drain lines in ctean in pIøce(ines, disinfection of aNegedly Cleared process lines. investigation and replac:ementof the one inch air ftne. welf checkvafVe repair. repair check valves at transfer pump station. in plant liftltation temporary pump}ng. refabñcation of chemiçal room handrails.. repair of all future pump cans, plumbing lift station for the break room, clean in place mixer fmpeller,.additianal ammonlator. acousticalceHing tile replacement. knife gate valve replacement at degas towers. blend tank recoating. corrosion Inhibitor .nk cleaning. 4912 W. LaS.ue Stnot, .Tampa, PI 33601-3810 Phone: 8131288-0068 Fax:8131288-0371 CGC032669 PC C04838Sct] COs6SQ6 ...----... MAR-28-2005 MON 04:32 PM US TAMPA OFFICE FAX NO. 813 288 0371 P. 04 Agenda Item No. 16C22 April 12, 2005 Page 8 of 12 In reviewing theaboYe referenced. it is nothing short of miracle that we (Metcalfe and Eddy, Malcolm PimÎe, and WhaJ1on..Smith,Jnc) have p~tbè projecUO this point. and managed to produce water almost one month early. The date of August 1, 2006 is our best assumption based on the infonnation at hand, and the actual duration witt only be quantifiable at the end of the project. Should you have any questions or require additional information.· please feel free to call. Slt1œrely. ~ John S. French Senior Project Man,gar 00: Roy Anderson, P .E., Director of Engineering MP: Thomas C. Roadman File Engineer Con8spondenœ 4912W. LaSalle Street. Tampa. F133607-3810 Phone; 813/288-0068 Fax: 813n88-0371 CO C032669 PC C04838S CU COS6S06 Agenda Item No. 16C22 April 12, 2005 Page 9 of 12 - ~ MALCOLM PIRNIE, INC. INDEPENDENT ENVIRONMENTAL ENGINEERS. SCIENTISTS & OONSULTJ\NTS March 28, 2005 Roy Anderson, P.E., Engineering Director Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Reference: South County Regional Water Treatment Plant Expansion Dear Mr. Anderson: Malcolm Pirnie has reviewed Contract Amendment # 0 1-3194R, "Completion of the SCRWTP 8 MGD RO Expansion" between Collier County and Wharton Smith, Inc. This amendment is for a maximum three month time extension without increase in the contract amount. The amendment grants the Engineering Director the authority to authorize increments of time extension up to the maximum three months. It is our opinion that this protocol will allow sufficient time and incentive to keep the project moving at a satisfactory pace, and allow flexibility to deal with most of the remaining issues and uncertainties related to materials and workmanship provided by the original General Contractor. It is our opinion that the time extension incorporated in said amendment is fa.ir and reasonable to both Collier County and Wharton Smith, Inc. Malcolm Pirnie recommends that the Board of County Commissioners approve the amendment. Very truly yours, Malcolm Pirnie, Inc. "2 ní 1 /' ( .............. ---..... Robert H. French., P.E. Associate .- 4315 METRO PARI<WAY SUITE 520 FORT MYERS. Fl33g16 23g-332-1300 tax 2:J9-332-17f39 http //'-'/N/\h.pj(r 1E":.(:()fT¡ fir:V:":îrL::' f':,~,'¡-_~; .._---~ Agenda Item No. 16C22 April 12, 2005 Page 10 of 12 .~. Metcalf & Eddy Man::h 2S, 200S Socdh Collier Ccunty Public Utilities BaøïnccriD8 Dept. 3301 E. Tamiaaai Trai~ Bldg. H Naples. fL 34112 ^,'.Ijfj¡,.; ;\dll,.... ,. r} Hlt\ ".", ~:.r. N..pf......" ¡1!lr. Sh(tJ.~\n~ ;\fl. ip·...., 1"'\1 Uli'I1t.".l)¡ \I' N"!,I.·,, , ',II : ft.-': .! t't. : -C;~ " it. r."",: .! ~I.'- t.l:~ ~ ~':.I J!("(tfRtl.I),t,.,II'\,111111"1';IIUol'.t(11J1 Roy Aøðrnob, P .E. South CoUier W1'P '·MGD 1.0 ~ÌI'IQ Wldrtoa-SaaitIa COIItract £J.tasioQ Dear Mr. Mr. Aaderson: AUD: \'V\V\\'.fll·t·~ 'JUI Subject: ~the ~ Wba.rtœ..smi1h lcUer of 2/24/0', (copy ptCYiously forwanIcd to you by W-S), 1ð:riJiøø.... as .. rt:sUIt ·of a dUmbec of ~W!~ ïssaa. 1br; resoIutiOl1 of wbich are bcyoDd 1beir ~ and dire<:t e0d:r0l,tbc fiDal comp1etioa dta1c wíU e:xr.ead beyood chc œm:nt coøtractuaI completion ... ofM'ay t. 2005. Mesc.If &: Eddy bas ~,Heð tJús IIIìtbr ja"l with WJørtaa-S1Dirh's IN~ 1I:aQt. As a n:suIt of dús discussicla, we are of 1he cpiDiœ ... batccI CIa ..... ÌDfiXIIIIIÌOD, WbanoD-Smith bas plœeaÞ::4 aa·at:QJf1IIIC auessmc:at. of both dJe·cummdy Jmowa~1 clclay.l1I well as a rasoaable timc.nœ for1heit 1ICtUII. completion. WeaIso øote..... mQIt, if not ..11 oftbe items of9lOdc ÎD c¡w=stion,an: aamatly in SO(ne form of ~_compIa:c scope ofscniøer ......to .sdress taaQY oftløo itaas was only RlCCldiy &IJy~1IIêI is comp1iatal by 1110 fAct_ tbe oampldiœ t:4 several of these items t()qUÙC tbc eoeap1rJioÞ. of ODC or more ~ tor""', It it tLiadbe ~ -t. Eddy's opi.aiœ that a 90 day extcaSiœ of COIIIrICt œmpletioo 1ime, to Mpst 1, 200S ..vouId be ~c to allow WhattoD-Smith .,- time toCOlllpkllc tbe·1COpC oftllOt'k aoeeaary coadclrea·tbc:se Øds ofwork. We .fbx1her$UlSCSt 1bIt the time ~ be gr8ID4 in .ÙI.CftIIDCIdS <Jfti.mc to be ddenniDcc1 by ~.Of:IiCe. DOt to eocceed Au¡d I. 200S. Rest usmect tbatthc· m.cmbers of1be projoct deINcry tcIIID at bdb MeccIIf A Bdcty a:ad WbaItoD-Smìth UDdenwKt 1bc Couøty', Deed to briDI tms pmject to . ~1 _CimeIy c:ompldiort. As Sttch we t=uú.n commiIted to our cask of resøM.ag these aDd any oIher issues dial may arise iD a t.echaicat1y com:ct. OOS!~aad timely manor. 1f')OIIIunIe ..y quaboas. or betieve a -eeti"8 is MCeauy totÎl1'dllCl" diIçuss dais issue. pleue give me a œJ1. C. PapaiœaDou. '.E. etœff.l: Eddy Sìcc ~ Cc: fF, WPB, Nt ^"" ^ I f (''-.I) f ,"'It''''''' Afar-19-0! 17:02 F'OII"-CoII ¡If COllnty Purchai in, hI 732 01« T-~8en~J'MAA3No~~t22 April 12, 2005 Page 11 of 12 CONT:RACr ,IIODQICATJON CHECIGLISr:FOAII PRoacT NAIIE: COInpflllon afSCR1lØP8MGD'RO I!xDllNdoß PR«æCT #;.;.~ " IIIDIRFP-=~~. :2, ÀIIoUNT:oFTHIS'~":'_IWO~ PO'I:·4SOOO32015: . WOrlt'Ordw,1: coN'rRAcT .-oùtn':: ~,.:.__ CflAA&NT :S.,.-7~_ , , . .......... JIOIð) ,OItlCLUf.1lG'''*c::IWI8I! ORDER) &..MIICC,.ApprOWId,AmouId.$JJm.866 .. . .'. ,. ... ..... ' , . .' (LAST"I"Cn'&:MIT.RI!IiIMfIIHG.IICOAPÞAOV~ ....òf~8cC_~_;_JWM>4 ." ,.. . ',.......:_'Øl, ~ Da1Iar,."..... of· CIiMge ~ 11) .. CoritrMtIWork 0rcK $. .......... . '. , -."".~~ . PfIncen"iØf"~~"""currerttc:cmb_ amounLo % ~ {CUw"..,fAmOûñtlLUt8OCappmÝedamDµnt)-1 " '. , ' RestIt.s. and.Ac:tk.m$: .If11& '.,...' 8xceada·10~BCO .rOWtl is r.equhd;uDCfet 1·0% :rçorted.1Ò BCC {,)t\ Purchuing'teipOrl 'Fct.'~ informå'tior.r r~g work order 1hresbo1cb. please refer to the Contract Admini8lrallon Ptocedur9S, 'SectiontU.C.4. '. .',' , , . ~·~~tE,($),:(~RIÒI'~At:i_i~,,",~ ·~~1.·2Ó05·· $UMMAJlY OFDOPÞSED: CIWfGB (S): Jdlm1ifythc ~ IDc;tU.se fimJ COQ1'tICt coiopkUcm timt b)' 9~ca~·da,s. NCwœøtntct~·~daä,~1.2O()S , , ': ....,.~, 1 JØSJlACA"fIor.tFOR'OMANGE(S}: What wluøor ..... do I.t1eIe ....piovfde 10 thepreject? In accordanoe with the .~.ofccmtractsdon.2 regard1ng,the diacovery ofumdøntJfied latent defects or uosatisfaclo,y or ~. WQdc.,bOththeContractor arid 1he County have øgnMJefChat u a ·resuft Of StJCh discovety.~øuW'1ed1n Whartonsmïtb~ to the.~my; dated Februãry24 Bt1d_rèh 17.2005 r8. ca"'''*'MitoP«,9~'~darââvå (~nå1 cantmotcompteUOn only) fswarrantød1O:aIowfor theimfusiOn of1hêae items of work into ·f1e.·oontnaCt;, . . PAR11E!s'CONTACtEÐ RE<:Wu»NG11Œ CftA1tG~. G8J0rØêPJltNl\~môU; -.,,¡E81MI;'JQþn -Fr.étiçh~ W-$ ~ENTA11Ofhu~S1YèrKJ""""'pro~. ._.... d1ianga....ag,Y.Nor MfA) _ Y.;.. Propoeed éhaugë ...Oonsistw.1t··wfIh·... 8COpe Of 1I1e ~ agœ.m8rit. '..: '-Y_~change~1n,faot~~~,deIeJtiØQ~tbe~~. " , _Y 'Qaange rs bIÑf1Q m~l8IÞdifâ ".,....oonai... wIItJ'_ ~.~ <' _y_"tI1e·....,........beeft ooaauI!Idregeftlng:the <hinge" . .' '- y- Proposed prioes, _and otMCs -'~ln1he eh8nge 1U1t:~ PROJECT ~~~N:TNà form.. tòbe......and diIIIIcI. ~~~~- . . . . Da!e;"IIJ-1}.~· . ~ev-~.·W~ Da!e; qI~ßS" R.evisc:d 1.1J23i(N .... ...... 'r·' ,. ;,.. _.A --.------ Uar-28-05 11:02 ¡t-' i41 m 0'44 'ro.-Co/li.r County PUrChi¡ìn, Date: 3129105 To SICV~: E-Mailcd To Bonnie: Prqjecr Name: SCRWIP 8MGD RO Expansion Project NWDber: 70054 BIDIRfP #: 0J.3194R Mod #: 2 P<:Wr. Woxk Otdet ND.D.1bcr: CODtnCtDrICoDs1Jltant: Whanon Smith Inc. Origmal Coutl1lCt Amount: $---3.000.000.00 (St1ŒtÏD8 Point) CutmI.t Cont:raCt Amouut $_7.678.866.00 (AD c:haøps prior ro rbis modificlllÏoa) Un SÇC Approved Amount $_7.678.866.00 (L4st Tom] &nQunt Requiring Bee ApprOval) Amount of This 0\aAJe: S .0- Revised COD1I'&Ct AmOg1lt: $ 7,678,866.00 (Including this Cbanse <mb) CIUDI11atiYl:' Dollar Valli; of Cha.II&e OrtJ«$r.o Ibis CoazraalWart Order: $_4.671.866.00 1-7i5 P.002/00~ F-901 Agenda ]tem No. 16C22 ~ April 12, 2005 ¡ Page 12 of 12 I I ¡ Percefltage lncrease/DCCrease: 0% Ov~w of change: This amendment increases 1M time Coe tiaal CQIIIplction by 90 ca!eødar days. from May 1. Z005 to AngU$t 1, 2005. duero latent ðefec:ts UDs1\Ósfaçrory or incompl~e work. ConI<a<tS,,-,' ~ h'1 Y¿J~ ~ Steve's AcbowltJdpment.: e Date: ..J.J1..ll..g,s- Scarmoo. Dare.: Data Entry Information: I Type ofOl1ange: Contract Project Mana¡cr. Roy Anderson Dcplt.11meØt: PUED SC41'mt1d copw at the ba£k up documenrañon may be Wcozl!d 011 the l'urchasmg G drive: G:/Currcnt-Changu tø CoßtraCl$ 0:1 Currenr- Changu to Work Orrkrs Agenda Item No. 16C23 April 12, 2005 Page 1 of 29 EXECUTIVE SUMMARY Recommendation to approve the after-the-fact submittal of an Alternative Water Supply Grant Application to the South Florida Water Management District for the Collier County Manatee Road Aquifer Storage and Recovery Expansion project in the amount of $1,739,747, Project 70157 OBJECTIVE: To receive after-the-fact approval trom the Board of County Commissioners (BCe) to submit an Alternative Water Supply Grant Application to the South Florida Water Management District for the Collier County Manatee Road Aquifer Storage and Recovery Expansion project in the amount of $1,739,747, Project 70157. The public purpose is to increase the reliability of Collier County's water supply system to ensure the ability to meet the peak water demands of our water customers. CONSIDERATIONS: On March 30, 2005, the grant application was signed by the County Manager and submitted to the South Florida Water Management District. The application deadline was April 1, 2005 and the application was not prepared in time for Board of County Commissioners approval prior to this deadline. "'-'" This project is for the Manatee Road Aquifer Storage and Recovery Expansion project and will help fund the construction of a new 6-MG finished water pre-stressed concrete storage tank to be constructed at the Manatee Road pump station site to serve the expanded Aquifer Storage and Recovery (ASR) system and construction of a recirculation system, including associated pumps, piping, instrumentation and controls, and electrical supply. Public Utilities Engineering submitted the application requesting $1,739,747, which is one half of total project cost of $3,479,495. Grants for this program in the past have ranged from $100,000 to $300,000. Last year, Collier County received five grants totaling $750,000, including one that was for $450,000. Should the full grant request not be awarded, it will not affect the completion of the project. The purpose of this grant is to encourage the development of alternative sources of water to replace potable :&esh water. Projects must be completed within three years of execution of the agreement. Grant applications are typically reviewed and awarded in September of each year. Upon receipt of the grant award, staff will present the agreement to the Board for approval, subject to approval by the County Attorney's Office. FISCAL IMPACT: The total cost of this project is $3,479,495, with $1,739,747 requested for the grant and $1,739,747 as the local match. Funds for this project are included in the FY 05 capital budget approved by the Board of County Commissioners on September 23, 2004. Funds for this project are currently appropriated in the Water Capital Project Budget, Project 70157. The source of funds is Water Impact Fees, Fund 411. -""""" '.""'--...,.......,""."..,...,.."'. Agenda Item No. 16C23 April 12, 2005 Page 2 of 29 GROWTH MANAGEMENT IMPACT: The project is consistent with and furthers the Goals, Objectives and Policies of the Growth Management Plan and is consistent with the 2003 Water Master Plan approved by the Board on May 25, 2004. LEGAL CONSIDERATION: The draft agreement is included with the application; however, the final agreement will be presented to the Board of County Commissioners after award of the grant. This will occur at the end of 2005 or the beginning of 2006. In addition to standard agreement terms, including the three-year term, several changes have been made to the new agreements for this program, including: I) funds will not be used to pay for any design, permitting or research aspects of the project, 2) significant changes having to do with termination and breach of contract, 3) periodic audits may be performed to make sure grantees meet funding objectives, 4) delays due to difficulty in getting permits is not grounds to ask for more money from SFWMD and either party can terminate the agreement if permitting delays are significant enough, and 5) all publicity and media/outreach will be jointly planned by the project manager and the District and pre-approved by the District. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio of the Governing Board of the Collier County Water-Sewer District, approve the after-the-fact approval of an Alternative Water Supply Grant Application to the South Florida Water Management District for the Collier County Manatee Road Aquifer Storage and Recovery Expansion project. PREPARED BY: Roy B. Anderson, P.E., Director, Public Utilities Engineering Agenda Ilam NQ. 16C23 ""'1112.2005 Page 3 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISS!ONERS Item Number Item Summary 16C23 r.(eG()rnf11~J"!dali(!n !o appmvf.! the ¡¡ft~I··UH~··I~¡¡~t ~lJt)rt1ltt~ìI nf a" ,A,ltem,¡!tv~. W'iU~I' GllPply Gral11 Appiic),¡!:()n to tilt! SmIth Fk~r,da \f',¡afw M<!rIa¡ ernen! [JiEi!ric! 1m the Colllp-r Count)' Miuwtee R,1ad Aqu!f~r Stc¡r,¡¡g,,:: and RE!co....er.,· E>cp.1nslor: proj\,:ç\ in tile amount Qf $-1 ,7:-19, 747. Project 70:57 Meeting Date 4{1;2r20Ü5" on DO ,l.,M Approved By MiJriene J. FDOrd Grants Coordinator O.1tll' Adn~jn¡5tratl...e Services. Adminl¡¡traUve 5ðr\'lces AdrrÜn. 4'4/20059:2" AM Approved By Roy B. Andorson, P.E. P!Jb~k Utllltirr.'i Englnll'erlng Director Dale Public- UtìIi1~e50 I"'ubfjç UtJljtle£ Engh'II!:erino 4141200511 :39 AM Approved By Thomas. Wides. Opl?ratiOfls.l)irecror DatI? Pubtic Utilities PubHc Utilities Oper3t1orH¡ 414/2005 12: .. PM Approved B~' Jame~ W, DeLany ~>ublic Utilities. Admlni."U>lfor !:late PlIblíc UtlJili(1!¡. Pub ¡(: lItIIltie.s Adn1ìnistrtltion ..,.t.I2006 '12:.13 PM Approved By OMS Coonlln.atot Adrnln!!Strativf! A!i!öl~tallt Dolle Count)' Milnngp.t'1< OtnC!! Officf> of Mat1ag~m4nt & Budgnt ".15/20057:39 AM Approvcd By SU$êtn Usher Senior M>lIUIYl!ttu!nflBuuget AnRly:¡;t Date County Ma.~ager·s I.)mc~ orne£: of Managemeot & Budgl!!t -4/512005 [:1:38 AM Approved B)-' M¡r.h.:¡~¡ Srnykow!tki ManõlgnrnMI to aud~Bt Dltnc or D;¡le County Managef'So Office OffIce of Man..gem~nt & BUdget 4/51201.15 10:36 AM Approved By J.1m05 V. Mudd CQunty Mñnager D<1tl! Boald 01 COUI\ty -4J5J2IJ05lt52 PM Commh.:jjoner!> County Manager's. Office ~·''''·_4____,",,~~",,· ~ Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlenefoord~colliere:ov .net (239) 774-8971 (239) 774-8720 (fax) Agenda Item No. 16C23 April 12, 2005 Page 4 of 29 TO: Jim Mudd, County Manager FROM: Leo Oebs, Deputy County Manager Len Price, Administrative Services Administrator Artie Bay, Senior Administrative Assistant, PUED Marlene Foor~ts Coordinator Applications Reviewed and Approved by County M , or designee for submittal: CC: DATE: March 29, 2005 Coun~ M¡¡nager ,9/3 ( /ø='(date) After-the-Fact Approval by the BCC is required at the April 12. 2005 BCC meeting. SUBJECT: County Manager Approval of Public Utilities Applications to South Florida Water Management District for the Alternative Water Supply Funding Program Grant applications for the Alternative Water Supply funding program are due April I, 2005. The applications were not prepared by Public Utilities Engineering in time to ask the Board of County Commissioners to approve the submittal. Therefore, your approval is requested by that department and after-the fact approval by the BCC will be requested at the April 12, 2005 meeting. Artie Bay and Roy Anderson of the Public Utilities Division are responsible for ensuring that the applications are signed by you, submitted on time and submitted in time for the April 12, 2005 Board of County Commissioners meeting for after-the-fact approval. Three applications are being submitted: 1) Manatee Road Aquifer Storage and Recovery Expansion 2) Hawthorn Zone 1 RO Well Nos. 101 and 102 3) Hawthorn Zone 1 RO Well Nos. 114, 115, and 116 Your signature is required on the transmittal letter, the application page and the acknowledgement fonn, which also requires that your signature be notarized. Mary Beck of Administrative Services has offered to serve as notary for these pages. Once you have reviewed and signed all applications, please return a copy of this memo with your signature and date of signature in the box ahove. Please let me know if you have any questions. l( 7jC) 1-( D l eß·5¿ c~ ('Itl!... 1 oé ¡¿. vJ~V'- í{:~- ~kJ Draft applications are attached. Agenda Item No. 16C23 April 12, 2005 COLLIER COUNTY MANAGER'S OFFIæsof29 ~~,,,,,-, 3301 East Tamiami Trail· Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 April 1, 2005 South Florida Water Management District Procurement Division, B-1 Building, 2nd Floor 3301 Gun Club Road West Palm Beach, FL 33406 ATTN: Alternative Water Supply Funding Program Application FY 2006 RE: Collier County Manatee Road Aquifer Storage and Recovery Expansion Dear Chairperson and Board Members: Collier County respectfully submits the enclosed proposal for funding the construction of a new 6-MG finished water prestressed concrete storage tank to be constructed at the Manatee Road pump station site to serve the expanded Aquifer Storage and Recovery (ASR) system and construction of a recirculation system (with associated pumps), piping, instrumentation and controls, and electrical supply. The ASR project will enable the South Florida Water Management District to further its mission of enhancing the existing water supply and contributing toward long-term reliability. Collier County currently operates a single well potable ASR system at their Manatee Road re-pump and storage facility. The existing ASR system consists of one ASR well equipped with a vertical turbine pump, wellhead equipment and a re- chlorination system for the recovered water. In addition, there are five monitor wells at the site tapping various aquifer units that are used for water level and water quality measurement. A total of four new potable ASR wells are expected to increase the County's ability to store treated water from 1 million gallons per day (MGD) to approximately 5 MGD. Collier County will build and construct four new ASR wells funded by the District's Alternative Water Supply Funding Program in Fiscal Year 2006. The new wells will improve Collier County's water system reliability and capacity by allowing the County to store millions of gallons of excess water, which is available in the wet season, in a brackish water aquifer until it is needed. The current one well ASR system uses a previously constructed 2-MG above ground storage tank for the storage and blending of water recovered from the ASR system. The existing tank capacity is inadequate to meet the blending and storage requirements for the expanded ASR system. A new 6-MG finished water prestressed concrete storage tank has been designed and will be constructed at the Manatee Road pump station site to serve the expanded ASR system. The Need for the Proiect: Collier County is located within the South Florida Water Management District's (SFWMD) Water Resource Caution Area and the Big Cypress Basin. The County has experienced and is anticipated to have potable water supply c I) ~. 1'Tè'f'\ "---- (,I , c ) u ., t ~y - ,=---.......,.~~. Agenda Item No. 16C23 April 12, 2005 Page 6 of 29 problems in the next 20 years. This project will help alleviate some of these water supply problems by providing additional storage of treated water for use in emergencies, or when demand exceeds supply at the County's water treabnent facilities. Target Audience: The project will provide benefit to the citizens of Collier County through the additional storage of treated water at the County's Manatee Road site. The storage and later use of this recovered water will result in the conservation of potable water resources in Collier County. Primary Strategies for Implementation: The scope of work for this project includes two major tasks, which are listed below: Task 1: Construction of a 6-MG finished water prestressed concrete storage tank at the Manatee Road pump station site and recirculation system (with associated pumps), piping, instrumentation and controls, and electrical supply. Task 2: Operational and start-up services. A more detailed description of these tasks is included in the attached "Statement of Work." Evaluation of the Short and Long-term Benefits of the Project: The existing single-well potable ASR system was completed in 1999. By the year 2001, the system boasted an annual recovery rate of more than 100 percent. This ASR program will ultimately increase the ASR system from 1 MGD to 5 MGD. Long-term benefits will include a reduction in the use of potable water resources, reduced well field stress during the dry season, and a reduced threat of saltwater intrusion. The ASR expansion will provide a means to meet the potable water demand of customers with increased capacity and reliability and will support local and regional water management strategies. Proposed Proiect Management Plan: Mr. Roy B. Anderson, P.E., Public Utilities Engineering Director at (239) 530-5336 will serve as Program Director for this project and Mr. Peter Schalt, PMP, at (239) 530-5343 will serve as Senior Project Manager. Following execution of the agreement between the SFWMD and Collier County, a kick- off meeting will be held in which the County will update the District on the project's status and establish a schedule of project payments to be submitted to the District. The project has been subdivided into two work tasks to assist in the overall management of the project. These work tasks and a project schedule are discussed in the "Statement of Work" section of this application. Monthly progress reports will be prepared by the County which will describe: 1) the work completed during the past month, 2) activities anticipated to be completed during the upcoming month, 3) the status of the project budget, and 4) any anticipated needs to revise the schedule and/ or budget. Collier Countv Authorized Representatives: The following people are authorized to make representations regarding this project on behalf of Collier County: C .) l~~ (I t C ì) .. 11 ,Y ........... Agenda Item No. 16C23 April 12, 2005 Page 7 of 29 - NAME: TITLE: AGENCY: ADDRESS: James V. Mudd, P.E. County Manager Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 774-8383 (239) 774-4010 J amesMudd@colliergov.net PHONE: FAX: EMAIL: NAME: TITLE: AGENCY: ADDRESS: James W. Delony, P.E. Public Utilities Administrator Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 732-2540 (239) 732-2526 JimDelony@colliergov.net PHONE: FAX: EMAIL: NAME: TITLE: AGENCY: ADDRESS: Peter Schalt, PMP Senior Project Manager Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 530-5343 (239) 530-5378 PeterSchalt©colliergov.net PHONE: FAX: EMAIL: As an authorized representative of Collier County, I declare that this Alternative Water Supply Funding Program Application was prepared without collusion with any other person or entity submitting an application pursuant to the Funding Program. Collier County looks forward to working with the District on the next phase of the Manatee Road ASR expansion project to construct the 6 MG storage tank. Sincerely, James V. Mudd, P.E. County Manager c () l~ ð .. C »H --- n t ," ........ Agenda Item No. 16C23 April 12, 2005 Page 8 of 29 APPLlCA TION SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005-2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM APPLICATION FORM Application No: A WS - 06 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Alternative Water Supply Funding Program Guidelines and Application, and certifies that all of the information contained within this application and subsequent Exhibits! Attachments are true and correct to the best of their knowledge. Applicant's Legal Name: Applicant's Address: Collier County Water-Sewer District 3301 Tamiami Trail E. Bldg. H, 3rd Floor Naples, Florida 34112 (State Div./Dept. if applicable) Project Title: Manatee Road Potable Aquifer Storage and Recovery (ASR) System Expansion Funding Amount Requested: $1,739,747 Description: Expansion of the Manatee Road ASR system; includes construction of 6-MG storage tank and recirculation system (with associated pumps), piping, instrumentation and controls, and electrical supply. County in which Project will be Built: Collier County Type of Organization: County Government Date ofIncorporation: State ofIncorporation: Federal ID No.: 21-07-019995-53C Has your organization ever received funding under the Alternative Water Supply Program? Yes . No 0 Year last received: 2004-2005 Amount of Funding Received: $ 750 ,000 Is the Project(s) Still Ongoing? Yes. NoD District's Contract Number(s): _00050234-D0050238_ Expected Completion Oate(s): _3-13-08 Current Status of the Project(s):_AIl projects within schedule Signature: Telephone Area Code !Number: (239) 774-8383 Fax Number: (239) 774-4010 Authorized Person's Name: James V. Mudd, P.E. Must be signed by entity Title: County Manager Agenda Item No. 16C23 April 12, 2005 Page 9 of 29 Statement of Work Introduction Collier County is requesting funding to expand its Aquifer Storage and Recovery (ASR) system. The ASR system serves several purposes: 1) it enhances the existing public water supply, 2) protects sensitive freshwater sources during critical dry months, 3) has allowed the County to delay costly treatment facility expansions, 4) and contributes to ihe long-term reliability of ihe County's public water system Background Rapid growth and a high dry-season demand for potable and non-potable water have stressed Collier County's sensitive freshwater aquifers. In 1999, Collier County finished construction of its first ASR well system at ihe Manatee Road site to help meet ihe County's water supply needs. The 1 million gallon per day (MGD) system works by pumping potable water from the water treatment plant during periods of low demand into ihe Hawthorn Aquifer Zone II, which is located between 465 and 525 feet below land surface at ihe site. This brackish aquifer serves as underground storage for the potable water. ASR is increasingly being recognized as an effective tool for managing water resources in Sou th Florida. ASR technology works by storing potable water in an underground aquifer during times when excess water is available. The treated, potable water displaces the brackish, native water and forms a "bubble" of stored water in the aquifer. Then, at times when demand exceeds the plant's capacity, the potable water is recovered from the aquifer, disinfected, and used to meet residential and commercial customer needs. The storage of water in an aquifer below ground has a number of advantages over conventional storage meihods. When utilizing ASR, storage space is available at a relatively low cost, project locations can be selected where convenient, subject to favorable hydrogeologic conditions, evaporative losses are minimized, and underground storage helps to provide protection from contamination. The success of the Manatee Road ASR system was proven under emergency conditions caused by a drought in Collier County in 2001. Collier County was able to successfully meet its water resource needs during this critical time by withdrawing water from ihe Manatee Road ASR system at an annual recovery rate greater than 100 percent. Collier County plans to expand the Manatee Road ASR system to further address water availability issues, reduce stress on area aquifers, and decrease the potential for saltwater intrusion into the County's freshwater aquifers. 2 Agenda Item No. 16C23 April 12, 2005 Page 10 of 29 Scope The existing Manatee Road ASR system consists of one ASR well equipped with a vertical turbine pump, wellhead equipment, and a re-chlorination system for the recovered water. Five monitor wells tapping various aquifers have also been installed. The monitor wells are used to collect water level and water quality data at the site. A total of four new potable ASR wells are expected to increase the County's ability to store treated water from 1 MGD to approximately 5 MGD. The four wells funded by the District's Alternative Water Supply Funding Program in Fiscal Years 2004 and 2005 will be constructed. The new wells will improve Collier County's water system reliability and capacity by allowing the County to store millions of gallons of excess water, which is available in the wet season, in a brackish water aquifer until it is needed. The current one well ASR system uses a previously constructed 2-MG above ground storage tank for the storage and blending of water recovered from the ASR system. The existing tank capacity is inadequate to meet the blending and storage requirements for the expanded ASR system. The purpose of this project is to construct a new 6-MG finished water prestressed concrete storage tank at the Manatee Road pump station site to serve the expanded ASR system. Project Justification Planning projections indicate that by the year 2005, maximum daily demands for water in Collier County will increase by almost 8 MGD to 39 MGD. This project provides an economical means for the County to capture a previously unused resource. By taking advantage of seasonal cycles, the ASR system will harness millions of gallons of freshwater and system capacity that would previously have been wasted. The water will be safely stored in a brackish aquifer until needed. This project will increase the availability of water at a time when it is most needed without stressing freshwater sources. It will also help Collier County meet the objectives of its Water Supply Master Plan. The existing ASR system proved itself during drought conditions in the year 2001 by managing an annual recovery rate of more than 100 percent. Expansion of this ASR system is essential to meeting the water demands of one of the fastest-growing areas in the country, and is an important element of long-term water management. Potential for Significant and Lasting Benefits Expansion of the ASR system will have significant and lasting benefits for Collier County. The project will . provide a means to meet the potable demands for current and future Collier County customers, . provide a means to conserve freshwater resources, 44 2 Agenda Item No. 16C23 April 12,2005 Page 11 of 29 - · minimize the threat of saltwater intrusion by reducing wellfield stress during the dry season, · reduce potential seasonal stress on wetland vegetation, · reduce the need for water system expansion, and · support regional water management strategies Work Breakdown Structure The success of the existing ASR facility has prompted the County to move forward with plans for expansion of the Manatee Road ASR system. Recommendations to consider ASR facilities are included as part of the County's 2001 Water Master Plan. Deseri ption of Proj eet Elements The project consists of two tasks: 1) construction of 6-MG finished water prestressed concrete storage tank and recirculation system (with associated pumping), piping, instrumentation and controls, and electrical supply and 2) operational and startup services. Construction of 6-MG Storage Tank and Ancillary Items The County, with the assistance of the Engineer, will obtain bids for the construction of the 6-MG above ground prestressed concrete storage tank, recirculation pumping system, piping, and associated electrical supply and instrumentation and controls. The scope of work will also include site preparation to provide a firm foundation for the tank. The Contractor will be responsible for providing all materials, equipment, and labor required to construct the above ground storage tank in accordance with the design drawings and specifications. Figure 1 shows the tank layout It is anticipated that the construction of the ASR and monitor wells will also be included in the Contract. Engineer will attend a pre-construction conference with representatives from the County and Contractor and review and process shop drawings, samples, schedules, certifications and other data, which the construction contractor is required to submit The review will be for confonnance with the design concept and compliance with the infonnation provided in the construction contract documents. The Engineer will provide part-time, on-site observation of construction activities by one or more representatives as authorized and approved by the County. The following activities by the Engineer are included in this task. 1. Conduct on-site observations of the work in progress by the Contractor to determine that the project is proceeding in accordance with the Contract Documents. 2. Ensure that tests are conducted as required and that Contractor maintains adequate records thereof. Also, observe record and report to the County test procedures and results. 3. Assist the County in serving as the liaison with the Contractor. 4. Make reviews to ascertain that the Contractor maintains up-to-date record drawings at the site. 44 3 ...""..."-_.~~._'" Agenda Item No. 16C23 April 12, 2005 Page 12 of 29 5. Assist monthly progress meetings with representatives from the Contractor and from the County. Operational and Startup Services Under this task, the Engineer will conduct a system checkout, including troubleshooting of equipment and instrumentation installed as part of the project. Engineer will provide on-site advice and troubleshooting throughout the start-up. Engineer will observe start-up and evaluate performance of the newly constructed storage facilities and recirculation system. Project Cost The cost for the construction of the 6-MG storage tank system and ancillary items (piping, recirculation system, instrumentation and controls and electrical supply) is estimated to be approximately $3,479,495. Estimated construction costs are based on historic unit prices and contractor estimates. A cost breakdown for the project is provided in the following table. Please note that the costs presented are conservative. Lower prices may be obtained for some items through competitive bidding. Collier County has budgeted funding for 100 percent of the project costs. A copy of the financial commitment from Collier County is included in the Funding Proposal section of this application. Construction Cost Estimates for the Manatee Road ASR Expansion Project Total Price Total 3 479 495 44 4 Agenda Item No. 16C23 April 12, 2005 Page 13 of 29 Location of the Project The ASR facility is located at the South County Manatee Road water transfer and storage site. The site, which is owned by Collier County and zoned for public utility use, occupies approximately 43 acres on the south side of Manatee Road. Water storage, re-pump, and re- chlorination facilities currently exist at the site, which make it especially conducive for this project A site layout map is included as Figure 2 and a project location map is included as Figure 3. Deliverable Schedule The following table provides a project schedule. Collier County plans to complete the construction phase of this project within 24 months from the date of execution of an agreement with the SFWMD. The request for support shall be applied only for the payment of capital or infrastructure costs for the construction of alternative water supply systems that provide alternative water supply. Completion of the project, including operational start-up and testing, is estimated to take 24 months. Task Number Task Description Start Date End Date 1 Cons1ruction February 1, 2006 March 31,2007 2 Operational Start-up April 1 , 2007 August 1, 2007 44 5 ------....^ r~~~!~ ge J44i)f S3 '" 0 OJ ¡¡:o=S w 0 W" ~~ Z .- <t ... ~.: Sot. [)Q.soto B~ 'C .è! CII /}. IC~_ -\ ~-~ -¡~llt .1- 'if 16~3a:: \II April 1 I 2 5f1):t: Page 1 of 9. III Dlaa:: -a::fI) u.. . W-a W It ~ 0 Za:: . \II :eS It c It :e ... o c o ;:; It U o .J Agenda Item No. 16C23 April 12, 2005 Page 16 of 29 Funding Proposal 1.0 Request for Funding This phase of the Manatee Road Aquifer Storage and Recovery (ASR) expansion project is estimated to cost $3,479,495. The amount requested from the South Florida Water Management District (SFWMD) is $1,739,747. The request for support shall be applied only for the payment of capital or infrastructure costs for the construction of alternative water supply systems that provide alternative water supply. The Manatee Road ASR expansion project is expected to increase the County's ability to store treated water from 1 million gallons per day (MGD) to approximately 5 MGD. Collier County plans to complete the construction phase of this project within 24 months from the date of execution of an agreement with the SFWMD. 20 Financial Commitment Collier County has budgeted funds for 100 percent of the project costs. A copy of the financial commibnent from Collier County is included. 3.0 Basis of Conshuction Costs Estimated construction costs have been prepared by COM based on historic unit prices and contractor estimates. A cost breakdown for the project is provided in the following table. Please note that the costs presented are conservative. Lower prices may be obtained for some items through competitive bidding. Construction Cost Estimates for the Manatee Road ASR Expansion Project Total Price Other Amount Total Budget documentation follows: 44 8 (FORM DI COLUER COUNTY FY 03-04 BUDGET CAPITAL IMPROVEMENT PROGRAM Agenda Item No. 16C23 SheetA.pSL~05 Page 17 of29 Caøilal Project JuSllflcadon Worksheet NOTE: Complete Items 1-8,1hen select Sheet 2 to begin entering fund Information. IF THIS IS A NEW PROJECT, PLEASE COMPlETE A NEW PROJECT seT UP FORM AND ATTACH TO THIS. 2. PROJECT NAME: Od-02 Manatee-Road Potable Water ASR Wells 1. PROJECT NUMBER: 70157 3. EST. PROJECT START (MMIYY : 5. CIE PROJECT (YesINo)? 7. TYPE OF PROJECT (Type 'X" to select 1I1e applicable type): 4. EST. PROJECT COMPLETION (MMIYY : 09105 6. CIE NUMBER: a. Roads b. Parks c. Public Salety d. aen Gov'! Facilities e. Lilrary Facillties/Materiall I. Landfillmprovements g. Stormwater Mgt h. AltpOft Facll1lies x. I. Water/Sewer Ulltities ¡. Other 8. PROJECT LOCATlONtOESCRIPT10N: Design, permit, and conslNctfour addftIonal potable water aqurter storage and recovery (ASAI we" at the ManalBa Road Pumping Scallon site. FY 03: Design and perm. four n_ ASR _lis IIId 8M(> SlOlage Tank. FY 0.: Bid, build. and construct two ..... and one 8Ma SlOlage Tank. FY 05: Bid, build. and construct two ...... start up, troubleshoot and close out project 9. PROPOSED CAPITAL FUNDING SOIJRCE(S): a. Gas Taxes b. BondlLoan Proceeds c. User Fees x d. Ad Valorem (aen FundI e. InlerntIGrantslMisc. I. Impact Fees g. Cany Fo!W&rd 1 O. CAPITAL PROJECT EXPENDITIJRES: FUNDS: APPROPRIATION FY03 FY03 FY03 FY04 FY05 FY06 FY07 FY08 FY04-08 CATEGORY ADOPTED AMENDED FORECAST PLANNED PLANNED PLANNED PLANNeD PLANNED TOTAL TOTAL OPERATING $ 35.000 $ 35.000 $ 80.000 S 420,000 $ 85,000 S S $ S 505.000 TOTAL CAPITAL $ 200.000 S 19..100 S - S 4.500,000 S 2.250,000 S - $ S $ 8.750,000 PROJECT TOTAL $ 235,000 $ 229,100 S 80,000 S .,920,000 $ 2,335.000 S S $ S 7,255.000 11. PROPOSED O&M FUNDING SOURCE(SI (Type'X" for each applicable sourœ): Ad Valorem (Gen Fund) GaslSales Tax.s Servic. ChargeS/Permits Internal Secvice Char¡¡es Other Taxe. Int8re!ItIGrantalMisc. Carry Forward 12. PROJECTED OPERATING & MAINìENANCE (O&M) COSTS (Start-up & Recurring): APPROPRIATION UNIT FV04 FY05 FYOS FY07 FYOB S-YR TOTAl. SI/I/HI! PenlOM81 $ - 61/"'1/' ao.ratIno - 7"'1/11 Capital Outlay TOTAL: IS S s - s -I S - $ -I 13. 1 NEW FULL-TIME EOUIVALENTS (FTEs~ REQUIRED: 14. PROJECTED NEW OPERATING REVENUES (e.g., Servicø ChargeøIPermlls): FY04 FYOS FY06 FY07 FY08 5·YR TOTAL Total N_ Revenues S NET 0&1,1 COSTS: S - S $ S $ - S 70157 Agenda Item No. 16C23 Sheei2Pril~05 Page 18 of29 (FORM D) COLUER COUNTY FY 03-04 BUDGET CAPITAL IMPROVEMENT PROGRAM Capi1a1 Proiect Justification Worllsheet NOTE: Items 1-6 are automaticany filled in. Proceed with Item 7. 1. PROJECT NUMBER: 3. CIE PROJECT (YeslNo)? 5. TYPE OF PROJECT: 70157 2. PROJECT NAME; Manatee Road Potable Water ASR Wells o 4. CIE NUMBER: e. Ubrary FacilmeslMaterials I. landfill Improvements g. Stormwater Mgt h. Airport Facifities x i. Water/Sewer Utilities j. Other a. Roads b. Parlls c. Public Safety d. Gen Gov't Facilities 6. PROJECT L'OCATIONJOESCRIPTION: Design, permit, and construct tour adärtional potable water aquifer slorage and recovery (ASR) wells al tile Manal8e Road PlJf1lJing Station site. FY 03: Design and permit four new ASR wetls and 6MG Slorage Tank. FY 04: Bid. build, and construct two wells and one 6MG Storage Tank. FY 05: Bid. build, and construct two weRs, start up, troubleshoot and close out project 7. PROPOSED CAPITAL FUNDING SOURCE(S) (Type ·X·lo select each applicable source): x þ(;J Valorem (Gen Fund) InteresVGrantslMisc. Impact Fees Carry Forward Gas Taxes BondlLoan Proceeds User Fees B. CAPITAL PROJECT EXPENDITURES: FUND COST CENTER FY03 FY03 FY03 FY04 FY05 FY06 FY07 FY08 FY 04-08 OBJECT DESCRIPTION ADOPTED AMENDED FORECAST PlANNED PlANNED PLANNED PLANNED PlANNED TOTAL 631400 Ella Fees $ $ - $ 80,000 S 400,000 $ 65,000 $ 465,000 631410 Surveyina Fees - 631500 Archrtecfl Fees 631551 Consl Mal Fees -' 631600 Appraisal Fees - 631990 Other Prof Fees - 634980 Inlerdepl Pmnt 634999 Otllr Conlr SlIes 649010 Uc & Permits 35,000 35,000 0 20.000 20,000 40 ,OOQ. TOTAL OPNG $ 35,000 $ 35,000 $ 80,000 $ 420,000 S 85,000 $ $ - $ - $ 505,000 761100 Land $ 200,000 $ 194,100 $ . $ - 762200 BIdg Imprvmnts - 763100 Imlllvmnts Gen 4,500,000 2,250,000 6,750,000 763110 Roads & Bridge . 763310 Landscaping - 764310 othr Furniture 764990 Othr Mach/Equip TOTAL CPTL $ 200,000 S 194,100 $ S 4,500,000 $ 2,250,000 $ - $ - $ $ 6,750,000 TOTAL PROJ S 235,000 $ 229,100 $ 00,000 $ 4,920,000 $ 2,335,000 $ - $ $ $ 7,255,000 NOTE: After expenditure information is entered, select Sheets 3-5 as needed to enter information for additional funds, otherwise select Sheet 1 and continue with Item 11, 70157 Agenda Item No. 16C23 April 12, 2005 Page 19 of 29 .._. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005 - 2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM SAMPLE AGREEMENT Recipient: Collier County Agreement Number: Governing Board Approval Date: Recipient's Project Manager: Peter Schalt, PMP District Funding Amount: $ Address: 3301 Tamiami Trail E. Bldg H, 3rd Floor, Naples, FL 34112 Telephone No: (239) 530-5343 Fax No: (239) 530-5378 SFWMD Contract Manager: Address: Telephone No: Fax No: Insurance: Not Applicable Federal Employer Identification Number: 21-07-019995-53C Project Title: Manatee Road Potable Aquifer Storage and Recovery (ASR) System Expansion Description: Expansion of the Manatee Road ASR system; includes construction of 6-MG storage tank and recirculation system (with associated pumps), piping, instrumentation and controls, and electrical supply. 44 11 Agenda Item No. 16C23 April 12, 2005 Page 20 of 29 EXHIBIT "E" South Florida Water Management District FY 2006 Alternative Water Supply Funding Program ACKNOWLEDGEMENT BRIEF DESCRIPTION OF AWS PROJECT IN ATTACHED APPLICATION: Before me, the undersigned authority, personally appeared, ________________________, ("Applicant's Representative) this ____ day of _____, 2005, who, first being duly sworn, as required by law, hereby acknowledges: 1) The statements contained herein are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the Alternative Water Supply Funding Program Applicant for the above referenced to make the representations contained herein. 2) The undersigned understands the Applicant must be in receipt of all required permits to construct the alternative water supply project within 12 months from the date of encumbrance of funds. 3) The undersigned represents that the reasonable length to complete the construction project will be __24___ months. 4) The undersigned represents that the Applicant intends to begin construction of the alternative water supply project by this _____ day of _________, in the year _____' 5) The undersigned represents that the Applicant understands the alternative water supply project must be completed and invoiced within 36 months from the date of the encumbrance of project funds and further understands that if construction does not begin on or before the aforementioned start date and end no later than 36 months from the date of encumbrance of funds, the South Florida Water Management District reserves the right to rescind alternative water supply funding. STATE OF -------------------- COUNTY OF ------------------ ------------------- By: Applicant's Representative Print Name SWORN TO and subscribed before me ______ day of _______, 2005. Such person(s) (Notary Public must check applicable box): [] is/are personally known to me. [] produced a current driver license(s). [ ] produced as identification: ____________________ (NOTARY PUBLIC SEAL) ------------------------- Notary Public 35 Agenda Item No. 16C23 April 12, 2005 Page 21 of 29 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District" and the undersigned Applicant, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "C," and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution ofthis Agreement and shall continue for a period not to exceed thirty-six (36) months. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION I CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on the first page of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least fifty (50) percent of the total project cost, with the exception of designated REDI communities. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Exhibit "c." By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "c." 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the project. District funds shall only be used for capital or infrastructure costs for the construction activities described in Exhibit "C." 45 ~''-"-_.=_. Agenda Item No. 16C23 April 12, 2005 Page 22 of 29 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable as described in Exhibit "C." The Recipient shall provide certification that all construction has been completed in accordance with Exhibit "C" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the Agreement for invoice submission. The time at which payment shall be due from the District shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in the Florida Statutes, Section 218.70 and upon satisfaction of the District conditions as detailed in the Agreement. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1 %) per month on the unpaid balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Any disputes regarding invoice payments that cannot be resolved by the appropriate department of the District shall be concluded by final written decision of the District Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the District. 4.4 Upon completion of the project, data that was generated during the performance of the project shall be submitted to the District. This may include technical information on the Floridan Aquifer or reuse data. 4.5 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide to the District quarterly progress reports summarizing a brief description of the current status of the project, and the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Schedule of Deliverables in Exhibit "C," attached to this Agreement. 46 Agenda Item No. 16C23 April 12, 2005 Page 23 of 29 ARTICLE 5 - CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Contract Manager for attempted resolution or action. The Contract Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (District Contract Manager's name as stated on the first page of this Agreement) (Address as stated on the first page of this Agreement) 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 - TERMINATION I REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with District Rule 40E-7, Part II of the Florida Administrative Code, "material breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Rule 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 47 Agenda Item No. 16C23 April 12, 2005 Page 24 of 29 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Contract Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Not withstanding anything in this agreement to the contrary, the District reserves the right to terminate this agreement immediately without notice in the event any of the representations contained in the Acknowledgement, attached hereto as Exhibit "E," executed by the Applicant's Representative in connection with the Application are found to be false or if: (a) Recipient has not received and submitted to the District copies of all required permits to construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" within 12 months from the date of the encumbrance of funds by the District; or (b) The reasonable length of time to construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" is determined at any time by the District, in its sole discretion, to either exceed the time set forth in the aforesaid Acknowledgement or to exceed 36 months from the date of the encumbrance of funds by the District. ( c) The Recipient fails to commence construction of the project described in the "Statement of Work," attached hereto as Exhibit "c" on or before the date set forth in the aforesaid Acknowledgment; or (d) The Recipient fails to complete the construction and performance of all work items described in the "Statement of Work," attached hereto as Exhibit "C" within 36 months ofthe encumbrance of project funds by the District. 48 Agenda Item No. 16C23 April 12, 2005 Page 25 of 29 ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 49 Agenda Item No. 16C23 April 12, 2005 Page 26 of 29 8.4 Pursuant to Section 2] 6.347 of the F]orida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicia] branch or another state agency. 8.5 The Recipient shaH obtain, at its sole expense, a1l necessary licenses, authorizations and penn its from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shaH not give rise to a c1aim by the Recipient for additional compensation. Ifthe Recipient is unable to obtain all necessary penn its in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shaH be exc1uded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shaH take a1l measures necessary to effectuate these assurances. 8.7 The Recipient hereby assures that it is not on the State's Convicted Vendor List, or the District's Suspension of Contractors List. ARTICLE 9 -INDEMNIFICATION AND INSURANCE 9.] For value received, which is hereby acknowledged, the Recipient sha1l defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, inc1uding but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentiona1ly wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the perfonnance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph sha1l survive the expiration or tennination of this Agreement. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shaH be considered an independent contractor and neither party shaH be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 50 Agenda Item No. 16C23 April 12, 2005 Page 27 of 29 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation ofthis provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work - Exhibit "c" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any ofthe events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence III the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "c" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 51 .~,.....;--"._. Agenda Item No. 16C23 April 12, 2005 Page 28 of 29 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This agreement is subject to and governed by the provisions applicable to it contained in sections and 373.0831 and 373.1961, Florida Statutes (2004). 52 Agenda Item No. 16C23 April 12, 2005 Page 29 of 29 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director Date: (Project shall start upon execution date of this Agreement.) SFWMD Office of Counsel Approved By: Date: Recipient's Legal Name: By Authorized Official: Title: Date: SFWMD Procurement Approved: By: Date: 53 Agenda Item No. 1601 Apríl12,2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize the Public Services Administrator to sign the annual application for funding from the United Way, through the 4H Foundation OBJECTIVE: To continue to receive United Way funding from the United Way through the 4H Foundation to fund a 4H Customer Service position in the Collier County University ofFlorida/IFAS Extension Department. CONSIDERATIONS: During the FY 2001 budget process, grant funding from the United Way was fITst recognized to support the funding of the 4H program within the Collier County University of FloridaIIF AS Extension Department. Funding has been received in each year since and has been incorporated into the budget process for each fiscal year. A total of $74,000 has been received over the last several years. On February 18, 2004, the County Manager approved a new Grant Coordination Procedure, which requires that all grants to be submitted first be approved for submittal by the Board of County Commissioners. Therefore, it is now required that before submittal of this funding request to the United Way, that the Board of County Commissioners approve the submittal. ~.,......-... $24,000 in grant funding is being requested for the fiscal year 05-06 to cover a half-time position to increase collaborative efforts with other youth-serving agencies including Parks, Library and after school programs. FISCAL IMP ACT: Grant funding for the $24,000 will be included in the FY06 Budget Request. No County Match funding is required. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners authorize the submittal of the annual application for funding and, if awarded, approve the acceptance of the annual $24,000 in United Way funds through the Collier County 4H Foundation to support a 4H Customer Service position. Prepared by: Saundra Lockwood .,- ·'''a.....'.'...._.... Agenda Item No. 16D1 April 12, 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1601 Recommendation that the Board of County Commissioners authorize the Public Services Administrator to sign the annual application for funding from the United Way, through the 4H Foundation. Meeting Date 4/12/20059:0000 AM Prepared By Date Saundra Lockwood Administrative Assistant 3/912005 10:51 :52 AM Public Services University Extension Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 3/912005 11 :31 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3/9/2005 5:19 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 3/10/20058:39 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 3/2412005 11 :29 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/25/2005 8:24 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 3/30/200510:52 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Offìce Office of Management & Budget 3/30/2005 6:20 PM Approved By James V. Mudd County Manager Date Agenda Item No. 1601 April 12, 2005 Page 3 of 9 Board of County Commissioners County Manager's Office 3/30/20058:20 PM aUNIVERSITY OF .FLORIDA IFAS EXTENSION Agenda Item No, 1601 April 12, 2005 Page 4 of 9 Collier COunty 14700 Immoka1ee Rd. Naples, FL 34120 Telephone: (239) 353-4244 SUNCOM: 974-5098 Fax: (239) 353-7127 March 28,2005 Mr. Ernie Bretzrnann, Director United Way of Collier CoUllty 848 1" Ave N. Suite 240 Naples. FL 34102 Dear Mr. Bretzmann and United \Vay Board Members: Enclosed are materials supporting our rcquestf()r a United Way contribution of $24,000 to dlC Collier County 4-H Club Foundation, in quantities of ten as required. These include: 1) United Way budget fequestf(nIDs 2) 4-1-1 Organizational Structure chart 3) List of cun'cnt 4-H dubs 4) Lists of Collier County 4-H G1ub Foundation board members, members of the 4-H Coordinating Committee, and registered club organizational leaders. 5) Copies of three 4-H brochures (one in Spanish), and Extension ColUlcction I am also endosing one copy of our most recent audit. With your support:, we arc reaching youth throughout the county who would not oÙlClWise have the learning opportuniûcs that 4-H provides. 11lis year we have two ncwcluhs at Farm Workers Village, 'another at South Park in Immokalcc, and shorHerm programs at Immokalee Park, Habitat for Humanity, and SmlrisejSunsct programs, and more in the planning stage at lihraries, after-school programs, and the River Park Center. , ~ TIlank you for reviewing these materials and con!lidering <?ur request. Representaûves of the Collier County Lt-H Club Foundation look forward to meeting with you. We greatly appreciate all dmt you dot 1$j¡¡¡: ],v, ~ iuda Denning, M.A. \ Extension Educator/4..H Collier County UF/IFAS Extension Cc: Celia Hill, Sheilah C'rowley TI\e institute of Food and Agricultu 'al Sciences (JPA..<:;) ill an Equal OpporhU\lty Institution authorized to provide research, educational h1fotmlltioCl and other services only to individuals and in8tltutiot1& that function with non-dl!lCl'lmiJ1l\tion with respect to race, creed, color, religion, age, dlsabHlty; sex, sexual orlenta- nO1'\, mariml &tatuB, national origin, political opinions or nffililltiol18, U,S, Departman of Agriculture, Cooperl'ltlve Extension Service, Univt31'Slty of Florida, JPAS, Florida A, & M. UnlverBitv Cooperative Extension Pro¡¡;rllm, and Boards of County Commls&loners Cooperating. Agenda Item No. 16D1 April 12,2005 Page 5 of 9 PROPOSED BUDGET FOR: Collier County 4H Foundation. Inc. Corporate Name of Agency RECAPITULATION AC11JAL BUDGET REVISED PROPOSED SUBMITIED BUDGET BUDGET 2004 2005 2005 2006 A. Cash Balance (3) $ 43340 $ 17934 $ 36077 $ 31977 B. Income other than UWCC (4) 22882 10000 29000 22000 C. Alloartioo &om UWCC (5) 24000 24000 24000 24000 D. Total funds available' (6) 90222 51934 89077 77977 E. Expenditures 54145 51583 57100 57500 F. Balance (or deficit) end of period 36077 341 31977 20477 (1) Show amounts presented at time of budget request (2) Show current budget as revised to include any reduction or increase in any of the line items. (3) Show only cash available :&om prior year. Do Dot show deficit. (4) Show amounts received :&om sources other than UWCC. (5) Show only the amounts received from the UWCC. (6) This is total of lines A, B, and C. AGENCY: Collier County 4" Club Foundation. Inc. Agenda Item No. 1601 April 12, 2005 Page 6of9 BUDGET REVISED PROPOSED AcruAL SUMITIED BUDGET BUDGET 2004 2005 2005 2006 Public Support &. Revenue I. Direct Public Sup¡xrt a. Contributions 22153 7700 10000 10000 b. Special Events 480 2000 19000 12000 c. TrustsIÐequests - d. Other- e. TOTAL 22633 9700 29000 22000 2. Indirect Public Support a. From Local Member UJÚts b. Associated Organi7BÛons c. Unassociated Organizations d. Other Co TOTAL 3. Allocations/Other United Ways 4. Government Af!P.1cy Funding a. City b. County - See not~· Co State d. Federal c. TOTAL 5. Program Service Fees 6. Other Revenue a. Membership Dues b. ProductlService Sales c. Investment Income 249 300 500 500 d.Other e. TOTAL 7. TOTAL PUBLIC SUPPORT AND REVENUE 22882 10000 29500 22500 H:\4H\UùIaI Way'PORMS\PAGE 2,3,4-2005.rtf Agenda Item No. 1601 NOTE ** As the Youth PJ10gram of the University Extension Services 4H is funded thm· ..ÂDril 12, 2005 , ugnpage 7 of 9 county government and supported by the University of Florida. The Collier County 4H Foundation is a separate 501e3 organization which works to expand, enrich, and supplement public funding. There is no separate county budget for 4H specifically. The county . provides office space, administration, supplies, and services of 1.4 Extension Agents. H:\4H\UniIed Way\FORMS\PAGE 2,3,4-200S.rtf PROPOSED BUDGET FOR: Collier County 4H Club Foundation. Inc. Agenda Item No. 16D1 April 12, 2005 n n .L,.., BUOOET REVISED ¡;iè "v P OPOSED ACTUAL SUBMJITED ESTIMATE BUDGET EXPENSE 2004 2005 2005 2006 SALARIES &; WAGES: Profi:ssiona1 $ 24000 $24000 $ 24000 $24000 Main & Household Other salarieS and wages Retirement fund & Soc. Sec. Group Insurance FICA Unemployment Insurance TOTAL 24000 24000 24000 24000 BlßLDING MAINTENANCE: RelIt Utilities Insurance Main, &; Housebold (supplies, laundry) Repairs to bldg. Bldg. I Ground Maintenance - 4H Garden 5000 New equipment Taxes. real estate lIlOItgage intcn:sl TOTAL 5000 ADMINISTRATIVE EXPENDITURES: 0IIiœ supplies & eJCP. 147 200 200 300 IDs, (WOIbtø's Camp, bœdiDg. ere.) 185 150 200 200 Aula apIœep; aIIOW>IIIœI Lc.: cœt ConIi:n:nœ, Con....1IÔODS SIat'I & Volunteer Training Publicity & Promotion & Films 765 Natiooal, Regiœal, ShJIc, Local Dues TOTAL 1096 350 400 500 ACTIVITIES &; SERVICES: Food (cxdude œmp) CIaIhing (other" than t!IIJI )Ioyee UDiforms) Medical, dental. IlUnling supplies Fin_cía! Assistanœ It. Allow. (IDdividuals) - ScboI. JIi 4000 5000 5000 5000 Awards It. nocognition Payments for WIC: offaålilies aasses. dub. albJelics. Tri Jli - Prognma 20001 22233 27700 28000 Supplies pun:b8Sed fer m¡aJe TOT AI.. 24048 27233 32700 33000 Rc:Iidem Cam Jli It. Gross Exp. TOTAL 54145 51583 57100 57500 I1-.t - - TOT AI. EXPENSE 54145 51583 57100 57500 H:\4H\United Way\l'ORMS\PAGE 2,3,4-2005 w-NarE.rtf UNITED WAY OF COLLIER COUNTY AGENCY BUDGET REVIEW Agenda Item No. 1601 April 12, 2005 Page 9 of 9 SCHEDULE OF POSITIONS & SALARIES TITLE OF POSITION (CHECK ONE) I BUDGET REVISED PROSPED PERMANENT TEMPORARY ACfUAL SUBMITrED BUDGET BUDGET FULL TIME OR PART TIME 2004 2005 2005 2006 Dutreach Coordinator X 24,000 24,000 24,000 24,000 TOTALS 24,000 24,000 24,000 24,000 . USE THIS SPAC~ FOR ELABORATION: H:\4H\UDiIaI Way'oFORMS\P AGE 2,3,4-2005 w-NOTE.rtf Agenda Item No. 1602 April 12, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award RFP No. 05-3763 "Signage for Collier County" to Lykins-Signtek, Inc. with an anticipated annual expenditure of $25,000 Obiective: To continue to provide complete quality signage for County facilities through the use of a contracted vendor. Consideration: Collier County currently is without an annual contractor for signage services. Countywide, the collective using departments spend approximately $25,000 annually on signage services. In order to provide consistency in signage packages, streamline the acquisition of the signage products, and provide for unifonn procedures; a Request for Proposal was developed. On January 6, 2005, Request for Proposal No. 05-3763 was posted for these services. Invitations to propose were sent to sixty (60) vendors. Opening date was February 2, 2005. Two packages were received, with Image Graphic Specialties, Inc. RFP being non- compliant. The selection committee accepted the proposal of Lykins-Signtek, Inc. The tenn of the agreement will be one year with three additional one-year renewals. .,'-', Fiscallmcact: Funds are annually appropriated in the budgets of the using departments for the purchase of signage products. Growth Manaaement Imcact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners awards RFP No. 05- 3763 to Lykins-Signtek, Inc. Precared by: Amanda O. Townsend., Operations Analyst, Parks and Recreation Agenda Item No. 1602 April 12, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1602 Recommendation to award RFP No. 05-3763 "Signage for Collier County" to Lykins-Signtek, Inc. with an anticipated annual expenditure of $25,000. 4/12/20059:00:00 AM Meeting Date Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 3/29/2005 2:27 PM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 3/30/2005 9:02 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 3/30/2005 11 :19 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 3/30/20051 :20 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/31/2005 9:04 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3/31/20054:37 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/20058:51 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4/1/20051:36 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/4/2005 5:16 PM Agenda Item No. 1602 April 12, 2005 Page 3 of 3 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/5/2005 8:41 PM Agenda Item No. 1603 April 12, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award Bid No. 05-3782 "East Naples Community Center Expansion" to Bradanna, Inc. in the amount of $747,800 Obiective: To provide nutritious meals and social interaction for low-income seniors using interdepartmental cooperation and available grant opportunities. Considerations: The Parks and Recreation Department and the Human Services Department have partnered to create a permanent home for the Senior Connections lunch program at East Naples Community Park. The Departments jointly applied for and were awarded a Community Development Block Grant from the Financial Administration and Housing Department. The grant is partially tùnding the construction of an addition to the existing community center building that will house the program that serves hot nutritious meals to the community's low-income elderly. The addition will also provide recreation programming space during off-hours. Design and permitting for the project is complete. On February 17, 2005, invitations to bid on the construction portion of the project were sent to 174 vendors. Seven bid packages were requested and two bids received. Bids were opened March 24, 2005, with base bids as follows: ,.......-., Bradanna, Inc. $747,800 Vanderbilt Bay construction $869,081 Staff is recommending the bid be awarded to Bradanna, Inc. as the lowest, responsive bidder. Fiscal Impact: Funds are available within the East Naples Community Center Expansion Project (34207) in the Parks and Recreation Community Park Impact Fee Fund (368). Growth Manaaement Impact: The value of the improved facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners award Bid No. 05-3782 "East Naples Community Center Expansion" to Bradanna, Inc. in the amount of $747,800. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation ~- Agenda Item No. 1603 April 12, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1603 Recommendation to award Bid No. 05-3782 "East Naples Community Center Expansion" to Bradanna, Inc. in the amount of $747,800 4/12/2005 9:00:00 AM Meeting Date Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 4/1/20058:52 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 4/1/20059:22 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/1/200510:30 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 4/1/200510:53 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 4/1/200511 :41 AM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 4/112005 11:44 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/200512:32 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/1/20053:58 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/4/2005 11 :18 AM Agenda Item No. 1603 April 12, 2005 Page 3 of 5 Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/5/2005 9:05 PM ~g~~ '\ 'tt -g -' Ñ = "~ I I z'-fŒ! _ U E"§. ~ 2«"~ rJ) -;; Õ Q) I -0 Z C:J I c: !11 (l) 13 I 0) !11 « 0.. ! i...: Œ! c: C:J!1I !11 E c: ~ !11 .... ~ Q) .....0.. u..... Q) c: .~== a:ü -c: ° ëñ c: !11 0. X W .... Q) ë Q) ü Z- ï.= :J E E ° ü rJ) Œ! õ.. !11 Z ..... rJ) !11 ~ N to I-- M , 1.0 o -a ã'i >. !11 c: aJ "Q ±:: 0 J :e 2' Q)¡;; -a c: c: 0 ~ü u c: ItÎ c: c: !11 -a. !11' Cã! 1.0 o o N '<t N ..c: u Ìii ~ Q) :J o 0·00000 000000 ,-Mr-..:MO,- to to to <0 0 I '<t OOMtOOI-- 0'1 cö ¡ M- '<t M I-- <0 I.O!.... '<t N M 'to Eß-! Eß- Eß- Eß- Eß- .Eß- 000000 ~~~~~~ 00 1.0<0 MI--l ~ g ~.~ ::2 ir::: , I-- to ....-1 M" LÔIO" '<to'l....I.ON'<t I-- Eß- Eß- Eß- Eß- Eß- Eß- I I z o ¡:: Q. æ o en I~ 10 _0 1M ¡O~ M _... o 00- - 1:1> 0 o 0:> M I: .- Eo o "tj - ._ Q) Q) 0 .... ,ft.... I: ~ _v, 0 enC!..J:~:Q I~"'I:U t:....eoÆ o Q) :>I:Q : ~ ~ ~I ~ u "C ,ft .... .- .... Q) Vt .!! :: Q) 1;løf!~.i 'ii I. I: ìñ I 0.1 Q) . "'j Q) C'CI! 1:, oðl_ ';::1 :¡¡¡f o Õ o'''C'_' .!::! Q. :g ¡Iiiil ~ e B...J:¡:! Q. CI~ .!I.! "C "C "C .!!:.!!, "C "C "C Q) I Q) !!.~~~I~ ,- N M '<t Ill) 1'**= '**= '**= '**= '**= :-5!.!.!.!.!.! ŒI C'CI C'CI C'CI C'CIIC'CI Q) E E E EIE Xi ~ ~ ~ ~¡~ ŒI««< >->->->->->- I >-1>-,>- >- >- >- 0:::: W o o aJ u.. ° (/) Wi(/) O::::(/)ül ~ wO::::z ::J 0:::: Ow 0 ::JI-o:::: ,Z I-ÜWI- W ü«o..ü 0 ~Ig:[¡)« ~ ~Ôu..ç UJ «üOw C!) ~ml-u.. 0 ::Jz« W ...J(/)w(/)o...J ~u..~IZS: C:::OWüoO WI-2m2 I-I-«Wo::X:: «(/)1-0:::: ü ~::::¡(/)I-m« c: o c:§ ° E rJ) .... c: Œ! -§> - Q) :::: "~ '0 c: U !11 (/)- rJ) "' rJ) ..... Œ! c: c: Q)..... 01'- «s: ! ¡ .... - o Œ! 01 !11 0.. I ! C") L{) LO 00- (DOO ...-NLO oN'( ) Z"'- 0) _cu E'c a.. ( )e.. :=.« cu -0 C ( ) OJ « CIO 0 0 N N ... CIO - 0 0 >- .... .... ... - 0 ~ ... - 0 M ... - 0 N ... - 0 .... ... - 0 ~ - 0 M ... CD - 0 0 0 N N ... -0 - 0 0 ... >- .... .... ... CD - - 0 t: CD ... - (,) 0 ... M ... 0 - 0 t: N CD ... - en 0 ... .... I I ... CD - - 0 t: CD (,) =ª' C C C C C - C C '" III c C It> = C N ., '" '" ,.: C '" 0 ,..; Ò C- t: 0 ,..; ., M II) N ... ..... ... = ~ ... ... ... ... ... E E 0 (,) II) CD l- llS 1/1 C 1/1 iã CII 0 C. Z l- e CII GJ .... ns w ::I .¡: e :¡:; GJ 0 > .... .¡: U II. I- Z w U GJ ::I ~ GJ GJ 0 I- .. - .'!::: .5 CD .... ·s GJ II) .c 1/1 .... U CII C I- 0 ns l- e 0 0 GJ I- W < w II) u a. a. Agenda Item No, 1604 April 12, 2005 Page 1 of 22 .....'-" EXECUTIVE SUMMARY Recommendation to approve and execute a lease with Randall Benderson and David H. Baldauf, Trustees, for office space in Parkway Plaza, Golden Gate City, for the Health Department's Women, Infants and Children's (WIC) program, at an approximate first year cost of $39,870. OBJECTIVE: To provide office space for the Health Department's WIC program. CONSIDERATIONS: The WIC office is currently located at 5258 Golden Gate Parkway in Golden Gate City. The lease with Park East Development, Ltd. (Landlord) expires on June 30, 2005, and the Landlord is not agreeable to renewing. The Landlord believes the County's use is incompatible with other tenants' use. Across the street from the existing WIC office is Parkway Plaza. This is the shopping center where Kmart is located. An agreement has been reached to lease 2, 100 square feet at 4945 Golden Gate Parkway Suite 103, to the County for WIC's use. The subject space is new construction with the owners providing an improved shel1 with a drop ceiling, lighting, heating, air-conditioning, fire sprinklers, two restrooms, and emergency lighting. The interior build-out wil1 be done by WIC at an approximate cost of $50,000. These improvements wil1 include additional partitions for examination rooms, reception area and offices, and will be paid for from federal grant funds. ...- The initial lease term is for five years with a provision for one, five-year renewal period. The annual rent for the first year of the lease will be $33,600, payable in monthly installments of $2,800. The annual rent for each subsequent year will be three percent higher than the preceding year. The County wil1 also be required to pay, during the first year of the lease, $297.50 monthly for common area maintenance (CAM). The CAM fee for each subsequent year will also increase by three percent. In addition to the foregoing, the County will be required to reimburse the owners for its proportionate share of all real property taxes. Based upon today's taxes, the County's portion would be approximately $2,700. The County will also be responsible for payment of all utilities and costs associated with providing janitorial services. The lease will commence on the sixtieth day following the landlord's completion of his portion of the build-out. This will allow the County ample time to complete its own improvements before the rent commences. The attached Lease has been reviewed and approved by the Health Department, Risk Management Department, and County Attorney's Office. FISCAL IMPACT: The first year's annual rental of$33,600, CAM of$3,570, property taxes, janitorial services, and all utility charges, shall be paid from the General Fund (001). This lease will cost approximately $2,200 more than budgeted in FY 2004/2005 and is available in the Public Health Department's operating budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. - RECOMMENDATION: That the Board of County Commissioners approve the attached Lease and authorize its execution by the Chairman and approve any and all future Budget Amendments that may be required to meet the fiscal impact. PREPARED BY: "·'··~·W"_'" Agenda Item No. 1604 April 12, 2005 Page 2 of 22 Michael H. Dowling, Senior Property Management Specialist Real Estate Services / Facility Management Department Agenda Item No. 1604 April 12, 2005 Page 3 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D4 Meeting Date Recommendation to approve and execute a lease with Randall Benderson and David H. Baldauf. Trustees, for office space in Parkway Plaza, Golden Gate City, for the Health Department's Women. Infants and Childrens' (WIC) program, at an approximate first year cost of $39,870. 4/12/2005 9:0000 AM Prepared By Date Michael H. Dowling Property Management Specialist 3/23/2005 3:23:09 PM Administratíve Services Facilities Management Approved By Charles E. Carrington, Jr., SRfWA Real Estate Services Manager Date Administrative Services Facilities Management 3/2312005 3:38 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 3/23120054:29 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 3/25/2005 9:54 AM Approved By Damon Gonzales Date Administrative Services Facilities Management 31251200511:56 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 4/1/200511 :53 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/200512:26 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4/1/20051:32 PM Approved By Agenda Item No. 1604 April 12, 2005 Page 4 of 22 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/4/2005 10:58 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/4/2005 6:55 PM "~_._---~._..._.- LEASE Agenda Item No. 1 J04 April 12, 2f05 Page 5 0 22 THIS AGREEMENT, made this 29th day of December, 2004, between RANDALL BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED DECEMBER 29, 1995 KNOWN AS THE RONALD BENDERSON 1995 TRUST AS A TENANT IN COMMON AND BENDERS ON 85-1 TRUST AS A TENANT IN COMMON ("Lessor") having offices at 570 Delaware Avenue, Buffalo, New York 14202, party of the first part and COLLIER COUNTY ("Lessee"), a municipal corporation, d/b/a W.I.C. FOR WOMEN, INFANTS AND CHILDREN having offices at w. Harmon Turner Building, 3301 Tamiami Trail East, Fourth Floor, Naples, Florida 34112, party or the second part. . WITNESSETH: That the Lessor hereby lets to the Lessee and the Lessee hereby hires from the Lessor the following premIses: Approximately 2,100 square feet of space located at Parkway Plaza ("Shopping Center"), 4945 Golden Gate Parkway Suite 103, Naples, Florida 34116 ("Demised Premises") for a tenu of five (5) years to commence on the date the Demised Premises are delivered to Lessee with Lessor's Work (pursuant to Paragraph 46 herein) substantially completed (the "Commencement Date"). Within a reasonable time thereafter, Lessor and Lessee shall, at the request of either, enter into a supplemental agreement prepared by Lessor, which affirms the Commencement Date and the date upon which the original tenn of said Lense shnll expire. LESSEE COVENANTS TO PA Y BASE RENT AS FOLLOWS: an annual base rental or $33,600.00 for the first year of the tenn of this Lease payable in equal monthly installments of $2,800.00 each; thereafter the base rental shall automatically increase three percent (3%) per annum beginning on the first day of each lease year; in advance on the first day of each month without offset or deduction to Lessor. in its name, at Braden River Post Office, P.O. Box 21199, Bradenton, Florida 34204-1199, or to such other address or payee as Lessor may designate in writing. In the event that the Commencement Date is other than on the first of the month, then the rental for the balance of the month shaH be pro-rated accordingly and the full tenu of the Lease shaH commence on the first day of the following month. Lessee shall be required to pay any applicable taxes levied against rental payments or other payments required to be made hereunder. Lessee agrees to pay aH additional rents and other charges under the tenus of this Lease when they are due and payable. Any rents remaining unpaid ten (10) days after due date or any other charges remaining unpaid ten (10) days after receipt of invoice shaH be subject to a late charge equal to a one and a half percent (1.5%) monthly late charge (or the maximum amount permitted by law, if less). EVERY COVENANT OF THIS LEASE SHALL BE DEEMED A CONDITION THEREOF WHICH SHALL INCLUDE: COVENANT TO PAY RENT 1. The Lessee shaH pay the above-specified rent at the times and place as set forth herein or such other place as Lessor shaH specify in writing to Lessee. USE 2. Lessee covenants and agrees to use the Demised Premises for the following activities only: the provision of County support services to provide women, infants and children healthy foods, nutrition education and checks to buy certain foods. Please initial: _._--~-_._- WIC GG City Mgemdacltem No. 1 04 March 17.2005 April 12, 2 05 Page 6 0 22 SIGNS, BUILDING ALTERATIONS AND CHANGES 3. The Lessee shall not use the Demised Premises for any other purpose than as above stated, nor erect or display any signs on the Demised Premises, nor make any alterations, additions or improvements to or upon the Demised Premises without the prior written consent of the Lessor, nor make or permit any defacement, injury or waste in, to or about the Demised Premises. Lessor reserves the right to enlarge or diminish store sizes (other than the Demised Premises) and to construct additional buildings on the site of which the Demised Premises are a part. Lessor may elect to cause Lessee to relocate its business, within nmety (90) days after notice to do so, to another location within the Shopping Center, comparable in size to the Demised Premises. Lessor and Lessee shall execute and deliver an amendment to this Lease which shall substitute the new location for the Demised Premises described herein and shal1 modify the rents and additional charges hereunder based upon the square footage of the new location, if different from the Demised Premises; otherwise all of the terms and conditions of this Lease shall be applicable to the new premises. If Lessor and Lessee cannot agree on a new location within sixty (60) days after notice of exercise by Lessor of its relocation option, then Lessor may elect to withdraw its notice requiring Lessee to relocate in which case Lessee shall, at Lessor's option, remain in possession of the Demised Premises, or if Lessor shall not withdraw its request then this Lease shall terminate at the end of such ninety (90) day period. SUBLETTING Al\TD ASSIGNMENT 4. A. Lessee shall not assIgn or otherwise transfer this Lease or any of its rights hereunder, mortgage or otherwise encumber this Lease or any of its rights hereunder, sublet the Demised Premises or any part thereof, or permit the use of the Demised Premises or any part thereof by parties other than Lessee. Consent by the Lessor to any assignment or sublease sha1l not be deemed consent to further or additional assignments and sublettings, r.or sha1l any consent release Lessee (or its guarantor, if any) from liability for performance of a1l terms and conditions of this Lease. In each case prior written consent of the Lessor must be obtained. Concurrently with any request for Lessor's consent Lessee shaH pay to Lessor the sum of $750.00 for Lessor's review and processing of such request, and Lessor shall not be obligated to review such request prior to its receipt of the foregoing fee. B. In the event of any assignment or subletting, even with the consent of Lessor, then at Lessor's option either: (i) rent shall be the rent stated in this Lease, including any increases which may occur from time to time under this Lease, multipJied by a fraction, the numerator of which is the Price Index for the month immediately foHowing the effective date of such assignment or subletting, and the denominator of which is the Base Index (as such Indexes are defined below); or (ii) rent shaH be the rent stated in this Lease, inc1uding any increases which may occur from time to time under this Lease, plus the periodic payments payable by any assignee or subtenant under its agreement with Lessee in excess of that provided for in this Lease; or (Hi) Lessee shall pay Lessor, in addition to all payments otherwise required under this Lease, the amount of any lump sum payment payable by any assignee or subtenant under its agreement with Lessee in excess of that provided for in this Lease. C. As used herein, "Price Index" shaIJ mean the Consumer Price Index, All Urban Consumers (U.S. City Average), as compiled and published by the Bureau of Labor Statistics, United States Department of Labor, as revised from time to time for base averages. If such Price Index should in the future be compiled on a different basis, appropriate adjustments will be made for purposes of computations under this clause. If the United States Department of Labor no longer compiles and publishes such Price Index, any comparable index published by any other branch or department of the Federal Government shall be used for the purpose of computing the adjustments herein provided for as seJeeted by Lessor, and if no such index is compiled and published by any branch or department of the Federal Government, the statistics reflecting cost of living changes as compiled by any institution, organization or individual generally recognized as an authority by financial and insurance institutions shall be used as a basis for such adjustments as selected by Lessor. As used herein "Base Index" shall mean the Price Index as it exists for the month immediately preceding the date of this Lease. D. If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership shall be deemed to be an assignment of this Lease. If Lessee is a corporation, unless Lessee is a public corporation, whose stock is regularly traded on a national stock exchange, or is regularJy traded in the over-the-counter market and quoted on NASDAQ, any dissolution or merger of Lessee or sale or other transfer of a percentage of capital stock of Lessee which results in a change of control1ing persons, or the sale or other transfer of substantially all of the assets of Lessee, shall be deemed to be an assignment of this Lease. The transfer of membership in a limited liability company or any other entity, or the dissolution or merger Please initial: ----~--~---_._._---- WIC GG Çity ~cM¡¡¡cltem No. 1 04 Marcb17,2005 April 12, 2 05 Page 7 0 22 of Lessee, or the sale or other transfer of more than fifty percent (50%) which results in a change of control, or the sale or transfer of substantially all of the assets of Lessee shall be deemed an assignment of this Lease. SUBORDJNATION OF MORTGAGES 5. This Lease shall be subject and subordinate to the lien of any mortgage or mortgages or deed or deeds of trust, which at any time may be placed upon the Lessor's interest in the Demised Premises. Lessee shall execute, upon the request of Lessor, such documents as required by Lessor's lender to evidence such subordination and other matters required by Lessor's lender.. EXAMINA nON OF PREMISES 6. The Lessor shall at aU reasonable times have access to the Demised Premises for the purposes of examining the same, making repairs required to be made by Lessor, or for the purpose of showing the Demised Premises to prospective purchasers or lessees; and for a period of at least three (3) months prior to the expiration of the Lease or any renewal thereof, shall have the right to post a sign on the front of Demised Premises offering the same "To Let" or "For Sale", which said sign the Lessee shall pennit to remain without molestation. LA W AND RULE COMPLIANCE 7. Lessee agrees to observe and comply with all laws, ordinances, rules and regulations of the Federal, State, County, Municipal authorities and regulations of the Board of Fire Underwriters applicable to the Demised Premises and to the business to be conducted by Lessee in the Demised Premises. INCREASE IN INSURANCE RISK 8. A. In the event that Lessee's occupancy increases the total insurance premium on the premises of which the Demised Premises are a part, Lessee shall pay said increase in insurance premium as additional rental. Lessee agrees not to do or permit anything to be done in said Demised Premises or keep anything therein, which will increase the rate of fire insurance premiums on the improvements or any part thereof, or on property kept therein or which wi11 obstruct or interfere with the rights of other tenants or conflict with the regulations of any pertinent authority or public or quasi-public department or with any insurance policy upon said improvements or any part thereof. In the event of any increase in insurance premiums resulting from Lessee's violation of the foregoing, or from any act or omission on the part of Lessee, Lessee agrees to pay said increase in insurance premiums on the premises of which the Demised Premises are a part. Lessee shall, in any event, hold the Lessor hannless from the effect of any said violation, act or omission. In any actlOn or proceedings wherein the Lessor and Lessee are parties, a schedule or "make up" of rate for the building on the Demised Premises, purporting to have been issued by the Fire Insurance Exchange in the state in which the Demised Premises is located, or other body making fire insurance rates for the Demised Premises, shall be prima-facie evidence of the facts therein stated and of the severa] items and charges included in the fire insurance rate then applicable to the Demised Premises. B. As additional rent, and upon demand Lessee agrees to pay its proportionate share of public liability and property damage insurance for the common areas and insurance for the building of which the Demised Premises forms a part, protecting against all losses resulting from fire, loss of rents and other insurable hazards, casualties, risks and contingencies. Lessee's proportionate share shall be based upon the square footage of occupied space in the building of which the Demised Premises forms a part. UTILITIES AND SERVICES 9. The utilities and services including, without limitation, electricity, water, gas, telephone and sewer service, furnished to the Demised Premises shall be provided and paid for by the Lessee, commencing on the date Lessee takes possession of the Demised Premises. Lessee shall not discontinue utility service to the Demised Premises at any time during the term of this Lease. If a sprinkler system is on the premises, Lessee will promptly pay water charges for such system regardless of basis on which municipality or water authority charges for such service. The Lessor shall not be liable for any interruption or delay in any of the above services for any reason. In the event Lessee fails to have the utility companies set up the accounts in its name on the date Lessee takes possession of the Demised Please initial: WIC GG CIty ÁIIØmIIIØ:I!Ic It em No. 1 04 M";"':¡'¡Ù005 April 12, 2 05 Page 8 0 22 Premises, then Lessee shall pay Lessor for the utilities consumed at the Demised Premises plus an additional twenty percent (20%) to cover Lessor's administrative and overhead costs. Lessee shalJ at aJl times operate the HV AC system and all utilities serving the Demised Premises so as to prevent any damage to the Demised Premises or the systems serving the Demised Premises. In the event that any tap fee, impact fee or other assessment is payable as a result of the provision of utility service to the Demised Premises then such fee shall be paid by Lessee (directly to the municipality if separately invoiced or pro rata to Lessor in any other instance). TERMINATION ON DEFAULT AND RIGHTS OF LESSOR 10. A. In the event that Lessee shalJ violate any condition. covenant or agreement contained in this Lease, or any part thereof, then Lessor shall have the right at Lessor's election to terminate this Lease on first giving to Lessee three (3) days' notice to cure such default, if such defau]t is the failure to pay past due rent, or seven (7) days' notice if such default is the breach or non-observance of any other covenant or condition, provided, however, that if the nature of Lessee's default is such that it cannot be cured solely by payment of money and more than seven (7) days may be reasonably required for such cure, then Lessee shall not be deemed to be in default if Lessee shaJl commence such cure within said seven (7) day period and shall thereafter diligently prosecute such to completion; such election shalJ be served by registered or certified mail or by overnight driver service which provides written receipts in a postpaid envelope addressed to Lessee at the address first above given. The above mentioned term shalJ cease upon the expiration of said three (3) or seven (7) days, as the case may be, in the same manner and to the same effect as if that were the expiration of the original term of this Lease; it being further understood and agreed that such election shall be solely in the discretion of Lessor, and, if exercised, shall be conclusive upon Lessee. B. Notwithstanding the foregoing provision, it is agreed that if Lessee or its guarantor (if any) shalJ be adjudicated a bankrupt, or a receiver is appointed for the business and property of Lessee or its guarantor (if any), or if Lessee or its guarantor (if any) shalJ make an assignment for the benefit of creditors, then at the option of Lessor, this Lease may be cance1ed upon written notice by Lessor to Lessee, but Lessor shall not be required to give the notice as required in Subparagraph 'A.' C. If the Lessee shall be deemed in default of anyone or aJl of the events contained in subparagraphs A and B above beyond the applicable notice and cure periods, the Lessor may to the extent permitted by law: (1) at its option, without terminating this Lease, change the locks on the doors to the Demised Premises and exclude the Lessee therefrom until all of such defaults shall have been completely cured; (2) at its option, at once, without notice to Lessee or to any other person, terminate this Lease; (3) upon the termination of this Lease either at the option of the Lessor as aforesaid, or at the expiration by lapse of time of the term hereof, the Lessee will at once surrender possession of the Demised Premises to the Lessor and remove all effects therefrom and if such possession be not immediately surrendered, the Lessor shall forthwith re-enter the Demised Premises and repossess itself thereof as in its former estate and remove al1 persons and effects therefrom, using such force as may be necessary, without being deemed guilty of any trespass or forcible entry; (4) if the Lessee shal1 not remove all effects from the Demised Premises as above provided, Lessor may, at its option, remove any or all of said effects in any manner that Lessor shall choose and store the same without liability for loss thereof, and Lessee will pay the Lessor, on demand, any and all expenses incurred in such removal and also storage on said effects for any length of time during which the same shall be in Lessor's possession or in storage, or Lessor may at its option, without notice, sel1 any or all of said effects in such manner and for such price as the Lessor may deem best and apply the proceeds of such sale upon any amounts due under this Lease from the Lessee to the Lessor, including the expenses of removal and sale; (5) relet the Demised Premises or any part or parts thereof either in the name of Lessor or Lessee for a term or terms which may at Lessor's option extend beyond the balance of the term of this Lease, and Lessee shall pay Lessor any deficiency between the rent hereby reserved and covenanted to be paid in such reletting, including, but not limited to, attorneys' fees, brokers' fees and expenses of remodeling and putting the Demised Premises in good order and preparing the same for re- 4 Please initial: WIC GG Cily Â~.ltem No.1 04 Marèh17.2005 April 12, 2 05 Page 9 0 22 rental. Such deficiency shaH be paid in monthly instaHments, upon statements rendered by Lessor to Lessee. For the purpose of determining the deficiency in rent, the rent reserved shaH be deemed to be the guaranteed minimum monthly rental herein provided for, plus any additional charges otherwise due pursuant to this Lease. Any suit brought to collect the amount of the deficiency for anyone or more months shaH not preclude any subsequent suit or suits to coHect the deficiency for any subsequent months; (6) coHect from Lessee any other loss or damage Lessor may sustain by reason of any breach and any diminished value of the Demised Premises resulting from said breach; (7) in the event of a breach or threatened breach by Lessee of any of the covenants or provisions of this Lease, Lessor shalI have the right to enjoin any such breach or threatened breach; (8) declare the entire rental for the balance of the term, including the guaranteed mimmum monthly rental herein provided for, immediately due and payable at once; (9) cure such default by Lessee at Lessee's expense, and upon completion of such cure by Lessor Lessee shaH, upon demand and as additional rent, reimburse Lessor for alI costs in connection therewith. (10) take any enforcement action allowed by the laws of the State of Florida, either at common law or pursuant to statute. D. To the extent permitted by law the Lessee expressly waives the service of any notice of intention to terminate this Lease or re-enter the Demised Premises, and waives the service of any demand for payment of rent or for possession, and waives the service of any and every other notice or demand prescribed by any statute or other law, and agrees that the simple breach of any of the said covenants hereof, shall, of itself, without the service of any notice or demand whatever, constitute a forcible detainer by the Lessee of the Demised Premises within the meaning of the statutes of the state in which the Demised Premises are located. Lessee hereby expressly waives any and all rights of redemption, granted by or under any provisions of Law. No receipt of monies by the Lessor from the Lessee, after the termination in any way of this Lease or after giving of any notice, shall reinstate, continue or extend the term of this Lease, or affect any notice given to the Lessee prior to the receipt of such money, it being agreed that after the service of notice or the commencement of a suit, or after final judgment for possession of the Demised Premises, the Lessor may receive and colIeet any rent due, and the payment of said rent shaH not waive or affect said notice, said suit or said judgment. Lessee agrees that in the event Lessor commences summary proceedings or Htigation in connection with this Lease that Lessee shalI not interpose any non-compulsory counterclaim in any such proceeding. E. Any and all rights and remedies which Lessor may have under this Lease and any rider hereto attached and made a part hereof and at law or in equity shalI be cumulative and shaH not be deemed inconsistent with each other, and any two or more or aH of such rights and remedies may be exercised at the same time. In the event of defau]t by Lessee, Lessor shall have the option to terminate, without additional notice, any lease agreement between Lessor or any of its affiliates and Lessee. HOLDING OVER 11. In the event that Lessee shaH remain in the Demised Premises after the expiration of the term of this Lease without having executed a new written Lease with Lessor, such holding over shall not constitute a renewal or extension of this Lease. Lessor may, at its option, elect to treat Lessee as one who has not removed at the end of his term, and thereupon be entitled to all the remedies against Lessee provided by law in that situation, or Lessor may elect, at its option, to construe such holding over as a tcnancy from month to month, subject to all the tenns and conditions of this Lease except as to duration and rental which Lessor and Lessee agree shall increase to double the amount of the rental last in effect. CONDITION OF PREMISES 12. Lessee has examined the Demised Premises and accepts them in their present condition except as otherwise expressly provided herein and without any representations on the part of Lessor or its agents as to the present or future condition as the reasonable use thereof will permit. Please initial: ~~"""----,~-~ WIC GG City ! ~ac!tem NO.1 04 Marc~ 17. 2005 April 12, 2 05 Page 100 22 MECHANIC'S LIEN 13. Lessee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Lessee, operation of law, or otherwise, to attach to or be placed upon Lessor's title or interest in the Shopping Center or Demised Premises, and any and all liens and encumbrances created by Lessee shall attach to Lessee's interest only. In order to comply with the provisions of Section 713.10, Florida Statutes, it is specifica1Jy provided that neither Lessee nor anyone claiming by, through or under Lessee , including, but not limited to, contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place any mechanics' or materialmen's liens of any kind whatsoever upon the Demised Premises, the shopping center or improvements thereon, and any such liens are hereby specifically prohibited. All parties with whom Lessee may deal are put on notlce that Lessee has no power to subject Lessor's interest to any mechanics' or materialmen's lien of any kind or character, and all such persons so dealing with Lessee must look sole!y to the credit of Lessee, and not to Lessor's interest or assets. In the event that any such lien IS filed against be prerruses as a result of alterations, additions or improvements made by or on behalf of Lessee, Lessor, at its option, after ten (10) days' notice to Lessee, may tenninate this Lease and/or pay the said lien without inquiring into the validity thereof, and Lessee shall forthwith reimburse Lessor the total expense incurred by Lessor (including but not limited to reasonable attorney fees) in procuring the discharge or bonding the said lien, as additional rent hereunder. EMINENT DOMAIN 14. If the property or any part thereof wherein the Demised Premises are located sha]] be taken by public or quasi-public authority under any power of eminent domain or condemnation, this Lease, at the option of Lessor shall forthwith terminate. Lessee in no event sha]] have any claim or interest in or to any award of damages for such taking. ACCELERATION 15. It is hereby mutually agreed that notwithstanding anything to the contrary herein contained, the Demised Premises IS demised for the rental for the entire said tenn, payable at the time of making of this Lease and that the provisions herein contained for the payment of said rent in installments are for the convenience of Lessee only and that upon default in payment of the rent installments as herein allowed, then the whole of the rent hereby reserved for the whole of said term and then remaining unpaid shall at once become due and payable without any notice or demand. DESTRUCTION OF PROPERTY 16. In the event of the destruction of the Demised Premises or the building containing the Demised Premises by fire, explosion, the elements or otherwise, during the tenn hereby created or previous thereto, or such partial destruction thereof as to render the Demised Premises wholly untenantable or unfit for occupancy, then the Lessor shall have a period of forty-five (45) days from the date of such destruction or partial destruction of the Demised Premises to determine, at its election whether the Demised Premises should be rebuiJt, and Lessor thereafter shall have a period of one hundred twenty (120) days from the date of commencement of substantia] repairs or reconstruction of the Demised Premises to rebuild the Demised Premises to the same condition as upon initial delivery thereof to Lessee. Notwithstanding the foregoing, the tenn hereby created, at the option of the Lessor, shall cease and become null and void from the date of such damage or destruction; and if such option is exercised the Lessee shall immediately surrender Demised Premises and all Lessee's interest therein to Lessor and shall pay rent only to the time of such surrender. However, should the Demised Premises be rendered untenantable and unfit for occupancy but yet be repairable, at the Lessor's election the Lessor shall repair the same with reasonable promptness, and in that case the rent accrued and accruing shall not cease and determjne. Lessee shall immediately notify Lessor in case of fire or other damage to the premises. No clajm shal1 be made by the Lessee in any case for compensation or damages by reason of interruption of its business through any such destruction and damage to the Demised Premises or arising from the necessity of repairing any portion of the entire premises of which the Demised Premises are a part. BUILDING RULES 17. The rules and regulations of Lessor regarding the Demised Premises affixed to this Lease, if any, as well as those reasonable rules and regulations which shal1 hereafter apply to the premises of which the Demised Premises fonns a part, shall be observed by Lessee and by Lessee's guests, invitees, 6 P!.ease. initia.l: W]C GG CIty A~ Item No.1 04 Mai8.1"i.ïôo5 April 12, 2 05 Page 11 22 licensees, employees, agents and customers. Merchandise display, sales or storage on the sidewalks is prohibited. Lessee and its employees shall park their cars only in the areas designated by Lessor. GLASS 18. Lessee agrees to rep1ace at Lessee's expense any and aJl glass and molding which may become broken or in need of repair in and on the Demised Premises. LLABII.ITY 19. The Lessee further covenants and agrees with the Lessor that during the term of this Lease and for such other times as the Lessee shall hold or have access to the Demised Premises, that, for any legal or administrative proceedings relating to Lessee in which Lessor is made a party without Lessor's default, the Lessee will save the Lessor and its affiliates, ground lessor(s), and mortgages, if any, harmless and indemnified from and against such claim, injury, loss or damage (including defense costs). By providing liability insurance with $3,000,000.00 combined single limits for bodily injury and property damage. Insurance policies will be written in the names of the Lessee with Lessor, its ground lessors and/or mortgagee, if any, named as additional insureds, and Lessee shall provide Lessor with certificates evidencing such policies upon execution of this Lease and shall thereafter provide Lessor with appropriate evidence of such coverage's upon each anniversary date of the policy. The failure of Lessee's insurance company to defend Lessor and its affïliates shall render Lessee in default of this Lease. CARE OF PREMISES 20. Lessee further agrees as follows: (a) to pay all utility charges promptly, (b) to make all repairs and replacements in a workmanlike manner, (c) to keep the Demised Premises and platform, loading dock or service areas used by Lessee in good, healthful and clean condition, (d) to cause the sidewalks adjacent to Demised Premises to be kept free of rubbish and merchandise, (e) not to obscure the windows with blinds, film or other window treatments without Lessor's consent, (f) not to overload the floors, (g) not to paint on the exterior of Demised Premises, and (h) not to use the Demised Premises in a manner which creates a nuisance or which disturbs any other tenants or occupants of neighboring property. 21. This paragraph is intentionally omitted. REDEMPTION 22. The Lessee expressly waives, forfeits, surrenders and releases the Lessor from the operation of any provision of law now in force or which may be hereafter enacted, giving the Lessee the right under any conditions after default, to the redemption and repossession of the Demised Premises or any part thereof. COMMON AREA MAINTENANCE 23. As additional rent, Lessee shall pay to Lessor, as its fixed share of common area maintenance costs $3,570.00 per year for the first year of the term of this Lease payable in equal monthly installments of $297.50 each; and for each year thereafter Lessee's fixed share of common area maintenance costs shall automatically increase by an amount which is three percent (3%) above the previous year's amount. DEVELOPMENT CONTINGENCY 24. It is understood and agreed that if for any reason the Lessor is unable to proceed with the building . containing the Demised Premises, or if the delivery of the Demised Premises to Lessee is no longer feasible, said Lessor may cancel this Lease by written notice to the Lessee. In the event the Lessor experiences unavoidable delays Lessee hereby agrees to defer the beginning occupancy date of this Lease. ILLEGAL ENTRY 25. Lessee shall be responsible for damage to the Demised Premises as a result of illegal entry therein or trespass thereupon. Please iniLial: Tì rr"1 _.... ...~- <'---..-..-." WIC GG City A~!tem NO.1 04 Marcï; ïi,ioo5 April 12, 2 05 Page 120 22 BUSINESS OPERATION 26. The Lessee covenants and agrees that it wi!!, during the entire tenn of this Lease, operate the business for which the Demised Premises are ]eased. LESSOR'S RIGHT OF RECAPTURE 27. Lessor shall have the right of recapture to take over the space occupied by the Lessee should the Lessee wish to assign this Lease, sublet or vacate the Demised Premises or any part thereof before the expiration of said Lease, at the rental the Lessee is paying. TAXES 28. A. As additional rent Lessee shaU pay its proportionate share of aU real property taxes and assessments or governmental imposItions in lieu thereof, be they speciaJ or otherwise of every kind and nature (inc]uding without limitation, assessments for public improvements or benefits whether or not commenced during the term of this Lease), water, sewer and other rents, rates and charges, excises, levies, license fees, permit fees and other authorization fees, public dues and all other charges (in each case whether general or special, ordinary or extraordinary, or foreseen or unforeseen), of every character (including all penalties or interest thereof, if incurred due 10 Lessee's late payment), which at any time during or in respect of the term of this Lease may be assessed, levied, confinned, or imposed on or in respect of or be a lien upon, or measured by the value or amount of (a) the Demised Premises or any part thereof, including any personal property, any rent therefrom or any estate, right or interest therein, or (b) any occupancy, use or possession of the Demised Premises or any part thereof (other than any franchise, capital stock or simi]ar tax of Lessor, or any income or excess profit tax of Lessor or portion thereof detennined on the basis of its general income or revenues) together with a charge equal to twenty percent (20%) of the foregoing ("Taxes"), Lessee agrees that should Lessor receive tax abatement or exemption on any portion of the premises of which the Demised Premises fonus a part, then for purposes of determining Lessee's proportionate share the term Taxes shall include an amount equal to the taxes which would have been payable in the absence of any such abatement or exemption amount. The foregoing additiona] rental shall be paid within ten (10) days of Lessor billing Lessee therefore. Lessor reserves the right to have Lessee establish a tax escrow with Lessor. In such event Lessee shall pay to Lessor an amount equal to one (1) year's taxes attributabJe to the Demised Premises and thereafter Lessee shall pay to Lessor a monthly amount reasonably determined by Lessor to cover the next tax bill. If at any time there is a shortfall in said account Lessee shall pay such shortfall to Lessor within ten (10) days of demand therefore. Lessee's proportionate share shall be based upon the ratio of the square feet of the Demised Premises to the total square feet of the occupied area of the premises covered by sueh tax bill. B, Notwithstanding the foregoing, if the Demised Premises are a part of a larger parcel, Lessor may have the Demised Premises separately assessed. In the event Lessor shall be unable to obtain a separate assessment, Lessor may obtain an identifiable breakdown of Taxes attributable to the Demised Premises. If Lessor is able to obtain from the assessor's office a separate assessment of Taxes attributable to the Demised Premises and the improvements thereon, then Lessee shal] pay Lessor in equal monthly instaIJments, the amount of Taxes so separately assessed. If no separate assessment is obtained but Lessor is able to obtain an identifiable breakdown of Taxes aIJocable to improvements on the Demised Premises then Lessee shalJ pay to Lessor, in equal monthly installments (i) the amount of Taxes separately identified for the improvements and identified, and (ii) the Taxes attributable to the land of the Shopping Center as prorated based on the ratio of the square footage of building on the Demised Premises to the total square feet of the occupied store area of thc premises covered by such tax bill. COVENANT AGAINST WITHHOLDING OF REI\'T AL 29. Notwithstanding any other provisions contained in this Lease or any extensions, modifications or renewals thereof, it is understood and agreed that in the event of default in performance of any agreement, condition, or other provisions to be performed by the Lessor, or if for any other reason Lessee might be entitled to any reimbursement from Lessor, in no event shaIJ Lessee deduct or withhold any such amount from rental payments due Lessor pursuant to the rental provision of this Lease. Please initial: WIC GG City À~ Item No.1 04 Mar¡jfi17.TOÕ5 April 12, 2 05 Page 13 22 MONTHL Y RENTAL STATEMENTS 30. The Lessor shall not be required to send to Lessee monthly statements for rentals due or to become due under the terms and conditions of this Lease. However, it is expressly agreed that monthly past due reminders shall constitute notice of default. BUILDING MAINTENANCE 31. Lessor shaU repair and maintam the foundation, roof and exterior walls. Lessee shall at all times keep the remainder of the Demised Premises in first class condition, including but not limited to lighting fixtures and equipment and shall repair or replace such fixtures when the same become inoperative and at the end of the term, shall quit and surrender such Demised Premises in such condition, ordinary wear and tear excepted and in a broom clean condition. LIGHTING FIXTURES 32. Lessee shall replace and pay for all electric bulbs, lamps, fluorescent tubes, ballasts and starters as they become inoperative. ALTERATIONS TO DEMISED PREMISES 33. In the event that any governmental authority directs any modification or alteration to the Demised Premises as the result of Lessee's occupancy, Lessee shall pay for the cost of such modification or alteration. SERVICE CONTRACT 34. If the Demised Premises includes a heating and/or air conditioning unit Lessee shall enter forthwith into a contract, subject to the Lessor's approval, for quarterly service, maintenance and repairs of the heating and air-conditioning units in the Demised Premises, which are or may become part of the Demised Premises. Lessee shall pay for and keep said contract in force during the Lease term and any renewal or extension thereof and wilJ supply Lessor with a copy of said contract. CONTINUED RENTAL OBLIGATION 35. If, for any reason, Lessee discontinues the use of the Demised Premises for the purposes rented or any purpose, Lessee shall stilI remain liable for the performance of the terms of this Lease and the payment of the rental thereunder. !NV ALIDITY OF PARTICULAR PROVISION 36. If any term or provision of this Lease or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to parties or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. PROTEST OF REAL ESTATE TAXES 37. In the event the Lessor elects to protest the real estate taxes assessed against the Demised Premises and such protest shall result in a reduction of such assessment, the Lessee agrees to pay its reasonable pro-rata share of the legal fees incurred thereby. WATER DAMAGE 38. Lessor shall have no responsibility for any loss sustained by Lessee as the result of damage to Lessee's merchandise and equipment caused by flood waters or any other water damage. ptease initial: ------.---- WIC GG Çity .náßc!tem No. 1 04 March 17, 2005 April 12, 2 05 Page 140 22 CARPETING 39. Lessee may not, without the consent of the Lessor, fasten rubber-backed carpeting to the floor of the Demised Premises with adhesives of any kind. RETURNED CHECKS 40. For a check sent in full or partial payment of any amounts owed pursuant to this Lease, or any rider thereto or modification thereof, which is not honored because of insufficient funds, uncollected funds or any other reason, there will be assessed a charge of $50.00 and all subsequent payments shall be made by cash, bank draft, certified check or money order. OLìSIDE PREMISES 41. Lessee agrees that there shall be no outdoor storage or saJes. INCREASE IN TAXES 42. Any increases in taxes resulting from construction or improvements made by or for the benefit of Lessee shall be paid solely by Lessee. LESSOR'S WORK 43. A. Lessor shall perform the work set forth on Exhibit A attached hereto and made a part hereof pursuant to Lessor's standard specifications and pursuant to the building code requirements relating to such work. Any work perfonned by Lessor in addition to the work set forth on Exhibit A shall be paid for by Lessee, Notwithstanding anything contained in this Lease to the contrary, in the event Lessor is unable to complete its work because of the faiJure of Lessee to provide or to approve plans, then Lessor's delivery of the Demised Premises shall be deemed to occur upon written notice to Lessee, and commencement of the Lease term shall be based upon the date of such notice as if Lessor had actually completed all its work upon such date. In the event Lessee sells prepared food at or from the Demised Premises then at Lessor's election either Lessee shall be required to install grease traps and install a vapor barrier on all demising walls at Lessee's cost or Lessor may install same and upon completion Lessee shall reimburse Lessor's costs for each grease trap and each vapor barrier installed. B, Any work to be perfonned by Lessee shall be at Lessee's sole cost and expense and Lessee shall not commence any work unti] (i) two (2) sets of plans and specifications are submitted and approved by Lessor in writing and (ii) Lessee furnishes Lessor with a copy of its building pennit authorizing such work. Upon completion Lessee shall furnish Lessor with a copy of the certificate of occupancy from the municipality. SIGN AGE 44. Lessee shall erect a sign on the exterior (front) of the Demised Premises which shall consist of inclividual letters pursuant to Lessor's specifications. Lessee shall repair, cJean or otherwise maintain such signage as may be reasonably required by Lessor, and upon Lessee's failure to so comply Lessor may repair or clean such sign age at Lessee's expense and upon demand Lessee shall reimburse Lessor such costs as additional rent hereunder. The location, design and material used for said sign are subject to the written consent of Lessor, such consent to be obtained prior to the installation. Upon the tennination of this Lease, Lessee shall cause such sign letters to be removed by a competent sign company and shall immediately pay to Lessor the cost of repairing any damage to the exterior of the building. SECURITY 45. Upon signing this Lease, Lessee shall deposit with Lessor $2,800.00 as security for Lessee's payment of rent and performance of its other obligations under this Lease. If Lessee defaults in its payment of rent, additional rent or perfonnance of its other obligations under this Lease, Lessor may apply all or part of the security to such default. If Lessor so applies any portion of the security, Lessee will restore the security to its originaJ amount within ten (10) days after written demand from Lessor. If Lessee pays the rent and performs all of its other obligations under this Lease, Lessor will return the unused portion of the security after the end of the term. The security will not be a limitation on Lessor's damages or other rights under this Lease or an advance payment of the rent. Lessor may 10 Please initiaL: WIC GG City ~6dtem No.1 04 Maroh17.200S April 12, 2 05 Page15022 deliver the security to a purchaser of the premises and be discharged from further liability with respect to it. Lessor will not be required to keep the security separate from its general funds and Lessee will not be entitled to interest thereon. COLLECTION COSTS 46. All costs charged to or incurred by Lessor in the enforcement of its rights under this Lease or in the collection of any amounts owed pursuant to this Lease (whether incurred out of court, at trial, on appeal or in bankruptcy proceedings), including reasonable attorney's fees and court costs, shaU be paid by Lessee; and, at the option of Lessor, shaU be deemed to be additional rent hereunder and shaU be due from Lessee to Lessor on the first day of the foUowing month. TELEPHONE LINES 47. Lessee shall be responsible for the instalJation and maintenance of any telephone lines which service the Demised Premises. All telephone lines shall be installed in a good, workmanlike manner at Lessee's cost and expense. OPTION 48. If the Lessee has not been in default under any of the terms and conditions of this Lease, and provided that Lessee is continuously operating its business in the Demised Premises, Lessee shall have the option of renewing this Lease for an additional term of three (3) years after the expiration of the original teon upon the same terms and conditions except for a new annual rental which for the first lease year shaU be three percent (3%) above the rental last in effect; for each subsequent year the rent shaU automaticaUy increase three percent (3%) per year, provided that the Lessor receives notice by registered or certified mail of Lessee's exercise of such option at least one (1) year prior to the expiration of this Lease, time being of the essence. Lessee agyees that this option to extend the teon of the Lease is personal to Lessee and is not available to any assignee or successor-in-interest to Lessee. HAZARDOUS SUBSTANCES 49. A. Lessee shalJ not conduct any activities with respect to the Demised Premises or the development which result in the generation, storage or release of any toxic, hazardous or similar substances (as those terms may be defined from time to time in any federal, state or local law, rule or regulation). Lessee shall bear all liability for any claim, injury, loss or damage to any person or the environment as a result of any such toxic, hazardous or similar substances and Lessee will save Lessor harmless and indemnify Lessor against any such loss, claim, injury or damage. B. Use of Demised Premises. Within sixty (60) days after the execution of this Lease, Lessee shalJ furnish Lessor with all Standard Industrial Classification Numbers as issued by the United States, the state in which the Demised Premises are located or any other governmental authority ("SIC"), which relate to the business of Lessee and the use and purposes for which the Demised Premises shall be utilized. C. Environmental Cleanup. At the end of the Lease term, including any renewal or extension thereof, Lessee will provide Lessor with any environmental cJearance which may be required by any governmental authority having jurisdiction. Until such time as the Demised Premises are delivered to the Lessor by the Lessee in a "clean" condition, as specified by law, Lessee will pay to Lessor the monthly rental based upon the then fair market value during said interim period, and will notify Lessor at least ninety (90) days prior to obtaining a clean condition report as specified by law. D. Prior to the Commencement Date, and thereafter upon the request of Lessor, Lessee agrees to deliver to Lessor a written statement detai]jng all processes, functions, procedures and other methods of operation used at the Demised Premises, a description of all materials to be stored at the Demised Premises and any changes, modifications or amendments thereto. E. Lessee further agyees to properly and accurately label and segregate all materials stored at the Demised Premises, as required by law. At all times during the term hereof, and upon the teffiÙnation of the teons hereof, Lessee shall comply with all applicable environmental protection laws, rules or requirements, and shall promptly cure aU violations thereof arising from its non-compliance, including but not limited to the preparation, delivery and/or fi]jng with the applicable governmental authorities and with the Lessor, of all forms, certificates, notices, documents, plans and other writings, 11 Please initial: ..""._~.._. WIC GG City "B(i\:¡¡¡cltem No. 1 04 March 17,2005 April 12, 2 05 Page16022 and the furnishing of such other infOJ1llation as may be required or requested by the Lessor, its mortgagee or any applicable governmental authority in connection with the sale, lease, transfer, mortgaging or other disposition of the building and/or lands. It is specificalJy acknowledged and agreed that the provisions of this paragraph shalJ survive the teJ1llination of this Lease, regardless of the reason or cause thereof. CONTINUED OCCUPANCY 50. A. Lessee shalJ operate its activities on the Demised Premises during the entire teJ1ll of this Lease with due diligence and efficiency. Lessee shall not vacate or abandon the Demised Premises at any time during the teJ1ll of the Lease. B. The foregoing provisions governing Lessee's activities are intended for the benefit of all tenants of the development. If Lessee fails to maintain such above activities, or vacates or abandons the Demised Premises, Lessee acknowledges that Lessor will be damaged thereby in an amount not susceptible of exact computation. Therefore, Lessee in such event agrees that for each month such violations occur it shall pay Lessor as liquidated damages an amount equal to the minimum monthly rent, which damages shalJ be paid in addition to all rent due Lessor, and that such liquidated damages shall be in addition to and not in lieu of alJ other damages to which Lessor is entitled by law or by this Lease. The parties agree that in the event of a breach or threatened breach of the foregoing covenants, in addition to all of Lessor's other rights and remedies, at law or in equity, or otherwise, Lessor shall have the right of injunction to preserve Lessee's occupancy and use. PERSONAL PROPERTY 51. Lessee shall, throughout the teJ1ll of this lease, insure (with an insurance company licensed to do business in the state in which the Demised Premises are located) its personal property, equipment and improvements for full replacement value. Lessee assumes all risk of damage to or destruction, loss or pilferage of fixtures, personal property or any improvements Lessee has made within the Demised Premises or any loss suffered by Lessee's activities resulting from any cause whatsoever and shall save and hold Lessor and its affiliates harmless from alJ claims resulting therefrom. Lessee shall have the right, at the termination of this Lease, to remove any and all equipment and other items of personal property not constituting a part of the leasehold which it may have stored or installed in the Demised Premises, including but not limited to shelving, show cases, chairs and movable machinery purchased by Lessee and which are susceptible of being moved without damage to the building, provided this right is exercised before the Lease is teJ1llinated or during the ten (10) day period immediately folJowing such termination, and provided that Lessee shall repair any damage to the Demised Premises caused hereby. The right granted Lessee in this Section 54 shan not include the right to remove any pIumbing or electrical fixtures or equipment, heating or air-conditlOning equipment, floor coverings (including wall-to-wall carpeting), glued or fastened to the floors or any pane1ing, tile or other materials fastened or attached to the walls or ceilings all of which shall be deemed to constitute a part of the freehold, and as a matter of course, shall not include the right to remove any fixtures or machinery that were furnished or paid for by Lessor. Buildings shall be left in a broom-clean condition subject to normal wear and tear, fire and other casualty, acts of God, condemnation, and the acts or omissions of Lessor, its agents, servants or employees. Any property that Lessee is entitled to remove but does not shall be deemed abandoned by Lessee, and, at the option of Lessor, shall become the property of Lessor (or at the Lessor's Option, shall be removed by Lessee at Lessee's expense). ESTOPPEL CERTIFICATES 52. Within ten (10) days after Lessor's written request therefore, Lessee shall de1iver to Lessor or to any prospective purchaser or mortgagee of the Demised Premises a written statement certifying (if such is the case) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended; that all covenants, conditions and agreements on the part of Lessor hereunder have been perfoJ1lled; and that there are no defenses or offsets to the enforcement of this Lease by Lessor, or stating those claimed by Lessee. DEFINITION AND LIABILITY OF LESSOR 53. A. The term "Lessor" as used in this Lease means only the owner for the time being of the building in which the Demised Premises are located or the owner of a leasehold interest in the building and/or the land thereunder so that in the event of sale of the building or an assignment of this Lease, or a demise of the building and/or land, Lessor shall be and hereby is entirely freed and relieved of all obligations of Lessor hereunder and it shall be deemed without further agreement between the parties ]2 Please Înitial' WIC GG City ~4ilcltem NO.1 04 March 17.2005 April 12, 2 05 Page17022 and such purchaser(s), assignee(s) or lessee(s) that the purchaser, assignee or lessee has assumed and agreed to observe and perform all obligations of Lessor hereunder. It is specifically understood and agreed that there shaH be no personal liability of Lessor in respect to any of the covenants, conditions or provisions of this Lease. In the event of a breach or default by Lessor of any of its obligations under this Lease, Lessee shall look solely to the equity of Lessor in the Shopping Center for the satisfaction of Lessee's remedies. B. Lessor's Release folJowing Transfer. In the event of any transfer or conveyance of title to the Demised Premises, Lessor herein named (or the then grantor if Lessor herein named shalJ have previously made such a transfer or conveyance) shall be automatícalJy released of all liability as respects the performance of any and alJ obligations on the part of Lessor thereafter to be performed hereunder; provided, however, that the foregoing shall not be construed as a release of Lessor or the then grantor, as the case may be, for any obligations or liabilities which arose prior to the date of such transfer or conveyance and during such party's period of ownership. PEST CONTROL 54. Lessee shaIJ enter forthwith into a contract, subject to the Lessor's approval, for monthly pest control services at the Demised Premises. Lessee shall pay for and keep said contract in force during the Lease term and any renewal or extension thereof and will supply Lessor with a copy of said contract. RADON NOTICE 55. Radon gas is a naturalJy occuning radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the county public health unit in which the Shopping Center is located. MEMORANDUM OR NOTICE OF LEASE 56. Upon request by Lessor, Lessor and Lessee agree to execute a Memorandum or Notice of Lease in recordable form pursuant to applicable state law. Upon the expiration or earlier termination of this Lease, the party who shaIJ have recorded such Memorandum or Notice of Lease shall promptly execute any necessary instrument and remove the Memorandum or Notice of Lease from the public records, and upon failure to do so, the other party is hereby appointed attorney-in-fact to execute any such instrument in the recording party's name, place and stead. CAPTIONS AND DEFINITIONS 57. Marginal captions of this Lease are solely for convenience of reference and shall not in any way limit or amplify the terms and provisions thereof. The necessary grammatical changes which shall be required to make the provisions of this Lease apply, (a) in the plural sense if there shall be more than one Lessor, and (b) to any Lessor which shaIJ be either a corporation, an association, a partnership or individual, male or female, shall in all instances be assumed as though in each case fully expressed. Unless otherwise provided, upon the termination of this Lease under any of the paragraphs hereof, the parties hereto shall be relieved of any further liability hereunder except as to acts, omissions or defaults occurring prior to such termination. WAIVER OF COVENANT OR CONDITION 58. The failure of Lessor to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any option herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment for the future of any such covenants, conditions or options, but the same be and remain in full force and effect. GOVERNING LA W 59. Lessor and Lessee agree that this Lease shall be governed by the laws of the state in which the Demised Premises are located. Lessor and Lessee hereby waive any right either may have to a jury trial in connection with any claim, counterclaim, or other dispute arising out of or in connection with this Lease. 13 Please initial: ..._-_.~<-~ WIC GG City ~cltem NO.1 04 Mareh17,200S April 12, 2 05 Page18022 NEGOTIATION AND EXECtJTION 60. The furnishing of this Lease to the Lessee by the Lessor shaH not be considered an offer to lease, even though comp]eted in every respect, until and unless the document has been executed by the appropriate officers of Lessor. No deposit of proposed rent or security deposit and no correspondence or other communication respecting this Lease shall create any obligation to go forward with this Lease until the Lease document ]s fully complctcd and executed by both the Lessor and Lessee. MISCELLANEOUS 61. A. Lessee and Lessor each warrant and represent that the party signing this Lease on behalf of each has authority to enter into this Lease and to bind Lessee and Lessor; respectively, to the tenns, covenants and conditions contained herein. Each party shall deliver to the other, upon request, all documents reasonably requested by the other evidencing such authority, including a copy of all corporate resolutions, consents or minutes reflecting the authority of persons to enter into agreements on behalf of such party, B. Relationship of the Parties. Nothing herein contained shall be deemed or construed as creating the relationship of principaJ and agent or of partnership or joint venture between Lessor and Lessee. C. Additional Rent. AH taxes, charges, costs and expenses which the Lessee is required to pay hereunder, together with all interest and penalties which may accrue thereon in the event of Lessee's failure to pay such amounts, and all damages, costs and expenses which the Lessor may incur by reason of default by the Lessee or failure on thc Lessee's part to comply with the tenns of this Lease, shaH be deemed to be additional rent, and in the event of nonpayment by the Lessee, the Lessor shall have all rights and remedies with respect thereto as the Lessor has for the non-payment of base rent referenced in this Lease. Lessee agrees that its failure to object, require documentation or otherwise challenge the validity of any invoice within thirty (30) days from Lessee's receipt shall render said statement final, binding and due. D. Prohibited Use. Notwithstanding any provIsIOns herein to the contrary, Lessee shall not operate or display any pornographic material or operate a business that is unsuitable for children to visit and patronize. E. Force Majeure. Lessor shall be excused for the period of any delay in the perfonnance of any obligations hereunder when prevented from doing so by cause beyond Lessor's control, which shall include without limitation all labor disputes, civil commotion, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulation or controls, fire or other casualty, inability to obtain any material, services or through acts of God, EARL Y TERMINATION 62. Notwithstanding anything contained herein to the contrary, if after the first eighteen (18) months of Lessee's operation during the initial term of this Lease, Lessee loses its funding for the W.l.C. program the Lessee may terminate this lease or not less than sixty (60) day prior written notice to Lessor provided that at the time of giving such notice Lessee pays Lessor two months of the then current base rent. 'Base rent' is described on Page I of this lease, THIS INSTRUMENT SHALL MERGE ALL UNDERTAKINGS, REPRESENTATIONS, UNDERSTANDINGS AND AGREEMENTS WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES HERETO WITH RESPECT TO THE DEMISED PREMISES AND THE PROVISIONS OF THIS LEASE AND SHALL CONSTITUTE THE ENTIRE LEASE UNLESS OTHERWISE HEREAFTER MODIFIED BY BOTH PARTIES IN WRITING. NEITHER PARTY HAS MADE ANY REPRESENTATIONS OR PROMISES EXCEPT AS HEREIN CONTAINED, AND NO MODIFICATION OF ANY PROVISION HEREOF SHALL BE V ALlD UNLESS IN WRITING AND SIGNED BY THE PARTIES HERETO, initial here I I to indicate you have rcad, understand and agree with the foregoing. 14 Please initial: .-- WIC tinal ~6c1tem NO.1 04 March 1.2005 April 12, 2 05 Page 190 22 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals, the corporate parties by their proper officers thereunto duly authOlized, as of the day and year first above written. LESSOR: Date: Witness: Witness: Date: Witness: Witness: LESSEE: Date: ATTEST: DWIGlIT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: ~p~ Thomas C. Palmer Assistant County Attorney Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated December 29, 1995 known as the Ronald Benderson 1995 Trust By: Randall Benderson, Trustee Ronald Benderson, Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated October 14, 1985 known as the Benderson 85-1 Trust By: Randall Benderson, Trustee BOARD ÖFCOUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Tax ID#: 15 Please initial: Agenda Item No. 6D4 April 12, 005 Page 20 f 22 EXHIBIT'A' LANDLORD'S WORK . FLORIDA In the completion oftheiI respective phases of work, both. Landlord and Tenant and/or their contractors shall comply with all building codes, ordinances, regulatioD.'l, and requirements of the appropriate Fire Insurance Rating Bureau (LaI1d1ord's approval of drawings and specifications does not release Tenant [Tom any of these obligations). Landlord shall provide plans and specifications as applicable to acquire permits aDd approvals for Landlord's scope of work and for Tenat1t's n:view (as required). Tenant shaJI be respoQsiblc for providmg necessary documentation and document submission for its scope of work. Landlord shall deliver to the Tenant the demised premises as outlined below: J1'I("TERIOR FINISH: (a) Unfinished concrete floors ready for TenaI1t finishes. (b) Demising partitions (ouo-hour) rated to be installed from floor to underside ofroof deck. Sheetrocked, taped and spackled, sanded & ready for Tenant's wan finishing. (c) Standard white (2x4) acoustical ceiling system throughout the rntire leased premises. (d) Leased premises to have one (1) rear exit door with hardware assuming leased premises is greater than 50' deep as required by code. Alarm locks by Tenant. (I:) ADA interior other than toilet room aud front door by Tenant. HEATING & AIR CONDITIONING: Balanced systcm with eJectric heat shall be instaJJ.ed on the basis of one (1) ton per 350 square feet throughout the leased premises. ßPRINKLER; If required by Code. TOU-,ET ROOM: Landlord to provide o"Oe (1) ADA approved toiJet room, 2 ifrequiIed by code at the rear of the leased premises with one (1) water closet, one (1) lavatory, and one (1) 6-gallon hot water heater. Toilet room to be equipped vvith one (1) wall !>WÌtch and one (1) combination light and exhaust fan. Toilet room !lev. ¡""';¡4 EXHIBIT'A' - LANDLORD'S WORK ~e2 Agenda Item No. 1604 April 12, 2005 Page 21 of 22 ELECTRICAL: walls to painted. Floors to be sealed or VCT. (a) Landlord to provide: 125 amp, @ l20/208, 3 Phase service (indoor panel.) Or . . 100 amp @ 480/277v, 3 Phase service (indoor panel.) at landlord's option. (b) Landlord to provide standard (2x4) Jay-in lighting fixtures to illuminate:: kased premises; one (1) fixture pa 80 square feet; surface mounted lighting in stockroom. Lights to be operated by circuit breaker . (c) Landlord to provide required emergency/exit signage. (one at front door, one at back door) (d) La.n.dlord to provide v.i.ring for signage \\'Ìth a junction box in storefront canopy for sign connection. Landlord to provide I-box w/3/4 conduit stubbed into tenant space above ceiJing leve!. Sígnage installation/wiring and optional time clock by Tenant. (e) Landlord to fully wire tbe heating and air conditioning equipment and provide one (1) standard mercury thexmostat. If required. (1) Fire Alann syste:m: ifrequirc:d by Code. If Tenant inBtalls, system must intc::rface with BDCr sprinkler monitor system 'if existing. (g) Landlord to provide power to elec1ric water heater i:a restroom (h) Provide .show window receptacles one receptacle for each 12 linear feet (measured horizontally) of show glass. Roceptacle mou.u.tcd in ceiling. -. (g) One mainten.ance receptacle next to panel. ~"'__N_.___ Agenda Item No. 604 April 12, 005 Page 22 f 22 EXHIBIT 'A' - LANDLORD'S WORK Page 3 STOREFRONTS; Landlord to provide aluminum storefront with door. ' . AlI work to be perfor:med by Landlord shall be done in accordance with the Exhibit and/or Tenant's plans and specifications (if any, as approved by Landlord) and applicable governmental code requirements. All work not specifically noted a.bove shall be performed by Tenant at Tenant's sole cost and expense. Should Tenant require: additional worl:: (not described herein), Tenant shall submit (2) sets of plans and specifications to the Landlord's office for the Landlord's review and approval prior to commencement of Te,nant's work. All Tr:mant's work to conform with all applicable governmental code requirements. Pennits must be obtajned and a certificate of occupancy issued prior to Tenant occupancy. NOTE: Landlord to make provisions for metering electric, water and gas. Tenant to make application for same and be responsible for a.ny fees in connection with same. Agenda Item No. 1605 April 12, 2005 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to award Work Order #PBS-02-45 in the amount of $149,250 to Professional Building Systems and approve a TDC Category "A" Supplemental Grant Application in the amount of $48,250 for the renovation of Vanderbilt Beach Access #7 Objective: To enhance beach access through redevelopment opportunities provided by tourist development grant funds. Considerations: In 2002, the Tourist Development Council (TDC) and BCC approved a TDC grant for $125,500 for the renovation of Vanderbilt Beach Access #7. The renovation project consists of the design, permitting and construction of a beach access boardwalk, brick paver pathway, landscaping, fencing, signage, and drainage improvements to replace the existing dirt beach access. Written quotations for the construction portion of the project were solicited from the four contractors on the County's General Contractors Service Contract. The three quotes received on March 16,2005 were as follows: Professional Building Systems Varian Construction Surety Construction $149,250 $167,650 $193,679 Staff reviewed the quotes and recommends awarding the bid to Professional Building Systems, Inc. as the lowest, qualified responsive general contractor. Due to the escalating costs of construction and the time delay caused by a lengthy pennitting process, the original project budget is not adequate to fund the construction of the project. Upon completion of site design and permitting, $106,000 of the original $125,500 budget remains available in the project fund. An amended TDC grant for the additional funds of $48,250 ($43,250 to fund the work order, plus a $5000 contingency to fund building permit fees, right-of-way permit fees, site signage and unanticipated site conditions) was recommended for approval by the Parks and Recreation Advisory Board on March 16 and the TDC on March 28, 2005. The CAC considered this grant request as an informational item at its March 10, 2005 meeting. Fiscal Impact: Funds of $106,000 are currently available in Tourist Development Council Fund (I95) Bayvjew Beach Access Project (90016). Staff has prepared a budget amendment for additional funds of $48,250 to complete the project. Funding for this project is considered part of the annual $2 million tourist tax set-aside devoted to beach park and access projects. >...-'..'-..,..,'.'.'._-"..,.,.......~, Agenda Item No. 16D5 April 12, 2005 Page 2 of 15 Growth Manaaement Impact: Ensuring public access to beaches, shores, and waterways is a directive of the Growth Management Plan. The value of the improved facilities will be inventoried in the Growth Management Plan. Recommendation: That the Board of Collier County Commissioners: 1. A ward Work Order #PBS-02~45 in the amount of $ I 49,250 to Professional Building Systems for the renovation of Vanderbilt Beach Access #7. 2. Approve the TOC Category "A" Supplemental Grant Application in the amount of$48,250. 3. Approve any necessary budget amendments. Submitted by: Amanda O. Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 1605 April 12, 2005 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1605 Recommendation to award Work Order #PBS-02-45 in the amount of $149,250 to Professional Building Systems and approve a TOC Category "A" Supplemental Grant Application in the amount of $48,25Ó for the renovation of Vanderbilt Beach Access #7 4/12/200590000 AM Meeting Date Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 3/29/2005 1 :00 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 3/29/2005 2:23 PM Approved By Gary McAlpin Costal Project Manager Date County Manager's Office Tourism 3/29/20052:58 PM Approved By Maria E. Bernal Tourist Tax Coordinator Date County Manager's Office Tourism 3/29/2005 3:44 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/30/2005 8:12 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 3/30/2005 9:23 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 4/1/200511:49 AM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 4/1/200511:57 AM Approved By OMB Coordinator Administrative Assistant Date Agenda Item No. 1605 April 12, 2005 Page 4 of 15 County Manager's Office Office of Management & Budget 4/1/200512:29 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/4/2005 10:00 AM Approved By Michael Smykowski Management & Budget Oirector Date County Manager's Office Office of Management & Budget 4/4/2005 5:27 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/6/2005 8:57 AM Agenda Item No. 16D5 April 12,2005 Page50f15 WORK ORDER #PBS-02-45 "General Con tractor's Services" Contract #02-3349, dated June 11, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Vanderbilt Beach Access # 7 Renovations (Bayview Beach Access) The work is specified in the proposal from Professional Building Systems (PBS), dated 3/16/2005, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #PBS-02-45 is assigned to Professional Building Systems (PBS). Scope of Work: Construction of the VanderbiJt Beach Access # 7 per the plans and specifications as those prepared by McGee and Associates, dated April, 2004 and revised to January, 2005 and as per the attached Collier County bid summary and PBS proposal. Schedule of Work: Complete within 60 days of Notice to Proceed after issuance of a building permit, and no later than September 30, 2005. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TOT AL FEE $149,250.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit D of the Agreement. þ~/j/[~. r-~L· REVIEWED BY: -vvt,-·<{;,'l/é4/'--'/' (~~::> Murdo Smith, Interim Director Department of Parks and Recreation 3--- ~ Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chairman Date: ~---- PROFESSI AL BUILDING SYSTEMS ice-President ATTEST: Signature (Corporate Secretary) By: Type Name and Title (1) {'ltM.J J J /:.{ Ii'--''¡¡'cok f (Print Name). arm and Legal Sufficiency: ...-----) Agenda Item No. 16D5 April 12, 2005 Page 6 of 15 (2) LLVUh1 .ÞkL,¿/YC,U./ Signature C . ,J --J'/¡ Gl f 0 t1 I1tJ r n Pel (Print Name)J Agenda Item No, 1605 Apr.il12, 2005 Page 7 of 15 GENER~LCONTp'ACTORS_ CONSTRUCTION· MANAGERS 4395 Corporate Square· Naples, Fl34104-4'154· Phone: 239/643-6527· Fax: 2391643-2767· PBScnntracrO!s.com 3/16/2005 Mr. Joe Delate Parks and Recreation Collier County Government 3300 Santa Barbara Boulevard Naples, Fl 34116 RE: Vanderbilt Beach Access #7 Bid Proposal Mr. Holder, Professional Building Systems is pleased to present for your consideration this Lump Sum Constntction Services proposal for the construction of a new access at Vanderbilt Beach including: Boardwalk: I. Removal and proper disposal of the existing wood boardwalk over the dune. '1 New pressure treated 6" x 8" piles. 3. New 5/4" IPE South American hardwood decking will be furnished and instal1ed with new 2-1/2" stainless steel screws. 4. New double 5/4"x 6" IPE top rail with 5/4" x 6" and 2" x 6" intermediate rails. 5. New #316 S5 ADA handrail. Site Furnishings: 6. Three (3) new Wausau trash receptacles with Parks and Rec logos. 7. One (1) new Bike Rack. 8. Tv./o (2) new park benches. Site Development: 9. Clear, grub, re-grade and widen the existing access path. J O. Furnish and install new concrete pavers over limerock base. 11. Furnish and remove temporary fencing. 12. Furnish and install permanent fencing. Underground 'Ctilitìes: 13. Furnish and install 22 If of FDOT "D" curb. 14. Furnish and install new stormwater structure in accord ",ith the plans and specs. 15. Provide piping for future ,vater service. Tap, backflow and hook up not included. Landscape: 16. Install landscaping, sod and Î1Tigation in accord with the plans and specifications. Miscellaneous Admin: 17. File permits on Col1ier County's behalf, within Collier County only. Agenda Item No. 1605 April 12, 2005 Page 8 of 15 18. Maintain traffic control during construction. 19. Limited Survey services are included, provided that the site plan is provided in an acceptable electronic format. Surveying to locate utilities, pavers and the centerline of the path only are included. 20. Complete boundary surveys are EXCLUDED. PBS presents for your consideration this proposal in the amount of One Hundred Forty Nine Thousand Two Hundred Fifty and 00100 dollars ($149,250.00) Exclusions: Permits, Impact Fees, Permit Fees Engineering, including ROW engineering. Environmental, or state permits. We trust this proposal is useful to you, and will aid in the selection ofPBS as your contractor. Please do not hesitate to ca1l us with any questions or comments. PROFESSIONAL BUILDING SYSTEMS Agenda !tem No. 16D5 April 12, 2005 Page 9 of 15 CO IllER COUN1Y DMSION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa BarbarA Boulevard · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353-1002 Website: colliergov.net February 17, 2005 Rc: Vanderbilt Beach Access #7 Bid Request Dear Contractor: Please provide a lump slim written quote on your letterhead to CoUier County Parks and Recreation Department for the Vanderbilt Beach Access #7 project. Please refer to the attached McGee and Associates drawings to complete your bid. Please include in your bid the folJowing: -AU labor, materials and services to provide the 100% completed and operational beach access as specified in the drawings including any cutting or filJing and associated additional fiJ] material, demoJition of existing boardwalk, disposal, clearing, etc... as necessary. -Maintenance of Traffic per Collier County M.O.T. policy and as required per Collier County R.O.W. pennit. Contractor shall provide the engineered maintenance of traffic plan, barricades, signage, cones, fencing, etc... and installation and maintenance thereof as part of their bid. This includes the submittal and obtaining of the Collier County Right-of-Way pennit (parks and Recreation shall supply the Contractor with the pennit application fee). -All land surveying, layout, etc... necessary to complete the project shall be provided by the Contractor. -Contractor shall provide and maintain for the duration of the project temporary construction fencing (minimum 6 ft. height) with lockable gates around the limits of work surrounding the entire beach access on a]J sides, including the beach side to prohibit trespassing. Felony trespass signs shall also be provided by Contractor. -CoHier County has negotiated the use of a portion of the adjacent brick paver parking lot at the Vanderbilt Shores Condominium (immediately north of beach access) for Contractor use as storage, staging and parking area. As part of this use, the Contractor shall be responsible for laying plywood or some other material over the parking area in use to avoid damage/ scuffing, etc... to the pavers and shall be responsible for returning the area to the Condominium in the same condition it was first given to the Contractor. Additionally Contractor shall be responsible for securing their area. The intent is for the Contractor to work from the parking area through the side of the beach access without going out into the right-of-way. This would include removing part of the existing hedge to accomplish that and the replacement of the plant materia] with the same size and species of plant material. c <> {~~ c '" t. :'\" Agenda Item No. 1605 April 12, 2005 Page 10 of 15 -(Despite what the design plans read...) The Contractor shall remove and dispose of the existing 4 ft. chain link fence along the north side of the beach access. -Contractor shall be responsible for submittal and obtaining Collier County building permits for the project (Parks and Recreation shall supply the Contractor with the permit application fees). -Parks and Recreation currently has obtained, or is in the process of obtaining, the remainder of the environmental permits for the beach access. -Construction of the beach access shall occur between the period of May 1 and September 30 only. Please base your prices on this time period. A non-mandatory pre-bid meeting wil] be held on-site on Wednesday, March 2, 2005 @ 9:30 a.m. Please park at Conner Park on Bluebi]] Avenue/ lmmokalee Rd. west of Vanderbilt Drive as no parking exists on-site. A County van will shuttle you tal from the beach access meeting site. The bid due date is Wednesday, March 16 @ 3pm to Collier County Parks and Recreation office via hand delivery or by fax. Please let me know if further assistance is required. Sinçe~ ~elate, ASLA Senior Project Manager Collier County Parks and Recreation Department .f ~ Agenda Item No, 16D5 April 12,2005 Page 11 of 15 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CA TEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Bayview Pedestrian Beach Access (Amended Grant) (also known as Vanderbilt Beach Access #7) (project Title) 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 2. Contact Person~ Title and Phone Number: Name: Murdo Smith, Interim Director Parks and Recreation Address: 3300 Santa Barbara Boulevard City: Naples ST: FL ZIP: 34116 Phone: 239-353-0404 FAX:239-353-1002 Other: murdosmith@coIliergov.net 3. Organization's Chief Official and Title: Fred W. Coyle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: _ In 2002, the TDC and the BCC approved a IDC grant for $125,500 for the Bayview Pedestrian Beach Access project in Vanderbilt Beach, an existing dirt beach access with a non-code compliant dune walkover. This project consisted of the design, permitting and construction of a beach access boardwalk, brick paver pedestrian pathway, landscaping, fencing, signage, and drainage improvements. Since that time, the project has been designed, permitted, and bid. Due to the escalating costs of construction, the original design! construction budget was not adequate to fund the project. Prior to bidding, there was $106,000 remaining in the project fund, with the expended funds encumbered for design costs, permit fees, surveying, etc... Bids were opened on March 16,2005 after a very tedious and lengthy design and permit review and approval process. The lowest most responsive bidder submitted a bid of $149,250. In order for the County to award the bid and construct the beach access, additional funds of $48,250 are required, Agenda Item No. 1605 April 12, 2005 Page 12 of 15 Collier County Tourist Development Council Category "A" Grant Application Page 2 EXHIBIT A Bavview Pedestrian Beach Access (Amended Grant) (Project Title) including a contingency of $5,000 for building permit fees, right-of-way fees, site signage and unanticipated site conditions. 5. Estimated project start date: March, 2003 (original start date) 6. Estimated project duration: originally: 6 months; actual: 32 months (11/2005) 7. Total TDC Tax Funds Requested: original grant: (this request) amended grant: new project total $125,000 $ 48,250 $173,250 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested Citytraxing District Share State of Florida Share Federal Share $ 48,250 $ $ $ TOTAL $ 48.250 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Construction Costs Permits, Signage, Contingency $43,250 $ 5,000 Agenda Item No. 16D5 April 12, 2005 Page 13 of 15 Collier County Tourist Development Council Category "A" Grant Application Page 3 EXHIBIT A Bavview Pedestrian Beach Access (Amended Grant) (project Title) TOTAL $48,250 This amended grant was reviewed by PARAB on 3/16/5 and they unanimously recommended approval (5-0 vote). I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comPI::"~~~ria. ~~ 3 - 1~-oS-- Signature of Sponsor Organization's Chief Official Date '''''--''-''~''_. ~«(L co -0 C ([) C) « - ~ :J ill 8 ~ fu g è ~ z ~ 0 fii 0 ~ ~ ;: g ill ro ..J > (!) 0:: o Z ill ro 0 Z ~ ~ ~ o g 8 ~ 13 115 ~ ~ ~ WOOf- a CJ 0 W ill ill ogs~gj za.a.a. wooo (9ææ[ w -I ~~, ø a. N o I . ·!UI ~lh;'1 $JH3~ --- --- {f'J œ w ~ a. tü (!) CJ ~ W .... ill œ ü Z o U ill > ~ œ o ü uJ CJ CJ W (!) o a. o œ a. ::.::: ~ CJ ð 00 o w ~ > w -' w o w (fJ o a. o 0:: a.. (Yk] ~...(~-.. ~....CÞOl).-.... þllfC.,....,......... .......................... ---...~~.- e..tn~O.~J...O.JIv .d/iX)8PUO, ~þ' f .'»f;?}tt I \ \ \ \ 1,).11 . I 01 '<t Ol( ) ---- ill () z w "- a uJ (fJ ~ o 0:: a.. CJ) ::;; ill !:: ~ a. a ill (fJ 5 w 0:: CJ) W ~ () õ z o z ëi :J o -' () -i. a it' o ¿ oJ t ~~ f-Õ zU :>a: Ñ ~~3 d 00 :z t-"- U t:: 0::Je-í 5 -I~~ ~o t- a::" c: :z 5ö: õ:5 ¡¡; E]«J (.)->< ::f~. ~ ... g of-25 ã\¡;) :!.Q ocu..æ èr) õ~ ~oo ~ u~~ :5 ffiw~ ~~5 o ~rDU baei ~~~ Of-U t;:¡:5u. w"-O ....z'" -'" ~f3gj ~ ¡::æGJ ¡¡: :ooa: ã2 ~~~ ~ w '" ~ ~~~ ~ 0::> wO >u ~~~f5 "'~tia:3 ~uLa...wo tii. ~ŒJU fij~5~èñ ¡¡~~ z o ¡:: ~ ill -' l1J a z :J o a:: o o z ¡:: (fJ 1;) (fJ ill 5 ëi ;?: œ: ° (f} W W œ:Cú œ: 00 o I"- I (f}"'¡- (/):2: n :JLL :J--'-Ï _Z:JLL m-ü œ:~ (/) WO..-w 0°0)-1 zZc.oCL 4:004: >0..-2 '" c:i z t:: z :J f- Z Õ 0.. ,... '" ~ ... -- ~ Uflu M3~ TMß¡\O - NV1d 3US NOtLV^OI9I L# .IJ./1IOVJ SS300V H:)V38 ~RIO 3HOHS .IlnÐ NOILV3H03Ii If S)QIVd .uNf'IOO H3moo --- '. .---- --- --- V1 f=' ~ t:J Q "' t) o V œ: ° WCX) œ:O 0..- (/) I..,¡- _ (/)n 2:2: O:Ju...-Ï (/)ZSlL. z - ,,, 4::2:........ui" :2:°nw °n-' WZc.oCL IOO4: l-ü..-2 :1:0> UI ;:Sea CD", d~ g¡"- LD ~.-; ~a! "- V1 a:r "-, ~2 ~ Uf- \ . Z ;< :0 .~\ ~ o:.Ù)CDw~ ò'1~ .\>-\ we. gtÔ w . :l:W Ä: ~\''- U> ... -",\0 .. ';- \\ ~ \ ~ <>- \5 <!:>t- \\;>0 ",-' ..:>'" §.s o-J V..)( ... l.> '" 0 '- -0 ~q; vVJ \ \- w tf) ::> ..J -< U ~ "- f- :z w !1i: Go f- i'5 '" ::> :z 0... ","<,< a: ~o 5~ 5~ ~j" -.?~·<o. ":".l(,ð ~<9 '<92$ , 1--"'- C~.\'B€ ct\.. ùtS Ç'\Jß\.\C . Ç'p.,1'< 1'01'< :'i \ 0 st""t~í 1't.??\J'. '{!. ..... r¿t>: /'.\..y.,~p.,'( o~\..'( ___.---- '-N t \..\~t ___--- í\ --- -- :'i ___ __ -- ç:> (.8. 1'\.1' --- --- --- ---- ------- ----- --- --- '",- '" ¡ 0.. « ü ~ 1:: 0- -z. % \:! V> z ä:: z o ________ ._____.m ~_ _.____ L()L()L() ,...0 :5 :: '10 ,'\Î~ Ž::Q) E '§. g' ,ª<CL CO -0 c:: Q) 0) « - I ~.o. '! - " ... I· - C') ... - 00 " I ~t N - N ... - 00 " - ¡ 0 r-- .... - >- ... ... - - " - '! - - .... " ... ...... ~I - f-- gr- ~I .~ N - - - ~I - I-- ,!I - I . ....... " ~ - - <Þ " 0 c;::! 0 N - - -0 " 0 ..... >- ... - ... 51 ~I .1 M ... - II) " - I 0 I ...~~ ~ õ - ..... ... I - I Õ ~ ..... =It C) C) It) fI C) It) "". - C) N M fI rJ It) .. "" 0 cñ It) ... ( ,) () ... ... .... (.) .... .... (.) I « - .s::: I (.) ns ( ,) .. CD 'Š c j¡j 0 .. f- " 0 :!:: z GI :¡:¡ I- :.õ w a- u > ...... ::J ti ~ w c " GI .. ( ,) 1:1'1 VI .... "C .¡¡¡ c e c GI 0 a- J ns Q u L.? EXECUTIVE SUMMARY Agenda Item No. 16E1 April 12, 2005 Page 1 of 6 Recommendation to donate one surplus ambulance to Glory Bound, Inc. (Estimated Value: $15,000) OBJECTIVE: To donate one surplus ambulance to Glory Bound, Inc. to be furnished to the Central American Fire Council. CONSIDERATION: The Emergency Medical Services Department received a request from Glory Bound, Inc. a US based 501 C3 corporation to donate one surplus ambulance to them and they will donate it to the Central American Fire Council. The donated ambulance will be sent to the Nicaraguan Fire Forces to provide emergency medical services to the area. Glory Bound has acquired and shipped over 15 pallets of equipment valued at $145,000 to the region. This donation will greatly help the citizens of Nicaragua. This ambulance is one of the last 1996 models we are retiring from the fleet and has 204,860 miles. It is surplus due to its age and mileage. Asset number is 960123. Pursuant to Florida Statue 274.05/06 donations must be made to 501 (c)(3) Non-Profit corporations. The backup documentation is attached. Staff recommends this donation to Glory Bound, Inc. FISCAL IMPACT: There is no fiscal impact associated with this donation. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the donation of this surplus ambulance to Glory Bound, Inc. Prepared by: Scott D. Johnson, Purchasing Agent, Purchasing Department - Agenda Item No, 16E1 April 12, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E1 Meeting Date Recommendation that the Board of County Commissioners approves the donation of this surplus ambulance to Glory Bound, Inc 4/12/200590000 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 3/23/2005 8:19 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/25/2005 11 :03 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 3/29120053:26 PM Approved By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 3/29/2005 3:57 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin, 3/31/200511:57 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/20058:44 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/1/200512;44 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/4/2005 11; 18 AM -~_.- Agenda Item No. 16E1 April 12, 2005 Page 3 of 6 j/A'·':\ "'...., ~ - .1t ' " ~ . ~ '"...t-" ~I" (,...'\ CONSULADO GENERAL DE LA REPUBLICA DE NICARAGUA 8532 SW 8th Street, Suite 270 Miami, FL 33144 RUS-071-2005 February 23, 2005 Board of County Commissioners Collier County, FL Honorable Commissioners: I would like to thank the Board of County Commissioners of Collier County for considering in donating an ambulance to the Nicaraguan Fire Department. As you may know, we are in need of newer equipments since the ones available to us now are in poor and deplorable conditions. Mr. Rene Selva, a resident of Collier County and fonner Officer in the Nicaraguan Volunteer Fire Service, has been working alongside Mr. Alan McLaughlin in providing fire equipments for our Fire Department. . . We greatly appreciate any assistance you may provide us with. In advance we thank you for your efforts and have much gratitude. Sihèerely, 305-265-1415 (PH) - 305-265-1780 (FX) - www.consuladonicamiami.com - Agenda Item No. 16E1 April 12, 2005 Page 4 of 6 Glory Bound Inc. 3250 Cypress Glen Way # 402 Naples, FL 34109 941-254-1499 Non-Profit Fed I.D. 65-1023857 d Mark /6:/5 Go Ye into all/he world ... .. Mr. Jeff Page Chief of Collier COlUlty Emergency Services 3301 Tamiami Trail East Naples, Fl 34102 11/9/2004 Dear Mr. Page: I have been conducting relief efforts in Central America since 1999. I am a representative of Glory BOlUld Inc. and Restoration Church of Naples. I began with Restoration Church implementing Video bible colleges in Honduras. Soon after witnessing the devastation left by hurricane Mitch to the emergency services Fred Esch and myself began Glory BOlUld Inc for the purpose of gathering emergency service equipment and placing it in towns of need. While Glory Bound has expanded to include a international church council and church facilities I am stilI involved with gathering and supplying fire and ems equipment to needy cities. Presently to date we have shipped three fire apparatus and 15 pallets of equipment to needy services valued at $145,000. Our organization has no administrative costs other than licensing and office supplies so all donated money are used for shipping and travel. I recently was invited to Managua Nicaragua for the 40th meeting of the Central American Fire Council. The chief of the Nicaraguan fire forces, Ricardo Selva, had requested any help we could give. Presently there are several needs for fire equipment however they are also in need of an ambulance and any medical equipment that could be provided. As you are well aware medical standards in other countries are quite different than what we operate under here. Much equipment that is considered outdated or unusable would be put to use in other countries. If your agency or any agency you aware of would consider donating used equipment it would be greatly appreciated. Donations can be made to Glory Bound Inc or to the Joaquin Vigil Lejarza Foundation that is a Miami based organization, which receives donations on behalf of the Nicaraguan Fire Service. I have worked with this foundation for the last three years and found that most of the members are fonner firefighters who fled the Sandinista government and immigrated to the U.S. We will provide letters from all agencies that receive donations. Your consideration for this cause would be greatly appreciated. Sincerely, Alan McLaughlin 1303 Cooper Drive Naples, Fl 34103 -- CC: Fred Esch Predident, Glory Bound, Inc --=-.....c._ . .. . .,,- Agenda Item No. 16E1 April 12. 2005 Page 5 of 6 ... ::,.:... ~·,it,\t :F,J.?;.,,'. :..~ -.f ,.. f~, ...., ,..,~ -í" !' ~ ,- ~'\', ,,-fl:; -~, ,,,,", . . "'"'-.; ..oN ,/., - .""" ~ - - '"' ~ - '~~~:.' ~--i'~..~ .';<'~ "'"'- -". " . " """',..... /. ., .-'., .\ : rili{}~~~~.~.:<:~:: Florida Department of Agriculture & Consumer Services CHARLES H. BRONSON, Commissioner Tallahassee, Florida July 21, 2004 Division ofConsumcr Services 2005 Apalachec PIcwy Tallahassee, Florida 32399-6500 Phone: l-BOO-HELP-FLA URL: http://www.800helpfla.com Refer To: CHl4041 ""L .. GLORY BOUND INC. 3250 CYPRESS GLEN WAY APT 402 NAPLES, FL 34109-3878 RE: GLORY BOUND INC. REGISTRATION#: CHl4041 EXPIRATION DATE: May 23,2005 Dear Sir or Madam:' . '-'-'- --------- - *- .,.. The above--named organization/sponsor has complied with the registration ~irements of Chapter 496, Florida Statutes, the Solicitation of Contributions Act. A COpy OF J'HIS LEITER SHOULD BE RETAINED FOR YOUR RECORDS. .. , / ~ . Every charitable organization or sponsor whicb is required to 'register under s. 496.405 must conspicuously display the registration number issued by the Department and iÍ1 capital letters the following statement on every printed solicitation, written confinnation, receipt. or reminder of a contribution: "A COpy OF TIIE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM TIlE DMSION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435- 7352) WITHIN THE STATE. REGISTRATION OOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE." The Solicitation of Contributions Act requires an annual renewal statement to be filed on or before the date of expiration of the previous registration. The Department will send a renewal package approximately 60 days prior to the date of expiration as shown above. Thank you for your cooperation. If we may be of further assistance, please contact the Solicitation of Contributions section. --~ --- ---- --- ----- -------- - -~ -- ~-------- Sincerely, ... '1114111 Walter Johnson ReguJatory Consultant 8So-410-3761/800-43S-7352(Florida Only) E-mail: johnsow@doacs.state.fl.us I r' ~ .~ ,-,,- DBPAR.TMBNT OF THB TREASURY i~~L·. ;~P.Y.BOUND n1t: 3250 CYPRESS -~EN WAY 402 NAPLES, FL 34109-3878 Bmployer Identification NUmber: 65-1023057 DLN: 204288443 Contact Person: D. A. DONNING ID# 31805 Contact Telephone Number: (877) 829-5500 Advance Ruling Period Ending Date: December 31, 2004 . D~:r-App.1.i4cant;: '. . -' .-,'. "".' , "":"..~: '~':;~(~~i~~,~"_". This is the advance ruling follow-up mentioned in your exemption letter. The exemption letter stated you were exempt from Federal income tax under section 501 (c) (3) of the :Internal Revenue Code and that during your advance ruling period you would be treated as a publicly supPorted organization and not as a private foundation. :r:t also stated that at the end of your;: advance ruling period you would have to establish that you were, in fact, a publicly supported organization. ." Our records indicate that your advànce ruling period has ended. You need to establish that you are a publicly supported organization under either sections 509(a) (1) and 170 (b) (1) (A) (vi) or section 509 (a) (2) of the Code. Therefore, complete the enclosed Form 9734, Support Schedule for Advance Ruling Period, for- the tax years in your advance ruling period and send it to: Internal Revenue Service P.O. Box 192 Covington, KY 41012-0192 If we do not receive this information within 90 days aftir the end of your advance ruling period, we will presume that you are a private foundation. If you have any questions regarding this matter, .please call our toll-free number between the hours of 8:00 a.m. - 6:30 p.m. Eastern time. Sincerely yours, ~f~~'--" Lois G. Lérner Director, Exempt Organizations Rulings and Agreements Enclosure: Form 8734 Letter 1046 (DO/CG) -- -- "<.'------.. Agenda Item No. 16E2 April 12, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to ratify additions to, modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan made from December 18, 2004 through March 23,2005. OBJECTIVE: For the Board of County Commissioners to ratify additions to, modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan. CONSIDERATION: Attached, as Exhibit 1, are additions to, modifications to and deletions rrom the County's 2005 Fiscal Year Pay and Classification Plan that were made between December 18, 2004 and March 23, 2005. The additions result nom reviews of classifications in certain departments, the establishment of a new property maintenance ordinance and a need to add management/technical depth in certain divisions. The modifications result nom reviews of classifications in certain departments and a comparison to market data. The deletions result from certain classifications becoming obsolete as a result of organizational realignments and the combining of certain classifications. These additions, modifications and deletions have occUlTed since the Pay and Classification Plan was approved in September 2004 FISCAL IMP ACT: The results of this action will have a fiscal impact to the County for minimal salary adjustments which are absorbed by individual departments. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners ratify additions to, modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan. Prepared by: Donald B. Albonesi, Manager - Compensation, Human Resources Department 1 Agenda Item No. 16E2 April 12, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E2 Meeting Date Recommendation to ratify additions to modifications to and deletions from tile 2005 Fiscal Year Pay and Classification Plan made from December 18. 2004 through March 23, 2005. 4112/200590000 AM Prepared By Date Donald Albonesi Compensation Manager 3/28/20053:41 :41 PM Administrative Services Human Resources Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 3/28/2005 3:40 PM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 3/29/2005 8:30 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 3/311200512:00 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/2005 8:45 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/412005 2:45 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 414/2005 7:45 PM NL{).q- WD_ c.oOO ~NCY") ON Q) Z"- Q') -('0 E ï:: 0... Q)Cl. =< ('0 l:J C Q) Q') < o It) _ 0 II) 0 c: N o ¡ C") ~E~ä:~ ,.. CO c: U -OQ)O~ :S~>:t:iCO o LL CO :E ~:EII)COUJ: _ C:Ur¡:: :c 0 0 .! '¡ ~ -:t:iLLII)O ~~:~~£ WOCO..... ;E!....N..._ ... Q) c: ::::: "C c: _ CO ::': "C CO;; ,... <C COCO "C D..~ Q) ~ II) Q) o .Q o E ~ Q) D.. U Q) C .s I: CD E E o o E :J E 11 ::æ E C1I :J Do .5 I: :i ~ -81 iLl e t:) I: o :¡:¡ :J ¡¡:: ïi (I) C1I Õ "'0 Q) - Q) o m .0 o c: o :¡::¡ CtI U <;::: ëjj m CtI 13 ~ ã) o ..c:: - .¡ -0 0) c: 15 E 8 c: ëñ o >- ~ëti ~ c: ëjj <: m m CtI § 13:¡::¡ 2" .~ O)ã. ã) a. 0<: co N C'") ,.: o T"" ~ It) "'" -.:t cD (C ~ C'") co a> Ñ "'" ~ a> C'") T"" ì T"" C'") T"" N m c: o :;::s œ 0) a. o c: o :¡::¡ -ê o a. m c: œ I- - m >- ëti c: « 00 a I ... ~ ~ is ro m ro ~ "'0 0 0) a. - ... ~< "Ë (jj c: o :¡::¡ ro U t;:: ëñ m ro 13 0) - 0) ã) o - ro c: o ~ "2 CtI ~ o !þ 0.::: - 0 :J..c:: m:5 ~<: o a> co T"" It) ~ (C (C a> Ñ C'") ~ (C T"" c: co '(3 '2 ..c:: U 0) I- m - c: œ C) ..c:: - .¡ "'0 0) c: :ë E 8 c:_ o m :¡::¡ >- roëti ~ c: ëjj « m m J2 § U:¡::¡ åi ~ - .- 0)- - a. Q) a. 0« It) "'" -.:t cD (C ~ a> C'") T"" ..¡ ~ T"" N - m >- ëti c: « 00 æ :J: m .0 CtI ...J 0) ..c:: - m.!: ro m -0.0 0) 0 ..c::'~ Jg~ .0.... $0 m :3= 0) 0) § .;;: ;:;~ ~ 0) !E£Õ m.... m 0 co_ 133 . - t/) -0 0) -0 ... « ro ~ C'") c:i (C ~ It) "'" o c:i ~ a> T"" ]2 ëti "(3 0) a. 00 ~ c: œ ;: m .:f >- :-=: ëti ;: o ~ o - œ o .0 CtI ...J ro m ro~ "'0 0 ~e- ~< "Ë ãi - c: 0) 0 c::;:::¡ o ro :¡::¡ N CtI .- U c: t;:: ro .- Q') m ... m 0 ~!þ .- 0 .- ~-6 CD-..c:: ã)~:5 O~« ~ a> cD "'" ~ "'" a> q T"" It) ~ ~ ~ o e- « I ~ c: ro c: ü: I ... CD 0) CtI c: ro ~ ~ ~ .... E 0 e :3= .... CD "'0 .;;: Q) CD -0 ... ~'õ 0)_ 0.- ro ;: ~ãi §!!:~ :::>roQ) roUJ-t!: ~Ctlro ëjj -.:t E mNQ) ro - > 13~:2 .- CD- ~õ ~ -o-E ON 0 ~ N U ~ a> cD "'" ~ (:) en en (:) T"" ~ Z W C) ð ü a:J m -0 C ( ) :i "'" a> q T"" It) ~ ~ m c: o :¡::¡ ro (jj c::: ... o .0 ro ...J -- CD CD >- o ã. E w en c .2 ãi ;: ëti > Q) .0 .2. I ... CD 0) ro c: ro ~ NI.D<::t ..lU 8 õ '".<::t NO) :ž::~ E':::Q O)e. ;::« ro u c 0) OJ « III - c: GI E E o o E ::I E GI "f~ ::! E ::I E c: !i iJ j/ ~ ~ .E 8 c: Q) .r::. ~ i~~~ .r::.CIO.!!!8 .f:G Lt) c: :õ ~ .~ ~ ~~~8 ... Q) "0 a~c.Q) ti;E2<õ u ::I c. ... =ZaI& ïi5~"O¡;;;- ~ c: ~ § õ¡g~1: :g~,g: <to.5.E ; .... ~ fß- .... Lt) C> Lñ C'? fß- "" .... CD fIJ co ~ .5 >- o aI _aJ ~ c: .r::. ~ fIJ= = Q) .00.. co_ ëi.í aI CD.r::. c:- o c. ~ CD ~~ 0.;::: c: .- CD ~ E co CD õO) (tJ . - c: "0 (tJ ~ E C> CIO N ri "" fß- ~ to CIO- ;¡ C'? N m ~ñi > c: o.Q o·~ - > "O'õ CD ... iB.Q. = (tJ .0 E $- fIJ 0 Q) c: c: 0 fIJ ,gti;E B"E:.!!! o.;:::CDfIJ "(ñ E ~ ~ Æ i!! õc.(tJ ~.~~ <t:5(1) Lt) "" 'Ot g fß- C> C'? .... Í .... N >- "t: Q) c._ 2 (tJ C. fIJ .9 æ "0 '0 ~ ï: .f:G 'Ú :õ Q) co I- ¡~ fIJ aiL ~ ~ 0.;::: ïi5 fIJ (tJ (j -ë ~ C> CIO to Ñ ;¡ o N .... ,...: N fß- N ...- - c: i!! fIJ ... - G!g ~c: .- (tJ fIJ-.J fIJ Q) ~.r::. u_ jõ Æ :it E .~ o > J:: ! "0 CD CD.r::. "0 - ~õ 0)_ c.- ::I ¡¡¡ a i!! . :;:::(tJfIJ ~fIJ~ o.;:::CO-.J ëñ .... CD flJN.r::. co- - (jQ)c: > '- .i-~ fIJ .- 0.0 "0 _ .Q. °0- :2:Nñi ë..õ E :it CD CD >< .- CD ~ E ... o CD J:::5 fIJ_ ::I 0 -- $:; fIJ fIJ fIJ <Ci!!¡§ ~aI'g u.. fIJ co CDco-.J 0) - CD c: c..r::. co E - .r::.Q)- u >< co . _ CD fIJ ~c:.o 'õ o.Q. o c: CD """o.r::. c::__ ~ C'? Ó to fß- o m o ...- ~ Z w ø ð (.) aJ iii "0 c: CD }f Lt) "" 'Ot cD to fß- C> M .... Í .... N Lt) "" q o ;¡ C> ...- - fIJ fIJ .f:G CD c: ñi u 0 '0 "~ ... :;::: CD CD 0 ~ c. 00 ï:: 8. 00 ~ ~ >- CD :il 0 co 00 .9 c: aJ ûf ñi ~ i2 (tJ c: "0 0 "0 c: .~ >- 8- .0 c: c: $ ñi co co fIJ 0 c: G) ~ 00 -.J -.J c: :¡:¡ "æ 0.. CD I I .Q ca :2: I fIJ ¡ ... ... <õ c: 0 0 u ~ ... 0 fIJ fIJ ::I I;:: CD :;::: $: .~ .~ ñi "ii 0) CD co ~ Q) ~ > In C. c: CD :g C. CD ca 2 aI C. Õ ::I ::I .0 Õ 0.. :2: 0 00 00 00 .2. Agenda Item No, 16E3 April 12, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to Approve the Award of Bid No. 05-3790 to Trugreen Landcare, for grounds maintenance for Satellite Facilities OBJECTIVE: To award Bid No, #05-3790, to TruGreen Landcare for grounds maintenance for satellite facilities. CONSIDERATION: The Department of Facilities Management supervises grounds maintenance services, through an outside vendor, to over 37 county-owned satellite facilities. Through the competitive bid process, private contractors are solicited to provide bids providing the needed services to ensure that County properties are kept neat, clean, and professionally landscaped. The landscaping contractor is responsible for furnishing all necessary labor and material to perform landscaping maintenance, i.e., mowing, edging, weed-eating, trimming trees and hedges, and horticulture and trash removal. - On January 31, 2005, formal bid invitations were posted in the lobby of the Purchasing building and distributed to 51 firms that provide these services, On February 23, 2005, bids were received and opened from four (4) firms. All references were checked and site visits made by the competing firms. Upon the review and evaluation of all bids, Facilities Management determined that the lowest, "qualified and responsive" bidder is TruGreen Landcare. After having worked with TruGreen Landcare for the past four (4) years at the main government complex, the Department of Facilities Management knows that TruGreen Landcare is more than qualified to maintain, to our expectations, the County satellites. The annual cost for the service for satellite facilities will be $237,084.00, Funds are budgeted within Facilities Management FISCAL IMPACT: Annual cost will be $237,084. Funds are available in Facilities Management's Landscaping cost center. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners award Bid No. 05- 3790, Grounds Maintenance for Satellite Facilities to TruGreen Landcare, and authorize Facilities Management staff to approve additional work if needed, not to exceed the department cost center. PREPARED BY: Daniel R. Rodriguez, MBA, CFM, Facilities Manager, Facilities Management Department - Agenda Item No. 16E3 April 12, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E3 Meeting Date Request Board to approve the award of Bid No. 05-3790 to Trugreen Landcare for grounds maintenance for satellite facilities, for an annual cost of $237,08400 4/121'20059:0000 AM Approved By- Scott Johnson Purchasing Agent Date Administrative Services Purchasing 3/29120059:54 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 312912005 2:06 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 31'2912005 4:40 PM Approved By Daniel R. Rodriguez, M.B.A. Facilities Manager Date Administrative Services Facilities Management 3130/2005 8:34 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 313012005 10;03 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 411/20058;57 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1120059:16 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 414/2005 3:11 PM Approved By James V. Mudd County Manager Date Board of County Commìssioners County Manager's Office 416120059;36 AM C"') 1.0 L() WO<+- lOOO 't"'"'NC"') cìÑw Z"- 0) -(1) E ,::: CL wOo =<: (1) ü c CJ OJ <: '" ë '" (f; ~ '" .S: ë z .. .. ª ;;; .. .... ~ Š .. on .S! .. CJ C .. C S c: õi ::E '" ..0", -g~.a :s co:' 0): 0"'.... ¡;i;::: ,,0 ,,- := c "'Q õ1ií <>-;; ei 0...... !~ I~ I-E IË 15 ¡,~ ,> I~ ,~ I~ iÆ ~;I g:! S¡i~ IU S ~ == c: i~ i h- i ê'i 0:; '..) I: ¡ i- -' '" ",I a¡ <J) (131 0 8- °1 ~ i'J ~~fII - «:-g ~ co Il. '" co = DO ." -c o II:: c: .. C & :Ii - CJ co '[ a.. .¡; ö:i ¡,; ¡¡; o g ~ o c!o C =' c, C. c c ~g ö::: -0 t;IO IX '..c; -- ~- "J' - .¡,.<}¡>A \4 ~ ¿~! ,g- ~tg 12 ~., :::'I~I . 'Xi I ~~"""I ~.;A - ~I~I gig r-2i~f ~ g :- ~'I ." ;¿ ¡ : 1 ~,..I I.. ~ "1"'1 !p'o ~!i i~lª I I g g oc ~~ 'Xi 18 g 10 C o C ;: ~ ,= "I c.:=> c ¿ ,.:; 0 ~ ., ...: .,QI -¡ l~i;J ,~.! i i ..I", gig: c¡::=>' c'o· r-- ;:.. .. '" -1- '~12 ~~ 'Xi , I I I I I~i.. <> ð " c <1 ..J C " ., ð :¡ ¡ò: ~II~ 'I~~' I~!I~ ox: C"\ :::::::. c c ~ ~ :-;; ~I~ : ¡! 1 I I I, ! II I! : I ~...I I.. '" ...:..[ .. ~ .. '" ~181 '::ju, 51"iii' :g §~ ~ ~I fA <0 I c <0 ! m .. :ë Q; " c: .. > z o ~ a.. iX u (f) ~ I," .~ I~ , <0 ro i I i~, ! 1 i I ::E w ~ - I'" ¡:š ~I uo 110 Ii - " :: c 01 c: :;,< ;A ~ i ;.;..q¡...... - -I ~ ~I O~I:co o co o 6, :=-101 0"1 1 I . I ~I~' .- ..... 'Ai gg !~ ~ ! vi .... '" ~~ ~¡~! !8 ~ oUI 1:;;0 'i~1 :¡:,§ 1: § E! I:: 0.-' «1,.01 t: :;~ e,:;< '«: 01 .0' <>1 :; , <.:I' I "", ~ <0' ~I .c' ul c' ." ,D' , " '" 1 tI3! ~¡ 1 <=1 :!! .01 ~t I~! <0, w if¡' :a : <.:I ; 01 Ij I : .., ... i I I (j) V; '0 0 I~ ~ :~ ê 10 " ':ii,< Ji <0 ,.0 I~ ,<.> 'c II; ~I' '" ¡¡; I¡~i 01 <.91 I '" I í 1 I , I ~ fil :iil r <11 iUJ . I I ! I p-! ' II ee o c. ~g ",' ¡~:g ¿je 9i~ ¡ ~r:~: !~ ~1 ~.!~J ¡V). ~ -:~I ~I >, > I ~,~ i"'I...: ¡ 1 ......1 1A1~ -=:=:>í '::¡~-j Ci 0~ ~'~1 g g gig iO c cl .0;1 "I!i ! '-"'I.... ""I""" Ig:g ~:::: =:;IC ~o ~ ... "4 .... C¡O -=.1= \rI;C N,O ~ - ~- e <:, e <: ~ :; .,{j i C e co c \(": ~ ~" ~~ c õ " c t; ~ ..: Q(J" - ~ - I I I 1..1... 8.!~ §:I';¡¡ '" -c .,. j....:.... -- .... - XC ~C -ice " "" ~ \0_1 ~i §; § I ,~ g: ¿I co 0.1==> co 0 ¡; ~ ~ .. ... 1 i ""i,;,¡r; .......... oIA "4 i~¡"" ~r~ i~~1 ~'~! I~~ ~ ê ~ ~I -'=~, -c:¡ o E: .... 0 ¡:: § ê¡ g 2! :; ~ ~ :ii ~I :ii <0: (~ < I,~ 1 ~ C': 1 <.> OJ I .~ if) 1 " il! ~ f I ~IE ~ ~ ~ ü I' Æ ¡¡ ~ º ~ u 10 <.9 I U¡7ii o 0 uo I~ "iiil .c '" § ê :ii~ i I >< <ii' 1; .:¡ "'" <.> C e II] '" '" :<:1 o E E ... I ~I 1 '" - -, , ¡ X. _.1 _ õ ~ ~-I 1 I ~I... g8 g,!g c c 8:8 g ~ ~I"'_ IC_lc, r .. -I~ 12 ~I ,.; I ¡~ ~ Ie Ie - j~ :; ,.: .... ... c _ ç c ~:xi "'''' .,. ~ ~ ~ûi 88 ~¡¡; .c " ¡§¡ê I:::¡¡¡«: ~: I c' I ", ~I '" ¡jl i,~ II' i '" ~I ~! ~,,-I' ~I !31 ~I I ~ gi8 I? ", 01= ;110 I::;ì g¡= ~i~ ¡gg: r-~ 00 - ~r: ':1tJ' ! 1 ~ ~ 'A WIt .....~.... ..". ~ ......". ôA ~ c c C '" '" '" " '" .., '" ..,. -I""" gg ,..:.,. ~~ ..; "'" '-"t <'4 loA .(,It ~I -;¡i) o 0 uu 1~ ~ ;g § :::¡¡,~ '" .,. O'C 0:1'=', OjCI gi;¡ I I' gg " ..,. ~'" ~ I::~ ,- gg 6 c, -..c <"'0, ~... ~: ... '" .. .... o c, co 0' ~ g¡ '" c - '" 88 r-: "'It' -0 ::- ~ a: ., ~I o 01 UU ~õi .c " - :: :5 " ~~< ~I C': at (f) ~ ~ " E UJ Ii ~, ':§i o Z ... !- I C') l.() L{) ;J.! g Õ ":7 ,...,,¡ Q) Z= ~ E'C CL! g Q) 0.. ._ =« ,; CO lð -0 l<õ ~ gj OJ 'E <! :ð IÆ .. .. :g -¡¡ .. ... :ê ! .. III .e CD u c .. c ~ i ïi I :II! '" wo"''i' -g::;~ g~u. ë;i¡:: ~ 1:: " V1 WI " " õ z :gfj S ¡:: IU ~i ~ ~ ~ ~ ~£ g~ u " C oð- j .¡j' .. ~ -' '" Qji '0 CIJ 10 88. ~ ~ ~ s; ~-g N ÆI ~ CD " .2' .;;¡ o II: c .. o ¡;, :I u 'i 0.. i:i ä5 oj 16 ~ c ,'! ~ Qj.2 ~ .~ ulO ,,'3 0-'" - .. 0...... ~Ig ~,8 ",' '" Ii > LIJ i U~ I; : v:i ~..... 00 0·0 cl6 cIa .... '" ..,; ""'1'-4 !! .. U " C .. ..J C " !! c:;J " .= :58 1""": -.0 '" '" .-. '" .¿ .... "'"' ........ z o ¡:: 1:1. ¡¡: U en L&I o iii!ij ~ II) Oi 0 0 0 ~~ II~~ ~ ê ~ § ,I: 11 I.. I ~ Ii ii ~j o ~ .0 rn èii ::¡ J: w .. I~ 1- ~ II I I - - ~!~J I~I~ ~1~ g~. I ~~ ... ....... I ~¡;A~ C ~I o ¿ ~ ;; ... g ~.: ~ ~.¡ N ...'" I :1oA oiA '" '" '" 0 ~g '" 0 ",' 88 ~~ ~; ... ... ...... <iA g gi ~ ~i '" ... ..,: S8 ~oO ~~I i'" ... ., '" o 0 ()() I~ §I 1: g¡ ~ <I I ~ '¡j E " I ~ JI I '" .... Õ ..J ë ~ '" > !æ 3 <D c .. > ~ I ... .... g gi ~~ Ñ .... .... 8i§ o :' ==~ - '" ... '" 0 cc ~:~. e- M "'. ,., . A ¡Ai ., '" o 0 uu ~-æ ~ì ê ::¡<: c i.Q 16 ;; ..:;¡ " rn :c 'C " .c "" -0; 1ðj ~! o e .. ;:¡ 1 100 00 c' o' 00 .,.'" ..,: ~ ~II .,. ,. .... 'A~"'" , 'OAI"'" I I.... ..' ~; co' ~I~ "( 1 ....1.... ~T~ ......10 C'\,~ N ... ~. g:g Sõ',~ ~ '3 ~ I , , .". OMI õA òA; ~'WI!O ~ 3!-1 r,. r- N~ ¡ I i.¡.! ~... I , ! j.... ... 00 o ~~ ro' 'g =1 ,... .,. ;; g: .... ..., ~. I. . ,., "'I 10 0 :UU .~~ ë: §i ~<: ; ~ 0: ~ tt ~ ~ :~ ~:~ = ~ I";: (tI! '- - ~ -g¡ ê: ~ ~ È 0' t:;a:: 0 C ::¡<:..,::¡<: ~ ë " U : ~ .~: f II 11 : I o 1; !! Õ U '"' .. .... " c " ]I B Ii; ::>., .... .... ., ... .... .... ~, ¿¡ s¡ ~ ~.: C =1 G ~'I , il~ 00 .. ... -, : I...:.... I ¡iIA ;,.<+ '~I'~i N ...,.. ~ ~.~ Òj " " u ~ "@I U<..) 1!1i ~ ê, ::;¡ <' " " ~ i; " I~I ~I ., V1 .c ~ ~ " J1 ~ o E Ei ê'. 11! èi Ìii > o c.:> " .91 .. -'" o E, E' on N gig 010 "..,;:: ..:,.'" ~. g - ~ ~ ,.... -,.,c oc :::i -.:::" 00 r-t". -.,: -~ '^ .... .... § g: c' 6; ~.!~_: - - 0: - ~, ~ §¡ '" ... .... ¿8 6c ".. e ,... '" <> 0'0 ~:~ ;~ I .......1'"""' 2151' c =,. C 0.1 :~ ~: -i í ~.~ ~ ~ ~.~ ~ ~ ð'g c C ~1.0 ""Ti"'t i <,..; 1 ..... ..... I . I" I I I ole OIC 5';11 := ~ ~. 1 .... .... ~,~ ,.. ~ _·c ..,..= I"" .. '" ]] uu 2:;;; ~ § ::>.<: i§ g 00 ~~ ,..: ¡"'" loA ~ š: ¡Š!~ U lJ, lUlU 12: <;;1 ,.2:'<;; ..r::.:;I 5'::;: § 5 § § ::!!~ :¡<S: il' , ''- " æ o rn ;:Ii Wi .... ... gg t-;.,C ~~ v' ~I <' ~ e c:;J ... .c u c .. ¡11:: ì,!! ~ -" o Ir i '.. .... I ' !.1 :~no ::;:10 f~I:' ... .... 8 §; ~<!: :A~ E " ,¡ ~ " ::¡ ., " I~ ;¡¡ > W i I 1010 ¡~i~ !~ 3è i r---~ ! I , I í , ... .... (,Ai"" ~13 "" e ",i§ .,,' gg ~ -- .... ;;: ~ ¡.,; .oA C'lo co y I I "'¡"'I ~-:;;' o 0 ()U 5:~ :::;:: c: oi a: ::0;<: "ifi ';j o 0 I~ ~ ~ ê 0<: ª1.I::01, ~[ ..:;¡. JJ: 1 €' .,g i V1 ~ ~ " > W '" ., ce c c' 00:; 3 ~I ,..: I joAl,^ ð/5 gl~ '" 15 ",' ~1Ô14 gig "'.0 ~= "'; ~ iAi COO e e gg ~ '-C ,,: ... ... I~ l'i :::ï ., ;¡¡ '" .. I-ª " ~ .:¡; .... ., 83 Co ~g -=1 ¥"II..... c¡::: ='0 Ci:;:: c·c _·,<-t ... '" gg ~g t'--.o. '" '" ... o 00' co ~§ .¿ '"""" ~ -1- 818 2i1i :§f ê, ~.i I ~ I - iñiñ o 0 UÜ 12: -¡¡¡ .c ::J §..s ::¡,~ c: o ... .. ] ::J '" <II ~! ", .c, "'I " 1i c.:> c: " -0 Õ t? 8:8 o~c g~ ",' ....1... ~ ¡j I:: -0 , ç.. I '" '" 'g g ~~ ~~ ...'" ~ !I ""'N N,,,, '''"' I 18 :5 ["'I'<Ì I~!·g: '''' , 1 I ' ...U '" .... g ;g " CCI I~ > i5 ~ ., ., 8:8 oro C'o ",.~ i I I 1W';\¡."q .... .... g~ f~ ,,¡ .... ... ¡;¡ 1õi o 0' U.UI ~~ "§¡!§ ::;,<: I ~I 01 151 ,Ii c '" ;¡ ~ ¡¡¡ ~ > .¡: :::> :8 :3 ¡g' 8' ::~I ;:. 188 "'0 r-o ..,. r- -" r-~ !Ai.... 81!J I:;I~ l.c " I~ ~ , .~ ~ Jj ¡¡; E .¡: « ~ " g. o '" '" (ij ~ E ~ 8 g,' 00 00' C"I ~_ ~...... - ... ... .. .... 88 ~~ ..,: Oft .., 81s' g 81 "'I~ I I i I ""l~ ¡....""" 8rg~rg 88 88 00 -;" ~t6: I 1 ..... 88 ~¡ g ..,. - ...; .... ... g :51 ~ 8ì "'~I I I .... '-4, ;¡¡ '" C 0 ,u::: 12: .. t ê ::¡<: ~~I~· ..,. 00 ..,. '" 0 00 5:. 8 .., ,. r-: , I _:.":1.... '" ",I 00 88 '-'0 -$ (A,ÿ) ¥"II!"" 818 ~j~ r<"11..Q. ,..- 88 ." C ~~ ",' .. .... '" "" o '=' 00 o'=' ~8 "" , Q 0 co I Ö' aD ,("'I..,. '''''1' - .,.; '" ä N .. ~ CL ... ... I... ... -~õõ I;;;¡¡ o 0 0 0 uu üU _;;; ~õ'i J::.::::r ":;"::1 ~ c: ,,,' c ::¡I~ ~ ~I¿ "'I ' :G I ::J t ~I ~I ~ ~ u ij Õ <:I u .. :1 o " .§ ... ., ~I (")L(')L(') wo_ WOO ..-NL(') ON- (]) Z=~ ~ '§. CL ~ =:« ro u c (]) 01 <C :;:; -¡ij ë " § ê .~ w on ,OJ '" ('J 0> Oi lei: ~j g[ 'g .....' «I !U s; ~ ~ .~ ~ E C; g:11 u ~ ., rn '" " õ z " c: oð- c: oj ~ .~ i~~ ';1 ~ 8. '=' ~ ~ ¡:' "" "-;¡ <: c: c CD c.. ..J N " '" '" ~ ~ i c: ... C ~ ~I " " õ' Q: .. ª u ... u.. ~ -¡; -;;¡ en ~ .. " c: !! ¡¡ ë ... :E ..0 '<:I'" =~ Sib ði , ! ~I 'Ti ~I , :2 I ~] ~ ~§O'I 13"-¡ c:: t~ .~' c.....o e! '" (.) z o ,¡:: II i . II ... '" i ;,~il' ,.... I ~ '" U '" c: '" ...J ~ c3 2 ~ 1fiVi o 0 'uu 20m li~1 JI ~ " " .~ ~ '] ~ ,"" ¡j COIl Co go Vl 81 rD' "'I'" 00 ~o ~o """, "'<0 .... \A ....! 00 !~ â :~ ~ .,. '" .. I'" ~ ::: "' " ç gg 00 \00 <0'" .... O'Oll 0'0 00 00 "'''' "" ! ! II i ¡ ~l~\ 10:0 161:; 14" 0 '" '" ",' , ¡ ¡ ~\wj O.'Dj 00 00 00, ...... "IIf".1 "'i .. .. I i '" .. ~I~l ~ Nt "''' '" 1 I 00 00 o CH 00 ~ ~-II ~I~. Ic:.c ......'''I:t I~ I, [ ,,,,1"'1 ",I..! ~I~I' g ~ .... gig: ~ic:D' '" a> <%J '" <£ 00 1° ~ [00 ~ 8~ I "'I I 1 , ...I..l 00 00 00 0'" .,.'" .¡ ¡W1f¡fl- oi~ :;18 g 01 ""'::Ñ I~ ! ! ...... 10 '0 101 o I I ! ~ a> ~ >- >- >- I ' 1 I I I i ! I 1 i , "" 01 01 o o '" ",' N '" II ¡ , >-1 )- )- I.. I~I ,.,; 10 .", >- J .. ! ! o o .. '" '" ....- '" '" I ! I i >- >- >- 1-;;; -;;; o 0 uu ~-¡¡; .c: :0 ë ê ~<O; on ., o 0 I';'~ -'" " ë § ~<O; ~I 1 ~ ,~ I gl I ';1 :;:1 ~I ~ g I ~ I ~ ,) '~ :.1~~5 I i.~1 01( "!:Ii (0 -æ :E ~I (ij ::J CD <P ~ = c, ~ :~' ~ ~ 8~ .~I :!§:.J ~ ~ ë 0.... en ?i Co) : iü¡ I ~IHII!i . i Ii· I~ I 'I~ I ' 21 I I , I 10 WI I ~ g: . i51 I U . ,UI ~ ;j =:1 Ç! i I i ..,....,.i ... ~I~¡ ülUI il'~i g §¡ ::¡;<O; ¡ I I i I I! >- 1 , >- ¡ I II I >-. I I I >- I ! ¡ I ' , , I I 1 ! I I i I >- >- >- )- >- I i >- >- ì ! >- >- I , ' o a ¡¡¡ CD 1>1 >¡ I 11¡ II I [ I . >- >- ,>-1 )-' i "'j ij¡¡ .c:, u. !~I' ~~ g '" " IV -C1 '" ~ If !.~! 1111 c;(¡ ;(' iii ë: ::: ~ .~ " '" õ ". " i¡ '" c; "I .~ ¡j, 15 1-;; I~ I~ I':: ,0 I~ , ('- '" " .c: u III '" III to a3¡ ~ ~¡ "0 1;j~ ~ ú'j E c: to ~¡ [!¡'!¡ ~! æ¡ ~! I!! i~ ¡ 1.... I >~ !~~. Li:1 I",· 105[ ! I :'~ ë " §¡ I' '" 0' COI I I I I Iii I ¡ I III' I ~~I ! '0 ~I'" ~ 1 )- o ¡¡; 1 I i~ I I I >- II I Ii i ~ .... - ~ -~~! ~ ~ c: = ,-S """2 i~ ~ I ~ ] I~I ~" 0:;, u ~..:::: E] ~ i ¡ ~ ~ ~ ~ ~ g <õ ¿ ~j 8 :~l : I~ ! ' 1 o :i\ -"' -"' (f) '" '" '" I ·~I' ~ '-~~ ~ .~ ~ Vi ~I 21 C '=' ~ j~ ~ ¡ I I ! ]: E1 1 êl 21 ~ 11' ~j 3 ]~I i i I Ii·: II ~ III o ;1 I i ~ ¡it o '" c:: ::0 o I a:: w c.., 0' o o ". .. I ~ III a o '" ;¡ z '" "' N o ¡¡¡ w w U) j~ :0 I~ I ;!il ~¡ \ I~~ 'I; I"'~ i~~ .~ .~~~~ ~ ~--" ,~ I~I~ ".. ~ II -; ">, "" " " 31 ~ ~ 3 ~ ~ :Ë ~ ¡¡;I i ~ 1"0 ... :J 0 .... -g~gu (!!. :g ~ ~ -:=. g ~ ~ "! I ã ~ ~ ~ ~ .~ ~ :: :;; §¡ E, ~ 8 ¡.: gi ~ g ªI ~ a. ~'''' ~~'~ ~~ t':J fa¡ 'S ~ ~~B .g.=: ~ ~ ~ ' Q.,~ .,1 aJlc ¡u l? ~ .~ 8ó5.g ~I ]J 0' -" ~I il ~ ~ "2.; ~I o i ! i 1 ì , I ! i II C:: ~ ... o .. :I: i! .. -e .. IX! ;; =1 s ~ I ! I I : i I Agenda Item No. 16E4 April 12, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award Bid #05-3776R, "Fasteners and Wheel Weights for Fleet," to Lawson Products, Inc. OBJECTIVE: Obtain Board approval to award Bid #05-3776R, "Fasteners and Wheel Weights for Fleet," to Lawson Products, Inc. CONSIDERATIONS: The Fleet Management Department has daily requirements for fasteners and wheel weights to maintain and repair County vehicles and equipment. A fastener and wheel weight bid request was posted in the Purchasing Building on February 22, 2005, and notices were mailed to 13 vendors. On March 16, 2005, responses were received from Kar Products, Inc., Lawson Products, Inc., and Myers Fire. Myers Fire was eliminated immediately because they did not provide any of the information requested in the bid specifications. Kar Products, Inc., was eliminated because they did not provide a fixed discount from price lists as required by the bid specifications. Without a fixed discount, invoice prices could not be audited. Lawson Products, Inc., provided the only responsive bid according to bid specifications and is the recommended vendor for contract award. FISCAL IMPACT: Funds are budgeted in Fleet Management, Fund 521, to maintain and repair County vehicles and equipment. Fastener and wheel weight purchases are projected to exceed $25,000 annually. GROWTH MANAGEMENT IMPACT: No growth impact will result from this action. RECOMMENDA TION: That the Board of County Commissioners approve award of Bid #05-3776R, "Fasteners and Wheel Weights for Fleet" to Lawson Products, Inc. PREPARED BY: Dan Croft, Director, Fleet Management - Agenda Item No. 16E4 April 12, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E4 Recommendation that the Board of County Commissioners approve award of Bid #05-3776R. "Fasteners and Wheel Weights for Fleet" to Lawson Products. Inc 4/12/2005 9 00 00 AM Meeting Date Prepared By Date Dan Croft Fleet Management Director 3131/200510:23:16 AM Administrative Services Fleet Management Approved By Dan Croft Fleet Management Director Date Administrative Services Fleet Management 3/31/200510:23 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 313112005 3:27 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/1/20057:58 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 4/1/20058:21 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 411/20059:16 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4111200512:25 PM Approved By James V. Mudd County Manager Date Board of County Commíssioners County Manager's Office 41212005 2: 19 PM ~~:::: ~ØJ~ ~~- g; ¡,¡¡ ;, lU ~ ~ Ì) ~ > e .~ ü: õ ~ :t ~&: :E c: o ~ û c: I1Î Ü ::> "t:J o è: c: o VJ ~ '" ...J 1 '- ¿ ¡ ~ "¡ ,: VJ ~ '" a. ... '" ~ z o ¡:: a. æ u II) w o e: ..... "" ..:: ~ ..... '" ...., ... '" .;, .. :ë :: Q = c.. :: <oJ: .. Q '" "" ';õ ¡:Q ~ ~ ... Q I!? Q c: Q ûí E '" ~~ Q "t:J "' t'5 CX) c: o '" ~ ro ...J 0- .8 ro E ~ o m i:i c: "' IÌj -'<: o o m w u (t -> o (é) oR å I{") ro ::; 0"> W a:: '" w c: ro m oR ~ <D '" j¡¡ c: W -¡¡¡ ro u... CX) W "0 ~ (é) c o w Õ :::> o '" :£ .8 "0 W '" :::> '" j¡¡ c: w -¡¡¡ ro u... CX) W "0 ro ð c: o w u ¿: -¡¡¡ ::J E g C :::> o u '" is w 0"> ro C w u j¡¡ a.. "0 w x i.:ï: -¡¡¡ ::J w u ¿: Õ w ;0 ì= o o ~ J?;o ~ ro ::J o ,: <l> t; (f) "'- ro Ü ¡::: N x o N ~ CX)~I{") o~o ~~r- tD~(ß- 0?q~ ~~r...: ('"")~~ ~ B B g&& û5ø~ :.:J :r; .~ Qj o Q) z «00 moo ~g~ ~fflffl 6;3!;8 "'"1{")0 0<D('"") ~tFtEf) 'It <l> <l> -'<: U u g&& û5û)~ ~ W .~ Qj o Q) z o o ~ J?;o ~ ro :::> o ,: <l> t; (f) "'- ro Ü ¡::: "'" x CX) ~ <0 - I{") 000 "'01{") "'" . . omm CX)"-M <D~'" R~r:: gom M;;~ ~Bu; g&ß û5~~ j¡¡ .~ Qj o Q) z o o ~ J?;o :g ro ::J o ,: <l> t; (f) "'- ro Ü <D x <D ~- Co ;.; 6~~ "'I""""t-oj ~~w V>~ ~~~ o;t2;;! (T);;Efl 'It <l> '" -'<: U 0 g&ü û5û)~ :.::¡ <ü .~ Qj o Q) z o o ~ ~ C ro :::> o ~ <l> t; (f) "'- ro Ü ¡::: ... x ~ a5 L?; 00 I{")OI{") ~LriN CX)N~ <D~w ~~~ ~I{")m m"-~ C'?~;; ~ .~ u; gã:8 û)(¡)'U ~ ~ .~ Qj o Q) z o o ~ J?;o "ê ro ::J o ~ <l> t; (f) "'- ro Ü I{") X o ~ " ;.; NOO ,,-01{") or---.: cO cx)"-('"") <D~~ <D('"")N ~...O NI{") mm.,. M~~ ~Bu; g ¿: 8 û5~~ j¡¡ .~ Qj o Q) z o o ~ ~ O"§ ro ::J q '" ~ w t; II) "'- ro Ü .,. x ('"") ~ t' .~ ::; ro -å >. :r: "0 ro <l> J:: Q¡ J:: rn VJ <l> 3:3': o c: :r: 0 oð~ ,!!! :::> '<:0 ~E u...- ª.E ::>"0 "' W I~~ 1£ ûî tn 'O:.:¡~ ~ ~ ~ ~æoð £ãg m (1).;:: ~~æ -'<: o o m w u ¿: -> o (é) "0 iD w w CIJ oR å N oR 0, N 1:> ro <l> J:: (¡¡ J:: rn <l> 3': c: o w u ¿: en ::J E o .:: <l> 0">", ro w ë ¡g B:r: Q¡"" ':: ¡q c: c: 6~ u- U) .!¿ is::; 1:> ~ §~ u...:r: "-"-<D <DI{")O N . co"-<D co~~ I{") 0 I{") "-co I{") 8Lri-v ~ ... V> ,.., à: ~t~ u <l> 0 OJ:: ü ëì5C1J"O <l> <l> U Q¡ æ .~ a; o Q) z ~ J?;o ~ ro :::> o ..¡. o -, :, .,. ~ 0"> c: E i.:ï: Qj > .~ CIJ <l> "'- ë: <l> ëii :E ~ ~~~ ~"<t 'Zq¥~ ~;'ro ~'';; ~1 ro ü c Q) OJ « -'" 0 0 V 0 C CD 0 LO 0 0 0 0 0 LO 00 ",OLO LOOO '" ~ 0 ~ V ~ V I'-- (") .¡. 0 0 0 ( ) ;fl N I'-- CO 0 (") LO 01'-- ",OLO ",0 CO '" 0 I'-- V 0 ~ ;;:; <D<D(,,) Lri '<i C/) g 0 '<i ~ ai Lri 0 cOr-...: L.Or---:C") m\\icri '" Lri 0 LO '<i a::i '<i ,.; (") . . I'-- 0 ~ a: LO (") LO (") (") LO 0 CO fFt fFt CO<DLO V ~CO '" (") ~ N ~ ~ (") N ~ LO (") N<DV N",LO N CO I'-- V CO CO"'... I'-- ...... ..J ... ... ... ... ... ... "'...... "'...", "'~~ LO '" '" '" fFt LO -> 0 CJ <::: <= .. '= U "" ; ~ --~ -" ... ... "" "" .~ 4J Q ~ .. ~ 0> C E ¡¡: ( ) Q. .. ~I: ""rn ..c::z ::;,... If; 1=''''0 \C = r- = r- ~ .. , "" ~....F: <D(")", °OV N . . o(")N ~ '" ... ~ã)iE u ( ) 0 O..c:ü èi5en-o ( ) QJ .S:;? Q) Q: .~ ã) o ~ ~ <: '" :::;¡ o <D o ::J <D ,g ~ ~ ~ ~ ..c~ .~~ ::;Q ã:í~ z£ê <: ro :::;¡ o ro o <D ::J CO ~ 0> C £; ¡¡: I'-- (") ü =;; ã) > .;¡: cn ( ) rn E ( ) u.. t' ~I'--V (")"'''' ~~~ -ð"t o QJ Cñb5 ( ) u & ~ o ü -0 QJ Q;¢" .2: 0 ã)1.O O,¡::;. ill:g z '" :::;¡ o g2b:;;; bMg ~",'" ~tfi~ .9~8 enen-,:¡ ( ) ~ u ( ) & .~ ã) o ã:í z 1.0 N V I QJ C/) o ~z ~ C/) :::;¡ ~ C/) :::;¡ ",CD ( ) -- a: g¡ ..c:0 0>0 .- 0 Io ~N 2-;:; QJ C E -- rot: -- 0 ~$ ~ -~ Eo ,0 vO ;::~ '" QJ .~ cn p.- C/) c [¡¡ ( J -ë c f! ( J " .$ '" o u c :J II> Z I] G> 3: ãi G> J::. 3: ( ) u & (¡j'$. - LO 5,(") QJ iJ: ~« c ro CD '" :ë 0> 2J ,i) ..c:$ Q)'ã) QJ ( ) $..c: ã)$ QJ C ..c: 0 $ ~ 3& 2 .""0 §..J o E .f!] e £~ .E~ -,:¡<: :x ~ :J Q; ìña. ~ë QJ :::;¡ .~ 8 ctô Õ-,:¡ ( ) ( ) +:; x ¡=¡¡: ~r:C") o .'" N N - G~~ .¥fjên 8&'!8 û5 -"0 .;..; QJ ~ W ..c .~ enã) ( )O u_ .¡:: QJ a.z N"'''' ~6;: (")N ü"'''' -5-5~ Œ~~ OJ ~ 1! iJ: en= ~~ &~ "'~'" Ol'--LO ~c.ciO) N;;¡;~ I'--VO <DCOO ......oco N ~ N...", LO 0 ;:~~ ~VN N"'''' ..¢~g I'-ajo) ~I'--v N"'''' 'It-5t; -ð&'!8 en.8 ~ -,:¡ ã) ~ 1! iJ: en= 8~ æ~ -ð:st; Œ ~~ Q) ~ ( ) QJ b51:: ~~ &~ TI:£~ Œ&,!8 ~-,:¡ w ~ QJ ( ) ..c: > cn= 8~ &~ ~:§t¡ Œ&'!8 ~-,:¡ ã) ~ QJ QJ ..c: > cn= ~~ &~ - II> E 1::- ã: ;.... .~ ~ - ¡., I-- ..... - II> 0 0 in II> 0 0 0 G> ~ ~ ..... ãi II>~ 0 0 0 ,¡::;. 0 0 .J:I 0 <: ~ ,5 ,¡::;. ~ ~ ::I ~ ro rn II:: .'" £ê þ t: þ :::;¡ :::;¡ I::: C ~ ... :g 0 0 ... ro <: u u :::;¡ rn ro ::I rn ::10 :::;¡ :::;¡ ... :::;¡ N N ... 0 0 II-- 0 0 0 I-- N I~ - V c::! ~~ N N M '" N 0 0 G> 0 ~ N :J;:: N LO IN o o ~ ,¡::;. ..S!~ :õ ~ 00 E o N '5 0 c(~ .~-_._-_.,- o N a~g r.:e"1LO Ül'--(,,) chfß-m Z M Õ '" 4> '" " a. -ð:st; Œ&'!8 ~-o QJ ~ 1! iJ: cn- .~ ¿; a:~ ~8~ ~~~ -- =- ~Ø! ~ ~~ro ~ _~ 0.. ~~ ro -g Q.) 01 <C ;::: Q U 5 = ë O .. Q ~ ... = ~ 0: ... ..... ~~ - - ~ ~ '?~ £:. -.:: or. .. s;;:: -= - IõIC ~ - .. ;;:¡ .. :x "0 ¡¡ == \Q = ... "'0 t-- '" t-- '" ¿: ~ "7 ... '" .. Q or. = -= =- == ~ IOIJ .. Q '" -;:¡ .. - '" ~ Q:i ... Q 0 c::> LO 0 c::> '" '" 0 <D V 0 <D âJ v ~ v ..t .n z LO LO >- >- z CD CD CD N V ¿, LO ~ LO N ~ Y> Y> Y> Y> ;ft. 0 v 0 CD Q") 0 cD 0 0 c::> r-- 0 ¡::: 0 '" ~ M M .n v z z z CD <D U LO CD âJ N Y> Y> èi5 ~ Y> Z <F> Z ex .... 1;; ex .J:: ~ C'. C'. C'. u; C C Q) " (/ " 0 ~ u Q) 0 u u 0 Q) c E 0 .J:: U 0 '" U .c 0 Q) (/ û5 û5 Q) .c Q¡ c Ë Cf) " ';-:'-0 U ~ ü I- .J:: Q) Q) - Q) .œ ü .œ 0 Q¡ ü Q¡ Q) ~ ~ ~ c -, Q) Q) "" > &. .2 .J:: > - ¡:¡ (/ Q) 0 <l> Qj Cf)= (/ Q) e E u Q) Q) ~ C- o >. :I:' E 0 Cf) 0 .S! 0 Q) ~ '" ü '" âJ à: ãJ ü E Il. Cf) -, Z z &. .g :; ë. Q) 0 E <: <II (/ <II Õ e Õ 0 Q Q UJ .º à: Ole <l> - iñ <C .~ "5. .~ ..:::¡ 013: o > e ü Q) Ó ï¡; ~O (/ '" £::I- :::: .c 0 u ~ ~ l- ll. 01 c c '" c- O c::> 0 0 ~ c::> ~ £ þ c ~ '" ::J '" 0 ::J 0 N N 0 0 LO CD '" '" CL Agenda Item No. 16E5 April 12,2005 Page 1 of 58 EXECUTIVE SUMMARY Report and ratify staff-approved change orders and changes to work orders to Board - approved contracts OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22,2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes to contracts or work orders that have occurred since the amount most recently approved by the BCC, which are below the threshold limits as referenced above. .-- The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover the period of February 28, 2005 through March 31,2005. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department _. Agenda Item No. 16E5 April 12, 2005 Page 2 of 58 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E5 Report and ratify staff-approved change orders and changes to work orders to Board- approved contracts. 4/12/20059:0000 AM Meeting Date Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Sarvlces Purchasing 4/1/2006 11 :36 AM Approved By Mary Beck Executive Secretary Date Administrative Services Administrative Services Admin. 4/1/2006 11 :40 AM Approved By Lan Golden Price Administrative Services Administrator Date Administrative Services Administrative Servlcea Admin. 4/1/200511:46 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/2006 12:34 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 4/6/200610:36 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/6/20064:42 PM ---- U'HO co UJOlJ') (£)0_ .....NO QN-M Z.....CD _ C> E'': ro CD a. a.. ::::« ro "'0 c: CD OJ « "E (\ o i:C 0) £ .9 "'OlJ') 0)0 -0 55N U) .;:: ~ a. c..« I- 0:: o Q. W 0:: 0:: W o 0:: o ~ 0:: o 3: o l- (/) W C) Z « ::E: U W > ~ l- (/) Z i o « LO o >- Ll...... Q CI ~ Ii .c U üë ~ E :s ZQ ë~ 8« Q - ClC C :s (\ 0 t5~ U Uc¡ co > III 0 :s ... o Q. 'S; Q. ~« Q. - C Q .- E ü·!!! ijg~ Q.CQ Q OQ. OU(/) o Z ... 0 Q Z 'E- o ~ ~- ... C o 0 3:u o Z Q ; Q E . 'E E ~~o~ ~...G,)... OUClU ~ .!. Ii .!. Q e.ce >Q.UQ. It) Q .c f.:! (\ ::E - Q. ãi Q u_ Q (\ 0::0 ~ 0 =z *- N ~ ..... en N N a ~ N en ~ a a c::i a C\!. ..... ~ en N N a C\!. ..... en ~ c: .Q iii t: o a. U) C ~11:: 1-11:: N ..... , ~ a , I-r--. LL.N u~ 0' cc~ 'E Q) 0) E u Q) (\ > a: ~ £ E a- U N":':: .E ~(ij U) C/) ~ U) _"'0 ~~ C/)u; C:a (ñ> Oa ......> CC(£)N~C/) It) ~ Q M o ã5 £ CI .s: (ñ 'x Q) C (\ - o Q) .... .2 :§ 0) £ .9 0) :s "0 Q) a. 'õ. Q) ~c: C .Q '~ I§ "O(ij ~(ñ ¡g ,5 0) (\ £ (ij Q) û)ã3 .5 Õ. .9 E "0 8 ~ 0 ':; ~ gE .... .- ..:.::- .... ~ 0.2 ~(ij ê.9 -ªlJ') :.¡:;8 ~N U)M .... ...... ~ ~ o (\ u ~ ~.c C 0) roll. ,¡;;; 0 u- ,~ (¡¡ '¡;;;"'O I- ê5 ..:.:: CD 0 ~ C Q) ~£ u U) _"'0 o 55 ~x Q Q) .~ 0 ~~ 0:::: ~ o a a c::i a a I.ri co <0. ...... co ~ a a c::i ~ a a I.ri co <0. ...... co ~ Q ~~ c..-.J ~ ..... o I N o , "<t o ~a Ll.en 'N ::EM t.?~ 00 Q) U) .... (\ g ,¡;;; "'0 ;;::; c.. (\ ~ :>.0 að (\ 11:: :>. i:C Q) "0 ~O) ~a Q)iii ,,~ ~ æ . M O:::¡¡: Or--.NI1::_ It) a - en a - M a N OJ .5 :; e "'0 Q) - U Q) ã:i tI) 0) £ C) c: '>, Q) ~ :s tI) U) Q) "'0 ~ i3 .5 N ..:.:: tI) ro l- N ..:.:: tI) (\ I- tI) ~~ "3:; "'0 C) ~ .5 u(ñ U) 'x 0) Q) ~ 0) iii ~~ Q) 0 E-; ..92 C> §::.¡:; :s C) tI) c: co:.::; tI)..92 "'0 a. "'0 E (\ 0 Q) U C)"O c: c: (\ (\ 13 .5 U) (\ :ë E I- 0) e ¡¡j.E (\ c_ (\ 0 .c'E U Q) Õ E ~ ~ Q (\ .~ õ. cu ~ > .... O.E *- a a c::i ~ N c::i It) ~ ai N ~ a o c::i ~ ~ N c::i It) ~ ai N ~ Q ~~ c..-.J N a 'a ~en 9N «M :J:~ c..a c: o :¡:¡ (\ ëñ § c.~ E ~ :s c: a.. Q) Q):::: 0)« C:N -"0 (\ It) (tI C Ea C:s :::a ~O a..r--.......~C/) c CD - U) c 0) t: (tI :J: It) Q It) ..... - M a M CD -= ... ~ CD :§ ~ (tI U) rJ) CD o CD C CD ,¡;;; - ~ .Q 15 '§ ,¡;;; u ¿ :E 0 ~:¡:¡ -~ :gC/) o a. N. E M :s ......c.. ~Q) :s 0) -'iii ~ æ :s:::¡¡: O)iii ro "0 c: c .Q oro +:i ~ 0) C õ.~ E (tI 0"'0 U c: 0) :s £ s¡ ~ Q) 55= x 0 Q) c: Q) 0 0>= C u .êÈ u U) ,~ § ,¡;;; u I- 0) ,¡;;; - ¡¡j a¡ C ~ (\ Q) .c > U 0 0.9 ~ 'E Q ,S .~ ~ ~ § OU \01t')CX) LUO\O -'C) 0 _ NO Ñ'<It ¿....( ) - 0) E'C: C\j ( ) 0. c.. ::::« C\j '0 e: ( ) Oì « 1.0 o ~N I- IX o CI. w IX IX w C IX o :II::: IX i o I- m w (!) z <C :z: u w > ~ I- m Ž i C <C II) œ ~ ¡ .c U " ... m o cc ( ) :; o - "\0 ( )O ëo ( )N '" 'C: ~ 0. c..« -- u C ;r: i! :I II) - 0 Z8~ 11)- œC C :I m 0 c3~ u Uëã m > III e Š C- '> : ~ CI. - C _ II) -u' .!! E ëã 1:: i! '-u ca_ C-CII) II) 0 C- Cum o z .. 0 II)z 'E- O i! ~ë ~8 o z II) ~ II) E ."E E ~~O~ .._11)_ o ~ ~ ~ -g .~ ca .~ lI)e.ce >Cl.UCI. In Q .c ~ ca :æ - C- .¡¡¡ II) u_ II) ca IXC i 0 :::z ~ CX) I"- cO C") .... o o o CJ: C") Ñ ..... ~ o o o '<It ..... 1"-" ~ o o o N N Lri' ~ o ~3: c.....J ..... o , It') o 'N t:N ,It') CJ)C") CJ)' LU~ .c 1:: '" 0 >- ~ z" .~ -2 ~ CJ) '" e: ... ~ .2 ~ .~ "§ ( ) ( ) :::: CJ) CJ)¡¡:: en ..... C)-= !9 N .5 '} 'S ~ 1ií 0 O"N ( ) I;:: LUI"-.....I--= It') o Ñ ~ C") o '<It ~ m en m ~..9 15 ( ) e: ê " 0 ( ) 0. E '" ( ) ~ ~ ,5 en en m ( ) '" :::! ( ) '" Õ .!a .c e: e: 0 m:¡:: E ~ '-'iE ~ .5 :s.-g e: m ~ ~ - 0 êl;:: .- e: e: .- ,:, ê ( )¡¡:: ... ( ) -g" :::! ... .c ( ) ( )= e: ( ) 0.0 ï5~ § en a1 :E§'E ":¡::o ~15- e:o.æ m ,~ ê e: ( ) 0 o en (J "'( )- e:.cc.. .2 I- LU t5 .0 ~ëf.:. en ( ) e: .5 .§ :B ~ro(J ~ ár.sa ooe (Jenc.. ~§J§ e::¡:¡e: C\j (J ( ) .c ( ) E ~'5e: :ë U .g I-,&È: mLU ~: ~- ... ( ) 0 c1iíë III m ( ) .c3:E u ~1:: .... .w'e: m o :::! 0. 3: 0 ( ) II)UO .~ ( ).g¡ II) :; 'C: > >-..Q O.ou. ?f? o o o o o o o o Lri' \0 C") ~ o o o ~ o o o o q \0 1.0 C") ~ o ~3: c.....J 0)1.0 ~~ g~ ... ( ) ¡¡:: ëñ m ~ O)( ) '0 - e: .š 0 :::! CJ) c..o~ I-CJ):::! ã) 3:æ~ "5 C:::3:-u :<:« U..Qe: ::?J:Z.....ZCCLU It') ~ ~ o 1.0 - e: m ã. ( ) :; e: o en m ( ) en '0 e: m E ( ) '0 .c 0) :ë ( ) .c - ..9 ( ) :::! o I.r.Ï o o N o ..... ... ( ) .0 E ( ) ë.. ( ) CJ) :::;~ e: ... ~ i - ro ( ) ,,:; e: ( ) .2 ]¡ ]¡o. o.E § 8 (J 0 ( )- .c'O - ( ) en ... " 's e: 0" ( ) ~ ¡ en ( ) e: O)~ æB .c :::! (J.c en en :ë~ 1-- ( ) Giro c"8 ca E .c E u 0 .... (J o ~ ! õ .~ ~ 11)"3 > 0 o (J CJ: ~ "It 1.0 9 o CX) co.j C") 1.0 ai '<It ~ Õ I"- cri CJ: N ~ - o 1.0 co.j o CX) ai '<It ~ ... ( ) i E ..9c::: CJ)C::: ..... 9 9 t:~ 'N ::?J:C") J:' ()o :f ::?J:..... NN J:O uì'.õ CX) 1.0 CX) c::: ( ) () ( ) N.c 1.0 (J ..... 0 C") 0 o ~ '0 0- z~ ( )O 0)... 32 ( ) ... > .....CCo It') ~ '<It ~ C") o ..: ( ) 'E o ( ) en m .c ~ :::! 0. ( ) :; '0 e: m - (J ( ) "ë' 0. ( ) .c - '5 o ( ) en o -u ..9 " ( ) "§ ( ) e: ( ) C) en ~ ( ) C) e: m .c (J ( ) > :¡:¡ (J :::! " ( ) '0 en :ë I- Gi C III .c u .... o 3: ( ) .~ II) > o I.()U")CO LUOU") t.OO- "...NO OÑLt") Z"-W _ c> E'¡:: co W c.. a.. :::« co "0 ¡:: W c> « "0 ~ co o CD W J::. - o - "OU") Wo 'EO WN II) .¡:: ~ c.. a..« I- a::: o 0.. W a::: a::: w c a::: o ~ a::: o ;: o I- m w C) ~ :I: U W > ~ a::: I- ~ ~ :E C ~ In o itM I» 0) ~ ; .: U ü- ~ g ~ I» C E z8~ 1»- O)C C :;, I'll 0 .: E u~ u u¡¡¡ lEI > III e 6 0. "> t ! 0.. - C _ ~ i; .~ 1:=~¡¡¡ I'll _'(3 o.CI» 11100. cum ö Z .. Ö I»Z 'E- O ~ ~- .. C o 0 ;:u ö Z III ¡ III E . 'E E ~~o~ ê5ü&ü ] .!!, ; "~ lIIe.:e >o..uo.. In <:) .: u .. I'll :E - 0. ïii III u_ III I'll a:::c ~ Ö ::z ~ o o ei .;r- .;r- ei "... M. t.O U") tA- o C! o tA- ~ ei "... M cJ5 1.0 tA- II) c: o ,g ~ :t:: '- co ~ a:: ~oa:: N o I .;r- 91.0 I-t.O u..;r- ...!.C¥( LUM 1-0 "... .;r- (/)01 :;:) ,5 1I):ë III _ ~ ~ ,2> t ~ '!5 .~ -;, ~ co ê~~.S! :¡::¡ 'S¡ 0) "0 III 0;;; c:c:coc> ~ LUE&:2 CDI'-- g~J::.a:: 1-8 ~C:1::ê Z 0 '- 0 0 ._ J:t.O"...l-üza.. 1.0 o L?i ~ M o I'-- c: .Q ñi 1:: c: 8- .Q II) ~ æ o~ ~õ c:_ co c: '- 0) I- E -1:: a co 'E c.. 0) 0) ED 1:: co co "0 c.. '¡:: 0) 0 DU::: co W "OJ::. o¡:: ... o :>. u:::.c 0)"0 £~ '- c: .8.2 3:"0": .Qæ!5 ro"OE .S! 0) W I.()~~ O~O) oC:CO N';¡; E cJ5:';:t!! NUc> :>.'~ 0 ~ea: "'" c.. :>. .9 ,!!! g 0) J::. 0) -1-0) ..¡g-,« c:~ro g'E g W.c....J C. :J 0) EII)£ 8-ªõ 0) c.. II) £~E .g¡82 á3:;;;~ ~B-; Wu.c 0)t!!"O ¡¡¡'E§ J::. 0 0 uü.c ,!!! ~.!!! J::._'- 1-_0 at) 3: co å) ,9l -E > 0 ;~ü .: c: 0) u ';'£ õJ!1"O ~~æ I» .~ III > o ~~ 00 DD ~~ Agenda Item No. 16E51 April 12, 200et. Page 6 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: 41st Street SWI 20th Place SW Sidewalk ImDrovements PROJECT#: 60016 BIDIRFP #: 02-3327 MOD tr. LAMOUNT OF THIS CHANGE $ 1200.00 PO tr. 4500032492 Work Order #: BOC-FT -04-12 CURRENT $ 92.402.29 (INCLUDING THIS CHANGE ORDER) CONTRACT AMOUNT: ORIGINAL $ 91.202.29 (STAFmNG POINT) Last BCC Approved Amount $ N/A (lAST TOTAL AMY. REQUIRING Ice APPROVAL) Date of Last BCC Approval N/A Agenda Item # Cumulative Dollar Value of Change Orders to this Contract/Work Order: $ 1200.00 Percentage of the change over/under current contract amount 1.3 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: SeDtember 20. 2004 CURRENT: February 28. 2005 SU?dMAR:V OF PROPOSED CHANGE (8): Identify the changes. drainage inlet. . This chane:e order was for a new JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? When instaliina the new drainaae DiDe. the existlna inlet needed to be reD laced because it was faillna. PARTIES CONTACTED REGARDING THE CHANGE: Bonness.lnc. IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor NlA) V""'Proposed change is consistent with the scope of the existing agreement ,/'" Proposed change is in fact an addition or del~tion to the existing scope ~ Change is being implemented in a manner consistent with the existing agreement -7;The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable Revised 12123/04 Agenda Item No. 16F~ April 12, 20~ . Page 7 of 58 CONTRACT MODIFICATION CHECKUST FORM PRo.JECT NAME: RookerY BIIv Ph... IllIIlIftId8e Road) PROJECT I: 73160 BIDlRFP ~ 01-3280 PO I: 4500020845 MOD I: 2 AMOUNT OF THIS CHANGE $. 0.00 Work 0..... t: aGM-FT -D4-02-o1-A CONTRACT AMOUNT: ORIGINAL :..~ Last BCC Approv8d Amount $. 81.685.00 (LMT TOTAL AIIf. JII!QURING -= APPROVAL) CURRENT .. 81.185.00 (INCI UDNI11II c:ttAt«W ORDER) D8I8 of Last BCC Approval AQendIIItam * 'If, 150.tJ[) Cumulalive Doll. Value of Ch8nge Orders to 1111. ContractlWork Order: S ~I 00 Percentllge of the change OV8I'lunder current contract amount º % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on Purchasing report. For spØcific Information regarding work order thresholds, please refer to the Contract Admi~batiun Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: Seøtember 29. 2004 CURRENT: Hovenbel' 29. 2005 SUMMARY OF PROPOSED CHANGE (8): Identify the cIwIgea. This is 8 chance order to SUDlement the I schedule for Q Gradv Minor and Associates to include fees for survevina Dursuant to task 2 of the June 24. 2004 orooosaI for consultant. JUSTIF1CA110N FOR CHANGE (S): The OrIalnaJ Work Order was for the Enaineer to submit the studv for Phase I of the Droiect. It was not DOS8Ib1e to envision the necessary work involved in the contract because cA the unknown comolexltv of this Protect. It Is now necessary to suDlement the contract to include the rates for surveYino to comoletø the desian for this DrOiect. PARnES CONTACTED REGARDING THE CHANGE: Mr. Bit Mullin. PrincIDBI project Manaaer. IMPLEUENTA110N STEPS.(VerIfy each befen proceeding with change using Y, N or NIA) ..X- Proposed change is consistent with the scope Œ the existing âgreement ..X- Proposed change Is in fact an addition or deletion to the existing scope ..X- Change Is being implemented In 8 manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change ..X- proposed prices, fees and costs set forth In the change are reasonable PAo.JECT MANAGER RECOMMENDATION: Thl. fonn Is to be ..gned and dated. APPROVE BY: p ~,i ( ~ Dale: X I ""/fJS- P~ anager REVIEWEDBY:~..... ))7 ~l/W1 Date: 3/'7/0S- . Comrac:?p8ClaHst . Revised 12123/04 Agenda Item No. 16Ei April 12, 2ob~ Page 8 of 58 . . CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: Manatee PumD St8tIon - Sound Attenulltion PROJECT#: 70052 BIDlRFP It: 01-3290 MOD I: Chanae Order 1 AMOUNT OF THIS CHANGE $ 0.00 PO II: 4500022040 Work Order I: PHA FT-04-02 CONTRACT AMOUNT: ORIGINAL $ 8.951.18 CURRENTS 28.450.24 (BTAR'TING POINT) (lNCUIDING THII CHANGe oRDER) Last Bce Approved Amount S (LAST TOTAL AUT. REQUIRING lICe APPROVAL) Date of Last BCC Approval Agenda Item * Cumulative Dollar Value of Change Ordera to this ContractlWork Order: S20A99.06 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last Bce approved amount)-1 Results arid Actions: If the change exceeds 10% ace approval Is required; under 10% reported to acc on Purchasing report. For specific Information regarding work order thresholds, please refer to the Contract Administration Procedures, SectIon III.C.4. CURRENT pQMPLETlON DATE (S):ORIGINAL: June 2004 CURRENT: Julv 13. 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. Droiect. Ac:kfltional time reaulred to comolete JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This chanqe will extend the contract time to comcletlon of construction . PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin. Pam Ubbv IMPLEMENTATION STEPS (Verity each before proceeding with change using Y, N or NlA) L Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope L Change is being Implemented in a manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth In the change are reasonable PROJECT MANAGER RECOMMENDA110N: This form Is to be signed and detect. APPROVE BY: .C).\iC'>~ ~.. Date: 8-h~-O.:s _________._..._.._.____. ..~~~!ect !Aa~~!r . . --~E';1ËWËD B~]JT-r¡-J~--c,~~~'.3:¡'7Fð?C--C~C-c- -····-,==_-_~C"=c.=_-= Revised 12/23104 -. Agenda Item No. 16E5 April 12.l.!/Æ5 Page 9'""',58 CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: North 1&1 Studv PROJECT #: 725021 BIDIRFP #: RFQ 03-3522 MOD #: 1 AMOUNT OF THIS CHANGE $ $7.140.00 POI: 4500038106 Work Order #: ES5-FT -05-01 CONTRACT AMOUNT: ORIGINAL $ $5.220.00 CURRENT $ 12.360.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AUT. REQUIRING BCC APPROVAL) - Date of Last BeC Approval 3/22/05 Agenda Item # 16.C. Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ $7.140 Percentage of the change over/under current contract amount 137 % Formula: (Current Amount / Last Bee approved amount)-1 Results and Actions: If the change exceeds 1 0% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section !lI.C.4. CURRENT COMPLETION DATE (S): ORIGINAL: 2/15/05 CURRENT: 6/1/05 SUMMARY OF PROPOSED CHANGE (S): Identify the changes 119 additional Manhole Insoections JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Insoections to be oerformed on an additional 119 manholes - deemed necessary bV Countv Wastewater Collections DeDt. to eet a better picture of inflow and infiltration at the northern half of the County PARTIES CONTACTED REGARDING THE CHANGE: Steve Naev and Dave Fitts of the Countv Wastewater Collections. Dept, Tim Moore and Ron Parker of Greelev & Hansen: Joe Cheatham. Rov Anderson. and Jim Delonv of Public Utilities: Linda Jackson and Steve Carnell of Purchasing IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) -X- Proposed change is consistent with the scope of the existing agreement -X-Proposed change is in fact an addition or deletion to the existing scope -X- Change is being implemented in a manner consistent with the existing agreement -X- The appropriate parties have been consulted regarding the change -X- Proposed prices, fees and costs set forth in the change are reasonable Revised 12/23/04 Agenda Item NO~E5 April 1 05 Page 1 PROJECT MANAGER RECOMMENDATION: This form is to be signed and detect. APPROVED BY: ¡j?,/ ~ Date: ::r/!<f'/Lf, Projec1 Manager ' APPROVED BY: Date: Joe Cheatham, Wastewater Department Director APPROVED BY: Roy Anderson, PUED DI~ REVIEWED BY: ~. ìr1 W Contra ecialist Date: Date: Revised 12123/04 ~ #t2I-tJ~ - Agenda Item No. 1 r&5 April 12, ~5 Page 11 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCRWTP-Deø8sif.er Blower Sound Encl. PROJECT #: BID/RFP #: 04-3535 MOD #: 1 AMOUNT OF THIS CHANGE $ Zero Dollars PO #: 4500029323 Work Order # UC-009 CONTRACT AMOUNT: ORIGINAL $ 355.000.00 CURRENT $ 355.000.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 355.000.00 (LAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of Last BCC Approval 06/09/04 Agenda Item # 00030 Cumulative Dollar Value of Change Orders to this ContractlWork Order. $ Zero Dollars Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last BCe approved amount)-1 Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds. please refer to the Contract Administration Procedures. Section III.C.4. CURRENT COMPLETION DATE (S):ORlGINAL: 11108/04 CURRENT: 09/10/05 SUMM~Y ()F PROPOS_~D CH~GE? (S): Identify the. changes. A time extension is aranted for the additional time reauired for installation to accommodate Dlam operations. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Due to the hiGh demand season. the plant was not able to accommodate outaGes required to Derform The work. PARTIES CONTACTED REGARDING THE CHANGE: Peter Schall Sr. Proiect Manaaer: Paul Mattausch. Water Director: Stevé Messner, Plant Superintendent. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N/A) .::L Proposed change is consistent with the scope of the existing agreement tflA Proposed change is in fact an addition or deletion to the existing scope :r.. Change is being implemented in a manner consistent with the existing agreement .::L The appropriate parties have been consulted regarding the change .::L Proposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER REC MENDATlO: This form is to be signed and dated. / 31ZII05 3!-¿..{ J 0 \--- , , 3/oZI/~ t RECOMMENDED BY: Date: RECOMMENDED BY: Date: REVIEWED BY: Date: Revised 12/23/04 .---.....- ..-....- - ____0 J Agenda Item No. 16E5 ~. April 12, 2005 Page 12 of 58 " .... COItrMCT MODIFICA1"IØM . CtÌI!iCIQJST FORII . . PROIECTNAME: . .~",,;ßJÜD.CR··_---· "·tcaa.":· I' ·fIfIOJeCit.-: '51Ð121 IJDRPP ~ OI-it'[bJoo ~ ,. AMOUNT OF 1HS a.Al f1~78) PO -= Ø1W1M'17OI "'can. H:IfII.Fr..oc.ø1 CON'1"RACr AIiouNT.: ORl~,'~. . CUFU.M .~'. .. ..',~ ~ J[ru.!nìI~-.Q w.t BCc ~ ~ L.::.:.tIÎ.. . . .' . ·-'-__MII".__.WCIC~~ . __otu.tiJcc~ HlA. '.. . . C...... DøÞ. V.... afCtlli1g¡e' ~'''''·Qh"ta~Øi'dIr:' MID 18 . . .,...þøf..Cha.........~...~4i.~,.... . '.4 :. % Formula: (OumInt·AmrIuJt 11àt ace ~;arnoúnt)-1 .,. " .... . ReIu1t8 8nd Acliarfs:Jfthe ~..... ......10% BCC appfO.eI"~ under. tCJiJ' ~ 10 ace on Pu~ report.. For ~ ~.,..'.bØ f'IgIU'ding work Ofdér'~ pI8B8å refer lIO'lhe eontr.ct ·Admina.t.Idk,., PI'ODIICi.na.. SecIian ""0.04.. .... AþiICIa._*. CURRENT COMPLETION DATE ~ 1111.. CÛl.,....,....,J'-: 11f1JD4 .._._._..RI~.OF.~~(8):.""","'" ~~.~~~:.; Î.IIiie..PO.tf.BIalVjI....out--- ~ _.__..._. Ih.'t-~ . .... .... ..__.. ......_._..._...._. ..... __..._.__...____-,--_....__________.__.__.---:;--. . - ~.;. w, . .. JU$hI"KòõA'DOH::'PGR- aWG£. (S):. WIIIIt .... or ......-' do ......- ...,.. provide tD 1M "= . . ~ 1II'OItd.. *~. L_ ........GtItIw Ie . 1 ~ tD --·tIIe;;¡;Ct'-lo'~ ~ ...~ .... . '.' . '. . " . .' ~~ ci»r(ACÆø ~... .' TiIIi~ ~- þ;t, -I11JoÎG'P-_ ¡þI~ .. ~ ..... .... ...... ..... '. ~.·..~M:..--"òc.._wtlh.ob.·_gý."·'årNlA) . ~ PrtJpoeed.chI!ínsItt is ca_I' IW WttI1fteIicope·alh aI8IIng .-¡_ ~ PrtJpoeed cliJanQ8 it! ".."..n' addIiIn ~: ""lion to tte-existing· ~: . fMA Change is being~ In a ~ coiwåItent wilt the e)dstIn; agntèmIint y... The 1!Ipprcpt'" pattieI ,..,. been CICII'18I.iI8d ~'W the ct-.e . . ~ Propœed price8, f8BIi erJd.DCJSt» .. fartIit i11he change .. Æll:a ~ PRO.IECT MAMAGt:R ~Ì1ON: 11ila form .. lID be ......... c:IIMd. ~. . APPROVE sv: .- . '. ... ,'.' . Data: ~ '¿'g'.~ . ·AMSWEÞB¥:·' ,.. . i. Ifl((~3/~/t5 ": ~., '. ".7 I . ,. . . . I I I . . :Revised 12123104· .a;""", if<':""":.:. .. ,¿,.... ;.....' .'"':,' ':'.'.~ '.....- ......:.".;~ .--.... . " .::.... ..·~~tJJ'1rt':·ir:. ~i..).. , . ~NIØUNT: ORØNAL $'SLatta.44 . ~~.Aif , , .'.. ' , . :~~t'CIIN"f)"1tfGJJDING ntIS'C!WIGe QRDER) ~ecc~ Amount:$5U16tM",. ' ,'; , . , ' i " , ·..~~IIØ.~NG'~,~A4) j '~.,~~,~,.ApfJm\cal:M-~,_§p"·· ~.þ8m#ig . ~... ;~"'~';"__øf~~~:'i.~~~ P~~ct~--ge~~,~ rr,"~..,i ¡ '~~~AnIoüßttLaSt,8CC_~~:¡,'" , .. .....: " . " ,t , '~\8ndc~·"'''~,~tœc.acç~je¡~1~,~·to!lCOO".P~S , .: ~~;. FW.Peotfiø ~.,~, ~'~h~~,~·æfer·to Ö'Ie CQntrad Adnt~n ~..sectiønm.C.4. ' . ,>P,' ' ;.' ' ¡ " . ,.' .. .' , .' . "'. , , ., ., . . . ~. : , .. j ,. ~~~~~~~ I,c~~"=~~~~:__~¿_=~] ._~:___ -_. .' .., . _,_~_____ , ~FORCHMGeis);:Wh8t,WiIae'Qf:~tdó~<:.Q~pJÇÞVide,~·. project? 1 .:.%~ad~~_.-~_~W2ãi!f!.a1,7~ """"., pç~ . , , '. 'Ii.~.'. : :, . .: . : , " . '", ; . ',. i ~TIES .QOIf.T.AiØrED~¡,,_ ~.,~' ,taAIeri.e. M:aAaœment and Surdaet AAaJvst. -r~tatkJn~~~'äø~(~~"'~~;' .' "1 ' ,.: .:i.·~ENTM'1ON STEPS~IIi«y'~,~~~:f.~.,tti.I!'~.Y.N orNtAt I,' ,.,~~. ~.jilritb,thfì· ·Qfifiltí~·:, ...... . t :c~"': .,1$ ...",' .,. '~_'~.,.. j'" .'., ~...,.., " I "i~-=~~~ 1 . v~.~ prièes. tþeS,and .cOsf8setfórth.fn,"~,,,:,~~ ' , PRQÆCT MAN ·fumIi$:to_.~.. dated. APPRovE BY: Date~$<i U·: (J r 7 .,. .', _l"ú~c Ð~1e: '~ - .. Agenda Item NO.1! Apri112,2 5 Page 130,58 ·i " ~"~IFICATION cøefIO.JSirfORM ~:~US,41,NoRtt,~¥~.:JfIne~;to~ ~T,#:'1iOU07 ~ .":' . ... . ',:. .. ' ; " '=;.,: . . :~* .1JS:MI511OD'tlRíOUaT~~~'r:~ 'J t ¡ , , , ~ ,. . . . - Pq.~ tÚ&1 WoItc.QI'd8r "~...-œ Raised 12/23/-04 .j . r' "-1< LOI.t:lCO UjOI.t:l ,-'0 ~ Õ ".q- ~~ .....-0.> E 1:: C') 0.> 0.. ro :::«0.. ro "C C 0.> C') « It) Q ~.- ~ 0:: o a. w 0:: 0:: w C 0:: o W C) Z 4( :c u w > ~ ~ z i c 4( &~ CCD~2 ~ 3 u C e. ¡¡eëñ.ï Ü c . ~ ::I GI C 0 Z 0 E u< 'E ~ CD Q) £ ..9 "C Q) 1:1/') g¡~ ~ c.. a.« GI CII C I'll , .t:. 0 uz u u CD g¡~ ,~ ~ J:.ï GI .. CIIC C ::I I'll 0 6~ ë CÞ~U) ~u:¡ ~J 1i GlOe. OUCII GI ci ~ licizl'll zZüz ~1!~1! 1 'e' f5 'l >a.ua. In Q .c ~ I'll ::E Q. 'B s GI I'll 1:1::0 E ci ~z #. ¡:: ~ ('oj '<t g '<t 0;)" 0;) '" ~ ('oj o o C"i N r-: C'> '" ~ Œ C'> ~ ('oj ('oj ò E c: o i 'I:: 8. II) c ~o:: 1-0:: .c Õ L/') @) c: U 0 .E 'B ui Q) Q) ~ II) QI 'C :5 ~ Q) 'E ëii w CJ: C) .~CJ: 1'ó ~ 16õC?~ à~~C) LO e ë '" o Q) ::J "C II) 'E Q) E !! 'S Q) C"gj !! ca Æ~ Q¡ "" ëii 'É!. E 5 ¡ßU (,) Q) . ::J£&i '¥ ..9 E =16B rj;g.g .~ ~ ~ ~JL~ Q) Q) ts .£ a;..c: O 11)_ - &.¡ ~5'E .2 .. ca :di 'ã. ~ Q) E !! ¡g 8 o..c ~ 1-.!I1 .S1 ui-g ca 1:1 ca II) 0_ ~ =Æ.~ e E e o.co. .!;;.2 ~ .. 'tS- €.È'õ 2ê~ ..9 8 ~ "C1:IC" ~ ~.2 'S ~ t) C" o...c Q) E - ... .- ¡ß .!!loco .!!! II) Q) ø 'fñ :5 1ë ca VJ E ~ ~ 15~e c:-o. ~ §.!;; 1:1 III C) -g ~'8. II) - ca tS (I) (.) QI .5 . g = - c: ~~.m Q1:m~ "E CI) - 01:11:1 ~~æ æ~~ tš g¡:s II)...J~ :E I- J!Ìl:' æ-; åi E III ~ Q) ¡¡¡¡£O .t:. g¡ f¡ ~E-6 o 1:1 Q) !~~ '~~ ~ ~¡¡:c Ó..9l!! #. ¡:: cC I'- 0;) N '" I/') ri Õ Ñ ~ '" o o '" 1R o CJ: 0;). ... ~ I'- 0;) O'Ì (I) C'> Ñ I/') ;;; c: o i 'I:: 8. II) c: ~o:: 1-0:: 'tS Q) .~ a. C) c: .¡;: Q) "C ~ .~ !: ~ I/')~ .- 0;) ~ en :I:!*!M..c Z õ5 I - C(l)~~ I/') o ~ o ('oj E § c o ë¡; e Q) III III !! "C "C ca .¡ ui ¡g 1: C) QI c: E co Q) ..c > U e ¿ ~ C) .- 1ñ ~ .g.a QI (,) ... ::I "Cþ C III ca ca ~:§ .!!! Q) .g ~ Q¡ C .r; .~ ëii"C Q) Õ ~ ~ fa ·s "C,É o c: ~ 8 § .~ ca '(;¡ .s ë: I/') '(;¡ 8 E N .5 Ñc;; - .¡:¡ . t: 'ii 0. c: « Q) ..9~ Q) !! E ca :.-::;¡ ¡g 'tS C) ~ C c: ca 8 tš ( ) g¡ 5~ . gl- C . ~ ~ ~ .æ ~~ o 'õ' ~5. c: "C co QI tš12 II) !! ~ -g ca åi ~ c: 'tS I'll 2 "fi 7ñ ...£ o .5 ~ Q) ~ ~ ~ ï~ O"C #. ~ 8 c::i o I'- ai 0;) I'- Ñ ~ ... ... 8 c::i I'- '<t r.õ I/') I'- Ñ ~ o o c::i M ('oj ri M ~ c: o i 'I:: 8- ê ~o:: 1-0:: I/') !::: ..9 ... '<t en :::I "C III 0:: ~ 8J o 1'-16 :¡¡('ojl/')..>< Q)~~ ~ ~!88.5 L/') e ~ è'; o <') Q) £ .~ '6 co QI "C QI £ g' :.-::;¡ Q) ~ Q) ~ .¡:¡ oS o I- ~ o ¡;;,¡ ... Q¡ ..c E ð z 'õ ( ) ,5 '6 ca Q) "C Q) ..: c: 0 0'tS g¡,g: :E § "C(,) ~~ ~~ ~ co ca..c æ~ Q)£O -= ~ jë E,ª ..9 ~ ~8 II) Q) 2}£O 2!~ .!11 '¥ Q¡ ::I ~ 51 Q) Q) C).Q c: _ COj tš C .!11 .g ¡:: .!:! ëi åi~ C .t: ~ E U Q) ...a. o C) ~ .§ '~ '* c58 -.__.,,-- LO LO co UJOLO (DO.... .....NO , "LO ON..... Z..... -(1) E'¡:: Q) (1) a. ca .::::<:0- ro '0 C (1) OJ <: II) C >- IJ..N t- o:: o a.. w 0:: 0:: w o 0:: o w C) z <C ::c u w > ~ t- en Z i o <C QI(,) ~~ 'i ~ 8 E (,) C e. ~iñ~ üë ~ f! ::::I QI - 0 z ä E (,)« " iõ o [D II> :5 .s " .S:! r:: Lt') m~ ( Co D:« GI en C ~ ci (,)z (,) (,) IX! 1111ã ::::I > o 0 "> "- QI e. ... e. a..« QI - enC C ::::I Ia 0 ~ E (,)« ë QI . - E'ti.!! 1:f!1ã C') .... ·ü e.CQI QlOe. C(,)!n ~ . ci ~ IaOZIa zZ13z ... 13 Ia 13 .2CÞ.t:& .....- c'- ¡ e 0 e > a.. (,)a.. II) o .c u ... IV :E ~ 'B s QI IV a=c E ~:i ~ r-.. .... o o o Lt') r-.. o' ce ce. .... ~ M o o o g ci Lt') ~ ;; o o o o .... Ö .... ~ E ( ) E &'J II> ::gg 'ë:j r:: æ~] '" )( ( ( ) ,!:1 ã. ~ E '" ( 0 Q) U)ü 16 ~Xi 'g ëñ ,!:1 g¡ ~ ~ « oðU) 8. ë ~ §- ::::I ijj ~ 1:5 2' CI.I .æ Q) ~ :2 E Ü Uw <?;o ~ -¡¡:¡ r:: Õ r:: ::::I ...., 0 0 'E ceëñü ~g~.&~ <ON~ °õ :I:Lt')oD:ü Lt') o as ~ o ..,. ts ( ) '0' :s. ( ) :5 Õ C) r:: ~ E :v Co ( :5 r:: II> j 'ª '5 CT !!: ( :v := .r:: u :2 := E .J!! "5 '" r:: o u ( :5 >- .a " II> " .:; o :s. '" II> U '~ II> '" -¡¡:¡ r:: g 'C " m õë îñ ~ o " U r:: ( Q) :5 E '" m :v 0 > ::J o 0.. ~ <0 "C .s ~ '§ C) Q) r:: 0.. ~ ( U '" ",::J :2-¡¡:¡ I- r:: g Gi'g C 0 Ia ü .c m ~ E o 0 ~ .J:: GI " "~ ~ GI r:: > m 0"5 ~ 0) <'! .... , M ~ c;:; .... ci o ..,. ci N Eo't N (") ..,. .... N r-.. (") ~ ;;; ci N ~ õ .... (õ M u;j ~ ë ( '" E ª~ 'ë:j r:: æ~] ... 1!:! c: ( ) ü ëii ...., '" II> ã. m Z Õ c: .Q 1ií > r:: 0 o ijj tš a= .5 oð '" c: r:: 0 o 0) '¡¡; üceNr:: ¢::g¡:!;¡ ~ ~ N eX, )( ::'::Lt')O)w Lt') ~ 0) o M o Lt') ~ C") N 9 o o r-: N Lt') Ñ r-.. to ce' Eo't ~ '" II> -¡¡:¡ '" Õ ë II> E >- (1 Co II> :5 '" II> > m '" .r:: u :2 := ¿, c: ::::I o Ü ( ) :5 ~ '" II> '" m .r:: ~ ::::I C. -¡¡:¡ 'r:: ( ) 1ií E N o o o o Lt') Ñ 0) to a5 ~ o o ,...: N o Ö to ;; o w ~~ ts !!: 'C .s II> ::::I "C :v " 6 Q) C) r:: m .r:: U ( > tš ::::I "C ( " (1 .!!1 '" :2 I- .... ~ c: N ,Q § Õ Ëñ 2 r:: û) [ r:: )( 8 w ~N¡¡¡M:: îñ5S~:!:: ~¡¡¡MÜ >r-..oZ Gi c: Ia .c u - o ~ .~ QI ð In o as o M o to E m II> .þ U) :2 Õ U) -6 C) E >- IV Qj " II> :c m " 'õ > m c: ::::I .s Q) ::::I " In o o N Ö C") :v .a E Q) ë. II> U) .s Q) "5 as .r:: u '" ( :5 '" -g <Ii ~~ 11>" ~æ ~û) ~ ~ :Vø ~o ~~ ( " > ( K '3 .5 ~ .s ~ E '" II> r:: E~ .9- r:: §-.g II> m "'C= r:: r:: (1 ~ ,g~ .!!! U '" 0 :g~ m .s :v" " r:: 6 m II> '" C)'" c: ( ~ ~ ~ Co :2 ~ I- 0 ts ~ CÞ"E c: 0 Ia U .c E U m - !!: o û5 ~" .~ 'g. J:.:J o .6 I.t')I.t')OO UjOI.t') ...-:) ~ Õ "CD N.... ¿.... -(I) E'¡:: OJ (I) c. (t :=<Cc.. (t "0 C (I) OJ <C It) o t", I- a: o a. w a: a: w o a: o w " z < ::I: (.) W > ¡:: ~ I- en Z i o < GlU g'~ ~ 1 f$ ~ U I: - ~ü5t uë . I! :I GI - 0 z ä e uCC "C æ o CD CD £ .s "C CD 'ELn s¡~ CD C. Il:<: GI aI I: III . .c: 0 uz U U a:I g¡~ .~ ~ l: GI- all: I: :I III 0 t3~ ë GI . - e ü .!! i.s~ iä!. CU(f GI Ò GI Ii ò z ¡¡¡ ~züz .g~.s1! >!¡,e- ä 2' ILUIL In CI .c: ~ III ~ ã. .~ .!J GI III a:c e ò ~z i!- <c <c 9 o o c:ò ¡ß r-: ø; toOt o o c:ò ( ) ( ) Ñ N co ~ ô o o M '<t LÖ ~ o ~~ Q....J IJ c: 'g¡ .- Ln J:dI; ZM o~ 'E CD E CD > o c. .É M q ... iñ Q. ~ c: .2 (¡j iñ 0. E :::I ~Q. <C$ C? IJ ~~ Ln ~ ¡;;; o ~ E ,g .g o "C .~ (1 .s -'" i o'È c: :::I o 0 _ E '6 (1 i~ "C.I:I I: c: (1 0 _0 §Æ M" .s M c: ~.2 üÜ (1 .s E-8 8 ã5 ëii c: c: (1 :21 .s: è5 ( ) ~~ - :::I .s: g¡ IJ ... ~o ~Iì; ~r-: (1 N õ~ g~ ""q CD ãi(/) "CQ. õ~ .§ ~ (6~ .S: IJ ~ ~ 8-8 (1 .r::. .!II J ~ë è5 '* CD .- ~ê (1 8 .c:(/) ~Q. :E~ I- IJ £ CD -'" I: m III E 'fi.s "'"C o c: . (1 III(/) .- Q. ~~ > CD O£ i!- N N ..t ¡g ,..; u:; LÖ '<t ( ) M M ~ ~ r-: o ( ) M ..... CO ~ ..... Ò ..... M c: o ~ 8- IJ c: (1 n::: t=n::: 1:$ .e, E~ Q. ~ ~:¡ B~ ~ § c: 0 mC.( ...J"C "C (1 (1 0 On::: n::: II) c: II) .!!!MLn.s~ E'" ~ ~ ~ C:~"S:E ~~~3:::;. L() e '<t ... (;'5 o CO c¡) CD :e 'E m :::I cr f!! .8 ëii c: o ti ! aj '6~ .S: Iii -g E (1 c: ui 0 CD(¡j - ( ) - ... æ .; 5-£ ~.g CD (¡j E IJ CD > CD c:j/ m IJ 15.5 0::0 - (1 ~ .~ CD .- E CD -"C rn .- :::I > :t;'e (1 0. CD"C "C c: :::I m g ~ .- c: .r::. m o c: .- CD .r::._ := .S: (1 E ui c: .~ ~ .~ .Q ... ... §,.E ëñ .!!J CD m "'C -¡: ... CD g (¡j 'E !: J!! 55 ¡¡ 15. ~õ ... c: ~g è5 .§ ~'š c: ... (1 CD .r::.:¡¡¡ ~~ ¡5~ :; rn å) ~ Iã~ .c: IJ u CD ... ( ) o c: m ~i3 ~ s¡ ~ CD o~ i!- N <c c? o C') ,..; CO '<t Ñ ; <Ii '<t ~ <c <c CO ,..; æ g ... a:i '<t M Ñ M ~ N r-: CO M ~ c: o 0!5'g ~ ~ ~Æ:J c: o ti :::I .1:1 IJ c: o UN =:0 ~g ~ Q. ëii c: o .~ n::: IJ CD 15. (1 Z .c: t: o Z .ê -'" IJ g,¡~ .....@ C?~ oU LO o èa ... (;'5 o ( ) ~ IJ CD ëii IJ Õ ë CD ~ m 0. CD £ IJ ~ IJ .c: o i .Þ c: :::I o () ~ >. ~ IJ CD IJ m .c: f:! :::I 0. ëii ~ (¡j E 1:$ f!! '6 .s CD :::I "C ... CD 'E o CD ( ) c: m .c: o Q) > -g "C Q) "C m .!!1 '" :E I- èi c "' .c: u ... o ! .~ ~ o U")!'O co UJOI.O (00_ ....-NO OÑ~ Z"'" -(1) E'c C! (1) c.. ro ::::«a... ro "C c (1) C! « It) e ~"" Ii o a.. w c::: c::: w c c::: o w C) z < :::J: (.) W > ~ I- m Z ~ c < CD U g'~'i 11 ~ !:! U C 8: ~iñ< -- u C :. I! ::s CD - 0 z 6 E u< "0 ¡¡; o cc Q) :5 .s "0 Q) 'ELl1 g¡ ~ £~ CD g¡ C I'll . .c 0 UZ u U III !I'i .~ !:! I!! e. a..t CD - g¡C C ::s I'll 0 c3~ ë CD ,- E ü ,!!! i~~ e.CCD CDOe. QUCI) CD Ò CD ~ Ò z ~ ~züz o ¡¡ ~ 1í 'g 'ë' 6 'ë' ~a.ua.. In C) .c u .. I'll == ã. 'ãi CD ~ ëõ a:Q E Æ~ '# 00 ~ ..; o o N ;¡; cñ C) 00 Ll'Ï N ... IC o o o o q <õ 00 ~ ... o o <Ó IC It) Ll'Ï æ ... o UJ ã:~ ~ .9 ,ª § ü ïi) 2 e: (;) ~ e: )( o UJ ~~oo~ 5~~== g~NU UJr--oZ Ll1 o N ~ '" o o ~ E ~ Q) ¡jj "0 '5 0'" ~ 6 '-' ::!: ~ Q) ~ '6 a; e: ;:= o en I'll ;:= "0 e: I'll en C1 e: '> I'll en "Uí o (J E ~ ¿" e: .9 "0 e: I'll >- (J e: CD 13 := CD "0 CD en I'll CD t3 .E ~ .a en e: ,2 "¡¡; a; Q. o 'E I'll ã. ~ (J e: I'll ..c: e: Q) a; "0 5 Q) C1 e: I'll ..c: (J en :c ~ åi c I'll .c u - o ~ CD ~ CD > o ~ " o o o o o N o Ll'Ï N r--. ~ ;;; 8 o N o Ll'Ï N r-:. ~ ~ ... o o o ... o UJ 5:~ C1 .E Iii Q) .E IC C1Ll1 e:~ UJ'" ª~ 00 '-C) ~o Ur-- c: C1 ï¡; CD 9 Q) en"¡¡; 21== .~ ~ CD:-:: en !6 C1U. .§ 6 æ.. .E ~ ~ .!2 1: UJ(J~ _CDc:: ~a:: oü)ë ~.~ ¡¡¡ ~ ~~€-æ ~ 0 0 e oll:z~ Ll1 o N ~ '" o ~ ~ ai C1 ~ ::3 C1 c: .!!1 c: .2 "¡¡; (J - 1: E CD "0 .E "0 CD "¡¡; "0 Q. ::3 CD :5 :5 .~ c: .Q "¡¡; (J u::: '2 E CD '0 .E E C1 iIi CD 13 'E 0( Õ N c:ci "0 c: I'll ~ cO en e: o 13 CD en .5 CD C1 ~ ::3 C1 e: .!!1 ë;j c: '5> 'C o CD :5 en CD (J I'll ã. æ Iii "0 5 CD C1 c: ~ ..c: (J en :c ~ åi C I'll .c u - o æ ~ ~ o '# 8 o It) '" If) co '" ,...: C) '" Ll'Ï '" ... N Ll1 '" If) co '" ,...: C) '" Ll'Ï '" ... o o o ... c: o ~ 1:: o Q. en c: ~cr:: ~cr:: en .9 (J ~ c: o U ~ CD c: CD '-' ad !!! CD CD e: '5> c: UJ ::!: u ::!: en en ~ Q. a; > o '0 CD ~ ~ Q. CD en CD '0 ~ ð CD "¡¡; ",'-' It) c: ICICCD 0","0 gg8 It) ~ M ¡:;; o N ~ "0 ~ ~ Qj '0 en ; ë:S CD 'õ' C. en :c ~ ~ N rti N Iii .Q o ë:S o .s Q) "¡¡; '0 e: o ~ 15. E o (J Q) :5 '0 c: Q) )ê Q) .~ ..c: (J :c ;:= ë:S ~ -E"'" 8 ~ £õ o 0 i-E ~ 8 ~en ~§ -(J s e 21: ~8 :c Q) -.c en - '0"0 '0 Q) ~ ë:S '- Q) ~ïä ~~ Ol- e: en ~ Q) ..c: c: (J I'll ~ °E ~.È 5 Gi 1õ' C E I'll Q) -5 ~ õ£ õ æ CD .~ g,¡ CD ~ > (J 0.8 1.0 1.0 CO UJOI.O -'00_ NO -CO N.... / .... ...._(1) E'¡:: OJ (I) a. (\ :::«Cl. (\ "C C (I) C) « II) o ~'" ~ a:: o a. w a:: a:: w c a:: o w ~ Z CC :E: (.) W > ~ ~ II) z i c cc 01(,,) f ~ 'i ~ f e (,,) c:: Q. ~iñ: üë :. ~ S II c:: E zS< "t:I m o cc Q) £ .s "t:I Q) 'E1t) g¡~ Q) a. Q:« II 0) c: IG , J:: 0 (,,)Z (,,) (,,) lEI ~'i o 0 t a. .. Q. a.< II .. O)c:: c: :I IG 0 ë5~ 1: .. II tï ,!! ~lGii RI .þ 'u Q. c: 01 01 0 Q. C(,,)CI) ~ , ci ~ III 0 Z IG ~~-g~u o~.sGl " .... c: .... ; e 0 e >Q.()Q. In Q J:: ~ III :IE Q. 'f¡ S II III &XC E ci &z <fl. 2$ o It) M Lli CO M r-: 0) M LÒ M tit M LO M Lli CO C') r-: 0) C') LÒ M ... o o o tit c: o 16 1:: 8- '" c: cae:: ~e:: '" e !Q ~ ~ ~ Ò o a:! U êii ~ ta Q) a- c: Q) Q) en C) .s oð ~ ~ (.!) ~ Q 'õ\ êii c: C') C) UJ LO c: :EI~~ ~_~8 LO ~ !:2 M o C') .... _'" E 0) ::J "C c: ca ~ o Q. ca "C '¡:; o ü: 0) .5 5 tS ~~ ~ 8 ~~ ~ .sa '" Q ~£ .s ~ Q 8- !Q Q) 15 b c: c: :~'c o ca Q) .5 ... - Q) '3 i '" '" I!! ~g 01_ ëñ j 6.t: ~~ ~ ~ ,~ I .E ~ ~ ca .~ C5 Q) a- '" E "ffi2 u Q) '¡: "C Ü os: ~ ~ ~.s 1!!"C o Q) a- '" E ::s 2 !Q o ~ - 8 ~ c: g ~ ca 0 QjCã "C '" C5 E ~'ª c: c: 2·g u ca '" ,J:::! :E"ffi I- ~ êñ Q) .t: I- Gi c: III .c:: ..¿ ~ 5 o ~ . ¡: '~ ,g II ~ >..Q o I!! <fl. 2$ o LO M Lli CO M r-: ~ LÒ M tit "'" LO M Lli CO M r-: 0) M LÒ M ... o o o tit c: o ~ 1:: o a- '" c: 1!!e:: 1-0:: '" '" ~ ~ .§ CD ca > 'E 0 o "C U Q) - ~ ~ ~ c: Q) Q) en C) Q) oð "C '" ~ ~ C) c: '* 'Õ\ c: C') C) UJ LO c: :E¡g~-8 ~gc!;8 LO 52 .... ¡;; o "'" .... '" E ,~ ~ E cc!1 , Q Q) 0) a- ca is. ,5 E ~ "'0 B Q "'.t: Q.- U Q e::£ ò .5 ~~ .E 0 E.t: Q) rJ' :to Q) Q)£ ~ Q) > o u .s ca rJ' "C "C ca "C 8 c: c: ca ca Q) ~ .~g ca UJ >- ê5 ; :I:~ Œ:e:: -E~ .'ª' E ë e ca- ::s rJ' O""t:I æ.2 0..0 J!! ~ rJ' ~ ~~-e m ~ ::I '0 - 0 æ 1! ~ 1:-;;;<:3 Q) Q) ca .5 .~ 'E !!! ,g 8 'iª~ Q)rJ' .s .~ :E Q Q...... ;; ~ ~.s .E~g¡ ~ ; ~ g..Q~ ca ñi .- ... >- c: -8 ca ca C5 ~ .5 &~~ c: e:: '" ,2"t:11!! uCõ .S!! ~ c: ~ gn¡ .5 "C å.i ~ c o ca c: E E III o.s,¡ J:: .::: __ ~a:!~ . 13 Q) II ::s U ~a:!æ ~ ~ ~ o m:¡¡¡ <fl. 2$ o LO C') Lli CO ('I) r-: 0) C') LÒ C') ... It) It) M Lli ~ r-: 0) M LÒ ('I) ... o o o ... c: o ~ 8- rÞ c: ~e:: I-e:: rJ' ~ ~ U Q) ~ Ò 8 a:! ~ -; Q) a- c: Q) Q) en C) Q) oð -g ~ ð Q) Q .5 êii ~ ('I) C) UJ§It)C: :E <c Q U '?~ :Eco~C) It) 52 .... !:2 M o It) ... >- Ii ~.s ')( ~ ~c: Ii~ õ:¡¡¡ rÞ >- ~ca 'S: ~ ca ~ rÞe:: ëií o Q u£ ca E .5 0 .=.::: ::s..æ ~ "! c: ::s .2 0 j õ E rÞ .. ca :ë.æts I- rJ' ca . ~ ~ ~ Q 8 ãí£]i E rÞ 0 Q)- i·~ Æ .. 0 - ~£.s 8 16 g¡ ñi rJ' ca g¡ ~ ~ Q) .5 .~ ~ c: 16 CJ ca E æ.5 2 ~o"5 ñi Q) :¡¡¡ æ ~ f] -g ¡g'i -ge::"t:I ~ -g æ ~ ~ ~ c:8 ~ ': rh,æ m -g ~ rJ' ca c: ¡ß ¡ ; ãí~g ~8~ !¡¡ E ñi 'EE!~ 0-' (D"Cen ~~-g ca ::s ca -Sa:!¡ rJ' '0 > :E!:; f-caU '" (D Gi E £ .~ .6 ;.t:= J:: õ :E ~~,g 00", . ~ (D IIO.t: '~ 2$ :: ~ ó ~ o~8 Agenda Item No. 16E5J April 12, 200t1. Page 19 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: 41· Street SW/ 20th Place SW Sidewalk ImÐrovements PROJECT#: 60016 BIDIRFP #: 02·3327 MOD #: LAMOUNT OF THIS CHANGE $ 1200.00 POI: 4500032492 Work Order #: BOC-FT -04-12 CONTRACT AMOUNT: ORIGINAL $ 91.202.29 (START1NG POINT) CURRENT $ 92.402.29 (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N/ A (LAST TOTAL AUT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 1200.00 Percentage of the change over/under current contract amount 1.3 % Formula: (Çurrent Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: Sectember 20. 2004 CURRENT: February 28. 2005 SUMMARY OF PROPOS:ED CHANGE (S): Identify the changes. drainage imet. . This chane:e order was for a new JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project? When installina the new drainaae cice. the existina inlet needed to be reclaced because it was failina. PARTIES CONTACTED REGARDING THE CHANGE: Bonness.lnc. IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) v'Proposed change is consistent with the scope of the existing agreement ./ Proposed change is in fact an addition or deletion to the existing scope ~ Change is being implemented in a manner cònsistent with the existing agreement ~The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MWER RECOMMENDATION: This form is to ~ signed and dated. APPROVE BY: -.-d . ate: :2 -;2 c.j- ô.s- Pro' agar M' Date: ~ ~ Revised 12/23/04 Agenda Item No. 16F~ April 12, 20~ . Page 20 of 58 CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAIIE: RookerV .." Phaee II IM_ Road) PROJECT': 73160 BIDIRFP ~ 01-3280 MOD I': 2 AMOUNT OF THIS CHANGE $ 0.00 PO #I: 4500020I4& Work Order I: QQM-FT -G4002-Ð1-A CONTRACT AMOUNT: ORIGINAL :".JRI ~J.~ Lat BCC ApproV8d Amowrt . B1.f8'5.00 (UIT"1ãTAL 1IIf. MQ\IRlNClIICC APPROVAL) D8te of L.aat Bee Approval Agenda Item ## 'If, dclj(lOO'()() CumullllhM Doll. V.... of Ch..ge Orders to 1111. ContractlWork Order: $ ~ = percentage of the chMge ovw/under cut'l'8nt contract ernount it % Formula: (Current Amount I Last ace approved amount)-1 Results and Actions: If the change exœeds 10% Bee approval Is required; under 10% reported to BeC on Purchasing report. For sp8cific Information regarding ~rk order thresholds, please refer to the Contract AdmiiWbation Procedures, SectIon III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: SeDtwnber 29. 2004 CURRENT: Novenber 29. 2005 SUIIMARY OF PROPOSED CHANGE (S): identify the changea. ThIs Is 8 chanae order to suoIement the rate schedule for Q Gradv Minor and AssocIates to include fees for survevlna Dursuant to task 2 of the June 24. 2004 DrooosaI for consultant JUSTIFlCA110N FOR CHANGE (S): The Orialnal Work Order was for the Enalneer to submit the studY for Phase I of the Droiect. It was not DOISlble to envision the neoessarv work Involved In the contract because cI the unknown comDIexItv of thla Protect. It Is now necessary to sUDlement the contract to include the rates for survevina to cornclete the deIian for this Droiect. PARTIES CONTACTED REGARDING THE CHANGE: Mr. BIt Mullin. PrinclDal Proiect Manaoer. IMPLEIIENTA110N STEPS,{V.aty each b8fore proceeding with change using Y, N or NlA) "'"'-" -L Proposed change Is consIstn with the scope of the existing agreement .lL Proposed change Is In fact an addition or deletion to the existing scope ...x.. Change Ia being Implemented In 8 manner consistent with the existing agreement .lL The appropriate parties have been consulted regarding the change .lL Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDA11ON: Thl. form I. to be "gned and dated. APPROVE BY: 0 d I { ~ Date: X I ()/¡./'{)S- P~g.r ~ ,? ,I REVIEWEDB'::~-,"" »)7 Y{/W ' Date: 3/'7/oS-' . vom~peclállst I Revised 12/23/04 Agenda Item No. 16Eri April 12, 200"!" Page 21 of 58 . . CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: Manatee PumD StatIon - Sound Attenuation PROJECT#: 70052 BIDlRFP It: 01-3290 PO #: 4500022040 MOD II: Chanae Order 1 AMOUNT OF THIS CHANGE $ 0.00 Work Order It: PHA FT-04-02 CONTRACT AMOUNT: ORIGINAL $ 8.951.18 CURRENT $ 29.450.24 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $ (LAST TOTAL AIIrr. REQUIRING ace APPROVAL) Date of l8st BCC Approval Agenda Item # Cumulative Dollar V8Iue of Change Ordera to thl. ContrllCtlWork Order: S20A99.06 Perœntage of the change over/under current contr8Ct amount 0 % Fonnula: (Current Amount/ Last Bce approved amount)-1 Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to ace on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT 9QMPLETlON DATE (S):ORIGlNAL: June 2004 CURRENT: Julv 13. 2005 SUMMARY OF PROPOSED CHANGE (S): identify the chanaes. Droiect. Additionaf time reauired to comDIete JUSTIFICATION FOR CHANGE (S): What v8lue or benefit do these changes provide to the project? This chanqe will extend the contract time to comDletion of construction . PAR11ES CONTACTED REGARDING THE CHANGE: Bill Mullin. Pam Ubbv IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor NlA) L Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope L Change is being implemented in a manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth In the change are reasonable PROJECT MANAGER RECOMMENDA110N: Thl. form Is to be signed and dated. APPAOVEBY:~~, ~. Date: 8-)\.\-.-o.:s Project Manager O~--~~~~4:1Jj¿ZIH4- '-~;3-:¡V-ðS'''~=' ,.. -..-.-.--. _._..~._...- .-----.- ~._.~._.,-_._.._.- -..-- -.--. Revised 12/23/04 ," - )" . Agenda Item No. 16E5 April 12.J!//l:.5 Page 22"",(58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: North 1&1 Studv PROJECT #: 725021 BIDIRFP #: RFQ ~3522 MOD #: 1 AMOUNT OF THIS CHANGE $ $7.140.00 POi: 4500038106 Work Order #: ESS-FT -05-01 CONTRACT AMOUNT: ORIGINAL $ $5.220.00 CURRENT $ 12.360.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $ - (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BeC Approval 3/22/05 Agenda Item # 16.C. Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ $7.140 Percentage of the change over/under current contract amount 137 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (5): ORIGINAL: 2/15/05 CURRENT: 6/1/05 SUMMARY OF PROPOSED CHANGE (S): Identify the changes 119 additional Manhole InSDections JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Insoections to be oerformed on an additional 119 manholes - deemed necessary bv County Wastewater Collections Deot. to oet a better oicture of inflow and infiltration at the northern half of the County PARTIES CONTACTED REGARDING THE CHANGE: Steve Naov and Dave Fitts of the County Wastewater Collections. DeDI. Tim Moore and Ron Parker of Greelev & Hansen: Joe Cheatham. Rov Anderson. and Jim Delonvof Public Utilities: Linda Jackson and Steve Carnell of Purchasina IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) .lL Proposed change is consistent with the scope of the existing agreement LProposed change is in fact an addition or deletion to the existing scope L Change is being Implemented in a manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change L Proposed prices, fees and costs set forth in the change are reasonable Revised 12123/04 Agenda Item NO~E5 April 1 05 Page 2 PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. APPROVED BY: //~ A Date: ::r/!cf'/Lf, Projecl Manager ' APPROVED BY: Date: Joe Cheatham, Wastewater Department Director APPROVED BY: Roy Anderson, PUED Di~ REVIEWED BY: ~. ìY!. ~ Contra eclahst Date: Date: Revised 12/23/04 ~ -;¿I-CJ~ - Agenda Item No. 1ll1!S April 12JOfjŠ Page 24 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCRWTP-Deaasifier Blower Sound Encl. PROJECT #: BID/RFP #: 04-3535 PO #: 4500029323 MOD #: 1 AMOUNT OF THIS CHANGE S Zero Dollars Work Order # UC-009 CONTRACT AMOUNT: ORIGINAL $ 355.000.00 CURRENT $ 355.000.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $ 355.000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 06/09/04 Agenda Item # 00030 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ Zero Dollars Percentage of the change over/under current contract amount 0 % Formula: {Current Amount I Last BCe approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORlGINAL: 11/08104 CURRENT: 09/10/05 SUMM~y' 9~ PROPO~t;D C:H~G~.(~): Identify the.changes. A time extension is aranted for the additional time reauired for Installation to accommodate Dlam ooerations. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? Due to the high demand season. the Dlant was not able to accommodate outaaes reauired to Derform The work. PARTIES CONTACTED REGARDING THE CHANGE: Peter Schalt. Sr. Project Manaaer: Paul Mattausch. Water Director. Stevé Messner, Plant Superintendent. IMPLEMENTATION STEPS (Verify each before proceeding wfth change using Yj Nor N/A) .::L Proposed change is consistent with the scope of the existing agreement NIl.¡ Proposed change is in fact an addition or deletion to the existing scope .::L Change is being implemented in a manner consistent with the existing agreement .::L The appropriate parties have been consulted regarding the change .:L Proposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER RE9 MENDATlO: This form is to be signed and dated. RECOMMENDED BY: . Date: '3/ Z I ( oS" -:> /-¿.{ J 0 \--- I / 3Ic:Z1/~ t RECOMMENDED BY: Date: REVIEWED BY: Date: Revised 12/23/04 .,...--.... .'-'.- - --. Agenda Item No. 16E5 0· April 12, 2005 Page 25 of 58 COItnMCT~' . Cf.ÌEaQJST FORM PROIECTNAliE: . ·lÌfdâetlo:OlÛ2.CIt··~ovw _. ~......- ..; "PfIO.ïeat.-: '51Ð121 IIDRFP t: OI"~fLt.oo~,· .. AMOUNT OF 11tIS ~ ... J~~''') PO -= 4500D31701 ...~ I:CHM-FT-owtt CON'TRACT MlOUNT.:O.....,. _. . tal2..ICL CUJ1.ItSNt .. ~... ~ r--' JI_.~~.GIIIII!R) L.-BCCAppa_~nt·'··:1a.· .'. .. '. (UíII\\r'RIffA·MIf. ......... woe 1IIIfIIIIØV~ . ø.oIt.a.t'BCC ~ H1A .... ~"'f . '. ClinlillIIIhe DøiI.r V.... afd:l8i;ge CØdIid·......c..~~Øi't:IIIrr. M1111'D . . .... -~ ath chaflIIUWwlü.......w..0u-4I.aI........" . ..,. ,.<.1: '" FòrrnuIa: (CUnWt.AnsuJt/làtec.c~,.amoûnt>-1 . ,., .. . '. . Results ånd Adiafts:ff1he change ....10% ace ~ ...~ \I1dør. to% rep$.I1I!Id 10 ace on Purch~ AIþort.. Far fIPØ!:ifiø ~ regarding work arddt·~ -pIBøsè refer 10' the Cont1wct ·Admlnhib4.lu ~.. SecIian .n.CA. CURRENT COMPLETION DATE ~ 1111,.. Cl.Il~~fJ.: 1'1/'UÐ4 _._._._..RI"ARY.OF..~~(S):.~ GMDgIIL.ÐWtJ-_'¡ Î-"'$IObv~"",.eto.a.aut-__ '~'~"- ....- _..~.~_..__..._-----:--.__._--------_.~.-- ., . ..... 'r ., .JUSnt.ìç~1IOH::'FOR· ~. rS): ~ .... or. ....... do ~. ~~~ plcMde to 1M ~ . . . ~ 1II'OIect.. coma 1 .= ...åIMaa....... ~~,"., .c:a..... DRIiIId.du8tc 8ddIIIaI...1.Iad8 ...... .... . . ~. . I , [:' , I .' =.cONfAaÆØ ~ riM'~ ..~~ .... ~'~fd·.~. i~~te· . " ", , ~ . . "LEIlEN'li-noM'.J~_" __þf~ e..-.wIth......·.. y. M~ HlA) . :t.. Pmpoeed'ChIìnge is aia~''<I&At'" 'f1e sicope·of.. alsling agfMlfeIa{ N/Ä Propoeed cli ange ÍII'" Wøt Mi' ~ I or: t'II4l1an to the -exieting..... . NJA Change is beinsi'~ In a ~ ~wIIt the 1Idsting~ .L The apptq)riate øarti8s haw been canBIiIId ....<ta to the ct-.e . . ~ Propoe&d pñœs. fee8 '8I.'Id·costa .. forII!I i1 the ct.nge .. Æ'III ]1** PRQ.JECT MNIAG1:R ~ATlOfì: ....... form .. tD be "'*it'" cI.-t. -_SY~ ÓIdo< .~,-.:-~ RlMí!Wl;þBV:' - - --j !---~:¿-~3/.:s/t15 . ': SpeÇabt., . . '. I / :Revised 1.?J23i04· ~''''''IÌi*~ ''''£;'",...,~., ~,,?~ , . .~ ¡¡,;i' Ii";· I ..::..... ..·~-K"t :i~...:.: . ~~:')~ - Agenda Item No. 1J?i April 12, 2 5 Page 260,58 I ,i. CQN¡~"Ji.CA1ION ~.'fORM ¡ i j ~~'~:~'~-_:"'!SI~,"', ,. , _.~l~~~~;é J P~'I~~~larv.lutt.~~:~;~'<~·:.¡~pa':"'::J'~,r,,:{{iH.,' t ., . .. " ' .' ¡ P~.af""~ø..m._· ~.. ~ " ,~ ÚIÌII5 I l c...;..o...~ò.lØ,¡~ A._~ t LàIt ~ :_...~ .,¡,;,.......u I " . I oI''-~·,·..-¡s~1~t'CW·~ ''V''''''''. ~-~~~~:~:-'~~,. J ' ,";._"... . I ,~~!~·:ft'.~,~~f=O$~~:i=~~'KPI'~·toacoon,~ ,'. ~~.I· L-1~~~.~~~~~t , : -~--~~~~.Friã~~~_:~~~...~~~~~:;.proJecr1·'-----'-·-·r-----' ;". .~ ~:~'US:.1,JIodtt,RoadWw~!AIne~~ :~1SCT.#:6OOO1 ;~'.: a.14B5t1œ·.'l 'A1ÍCÛfT__._". : :~.;.::;:.' ... .' -. . ' '. ;-. . ."," ,- "::~'~" .-"..', .'~ .:,.:~..,,::. "'pci#:'4~ . WM·Oftter ,.~~ . . . . '. ,".. , " ~.MØUNT:~$'~V.:~~~ . . ...., . . :(St.....~' '. ,';~ TMIS:CMMGe QREJER) Ll stecc~wd Amount:~,~t441";~'~GØ'~.) " 1 I I I H .. ...,.,..... ..:. . . .",' .;..,~ .': .... .....: .. ",t,', :~. , ';w' ~: . ;'r. . ".fJI$ ~.RI5~_j.:.~ ~,'~' ~ ....eœment and Sul!1œt ~. :.- :~~ØMsian:~&~:~~(~~:,,~~,:.. j . ':Jj":f...ëNTA11PN STEPS &VØIIy'.........:~,..'....:~i~·' r)~~ ...,Y~·N orWAt í ···;ii;li:'JIC1~~~ : PRµæcT II '~iS·ioba:~~d1II8d. . ~8Y: D .,ð~r~U·6r ~:~1ÞS .,-: ": Re'Viseq 12/23/04 .j ~~.; . Agenda Item No. 16El April 12, 2005 Page 27 of 58 CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: Golden Gate Intersection at 50th PROJECT #: 60016 BIDIRFP #: 04-3696 MOD #: two (2) AMOUNT OF THIS CHANGE $ (10.225.96) PO #: 4500038535 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 397.213.00 CURRENT $ 388.406.42 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last Bce Approved Amount $ 397.213.00 (LAST TOTAL AMY. REQUIRING BCC APPROVAL) Date of Last BCC Approval 9/28/2004 Agenda Item # 16B1 Cumulative Dollar Value of Change Orders to this Contract/Work Order: $ ($8.806.58) Percentage of the change over/under current contract amount -2.22 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 2/2812005 CURRENT: 31712005 ... ..SUMMARY.OF PROPOSED. CHANGE (S): Identify the .changes.. Add .two.newitems..anddoabalancine:. chane:e order for the actual auantities for the uroiect. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? See attached Summary PARTIES CONTACTED REGARDING THE CHANGE: Lvnn ThorDe. P.E.. PrinciDal Proiect Manaaer: Julio Ordonez. P.E.. TranscortationlDesian Ocerations. Senior Project Manacer. Lou Gaudio. Proiect Manaaer for Quality Entercrises USA. Inc.. Mark Lindsav, Trans/Road Malnt. Area 2. SUDervisor. Nancv Siemion. LandsC8C9 Architect. Robert Petersen. Proiect Manaaer. LandsC8De ODerations IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) -::f.. Proposed change is consistent with the scope of the existing agreement -::f.. Proposed change is in fact an addition or deletion to the existing scope -::f.. Change is being implemented in a manner consistent with the existing agreement -::f.. The appropriate parties have been consulted regarding the change ...:f... Proposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. Date: 2.. J l~/O:r- ~ J~ J ^ r Date: ~ REVIEWED BY Revised 12/23/04 - It Agenda Item N"- .aE5 April1~5 Page 28 of 58 <,,,.....-.. CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: 1tw' StrMt SW Roedwav WldMina Proiect PRO.ECT I: .. BIDIRFP .: 04--3825. MOD I: ¡ AMOUNT OF THIS CHANGE: S152..'.87 PO#: . Work Order II:. CONTRACT AMOUNT: ORIGINAL 11.880.513.00. CURRENT S2.013.532.87 (STMI1NØ POINT) fNCLUDINCI THII CHANClI! CRIII!!!R) Lut Bce Approv8d Amount: 11.810.&83.00 tLMT tOTM. AIIOWI1' MQII_ .:c........... Date of Lut ace Approval: 04I1.w.t, Agenda n.m I: !IIi Cumulative Dollar Val.. of Change 0n:Iers to ttlis Cùub -tlWork Order: S152.989.87 Pen:entage of the Changa OverIUnder Curr8nt Contract Amount: +lam Formula: (Cwrent Amcu1t IIMt BCC Approved Amount) - 1, Then x 100 II: percantage Results MCI Actions: If the dw1ge exceeds 101M> 8CC appIOYIIIia requir1Id; under 10% repor.IBd to BeC on ~ Report Fðt' tI~ nQl1uaUQn.~ng work orcier__..____ ... ····fhiiShOldi~ j)IiãS8·rerertó·th8·Cót'b·ãiètAèIñIÌIW"Iiöii~;·S8dIon "tC~4- ... CHANGE OF FINAL COMPLETION DATE DUE TO ADDITIONAL (10 WEATHERI HURRICANE DAYS), (4 DESIGN ISSUESlREDESIGN DAYS) AND (14 REDESlGNI RECONSTRUCTION DAYS). (28 PLAN REVISION DAYS), · (58 TOTAL DAYS) ORIGINAL DATE: 12127~. REVISED DATE: 04112m5 SUMMARY OF PROPOSED CHANGE (S): .. g in the drains and pIV8Dized pip, re-worked Swale, removal of lip panell añëì the increase of various materials to provide afety precautions that were Dot coDlidered in the original plaD. JUSTIFICATION FOR CHANGE (S): The DrODOS8d chanaes are røquestad to address thtt needs relevant to the subiect oroiec::t inciWinci but not nBC8SS8'ilv 11mit8d tDthe additional. increased Erosion Control· MaterialslMeasures. additional PtDe M8I8riaIs to maintain continuitY of Drai"ll108 Infrastructure imDrovements. additional AsahaJt. MIIIIna. Pavement Mar1ånas and Sianina auantities. all within. and/or adiacent to the subiect aroiect area. . PARTIES CONTACTED REGARDING THE CHANGE (S): The C.E.I.. Contractor. Field Enaineerina In5D8dDrIProied ~. PrinciD8I Proiect M8naaer. T.E-C.M. Director. Purchasina DirecIDr. T~"Wion Ac:Iministnltor. and Bo8rd rA CoII'I8f' CoLmtv Commissioners. ,_..~_...,....- CONTRACT MODIFICATION CHECKLIST FORM Agenda Item No. 16"0- April 12, 2005 Page 29 of 58 IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NlA) ..::L Proposed change is consistent with the scope of the existing agreement .::L Proposed change is in fact an addition, or deletion to the existing scope ..::L Change is being implemented in a manner consistent with the existing agreement .::L The appropriate parties have been consulted regarding the change ..::L Proposed prices, fees, and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: ~~. APPROVE: j DElte: Þ~((Ø(ð~ DISAPPROVE: Date: COMMENTS: - r"O'.,,' _'~,"_' ""Un""""'" .,_..., .._.. ."".'_,....~... ".'. Agenda Item No. ~È5 April 12, 2005 Page 30 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Immokalee Road - U.S. 41 to 1-75 PROJECT #: 66042 BIDIRFP #: 00-3057 MOD #: 11 AMOUNT OF THIS CHANGE $ 33.230 PO,: Work Order .: CONTRACT AMOUNT: ORIGINAL S 1.973.375.00 CURRENT $ 2.789.700.00 (STARTING POINT) (INCLUDING THtI CHANGE ORDER) Last BCe Approved Amount $ 2.756.470.00 (LAST TOTAL AIIT. REQUIRING ICC APPROVAL) Date of Last BCC Approval 6-22-Q4 Agenda It8m # 10 (I) Cumulative DoDar Value of Change Orders to this ContractlWork Order: $ 816.325 Percentage of the change over/under current contract amount 1.2 % Formula: (CurTent Amount I Last BCC approved amount)-1 Results and Actions: If the change exœecJs 10°", BeC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section IJI.C.4. CURRENT COMPLETION DATE (S):ORlGINAL: SeDtember 2004 CURRENT: ADril 2005 ...SUMMARY .OF.PROPOSED.CHANGE. .(8): Ideatify thee.huges._.Conmltarrt to provide Dewatering ...... permit Awlication fur Milestone 1 fur Tmmo1calee ~ad wideninll proiect. Milestone 1 is that portion of Tmmnkatee Road ftomLiv:i.ngstonRoad to 1-75. JUSTIFICATION FOR CHANGE (S): What value or benefit do thue changes provide to the project? Normaflv. roadwav contractor obtains this Derm1t. However. in order to meet established Milestone 1 comDletion date of November 15. 2005. it is necessary for County to DrOCeed with DermÎt aDDlication.· PARTIES CONTACTED REGARDING THE CHANGE: TECM. Construction Manacement Section: Hole Montes: CamD. Dresser and McKee. Inc.: PBS&J (eel consultant) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) ...!- Proposed change is consistent with the scope of the existing agreement ..x.. Proposed change is in fact an addition or deletion to the existing scope .L Change is being implemented in a manner consistent with the existing agreement .L The appropriate parties have been consulted regarding the change ..!... Proposed prices, fees and costs set forth in the change are reasonabte PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPR~ BY: ~o..L... ~~ Date:?- 3-o~ P~1 anag, 0 ~; REVIEWED BY:. . ilL MfA./' ,. Date: Ô /6/t; S Con ct Specialist Revised 12123/04 Agenda Item No. ~5 April 12, 2ë65 Page 31 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Emergency Services PROJECT # 52160 BIDIRFP #: 03-3448 MOD #: 3 AMOUNT OF THIS CHANGE 10.100.00 PO#: 4500012091 Work Order #: CONTRACT AMOUNT: ORIGINAL $1.859.000.00 CURRENT $1.880.750.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount 1.859.000.00 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval 6/10/2003 Agenda Item # 16 E 8 Cumulative Dollar Value of Change Orders to this ContractJWork Order: $ 21.750.00 ~Io ¡,/1'l-lr Percentage of the change over/under current contract amount Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section ilL CA. CURRENT COMPLETION DATE (S):ORlGINAL: 1/1/06 CURRENT: 1/1/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Consultants for Harvard Jolly are reauestina additional services related to the PUD amendment. TKW Consultina Encineers has reauested ·$7.500;00 -in -·~dditienaIHservices tooav -CoastaIE·noineerina--ror--attendance -at a meetina ·feQuestedby surroundina croeertv owners related to the access driye and for ereearina a sianificant amount of comments to address the County staffs recuest for information. In addition TKW Consultinc Encineers is reauestinc $2.600.00 for a revised. sianed and sealed survey. This is recuired with the PUD amendment to encomcass the entire site includinc the adiacent school and EMS crocerties. The oricinal survey onlY included the site of the Emercencv Services Comclex. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? In the oricinal contract conditional use cermittinc was identified. The SCODe chanced from conditional use pennittina to a PUD amendment. which reauired the additional professional services and the survey work. PARTIES CONTACTED REGARDING THE CHANGE: Skic Came. Ron Hoven. Jack Croanale. Linda Jackson IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable REVIEWED B his form Is to be signed and dated. Date: 3/ f¡oS- ~ Date: 3-ý-tf) PROJECT MANAGER RECOMMENDA: APPROVE BY: I'D. prôje G:\Construction & Capital Items\S2160 Emergency Services Complex\EOC #3.doc Agenda Item No. 16E5 t. April 12, 2005 Page 32 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Naples Jail PROJECT #: 52008 BID/RFP #: 98-2829 MOD #: 32 AMOUNT OF THIS CHANGE (16,361.10) PO,: 4500012306 Work Order .: CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,409,131.53 (STARTING POINT) (lNCLupING THIS CHANGE ORDER) Last BCC Approved Amount 29,914,372.14 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 2/10/04 Agenda Item' 10-B Cumulative Dollar Value of Change Orders to this ContractlWork Order: $(4,993,044.37) Percentage of the change over/under current contract amount -1.69% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section IILCA. ' CURRENT COMPLETION DATE (S):ORlGINAL: 6/13/06 CURRENT: 6/13/08 ..-....ª.~,..",AJt\' Qf J:~~ºP9ª~º. .C:I1AN~1; ..Iª);. ..1d.tt.l1t1fy .. tÞ.ttc;þ~"gtl.s.!. "" _Qlrect 1I!!a.tt~riª.L ).~.n.;~~e, .Cole. Industrial & Technical Supply Co. to provide Valves . JUSTIFICATION FOR CHANGE (S): What value or benefit do these chanaes provide to the project? This chanoe is for Direct Material Purchase and will save the 6% sales tax. PARTIES CONTACTED REGARDING THE CHANGE: This tyoe of chance order has been executed numerous times under this contract so minimal discussions were held with Beckv Erickson and Linda Jackson. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable Date: REVIEWED BY: Con Date: Revised 12/23/04 '. ~·h .. Agenda Item '..L 16E5 April'i:t, 2005 Page 33 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Solids Stream PROJECT #: 739502 BID/RFP #: 03-3539 MOD #: 02-01 AMOUNT OF THIS CHANGE $ 125,308.00 PO #: 4500016028 Work Order #: NJA CONTRACT AMOUNT: ORIGINAL $8,692,500.00 CURRENT $8,637,808.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $8.692,500.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last Bec Approval: 9/23/03 Agenda Item # 10A Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ (-) 54,692.00 Percentage of the change over/under current contract amount: (-) 0.63% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): PROJECT SUBSTANTIAL: ORIGINAL: 07/0212005 PROJECT FINAL: ORIGINAL: 09/3012005 CURRENT: 07/0212005 CURRENT: 0913012005 --...,,-..- .. ._... ...-~.,., . ...~... ..~... ....,.... .._....~..., ..'_h. ....._,...~,.,_.....'_.... ~-,. ..'-, .. .. ....-.. ..,. . . '.... "-'''''. .. .~... '....- SUMMARY OF PROPOSED CHANGE (5): Materials, labor and equipment to incorporate the following modifications and additions to the expansion of the existing Sludge Dewatering Building: 1. Purchase and installation of monorails and hoists to facilitate removal of gear drives from each of Belt Presses Nos. 1 through 6. 2. Construction of loading dock with handrail and monoraillhoist system at the east end of the second floor of the expanded Sludge Dewatering Building to move equipment components into and out of building's second floor. 3., Related structural, mechanical electrical and instrumentation work associated with Items 1 and 2 above. JUSTIFICATION FOR CHANGE (S): The additions and modifications described above were requested by the County's maintenance staff to improve worker safety and reduce the risk of injury when removing gear drives and rollers from each of the belt presses. As such this item resul~s in an added-value enhancement of the Sludge Dewatering Facility. /Jlfr€. rJ;/d ~' C!ð 112. 1100 ()Z,7~ ~~ ~.~ ., f(~7l, j2.7~ Z If ~(j.W) (tu.J?') /'1f R:\40408\Solids Stream\Construction\changeorders\C0#2\CDC-LS-C02-1, doc Page 1 of 1 Agenda ItemÍlOrl6E5 Apr~ 2":"~05 Page 34 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Solids Stream PROJECT #: 739502 BID/RFP #: 03-3539 MOD #: 02-02 AMOUNT OF THIS CHANGE $ 25,934.00 PO #: 4500016028 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $8,692,500.00 CURRENT $8.663,742.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $8,692,500.00 (LAST TOTAL AMT. REQUIRJNG BCC APPROVAL) Date of Last BCC Approval: 9/23/03 Agenda Item # 10A Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ (-) 28,758.00 Percentage of the change over/under current contract amount: (-) 0.33% Formula: (Current Amount/ Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): PROJECT SUBSTANTIAL: ORIGINAL: 07/0212005 PROJECT FINAL: ORIGINAL: 09/3012005 CURRENT: 0710212005 CURRENT: 0913012005 .. .... .·_w..¥_·__··,.·.·..,_··· . . -~-_._.._.._.,..._... .-....,.-. ,--,-.--- ,.-...-. ....,., .._...,._,'~ ......_....,__ ..·,.,·...w_., ....."....... '''w'''' ,._,·n ._,...".'...._..~.' .,.......~.. ,..' .-"....-.... ~.~... ,............~, .....~ SUMMARY OF PROPOSED CHANGE (S): 1. Equipment and labor to transfer up to 5,000 gallons of sodium hypochlorite from the Dewatering Building Odor Control Chemical Storage Tank to the Flow Equalization Odor Control Chemical Storage Tank. 2. Equipment and labor to demolish the existing Pretreatment Odor Control System slab foundation and dispose of debris off-site JUSTIFICATION FOR CHANGE (S): 1. Under the base contract the Dewatering Odor Control Facility is being relocated from the east side of the Dewatering BUilding to the west side of the Dewatering Building to allow for expansion of the Dewatering Building to the east The chemical must be transferred to empty the tank so that it can be moved as part of the overall odor control facility relocation. The design documents were prepared under the assumption that the Owner would be responsible for emptying the tank. All parties have determined it is more practical and expedient to have the Contractor empty the tank. 2. The Pretreatment Odor Control System slab foundation must be demolished to provide space for relocation of the Dewatering Building Odor Control Facility to the west side of the Dewatering Building. Demolition scope was inadvertently omitted from the Contract documents. The Engineer has reviewed the proposed costs and finds them to be reasonable and consistent with competitively bid pricing from similar project work. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. ~11 R:\4040B\Solids StreamIConstruction\changeordersIC0#2ICDC-LS-C02-2. doc Page 1 of 1 "'.~¡ Ii"," Agenda Item No. L:.Jc:. April 12,Qóf¿ Page 35 of 58 ...~!. ,:.I~.,... CONTRACT MODIFICA TIOH CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Solids Stream PROJECT #: 739502 BID/RFP #: 03-3539 MOD #: 02-03 AMOUNT OF THIS CHANGE $ 0.00 PO #: 4500016028 Work Order #: NIA CONTRACT AMOUNT: ORIGINAL $8,692,500.00 CURRENT $8,663.742.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $8,692,500.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 9/23/03 Agenda Item # 10A Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ (-) 28,758.00 Percentage of the change over/under current contract amount: (-) 0.33% Formula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): PROJECT SUBSTANTIAL: ORIGINAL: 07/0212005 PROJECT FINAL: ORIGINAL: 09/3012005 CURRENT: 11/1712005 CURRENT: 0211512006 .. ·R.~· ,__.......,.".......~__._.." ._..~...,._ "'_.~..... ."._~._~.._~_. _'." ._..~...... .·.~.··..·.u ...__. ._.. "~'-~ ..~... ...-... -"'-~"-"- ""--."~ -~~. ... -. ..-- '.-... .-'. ...- SUMMARY OF PROPOSED CHANGE (S): The addition of 138 calendar days to the contract time for substantial completion of the project. As a result the dates for substantial and final completion of the project are revised by this item as shown in Attachment A to this Change Order. JUSTIFICATION FOR CHANGE (S): As stated in the Construction Agreement. work associated with the Sludge Dewatering Building Expansion can only proceed once the NCWRF Liquid Stream contractor completes work to the west of the Dewatering Building, including construction of Aerated Grit Chamber No.4, temporary Pretreatment/Sludge Thickener odor control, removal of the existing Pretreatment/Sludge Thickener wet scrubber system, installation of underground utilities, and paving of the Dewatering Building west access road. The Construction Agreement stated that the Solids Stream contractor would be allowed to start work associated with the Sludge Dewatering Building expansion on April 1, 2004. Subsequently, the Liquid Stream contractor's progress was being delayed by implementation of a biofiltration odor control system, and that the area east of the Dewatering Building was available to the Solids Stream contractor until September 10, 2004. Expansion of the Sludge Dewatering Building is on the critical path of the Solids Stream contractor's CPM schedule. The Solids Stream contractor has submitted a cliange impact schedule and an explanatory narrative of the change impact to the critical path of the CPM schedule. The Engineer has reviewed the change impact schedule and finds the request for 138 additional calendar days to be justified. R:1404081Solids Stream\Construction\r;hangeordersIC0#2ICDC-LS-C02-3. doc 3'1 'f Page 1 of 1 Agenda Item N;I. eP:5 April 1 ~ð'C15 Page 36 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF expansion to 24.1 MGD - Solids Stream PROJECT #: 739502 BID/RFP #: 03-3539 MOD #: 02-04 AMOUNT OF THIS CHANGE $ 8,785.00 PO #: 4500016026 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $8,692,500.00 CURRENT $8,672,527.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $8,692,500.00 (LAST TOTAL AMT. REQUIRING BCt APPROVAL) Date of Last BCC Approval: 9/23/03 Agenda Item # 10A Cumulative Dollar Value of Change Orders to this Contract/Work Order: $ (-) 19,973.00 Percentage of the change over/under current contract amount: (-) 0.23% Formula: (Current Amount / Last BCC approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): PROJECT SUBSTANTIAL: ORIGINAL: 07/0212005 PROJECT FINAL: ORIGINAL: 09/3012005 CURRENT: 11/17/2005 CURRENT: 0211512006 -_....._~_.... .~., ..-..'. .."..,.,...... ,."....,..-. ....-.-_..._..... .".'-~,.- K..".........__.~"".. ..~..'.....···'·..·r ..._...-_~ ,"...-.. ..~._.._"'" ~".. .... ...-.-- ..',._.....'~."...'.,... . ".",.-. ""..-.-. .'._..._..._."..~,..- -.,...... SUMMARY OF PROPOSED CHANGE(S): Materials, labor and equipment to relocate the existing auxiliary Dewatering Building ventilation fan to a location outside the limits of construction for the Aerated Sludge Holding Tank construction. JUSTIFICATION FOR CHANGE(S): The fan relocation was required to maintain the minimum ventilation rate within the Dewatering Building as required by OSHA standards during the interim construction period (approximately one year) after the Dewatering Odor Control System was relocated and until the permanent ventilation/odor control system is Installed as part of the Dewatering Building expansion. As such, this item was mandatory to meet worker safety regulations. The requirement for the temporary fan relocation was inadvertently omitted from the Contract Documents. Had this Item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer: Contractor) IMPLEMENTATION STEPS (Verify each before proceeding with change using YI N or NJA) _ Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope _ Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable R:1404081So/ids Stream IConstruction\changeordersIC0#2ICDC-LS-C02-4. doc Page 10f2 i 1;V Agenda Item No. 1 m April 12, 20 Page 37 of 8 CONTRACT MODIFICATION n D /.()3 CHECKLIST FORM {)ì FtS. rr;¡¿. r u. M-r 4- PROJECT NAME: ~ ~ StationAmprovements PROJECT#: 73945 1'''' BIDIRFP #: 04-3664 PO #: 4500029760 MOD #: 1 AMOUNT OF THIS CHANGE $(5,430.00) Work Order #: NIA CONTRACT AMOUNT: ORIGINAL $ 822.998.00 CURRENT $817.568.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $822,998.00 &5~J. '2 A ",. ,,\ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) ~ 7..;J.C/ .0"'0,./ /I../Y1.U LJ~',' (/15 Date of Last BCC Approval June 08, 2004 Agenda Item # 16C10 ~ b--- '1ø ...'" ...g.Q6% D ' ~ Ie &'...$ Percentage of the change over/under current contract amount Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: February 28. 2005 CURRENT: April 07. 2005 SUMMARY OF PROPOSED CHANGE (S): To install flow meter. sweeper coat the vault box. fill in the - . area between benches. chance the location of mixers. cut holes in the stillinc well and to core drill on toP.. of the wet we/I. Owner recuested these chances. JUSTIFICATION FOR CHANGE(S): It was of the opinion of the collections and the Enaineers that a lot of solids will build UP between the benches and therefore odor will build uo. So the void soaces needs to be filled by concrete. The position of mixers need to be chanced in order to effectivelv transport all the wastewater throuch the sewer pipe. To be consistent with pump station 107. we reauired the contractor to install a different kind of flow meter. PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin. Principal Proiect Manacer. Steve Naav. Collections Manacer. and Joe Cheatham. Wastewater Director. IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N/A) _>C.- Proposed change is consistent with the scope of the existing agreement -"_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change ->':- Propo~ed p~ces._fees and costs set forth in the change a~e reasonable PROJECT MANA;t1J1 RE<»f/lMENDAll0N: APPROVE: ~ c::!'.,l ~ DISAPPROVE: - COMMENTS: Date: "3 1'0/ o~ Date: Revised 8/2'2103 RG't//~¿,Vl?D By: ..~ PIÁ)Y; 'tUHd ~-/I-ð'S- 7T / r~\ Agenda Item No, 16E5 ~- CO ~? .........-:~ CONTRACT IIODIFICATION CHECKL.IST FORM PROJECT MAIlE: _LivIngston Road (1mmoIra1ee ... County Une) .....,. fmprov.m.nt proJect proje No. IlOl13. Bid .-reI 14; SIII__ PROJECT t: _ No. "'13. Bid .-reI C)4-.~ ' <t . BlDlRFP.: 0+3815 1100 t: 3 AMOUNT OFT" CHANGES 10.174.81 " , PQ.Ø:_ ~11'37 _ w~ Order "'-- HlA CONTRAct AIìOUNT: oRIGINAL :r-=~90 ~œ1."œOMll!R) .....acç ~ Amáunt $ 1Gt2Ð1J1O .,.. , .. . 'CUIT T.CD'AL AIIT.IIEQURINCI eoc-'9P~ I Data of Laat see ~ ..., 2S, 20M ~ ....·.11-82 .. ç~ ~ Vw.'ofChange OrdeN,to·IM. ContnIctIWorkOtdW: $ . :"315.'·~ FW~_.. of tile chaøga overtunder ~1IIT'ent fC:Jntract.limòunt ··UZ % Formula: (C~ Amount I Last Bee apprOved amount)-1 . Results and Adions: If the c:h.nge exaieds 10% BCC appwar 1. req&.I;,ed; under 10'tC. reported to BCC an . Purd1aeing:rep:Kt. FarlfJ.aftç informetlem ~Ag WOlf( order tt..1IIIIIIhoIda. :.....ref'er to 'the Cøt1bsIct ~ Pi'ocedt.ne¡ Sectfon IH.C.4. . .' ,. . , '. , ì 1 ClJRRENTcaMPt.ETtaNDATE(SI:ORIGI~": 120" d"'CURREHT:"'182 .......... .. . .....~. ",_ .. _._.....__, ._...h__._'" ,. ."MARY Of PROPOSFm CHANGE.(S}: ~ included nttrect' an .dlIHdriYtftt lit· aIant 1T18t8rÎIII'ri&ødiea. due to madific8liona WhiCh were J'nade to the medal". 'on' Livinaston Road'(lmmok8lee to Countv 1Jne}. Ch8naes ~ an adiustment in cltrecfipnal ~ auantili@S 'due to f;~na SIeevH which reauirec:l extension beVotrd'D...InetII~ and Meves~iC!i'"œ tilWib be~cfue ~CDMt.:ft:Júnd inside.. JtJS.TJ1:JCA~ FOR CHANGe (S):ThIs chanae. nIftecta ~ncr .....il:Ítl ~ resuftIAa 'in 1:.ttør uIQfaØon of aIanf ITUltariAlsfor 1owIIrmainbmanca. This chanIte I1Iftecta ~·-n#·8dluåIMh"lt·in dIn!IcijunaI bore.~ns in ol"Clllt to DnMde ~I'I'icmItCØt IIIeevM for 1I'TfÇJptlpß ~,inline. . . . PARTIES COH'fACTED REGARDING THE (;flANGe: Bob'~, p...... Lullch:, .ÞtJ ~iiëIen, 0."" RICh8rd, Scott WlildMm, oea.. FIaa Gloria ........... Rhoßcia Rembert. I.Pt;EIIENTATION STEPs fVertfy RC:h befont procudlng with .... ....... Y, N or MfA) _ Y_'Proposed c:h8ftge iIì tcnIstentwid'l ttIe scøpe of the e.xiSCing ~ . _ y'....~ Change 11; in fact art addition or .,etian~.... 8ûltšno 8èopIt '. _ Y _ Changè is bèing Implemented in a manner OO......d:'\MIh the.,..no ~~ - :~:~~~~~IhII~==:-_. . _.,~ MANAGER OM DATION: TbIa'fonn .... .. .._ and .... . "P ~VE BY: ." Døte: z./i 1~5 p cae: . ¿;ý¿,!Z15 R.ev.ised 12123104 L . .... ' ,~ ..L....!tIoi.~ I.. '4 _-......t'.....r.:..¡¡::.:...~...i&I,.;.~.. .. " ....;j....... ,".' .'- ~17-2i1B5 U=r1 CŒ..LIER co PRK Agenda Item Nep3a:5 9 April 12, 2005 Page 39 of 58 CONTRACT MODIFICATION CHICICLI8T FORM PROJECT NAME: NORTH NAPLllReGlONAL PARK PRO.IECT t: I0I02 BlÐIRFP': 01-1118 MOD 1:. AMOUNT OF .,.. CHANGE c.artUlul> PO I: 4DOIl:217 CONTRACT AMOUNT: ORIGINAL ....... CURRINT ....'2. i... -"__"*I) ONCI·...'MI ~~ Laat ICe AppraVlld Amount ",-11U17 oM (LMTTOtAL MIf. ~ 80CØllllClVALJ DatIt of La8t see AppronI: JN2OO5 AIendII ~ . 18(D)3 CUmulatIve Do.... V'" of ChMge 0,.,. 10" ConINDI: .7.110.'55.70 ....... of the cMnge avwIunder c:&IIMd w.b_ llIIIUd: -4.... Formula: (CurNnt Arno&n I Last BOO appnMd 8IIIOUnt)-1 A-.dta and AaIIcn: If lie change «MC8ed1110% ace .pproyaI1ø requIrwd; WIder 10% rIpOI'tId to ace on Purcttu;,g report. For Ip.cifio information I'IQ8I'CIna work orcfw thNlholdl, .... refer to the ConIract Admk'IIå'atIan ProcIcIuN8. SectIan 111.C.4. CURRENT COMPLE11ON DATE (S):OAIDW.: SftMlClOl CURRI!NT: 511_ au_MY OF PROPOIED CHANGE (I): ""'IV ... oh..... ". cIIdUoIIw chInge ordIIr . Ie ....~~~~~~~~-':c:t~:,It~m:..=. farm Kraft Con8IrucIIan'. ~ 0.... Md ............ clreoa, form .... .... .. Cou"" .. ... to ..,. the '" PIarIdII .... Tax on the......... In.. -. the ..... _ .. 1171.'8Ut of ~ ...... apptaXImatIIIy $21,400 In .. ....... to the CDunIy. CaIIIIaIIwIy......... ani... acid up 1D ~ '-,'11.70 which ..... to M ........... tu ..... of' 411,000 to'" County. .JU8TIF1CA11ON FOR CHANGE (I): WMt val.. or ...... cIo .... ..... provide to .. ....øt? ExhIbit 0 at tile Coòb.wl .... Old the "...... for .......nl .. DI.... ........ P~·fIf goad8. '1'1'118 CbMge Ordlll' f. COIIIIata wIIh the oantruI's Pf'OC*IIn Met .. In GOßOII1 wfth . County'. policy of ..... Tax....... thru cIItect paRhall 1N....... County IIgnIfIcInt IIIICMr.'Ø 01 ......,. PARTII8 CONTACTED RECIARDNI THE CHAHal: .... .... A........ DINaIDr. PublIc ..... AdmInIaIrator. .......... Contract-. ........ a.a ....... ~ ',MIl ....... ProJeaIa CoanIInatar IMPLeMENTATION 8TlP8 (Verify.... before praclldlng wttII ~ ....... V. Nor NI.\) y Propoeed change Ie CQI"""" with tNtlCtp d the aIIItIng .-nent y Propoeed change II In fact en addition or .'flian tD .. ....¡g eaape Y Change fa bM1g implemented In . manner ~ with 1he -.ang 1;""'" y l'hallppraptiD ~ have been aoneuhd reganlng the c:IwIge Y Proposed prIaM. .... and the chInge .,. rnIOIIIIbIe PROJECT : ThIe form .. tD lie APPROVED B . Date: .1 ~ j Data: hvilOCl12lS04 Agenda Item No. 1p.j;~) April 12, ~ Page 40 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expanlion to 24.1 MOO - Liquid Stream PROJECT It. 739501 BlDlRFP If: 02-3418 MOO I: 8-01 AMOUNT OF THla CHANGE' 63,357.00 PO,: 4500004112 Work Order': NIA CONTRACT AMOUNT: ORIGINAL $ 24,881,000.00 CURRENT $25,697,333.00 (IT'''''1IOIN1} (INCUJÐING'" CtWIGE ORDER) Last BCC Approved Amount' 24,881,000.00 (LAlT1OTAL NIl. ........ICC APPROVAL) Data of Lat BeC Approval AgencIII ...... .. 12/17102 Cumulative DoI.r Val.. of C...... 0..... to tit. ContnIcfNIoñ Order: . 836,333.00 PerceIáge of the chi..... cwwIuncler cu.......t contract IIIIIOUnt 3.36% Formula: (CUrrent Amot.nt , Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval Is required; under 1OCJC. ntported to BeC on Purchasing report. For epecific Information regarding work order thresholds, pIeaIe refer to the Contract Administration Proc:edI.na, Section III.C.4 CURRENT COMPlETION DATE ca): SUBSTANTIAL: ORIGINAL: 3116105 ....... ·'·fiRöJECfFiNAl.: ... ....... ...... "ORïOïNAL:" "8I104Jö5-' "·...M..W._. . 'w' CURRENT: 3123105 CURIŒNT:,""EJl1'4ì05 ~~.,.. --... .' .- SUMMARY OF PROPOSED CHANGE (a): Materials, equipment and labor for temporaty inat8U8tion of biofiItration odor control IyItem to ..rve Pì.....'hrf'It Fadflty and Sludge Gravity Thlc:kenens and reIocIItionIpermanent InltllllIIIion to eerw AeratIon BuinI Hoe. .. - 6. WOI1( Includes inst8118tion of biofiIter tower, related piping, odor control air ducting, eIec:IricIIJ and lnatrumentation COl. aections. JUSTIFICATION FOR CHANGE (8): This original contnIGt Includes a $200,000 allowance to address Interim odor control at the Pretre8tment Facility and Sk.Idge HoldIng Tanka. The Interim odor control is required during constn.Idion for a period of 8 to 10 months while the exi8ting DewaterIng Building chemical Icrubber is reJocated to IerW the Pretreat"lent Facility ancl Sludge Holding Tanka on a permanent b88i8. In 8c:Id1tion, the wet scrubber currentty HNing the Pretreatment BuHding 'MIl to be ntlocated to I8I'W the Aeration Basins. Beth nslocatlonl arWwent appropriate given the airftow capacities of the existing ICrUbbera va. the Cllpaåtie8 required by new and expended plant facHltlea. The relocations also elminated the need to purchIIIe new wet Icrubber 1yStem1. The original design intent for temporary odor control at the Pretr'e8tnwrt Facility W8I to use a combined approach of hydrogen peroxide Injection Into the waltewater force main and activated carbon absorption of the foul air strum. After the project wu bid, The County elected not to use ternponuy activated carbon lystemS (based on ~ expertence) and requested that blotIlters be conaIderecl. Aa It8ted in Contract Change Order No. 3 (Item 03-(1), the use of. bloftlter for both temporary and pennanent odor control results In a 2o-year IIfe..cycle I8Vlngl of approximately $300,000 when compared to the temporary and penna118nt odor control menures deea1bed above. The bloftlter utilizes biological microbes to ntCtuce hydrogen sulfide odor compound. from the air stream. Even after Including theIe in8taHation costs, the Implementation of the biofiIter results In a lubstantlallong-tenn I8Yingl to the County on a 2o-year life..cycle cost balis. Revised 9/14/04 H (»~ ~ Agenda Item N~'~il April 1 ,C2ða Page 1 of 8 PARTIES CONTACTED REGARDING THE CHANGE: ProJect Delivery Team (I... - NCWRF Plant Staff, County project Manager, Engineer. Contractor) iPLEMENTATION STEPS (Verify eech before proc:eecllng wtth e...... ualng YI Nor NlA) Proposed chsnge is conaiatent with the scope of the existing egreement Proposed change Is In fact an addition or deletion to the existing ecope Change is being Implemented In . msnner consistent with the existing Igreement . The approprillte parties have been consulted regarding the change Proposed priC81, fees 8nd costa set forth In the change are At8IONIbIe CONSULTING E~N ~.ENDA:rION: , RECOMMEND: ~~- Date: '-'\(-0\ DO NOT RECO END: Date: PROJECT MAN;::G Ra:otØIf.NÐ~JlON: RECOMMEND: ~ ~ Uu.v~L DO NOT RECOMM ND:COMMENTS: Date: ~ 18/0 lC Date: .._--..-,_..,,-,.......,..~. ..~. ))'tW;¡;(- ,---3/rfjo5' Ch..,~ ~ fa.J-s /D - lð If) Revised 9/14/04 Agenda Ite~ NcJ. tfðE.,[J Apnl1l.,\r;l)rÐ Page 42 of 58 CONTRACT MODifICATION CHECKLIST FORM PROJECT NAIIE: NCWRF ExpenIion to 2....1 MGD - liquid Stream PROJECT 'It. 739501 BlDIRFP t: 02-3418 MOO t: 8-02 AMOUNT OF THIS CHANGE $ 8,838.00 PO t: 450004112 Woñ Order I: NlA CONTRACT AMOUNT: ORIGINAL' 24,881,000.00 CURRENT $25,706,172.00 (llTAImNG POINT) (IIICLUDMG TtD CHANGe ORDI!R) Lat BeC Approyed Amount $ 24,881,000.00 CUlT TOTAL AII1'. ......IICC APPROVAL) DID of Lut ace ApprowII Ag.... 1tIIm. 12/17102 Cumulative Dollar Val.. of Change Orders to thla ContnIctIWork ~r: . 845,172.00 Pen:ent.Ip of the change cwerlunder CtR'Nnt co...~t IIIIOUnt 3.<40% Formula: (Current Amount I L.8It BCC approved 8mOUnt)-1 Results and ActIon8: If the change exceeds 1K Bee approval is nllquinKt: under 1 K reported to BCC on Pun:Iw8ing report. For 8pecifIc Information reg8f'Clng work order ttnshoIds, please refer to the Contract Ad~.tIu.1 Proc:ecU8B, Section III.C.'" CURRENT COIIPLETION DATE (8): -- '-8U8STANTIAt:"--. ..... .....-.--.--. ··"·0RIGINAt.:·''3If8lO5· ·..·_--CURREHT:-...· '!I23J05- -,- PROJECT FINAL: ORIGINAL: 811<4105 CURRENT: 6I14J05 SUMMARY OF PROPOSED CHANGE (8): MatetiIII, labor and equipment to reIocIte existing 4-inch di8meter Plant SeMce Water (PSW) pipeline IIong the IOUth edge of EftI~ FllterlChlorine Cont8ct Tank No.3. ExIetIng piping W88 supportBd by hllndr1lllllÞove the top waIkw8y IIIong the south edge of the 1tnJct\n. The new location is under the top waItw8y of the 1tn.Icture. '_no"...... ........, ..._._.".... u." . JUSTIFICATION FOR CHANGE CS): Flltel'llChlorlne Contact Tanka NOI. 4 and 5 were conetructed under this project directly south of existing FilterlChlorine Tank No.3. The new COIICf8te atructurea actually extend dInIctIy from the exI8tiIlQ atructure IUCh that the top W8Ikway8 8Iong the south edge of FilterlChIorlne Cont8ct No. 3 and the north walkway of FlIterelChIof1ne Cont8ct T'" Noe. 4 and 5 form a conwnon, wider walkway. The exldng .... PSW piping was supported from handrail In the midd1e of the wider, common walkway. R81ocation of the piping and supports under the top walkway provides Improved ac:ceu along the common walkway and reauIIa in an added-YII.. betterment to the project. R.evised 9/14/04 "..-- . .""~.,,.~.- Agenda Item No. 16E5 April 1'4\ 4005 Pagf!!4J Ófoo68 CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: NCWRF Expeneion to 24.1 MGD - Liquid Stream PROJECT #: 739501 BIDlRFP I: 02-3418 MOO': 6-03 AMOUNT OF THIS CHANGE S 10,838.00 PO I: <4500004112 Work Order I: NlA CONTRACT AMOUNT: ORIGINAL S 24,861,000.00 CURRENT $ 25,716,808.00 (STAR1'1NG POINT) (INCLUDING THIS ~ ORDER) Last BCC Approved Amount' 24,861,000.00 (LAST TOTAL AIIT. REQUIRING 8CC APPROVAL) DID of Laat acc Approval Agenda Iœm ., 12117102 Cumulative Dollar Va'" of eM. 0..... to tide CoftbKtlWork ~r: . 855,808.00 Percentage of the change OVW'IuncIer cUl'lWlt cotdlKt amount 3.44" Formula: (CUrrent Amount I Last see approveclamount)-1 Results and Actions: If the change exceeds 10% sec approval Is required; under 10% reported to BCC on Purcha8ing report. For specific information regarding work order threahold8, please refer to the Contract Administration Prooeckns, Section III.C.4 CURRENT COMPLETION DATE (S): -·SUBSTANTIAL.:--.--·.--.-H. 'ORIGINAL:' - 3118105 -dCURRENT;'-~- ---.-. ----- ..----.------.------ .. PROJECT FINAL: ORIGINAL: 8/14'05 CURRENT: 6/14105 SUMMARY OF PROPOSED CHANGE (S): Additional PLC programming to Implement nwisions to Control Strategy 240 (AeratIon Blowers) and Control SInItegy 397 (Hypochlorite Feed Pumps Nos. 3 & 7), as directed by the Engineer. ' JUmFlCA110N FOR CHANGE (8): Control StnItegie8 240 & 397: a. Control Str8tegy 240 (Aeration BIowtn) wu originafly established under the previous NCWRF 5- MOD Expansion project for automallc control d AenItIon Blowers Nos. 1, 2 and 3. AeratIon BIowIn Noe. 4 and 5 ant Installed under thl8 NCWRF Expansion to 24.1 - LiquId Strum project. Control Strategy 240 18 being expanded under the current project to InCOfpOlå new Blowers Nos. 4 and 5 into the muter controIltnltegy. Since the NCWRF Expansion to 24.1 MGD - liquid Stream project was bid and awarded and updated PLC progrwn~ for Control Stnd8gy 2040 WM completed, the County hu modified the existing control "atDwy to Improve the functional operation or BkMer8 Nos. 1, 2 and 3. ReviIiona included In this work directive are necessary 10 that the expanded control stnItegy is consistent with AtCent County programming modifications. The overall reviaed str ~y wiH aHow the blowers to operate more etndentIy to maintain the desired di8aoIved oxygen COI'1œI Illation within the aeration basin. The Increased efficiency of blower operation wift result in power cost savings over the operating life of the facility. b. Control Strategy No. 397 (Hypochlorite Feed Pumps Nos. 3 & 7 controls the amount of hypochlorite dosed to Chlorine Contact Basins Nos. 3,4 and 5. The original control ab6ýy caII8 for Pumps Nos. 3 and 7 to operate in a IeadIIag sequence to meet hypochlorite feed demands based on rnaintaini1g adequate chlorine residual within each chlorine contact basin. The revised strategy will operate both pumps in parallel and provide improved control of chlorine residual. The improved efficiency will result in chemical cost savings over the operating life of the facility. Revised 9/14104 Agenda Item No. 16E5 April1,,,,OO[) Page ,4JJf 5 CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAIIE: NCWRF Expenalon to 24.1 MOD - Liquid Stream PROJECT f;: 739501 BlDlRFP IJ: 02·3418 MOD IJ: 6-04 AMOUNT OF THI8 CHANGE S 39,277.00 PO IJ: 4500004112 Work Order I: NlA CONTRACT AMOUNT: ORIGINAL' 24,881,000.00 CURRENT S 25,766.086.00 (8TAImIIG POINT) (llCLUDItICI'm. CHANGE ORDER) Lat see Approved Amount' 24.861.000.00 (LAITTOTAL NIf. ...- Bee APPROVAL) DatIÞ of Last BCC Approval Agenda ItIIm .12117102 Cumulldlve Dol.... Value of Change Ordent to tit. ContractlWork Order: . 895,085.00 Peran..... or.... change OYeI1under cumtnt contract emount 3.80% Formula: (Current Amount I Last Bce approved amount)-1 Results and ActIons: If the change exceeds 10% see approval is reqtired; under 10% reported to sec on Purchasing report. For specific infOlm8tion regarding work order thresholds, please refer to the Contract AdminiMratioo Procedures. Section III.C.4 CURRENT COMPLETION DATE (8): .. . -..- "-SUBSTANTIAL::'" -.... .."'""'--' ............ "0RIG1NAl:- '3118105· ..... ""CURRENT:'--'3I23105 PROJECT FINAL: ORIGINAL: el14J05 CURRENT: 6114105 8UMMARY OF PROPOSED CHANGE (8): Fumilh and install a new Fiber Optic Hub Cabinet Ind related hub equipment in U. 0penIti0c. Building Control Room. Relocate the exIItIng fiber optic hub equipment from the existing contr'ot room ccnoIe to the new cabinet and extend existing conduit nt cable as required to relocate termin8tiona from the existing hub location to the new hub location. . ." "... .,~".. ....,.... . JUST1F1CATION FOR CHANGE (8): The exieting fiber optic hub ia Installed In the Operlltlona Building Computer Room workstation console. The hub receives 81gnlla from remote PLC's throughout the plant and relays control and monitoring aignatl to the operator worbtatIon8. The hub 88 installed in the console W88 8UitabJe for existing PLC's1-8. Under the current project. an additional fiber optic signal for PLC-10 (located at EIeGtricaI Service Building No.2) muat be connected to the exiatfng hub within the conaoIe. During this project's design, It was nICOgnized that adding .,gther fiber optic signal 'MX.I1d result in 8 relatively crowded but acceptable InstaI1ation within the console. On I concurent project: (NCVVRF Deep WeIIII1edion Pump Station prøject, designed and conetructed by others). PLc-e ... been added. resulting In another fiber optic 8ignø1 that must be connected to the hub. Adding the tenth fiber optic connection C8UH8 the hub installation to become extremely overcrowded. Therefore, I new dedicated Aber OptIc Hub Cabinet has been proposed to house the fiber optic hub and all fiber optic terminations. This relieves the crawdecI condition inside the worbtation console and greatly Improvea 8CC8IllbfUty to the hub for future maintenance and/or troubIeshootIngng. A1J such. this item provides a value Ictded betterment to the project. Revised 9/14/04 Agenda Itet No. æ5 . A rf12, 05 P gV45 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expenslon to 24.1 MGD - liquid Strum PROJECT ~ 739501 BlDlRFP t: 02-3418 MOO': 6-05 AMOUNT OF THIS CHANGE' 21,327.00 PO t: 4500004112 Work Order': NlA CONTRACT AMOUNT: ORIGINAL $ 24,881.000.00 CURRENT $ 25,m ,412.00 (8TAImNG POINT) (INCLUDING ".. CHANGE ORDER) Last BCC Approved Amount $ 24,861,000.00 (LAST 10TAL NIr. N!QI mira 8CC APPROVAL) o.te of Last BCC AppronI Agenda ItIIm . 12117102 Cumulative Dol'" V.... of Change OrdeN to this Contra<.1IWork Order: $ 916,412.00 ~ 01 the change owrIunder current ~.bKt MIOUnt 3.69% Formula: (Current Amcu1t I Last BeC approved amcu1t)-1 Results and Actions: If the change exceeds 10% BeC approval Is required; under 10% reported to BCe on Pun:haslng ",port. For specific Information regæ-dIng work order thresholds, p&ease refer to the Contract Admini8tnltion ProcedUAtS, Section III.C.4 CURRENT COMPLETION DATE (S): .-.... ." -SUSSTANTtAL: .-.-.-....-... .-... -0RIGINAt:....3I181OS------..-CURRENT:·--3I23I05· PROJECT FINAL: ORIGINAL: 81104105 CURRENT: 6I104J05 "..'.'. ." .~...... .-..".. ~-,_..... ._~-.,... . SUMIIMY OF PROPOSED CHANGE (8): Purchase of fuel for initial ftUing d fuel storage tank that win serve the new generatara at the new Electrical ServIce Building No.2. JUSTIFICATION FOR CHANGE (8): The intent of the bidding documentS wu b8sed on the County directly purchasing fuel for the standby generator from their plant O&M budget, simlar to purchase of fuel for the existing standby generators at Electrical SeMce Building No.1. Subsequent to bidding the County requested that the initial tank filling be procured through the c:ontnIctor via change order. Revised 9/14/04 Agenda Item No. 16E5 April 12, ~~ pag7ö ~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAIIE: NCWRF ExpanIlon to 24.1 MGD - liquid· Stream PROJECT #: 739501 BlDIRFP t: 02-3418 MOD': 6-06 AMOUNT OF THIS CHANGE' 89,351.00 PO,: 450004112 Work Order It: NlA CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,888,763.00 (lTAR'nNCI POINT) (INCLUDING THIS CHANGE ORDER) Lat BCC Approved Amount $ 24,861.000.00 (LAST TOTAL AIIT.IIEQLINIIG 8CC APPtIOVAL) DatIÞ of Lat BCC Approval Agenda Item . 12/17102 Cwnulatlve Dol.... Va'" of Cha.... 0..... to CIlia ConncttWork 0....: $ 1,005,763.00 perant8ge of tile change overIuncIer curNnt contract MMHlnt 4.05% Formula: (CumInt AmOW1t I Last BCC approved amount)-1 Results and Actions: If the change exœedl10% ace approvalla required; under 10% reported to acc on Purd188ing report. For apedflc Information regarding work order ttnehold8, pIeae refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (8): - -'..-..SU8STANTIAI.:....-..-----... .._-,......,... 'ORIGINAt:""''''3I16105--- . ·...CURRENT:······3I23I05·······- PROJECT FINAL: ORIGINAL: 8114105 CURRENT: 8114105 .. ..~.~ ,~_.~ .,~. ''''','.--.- ....-..... - 8UMIIARY OF PROPOSED CHANGE (8): Matert., labor and equipment to perform additional work related to modlftc8tlona to the plant eftIuent piping and ItonIge pond sptem: 1. Temporary cofI'eR*ns to be installed In the following locations: e. In the northeast comer of EftIuent Pond No. 3 to isoI8te Pond No. 3 from construction of the newS RecI8imed Water Screenings Structure. b. At vat'tcu locations within efnuent ponda to IaoI8te each pond from construction during the installation of various piping Interc:onnect8 betwMn ponds. 2. Additional pipe fittings on the 30- efIIuent piping from Chlorine . Contact Tank No. 3 to maintain en existing connection to Efftuent Pond No. 3 and the Reuse Pump Station. JUSTIFICATION FOR CHANGE (8): The change items deecrlbed above were required to limit the Impact of effluent aystem construction modtficatlona- on the UM of Efftuent Storage Pond No.3. Under the origlna' deaign, the intent was to remove Pond No. 3 from eervIce for epproxlmately 2-3 months to 8I1ow for the construction of the ReclaImed ·W" Screenings Struc:tur8. the piping Interconnects from Pond No. 3 to other ponds, and modification. to the Reuse Pump Station. During design. the Engineer end the County diacuesect related construction sequencing end determined that during the 2·3 month period that Pond No. 3 were to be outod service for conatructfon upgrades. reclaimed WIlIer would be rowted through Ponds 2, 4 and 5 to the Deep Injection Pump S1aIion. which in tum would discharge reclaimed Wllter to the reclaimed water diatrIbution aystem. Under that scenaño, the Deep Injection Pump Station would serve dual functions: <8> If all efftuent met reuse standards, the DIWPS Agenda Item Nh:J 61;;. April ~t."20~ Pa$ e 47 of 58 Collier County NCWRF Expansion to 24.1 MGD - Liquid Stteam Change Order No. 6; Item No. 06-06: RWSS & 48"'RW Modifications FebruB/Y 8, 2005, Page 2 of 2 would discharge to the reclaimed water control system; or (b) If etIIuent did not meet I'8U88 standards, reject water would be disposed through the deep Injection wells. Once efIIuent again met reuse quality, the County would flush and disinfect piping and the DIWPS wetw8I1, pas becteriologic81 testing and resume pumping reclaimed water from the DIWPS to the reclaimed water dietrfbution system. Since that time, and following a subsequent review during construction, It has determined that taking Pond No. 3 out-of-eervice for an extended period of time would limit the plant'a llbility to maintain delivery of adequate quantities of reclaimed water to customers. The changes deIcr1Þed above will allow for continuous operation of Pond No.3 during construction 80 .. not to reduce the capacity of the reclaimed water delivery system. ..... .~._'". .._._ "_.... ... ,..·.,,·ø..R..,......_ '·Vh. ~..._.....,~..____".._...., _............__. '"'_"'.._ ...."...._..__.... ._ft'_.' ._,...__ .._~.. ....._._...._.. ...,.._ _. . '1'_ . _. _. .. _ .,~" ,....__."...~. _. . " ....__.'..._ . .'.. __ __ .......--.. - .......,...-. Revised 9/14/04 Agenda Item1~ ft5 Apr 5 Pa of 8 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MOO - liquid Streem PROJECT It. 739501 BlDlRFP.: 02-3418 MOD t: 6-07 AMOUNT OF THIS CHANGE $1,128.00 PO t: 4500()()4112 Work Order t: NlA CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT' 25,867,891.00 tsTARTING POINT) (tIICWDING TMI CHANGI! ORDER) Lut sec ApprcmMI Amount' 24,861,000.00 (LAST TOTAL AIIf. RllQUlRlNØ ICe ~AL) Date of Lut BCC Approval Agenda Item # 12/17102 Cumu"" DoIIa, Val.. of CMnge Orden to thla ContractlWork Order: . 1,006,891.00 PercenIIIge of the c:hIInge overIunder current conti'" IIftOUnt 4.05% Formula: (Current Amou1t I Last BCC approved amount)-1 ReIuIta and Actions: If the change exœede 10% ace 8pprovaI ÎI required; under 10% reported to ace on Purd188ing report. For specifiG inform8tlon regeråing WOf1( order thntehoId8, please refer to the Contract Admil~..tkft1 Proœd...., Seåion III.C.4 CURRENT COMPLETION DATE (8): '-SUBST AJmAL.:" .......-.--... "-'''--''--'-0RIG1NAL:-' .. -3118105 PROJECT FINAL: ORIGINAL: 811.w5 'CURRENT:--3I2aI05- ., CURRENT: 6'14105 ..... .......~..,...." ._, _...... .__.." _, ..". "H"_ auMIIMY OF PROPOSED CHANGE (8): MaterteI8, equipment and labor to install fiberglass weir ptatee at the dlecharge poinIB of ChkJrine Contact Bains 4 and 5. JUSTIFICATION F~ CHANGE (8): The weir plates are required to create a hydraulic control point where plant efIIuent diactwges by gnIVity from the Chlorine Cont8ct Basins to the rectaimed water pumplng/Itorage .yatem and were inadvertently omitted from the bidding docunentI. Had thilltem been discovered during the deI!gn period, It woufd have been Incorponlted Into bktdlng documents and the additional costa Included in thtl change Item would have been Included in a higher lump-sum bid price for the overall project. Revised 9/14104 ..._-~- Agenda 'temrN~ 1¡ Apri 20 Pag 0 8 CONTRACT MODIFICATION CHECKLIST FORM PROJECT HAIlE: NCWRF Expansion to 24.1 MOD - liquid Stream PROJECT it. 739501 BlDlRFP it: 02-3418 MOD.: 6-08 AMOUNT OF THIS CHANGE $ 3,863.00 PO Ø: 4500004112 Work Order t: NlA CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,871.754.00 (STARTING POINT) (INCLUDING THII CHANGE ORDER) ....t BeC ApprOved Amount $ 24,861,000.00 (LAlIT TOrAL AIIT. ~G lICe APPROVAL) DIItIt of Laat BeC ApproVIII Agenda n.m tf. 12/17102 Cumulative Dollar V.... of Change Orders to thla ContractIWork Order: $ 1,010,754.00 ...rane.ge of the change cwwIu..... CWTent ~.b-.ct MIOUIIt -4.07% Formula: (CUrrent AInou1t I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on Purd18sIng report. For apecffic Infonn8tion regarding work order threIhoId8, please refer to the Contract Admii'M.tkIn Procedures, Section III.C.4 CURRENT COMPLETION DATE (8): -''''SUBSTANTIAL:' _H___h__'.. --. 0RIGINAL.:-!l18f05--"·-·· PROJECT FINAL: ORIGINAL: 6I10W5 - CURRENT:---"3I23I05 CURRENT: 6114105 .." .·.·_.~'·..n_'~_'.. '.. .., SUMMARY OF PROPOSED CHANGE (8): MaterieJa, IlIbor and equipment to install a segment of reinforced concrøte stonnwater drain piping and mitered ende under a ptMM:I parking area on the northeast side of the new Generator Building. JUSTIFICATION FOR CHANGE (8): The design intent for this project was to install the subject culvert to convey 8tormwater from one atof111WØH' retention area, under the parking If8&, to the next downstream stormwater retention..... The culvert piping waa1nadvertently omitted from the ~ /bid drawings. Had this item been diac:overed during the design period, it would have been Incorporated Into bidding docurnenta and the additional coats included in this change item would have been included In 8 higher lump-sum bid price for the overall project. Revised 9/14/04 Agenda Item No. 16E~ Apr~ '1i, 20 Pagþ ~ of CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expanelon to 204.1 MOD - liquid Stream PROJECT tt. 739501 BlDlRFP ~ 02-3418 MOD': 6-09 AMOUNT OF THIS CHANGE' 919.00 PO It: 45000()4112 Work Order It: NJA CONTRACT AMOUNT: ORIGINAL' 204,881,000.00 CURRENT' 25,872,873.00 (8TM11NCI POINT) (lNCL.I.ICHNG TtIS CHANGE ORDER) L8at BeC Approved Amount $ 204,881,000.00 (LAST TOTAL AIIT. RaQUIRING ICe APPROVAL) Date of LMt BeC ApprovIII Agenda ItIIm # 12/17102 Cumulative Dollar V.... of Change Orde,. to thla ContrIICtIWork Order: . 1,011,673.00 PerantIIge of.... chIInge overIunder cu".nt COIdnIå ....nt 04.07% Formula: (CWrent Amcu1t I Last BCC apprcMId amount)-1 Resub and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on Purchaing report. For epeciftc infonn8tton regarding work order thr88hoIda, please refer to the Contract Adminiltnltlon Proœd\ns, Sec:tion III.C.04 CURRENT COMPLETION DATE (8): .- -"8U88TANTIAL.:-' -..--..-- ..._.._.._. _n..-ORIGINAL: --3I1.8f05---.... . .-. '''CURRENT:---' 3123105 PROJECT FINAL: ORIGINAL: 8/14105 CURRENT: 6114'05 . .~.,.. _..,_..._~.~ '." .".~ ". ...--. SUMIIMY OF PROPOSED CHANGE (8): Materials, labor and equipment to .natan a double gate tit the north end of the new chain-link fence along the west property lne (facing GoodIette-Fnmk Road). JUS11F1CATION FOR CHANGE (8): The \WItem fence II being InållIed under this project. La1d8c8ping is requnct along the weet boundary of the NCWRF to provide a vteual buffer between the NCWRF and Goodlett&- Frank Road, In accordance with the Site Development Plan amendment for this project. The landscaping 18 being Impiemented under a separate project and will be inltalledbetween the west fence and an exlattng drainage Clnal. The double gate win provide aCC811 to the landlclping ..... by the instalUng contractor and far long-tenn ~pe maintenance by the County. Aa such, thll Item is required to coordinate With the needs of the sepal- Isndacaping project. Revised 9/14104 Agenda Item No. 16E5 April 12, f2: pagrð 1':.8 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAIIE: NCVVRF Expansion to 24.1 MOD - liquid Stream PROJECT'll: 739501 BlDlRFP -= 02-3418 MOD ~ 6-10 AMOUNT OF THIS CHANGE . 1,229.00 PO-= 4500004112 Work Order': NlA CONTRACT AMOUNT: ORIGINAL $ 24,861,000.00 CURRENT $ 25,873,902.00 (STAR11NG POINT) (INCWDIIIØ THII CHANGE ORDER) Lat BCC Approved Amount' 24,861,000.00 (LAITTOTAL~. REQI.!!MIG lICe APPROVAL) Dale of Laat BCC Approval AgendII ...... ## 12/17102 Cumulative Dollar V.... of Change Orde... to...18 Contrac:tAVork Order: . 1,012,902.00 Pen:entIIge of the change over1under current contract MIount 4.07% Formula: (CurT8f1t ArnoLn I Last ace approved arnount)-1 Raub and Actions: If the change exceeds 10% BeC apPfOVaI is required; under 10% reported to Bce on Purcha8ing report. For apecific information regarding worK order thresholdl, please refer to the Contract Adminiltnltion Proœc:kns, Section III.C.4 CURRENT COMPLETION DATE (8): SU8STANTIAt:'--"-__"'H ..... "-"0RIGIJfA[:--'3I18m5 -.. _m.... -..... ··CURRENT:--'3I23IOS"-"'·' -..-,,--.- PROJECT RNAL: ORIGINAL: 6f1.w5 CURRENT: 6114105 SUMMARY OF PROPOSED CHANGE (8): Materials and labor to purchase and install five (5) each pressure Indicators on auction to RAS Punpe Nos. 1 - 5 at Sludge Pump Station NO.4. JU8T1F1CATION FOR CHANGE (8): The RAS pumps r.cycIe 8IucIge from the clarifiers back to the 'aeration bllains. DIn1g this constIInt recirculation, hair fiber and debris within the sludge accumulates and "mats- together. The pressure gauges are an enhancement and will allow plant staff to monitor suction preaure ahead of each RAS pump . an indicatcn of whether significant al11OLl1ta of material are becoming trapped within the pump housing n reducing pumping capacity. When suction pressure rises, plant stBff can then arrange to remove 8 pump from service, open the Inspection hatch, and remove said material. As such, this item provides an enhancement to the facility. Revised 9/14/04 Agenda Ite~~~ 1 ~5 Apn 2 Pag 0 8 CONTRACTIIODIFICATION CHECKUSTFORM PROJECT NAIIE: NCWRF Expansion to 24.1 MGD - liquid Stre8m PROJECT.... 739501 " /1, ð'C BlDIRFP I: 02-3418 MOD I: 8-11 AMOUNT OF TH. CHANGE $ t,I!I.CO PO If: 4500004112 Work Order If: NlA CONTRACT AMOUNT: ORIGINAL' 24,881,000.00 CURRENT' 25,874,513.00 (lTM11NG POINT) (UICI UDING THIS CHANGE ORDER) LIIat BCC Approved Amount $ 24,861,000.00 (LAlTTOTAL 1tIIr. ........ICC APPROVALJ DIå of Lat BCC ApprovIII Agenda ..... .12117102 Cumulative Dollar Value of Change Orders to this ConnctlWork Order: $ 1,013,513.00 Perwntage of the change over1u.... CUI'NIIt connct MIOUIIt 4.08% Formula: (Cœ8nt Amount II.a8t BCC approved 8I'nOIri)-1 Results and Actions: If the change exceeds 10% BCC approval Is required; under 10% reported to acc on Purch8Iing report. For epecIfic infarmltion r1IgRing work order threshold8, please refer to the ~ Admlnlention ProcecUea, SectIon III.C.4 CURRENT COMPLET1ON DATE (8): "'SUBSTANTW;:"-'''--'' ..···....·-..0RIGINAt: '3118106" ....····..····..·..-..CURREHT: "3123105--""" PROJECT FINAL: ORIGINAL: 8I1.ws CURRENT: 6114105 . . .."" . M._· _.._.. ._. SUMMARY OF PROPOSED CHANGE (8): M8teri81s to purchaee ceiUng-mounted Ight fixtures for the new GenenItor Building. JU811F1CA noN FOR CHANGE (8): The original bidding docunentB cailed for the County to supply light fixILna for the eo.ltractor to Inat8If in the new Generator BuIdIng. The light tbd:ureI were to be damp.nated fixtures cumM1tIy inataUecl In the Sludge DewaterIng BuIlding. At the time of bidding, it W8I the County's intent to replace the DewaterIng Building ~ fixtures with water-proof fixtures to allow waahdown of the ceiling to remow .... webs, Me. Since u.t time the County has elected not to pursue WIIter-proof fixt1ns for the DewaterIng Building and allow the damp-rllted fixtures to retrlain. Since the Dewatering Building damp-nded fixtures were no longer available, new fixturea were required for the new Generator Building. Had this Item been dilcxMnd during the dellgn period, It would haw been Incorøorøted Into bidding documents and the 8ddItion8I coeta Included in thia c:h8nge Item would have been Included In a higher Iump-ILm bid price for the CMI1III project. Revised 9/14104 Agenda Item No. ì6E5 April 12, Qt)5 m Page 53 ~8 ...-. ..... .- CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: NCWRF Expansion to 24.1 MOD - Liquid Stream PROJECT 'It. 739501 BlDlRFP.: 02-3418 IlOO ~ 8-12 AMOUNT OF THIS CHANGE $25,029.00 PO I: 4500004112 Work Order It: NlA CONTRACT AMOUNT: ORIGINAL S 24,861,000.00 CURRENT' 25,899,542.00 (STARTING POIIT) CINCUJDING THIS CHANGE ORDER) Lat BeC Approved Amount $ 24,881,000.00 (lAST tOTAL AIIr. RID_ BCC APPROVAL) Data of Lat BCC ApproyaJ AgendIIItMn .. 12/17102 Cumulative Dollar V.I. of Change 0..... to 11118 ContractlWork Order: S 1,038,542.00 Petwntage of the cha.... overIunder cuJNllt cO"bM4l1111OUnt 4.1 n. Formula: (CurrentAmcu1t I Last BCC IIpp'1MId amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to acc on Purchasing "'POrt- For epecific information regarding work order ttnIhoIda, please refer to the Contr8ct Adm.......tIon ProcecUes, Section III.C.4 CURRENT COIlPLETlON DATE (8): -SUBSTANTIAL:-"- -. - --.. ORIGINAL: - -3118105--'------ -----CURRENT:-- -3123105- --. PROJECT FINAl.: ORIGINAL: 6/1-i105 CURRENT: 6/14J05 SUIlllARY OF PROPOSED CHANGE (8): Materials and labor to install gravel maintenance strips around new 8tructures. JUSTIFICATION FOR CHANGE (8): The g.... maint8n8nce strips are 18" wide end are installed around the perimeter of aH major atruc:tur.. The grass lOCI instilled IIRUId structur8s abuts the gravel strip 18"' away from structure walle and alowa the plant to cutlmaintain the lOci more efficiently, thereby saving significant time on a regular baaia. As such, thle Item pnMdes a value IldeIed betterment to the project. The gravel mai.. _ICe strip detail was inadvertently omIIed from the original conInIct docunentø. Had this Item been cI8ccMnd during the design pertod,ltwould.have been lncorpoIaIed Into bkIdIng docunentø and the 8dd1ionaf costs lnc;lucIecI In this change Item would have been included In a higher lump-aum bid price for the overan project. Revised 9/14104 Agenda Item No. 16EII April 12, 200 I . .' Page 54 of 5 . " CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAIIE: Profeulonal EnalneerlnG Services for Deslan of the Northeast Reclamation FacilItY and We.r Treatment Plant PROJECT #: 70102173158 BlDlRFP It: 04-3873_1100': PO IJ: _4S00041201 1 AMOUNT OF THIS CHANGE $_-0- Work Order': CONTRACT AMOUNT: ORIGINAL $ _11,721,020 CURRENT $_11,725,020 (STARTING POINT) (lNCWDING THIS CHANGE ORDER.) last BCC Approved Amount $_11,725,020 (LAlT TOTAL ÞKr. REQUIRING 8CC APPROVAL) Da. of Lat Bce Approval_12114/04 Agenda Item # _10E Cumulative Dollar Value of Change Orders to th.. ContractJWork Order: $ Percentage of the change over/under current contract amount -0- % Fonnula: (Current Amount / Last acc approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval Is required; under 10% reported to BCe on Purchasing report. For specific Information regarding work order thresholds, please refer to the Contract Administration Procedures, Section lII.e.4. ..,_..__. _5?~~~<?~~~_I~.~!EJ~t~~<!I_~~_~~~_~~._.._.__ . .. <?~~~:___1~1t;l~ SUIlMARY OF PROPOSED CHANGE (S): Identify the chang... Replace sectlona 8.1 and 8.2 of Article Elaht. Indemnification JUSTIFICATION FOR CHANGE (8): What value or benefit do th...chang.. provide to the project? To update contract Indemnification claU88 PARTIES CONTACTED REGARDING THE CHANGE: County Attornev IMPLEMENTATION STEPS (Verify each before proceeding with change ualng Y, N or NJA) _ Y _ Propoeed change Is consistent with the scope of the exlating agreement _N_ Proposed change ia in fact an addition or deletion to the existing scope . _ Y _ Change Is being implemented In . manner con.latent with the existing agreement _ Y _ The appropriate parties have been consulted rwgardlng the dw1ge NIA_ Proposed prices, fees and coeta set forth In the change are reasonable R RECOMMENDATION: Thla fonn Ia to be algned and dated. 11¡-r/' Date: APPROVE BY: ~ p. anager REVIEWED BY:~. ÌY.I tL.)~ CO peciallat Revised 12/23/04 . '(Cl(\f\Q.t\. ò 3 .~~ - '5' Date: 3-!ff-ðS"' ,..,','-----,.._. .t. \,\ .... Agenda Item No. 16Eß;;L., April 12, 20œ Page 55 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Grade SeDarated Overoass PROJECT #: pif4,3/J'1/as ff!: ~.I'S" BIDIRFP #~"'3653 MOD #: AMOUNT OF THIS CHANGE $ 0 "j..... - V 60006 PO#: CONTRACT AMOUNT: ORIGINAL $ 397 385.35 CURRENT $_35,397,385.35 (STARTING POINT) (INCLUDING T1iIS CHANGE ORDER) Last BCC Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING Bec APPROVAL) Date of Last BCC Approva Agenda Item # Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ o -;::J1~é ~~:~~~r~u~e~~~~~n~~ ~=:r~~e:p~~~~~t :~~:~~1 amount N/A % Vt1¡ \~ Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on t Purchasing report. For specific information regarding work order thresholds, please refer to the Contract / Administration Procedures, Section III.CA.· st.2'llð~ CURRENT COMPLETION DATE (8): ORIGINAL: Sectember 24. 2006 CURRENT. 'ðll!~1 28. 2oo64API - - "......... _..._ ......_. _.w PARTIES CONTACTED REGARDING THE CHANGE: Reviewed and accroved bv Lvnn Thorea. P.E. Princical Proiect Manaaer. T.E.M.C. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed changE;! is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable ION: This form is to be signed and dated. 2(~~~ c3þ,k? Revised 12/23/04 Agenda Item No. 1'PA. April 12, 20œ Page 56 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Grade Seoarated Overpass PROJECT #: 60006 :ud ¡stilt ~ B1D/RFP #: 04-HA MOD #: R1t8 AMOUNTOF THIS CHANGE $--º. PO#: Work Order #: CONTRACT AMOUNT: ORIGINAL $ 35,397,385.35 CURRENT$ 35.397,385.35 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N/A (lAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of Last BCC Approval -ilIA Agenda Item # N/A Cumulative Dollar Value of Change Orders to this ContractIWork Order: !..!L- Percentage of the change over/under current contract amount N/A % . Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section !lI.CA ' tl rA 0<1Þ81R.21; D CURRENT COMPLETION DATE (S):ORIGINAL: September 24.2006 CURRENT: ie ¡t'ilmg8r2~. 2006 ::~=-:SÜMNrARŸ:OF :PROPOSer,::CHAN'GE(S):' Terribdrary'eieCtrtcâr servrcé:t~Üfté1ffò¡Sfåhå:is:åTIhå'::-¡nte~~ectiO of Golden Gate Parkway and Airport Road. Oriainal Dower was removed durinQ FPl's relocation work. JUSTIFICATION FOR CHANGE (S): Sianaiization Items Allowance used to provide temporary power to siana ' at the intersection of Golden Gate Parkwav and Airport Road. PARTIES CONTACTED REGARDING THE CHANGE: Reviewed and approved bv Lvnn Thorpe. P.E Principal Proiect MansQer. T.E.C.M. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) l Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change -'L-Proposed prices, fees and costs set forth in thè change are reasonable OMMENDATION: Date: .ð ~ /../ Date: CÒMMENTS: ~ Revised 9/14/04. ,,' . ..... ~ 4,r!~ Agenda Item No. 16E5/<1 April 12, 2005 1 Page 57 of 58 cqNTRACT MODIFIÇATION CHECKLIST FORM PROJECT NAME: GoJden Gate Grade Separated Overpass PROJECT #: 60006 6~- 3h53If~o' "~Þ5.' BID/RFP #: -·011<)[:02. t ~OD#: 0 "'''AMO}JNTOF THIS CHANGE $-º \'" pot: Work Order #: CURRENT$ 35.397.385.35 .CONTRACT AMOUNT: ORIGINAL $ 35 . Last BCe Approved Amount $ (STARTING POINT) (INCLUDING THIS CHANGE ORDER) NfA (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last ac.c Approval N/A Agenda Item # NfA Cumulative Dollar Value of Change Orders to this Contract1Work Order: ~ ~ Percentage of the change over/under current contract amount N/A % .~.,4 Fonnula: (Current Amount I Last BCC approyed amount}-1 ~ ß.v Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported 0 BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contra'ct Administration Prt?cedures, Section !lI.CA 8A¡a . . OcTa'EI. :11 ,~þ" $fAD1 CURRENT COMPLETION DATE (S):ORIGINAL: Sectember 24.2006 CURRENT: 3~l5tG",Lt::1 24.2006 . '--;.- ,~':':'--itfMMÀ~~"PROPOSEDCHANt;-~sr:'Äa~fimi1f~¿~fõ'f:6(f1:tDPÈ~ë 'as peH}äëk~~r.responee: adjusting plan quantity to reflect addendum #2 and adding a line item for 60· RCP pipe to cross Golden L Parkway. . JUSTIFICATION FOR CHANGE (5): Contract negotiations prior to award of contrad (see attached) Added 6C RCP pipe for road crossing. Corrected plan quantity to reflect' addendum #2. PARTIES CONTACTED REGARDING THE CHANGE: Reviewed and ace roved by Lvnn Thorpe. P.E Principal Proiect Manaa~r. T.E.C.M. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NJA) l Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact al1 addition or deletion to the existing scope l Change is being implemented in a manner consistent witñ the existing agreement l The appropriate parties have been consulted regarding tf1e change -Y-Proposed pñces, fees and costs set forth in the change are reasonable PROJEC~RECOMMENDAT10N: APPRO\/, : . k d-Lr- DISAPP E: Date: Date: :;tr.¡þ~ ~~~r d&-: ~?YI?J/~ Agenda Item No. 16E5 l5 April 12, 2005 Page 58 of 58 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Grade SeDarated Overr- . PROJECT #: 60006 BID/RFP #: 04~~ '~OD #: .øf 5 , If~t-!TOF THIS CHANGE $-2 \frIO\:' pot: Work Order #: CURRENT$ 35.397.385.35 CONTRACT AMOUNT: ORIGINAL $ (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC Approval N/A Agenda Item # NIA Cumulative Dollar Value of Change Orders to this ContractIWork Order: ~ Percentage of the change over/under current contract amount N/A % .../~.~ Formula: (Current Amount I Last BCC approved amount)-1 Y-" Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to Bcc~n . Purchasing report. For specific information regarding work order thresholds, please refer to the Contr . Administration Procedures, Section !lI.CA /k'TIIII« AI þ,. , ~ CURRENT COMPLETION DATE (S):ORJGINAL: SeDtember 24. 2006 CURRENT:C¡egt.~b1''' '4. 20 6 .-;.;.:.:;::_._._._._._.-.~- _.. - ... .....-.---.-..........-.......- ........_,..~-_.. .,,,.. '..' ..".......---.-.--....---......---...,. - ---.---...---.-.,.-. .------------ ----"----,,.- - .....-...,.".....--..... --_. ,.-.. -, -.' ....--. ., " .... '-'" ..' .... -....-.... .......... - .-.... .~, "'-'''~~-'''.'''' . ,. ....... . .. '_h.. ...... ,,_......·._w._,.. _ ...._ ..~.'__..,_..... .._ ". .. ... . .'~""~ . _.- .....-. .. ........,...~.~'....... ,-_., ...._... ... ..... SUMMARY OF PROPOSED CHANGE (S): Deleting seal concrete! adding Contractors alterative method. To accommodate these changes monies were taken from both the Roadway and Culvert & S-Wall Allowances. JUSTIFICATION FOR CHANGE (S): to facilitate construction of the box culvert 'and "s" walls. PARTIES CONTACTED REGARDING THE CHANGE: Reviewed and accroved bv Lvnn Thorce. P.E.. Princical Proiect Manacer. T.E.C.M. . and Eucene Calvert. P.E.. Interim Director. T.E.C.M.. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement ..::L. Proposed change is in fact an addition or deletion to the existing scope ..::L. Change is being implemented in a manner consistent with the existing agreement ..::L. The appropriate parties have been consulted regarding the change -Y-Proposed prices, fees and costs set forth in the change are reasonable APPRO DISAP Date: 2.{¡cl-o:f Date: ~~~ ~ Sfet\IMt Revised 9/14/04 dti:L- ð J~/ ~~ , , - Agenda Item No. 16F1 April 12, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to Approve a Modification to the Fiscal Year 2005 Emergency Management Preparedness and Assistance Grant Accepting $41,969 and Approve a Budget Amendment to Recognize and Appropriate the Revenue. OBJECTIVE: Approval of a modification to the FY 05 Emergency Preparedness and Assistance Grant accepting $41,969 in additional Federal Funds and approval of a budget amendment necessary to recognize and appropriate the revenue. .....-." CONSIDERATIONS: The Federal Emergency Management Agency (FEMA) through the Florida Department of Community Affairs annually makes funds available for local emergency management programs. The County will be awarded $41,969 in Federal funds for FY 05 through a modification to the existing Emergency Preparedness & Assistance Grant, Agreement #OsBG-04-09-21-01-184, originally approved by the Board of County Commissioners on November 16, 2004. For FY 05, $40,000 was anticipated from this source and was budgeted for salaries and benefits in the Emergency Management General Fund operating budget. The acceptance of these Federal funds requires a dollar for dollar local government match which has been provided for within Emergency Management's General Fund operating budget. The additional $1,969 of Federal funds will be recognized and appropriated by budget amendment. FISCAL IMPACT: An increase, by budget amendment, of$1,969 to FY OS Emergency Management General Fund (001) operating budget. The local match of $41,696 is included in the FY 05 Emergency Management General Fund (001) operating budget. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a modification to the FY -05 Emergency Preparedness and Assistance Grant accepting $41,969 and approve a budget amendment to recognize and appropriate the revenue. Prepared by: Darcy Waldron, Department of Emergency Management .- Agenda Item No. 16F1 April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Itam Numbar Itam Summary 16F1 Recommendation to Approve a Modification to the Fiscal Year 2005 Emergency Management Preparedness and Assistance Grant accepting $41,969 and Approve a Budget Amendment to Recognize and Appropriate the Revenue. 4/12/2005 9:00: DO AM Maetlng Date Prepared By Date Darcy Waldron Senior Adm In¡strative Assistant 3123/2005 2:27:08 PM County Manager's Office Emergency Management Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 3/23/2005 2:29 PM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin, 3/28/2005 12:02 PM Approved By Dan E. Summers Bureeu of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 3/29/20053:27 PM Approved By OMS Coordinetor Administrative Assistant Date County Manager's Office Office of Management & Budget 3/30/20053:12 PM Approved By Michael SmykoW$ki Management & Budget Director Date County Menager's Office Office of Management & Budget 3/31/2005 10:12 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/31/20056:07 PM Agenda Item No. 16F2 April 12, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to Approve a Budget Amendment to Recognize and Appropriate Isles of Capri Fire Control District Impact Fee Revenue in the Amount of $55,300 for the Purchase of Equipment OBJECTIVE: Board of County Commissioners approval of a budget amendment recognizing and appropriating $55,300 of Isles of Capri Fire Control District Impact Fee revenue to purchase the equipment necessary to outfit a new fire engine. CONSIDERATIONS: The Isles of Capri Fire District is currently experiencing substantial growth and increased call volumes. On February 22, 2005, Item 16.F.1, the Board of County Commissioners approved the purchase of a new fire engine utilizing a FEMA grant. Impact Fee funding in the amount of 55,300 is requested to equip the new fire engine. The County Attorney's Office has approved the purchase of equipment utilizing Impact Fees if the equipment need is necessitated by new growth. The fire engine and its equipment are needed due to new growth, and will be used exclusively to service new development. FISCAL IMPACT: A budget amendment is required to recognize and appropriate an additional $55,300 in Impact Fee revenue in the Isles of Capri Fire Control District Impact Fees Capital fund (373). GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment to recognize and appropriate $55,300 of Isles of Capri Fire Control District Impact Fee revenue for the purchase of equipment to outfit a new fire engine. Prepared by: Alan McLaughlin, Assistant Chief Isles of Capri Fire Control District -- Agenda Item No. 16F2 April 12, 2005 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F2 Recommendation to Approve a Budget Amendment to Recognize and Appropriate isles of Capri Fire Control District Impact Fee Revenue in the amount of $55,300 for the Purchase of Equipment. 4/12/2005 9:00:00 AM Meeting Date Prepared By Date Alan M. Mclaughlin Assistant Fire Chief 3/291200512:14:36 PM Counly Manager's Office Isles of Capri Fire Rescue Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 3129/200512:13 PM Approved By Rod Rodriguez Board of County Comminioners Fire Chief Dete Isles of Capri Fire Rescue 3/2912005 1 :00 PM Approved By Dan E. Summers Bureau of Emergency Services Director Dete Counly Manager's Office Bureau of Em.rgency Servicas 3/29/2005 3:27 PM Approved By OMB Coordinator Administrative Anistant Dale County Manager's Office Office of Management & Budget 3/30/20053:10 PM Approved By Susan Usher Senior Management/Budget Analyst Dale County Manager's Office Office of Management & Budget 3131/20058:30 AM Approved By Michael Smykoweki Management & Budget Director Dal. County Manager's Office Office of Mal1agement & Budget 4/4/20054:47 PM Approved By James V. Mudd County Manager Dale Board of Counly Commissioners County Manager's Office 4/6/2005 1 :17 PM --- Agenda Item No. 16F3 April 12, 2005 Page 1 of 5 EXECUTIVE SUMMARY Approval of an Out-of-Cycle FY2005 TDC Category "A" Grant Application and Budget Amendment for Tigertail Beach Entrance Project #900151 Subm itted by Parks and Recreation Department in the Amount of $6,000 OBJECTIVE: To obtain approval of a TDC Category "A" Grant Application and Budget Amendment for Tigertail Beach Entrance in the amount of $6,000. CONSIDERATIONS: In 2002, the TDC and BCC approved a TDC grant for $150,000 for the design, permitting and construction of the Tigertail Beach Entrance project. The project consisted of a new tollbooth, signage, landscaping, irrigation, automatic gates, and lighting. Since then, the project has been designed, permitted and substantially constructed. Due to escalating construction costs, the original budget is not adequate to complete the project. In order to complete the project and install the code required fencing and landscaping, an additional $6,000 is required. This amended grant requests those funds to finish the project. The attached Tourist Development Category "A" grant application was reviewed and endorsed by the Coastal Advisory Committee on March 10, 2005, the Parks and Recreation Advisory Board on March 16, 2005 and the Tourist Development Council on March 28, 2005 Funding for this project is considered part of the annual $2,000,000 Tourist tax set-aside, which is devoted to parks and recreation beach park facilities and access projects. FISCAL IMP ACT: Funds are available in the (Fund 195) Category "A" Tourist Development Tax reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve: 1) Tourist Development Category "A" grant application and 2) Budget Amendment in the amount of $6,000 PREPARED BY: Maria Bernal. Tourist Tax Coordinator - Agenda Item No. 16F3 April 12, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F3 Recommend approval of an Out-of-Cycle FY2005 TDC Category 'A" Grant Application and Budget Amendment for Tigertail Beach Entrance Project #900151 submitted by Parks and Recreation Department in the amount of $6.000. 4/12/20059:00:00 AM Meeting Date Prepared By Date Marla E. Bernal Tourist Tax Coordinator 3/30120059:26:21 AM County Manager's OffIce Tourism Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 313012005 9: 35 AM Approved By Gary McAlpin Costal Project Manager Date County Manager's Office Tourism 3130/200510:39 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 3/31/2005 1: 14 PM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 313112005 1 :29 PM Approved By OMB Coordinator Administrative Asslsta"t Date County Manager's Office Office of Management & Budget 411120058:52 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 411120055:41 PM Approved By Michael Smykowski Manegement & Budget Director Date County Manager's Office Office of Management & Budget 414120055:19 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/612005 4: 29 PM ... Agenda Item No. 16F3 April 12, 2005 Page 3 of 5 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Tigertail Beach Entrance (Amended Grant) (Project Title) 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 2. Contact Person, Title and Phone Number: Name: Murdo Smith, Interim Director Parks and Recreation Address: 3300 Santa Barbara Boulevard City: Naples ST: FL ZIP: 34116 Phone: 239-353-0404 FAX:239-353-1OO2 Other: murdosmith@colliergov.net 3. Organization's Chief OMcial and Title: Fred W. Coyle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: In 2002, the IDC and the BCC approved a IDC grant for $150,000 for the Tigertail Beach Entrance project in Marco Island. This project consisted of the design, pennitting and construction of a new tollbooth, landscaping, iITigation, signage, automatic gates and lighting. Since that time, the project has been designed, permitted, and substantially constructed. Due to the escalating costs of construction, the original design! construction budget was not adequate to complete the project. Remaining to complete the project is the installation of code required fencing and landscaping. This amended grant requests an additional $6,000 to complete these items and finish out the project. 5. Estimated project start date: April, 2003 (original start date) Agenda Item No. 16F3 April 12, 2005 Page 4 of 5 Collier County Tourist Development Council Category "A" Grant Application Page 2 EXHIBIT A Til!ertail Beach Entrance (Amended Grant) (Project Title) 6. Estimated project duration: originally: 6 months; actual: 24 months (4/2005) 7. Total TDC Tax Funds Requested: original grant: (this request) amended 2fant: new project total $150,000 $ 6.000 $156,000 8. If the fun amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) PROJECT BUDGET PROGRAM ELEMENT AMOUNT $ 6,000 $ $ $ TDC Funds Requested Citytraxing District Share State of Florida Share Federal Share TOTAL $ 6. ()()() PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Fencing! Landscaping $6,000 TOTAL $6,000 This amended grant was reviewed by PARAB on 3/16/5 and they unanimously recommended approval (4-0 vote). Agenda Item No. 16F3 April 12, 2005 Page 5 of 5 Collier County Tourist Development Council Category "A" Grant Application Page 3 EXlDBIT A Tieertail Beach Entrance (Amended Grant) (project Title) I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply wi~ all ~delines and criteria. ~~~6 - .3-/8-oS- Signature of Sponsor Organization's Chief Omcial Date Agenda Item No. 16F4 April 12, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommend approval ot an Out-ot-Cycle FY2005 TDC Category "A" Grant Application and Budget Amendment in the Amount of $100,000 for County/City of Naples Annual Beach Monitoring Project #905362 OBJECTIVE: Recommendation to obtain approval of a TDC Category "A" Grant Application and Budget Amendment in the amount of$100,000 for FY2005 County/City of Naples Annual Beach Monitoring. CONSIDERATIONS: The attached Tourist Development Category "A" grant application was reviewed and recommended for approval by the Coastal Advisory Committee on March 10, 2005, and the Tourist Development Council on March 28,2005. The upcoming major beach renourishment project was originally scheduled to be complete in the spring of 2005 and therefore the project would have provided the annual monitoring (post- construction monitoring). Since the project has been delayed by one year, the annual monitoring for 2005 is not currently budgeted. This grant application, the Pelican Bay grant application and the Collier County Parks & Recreation Department grant application will be consolidated into one project titled County / City of Naples Beach Renourishment. If approved, this project will be executed by Collier County staff. The proposed project area has public street access. The proposed project areas are within 12 mile of a beach park facility, public access point, hotel, or motel. FISCAL IMP ACT: Funds are available in the Category "A" Tourist Development Tax reserves. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners recommend approval of: 1) Tourist Development Category "A" grant application and 2) Budget Amendment PREPARED BY: Maria Bernal. Tourist Tax Coordinator ,......-'. Agenda Item No. 16F4 April 12, 2005 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F4 Recommend approval of an Out-of-Cycle FY2005 TOC Category "A" Grant Application and Budget Amendment in the Amount of $100,000 for County/City of Naples Annual Beach Monitoring Project #905362. 4/12/2005 9:00:00 AM Meeting Date Prepared By Date Marla E. Bernal Tourist Tax Coordinator 3130/2005 9: 19:59 AM County Manager's Office Tourism Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 3/30/20069:30 AM Approved By Gary McAlpin Costal Project Manager Date County Manager's Office Tourism 3/30/200510:38 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/30/2005 3:31 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Ottice of Management & Budget 3/31/2005 3:51 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/4120054:29 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/4120058:26 PM - e e ~-_."-~._~ .--.--..-.-~...--"-"..- COIJJF.. COUNTY TOURIST DEVELOPMENT COtJNCIL CATEGORY "AM GRANT APPUCA110N 8eM:Ia ReaoarWI__t aad P.. M.......- ç...av I CitY .IN..... ....... .--11 M-........ 2115 1. Name uti AddnII ofPnject ~IOI' O..·I_tin: Collier Co~ Board oíCoUII\Y CommiMioners 3301 TAmÛuni Trail East N._ FL 34112 2. CODâId Penoa, TItle aad PIIoae N_ber: Nuae: Guy MeAIDIa. C....I Pmtedl M...... PlaODe: l239\S38-5.'W2 FAX: '239\403-20404 3. Orpaizatto.·. ClûelOIIIdaI aacI TIde: C'.nmmidinnel' Fred W. Coyle.. r.høinnan Board of County C'nmmiaionen 4. DetaIII otPnjeet- DeIaIpdoa ud Locatio.: The pnùect wou1d monitor Vandøhi1t.. Park ~~ and ~~ beacltes p reqJIircd by the IDEr ønniL ThnI.r the pmmit is tb~ to eJq)Ïre on 12/31/05. ..m bas been trucked to these beaches in t'CU1Jt years ~ flndP.ndinll the ~ tor monitorinrz. TIle 1U)CO~ I'NIÌ"" beach __Iridtment prom was nriiinAlly sc'-lnled to COD¡)Iete in the $pine of2005 and tlwftdòre the lJI'Q:iect wou1d ba~e ~ the 8......1 UIOnitoriaa (post~n monitorina). SiŒc the proicct has been delayed by one year. the AnnUal monitorin8 for 200S is not current1v h~_ s.. Þ*&-.... project ltart date: ~ project........: MaY 2105 6. 4 ........ 7. Total TOe Tax li'Mdt a.q.....: 51... I. If tile t'IdI.....t .......... C8IIIIOt be ItWIU"ded, cu tile pI'OCI'MIIprojed .. nstnetand te -~-.'ate a --... awant? VII ( ) No (X) If; P. <.f ~/:tlf>.( e e - C"'r COIIBty T...... ......_t c.adI Category" A- Gnat ApplladoB Pap 2 Coma" I CitY ofN-nIM A.__" B--" ~...Itarúu 280S I have..... dae Teadå ~_ ea.ry "A'" ... ...... Po" eweriB& ..... .............t ød puI .......... .... ......·dud .., ...,,-hatlea will eomply wida aD ....... ad ertte..... b~~tIÏoo"QIofOllWol 16 Ft.{ L\ (lz(05 PRO.D.Cr BUDGEI' fROGRAM EI.tr.MRNT me..... ....... CltJIf'" DIIañcI& s...... StMI.f:n.ñla SIIIIre 1''''''''' s.... TOTAL ðM°UNT $100.000 $ S S $100..000 PROJECT ~sa: ~'I""" Mo"'~ Colltnldor, MOIIItorIaIetc) ..-'-...... ~ TOTAL -...-..---....-...--.-.."^-.----..- ,- ..,., Sl_. S S S S Sl..181 Jh/tJr Date EYlllBIT A Agenda Item No. 16F5 April 12. 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners award Bid #04-3613R in the amount of $322,437.50.00 for Pelican Bay Irrigation Installation to Stahlman- England Irrigation, Inc. OBJECTIVE: To award Bid #04-36l3R in the amount of $322,437.50 for Pelican Bay Irrigation Installation to Stahlman-England Irrigation, Inc. CONSIDERATIONS: 1. Bid #04-3613R was posted on March 4, 2005. One hundred and forty one (14]) inquiries were sent and two (2) bids were received and opened on March 25, 2005. 2. Staff has reviewed the bids and determined that the low bid was submitted by Stahlman-England Irrigation, Inc. Therefore, staff recommends award of Bid #04- 3613R to Stahlman-England Irrigation, Inc. as the lowest qualified responsive bidder in the amount of $322,437.50. FISCAL IMPACT: The fiscal impact for Bid #04-3613R is $322,437.50 with funds available in the Pelican Bay Capital Projects Fund 322. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting ITom this action. RECOMMENDATION: That the Board of County Commissioners award Bid #04- 3613R in the amount of $322,437.50 for Pelican Bay Irrigation Installation to Stahlman- England Irrigation, Inc. and to authorize the Chairman to sign the standard contract after review by the County Attorney. Prepared by: Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division -, Agenda Item No. 16F5 April 12, 2005 Page 2 of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F5 Recommendation that the Board of County Commissioners award Bid #04-3613R in the amount of $322,437.50.00 for Pelican Bay Irrigation Installation to Stahlman-England ¡rrigatlon, Inc. Meatlng CIte 4/12/20059:00:00 AM Prepared By Date Kyle Lukasz Operations Manager 3129/2005 3:40:21 PM County Manager's Office Pelican Bay Services Approved By Jean C.Smlth Operations Analyst Date County Manager's Office Pelican Bay Services 3129/20053:59 PM Approved By Kyle Lukasz Operations Manager Date County Manager's Office Pelican Bay Services 3/30/20054:01 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 3/31/20059:29 AM Approved By Steve Carnell Purchaslng!General Svcs Director Date Administrative Services Purchasing 3/31/20059:46 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 411/2005 12:05 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/612005 9:48 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/6/20054:00 PM ..M_~__~__." _N 1.()Lt')v ~:!I" u..O_ (000 .....N('f) 6N"Q) I!~ Z::g ,gO!/! E'¡:: a.. ì5I ( ) 0. Z j :;::<C á! cc 0.. "0 c: ( ) OJ « JU) ,,~ ...J . t'" ~~ L:~ t;¿ 1IIi! ::Eo.. is '[111 0..0 I I I j ! i ! I ! I i , I I I I i I I 8 8 I 8 $1 8 8 :$ 8' 8 18 I on ~ § Si ~ ~ 'U) i! ~ Ii i ,e;; ti ~ i~1 ~! ~I Ñ I'" ~I ,,.. ;; I I ,... I 1 1 I , , i I , I ~! 81 ¡ 8 $1 ~I 8: 8 18 .' ~ ~' ~ i . I~ ! ã ~I iã ¡... ;; ... ;; oIS is.. ~~ i , I ~ 1 i , I . I I , : I I I I I : I I I 8 is SI s' $1 S '8 S Iii! is ~! iN N: I~ ~. ~I ~ M ,N IN 'a; ~ ,- !a $ Ñ -I -, - ~I i '~ ... ... "'1 1 ;; 1 I I I I I ! , , 1 i~1 S ~I ~I u), s' IS ¡~ Iii 1 .1 1M NI .1 il I~ IN -I -I ! la ~ ~' ! I~ ~~ , 1 III cu i I .5.~ i I I j- i ! ! en ! 1 , 1 I I~ I~ I I§ !b i I . ~ I ~_ ~ ~ - !b ~! 18 'i:' ' 0 ð !8 !e 8 , ðli ,e Ij i 5 8' jli e :8 8 e 815 ~ ·cl íl~ ,g~ (tjtfjio..! e, .!II 1 Q. :81 cu' :l .!II...! .!II~ -0.. ~, l~ il'" i·", § ~ §!I §! li:5 i ei -e ::JI :::..!::J 1::J &:5 c e I C1 .5 , :::..::J I~ i c: e! ~I- :cc. ¡ ¡:::"I ~ i ,g' a: i ~ 15_~ 'il:::- I cu -' ~LL. 21 .m;~ j~ W 1~ Ii !!!.~ !!1, - 'E lji ::.,g¡ ... - i:~ "..... iii ! -'~ ,'5! ,~ , I )' oS '!ifi::J .iil j ~! !if !:s .ì, lš i~ ~ ii .§'- .ì ¡ II ~ ~: 'a> I!! I 'E I I!! 11) ii ~I 1:2: 11 ~ I~ ¡Ij ~ i 2'1_ co i I~ iã i .~ ~ .- i ¡ D..C 0.. ID i, 8 0.. - a> !6' 0.. N 'õ e :8 .!II Š .. oS c :8 cu f ~~ .~~ ~~ $~ i~ :si!-m IDO ({)({)v u..o_ WOO --NV N( ) '''- 0) --to E·i::a.. ( )a. :::::« to "'0 c: (I) C) « ....N J¡ II 0- i~ ...J _ ~¡ I.:i Ii; ~i 0- II O-C I i . I I I I I I i 81 8 i8 8 18 8 8 ~ 8 ~i iii :~ J ~ i ~ ~ ~ .... .... ¡;i g t; .... ¡;i & I >~ I~ » > » I I ~ i 8 ~ 8 ~ I U I i ~ i u .. I I I ! I I ! i I 8 ~ 8 ~. ~ ~ 8 ~ I ~ i wi ~ ~ M IN N ~ ~ ..... :ã ã !~ I co., .. ~ & .. ~ g »'> » >~ I I I i I I It) ~ 51 ~ ~ I ! I ~ M N N i .... .... ã ~ ! ¡ i I I I I I ~ i ~ ! ffi i § ¡¡; ~ C .... g I g IC g ~ ~I » e I~ .=::- 8 jii i III 0 .~ I~ ,g it í~ ~ w Ii ~~ C .i 1!'.i =: ~ ,~ '! '!' c 1 ::;) I~ § 1-- i !@ c :Jg. ::;) ::::.::;)t it ~ffi .i ::::.:3 tl~j ::::.:3 !~ ~ I~ ~i a:: I '~I ~I s ~ if w 1 .... IIu ::;) 01:5 ~ ~ I~ ~ I i J (!)'O §I!z ~ u.. à~ ::J -I ¡i 0 < c i .~ l .~ '2 ~ cnw t) c~ -s~ ! i II ! !Ii u..~ x I () ::;¡ Zz Z! ~ 18 ~I J ~ i i ~~ z u.. ~w '0 '0 ~ Z ~~ Ij~ CII is u CII is iI¡¡ß ~~ 8 ,g .!II I .5 c i f i~ c .e! !Q ~'2 ~i ;~ :21 ClIO N '5 N I Agenda Item No. 16F6 April 12, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $8,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the construction of the Vanderbilt Beach Parking Garage; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a loan from the Commercial Paper Program in an amount not to exceed $8,000,000 to finance the construction ofthe Vanderbilt Beach parking garage. CONSIDERATIONS: On March 22,2005 (agenda item lOA) the Board of County Commissioners awarded a contract to Vanderbilt Bay Construction, Inc. for the construction of the Vanderbilt Beach parking garage (342 parking spaces with restroom facilities at the site of the current surface parking near the west end of Vanderbilt Beach Road) with financing provided through a Commercial Paper loan. Staff was also authorized to prepare a Commercial Paper Loan Resolution to be ratified by the Board at the April 12, 2005 Commission meeting. FISCAL IMPACT: A loan in an amount not to exceed $8,000,000 that shall be repaid with moneys derived from a covenant to budget and appropriate legally available non-ad valorem revenues. The ad-valorem taxing power of the County will never be necessary or authorized to make the loan repayments. Estimated maximum annual debt service (assuming a 5% interest rate and a ten-year term) is $1,203,500. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing a loan in an amount not to exceed $8,000,000 from the Commercial Paper Loan Program as the funding source for the construction of the Vanderbilt Beach parking garage. Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F6 Agenda Item No. 16F6 April 12, 2005 Page 2 of 9 Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $8,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the construction of the Vanderbilt Beach Parking Garage; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date 4/12/20059:00:00 AM Management & Budget Director Office of Management & Budget Date 41112005 12:27 PM Date Approved By James V. Mudd 80ard ot County Comrn issìoners County Manager County Manager's Office 4111200512:51 PM Agenda Item No. 16F6 April 12, 2005 Page 3 of 9 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $8,000,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF THE V ANDERBIL T BEACH P ARKlNG GARAGE; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALL Y A V AILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. Agenda Item No. 16F6 April 12, 2005 Page 4 of 9 "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan AgTeement, and (2) the proceeds of the Loan pending the application thereo f. "Draw" means the borrowing of money under the Loan AgTeement in accordance with Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A-31" means the Loan designated as "Loan No. .A-31" the proceeds of which shall be used to finance, reimburse or refinance Project A-31. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived ftom any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan 2 Agenda Item No. 16F6 April 12, 2005 Page 5 of 9 Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-31" means the acquisition and construction of the Vanderbilt Beach Parking Garage, as more particularly set forth in the plans and specifications on file or to be on file with the County and as the same may be amended or modified from time to time. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption ofthis Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution IS adopted pursuant to the provisions of the Act. SECTION 3. declared that: FIND IN GS. It IS hereby ascertained, determined and (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. 3 Agenda Item No. 16F6 April 12, 2005 Page 6 of 9 (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to fInance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements, including próject A- 31. (D) The County desires to borrow an additional amount not to exceed $8,000,000 in order to finance, refinance or reimburse the costs of Project A-31. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A-31 pursuant to the terms of the Loan Agreement and the financing of Project .4-31 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most effIcient and economical development of such services, facilities and programs. (F) Loan No. A-31 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available No~Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (G) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-31, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A-31 in the aggregate amoW1t of not exceeding $8,000,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A31. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-31 shall 4 Agenda Item No. 16F6 April 12,2005 Page 7 of 9 reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit 1. The County Administrator shall determine the date or dates of funding of Loan No. A-31 in accordance with the terms of the Loan Agreement. Loan No. A-31 shall mature in accordance with the provisions described in Schedule I attached hereto or in such other amounts and at such other times as the County Administrator may determine. Loan No. A-31 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-31 shall be 30 basis points or such other amount as Wachovia Bank and the County Administrator shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-31. The County does hereby authorize the acquisition of Project A-31 and the reimbursement of any costs incurred by the County with respect to Project A31 within the prior 60 days that are approved by bond counsel to the Program. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A-31 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-31 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If anyone or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. 5 Agenda Item No, 16F6 April 12, 2005 Page 8 of9 SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this _ day of April, 2005. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By: FRED W. COYLE, Chairman A ITEST: Dwight E. Brock, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel County Attorney 6 Agenda Item No" 16F6 April 12, 2005 Page 90f9 SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of the Loan shall be repaid as follows (or on such other date or dates and in such amounts as the County Administrator shall determine): Date Principal Repayment March 7,2006 March 6, 2007 March 4, 2008 March 3, 2009 December 1, 2009 $ 800,000 800,000 800,000 800,000 4,800,000 Interest on the Loan shall be paid monthly in accordance with the terms and provisions of the Loan Agreement. Additional Payments shall also be made in accordance with the Loan Agreement. Agenda Item No. 16F7 April 12, 2005 Page 1 of 6 EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION SUPPORTING ENACTMENT INTO LAW PROPOSED SENATE ØD..L 1252 AND HOUSE BILL 817 RELATING TO THE CREATION OF A SCHOOL OF ENGINEERING AT FLORIDA GULF COAST UNIVERSITY O~CI'IVE: Recommendation that the Board of County Commissioners adopt the attacbed Resolution to express support for Florida Senate Bill 1252 and House Bill 817. CONSIDERA~TION: Southwest Florida is one of the fastest growing economic areas in both Florida and the United States but it is the only major statistical metropolitan area in Florida without a university engineering program. On the basis of a study commissioned by the University President, it was determined that the region needed and would economically benefit ftom an engineering program. Several areas of undergraduate engineering especially appropriate for Southwest Florida were identified. Among these were Bioengineering, Environmental & Civil Engineering and Engineering Management. It is planned that the proposed Engineering School will enroll 300 engineering majors by 2008- 09, with a goal of turning out approx. 100 new engineers per year. Tbese engineers will possess skills vital to the State's economic future and will help diversify the regioo's tourist-based ecooomy moving it towards a knowledge and technology-based market. The pIan for a School of Engineering was given initial funding through private donations &om the Whitaker Foundation and the Ginn Corporation. Tbese funds will get the basic ftamework and infrastructure in place to start an engineering program at the University. Recurring State funds are required to support the hiring of faculty and the purchase of equipment and materials. SB 1252 and HB 817 are asking that the State provide 2.2 miIlion dollars in reoccurring funds until the 2009-10 academic school year when the program can sustain itself through tuition and state enrollment funds. FISCAL IMPACT: There is no fiscal impact. LEGAL CONSIDERATIONS: There are no legal considerations. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board adopt the attached resolution to express support for enactment of this proposed legislation and direct staff to deliver a copy of this Resolution to the Florida Association of Counties and to each member of Comer County's Local Legislative Delegation. Prepared by: Beth Johnssen, Assistant to the County Manager ....."-... Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners Agenda Item No. 16F7 April 12, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F7 Recommendation to adopt a Resolution supporting enactment into law proposed Senate Bill 1252 and HOllse Bill 817 relating to the creation of a School of Engineering at Florida Gulf Coast University. 4/12/20059:00:00 AM County Manager Date County Manager's Office 414/20058:12 PM --,---~. ··'-~~.~"."V~·'" Agenda Item No. 16F7 April 12, 2005 Page 3 of 6 RESOLUTION NO. 2005- A RESOLUTION OF THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING ENACTMENT INTO LAW PROPOSED SENATE BILL 1252/ HOUSE BILL 817 WHICH WILL CREATE THE FLORIDA GULF COAST UNIVERSITY SCHOOL OF ENGINEERING. WHEREAS, Southwest Florida is one of the fastest growing economic areas in both Florida and the United States and; WHEREAS, the Southwest Florida region is poised to stand with the rest of Florida in building a more diverse and viable economic base and; WHEREAS, the Enterprise Florida vision is for Florida to be "..a global leader in knowledge-based jobs, leading-edge technology and competitive enterprises in the 21st century." and; WHEREAS, the workforce foundation for success must include a range of technology programs that can drive the knowledge-based business growth of the region and the state and; WHEREAS, the academic link to insure this economic diversity in Southwest Florida is a School of Engineering at the Florida Gulf Coast University and; WHEREAS, Southwest Florida is the only major statistical metropolitan area in Florida without a university engineering program and; WHEREAS, Florida plans to move itself toward a technology and research infrastructure that prepares the state to compete in a rapidly evolving global economy and; WHEREAS, if the Southwest region is to become a contributing player in the statewide plan it must have an engineering program and; WHEREAS, started with a significant infusion of private funds, the engineering program needs State funds to supplement this support and; WHEREAS, proposed Florida House Bill 817 and Senate Bill 1252 would authorize Florida Gulf Coast University to create a School of Engineering and; WHEREAS, proposed Florida House Bill 817 and Senate Bill 1252 would authorize the university to grant bachelo"'s degrees in bioengineering, environmental and civil engineering, and engineering management. Agenda Item No. 16F7 April 12, 2005 Page 4 of 6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Collier County Board of County Commissioners enthusiastically supports enactment into law proposed House Bill 817 and Senate Bill 1252 creating the Florida Gulf Coast University School of Engineering. THIS RESOLUTION ADOPTED this 12th day of April, after a motion, second and a majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Attest as to Chairman's signature only Fred Coyle, Chairman Approved as to form and Legal sufficiency: County Attorney .,.... Agenda Item No. 16F7 Apríl12,2005 Page 5 of 6 ~ ~'. '-1~ ~ ~K;'\ 0 o ~'f;q;, Florida Gulf Coast University SCHOOL OF ENGINEERING Executive Summary. So st Florida Is one of the fastest rowing economic ~~ID' . . With a new univers ha néd In 997, the region Is poised to stand with the rest of Florida in building a more diverse and viable economic base. Enterprise Florida states that Its goal is to provide a road map of key priorities needed to diversify Florida's economy for global competitiveness. The Enterprise Florida vision is for Florida to be "..a global leader in knowledge-based jobs, leadingwedge teChnology and competitive enterprises in the 21st century." The workforce foundation for success must include a range of technology programs that can drìve the knowfedge--based business growth of the region and the state. The academic link to insure this economic diversity in Southwest Florida is a School of Engineering at Florida Gulf Coast UnÎversity. Southwest Florida is the only major statistical metropolitan. Qrea InJ=1()rida.without a:1f '\Tvërsify engineering program. Florida plans to move itself toward a technolOgy ând research"infrastructufèttÎat prepares the stat~ to co'mpete In a rapidly evolving global economy. !L.tt)9.~o_lJtI1~t~ion. .is to become a contributing player in the statewide plan, it must have a university engineering Program. Otherwise. the region will be a stru9gliÎ1g DaêKWätër that is 'a drag, rather thin a positive impact, on the development of Florida's economic future. To insure a strong and more diverse Southwest Florida economy, a School of Engineering is being created at Florida Gulf Coast University. Started with a significant infusion of private funds, the engineering program would need state funds to supplement this extemal support. Steps Taken. _ 9n ~he basis of a study C2I'1'1,mi~~i~~J?Y_!h.~_Y.oi'lertlty President, itwas-'detemÙnédthat the regionneeded and would economically b~nefit from the development of an engineérlng progrãm~ -·Th.ãf-~~ªYTãentified several areas of undergraduate enginae.ring especially apPf9pd!!efor Southwest FIQ,rida. Among the!)e were Bioengineering, E"vÎro.nmental & CivilErigineering, ã'nd Eñgìrieerlng Management !!?m .:thiJ.~~al~!ltio.n, plans Ylttre'made tö' create a School of Engineering that would be Incu6ãtéa in the University's highly sµcce$$ful. technology-based College of Business. The three engineering disciplines would mesh In a cost ëfficient way with existing University programs in Biotechnology, Environmental Science, and Business. The plan for a School of Engineering was given initial funding through private donations from the Whitaker Foundation and the Ginn Corporation. These funds will provide for the construction of an engineering building once State matching funds are received. They have been requested in the 2005 appropriation through the Courtelis State University System Facility Enhancement Challenge Grant Program. Gel Wd£~=zø sæë L't ·..lew LL6cr't1$+ : '[]..I X\: .:I 6S +:> J..l+8 HIæ-.lAOr .d3è : Ir.œ.:I I I I I /, ~. . \ Agenda Item. No. 16F7 April 12, 2005 2 Page 6 of6 Challenge Remaining. The funds provided by private donors will get the basic framework and infrastructure in place to start an englneertng program at Florida Gulf Coast University. It is planned that the School would enroll 300 engineering majors by 2008~09. The remaining financial need is funding to sup'port faculty hiring for the initial years of the engineering program and to equip and operate the engineering facility. The cost of this staffing and support would be $2.2 million a year in state funds. Expenditure. The $2.2 million in recurring funds would provide for an initial hiring of three lead faculty early in academic year 2005-06, an additional ten faculty later in the same academic year, and build-out and operating costs for the new engineering building. This funding would serve as a financial foundation to get the School of Engineering started and move it into position to have its future growth sustaIned by tuition and state enrollment funding after the 2009-10 academic year. For a new and emerging public university, 'these Initial state funds are critical. Florida Gulf Coast University has been a start-up success story known around the United States. However, we do not yet have the economies of scale for a new program that would be found at an older and much larger university. Reaults. The value returned to the state and the region would represent 8 tremendous return on investment. For a reasonable cost in recurring funds, a new engine In the state's move toward a knowledge-based workforce will have been created. Nearly 100 additional new engineers, with skills vital to the state's economic future, will be entering the workforce every year In Southwest Florida. The ability to move the region's economy from a volatile foundation of tourism and agriculture to a knowledge and technology-based eoonomy will be immeasurably strengthened. This region also inetudes two counties that have been targeted by the Governor as Rural Areas of Critical Economic Concern, Glades and Hendry Counties. WIth a School of Engineering, all five counties in Southwest Florida will be able to contribute in significant ways as a meaningful partner In the economic future of Florida. Summary. The economic development leaders of Southwest Florida are striving to diversify the area economy in concert with the goals of the state's economic policies, as shaped by Enterprise Florida. Florida Gulf Coast Unlv~rsity has worked in partnership with the region's business community to close a missing link in the University's academic program offerings. That missing link is a School of Engineering. An engineering program will enable the region to develop the knowledge and technology workforce Southwest FIor da must have to participate in the Florida economy planned for the 21st CenturyJThrough generous support from private Individuals, the University has secured sufficient funding to create the beginning foundation for an engineering program. With additional, recurring funds from the state, the University can ope rationalize an engineering program that can become self-sustaining by 2009. The funding sought for this engIneering start-up is $2.2 million In reoun'\ng state funds In 2005-06. 2 £d WdVG:æ sæG L't ·~ew LL69- tG6+: 'CJ-I X1d.:l 6S :¡'::IJ~:¡'SJCI9WJr 'c:aI: J.œ.¡: Agenda Item No. 16F8 April 12, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to Adopt a Resolution Opposing Enactment into Law Proposed House Bill 1565, allowing Municipalities to be Granted a Certificate of Public Convenience and Necessity (COPCN) without Meeting the Requirements as Provided for in County Ordinance 2004-12 OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution to express opposition to House Bill 1565. CONSIDERATION: Currently the Board of County Commissioner operates pursuant to Florida Statute 401 and Collier County Ordinance 2004-12. Florida Statute 40 1.25(6) provides that "The governing body of each county may adopt ordinances that provide reasonable standards for certificates of public convenience and necessity for basic or advanced life support services and air ambulance services. In developing standards for certificates of public convenience and necessity, the governing body of each county must consider state guidelines, recommendations of the local or regional trauma agency created under Chapter 395, and the recommendations of municipalities within its jurisdiction". In keeping with this statute, Collier County adopted Collier County Ordinance 2004-12, which established uniform county-wide standards for certification of ambulance or advanced life support services or operations by promulgating complete and clear rules and regulations for operation of all ambulance or rescue companies or __ services in Collier County thereby providing for and ensuring the protection of the health, safety and welfare of the County's residents and visitors. House Bill 1565, if enacted, would eliminate a municipality from needing to meet the requirements stipulated in County Ordinance 2004-12 and could have a potentially detrimental effect on the current countywide coordinated delivery of emergency medical services. House Bill 1565 proposed Section 401.49, Florida Statutes, does not take into account the extent to which a proposed service is needed to improve the overall Emergency Medical Services capabilities of the County, the effect of a proposed service on the quality and cost of the service, the effect on the personnel of existing services, the availability of sufficient qualified personnel in the local area to adequately cover the proposed service area, and is not in the public interest. FISCAL IMPACT: This Resolution will have no direct fiscal impact, however, if the proposed Bills are enacted into law, the Fiscal Impact to the Collier County Emergency Medical Services Department will be significant. Assuming the City of Naples and Marco Island are both granted COPCNs, the ad valorem tax burden, which was $8,121,900 in FY 04, would be shifted from the General Fund (00 I) to the MSTD General fund (111), a significantly smaller tax base. Lost revenue from ambulance fees is estimated to be $1,757,400. The decrease in expenses from the elimination of 2 EMS units is estimated to be $700,000. This would make the ad valorem tax burden of the MSTD General Fund an estimated $9,179,300, requiring over a 40% increase in the millage rate. Additionally, $80,800 in EMS impact fee revenue would be lost annually. ,....-.. ..-...__........6._., " ·....-. ..-- - . . .._._.._"..,.,'"."......'.""',.,~ Agenda Item No. 16FB April 12, 2005 Page 2 of 4 GROWm MANAGEMENT IMPACT: This Resolution will have no direct impact on growth management. However, if the proposed legislation is enacted and should the City of Naples and City of Marco Island decide to provide their own transport services, this would conceivably eliminate the need for additional growth units for the next two years. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution to express opposition to enactment of proposed House Bill 1565, and direct staff to deliver a copy of this Resolution to the Florida Association of Counties and to each member of Collier County's Local Legislative Delegation. Prepared by: Jeff Page, Chief Collier County EMS Agenda Item No. 16F8 April 12. 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F8 Meeting Date Recommendation to Adopt a Resolution Opposing Enactment into Law Proposed House Bill 1565, allowing Municipalities to be Granted a Certificate of Public Convenience and Necessity (COPCN) without Meeting the Requirements as Provided for in County Ordinance 2004-12. 411212005 9: 00:00 AM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 312912005 3:42 PM Approved By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 3129/2005 3:58 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 3/29120054:26 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Offíce of Management & Budget 313012005 3:28 PM Approved By Gary A, Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 41112005 1 :45 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 415/200510:30 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 415120057:43 PM RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW PROPOSED FLORIDA HOUSE BILL 1565, WHICH WOULD REQUIRE THE BOARD OF COUNTY COMMISSIONERS TO ISSUE A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO ANY MUNICIPALITY THAT APPLIES FOR SUCH A CERTIFICATE TO PROVIDE ADVANCED LIFE SUPPORT TRANSPORT OR NONTRANSPORT EMERGENCY MEDICAL SERVICES. Agenda Item No. 16F8 April 12, 2005 Page 4 of 4 WHEREAS, Florida Statute §401.25(6) provides that ''The governing body of each county may adopt ordinances that provide reasonable standards for certificates of public convenience and necessity for basic or advanced life support services and air ambulance services. In developing standards for certificates of public convenience and necessity, the governing body of each county must consider state guidelines, recommendations of the local or regional trauma agency created under chapter 395, and the recommendations of municipalities within its jurisdiction;" and WHEREAS, in keeping with this statute, Collier County adopted Collier County Ordinance 2004-12, which established unifonn county-wide standards for certification of ambulance or advanced life support or services, or operations by promulgating complete and clear rules and regulations for operation of all ambulance or rescue companies or services in Collier County, thereby providing for and ensuring protection of the health, safety, and welfare of all the residents and visitors of Collier County; and WHEREAS, the proposed !egislation, if enacted, would eliminate a municipality from needing to meet the requirements stipulated in County Ordinance 2004-12; and WHEREAS, enactment of this legislation could have a potentially detrimental effect in the current countywide coordinated delivery of emergency medical services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida strenuously opposes enactment into law proposed Florida House Bill 1565 because proposed Section 401.49, Florida Statutes does not take into account: (A) the extent to which a proposed service is needed to improve the overall Emergency Medical Services capabilities of the County; (B) the effect of a proposed service, on existing services with respect to quality of service and cost of the service; (C) the effect of a proposed service on personnel of existing services and the availability of sufficient qualified personnel in the local area to adequately cover the proposed service area; and (D) is not otherwise in the public interest. 2. The Board of County Commissioners of Collier County, florida, requests that its Local Legislative Delegation advocate that the proposed Bill !lQI be enacted into law unless and until the County's concerns are cured. THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this _ day of April, 2005. A 1TEST: DWIGHT E. BROCK, CLERK ".. BOARD OF COUNTY COMMISSIONERS COµJER COUNTY, FLORIDA By: By: . Deputy Clerk FRED W. COYLE, Chainnan legal sufficiency: Agenda Item No. 16G1 April 12, 2005 Page 1 of 2 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of April 12, 2005 Bayshore-Gateway CRA (187) Budget Amendment #05-270 Ot>eratÍ1l2 Expenses Temporary Labor $7,200 Reserves Reserve for Contingency ($7,200) -0- Total Explanation: A temporary employee was hired to run the Bayshore CRA office while the CRA Advisory Board searches for a new Executive Director. The CRA Board is requesting that the temporary employment agreement be extended during the new CRA Director's transition period allowing time to detennine CRA staffmg needs. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB -'" /""-,.. Page 1 of 1 Agenda Item No. 16G1 April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16G1 Recommendation to extend the temporary employee agreement during the new C RA Director's transition period allowing time to determine CRA staffing needs. Meeting Date 4112120059:00:00 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 31311200510:31 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3131/200510:39 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/31120056:39 PM Agenda Item No. 16H 1 April 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public pwpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has detennined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public pwpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: Commissioner Coletta requests Board approval for payment to attend Collier County Medical Society's Annual Dinner Meeting as a valid public pwpose where there will be installation of officers for 2005-2006 and recognition of volunteer physicians. It will take place at the Naples Bath and Tennis Club with guest speaker Dr. Dennis Agliano, President of the Florida Medical Association. PUBLIC PURPOSE: Commissioner Coletta is seeking this payment as a valid public pwpose to allow him to represent District 5 and to stay abreast of current health issues and contacts. DATE OF FUNCTIONIEVENT: May 7,2005 FISCAL IMPACT: $50.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner JIm Coletta to attend function serving a valid public pwpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: April 12, 2005 ---. Item Number Item Summary Meeting Date Agenda Item No. 16H1 April 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 Commissioner Coletta requests the Board's approval for payment to attend Collier County Medical Society's Annual Dinner Meeting as a valid public purpose where there will be installation of officers for 2005-2006 and recognition of volunteer physicians. It will take place at the Naples Bath and Tennis Club with guest speaker Dr. Dennis Agliano, President of the Florida Medical Association Commissioner Coletta is seeking this payment as a valid public purpose to allow him to represent District 5 and to stay abreast of current health issues and contacts; $50.00 to be paid out of Commissioner Coletta's travel budget. 4/12/20059:0000 AM Prepared By Date Nancy Rosiak Board of County Commissioners Executive Aide to the BCC 3/23/2005 2:00:06 PM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 3/23/2005 3:03 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/28/20053:06 PM -- --. - 8~~\~R.CO~~ ~I .1II1S7fi' ,~ ... ~ A- d!. SOC\~ ---- ':::I~ "<:;;111 ,~v. rvn April 12,2004 Page 3 of 3 Co{Eier County :JvLeÆca{ Society Cortliaffy invites you to attend the }Innua[ (])inner :JvLeeting lnsta{fation of Officers 2005-2006 and ~cognition of %{unteer œliysicians Saturday, :May ~ 2005 6:30pm - 9:00 p.m. at tlie Jiapfes Œatli and 7énnis C{u6 quest Speaksr (j)r. q)ennis Ag{iano {}lresident Pforida 9dedica{ ;Association We wefcome your spouse or guest œfease Cß.5W 6y Wednesdåy, ;May 4, 2005 (;one - 435-7727 <Fa.:{. 435-7790 P.maif: injo@ccmsonfine.org tArt 31~vlo{ ~ Agenda Item No. 16H2 April 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTION/EVENT: EDC Membership Mixer celebrating Gates McVey's loth Anniversary @ 12810 Tamiami Trail North ",.,.-..-...." PUBLIC PURPOSE: Interact with members of the Economic Development Council, business and community leaders, and constituents. DATE OF FUNCTIONIEVENT: April 19, 2005 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: April 12, 2005 ,-... Item Number Item Summary Meeting Date Agenda Item No. 16H2 April 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H2 Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Halas to attend the Economic Development Council's Membership Mixer in honor of Gates McVey's 10th anniversary. Event to be held at 12810 Tamiami Trail North on April 19, 2005; $15.00 to be paid from Commissioner Halas' travel Budget. 4/12/2005 900:00 AM Prepared By Date Trisha McPherson Board of County Commissioners Executive Aide to the BCC 4/5/200511:15:31 AM Bce Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 4/5/200511:18 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/5/2005 7:03 PM ",-._-'-^-"'-- Agenda Item No. 16H2 April 12, 2004 Page 3 of 3 .'. " ! '~i':;,,::,;' '.'/<.'..........-.......',. ....:... .',:.- , ...... ,'-',' ""c _ " I" > -:'i:, -'.t:. ,-' ,'.';', .~;,_-: ~:~:.'\:,..._ ,-<"",:-~<: Y". TUESDAY, APRIL 19, 2005 5:00 PM - 8:00 PM GATES MCVEY ;'~'.'-', ",.c. __,.' ',.:':." ".,.',-,'J:. . _ "".:",'," ~~"'?~~~~~J04.' . !\JP"'1!i~;W)ZØ3~9ß9 FaX~) 26:3.m-: ; , cwWy.-~~sFlorida.øfT! Gates McVey is celebrating their 10 year Anniversary by hosting a Membership Mixer at Gates McVey's Corporate Office: 12810 TAMIAMI TRAIL NORTH NAPLES, FL 34110 ON TUESDAY, APRIL 19,2005 5:00 PM - 8:00 PM ~~~ We invite you to join us to celebrate with Gates McVey! A decade of excellence in building business partnerships throughout Southwest Florida. Complimentary hors d' oeuvres and refreshments will be served. Please RSVP by Complete this form and return it by Friday, April 15, 2005 c..t)~ \~ $ \ 15.ÒÒPtAf^'· ~~\o : ~ \'A.e\l~ TO: Economic Development Council of Collier County 3050 Horseshoe Drive North, Suite 120 Naples, FL 34104 Phone: (239) 263-8989 Fax: (239) 263-6021 Name (s) of Attendees: GOM~\SSIDt-..)£R. ~RAN~ \-\ALAS Company Name: ~OLL' E-~ C.Ö0N'\'-( Gð\,}~MfjJ1 Phone: Îî'4-~C\1 EDC Benefactor Investor: Wachovia --_._-~------ --_.---------------- Agenda Item No. 16H3 April 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTIONIEVENT: Grater Naples Chamber of Commerce Business After Five at KIA of Naples, 1472 Airport Road South -" PUBLIC PURPOSE: Interact with members of the Grater Naples Chamber of Commerce, Business and Community leaders, and constituents. DATE OF FUNCTIONIEVENT: April 21, 2005 FISCAL IMPACT: $5.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: April 12, 20005 J~~'~. Item Number Item Summary Meeting Date Agenda Item No. 16H3 April 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H3 Commissioner Halas requests Board approval for reimbursement to attend a function serving a valid public purpose. Commissioner to attend The Greater Naples Chamber of Commerce Business After Five at KIA of Naples. 1472 Airport Road, on April 21,2005; $5.00 to be reimbursed from Commissioner Halas' travel budget. 4112/20059:0000 AM Prepared By Date Trisha McPherson Board of County Commissioners Executive Aide to the BCC 4/5/200511:21:39 AM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 41512005 11 :26 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4151200512:52 PM ._-.-,-_.- From: Naples Area Chamber 1-941-Z62-n45 To: Dab!: 3/29/05 l1me: S:12:04AM Pagelof1 I--~-----~~------------------------------------------ I I I , I I I I W 12 ra B I- 0 .... :z .8 E ... ::I c: ... Z ( ) 3: 12 01 <C 2390 Tamiami Trail North #210 uj 111 0 Naples. FL 34103 I- a> ;t;: Phone: f,239)262-6376 Z en ¥ W 0 Fax: (239) 262-8374 :æ 0 "WWN.napleschamber.org >- ::J <C IV o..('tf .~ ...... I-G)' "'- ~ ~E a> IV UJ O('tf X > I!! :t:c ItI 0 W (,) a. BUSINESS AFTER FIVE 1--0 In E In IV 3:æ 5 « i5 Q:: Thursday - April 21st 2006 cnc Z.2 6:30 PM to 7:30 PM 01V 0 0 - .... ~]l ~ Hors d' oeuvres ~~ .8 -a "Spirits" for a nominal feel w... E ep cn~ ep .c: ::¡: ~ wm "t:I a::E .~ cu &..¡ JJ..,t.J -' S,-.-I ~I LO('tf ~ 0 Oc ll. 0 °UJ N_ 10 - a> Eß .r:. > õ:öJ N~ _c . ¡:: a> r Q.UJ IV «f .~ ~a. m .QCI) ...... c: .... ep - c= UJ CI) ('tf () ~ E>- a. a- ep Located at: ~"i:: Ct:: ('tf 10 t<) 1472 Airport Rd. South o..Æ .r:.(,) 732-8910 ¡:§ {,)Q. r-IV ~>- $5 Pre-Paid Members (,)a> ì§ Zen Ct::-I .c: ll.Q:: ~~ $10 at the Door øgf Il. wû5 Cl)ã: ~d ~f2 Prepaid registrations must be .r:. -:2 - 00 -I received by noon on April 21 2005 -w to: 0 a... t""""\ ~I- =r!C 00.. \f) 3:: lOW ~;:: r ..0(,) I ~o '1 . I '--;::ro I ....<C ~ , 0 1"""'\..,.., · u ¡Q I 0> .2 '"""' I ïu c: ~ c::S I E 'g .~ I Q) I <!E · CI) ~ ...... t"""\ I rn ':1~ ~ ~ I Q I 10 .... _1:> Q) 1: -a RECEIVED I a> Q) UJ , ë: ~ ~~ ~ -:) -< , I ep<-J , :J MAR 2 9 2005 I Z a::: I I I · , Board of County Commll8lonens , , ~---------------------------------------------------. FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 12, 2005 Agenda Item No. 1611 A April 12, 2005 Page 1 of 2 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1. Conservation Collier Land Acquisition Advisory Committee - Agenda for March 14,2005. 2. Radio Road Beautification M.S.T.U. Agenda for March 15,2005; Minutes of February 15, 2005. 3. 4. 5. ,,"'- ' 6. 7. 8. 9. 10. 11. 12. 13. 14. B. Other: "..". Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for March 16,2005; Minutes of February 16,2005. Lely Golf Estates Beautification M.S.T.U. - Agenda for March 17,2005; Minutes of February 17,2005. Pelican Bay Services Committee - Budget Sub-Committee - Agenda for March 16,2005; Minutes of February 16,2005. Historic and Archaeological Preservation Board - Agenda for March 16, 2005; Minutes of January 19,2005. Parks and Recreation Advisory Board - Agenda for March 16, 2005; Minutes of February 16,2005. Development Services Advisory Committee - Agenda for March 2, 2005; Minutes of March 2, 2005. Lake Trafford Task Force - Minutes of January 11, 2005. Collier County Planning Commission - Agenda for March 17, 2005. Collier County Contractor's Licensing Board - Notice of canceled meeting for June 15,2005. Bayshore Beautification M.S.T.U.- Minutes of February 22,2005. Forest Lakes Roadway and Drainage M.S.T.U. - Minutes of February 23, 2005 Workshop. Productivity Cotmnittee Meeting Minutes - Minutes for February 16, 2005. H:Data/Fonnat 1) Caribbean Gardens Blue Ribbon Committee - Minutes for February 10, 2005. Agenda Item No. 1611 A April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 1611 Miscellaneous Items to File for Record with Action as Directed. 4/12/20059:00:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 3/25/2005 11 ;25:50 AM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 3/25/200511:28 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/28/2005 11 ;59 AM ..~"",.,-_._' .."----""'-~- Agenda Item No. 16J1 April 12, 2005 Page 1 of 4 EXECUTIVE S'DMMARY ......-.- RECOMMEND THAT THE BOARD OF COUN'l'Y COHM:ISS:IONERS ENDORSE 'l'BE UN:ITED STATES DEPAR'l"MEN'l' OF .roST:ICE AND maTED STA'l'ES DEPAR"ftIEN'l' OF '1'HE TREASURY FEDERAL EQU:ITABLE SHAR:ING AGREEMENT VAL:ID THROUGH SEPTEMBER 30, 2008. ------------------------------------------------------------------- OBJECT:IVE: To have the Collier County Commission endorse the United States Department of Justice and United States Department of the Treasury Federal Equitable Sharing Agreement valid through September 30, 2008. CONS:IDERAT:ION: The Collier County Sheriff's Office participates in joint investigations in which the Sheriff's Office works with the United States Department of Justice and the united States Department of the Treasury to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution those results in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. A Federal Equitable Sharing Agreement is required every three years. The head of the law enforcement agency and the head of the governing body must sign the agreement. The Federal Equitable Sharing Agreement, valid through September 30, 2008 needs to be signed by the Chairman of the Board of County Commissioners. F:ISCAL :IMPACT: Requested equitable share revenues will be accounted for separately in the Sheriff's Office. Funds will be used to supplement and not supplant Sheriff's Office law enforcement purposes. The fiscal year in which the revenues will be received depends on when a case is closed. Total revenues to be received cannot be determined until cases are closed. - GROWTH :IMPACT: management. Approval of this item will have no impact on growth RECOMMENDAT:ION: That the Board of County Commissioners endorse the United States Department of Justice and United States Department of the Treasury Federal Equitable Sharing Agreement valid through September 30, 2008. PREPARED BY: APPROVED B DA'1'E : March 18. 2005 ---. ·.....:.\.. . . " / " , IIV AU D THRU SEPTEMBER 30, 2005" Federal Equitable Sharing Agreement Agenda Item No. 16J1 April 12, 2005 P .,4 o Police Department o Prosecutor's Office ~ Sheriff's OfficelDepartment o Other o Check if New Participant o Task Force \ Law Enforcement Agency: Collier County Sheriffs Office Contact Person: Danny Sbryver. Esq. E-mail Address: legall@coUiersheriff.org Mailing Address: 3301 Tamiami Trail East. Building 1-1 (SIroet) Naples (City) Florida (Stale) 34112 (Zip Code) Telephone Number: ( 239 ) 793-9292 Fax Number: (~793-9195 Agency Fiscal Year Ends on: September 30 (MonlbIDay) NCIC/ORllTracking No.: FL01100 This Federal Equitable Sharing Agreement entered into among (1) the Federal Government. (2) the above-stated law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use offederally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably-shared with participating law enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. 1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines. U.S. Department of Justice! ACA Program 10th and Constitution Avenue, NW Criminal Division! AFMLS Bond Building, Tenth Floor Washington, DC 20530 E-mail address: afmls.acaía1usdoi.20v Fax: (202) 616-1344 2. Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. Receipt of the signed øgree",ent is ø prerequisite to recei'l'ing 111IY equitllbly-shllred CllSh, property, or proceeds. Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Street, NW, Suite 700 Washington, DC 20220 E-mail address: treas.acara>.teoaf.treas.2ov Fax: (202) 622-9610 3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing request (either a DAG-71 or a TDF 92-22.46) submitted by the requesting agency. 4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other law enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. Iftbere is no agreement on file, the undersigned law enforcement agency ",ust obtain one from the receiving agency, and forward it to the Department of Justice and the Department of the Treasury as in item 1. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report. 1 Attach list of member agencies with their addresses and indicate lead agency. M;uch ;:002 Agenda Item No. 16J1 April 12, 2005 . Page 3 of 4 S. Internal Controls. The parties agree to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds &om state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account. The parties agree that such accounting wiJ] be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in the cll1Tent edition of the Deparbnent of Justice's A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharingfor Foreign Countries and Federal, State, and Local Law Enforcement Agencies (l'reasury Guide). The accounting of shared funds must be submitted in the fonnat shown on the Annual Certification Report contained in both the Justice and Treasury Guides. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds or property. 6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department of Justice and the Department of the Treasury (at the addresses shown in item I) and a copy to the U.S. Attorney in the district in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from the respective departments or as outlined in the Justice or Treasury Guides. Receipt o/the certificlltüm report is II prerequisite to receiving any equitably-shllred cash, property, or proceeds. 7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. 8a. During the past 3 years, has your agency been found In violation of, or entered Into a settlement agreement pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency? aVes ~ No (If you answered yes, attach relevant infonnation. See instructions.) 8b. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? ~Ves aNa (If you answered yes, attach relevant infonnation. See instructions.) The undenigned certifY that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of ]972 (20 V.S.C. § ]681 et seq.). Section S04 of the Rehabilitation Act of1973 (29 V.S.C. § 794), and the Age Discrimination Act of1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federa)]y assisted program or activity, or on the basis of sex in any federally assisted education program or activity. Under penalty of perjury, the undersigned officials certifY that the recipient state or ]ocallaw enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for Asset Forfeiture. Don Hunter ';/;'/05 I I Dale . ed Representative Fred W. Coyle Name (Prinl or Type) Governiug Body Head or Authorized Reptesentative Dale (Signalurc) Sheriff Title (Prinl or Type) Chairman, Collier County Board of County Commissioners Tille (Prinl or Type) Th~l'lif"bject 10 the Freedom oflnformalion Act and may be released under S U.S.C. § SS2. See ~ UsdoÎ}\W'"!.,V"'18J¡Jm1 for additional forms. .ñ.pprOVe4 as to tort!l c;: . JJWJm....... 1bW'\ g.~ - BY: ,,........-. CoøtJ ÞotaIJ I\'arch ZC02 Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No. 16J1 April 12, 2005 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J1 Recommendation that the Board of County Commissioners endorse the United States Department of Justice and United States Department of the Treasury Federal Equitable Sharing Agreement valid through September 30, 2008 4/12/20059:0000 AM Management & Budget Director Date Office of Management & Budget 3/25/200512:06 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/30/2005 8:36 PM ~.---_._'"'..- ------ Agenda Item No. 16J2 April 12, 2005 Page 1 of 2 - EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a detennination whether the purchase orders opened from March 5, 2005 through March 18, 2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period March 5, 2005 through March 18,2005. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. ,-. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact related to this item. RECOMMENDA TION: That the Board of County Commissioners make a detennination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: ~uC Date: ~jp¡Io) Constance C. Murray General/?pjations Manager Reviewed and Approved By: D ek M. Johnssen eneral Accounting Manager Date: 3/2'1/1(,'4,;- ~. Item Number Item Summary Meeting Date Approved By Michael Smykowskl County Manager's Office Agenda Item No. 16J2 April 12, 2005 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J2 Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders dated March 5, 2005 to March 18, 2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida. 4/12/20059:00:00 AM Management & Budget Director Date Office of Management & Budget 3/29/20054:30 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/29/2005 6:54 PM -._,--....__._...~ Agenda Item No. 16J3 April 12,2005 Page 1 of 4 ,.....-.., EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S 2005/2006 EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT, AND SHERIFF'S OFFICE STAFF AS GRANT PROGRAM AND FINANCIAL MANAGERS AND POINT-OF-CONTACT FOR FDLE'S NEW GRANT MANAGEMENT SYSTEM. OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application for the 2005/2006 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the official applicant, Sheriff's Office staff as grant program and financial managers and point-of contact for FDLE's new grant management system. .,...-......... CONSIDERATIONS: 1. The Collier County Commission has participated in Edward Byrne Memorial programs for 16 years. 2. Collier County Programs have proven to be valuable projects. 3. The Florida Department of Law Enforcement has allocated $173,626 for State fiscal year 2006 Collier County grants. 4. The Sheriffs Office will seek 17th year Edward Byrne Memorial continuing grants for two authorized grant program areas including Juvenile Intensive Supervision and Child Abuse. Funds will support payroll costs for one continuing grant position for each grant. These grant funds are considered seed money by the grantor. 5. When the grant funding expires, the grantor expects, but does not require, a successful program to be continued. The Juvenile Intensive Supervision position will come off the grant in 2008 at a projected cost of $95,100. The Clùld Abuse position will come off of the grant in 2009 at a projected cost of$112,800. 6. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, approve the Sheriff as the chief official applicant, the CCSO Finance Director as the grants' chief financial manager, and the CCSO Grant Coordinator as the grants' contact person; approve Sheriff s Office grant applications for 2005/2006; to authorize acceptance of awards and associated budget amendments. FISCAL IMP ACT: None. No required match. GROWTH MANAGEMENT: Approval of this item will have no impact on growth management. RECOMMENDA nON: That the Collier County Commission agrees to be the local coordinating unit of government, approve the Sheriff as the official applicant, grant program and financial manager, and authorize the Board Chairman to execute the Certification of Participation for seventeenth year funding, approve the Sheriffs Office grant applications for fiscal year 2005/2006, authorize acceptance of awards, and approve associated budget amendments. ...-' Agenda Item No. 16J3 April 12, 2005 Page 2 of 4 PREPARED BY: APPROVED BY: ~I' Carol G. Golightly, F n ce D' ct r APPROVE DATE: March 29. 2005 ---- - CERTIFICATE OF PARTICIPATION Agenda Item No. 16J3 April 12, 2005 Page 3 ðf 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: April 12, 2005 Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts 2L- Declines _ the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application{s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Title: Joyce Houran Grants Coordinator E-mail address:grants@colliersheriff.net Agency: ("'.oIlier County Sheriff I s Office Address: 3301 Tamiami Trail East, Bldq. J-l, Naples, Fl. 34112 T eJephone: 239-793-9346 Date: A.pril 12, 2005 County: Collier Sincerely, Chair, Board of County Commissioners Fred W. Coyle AftIS! D1II8IIt I. ... OLBIK ..~:::1t~~: ".a a \at CoutJ AUorDey BY: Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J3 Agenda Item No. 16J3 April 12. 2005 Page 4 of 4 Recommendation that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's 2005/2006 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the Official Applicant, and Sheriffs office staff as Grant Program and Financial Managers and Point-of-Contact for FDLE's New Grant Management System. 4/12/20059:00:00 AM Management & Budget Director Office of Management & Budget Date 4/4/20053:18 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/4/2005 8:36 PM ,«..__.~.- ..___"u.- Agenda Item No, 16K1 April 12, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to compromise and release a code enforcement Hen for payment of $26,613.20 in the lawsuit styled Collier County v. Anthony J. VIUYIIIO, Case No. 04- 5901-CA. OBJECTIVE: That the Board of County Commissioners approve the compromise of a code enforcement lien for the sum of $26,613 .20, and authorize execution and recording of its release upon recejpt of payment and dismissal of the lien foreclosure action entitled Collier County v. Anthony J. Varano, Case No. 04-5901-CA CONSIDERATIONS: This case originated &om a separate code enforcement proceeding against property owned by Varano in CEB Case No. 97-029. On June 24, 2003, the Board approved a Settlement Agreement with Varano which provided, among many things, that upon the abatement of the violation on the subject property, Varano would pay the County $25,000 and the County would thereafter release its lien. This agreement was tenninated by the Board on July 27, 2004, after finding that Varano had failed to abate the violation and was therefore in breach of the agreement. The property has been brought into compliance and is currently under contract for sale. A copy of the contmct is attached hereto. Varano has offered to pay the County all costs incurred since entering into the Agreement in addition to the $25,000, originally agreed upon, for a total sum of $26,613.20, in exchange for release of the lien. The funds have been paid by the contract purchaser and are being held in escrow by the title agent until this Board considers this item. See the attached letter &om Action Title confinning receipt of funds. If approved by the Board, the County Attorney's Office will provide the title agent with an estoppel letter for the pay-off amount, and the funds will immediately be released to the County. Upon receipt of those funds, the County will execute and record the Release of Lien. As a further condition of the foregoing, Varano has agreed to stipulate to the dismissal of the lawsuit, with each party bearing its own attorney's fees and costs. A copy of the stipulation is attached but will be executed by the Assistant County Attorney if this item is approved. The fine in this case has been accruing since February 2, 1998, at $250 per day and totals over $585,000. The full lien amotmt can not be recovered by the Comty through a successful foreclosme due to the fact that the lien far exceeds the value of the property. Notwithstanding the compromise of a substantial portion of the fine described above, it is staff's recommendation that the Board approve the proposed compromise and release. In making this recommendation, staff has considered the costs to be incwred by the County through continued litigation, potential recovety (which includes the amount of recovety, likelihood of success, and the probability of continued litigation and ultimate recovery through a foreclosure proceeding and sale), the relative strengths and weaknesses of each party's c1aims, and policy concerns. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Payment to the County in the total amount of $26,613.20, to be deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. Agenda Item No, 16K1 April 12, 2005 Page 2 of 13 RECOMMENDATION: That the Board of County Commissioners: 1. Approve the proposed compromise of the code enforcement lien in the amount of $26,613.20, conditioned on receipt offunds within 48 hours of this approval; 2. Authorize the County Attorney's Office to prepare and provide an estoppel letter to the title agent; 3. Authorize the Chainnan to execute the Release of Lien upon verification of payment, and authorize staff to record the instrument; 4. Authorize the County Attorney's Office to execute the stipulation for dismissal and file with the Court upon execution and recording of release. PREPARED BY: Ellen T. Chadwel~ Assistant County Attorney 2 Agenda Item No, 16K1 April 12, 2005 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K1 Recommendation to compromise and release a code enforcement lien for $26,613,20 the lawsuit styled Collier County v. Anthony J. Varano, Case No. 04-5901-CA, 4/12/20059:00:00 AM Meeting Date Approved By Janet Powers Operations Manager Date Community Development & Environmental Services Code Enforcement 3f21/2005 11:34 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 3/21/200512:10 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 3/22/2005 11 :43 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/24f2005 8:40 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 3/25/2005 12:04 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/28/2005 6:01 PM <,..~~------_._~ ".~ 11 05 12:24p i L ommerclal Co_ , fLORIDA ASSOCIATION OF REALTORse Agenda Item No. 1~~ April 12, 2005 Page 4 of 13 ,., 1. PURCHASE ANC SALE: Da~ 'B Cuat.OJSI Sheet Metal. IDe. 2*: &gt8IS to buy ~d AD't.bODY J. Varano S" : IgAIN 10 88lI the property descrfbed .: Street Add,..:.o Street Addres., ..J:'a.~ ID 110. 4" ¡ 00250800005. 11* LegeJ Deecrtp1lon: h. Attaohea mxhibit "A" I'" iSuye"') ("s.ner') 7* and Ihe foIJowing Personal property: ee 8 , (all collectively referred tc as !he "Propertf) on the terma and conditions søt forth below. The "Effective Date- of thJI Contract 18 10 ¡ the date on whIch the list of the PartIH ligna the !MIlt offIr, Tim. I, of the ..enee In tIûI Connct. Time periods af 5 11 ,days or less wlti be computed wl1hout tncIudlng Saturday, SUnday, or natJonal legal hoJllilys and .,y time period ending on a 12: Saturday, Sunday or natfcnal legøl hOliday wlH be extJnåed unUI 5:00 p.m. of the next business day. 1"; 2. PURCHASE PRICE: 14"! (I) DepoaIt held In escrow by (b) AdcIltlonal deposit 10 be made within ActioD ~.it.l. $ $ $ $ 26.700.00 275.000.00 15~ days from ElTective Date 18*! (c) TataI mortgsges (88 Alferenced in Pngraph 3) 17*' (d) Other: $ tr; (.) Balanœ to close, subJeèt to IIdjtIstrnents and prorations, to be made wi." cash, Ioœly drawn $ 18 ¡ œrUfted or cashier's check or wire transfer. lD*i 3. THIRD PARTY FINANCING: Within deys from EfJeatIve Cite r'AppllœtIon Peootf'), Buy. wUl, It Buy.... expenss, apply for 21· i third party financing in the amount at $ or % or 1he purchase price to be amortized over a period of _ 22'": years and due in no leis !hilt years and wi!h a fixed inter88t rate not to exceed 0 % per year or variabJe interest rate not ZP' 1 to eøed [J % at origination with IJ IlfeUme cap not to exœed % fi'om initial rIte, with additional t8rms as follows: 24.1 lIS IBuyer will pay for the mortgagee IiIII losul1llC8 polley and for aJJ loan expenses. Buyer will Umely provide any and all aedi~' lIS ¡employment finandaJ and other Infonnalion reasonably required by any lender. Buy. will notify Seller inmedlately upon abtalnlng I I In" financi1g or being rejected by B lender. If BU)'~r. after dblgent effort. faIs to obtain a wrIU8n oommItment within _ days from 81 ~. Cite ("Financing Period"), Buyer may cancel the Contract by gMng prompt notice tD s.n.r II'Id Buyer" depoelf(a) wJlI be . ~med to Buyer in accordance with Pat'lgraph 9, 10- ~uyer~ { } and Seller t/lJV) (~ acknowledge receipt of a copy of tnls page, which Is page 1 of 5 Pages. 268.300.00 i ~2 018117 Fioñdl ",.celation DlIŒAL.TORS4Þ AU R~tl ~ ¡ ! : JIrcdJoed will ZpForm'" ¡". Re FonmNII. llC 11OZ5 J'VIHn MI'. Ro8d. CJi'ian Taw'" Mt:t1IøIrI41!C138. (IDO) 3113-91105 _.:&IpfoJm.oom "AI 'Ì""1I1 nD (loaolW..lld p.', Na,.... Jo'I. 3' IIIZ ......., (23t) ::11) . I3n VOl' 1m) 21' -1>Ð2 ! ""'~p'r.... Mar 11 05 12:24p Agenda Item No. 1eK1I April 12, 2005 Page 5 of 13 LI 1· 4. TITLE: SIller hIS the legal ceplClty to and will oonwy marketable Itl. to tn. PnIpefty by &II atltutory WBmIIty deed :þe C other , free of liens, eaaements and enaurnlnnoll of record or known to S....r. I *' bUt ú eot to property tac8I for the year of clollng; CCMlll8rlII, restrfotions and public udllty 11818t'nentl of record; BI1d (list any ~. other matters to which IitI8 will be subject) I t poo\1dod - .111 lit dooq¡ no - 01 the 1iI1tgD~ ,lid nono 01 Ihem ~ IIuyII'o 10_ ... 01 the proportr ~ ~ (at evidence of Title: StIlet will, at (check on.) CJ 81111... III Buyer'. upenø and w~hin.JL liIyt 1m from Effectlw Date .. 0 prior 10 CIoIing Date tJ from dati Buyer me. or waiv88 financing contingency in PlrIlJ'aph 3, deliver to Buyer (aheck one) ~ III. . lnIuranœ commitment by a Florida licensed title inlllllr and, upon Buyer recording !hi dlld, 81'1 owne~s poJicy in ~' the amount of the purchIH price for fee limple tIIIe IUbJect only tlexoøptiont støl8d above. 42" 0 In BÞltract of tille, pnlpared or brought current by In existing lbetr8ct IIrm or certl1lød 81 correct by an existing ftrm. ~ However, If such an aÞetract Is not available ID Seller, then a prJor owner'. Utls policy accepII1ble to !he propoeed Insurer as ~ 8 bile for røl8suMCe of coverage. The prior polcy will Include copies of all paIIoy exoeptlona and an update In a format ~ sœptllble to Buy.,. from the policy effective date and certified to Buy. or auy..... closing agent fDgether with copies of all ... doarnen1B recitl!ld In the prior poBcy end In the update. 47 (b) TItle ExamlnatJon: Buyer wll, within 15 days from receipt of the evidence of title delver wrtU:en notice to SiNer of tiffe .. defecll, 11118 will be deemed acceptable to 8uyer If (1) Buy.r falls to delver proper notice of defIct8 or (2) Buyer delivers proper .... wriUen noIIœ end SIller CUi'll the defects within 15 day. from r8C8lpt of the notice (IICUraUve Period'). If the defacts are ep cured wllh/n the CUrlflV8 Period, cIoIIng will OCCU' wttIJln 10 days from ,..t by BII1I1' of notiCe of .uch curtng. Siller may 81 elect not to CUIW defecIs If SIller reascnably believes any def8c!. cannot be cured within the Curative Period. If It'Ie defects are · not cUl'!d within the Curative PerIod. Buyer wit hIVe 10 days tom receipt of notice of SIll.... Inability to cure the defects to · elect whether to terminate this Conlracl or accept tille BUbject to exlaUng døfecl8 .,d close the trlntdon without reducllon in ... purchase price. The part¡ who pays for the evidence of 'tle will liiio pay related tille service fees Including tile IJ'Id abs1ract · charge.1IId UU. exaninatlon. __ " (0) SUrvey: (check applicable provlllons below) ,.. III Siller will, within 15 days from Effective Date, deliver to Buy.r copies of prior surveys, pjll1l, specifications. and Þ* englneeri'lg documents, If 8ny, an~ Ihe following documents relfJ\lllnt to this transaction: .. I:) po88IIIIon, which show 1111 currenUy exiating 8InJcturll. II· iI Buyer wUI, at tJ Selin III Buy"" .... .,d wl1hln !hit time period allowed to dIIl_ and examine tide evidence. . obtain a ourrent certllIed survey of the Property from a reglsterlcl IUMtyar. If the survey rlNells encroachments on Ute .. Property or Ibat the improvemenll encrøecl1 on the IandI of another, II Buyer will accept the Pmperty with exlsUng 8!"* encroachmenla 0 IUch encroachments will con81i1ute a tllte def'8ct \0 be and within the Curative Period, . (d) In,... or Eg.....: SeJler warranl8 that the Property preaenUy hBllngresa and, egress. .. (e) POUIIIlon: Sell... will delIver poll8SSlan end keys for IlllIockI and alanns to Buyer at closIng, ..' S. CLOSl~ DATE AND PROCEDURE: Thll transaction will be clœed in Col1ieJ:' County, Florid! on .. Of' before the April 11 ,2005 or wlthil _ dRys from Efectlw Date ("CJoalng Dalej, unless otherwise ext8llded lIP" herete. C Sell. 0 Buyw wW delignllt8 the closing agent. Buyer and ",. will, within dl" fmm effective Dale, deliver to ~ EIcrow Agent signld lnalructlons which· provide for closing procedure. If an Ntllullonal ·lender II providIng puroh8S8 funds, lender 7!\ requlnmlntl as to place, Ume of day, and cfosIn¡ ptoc:edUrII wlJl control OWl' 81'1'1 ccnlnlry provillcna of thiS Contrecl 72 (I) COlts: BU)'Ir will pay taxes and recording flea on notel, II'IQrtgagII and ftnlnclnllltatemenll end "oordIng fell for the deed, ~ S.IIer wUl pi)' toes on 1M deed and recording fees for dowments needed to oure title defeats. If 1eI1. fa oblgated to dlscltlrge 7~ any enculYØlnClIt 01' prior to doling and falls to do 80, Buyer may use purå1811 progeeda to IltIIfy It'Ie encumbranC81, 7~ (b) Documents: Selltr will provide the deed, bill of sale, mechanic', lien aflldllvJi alignment of 18_. \.IpdatBd rent rol" ~ tenant and lender es10ppel rettera. assignments of permits and llcen.... COITICtive Inlirumenll and letters notifying tenants of 7 the dI81ge in ownel'lhip/rent& agent If any IIIn.,t ""'HI to elClCUht an ellDppel letter, Seller wll oel1Ify that information regarding the tenanr. I... II correct, If SeN. Is I oorporaUan, S.lIer will dellyer a resolution of Its Bon of Dlreclors ~ luthOltZing the 1118 and delvery of the deed and certI\lclltlon by the corpoI1Ile 5ecretruy œrtffylng the resolution and letting forth facts showing the conveyance conforms wl1h the requlremen1s of local lew. Seller will transfer securlly deposita to BuYlr. Buyer . wtU proyjcfe !he clolÌng I1atemIlÚ, mortpgea II\d noles, HCUrI~ agreements and flnsncing statements. -. i. Buyer <D:..r2J ( ) and Seller 'Å'~tIJ ( ) acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. CC-2 011187 Florial AMoclatlon of REAL TORSe All RIa"" Reserved , prepared for SIller or In Sellets Praøug. wMh z pI'ørn'" 11)0 RE 1'liliiii"" u.c ,eaaa FIIIMn NUl ADIId, OIInlDn TDMIII'ip, MII:t1IgwJ 411085, 8CO) 3IHIDI _.~ .... ...rv", I I Mar 11 as 12:C!4p Agenda Item No, 111"* April 12, 2005 Page 6 of 13 (c) T_. Allllllllenœ. Prorations: The following i18mS will be mad. current and prol1llld IJ 81 of CIoIin9 DI r:J 88 of : real M.__, bond and -..rnent pII)1TIen1s IllUmed by Buyer, inlentl... rents. IIIOCIItIon us. Insurance pl'lfTiums øcceplablllEl Bur", Ql]lrII1ionøl experøs and . If the IIrIOUnt of taxes IWId IAIIImIntI for the current yew cannot be aecertIInld. ... tor the ptlYlOUI year wIll be UIId wKh due allowance Þeng made for fmprovemen18 Ø'ld exemptions, StileI' 18 aware of the following lII88II'T1enta al'rec1lng or potIntlllly 8ffecting the Propelt)': . Buytr will be I'llponølÞIe for ell 1888nmentB Q1' any kind which become cbI and owing on or after Effecllve Date, unless the impl'OV8mlr\l Is subatlnUally completed IS of Closing DatI. In which case Seller v.iU be obl\g8tlld to pay the entn asaesøment. (d) FIRPTA Tax W1thholdfng: The Foreign IIMIIIment in Reel Property Ad. rFIRPTA') ruquiresBuyer to withhold at closing a portion rl tie puroh_ proceeds for remllslcn to !he Inllmal Revenue Serv1c8 ('LRS.") if StU" It a "foreign person" 81 óeflled by the Inlllmal RtMnue Code, The perU.. agree to comply with the provIaIonl of ARPT A ami Ð provide, at or prior to closing, approprlBte docUmentation. to atablilh any IIPpßcaÞIe exemption from the wIlhholclng requirement. If withholding Is . required al'lCl Buyer does not haw cash sufficfent It cIo8lng to meet the wlthl10lclng I'tqUlremen~ Seller will provide the necessary funds and Buyer wiJl provide proof to Sell. !hat SUd1 funds W8f1 properly rerritted to the I.R.S. I r to ESCROW: Buyer end Seller authorize Action Ti U. Telephone: (23'>.262-2200 Faœlmlfe: Addr8u: 3'U3 7:..u.aa1 !!raU No:rlh .aDl... PI. 34103 to act . "Escrow Agenf lEI receiVe f\IIds .,d Other If8ms D, aubject to clennœ. diaburae them in acCOldence wilh the 1811'1\$ of this Contract. Escrow * Agent will depoa~ aU funds reoeNed in iii 8 non'¡nttAIst bearing escrow IOCOUnt [J an Interest beRg eeaow lCCOunt v.tIt1 Interest accruing ta with In..t cllsÞuraed (check one~ [J at dosing [J It Irltervals. If Escrow ..,t receives ccnftIcting demands or hll a good failh doubt as to Eecrow Agent's duUes or UBbfltløs under this Contract, heIahe may (a) hold the subject matter of lI1e escrow until the parties muwaly egree to iii dJebur88ment or until isswInœ of a court omer or decision of arbiIrator determining the partl88' I1ghtl regardi1g the IICIW or (b) depoelt !he subject matter of the 88CI'OW with the clerk of the circuit court having )lrI8dlctlan over the dlsputa Upon 1j07 nctifyng the parties of such action. EscIOw Agent wI~ be re-.ed from all IiabIIty aJCœpt for the duty ID arx:ount for Items " prevIOUsly clefivered cut of eselOw. If a 1œn88d l'1li estBlII brour, Escrow Agent will comply with applicable provislons of Chapter .. 475, Florida Sta1ufls. In any ault or arbiIrItIon in which Escrcw AQent Is made a p¡rty bec:aull of ~ .. agent hereunder or ~10 InlBrpleeds the subject matter of !he escrow, Escrow Agent will r800Yer r88101'1øble atÞneyl' fees and COsta at &II levels. with t11 1UCh.. snd COlts to be plid from the 8ICI'OW8d funds or equivalent and charged and IWII'ded 88 court or other costs In favor 112 or the prev&/Ung party. The peril.. agree that Escrow Agent will not be nllble to .,y person for misdelvery to Buy. or Seller of ~1t escrowed If8mI, unless the ni8d8llvery 1& due to E.crow Agenrs wDlful InIch of thra Contract or gross n~ce. ¡ 114 7. PROPERTY CONCrnON: S.II.. wi. deßver the Property to Buyer at the time agreed in Its preaent 'as Is' condition, ordinal, 111 W8lr aACI tear exœpted, and will maintain the landscaping and grouncls in 8 oompwable concllion. Seller makes no wlWI'Indlt ~1 othl!ll' Ih8n marketllbJlty of Utle. By scoepting !he property "as is", Buyer waives iii claims against SIIllr for any àefect1 In the 117 Property. (Check (I) or (b)) I,.. 11 {I~ M II: Buyer has In9pec:ted !he Property or wEÍY8S any rj¡lrt to inspect and accepts the Property In Its ". is' cond1öon. I. 0 (b) Ou. ClUgence Period: Buy.r wi., at Buyer'. expense end Withfn days from EtJectlve Dø ("Due DIligence Period"), 20 determine whIther the prqøty Is lIulCable, in Bay'" sole and absolute discretion, for BUy«'. inlllndld use and deltelopment of 121 the Property 18 specified In Paragraph 4. DUlIng the Due Diligence Period. Buy.. may conduct sny tests, analyses, surveys and 1ft inVEllligatlons ("Inspections") which Buyer deems necessary to determine to Buy..... 88dBfactim /he Prcperty's engineering, ~23 an::hJtectural, environmental properties; zoning BIId zoning reslrlctlonll; tlcod zone designation and IlIstrlclions; subdMsion ~24 regulllllons; 8011 and grade; sVllIeÞIMty of access to p..¡bIic road&, water. end other ull1llie6; oonllll8ncy wf1h Ioca~ s1ate and regional j21 growth manaeement and comprehensive land use plans; availability cI permits. government approvals and licenses; compliance wi1h 121 AmerIcan with DIIabln. Act absence of Blbestas, 8011 end ground water cantamlnallon: end other Inspections !he!. BLlYII' deems ~ appropriate to detennlne the lultab1l1ty of the Property of Buy"'" Intended UI8 ønd development Buy... IhSl deliver written nab 21 to Seller prior to the expir8fion of the Due Dllgence Plfiod of Buyer'. deIBrmlnation of whether 01' not the Property Js acceptable. 211 Buye.... faUure to comøIY with Ihia notice requirement shall constitute acceptance of the Property In its Pl'll8l1t "as is" condlUon. ao Stll.r grants to Buyer; 111 agenla, contractors and BlSlgns, the right to enter th& Property at any tine during the Due DlJlgence :11 Period for !he PUIpOSt of oonduotlng Inspections; provIcied. howeYer, thal Buyer, Its agenls, contracto~ and 888igns enlBr !he 31 Property and conduct InspecIions at their own risk. Buyer shaJl rndelmlfy and hold Sill., harmless from IOlles, damages, oos1s, sa claims and expenSI!8 of any nature, i1cU:t1g attorneys' feel at aU levels, and fram iabnRy 10 .,y person, arising from the ccnduct of 34 any Ø'lct all inspecllons or any wort authortzed by Bll tr. Buyer wll not engøge In any activity Ihat could result In II mechanic's 118n 311 being filed agaln,t the Property w~hout SeUtr'l prior written consent In the event this transaction does not close, (1) Buyer shaD 31 repair 8ft damag. to Ih8 fIroperty ruulthg from the InspectIonIl and return the Property to the condition It was In prior to conduct of ¡I? lI1e Inspections, Imd (2) Buyer 8h&l~ at Buy'" expønee, release to Selltr ., raparts and other work generated 88 a result of the :IS InsplCllons. Should auy... deliver timely natlce thlt the Property 18 not acœpIable, Siller agrees that Buy'" deposit ahall be . immtdlatllly returned to Buyer and the Contract ien'nlnalÐd. i~uy.. Th f) ) l , I,' ,... .. ....... OUI87 Florid. AIIOCIlUOn r:I REAL. TORS. AI RlIilIa RfII8IV8d . ! } end Seller c$JV> ( ) acknOWledge I8C8ipt of . copy of this page, which II page 3 of 5 PIIgIS. 1'toØuceII.1\h ~'cxm" Þr ftE 'arrnaN8t.1.lC 18Q25 FlflMn hilt R.... ~ TØIInIIfp, llllØII IrI480:J6, lIOO).ueos _.I~CDm lid..,..,.... (0) Walk-ChrDugh lnIpectIon: Buyer may, on thI cia)' prior to cloq or any other time rrutullly BQf888bJe to the parties, œncluct I flnBl -W8Ik-1hroughR inspection of !he Property to detørmlne compnll'tCe will this pngl'1lph and I%) ensure that ell Property Is on the premises. (d) DilcIOlu.: ,. Radon G..: Radon Is a naturally accllring radiDaçIve gall Iha~ when it has accumullliKl In 8 building In Iufflclent quantities, may present health rlakl to )II'IOn1 who are expClled to It over time, Levell of I'Idon thlt exceed flderai end state guidellna hIVe been found In bulldngs In Florida. AddItional Information regtl'dlng radon and nlcIon testi1g may be obIained from yo1M' county public "'e8lth unll 2. Energy Efftc:ltnCy: Buyer may haw cle*mlnld !he energy efticiency reUng of the building, If any is located on the Real 1'0 property. "t e. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will conanue to opel1lle 1he Property and any busÌ1eea tþ conducted on the Property in ltIe mannsr operated prior to Contraçt and will take no acIon that would ldveI'Iely Impact the 111a Property, .nants, 18nc1er1 or bulln..s, If any. My chang., SUCh II! lIn1fng vøcant 1P1C8. that materlaUy 8ffect the Pq erty or 1~ Buyer's Intended use of the Property wll be permltt8cl C only with Buyer'. consent C without Buyer's consent. 1~5 e. RETURN OF DEPOSIT: lkIless otherwl18 speclfted In the Contract, In the event any condition of Ills Contract Is not met MeS * Buyll' hee timely given lilY required nob regarding the condlti~ havi1g not been met, Buyer'1 deposlt will be returned In 'p IIICCOrdanoe with appl1œble RorIda taws and regul8llon8. '~ 10. DEFAULT: , (.) In the event the HIe is not clOHd due 10 any default or failure on 1M part of Seller other than failure to milks the title , mark_bIe alter dnlgent ef1brt, Buyer may IIlher (1) recetve 8 refund of &uy.r'1 depoatt(l) or (2) aeek specific performance. If , Buyer eIecIIa depoIIt refußd, 8IIItr will be IJltlIe ~ Brokei' for the fuI amount at the brokerage fee. 1. (b) In the event tile Iale Is not cIo8ed due to any default or failure on the part or Buye" alii.. may ellhlr (1) retain al dtpoBlt(s) ' Is pad or agreed to be paid by Buy.,. u Igeed upon 11q1Jid*d damages. coll5lderation fer the SJC8Cutlon of this Contract. and 1n 1 s4 fuQ sstIIement of any claims, upon which this Contract 1M~1 tennln8te or (2) leek specifIC performance, If &tiler 1'8talns the 1116 deposIt, Seller wßI pay the Ulting and Cooperetlng Brokers named In Paragraph 12 fifty percent of an t,)Jfelted deposits retained 1~6 by Siller (to be spilt equally lI'IIong 'the Brokn) up to th. fiJlI 8mOII\t of the broMrIge fee. _ '.7 11. ~TTORNEY'S FEES AND COSTS: In any clam or controversy arising out of or relating to this Contract, the pnwalJi1g party, ',þa which for purposes of this plOvisIon wUI i'lclude Buyer, SIll.. and Broker, will be 8W11'ded l'8IIonable attomeya' fees, C08t IIId III. expenses. Ir 12. BROKERS: Neither Suytr nor SI,ler has uUlized the setYÍC8S of, or fer any ok I1I8son owes compensation to, a lcensed 1r1 q estate Broker other than: 1V2" (I) Lilting Broker: W' A , 1vr who Is C an agent of [J. transllCtlon broker t:J I nonrepresentatiVe 1~4* and who wim be compenlated by 0 BIll.. [J Buy8f' C both p.-tlea plJniluant 10 D 8 listing agreement [J oUier {specify) 117&* n.. t !77" 'rr 1W ~~ ,.. ,~ 1..... i ' ; (collectively ref8rrad to . 'Broker") In connec60n wltfl øny aet relating to Ihe Property, includÍ'l$ but not UmllBd ID inquiries, IntroœJcIIons, consultations and negaUatIons ....ultlng In !hIs trll\lactlon. $eU., and Buyer agree to Indemnify and hold Broker 1 '7 harmre. from Ind Igalnet 10"'8, damlC/lS, COlts and ~ of ~y kind, i'lcludlng I'8aQnable atIDmey" fees It all 11....1 and 1/18 tom liability to any person, erlllng from (1) compenlatron cllirned which II Í'I11CI18Istltnt with the reprat8l"ltation In this Paragraph, (2) l' .Iforcement action to coIect B brokerage fee pursuant to PIngraph 10. (3) any duty accepted by Broker at the request of Buyer or hilII'. whIc:h duty II beyond the acope or eeMCØI ragulBled by Chapter 475, F.S.. as amended, or (4) reoommendltians of or serviœa 1 provided II1d expenll8llncurred by any IhIrd party whom Broker refer$, recommends or re1a1ns for or on behalf of Buyw or Siller. 13. A88IGNABIUTY; PERSONS BOUN~ This Contract may be Reigned to a related entity, and ot!1erwlle II Is not ønlgnable o ¡I 811ignable, The tel1Tll -Bu~r,· -8IIIIr" and RBroker" may be singular or plural. This Contract II blndfng upon Buy., Seller . and theJr heirs, personal rvpresent.llivts, 'UCC81101'8 .,d 'Islgns (If assignment 1& permItted). .:-. Buyer~ < } and Sln.r (/J:51A ( ) acknow!edge receipt of a copy of thll page, which Is page 4 of 5 Pages. CC-2 0' lag7 F1or1cII ANOCIIllan or fŒA~ TORSe All Rlllhtl ~ ~.~ 11 05 12:24p Agenda Item No, ~ April 12, 2005 Page 7 of 13 (Þ) Cooperltlng Brolclr: ,,( Ii who is 0 an ¡¡gent of ønd who wll be compena8tecl by [J Buyer cooperd1g broker C Dlher (Ipedfy) o a lnIn8actIon broker [J it nonreplllertlatl~ J:] SlIllr [J boIh paries pursuant to [J an MLS or other offer of compenaaton to a PnoIIwc>td \IIIIh ZIpForm" lit R£ FCIIIIIINeI, u..c tllll25 FIIIiMn Mi RoIcI, Clfttcn TownIhIp. MiDhIII-' 48C85. (lIDO)..... _.zipIorm.acm ....,.10.... Ma,. 11 05 12:25p Agenda ItemNo.1~-f April 12, 2005 t' Page 8 of 13 '1 14. OPTIONAL CLAUSES: {Check if any of #Ie following cllUHI are appllcebls and a1'8 attached lIS an 8ddendum to .. Conll1Y . 1 [J ArbIlraÜon C SeUer WIR'BI'Ity [J ExIstIng Mor1;age '. . 0 section 1031 Exchang& I:] C08II81 Conatruction Con1rol Une III other Add.DeS",. 11 . '" 0 Property lrulpeclion and Repair 0 Fklod Area HIZIJ'd Zone [J Other ¡ t:J Seller Representations 0 seUer Financln; 0 other . is. MISCElLANEOUS: The terms of this Ccl\tract ccns1llute the entire agræment between Buyer nJ StlI.r. Modifications d IhIs Contract will net be binding unless in Wf'Iti)g, i91ed and delivered by the party to be bound. Slgna1JJres, initials, documents aqa nt1nnœd In ItIIs Conlract, ccunterp8rts snd wrttten modJficlltions communfc:alød etectronicaly or on PII* will be acceptabJe for ~ 811 purpoms, induding delivery. and wfJl be binding. Handwrftten or typewrlttln lerms inserted In or attached 10 this Contract prevail ø over preprinted terms, If any provision of this Conm is or beoomes invalid or unenforçeøbJe, al rernalni1g provisions wJII continue 2* " be fully effective. This Contract wm be construed under Florida Jaw and will not reccrded In eny puÞlic records. Defrvery of any leV wriUen notice to any party" Igent will be deemed deBvery to that pIWty. 2~ THIS IS INTENDED TO BE A LEGALlY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY .. PItiOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 21~ IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 21Ì1 INTERPRETING CONTRACTSs DETERMINWG THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 21~mLE, FOREIGN INVESTOR REPORTING REQUIRÈMEHTS, ETC.) AND FOR TAX, PROPERTY COHDfTION, ENVIRONMENTAL AND 21~ OTHER SPECIALIZED ÅDVlCE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 21~ REPRESENTATIONS (ORAl., WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBUC Jl1þ RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 21. SOLELY ON sa.LER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 21~ CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERtAU Y AfFECT PROPERTY VAL.UE. 21" DEPOSIT RECEIPT: DeposJt of S 26.700. 00 by III check [J oth_ røcelwd on 21~ ,_by 22Þ Signature of EBCfDW Agsm . OFFER: Buyer offers to pLlrch8118 the Property on the 8Þove terms and conditions, unless l!ICCeptance Is signed by Siller and ... signed œpy delivered to Buyer or Buyer'. agent no IlI1er lien 5 I 00 [J a.m. tII p.m. on Karch 12 I ~ a2 I Buyer may revoke this offw and receive I rerundQr¡of. all Itl. .* Date: ~¡fo /0<; BUYER: ~ - ---= Tax ID No: Dan'. CUatom. _t Ketal, Inc. . TIle: Pre.ident Tele t1one: (239) 59&-0530 Facsimile: .. Addl'l8lJ: 5700 "..h1DG'tOD S~re.~, .a1)l.., FL 3U09 ... Da1e~ BUYER: Tax 10 No: ... Tille: Telephone: Facsimile: .. Address: lSþo ACCEPTANCE: Seller ecœpts Buyer's orrer and øgrees to sell ~ on the above terms ønd conditions Q subject to the 23~ liIIctIed countero1fer). ~ ~ ar Date: S ,,, / ðS SELLE' ~ Tax 10 No: AD.~h nJ' J. VaraDQ aØ* 11t1e: Telephone: (23t)77S-33'15 Famíle; ær Add.....: 34 Bamboo Drive. Napl... PL 311112 ær Title: 23)0- Address: ZlI· Buyer 1t> D ), ) and StlJtr (/}5 v') <----1 acJu10wIedge receipt of a copy of this page, w~ich Is page 5 of 5 Pages. The Flon'dl AuoclaUon d REAL TORSI makea no I8preeentlllon IS to the legal validity or sdequøcy of any provision of this form in any ~ trØ1l8Ction. Thllltlll'ldardlzed form rhould not be ulld In complex lranuctlons or wittI extensJve ride" or additions. This form Is 8VeUaÞle for UI8 by Ihè entire real elltBie Indultry and I, not In18nded to JdenIIfy It. u.. a REAl.TORIÞ. FŒALTORe Is a registered coJlec:IM membership matt which mljl be uaed only by reel estate I I~ who Ire membIra of the NA nOHAL ASSQCrA TlON OF REAL TORæ and who eublcrlbe to Its Code of Ethics. : The CO~I /aws of !he United Slates (17 U.S. Code) forbid Ihe LNUIhoriad reproductiOn af this foll1l by "'I mt8M Including facsimle or compulerlzed fOClTl cc.Z "8117 Florida AIIoCllliDn CII REAL TORse All RIghIa RNetY8tt Tax ID No; Facsimile: - !'" Date: SELLER: Telephone: _IIOIIG ......, ZlPFIImI'" by RE; F_Nft u.c 111Q26 "._ "".. ADelL Cllnlcn T_tlp, Mk:hl oln ØJIIIS, (IDOl ...8105 -,z.fIIÞnn.- ~..~ p-f v... , "'.,. 11 05 12: 25p - 1lYRTR1T "Ä" Agenda Item No, 1~K17 April 12, 2005 Page 9 of 13 Ednòit "A" to the Con1ract dated March 11,2005 between Anthony J. Varano. (SeDer) and Dan's Custom Sheet Metal. Ine. (Buyer) concerning the property described as: Parcel ID No. 00250800005, CoWer County. Florida (the "Contract"). Buyer and Seller make the following tenns and conditions part of the CoDtraCt. The legal description of the property is as follows: Parœl No. 13, of Section 11. Township 49 South. Range 2S East, Public Records ofCoUier countyt more specifically described as the South 100 feet of the North 687.35 feet of the East ~ oftbc West ~ of the NE ~ of Section 11. Twsp 498, Range 2SE, Collier County Rorida, LESS the West 30 feet thereof, together with aD Ingress and Bps Easement over a ROW described as follows: East 60 Feet of the West 195.52 feet· of the North 1156.24 feet of the West % of the NE ~ of1he SW v.- of Section 11, TWSP 495, Ra.ngc 25 E, CoWer County. Florida and the North 60 feet of the South 160 feet of theW est % oCthe NE y.. of the SW1I4 and the North 60 feet of1he South 160 feet of the SE ~ of the SE V4 of the NW v.. of the SW ~ of Section 11, Twsp 49S. Range 25B, Co1lier County Florida, less the West 30 feet. Date: S.dl~'5 Bu;:: ~~ ~ ("") i Dants Custom Sh~e:-Inc. SelIo'ë,/~~>Q: Anthony J. Varano Date: !fJ.ø/e;.~ ,....-~ M.r 11 05 12:25p Agenda Item No.1 iK1e April 12, 2b05 Page 10 of 13 dendum to Contract IDA ASSOCIATION OF REAL TORS4Þ 1 to the Contract dated lIaroh 11. 2005 between Anthoo.!: J. Vereao (Seller) I a~ DaA'. Cu.~om Sheet Metal, Inc. (Buyer) co~ceming 1I1e property described as: ¡ percel ID Xo. 00250800005. COllier County, PL {tht:t ·Contrace'). Buyer and SeI.. make the following terms and conditione part of the Contract. œh~e i8 . c..h traaeaotioD and there i. no aortaage coatiRaeaov. art!e. hereto a re. that u o Titl. aball immediatel to I the lieDs recorded in O.K. Book .tiseo.. and O.R. Book 239S. Pag.. 893. et .SQ. of tbe Public Record. of Collier Couatv. !!frida. Provided .aid e.toppel latt.r does not exceed '~6,700.0D. immediatel~ UPOR receipt o~itb. ..... Action ~itle sball disbur.e the reaa..ted pavo£f amount to Collier Couaty from th. Balamce of the Bayer'. DeDOait, witbout regard to the clo.loG date. Buyer of course ah,ll receive a credit a~ closiag ia the groa. amount of hie deposit. œh, partie. hereto hold ActloD ~itl. har.ale.. for ..y wrongful di.bur....at. made fram the _ut.r'. deposit abeeat gro.. Dealioeace. I œh~. ooatract shall beaaae Dull aDd void if tb. Couoty'. ..toppel letter exceed. $26,700.00 'D~ ~b. auver .h.ll me eD~itled to ~he immediate r~ara of his aepo_it. Dat.: S/" (~<- Cate: Canr: 5 ho /0$ ¡ Dati?: au; 1. -. QL Dan'. Ca.tea i: Netal, IDC. Buyer' 8~ ~¿'...-" ff -- t..b DJ' J. Varano SeI.wo: TII~I. ....,.bI. for LIR by the anti.. .... _tatII rnck.letry and Ia not Int8nded 10 Identify ftI. ..., .. . REALTORe. REALTOIW II' ..... red coIlectlvl m.mberMlp mark .llIch may bl uMd only by.... .... 110...... whCl ... membe.. Clf the NATIONAl. ASSOCIATION OF REA TORSe and who .w.crlbè to 118 Code of EttIIca. ~e ~f=. of the United sara (17 U.S. Cod.) fortlkl tit. unauthorized "'Pfoductlon of this 10rm Þv I1ny m..na 1m faA ACS~-2 Rev. Ø4 . WrJ 1.5J NAt Wt.Y 720 OoocUella R4 N. NlpI... F.L. 34102 .. .. PlIo=! (239) 213· ]333 Fax; (239) 213 ·143l Anlhany MUIIOlIlJo dlll's p-fVln ~wih2lpF_" Þr REF_Hm, u.C f802SFIllhnMl'- ROIIá, CIInIanTOMIIhfI,Nlch¡g., 41035, (IOO 3IMI05 _.zJpb'm.cøm MAR-11-20e5 12:23 ACT I CJo.4 TI TL.E :Jlr Agenda Item No, 16K 1 April 12, 2005 Page 11 of 13 941 2S2 S664 P. 81 " ""..__. .._of ., FAX· Action Title Services 3733 TlllÛuni Trail North Naple,. FL 34103 . Phone (239) 262·2200 Fa (239) 262-8664 Date -'-I J...ö5 Number or P'" includinl cover ,Met ~ To: rY11 rc ~~j ro ~, öQ.tfl 1 B-maiJ: Phone: Fax Prom: CRYSTAL wn.sON CIOIh1g Alent 3733 T~¡~i TnU North NaøJet. FL 34103 ~omit10DaØ1oø.com 239-262- 1369 X 34 . 239-262...a664 Phone Fax CC: RE: j'an1ro .sf. . Q1~ CU~ tðfõ 1; ~ I W'~ ftJd ~ ~ fV r~J1"¡' -Iú W "'tðn.:Jnt:l 0+-. . :Pm/;/.. IP~rd....- <:~. ~ tDUttJr èJ1CI ~i.,tucJ.. -tR-U':2ØØ5 12: 23 FlCTI ~ TI TLE Agenda Item No, 16K1 April 12, 2005 941 262 ess..i'age ~2mf 13 File: 204100133 Escrow Receipt ActIon TItte 8ervtcel =.1~~r 2..10005 Date: 3/1112005 $ "·$26.700.00 Fifth Third Bank ~_rmr Remitted By: DAN'S CUSTOM SHEET MET~ INC., . ~::'~'~7:W~~~;,~:..,.?t~~~~~.~;1:'~__~'t~~~,_'-" - ",' . '0.' ;;. ~ . ~ . "':.. 'r.~.,... . ..... -.' t.:' . '" ..... , Þ, 'o.'~ ........ .'~~ of, ;...,....., ., .~: .: ':...... ;-:," , -ryp. dtmda ; CarrIpMy CMc:tc FundIt BIu* ...... : COMI'IIUtiI1Y BANI( ()II' NAflU!S ~ 8Mk MA.: 0S7D14184 F\IIØt IIMICAcccunt; ~ Fundt 0IecIt Number: 21080 ~...ed By : JAMES HAVEN ,~.h',~~'" ' '~~I'~~1-'~: '.~~' ,4~:~ií7 Sl ... ~":.... ..... ,.'1'",,',. I 'f'" ." \';' ~."'.~' .~... "~. 't ... ' , 4ft J ="'".Þ.'.. , . .". ., ,.. '. .... .....~. : '.' '. .riJ'~ ;.;,~, . ,;. :..;,,'\. ....~'."\'h."'.,,~ .. ' \ of. .... .... e·...···"· ".,.:.' ,....,,-:¡... ""'''':''10.:11" 'pf~ ". \)..~~~.;I."",...... .~"H. ,U'."'iLJ r:"..:: .¡~. 'i": .... II ~AYT01ME' '~1td.' '" \',.t- ....':.'-.\ ...... . ~" ",. '" ',"" ,'... ". ...', .. S ''2610000 ~(I:' . . ,.. :.. , . ..,.,:...; , I"' . 't'- " ': ..,. 0' " ), i',.J t' e .. ' ~ Twa1I1-lix ~Sf¡".IÍIahd;"" octI100·~"hM"'''n._'''''''''.M.'''.''''''-~~ It i_~":""_~~~~ fa IË ¡; '" ,-r."fC""'.".-'íf·'~". ..'.....,... '- :",>:: ,'f.'~' ~·:~V:":_:.~~tfr;~l.·,~·\-:-~~ ...,~:t".."/ ,', J. ·1-I'"·:·"';"'''':''f\.;'''''¿''_· . , 'l . r' , 1.', .'.,' . ....1:-:"').·.. ,~.... . ...,... . t -..... ,~.~~.~\...L,:.;.~,,_~ .." 1 ~}....:! . "'.....+.s./L". ,,,: . ""-1 ~')' -.I.;.i.'f> ,.oì"....~."t~-_· ".' i·;·:'...·,..!.F.' '~,..~.~~~~:~~ /'- ~ ".r:.: I --.- - 'V -, '... "'~m~~-~ '_.~ r.".'_ -. ~tm~... \'r~" ...'....'.... '-J ',. '. 'f\:' " "';.~,~~;t".., .:::;,~,.... . .', :..e-,'::' 'f ..,',...., ; \? : ~~:~-~~::~~~~~1{L~: t.~~'~~=:(··~~;~I_ ~~::~,~J ,i.~:~~i~~:~~:~ :{~:~;1 ~ '. . .".' I .' . ",/"'. ,¡. \lr.1.. ~';~ ..f¿.., , .]1..)..., '- " -' .' 1"1" ......<.¡'. " ~. .' . , " r \J, l,. ~. 1""-' t-:v-...}It....';~f. ...t".)i-'t'~...r".:"1.'" ~...fÞ'..... ".'k' ¡...~. ..~. . -. \ ',~ ' : ,I :!- "..~,rt"~ ~\.": ,, 1- .í.,ri!ò..:, . ~ , "~', >,~~'C"·,.. ,,, .' J" .'~_. "-J--;..... ....J,.J../Io..~ .~.' .I,.......,·~~,.......r..~., __....~ ~~.",.J; 'u\:·"i}i;,,:,.-, ..11.-.......,.;, 't,·i.. ~<."",,:r;:"'::: .'.~ . ..,..-;,~;,. .,"'. . L~.,;;..di.~-",""·J_ ~ 'J... 't' "1'). j 2 ~ I . ~"ndo 1131 1'Ia:IbaIII TrIll Nanh ~.FL.Ulœ MEMO t)apœil 01\ t.QI_ W-...Iott'œ SINIt U'a ~ ~OaOII' 1:0& '10 II" ¡~"I: qfri;/-/JtÆa~ ...0 ~ ,.. ~ i!" TOTAL P.Ø2 War-IS-O! 01 :28p. fr~ollllr Count~ Attorn.)' +1140225 Agenda Item No, 16K1 April 12, 2005 T-SU P OD2IOOfa~oî;3 of 13 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORJDA CIVIL ACTION COUJER COUNTY. a political Subdivision of the State of Florida, Ca$c: No. 04-S90I-CA Phñntiff, ) ) ) ) ) ) ) ) ) ) v_ ANTHONY VARANO, 'Defendant. STJPULATONFOR DISMISSAL It is hereby stipulated by Pctitionet, COUJER. COUNTY, anc:1 Defendant, ANTHONY VARANO. by and through thejr respective unde1'9igned counsel. that this action be disrni$SCtl. pursuant to Rule 1.420 (a) (I), PIa. R. Cív. P., with pn:jud.i.cc. with each party to bear their own .-ney'. - an7i/ . '3 {, o~ \ {( Dated: C L. SHAPIRO, ESQ\JIRE lorida Bar No. (,,)6 rs~ . MARC L. SHAPIRO, P.A. 720 Ooodlettc Road. 1'1 _ Suite 304 Naples, Flroida. 34102 (239) 649-80SO (239) 649-8057 ATI'ORNEY FOR. DEFENDANt' ELLEN T. CHADWEI..L, :ESQ'UIRB Florida Bar No. 0983860 COUNTY ATI'ORNEY'S O'fiFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - TeJephone (239) 774-0225 - Facsimile AITORNEY FOR. PB'ITTIONER. 2 Agenda Item No. 16K2 April 12, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Agreed Final Order Awarding Planning Expert Fees and Attorney's Fees In the amount of $5,400 as to Parcels 739 and 839 In the lawsuit styled Collier County v. Nancy L Johnson Perry, et at, Case No. 03-2373-CA (Golden Gate Parkway Road Project 60027). OBJECTIVE: That the Board of County Commissioners approve the Agreed Final Order Awarding Planning Expert Fees and Attorney's Fees as to Parcels 739 and 839 in the lawsuit styled Collier County v. Nancy L, Johnson Perry, et aI, Case No. 03-2373-CA (Golden Gate Parkway Road Project 60027). CONSIDERATIONS: The parties reached a mediated settlement and a Stipulated Final Judgment was entered on September 23, 2004, by Judge Martin. Pursuant to §73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owner submitted invoices for planning fees totaling $11,336.25. Through negotiation, the parties have agreed to settlement for $3,600.00. The property owner is entitled to supplemental attorney's fees in the amount of$I,800.oo. If the settlement is approved, the County is responsible for the following costs: - . Planning Expert Costs & Fees: . Supplemental Attorney's Fees: TOTAL COST: $3,600.00 $1,800.00 $5.400.00 See attached Agreed Final Order Awarding Planning Expert Fees and Attorney's Fees. FISCAL IMPACT: Funds in the amount of $5,400.00 are available in the FY 05 adopted budget. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Final Order Awarding Planning Expert Fees; 2. Approve the expenditure of funds as stated; and 3. Direct staff to pay the sum of $3,600.00 to Wasala and Associates, and $1,800.00 to Bella Y. Patel, Trust Account. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney - Agenda Item No, 16K2 April 12, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K2 Recommendation to approve Agreed Final Order Awarding Planning Expert Fees & Attorney's Fees in the amount of $5,400 as to Parcels 739 & 839 in the lawsuit styled Collier County v. Nancy Johnson Perry. et aI., Case No. 03-2373-CA (Golden Gate Pkwy Rd Project 60027). 4/12/20059:00:00 AM Meeting Date Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 3/23/2005 7:58 AM Approved By Lisa Taylor ManagemenUBudget Analyst Date Transportlon Services Transportation Administration 3/24/2005 10:55 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 3/24/2005 2:35 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 3/28/200510:23 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 3/28/2005 1 :44 PM Approved By Sharon Newman Accounting Supervisor Date Tral1sportlon Services Transportation Administration 3/28/20052:16 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 4/1/200511:58 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/200512:27 PM Approved By Agenda Item No, 16K2 April 12, 2005 Page 3 of 6 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/1/20054:02 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/4/2005 10:25 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 4/4/2005 1 :40 PM Commissioners · ."..-,. Agenda Item No, 16K2 April 12, 2005 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVD... ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner. Case No. 03-2373~A v. Parcel Nos.: 739. 839 NANCY L. JOHNSON PERRY, Individually, and as Successor Trustee, et aI., ~ ~ - , .; ç.. 2: . .~ f' " '"'1r. \0.., '"T "1'" :,¡;., r .. ·-1...._.' ' ¿;;;; "r :::5 :.-' Z' _t rr' ~ J," ~ ..., Respondents. I ~ :x - AGREED FI~~ ORDER AWARDING PLANNING EXPERT F~ES AND ~ ATTORNEY'S FEES AS TO PARCELS 739 AND 839 ' 0' TIIIS CAUS~ having come before the Court upon joint motion of the Petitioner, COLLIER COUNTY, and Respondent, CENTER POINT COMMUNITY CHURCH, fIkIa ORACE BIBLE CHURCH OF NAPLES, INC., for entry of an Agreed Final Order Awarding Planning Expert Fees. and the Court. being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, CENTER POINT COMMUNITY CHURCH, f7k1a GRACE BIBLE CHURCH OF NAPLES, INC., have and recover from Petitioner, COLLIER COUNTY, the sum. of Three Thouland Sb HaDdred and No/tOO Dollars (53,600.00) for plarming services with respect to Parcels 739 and 839, including any other costs incurred by Wasala and Associates, in this cause. ORDERED AND ADJUDGED that Respondent, CENTER POINT COMMUNITY CHURCH, f/kJa GRACE BIBLE CHURCH OF NAPLES, INC., have and recover from Petitioner, COLLIER COUNTY. the sum of ODe Thouland Eight Hundred and No/tOo 1 "'I'" "'0""""''''''''''''''''-- - ~~.."~"'"'..."' "'- .......... Agenda Item No. 16K2 April 12, 2005 Page 5 of 6 ~ - - DoHan (SI,80CUMJ) for supplemental attorney's fees with respect to Parcels 739 and 839, in this cause. ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, pay the sum of Tbree Thousand Six Hundred and No/tOO Dollars (53,600.00) to Wasala and Associates, 7230 16th Ct., NE, St. Petersburg, Florida, 33702. ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Dreier, pay the sum of One Thousand Eight Hundred and No/loo DoHan ($1,800.00) for supplemental attorney's fees to Law Office of BeUa Y. Patel, P.A., c/o Bella Y. Patel, Esquire, 13026 Waterford Run Drive. Riverview, Florida, 33569. ORDERED AND ADJUGED that no other costs, including attorney's fees, shalJ be awarded in connection with the above-styled cause of action as it relates to Parcels 739 and 839. ORDERED AND ADJUDGED that this Agreed Final Order hereby resolves all issues between the parties in this cause, DONE AND ORDERED at Napl~ Collier County, Florida, this _ day of 2005. DANIEL R. MONACO CIRCUIT COURT JUDGE Confonned copies to: Ellen T. Chadwell, Esq. Bella Y. Patel. Esq.CBookkeeping 2 - -. -,.. . Agenda Item No. 16K2 April 12, 2005 Page 6 of 6 . ~ .-,... JOINT MOTION FOR AGqJtD f'lNAJ., ORD&R AWARDING f4NNING EJPERT FEE~ AND ATT<LRNEY~S FEES AS TO P 4RCELS 739 AND 839 The Parties hereby respectfully request this Court to enter the foregoing Agreed Final . g Expert Fees and Attorney's Fees as to Parcels 739 and 839. Dated: ~ ~ BEL .PATEL,ESQutRE Floridà Bar No.: 961670 13026 Waterford Run Drive Rivervicw, Florida 33569 (813) 643-2762 - Telephone (813) 643-2612 - Telephone ATTORNEY FOR RESPONDENT ELLEN T. CHADWELL, ESQUIRE Florida Bar No.: 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 77+0225 - Facsimile AITORNEY FOR PETITIONER CERTIFICATE OF SERVICE I hereby certify that a true and C01TeCt copy of the foregoing has been furnished by U.S. Mail to C~nter Point Community Church, flkJa Grace Bible Church of Naples, Inc., c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, Florida, 33569 on this day of . 2005. ELLEN T. CHADWELL, ESQ. 3 EXECUTIVE SUMMARY Agenda Item No, 16K3 April 12, 2005 Page 1 of 8 Recommendation to Approve a Stipulated Final Judgment as to Parcel 125 in the Amount of $31,000 in the Lawsuit Styled Collier County v. Robert J. Derr, et al., Case No. 03-2196-CA (Golden Gate Parkway Project No. 60027). Additional Cost to County is $8782.50 After Credit for Amount Deposited. OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in the amount of $31,000.00 for payment of full compensation for the taking of Parcel 125 in the lawsuit styled Collier County v, Robert J Derr, et ai., Case No, 03-2196-CA (Golden Gate Parkway Project No. 60027). Additional cost to the County is $8782.50 after credit for amount deposited. CONSIDERATIONS: The County acquired the subject property by depositing the sum of $24,100.00 on November 21,2003. The County's last written offer was $25,750.00. The County and Respondent have negotiated a settlement of $31,000.00 for full compensation. If the settlement is approved, the County is responsible for the following additional costs: · Additional Deposit/Disbursement Amount: · Expert Fees: · Attorney's Fees: · Clerk's Service Fee: TOTAL: $6900.00 To be determined 1732.50 $ 150.00 $ 8782.50 Attached is the proposed Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $8782.50 are available in the FY 2005 adopted budget. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: I. Approve the Stipulated Final Judgment as to Parcel 125; 2. Approve the expenditure of funds as stated; 3. Direct staff to deposit the sum of $6900.00 with the Clerk of Court; and 4. Direct payment of $150 service fee to Clerk of Court. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Item Number Item Summary Meeting Date Agenda Item No. 16K3 April 12, 2005 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation to Approve a Stipulated Final Judgment as to Parcel 125 in the amount of $31,000 in the Lawsuit Styled Collier County v. Robert J. Derr, et aI., Case No, 03-2196-CA (Golden Gate Parkway Project No. 60027). Additional cost to the County is $8782,50 after credit for amount deposited, 4/12/20059:0000 AM Prepared By Date Heidi F, Ashton County Attorney Assistant County Attorney 3122/20053:22:18 PM County Attorney Office Approved By Eugene Calvert Transportations Services Principal Project Manager Transportation Engineering and Construction Management Date 3123/2005 7:55 AM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Transportation Administration 3/24/200510:54 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin. 3/28/200510:24 AM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 3/28/2005 1 :46 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Date Transportation Administration 3128/20054:18 PM Approved By David C, Weigel County Attorney County Attorney Date County Attorney Office 4/1/200512:09 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 4/4/2005 11 :23 AM Approved By ,..--,-_._--", ,--"..~;-_.~.,,-< -'--'~"--"""-',^ Agenda Item No, 16K3 April 12, 2005 Page 3 of 8 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/4/200511:23 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 4/4/2005 6:35 PM Agenda Item No, 16K3 April 12, 2005 Page 4 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAI~ CIRCUIT IN AND FOR COLLU~R COUNTY, FlJORIDA CIVIL ACTJON CO~IER COUNTY, FLORIDA, a political subdivision of the Srate of Florida., Case No.: 03-2196-CA Pel i ti ooer, Parcel No.: 125 VS. ROBERT J. DERR, el at, Respondents. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by an.d through the undersigned counsel, and Respondent, AIRPORT HALL FOR HIRE, INC., by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 125, and it appearing to the Court that the parties are 1\uthorized to make such motion. the Court finding tha.t the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the fuJl compensation due Respondent, AIRPORT HALL FOR HIRE, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, AIRPORT HALL FOR HIRE, INC.. have and recover from Petitioner, COLLIER COUNTy, FLORIDA, t.he sum of Thirty-One Thousand Dollars and No/tOO ($31,000.00) for Parcel No. 125 as ful] payment for the property interests Laken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, AIRPORT HALL FOR HIRE, INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, as a statutory attorney's fee the sum of One Thousand Seven -- -., _ ...._.. .- . _. .-. Agenda Item No. 16K3 April 12, 2005 Page 5 of 8 Hundred Thirty-Two Dollars and 501100 ($1,732.50), pursuant to Section 73.092, F.S.; it is further ORDERED that the Court reserves jurisdiction to award expen witness fees arJd costs incun-ed in the defense of this case pursuant to Section 73.091, .F.S.; it is fUl1her ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the amount of Twenty-Four Thousand One Hundred Donars and No/loo ($24,100.00) into the registry of the Clerk of the Circuit Coun toward the acquisition ofPatcel No. 125 at which time title to said parcel as described in Exhibit .rA" vested in the name of Petitioner: it is. further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLOR1DA, shall deposit an additional Six Thousand Nine Hundred Dollars aDd No/tOO ($6900.00) into the registry of (he Clerk of the Circuit Court for the benefit of Respondent, A[RPORT HALL FOR HIRE, INe.; it is further ORDERED that disbursement of the sums on deposit in the Court Registry shall be by fUrther order of this Coun; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA. shall disburse the total amount of One Thou.omnd Seven Hundred Thirty-Two J)()llars and SO/I00 ($1,732.SO) to V ANESSA THOMAS, ESQUIRE, Forman Hanratty & Montgomery, 320 NW Third Avenue, PO Box 159, Ocala, FL 34478 for statutory attorney's fees~ it is further ORDERED that title to Parcel 125, a Perpetual, Non-Exclusive Road Right of Way. Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein. which vested in Petitioner, COD...IER COUNTY, FLORIDA, pursuaol to the Order of Taking dated November 6, 2003. and the deposit of money heretofore made, is approved. rdt1fied, and confirmed; it is fUl1her Agenda Item No. 16K3 Aprìl12,2005 Page 6 of 8 ORDERED that this Court reserves jurisdiction to award attorney's fees and costs for supplemental proceedings, if any; it is further ORDERED t.hat this Court reserves jurisdiction to enforce the telms of this Stipulated PinaJ Judgment; it is further ORDERED that the Notice of Lis Pendens fiJed in this action and recorded in Official Record Book 3302, Page 2888 et seq., of the Public Records of Comer County, Florida be dismissed as to Parcel No. 125; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Couns shall disburse the interest earned on the funds on deposit as to Parcel 125 in the amount of $ (through , 2005) to ColJier County Board of County Commissioners, c/o Heidi F. Ashton, Assistant County Attorney. Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Cowts up to 10% in accordance with Section 28.33, F.S.~ it is fUI1her ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collicr County, Florida; i.t is therefore DONE AND ORDERED in Chambers at Nap1es, CoWer County, Florida this _ day of ,2005. CIRCUIT COURT JUDOE Cg{1.fonned Copies: Heidi F. Ashton, Esquire Vanessa Thomas, Esquire E. Glenn Tucker, Esquire Kevin Hen(b:icks, Acquisition Mgrrrransp. Bookkeeping Agenda Item No, 16K3 April 12, 2005 Page 7 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties bereby stipulate· and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 125. Dated: J/tg)D5 Dated: 13().A,\..t..:}...~ ~ná/J- VANESSA THOMAS, ESQUIRE Florida Bar No.: 0702412 FORMAN HANRA TrY & MONTGOMERY 320 NW Third Avenue Ocala, FL 3447S (352) 732-3915 - Telephone (352) 351-1690 - Facsimile A ITORNEY FOR RESPONDENT HE I F. :A TON, ESQUIRE Florida Bar No.: 966770 COLLIER COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER ; ~~NO~ '.'~' , I r:- EXHIBrr .iL ......Ji.. of.J.æl " f\ A, I~ ~ i..lETUAL, NO~-IJCCtU~ nuNJ RIGHT .()F-'H\Y. tNJWGI AND U11UTY1fA~ ..11 ...~~ or J1.I~ EXËUBIT A G EN GAT& PNW:NA't (CA aal) ...._ C_ 'III .... I ! ':l ~I Ilf I: ~ II I I I I t I I I I I ~ ~ II II ~: I 'I I : I I 1 I I I I I ~ I j ':It (111.41) DEION"nIlN 1'0" ~EL 125 A ~N 01' 'fIIACT' &I, COt.œH CAn:: emTU. UII'IT 21 Nt. AICOftDID IN fIUoT lOOK 7, I'oIG£ 1/7 or 'THt P\.RJC RECORDS or COLI.1f;Jt CWHrf. F1A'1DII srrum: III SECTIOH 30. i'OWNlHII' 411 IOUTI>I. ""WI a. wr, COl.Ulll COUKIT. P'LOIIOI IElNG lIOII£ ptM'I!C\J\ARLY IlESCIIIIIED Nt. I'DLLO'/ll, CO/IIIIIÐIC! AT TIiE NDRIHØST COIfNER CIF IAoID 1!I¡IC'f III THtHOr '.GØ't1'J.I"L, Al.ONO 1111: ItI\ST UN!!: or SAD 1!W:r N. " DIStANCE OF' IO.GO tErr, TO A IO t f ON TI1t munt UHt or '" ~A:r EAlÐCNf (IOD' WIOI:) All PER SAID i"lÀT AND II!IN; TIlE !'OINT OF I¡OINf:llNGI , 'I!11t1«:1: CClNTlHUt AI.Ot'Ia Ut& Ir\II ~ UHf:, .,øoozr:lO"t.. A 0111'1,11'11' 01 IU7 !"UTI 111IN1IC ~HII THI MID (AM lINt. s.a'·4:1'04"W~ A gllTI\NCIi Of' 31.1' n:m 'niDICIII l.arS"S7'Wï A Þ~ Dr 110,'7 P'Œf. TO '!Hi wur .IN! Of' INIO OIIlClllll8E11 J 0IIJ'Øt0. ~fCOtIOI IIOOK JJU. IIWII 21 I ( /t H Pt.t1lJ0 RrJ:OII1:II 0" COLI.I:R COUHI'Y, fI.DRIDA; 111rM:1: N."Ira1'1I1',W., At,QHQ TIt!: ....iD WIlT UN! A DlITNlc:f.' 01' IUD I'UT. 'It) 1'111 SAID IDUT)I UNEI ~&:HCI: fl.l..31 ·n"!., ALCNI THt rAI~ !OUTI+ 1.J'<i1:: ... ÞIITAM::i Of' 1110.01 I'ŒT. ", THe ""lIlT Of" .OINNlNO. COI>ITAIH!IIQ UDJ IQUoO.ar rrET. hlOM II" LÉ.t.. r 'II --- TRI\C'I' 3. " E ..... - ..........~.... r.t"~ :-= ==~-= -. , SICErC/1 .t D~C~I"TlgH ONLY 1>10'1' Å IIOUHDIoRY $URVEY ~t ~ I I ¡- I' i 11 I I I .- 11IAC'T 811 .. nm.- -- C1111~""'1JS1 AIU'Qq' IK\. P\IIII ItIIE. fNI:. 1M UI"'1f1 V//.1 -.... ~. .0 ~. .tAm r~"o' FOIl, CDI,UE:R CCIIN'IY CQ-<I[IINMENT eoARD 1:1.. CClOHIY CCIolNl' QNI:III ... "". ...,~- ~ (NO,: Agen.(ÛJ:,ltem·No. 16K3 , .,' April 12, 2005 Page 8 of 8 , ., " " Jt :"" , -. ,,' . '. . " ".' ~ . ,. , . ~ .;;... ....... .... :~ . '.:~~~...:~'; . ,-I' .. .' ,.:-:.t.~: . .. .., ~ ~ , '- . > ... '. ...... ....- . .... ..:~'.: ..~.1. . .:( . , .- " , #:;... ". ç'. , .' '.' -, ".,:-0 " .. :.:i..,".' ,'. ".. >'J.;. . '~~?t. '. . .~. ...~, ,1', -',~.:::-:' r .' " . ... .,' . ::-. EXECUTIVE SUMMARY Agenda Item No. 16K4 April 12, 2005 Page 1 of 8 .- Recommendation to Approve a Stipulated Final Judgment as to Parcel 192 in the Amount of $67,000 in the Lawsuit Styled ColUer County v. GJR of Naples, Inc., et aL, Case No. 02-2212-CA (Immokalee Road Project No. 60018). Additional Cost to County is $18,238.00 Mter Credit for Amount Deposited. OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in the amount of $67,000.00 for payment of full compensation for the taking of Parcel 192 in the lawsuit styled Collier County v. GJR of Naples, Inc., et al., Case No. 02-2212-CA (Immokalee Road Project No. 600 18). Additional cost to the County is $18,238.00 after credit for amount deposited. CONSIDERATIONS: The County acquired the subject property by depositing the sum of $51,600.00 on September 19,2002, The County's last written offer was $58,400.00. The County and Respondents have negotiated a settlement of $67,000,00 for full compensation. If the settlement is approved, the County is responsible for the foHowing costs: · Additional DeposiVDisbursement Amount: · Expert Fees: · Attorney's Fees: · Clerk's Service Fee: TOTAL: $15,400.00 To be determined 2,838.00 None $ 1-8,238.00 ,-' Attached is the proposed Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $18,238,00 are available in the FY 2005 adopted budget. Source offunds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcel 192; and 2, Approve the expenditure of funds as stated PREPARED BY: Heidi F. Ashton, Assistant County Attorney ,,-' Agenda Item No, 16K4 April 12, 2005 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K4 Recommendation to Approve a Stipulated Final Judgment as to Parcel 192 in the amount of $67,000 in the Lawsuit Styled Collier County v. GJR of Naples, Inc., et aI., Case No. 02-2212- CA (Immokalee Road Project No. 60018). Additional cost to the County is $18,238.00 after credit of amount deposited. Meeting Date 4/12/20059:00:00 AM Prepared By Date Heidi F. Ashton Assistant County Attorney 3/22/2005 3:25:41 PM County Attorney County Attorney Office Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 3/23/20057:54 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 3/24/200510:55 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 3/28/2005 1 :49 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 3/28/20054:19 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 3/29/2005 6:58 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 4/1/200512:13 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/200512:27 PM Approved By >._~.- Agenda Item No, 16K4 April 12, 2005 Page 3 of 8 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/1/20054:18 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/4/200510:24 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 4/4/2005 6:59 PM Commissioners Agenda Item No. 16K4 April 12, 2005 Page 4 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2212-CA Petitioner, Parcel No,: 192 VS. GJR OF NAPLES, INC., et aI., Respondents. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, WILLIAM J. CONRAL'l and PAMELA J. CONRAN, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 192, and it appearing to the Court that the parties are authorized to make such Motion. the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, WILLIAM J. CONRAN and PAMELA J. CONRAN, and the Court being otherwise'fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, WILLIAM J. CONRAN and PAMELA J. CONRAN, have and recover from Petitioner, COLLIER COUNTY, FLORß)A, the sum of Sixty- Seven Thousand Dollars and No/tOO ($67,000.00) for Parcel No. 192 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property Agenda Item No. 16K4 April 12, 2005 Page 5 of 8 was taken, business damages, attorney's fees and costs, and for all other damages in connection with said parcel; it is further ORDERED that Responde.nts, Wll.LIAM J. CONRAN and PAMELA J. CONRAN. receive from Petitioner, COLLIER COUNTY, FLORIDA, as ¿j statutory attorney's fee the sum of T"o Thousand Eight Hundred Thirty-Eight Dollars and No/tOO ($2838.00), pursuant to Section 73.092, F.S.; it is further ORDERED tbat the Court reserves jurisdiction to award expert· witness fees and costs incurred in the defense of this case pursuant to Section 73.091, F.S.: it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the amount of Fifty-One Thousand Six Hundred Dollars and NollOO ($51,600.00) into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel No. 192 at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that váthin thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA. shall disburse the sum of Fifteen Thousand Four Hundred Dollars and No/IOO ($15,400.00) to the EARŒ & PATCHEN TRUST ACCOUNT c/o Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami. FL 33131 for the benefit of Respondents, Wll..LIAM J~ CONRAN and PAMELA J. CONRAN; it is further ORDERED that within thirty (30) days of receipt by Petitioner of tile Stipulated Final Judgment entered by the Court. Petitioner, COLLIER COUNTY, FLORIDA. shall disburse the total amount of Two Thousand Eight Hundred Thirty.Eight Dollars and No/100 ($2838.00) to BRIAN P. PATCHEN, ESQUIRE, Earle & Patchen, P.A., 1000 Brickel1 Avenue, Suite 1112, Miami. FL 33131 for statutory attorney's fees; it is further Agenda Item No, 16K4 April 12, 2005 Page 6 of 8 . ORDERED that fee simple title to Parcel No. 192, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 5, 2002, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to award attorney's fees and costs for supplemental proceeds, if any; it is further ORDERED that this Court reserves jurisdiction to enforce the ~erms of this Stipulated Final Judgment; it is further ORDERED that the Notice of Lis Pendens filed. in this action and recorded in Officia[ Record Book 3049, Page 1047, et seq., of the Public Records of Comer County, Florida be dismissed as to Pared No. 192; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shaH disburse the interest earned on the funds on deposit as to Parcel No. 192 to Collier County Board of County Commissioners, c/o Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney, 3301 East TamÍaI1Ú Trail, Naples. FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 28.33, F.S,~ it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida~ it is therefore DONE AND ORDERED in Chambers at NapJes, Collier County, Florida this _ day of , 2005. CIRcmT COURT JUDGE Confonned CODies: Heidi F. Ashton, Esquire Brian P. Patchen, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition MgrlTransp. Bookkeeping -._- Agenda Item No, 16K4 April 12, 2005 Page 7 of 8 JOINT MOTION FOR STIPVLA TED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this COUt1 to enter the foregoing StipuJated Final Judgment as to Parcel No. 192. Dated: Dated: BRIAN P. PATCHEN, ESQUIRE Florida Bar No,: 157545 EARLE & PATCHEN P.A. J 000 Brickell A venue, Suite 1112 Miami, FL 33131 (305) 372-1112 - Telephone (305) 372-3691 - Facsimile A ITORNEY FOR RESPONDENTS HEIDI F. ASHTON, ESQUIRE FI01ida Bar No.: 966770 COUNTY A TIORNEY'S OFFICE Hannon Turner Building 3301 East Tamiarni Trail Naples. FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A ITORNEY FOR PETITIONER rl~ "--'- :B I ~! ~ (0)1 ... ~ ~~I o' ::J~12~¡; I ! .m co i .... õ 8 ~ 1E0 -.;s: ... . ''',I r~ ~ I ~ ï! - ~ dõ ..., ~~i Z«- ~~. ~ ~ .,:~ .. 0- j ....9 ~II~ I/IU ii' lD Q " ^ U gg I ~ ; ~ I ~ j!ii I ~~ ~il ~ ~m ¡ ull~ II f --- I!p If ...its "~fS ~ Ii i ~ .- ovo~ 331V>lOWrfl .91'Oç:£ M. .O~.9o.Z0 S ~ ~ ï ~ r ~ 'fª .2~ !1~ rJia> ~ i .. i! Q ~ ,a... .& .- I ~:ßí ~ .!to I ~õ~ 1/1'" ~ 41 co - Q4I5 ~ 01 ¡¡: w-f ., .:-; -......... ij... ä ' c::¡u: -I ~o 8--- v'8 '- ....lLoO g o~... ~ Q) 0 ., ::I.@E .e. .... b ... ~:r 0 A £ë~~ " .§ .... i ~ J::¡ I II ~ tt '- I I 'V G \ 1 8 t 1/1 .ª .z: .... .... Q ~ I I ~ § f I ~ Š ..- I I ~ ,g f ¡; Q. .!'!' ! 01 i 1:1 oS 110 0 i fi .... ..Q oS 'Ii 0 ¡ c '·0 ..- .j¡ .!!! .!! 1 "tI Id .f! II .J:I-d .. ~ ¡ß ðI~ < ~ ~ c-i . Z ..¡. nL .I .LS:nIB.LNI tndKlS tmrl =fjj¡:.ï; "'Z '" I H:7~,..;I , Agenda Item No, 16K5 April 12, 2005 Page 1 of 2 - EXECUTIVE SUMMARY Recommendation to approve settlement prior to Trial in the lawsuit entitled Collier County vs. Venor Sylvan, filed in the County Court of Collier County, FL, Case No. 04-384- CC, for $2,390.00, and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. OBJECTIVE: Board of County Commissioners approval of the settlement prior to Trial, pursuant to which the County would receive $2,390.00 as payment for the replacement of a lamp post. CONSIDERATIONS: On June 9, 2002, Defendant Sylvan and his passenger were proceeding on South 1 st Street, Immokalee, when, reportedly, a "phantom" black vehicle pulled out from East Delaware Street violating Sylvan's right-of-way, Sylvan pulled into the median striking our lamppost. Both Sylvan and his passenger advised the investigating officer of the phantom vehicle and the police report reflected how the accident occurred. The County has pursued a lawsuit to obtain reimbursement for losses sustained as a result of the damaged lighting structure. ~ Prior to Trial, the attorneys have worked toward a settlement of the matter for $2,390.00, which represents the cost of the lamppost. The County would waive the installation charges since Defendant Sylvan's position was that he was not negligent and that it was the phantom driver's fault. Since Sylvan had a corroborating witness and there was no evidence to show that there was not another vehicle involved, the County Risk Management/County Attorney consider the settlement reasonable under all the circumstances. FISCAL IMPACT: None GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the $2,390.00 settlement and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. Prepared by: William E. Mountford, Assistant County Attorney 03.0196/698 .--' Agenda Item No. 16K5 April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K5 Recommendation to approve settlement prior to Trial in the lawsuite entitled Collier County v. Venor Sylvan, filed in the County Court of Collier County. Florida, Case No. 04-384-CC, for $2,390.00 and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. Meeting Date 4/12/20059:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 4/1/200512:15 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 411/200512:36 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/5/2005 10:59 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/5/2005 8:25 PM Agenda Item No. 16K6 April 12, 2005 Page 1 of 2 ,- EXECUTIVE SUMMARY Recommendation to approve Arbitrator's Award prior to Trial in the lawsuit entitled: Peck-Gittleman, et al. vs. Affordable Landscaping and Design, Inc., et al., filed in the Twentieth Judicial Circuit, in and for Collier County, Florida, Case No. 02-717-CA, for $11,250.00, and have the Chairman of the Board of County Commissioners to execute all necessary documents. OBJECTIVE: Board of County Commissioners approval of the Arbitration A ward prior to Trial, pursuant to which the County would pay $11,250.00 and all claims against the County, would be dismissed against the County, in the referenced lawsuit, with prejudice. CONSIDERATIONS: In 1999 the City of Marco Island requested Parks and Recreation Department, Collier County, to improve the South Marco Beach Access. During the course of discussions, Antaramian Development Corporation applied to the City of Marco for a PUD amendment and, as part of the granting of that PUD amendment, the City of Marco Island required that Antaramian Development, among other things, improve the "South Marco Beach Access Improvement Joint Project." ~ On June 29,2000, during the construction of the South Marco Beach access which consisted of pavers, plantings, sidewalks, etc., Plaintiff, Carol Peck-Gittleman, tripped and fell in an area which had been tom up and was in the process of being improved for the new sidewalk/pavers. Plaintiff sustained a fractured left wrist, which resulted in an external fixation. Her left hand suffered a deformity requiring future surgery. The Court ordered arbitration by the parties. A resulting Arbitration A ward was in the amount of $350,000.00 for Plaintiff wife and $25,000.00 for loss of services for Plaintiff husband. Liability was found to be 63% Antaramian, 21 % Affordab]e Landscaping, 3% County, 3% City of Marco, and 10% Plaintiff. The Arbitration Award of 3% negligence on the part of Collier County is in line with what the County Risk Management/County Attorney felt might be determined to be the County's liability in this matter. The 3% award of$II,250.00 against Collier County is fair and reasonable based on a total award of $375,000.00. If the Arbitration Award is not accepted, and the case were to proceed to trial, it is estimated that trial costs for medical and liability experts would range somewhere between $10,000.00 and $18,0000.00 alone, not counting a potentially higher damages award. Therefore, acceptance of the Arbitration Award in the sum of $11,250.00 is reasonable under all the circumstances. FISCAL IMPACT: The settlement offer recommended by Staff amounts to $11,250. Funds are budgeted and available in the Risk Management Property and Casualty Fund. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the Arbitrator's Award for the payment of $11,250.00, and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. ,~ Prepared by: William E. Mountford, Assistant County Attorney Agenda Item No. 16K6 April 12, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K6 Recommendation to approve Arbitrator's Award prior to Trial in the Lawsuit entitled: Peck- Gittleman, et al. v Affordable Landscaping and Desing, Inc., et aI., filed in the Twentieth Judicial Circuit, in and for Collier County, Florida, Case No. 02-717-CA, for $11,250.00 and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. Meeting Date 4/12/2005 9:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 4/1/200512:17 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/200512:35 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/4/200511:16 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/5/2005 12:49 PM Agenda Item No. 16K7 April 12. 2005 Page 1 of 9 - EXECUTIVE SUMMARY Recommendation Pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners Select and Retain Eric J. Vasquez, Esq., and Yale T. Freeman, Esq., as Outside Counsel to Represent Two (2) County Employees Named Individually as Defendants in the Submitted Amended Complaint in Mohan Thampi v. Collier County Board of Commissioners, Case No. 2:04-CV-441-FTM-29SPC, in the United States District Court for the Middle District of Florida, Fort Myers Division; and Waive the Purchasing Policy to the extent it applies to the Selection of Outside Counsel and/or otherwise Exempt the Selection of Outside Counsel from Competition Pursuant to VII.G. of the Purchasing Policy. OBJECTIVE: For the Board to select and retain counsel for two county employees individually named as defendants in the submitted Amended Complaint in Mohan Thampi v. Collier County Board of Commissioners, Case No. 2:04-CV-441-FTM-29SPC, in the United States District Court for the Middle District of Florida, Fort Myers Division; and waive the Purchasing Policy to the extent it applies to the said selection of outside counsel and/or otherwise exempt the selection of outside counsel from competition pursuant to VII.G. of the Purchasing Policy. ,- CONSIDERATIONS: Collier County Resolution No. 95-632 sets forth the Board's policy with regard to providing a defense and paying legal expenses of county staff who are sued individually in lawsuits. The Board of County Commissioners and James Mudd and James DeLony have been named as defendants in the submitted Amended Complaint in Mohan Thampi v. Collier County Board of Commissioners, Mudd and DeLony Case No. 2:04-CV -441-FTM-29SPC. The Office of the County Attorney recommends the Board consider providing Mr. Mudd and Mr. DeLony legal counsel in accordance with County Resolution No. 95-632. The Office of the County Attorney will represent the Board of County Commissioners in the lawsuit. Given that a lawsuit has already been filed and served, it is imperative that investigation of the complaint be commenced as soon as possible. Accordingly, based on these circumstances and in the best interest of the County, it is further recommended that the Board waive the Purchasing Policy and/or otherwise exempt the selection of outside counsel ITom competition pursuant to VII.G. of the Purchasing Policy to the extent it applies to procurement oflegal services under Resolution No. 95-632. The Office of the County Attorney recommends that the Board select and retain Mr. Eric J. Vasquez, Esquire, and Yale T. Freeman, Esquire, to represent James V. Mudd and James DeLony, respectively, in this litigation. FISCAL IMP ACT: The hourly charges for most litigation attorneys who would be retained to represent the employees in a case such as this would likely run in the neighborhood of up to $200.00 per hour. Both of these attorneys have met/spoken with the proposed clients and said clients (Mudd/DeLony) have agreed to these attorneys to represent them. The Board should also be aware that while it is difficult to estimate, should it be necessary for this case to be taken through the trial process, outside counsel ,-.. ._---~. . Agenda Item No. 16K7 April 12,2005 Page 2 of 9 -- fees could be in excess of $20,000.00. This case is a covered case payable through Risk Management. GROWTH MANAGEMENT IMPACT: There IS no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board approve the selection and retention of attorneys Eric 1. Vasquez and Yale T. Freeman to represent Mr. Mudd and Mr. DeLony in the named lawsuit and waive the Purchasing Policy and/or otherwise exempt the selection of outside counsel from competition pursuant to VII.G. of the Purchasing Policy to the extent it applies to procurement of legal services under Resolution No. 95-632 and the payments for services of these attorneys per the documentation provided herewith, not to exceed $200.00 per hour. Prepared by David C. Weigel, County Attorney ..--. ~ 2 Agenda Item No. 16K7 April 12, 2005 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K7 Meeting Date Recommendation Pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners Select and Retain Eric J. Vasquez, Esq., and Yale T. Freeman, Esq., as Outside Counsel to Represent Two (2) County Employees Named Individually as Defendants in the Submitted Amended Complaint in Mohan Thampi v. Collier County Board of Commissioners, Case No. 204-CV-441-FTM-29SPC, in the United States District Court for the Middle District of Florida, Fort Myers Division; and Waive the Purchasing Policy to the extent it applies to the Selection of Outside Counsel andfor otherwise Exempt the Selection of Outside Counsel from Competition Pursuant to VII.G. of the Purchasing Policy. 4/12/20059:00:00 AM Approved By Nancy Bradley Legal Secretary Date County Attorney County Attorney Office 3/31/200511:47 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/1/200512:32 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/4/2005 11: 59 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 4/6/2005 1 :45 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/6/2005 4:23 PM ~.."-- APR 05 2005 10;11RH HP LR9ERJET 3200 Agenda Item ~O-2! 6K7 AprjI1~,L005 Page 4 of 9 .<!) COLLIER COUNTY DAVID C. W1DGltL CXIWI!R MUIr1'Y ÅTJ'OIIoSY 3301 Tmdami ThId Boll: NIpJII, PJoridI J4J J:l-4.911Z ~ (239) 174-1400 FAX: (%39) 174.0.123 Apri14, 2ooS' HIrIdi R ~ 1...... A. JIg1peðio !DaD T. CIIIðwdI lc.1fKlatUuw WWi_ B. MDIIaIbit 'l'hamu Co h!Dw NIcUII W. hIttt JIr:q\aeIiDe WAII_ UIoIl\nri J,WjødoM. BlDðem ,... a. W!II.IIr ÞIJ«t N. ZåIIT VIA HAND DEl.JVE.RY Yalo T. Freeman. P.A. 232S Stlnford Court Naples. FL 34112"'· RE; R.eprt:SeDJ!,tion of Cowty Employee James DeI.ony inMø1Imr TAampll'. CtJlli.R CøIlX(J1 ] otud Ø/c.1II1rIiøio~ JtlllfU Jl1444 M4 JtIlIU!8lhltlIJp. 2:fU-CY-441..FTM.29SPC, Unìted State. District Court 1br the Middle District ofP1orids, Fort Mye¡s Diviliœ Dear YuJc: , This 1ettor will confiIm that you agree to rquCICDt Co1liel" County employee June. Delony ÌD the œfeœnoed løwsuit You allO have IfPcd to a fec of $200.00 pOl hour for the purposes ofthi. reprcaontation. P19SCI submit all bi1l6 to the County A1tomøy Of!icD Iorrcview and approval. 'TJae C01IIÚY has also authorized thO pa.ymœt of the r«1.1on(Jb/ø cœt8 of (bU Jitigaticm, .inc1uding reasonable depOlitian and d~sition tnIzIsoript oosts buod 1IpOD prøvai1ing rates as evidenced in the coaumlnity by B1ms such 88 Gregory Court Reporting aud DODovan Court Reporting, as weD as any neceslm:y filin¡ Imd copying cosc. fees.. Beforo iDcvrring any unusual œpcmditores, e.g., col16lU1tø±ion with an ~ exteaaive computerized resaamh costs, uvemight ~L ate.. )'CU murt Beck pre-1IJJ.PfOVI.Iii'am our office. While it is unliJœ1y tha1 you wilt need to travctout oithc CoUDty during the couts! oftbi. cue, you will òe 1imited to County FE diem ntes [o~ meal8, milea~:. etc., 1f øudz uavol is ~. 1'his representation .epemcnt wiD also' be çon~ upon your diaclosure to Mr. D~1ony that you ~ a. se1f,.iDaured entity. Por ptBpOsea of the æprcseDtation. you haVCI received a copy of the complaint :filed by Mòhan 1bampi apjnat Mr. Dc10ny CJd alae . copy of a motion to dismIss flIed by 1acqueline Hubbazd, ~ County Attorney, on bcbaJf of the County. Mr. Delany may be reached at the Pnblìc Utilities Aclministration Office at 732-2540. HiM worlån¡ hours aro 8:00 a.JJl, to 5:00 p.m. .Atm you lWve bad an oppOl'tuDity to meet with Mr. DoJD.nY, I strongly encDUI1liC :you to contact Ms. Hubbard who ili in custody of many RI1avaat documcn1.8 Ì1l tho case and also to CD~ any andentaDdiD¡ oftbe exteaåon 0 ftimo agrocmcnt. 1 ..,., II APR D~ eo05 10:11AH HP LRSER3ET 3200 Agenda Item I'fb~ i'eK7 April 12. 2005 Page 5 of 9 I have e1Bo ooc)oscd for your review a copy of Collim C"..aua.ty Resolution No. 95·632. This reso1utioD but1inos the pn)ltD.ØlJt I\lthorizcd. by the Board for the repreøeøtJ.tion of Mr. Pelon)'. If you. have oy additional qaeIItions or conCC'ml or jf you wish to diacuS9 any other issues conc«ning payment, pleue do I10t hosiÙl.œ to çaß me. Otharwiac. pJouo execute this letter in !he place. Wlicated aDd return it to mo. We look forward to working with you in tbe joint dofcmeof'the reia'eøccd lawsuit. Vsr¡ truly yours. Dmd C. Wmgel County A.ttor.n'cY DCWIrem encJ.osures cc: .Mic.h.acIPGr.tit Assistmt County Attomcy JacqucJine Wi1liamJ Hubbard. AAiItaDt County AttDmoy ,~ I hCRby agree to the tmnI of this ECtentiOEL . ' 2. II Agenda Item No. 16K7 April 12, 2005 Page 6 of9 . COLLIER COUNTY ".'.:~,. .....-~.'...' ~ . . DAVID C. WEIGEL COWElCOUNTY ATrQUtfi 3301 Tam.Iami Trail East Naples, Florida 34112-4902 Telephone: (239) 774-8400 PAX: (239) 774-0225 April 4. 2005 Heidi P. Ashtœ lamifcr A. Bclpcdio BiICII T. Clldwcll Jeft'ICIaIzkoow Willi... E. MOWItford Thoma C. Palmer 14iœu1 W. P8ttII IlICqucliDc Williams Hubbard Marjœic M. Student l'a1rick G. Whlto Robert N. z.clwy VIA HAND DELIVERY ~cJ. Vasquez.ESquke 900 Sixth Avenue. South -Suite 201 Naples, Florida 34102 RE: Representation of County Employee James Mudd in MoIum Thtunpj v. Co/M,. CoUIItJ Board of Commisli6nel'6, JQIIIØS Mudd tl1Ul Jam" 1kIonyw 2:04..cV-441-FTM-29SPC, United States District Court for the Middle District of Florida, Fort Myers Division Dear Eric: This letter will coIÛmn that you agree to represent Collier County employee I ames Mudd in the referenced lawsuit You also have agreed to a fee of $195.00 per hour for the purposes of this representation. Please submit all bills to the County Attorney Office for review and approval. The County has also authorized the payment of the reasoMble costs of this litigation. including reasonable deposition and deposition transcript costs based upon prevailing rates as evidenced in the community by rums such as Gregory Court Reporting and Donovan Court Reporting, 88 well as any necessary filing and copying costs fees. Before incwring any unusual expendi~, e.g.. consultation with an expert, extensive computcrized rcsearob costs. overnight travel. etc., you must s~k pre-approval from our office. While it is unlikely that you win need to travel out of the County during the course of this case, you will be limited to County per diem rates for meals, mileage, etc., if such travel is necessary. This representation agreement will also be contingent upon your disclosure to Mr. Mudd that you are a self-insured entity. For purposes of the representation, you have received a copy of the complaint filed by Mohen Thampi against Mr. Mudd and also a copy of a motion to dismiss filed by Jacqueline Hubbard, Assistant County Attorney, on behalf of the County. Mr. Mudd may be reached at the Office of the County Manager at7 74-8383. His worlcing hours are 8:00 8.m. to 5:00 p.m. After you have had an opportunity to meet with Mr. Mudd, I strongly encourage you to contact Ms. Hubbard who is in custody of many relevant documents in the case and also to confinn any understanding of the extension of time agreement. I have also enclosed for your review a copy of Collier County Resolution No. 9S-632. This resolution outlines the payment authorized by the Board for the representation of Mr. Mudd. 1 ~ Agenda Item No. 16K7 April 12, 2005 Page.7 of 9 - If you have any addiûonal questions or concerns or if you wish to discuss any other issues concerning payment, please do not hesitate to call me. Otherwise, please execute this letter in the place indicated and return it to me. We look forward to working with you in the joint defense of the referenced lawsuit. Very troly yours, David C. Weigel County Attorney DCWlrem enclosures cc: Michael Pettit. Assistant County Attorney Jacqueline Williams Hubbard, Assistant County Attorney I hereby agree to the terms of this retention. 2 0./04/DI 15:20 PAl 23'283710. Law 0Ølœs of Agenda Item No. 16~ 02 April 12, 2005 Page 8 of 9 Eric J . Vasquez ErkJ. VuqIiea. ...* JeIhy A. Wood. BIqø.fq IlOO lllldaA--....... SIdae 201 . . ~ .....MlllU145 ""-: (289) ~ )fa: Ø3PJ -.n64 ""'_.It. v...... .I!IquIre- f1I~ *... I. ~ ...~ , April 4, 2005 David WeipJ, BIquire 0f1iœ of the County Attorney 3301 Tami.~i Tran But NIpIea. Florida 34112 VIA FACSlMILB; (239)774-0225 Re: Moltøn 17uI1IIp; v. ColltÐ- Co""ty Board of Cø1rØlltulo1ltln. at al. UDited StateI District Court, Middle Dútrict ofPlorida Caso No.: 2:04cv-441-JBS-SPC Dear Mr. Weip1: Please let me be&ín by thê1lJriug )'Ou for the opportunity to repreICat Mr. James V. Mudd, CoDier County Attorney, in the above referenced mat1er. I met with Mr. Mudd OIl. Friday,April1, 2005 to discusslepl ~ aacJ the Ïlluea, in the tefeœnced UIatIet. This 8110 cœfirmø my conversation with llCqU01iue Hubbard, BIquire from the County Aaorœy's 0ft1ce list week œprdiøg ftIþt~tation of Mr. Mudd act my fee for servi088. My fee forrepnl8eating Mr. Mudd wiD be $195.00 per hour. Je.ffreyWoocl. BaquiftI ia an 88Sociate ÎD this office. He will be 181Ìgø.ed dutieø with regard to 1he refeœDced mauer. Mr. Wood's time is billed at $165.00 per hour. BncIosed pleue find the dec1araâon page for my 1ep1 malpractice iDaurmce covoraac. If you have IDY quelÛ0D8. pI.. feel free to caD. Otb . fhIDk you far )IOUr....tion to 1bia Ift__. Very BIVI BadoIu.tw cc: .J1IDeI V. Mudd .;. ,. "~':"'-"'!):~'~'-".' '..... -.".... "'-:1:'" ..".-:... , Aaœ INsUIW'IC& COMPANY (A ..'1: n.....",. ",... 'MJJII JMU'.....I, 1103 Agenda Item No. 16K7 ,.t..priI12,2005 _ P~90f9 .; " 04/04/05 1&:10 FAl 118Z031184 AaaI INMIMNCB G..-p ..... ......AllllCII IIIIt.... LA WYIRS PaoflSllONAL LIABILITY INSlJRANCI PouCY TIIø ISA CUIftØ-MAD6 ANDlI.EI'ORf'£Ð Poucr. 1'1.&486.BVlEIY YOU.I'OLlCrCAUnJl.£Y.. THE POLIC'f I., UMm:D m £IABlLIT'I FoR ONLY f'H()SB CI.AIMI THAT AIfE FlRSr MAor AND R£I'OII.T£D M1.f1NSl' THE INSUUD DURING THE I'OUCr 'ElflOD. DICLAJt4'nONS Pelley "_bel': l1LPLI'10601 BaewalIf: NEW ITEM I. . NAMID INSURED'AND ADDRUS ITEM 2. PIIODt1CU HAMI EareJ. VASQUEZ. P.A. 900 SIXTH A VSNUI SOU'I'H. SUlTl20 I NAPUIII, FL 34102 ALLSOO'11I PROPElSIONAL LIAafUTV I'I'Dit 3. PoucYPuIOD 05111103 To 0511... 12...1 A.M........,... ............ .....,. ..... ....... I1'DC 4. LIMIT U"IIUTY S2!Q,ooo 5500.000 BACH CLAIM .AOCJWIOATI! CLAIM IXPINSES INCLUMD 11DI S. DlDVcn.... ss.ooø PER CI.AIW ITEM 6. PRlMtUM ".,..5.00 AIotOUN'I' No. OfLAWYIII 3 ITEM 7. FORNI A.nACHED AT IsIlII: 05 LPLD0090 00 02 03., OS LPLDOI9 00 02 03. 00 P1OOO1 00 02 03. 05 LPL0093 100203, OS LPLOIOl 00 02 Ø3 .,......,.............~...._"..~... ,.........................................._. J~I I. ............... .............................. ...e........IIIII.... . I....... -"""- i-ts .... DIll ø?JOIIm De NltW... .. 'hIa" Jfr~~ ~JIIIlUI".I'" '-';"05 ~DIM OS LPLDOOIO 00 02 03 ..........;.~......~.......,;:J""-~....'....:..':'. Agenda Item No. 17 A April 12, 2005 Page 1 of 38 - AVROW2005-AR7118 SHEET 1 OF 2 EXECUTIVE SUMMARY Recommendation to approve Petition A VROW2005-AR7118 to disclaim, renounce and vacate the County's and the Public's interest in the 60 foot wide right of way for Pine Street lying between Block A and Block B, according to the plat of "Immokalee, Florida", as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida, located in Section 3, Township 47 South, Range 29 East. OBJECTIVE: To adopt a Resolution to vacate the 60 foot wide right of way for Pine Street lying between Block A and Block B, according to the plat of "Immokalee, Florida" . _. CONSIDERATIONS: A VROW2005-AR7118 has been received by Engineering Services from William L. Barton, P.E., as agent for the petitioners, Pace Center for Girls, Inc. and Fred Gaston, requesting the vacation of the 60 foot wide right of way for Pine Street lying between Block A and Block B. The use of the vacated right of way will allow Pace Center for Girls, Inc., to reserve part of their existing property for future expansion of the Pace facility. Conversely, without the added right of way property, the stormwater retention requirements will take away the future expansion area. The petitioners own all of Block A and all of Block B. Pine Street was never constructed and there are no plans to construct this street in the future. Advance notification of the hearing will be sent to the adjacent property owners within 250 feet of the proposed vacation. Letters of no objection have been received from the following: . Collier County Transportation Planning Department Collier County Stormwater Management Department Collier County Engineering Services Department Collier County Sheriff's Department Immokalee Fire District Immokalee Water and Sewer District Lee County Electric Cooperative, Inc. Sprint United Telephone Time Warner Cable FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition. ,-.. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. Agenda Item No. 17 A April 12, 2005 Page 2 of 38 --- AVROW2005-AR7118 SHEET 2 OF 2 LEGAL CONSIDERATION: If the Resolution is adopted then Pace Center for Gir1s, Inc., will be able to use their portion of the vacated right of way for stormwater detention and this will allow them to reserve part of their existing property for future expansion of the Pace facility. RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for Petition A VROW2005-AR7118 for the vacation of the 60 foot wide right of way for Pine Street lying between Block A and Block B, according to the plat of "Immokalee, Florida"; and 2. Authorize the execution of the Resolution by the Chairman of the Board of County Commissioners and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. ~ PREPARED BY: Rick Grigg, Land Surveyor, Engineering Services Department. .--- Agenda Item No. 17 A A~~~~ ~i ~g~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number hem summ.ry 17A This item requir!!i5 that all panicipants. be sworn in and Ex Pane Discio5ure b~ provided by Commis15ion membere. RecomO'umdfftior1 to ApProve Petrtion AVR0\tV2005-AR7118 to disclaim, renounce lmd vaca1e the CQunty's and tt1e P\Jb¡ic's interest in Ihe 60 fo01 wide fight of Wfi'l for Pine Street lying between Block A and Blacl< 6, I1ccording to the plat of "Immok.alee, Florida". 85 recorded in Plat Book 1. PlJge 60. Public Records of Cof1ìer County, Florida, iecated in St!ctlon 3, Township 47 South. Runge 29 East. Meeting Date 4/1 ?i2005 9:00:00 AM Approved By Thomas E. Kuck, P.f, CUES Engineering Services. DirectDr D." Com~uldty Pi!lvl!lQPlnenl & Env¡roMm<!nt.at 5ervìc.e6 COES Ertgineering $6rviclØ8 2125i20(}5 B:27 AM Approved By Sandra Lei Exe-c:utlv~ s.ecretary Cornrnurlity Oe\lf!IOprMht & Environmental Services Admin. Date CommUlJity Oe'leJapmen't & Environmeflh~ Services 311/2;')0$ 11:46 AM Approved By Constan<:1t Ä. JohO\ìon Commu"ity Development &. F.n....irontn&.ntill Sr.tvk:~6 Opcration¡; Ana!yst ComlTlIJl\ity Dev&lopl'1c"t & f.nvitoomœnbJ ServÏC'"AII Adm¡l1. OilW 3/1/20D512:24 PM Approved By Joseph K. Schmitt Cnmmul1lty Df!....~lopment ß. En'Jironme-nhil SeNic\!!s Adminøtr.ôltof Date Cal'l'Irtlunity Oe....elo'lfllent & Environmental Servict!s CQrnmunit~ Development & Environmental S<!\'rvicc1i Admin 31){200& JO:46 AM Approved By OMS Coordinator Admini5tratwp Ani:.t..nt Date County Mun..yer'tI Office Office of M.anagement & Budget 3.'412005 2:09 PM Approved By Mark IncksDn Budget Al1a¡yat Date Coun1y Menagar's O'f¡ct'l Office of Management & Budget 3/15i2005 12:17 PM Approved By Michu! Smykow5kl Management & Budget Dirt:cto' Date County Maonger't¡ ONìce Olfke of MIII""9~ment & ßudget 3/15J2005 12:49 PM Approved By .J.,mcs V. Mudd County Ma.n¡¡ger Date 8uard of County Cot'llnlltlSiUl11!rS CQunty Man:!1:Je.'a Office 3/15l1005 9:13 AM .-- ---'''''- Agenda Item No. 17A April 12, 2005 Page 4 of 38 RESOLUTION NO. 2005- A RESOLUTION OF 1HE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VROW2005-AR 7118 TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TIlE 60 FOOT WIDE RIGHT OF WAY FOR PINE STREET LYING BETWEEN BLOCK A AND BLOCK B, ACCORDING TO THE PLAT OF "IMMOKALEE, FLORIDA", AS RECORDED IN PLAT BOOK I, PAGE 60, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, WCA TED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, WilJiam L. Barton, P.E., as agent for the petitioners, Pace Center for Girls, Inc. and Fred Gaston, does hereby request the vacation of the 60 foot wide right of way for Pine Street lying between Block A and Block B, according to the plat of "Immokalee, Florida" as recorded in Plat Book I, Page 60, Public Records ofColJier County, Florida; and WHEREAS, the Board has this day held a pub1ic hearing to consider vacating the 60 foot wide right of way for Pine Street lying between Block A and Block B, according to the plat of "Immokalee, Florida" as more funy described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation win not adversely affect the ownership or right of convenient access of other property owners. NOW, 1HEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's right of way interests over and across the fonowing 60 foot wide right of way for Pine Street lying between Block A and Block B are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public·s interest and for the Pub1ic's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of2 Agenda Item No. 17 A April 12, 2005 Page 5 of 38 BE IT FUR THER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing and the proof of publication of the notice of adoption of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of , 2005, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chainnan Deputy Clerk Approved as to fonn and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Page 2 of2 DESCRIPTION OF 60' PINE STREET TO BE VACATED ALL THAT PART OF TOWNSITE OF IMMOKALEE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 60, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE 60' PINE STREET (PUBLIC ROADWAY) ADJOINING LOTS 9-16, BLOCK A AND LOTS 1-8. BLOCK B LYING BETWEEN FIRST STREET AND SECOND STREET OF SAJD TOWNSITE OF IMMOKALIT. EXHIBIT "A" SHEET I OF 1 AVROW200S-AR7I1B CONTAJNING 24000 SOAURE FEET MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BY --- -- --~--~~L~-~l~~--------_____ JOHN . BOUTWELL. P.S.M. LSI 3934 eER T[ OF AUTHORIZAnoN /L8-43 R/W = RIGHT OF WAY . P.B. = PLAT BOOK DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. UNLESS A COMPARISION IS MADE, MEASURED BEARINGS AND DISTANCES ARE IDENTICAl. WITH PLAr VALUES. rr= OAK STRŒT 60' iVw I I ~ f I I I I I f I I I . I I ~ Ò 2 3 4 I 5 I 6 7 8 I I c::i I I 'ltl :! I I tB' I B L t:J C K I A I' I I 400.0' f ~ ~~ I 20' ALLEY VACA7rD O.R. BOOK JSU, PAGC 1637, P.R.c.c.F. 0 ~ 50.0' 50.0' ~ 0 J I I I I 8 " I I c:: B L deK I A I ~ I Ò I I .... I I ~ 16 15 14 13 I 12 tt 10 I 9 - I I I I I I I I I I I J I I I I 73 14 18 17 ~ I 2 3 t BLtpCK I .., : 5 I B 6 7 8 REFERENCE 4H-732 AND 7H-17 :><:\ 26.2004 - 10:24:13 KRlI,AESIX:\SUR\045S1\IH17....d..g .. Nor A SURVEY .. Wi/.MIDer _. ,....,.................... L--.,........ ........c-.... .........œ·. ... .""'.... ..... . .................. ."-~a: .........-.....~--.,.., ---.",--. CU£HTI PACE CENTER FOR GIRLS INC. SKETCH OF DESCRIPTION PINE STREF:T TO Sf VACATfD TOWNSI7F OF IMMOKAl.EE. P.B. 1. PAGE 60, COLLIER COUNTY, FLORIDA 1111.£: -- DIJt: OCT. 2004 PIIOoJECT NO.:'· 04581 SI€E1 I«MII:R: F1LE NO.: 1 OF 1 1 H- 17 A CÐ Agenda Item No. 17 A April 12, 2005 Page 7 of 38 Attachment" A" PETmON FORM FOR / , VACATION OF ROAD RIGHT-OF-WAY PI96E -oF Z R" ¡zok:./Za::J5 - R£ 71' 8 Date Received: ::r~Al. rq r~&S Petition #: I Petitio.er: 'PACE Cþ~ f=0l?- 4:/rlL5, IN'-, Address: "Zp t I".. __. er- Telephoae: Z?/j. /:,57 I z 400 City/State: I H H 0 KA L,lE~ I ¡::::-i- Zip Code: 34-142- Agent: vJ I LL i-h-~ L. ßA ~'rðN J P. £, Address: ý/05' ¡JIIL.U Cf!.., G. TeIephoae: 23Cf. 4-35, 3g!?() CitylState: AI A P LG- S J ~ c..... Zip Code: 3 +, QZ Road Name: 'y; t..JE. ST"{Z..Ë£·{ ·~·Íl.\JE€)J I 9"'" {2~ f~r.s Location: Sectioa 03 Township 41-5 Ra-. z q £. Plat Book I Pa«e{s) ~ Legal Description: LO'TS / -1ft:> , ßL K A j ",-"riD k:. AL£Ë. Current Zouing: c·- 5 I Reason for Request: 40(;) I T,\'J"'"A.~ L,i:¡r.Jt,;¡'t+ ," tJJ-.i I¡\..{ P l.OV~ j lJ~r:::L.ES5 SE<=DO,.J of 1</.¡j Does this affect density? 1'10 I hereby authorize AgeDt above to represent me for this pedtion: B3 Yes 0 No ~JhJ ~p~ Signature of Petitioøe ~('IJÇ{l ~ft ~~..thr-lbr (}ìr1s Print Name IO'd'1-0f Date Ðcu,ÆVL J;>ìr-tc.for (Title) Please see "Policy and Proc:edare on the Closing aad VacatioD of Road Rigkt-o£..Way" for the list of supportive materials wkick __ acco_pa.y tltis petitiou, ..d deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horsesboe Dr. Naples, Florida 34104 (1) If applicaot is . laad trast, _icate the ....e of beIIeficiaries. (2) If .pplleaRt is . eorporatio. otller t.... a public eorporadoD, indicate tbe name of offICers and major stockholders. (3) If applicant is . partaerslaip, Ii_ited partDersbip or other basiDas eatity, ¡.dicate the name of principals. (4) List all other owners. Attachment «A" Page 4 of4 --.---....- Cð Agenda Item No. 17 A April 12, 2005 Page 8 of 38 Attachment'" A" ,: PETITION FORM FOR VACATION OF ROAD RIGHT-OF-WAY P¡:¡G,E Z t:ÞF Z ~\.J IZ.O~ ZOOS-R e '7118 Date Rec:eived: ::r t=1 N. fer) ?t:::JC:L&:5 Petition #: Petitioner: ç IZE 'D brA s "rt>A1 !to ;.J, ~ StREEt I t-H·..f 0 K A- t. E E. Telephoae: 2;/1, &'51, tot31 Zip Code: 34-1 4-2- Address: City /State: Agent: WILL/A~ L, 8Aï2:rONJ p,E, Addras: 1005· ¡Jlll-M C£, 6. Telepho.e: Z~Cf. ~5, 3.f/('Ò CitylState: AI A P L£ 5 ¡:: L.- Zip Code: ~ 4-1 0 Z. J Road Name: '-Pi "-JE S TTZ-£E"¡ 13 ETo.:> E EN t ~ 4 2 I~~ 'STiÆ:ETs LoeatioD: SediOll 03 Tow_hip' 4-1-5 ~ z q £ Plat Book I Pa&e(s) ~ Legal Description: LO"TS f- ~ 8L I<.,f!::, ¡I-lHo k:. ALeE. ¡ ) c. .- Correat ZoDiøg: -- '::> Reason for Request: 4001 TCT"AL. l£¡:ùl:qíl+. t..,¡.J ...fPIZ.OVGD. t.J'sE:'L..ESS SE<::.Tio¡.J of R/.¡j . J Does this affect density? /'10 B'J Yes 0 No 1/-/fr-ð9" Dater Fi'Z6D 4AsroN Print Name o LUNbK.. (Title) Please see "Policy aød Proœdare OR tile CIosiøc _d Vaeatioa of Road Riglat-ot:-Way" for the list of supportive materials wldeb BlIISt accoDl....y tIüs petitiOll, _d deliver or mail ro: Community Development & Environmental Services Division Pla..ing Services Department 2800 North Horsesboe Dr. Naples, Florida 34104 (1) If applic:aat is a Iaød tnst, iadieate the IIIUBe of beoerlciaries. (2) If applicant is a corporatioB otller thaø a public corporatioo, iodicate the name of officers and major stockholders. (3) Ifapplic:aat is a partnersbip, limited partnership or other busiaess eotity, iDdic:ate the name of priocipab. (4) List all other owners. Attachment"A" Page 4 of 4 Agenda Item No. 17 A April 12, 2005 Page 9 of 38 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 541282 Date 1/27/200511 :52:51 AM Post Date 1/27/2005 Nbr Appl Name: WILLIAM BARTON, PE Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 605 PALM CR E NAPLES FL 34102 Proj Name: PACE CENTER FOR GIRLS Type: TAZ.: 252/25 Subdiv Nbr: 919 Project Nbr: 2004040005 Payor: PACE Fee Information GL Account 13113832632910000000 Total AniOUnt Waived $1000.00 $1000.00 Payments Pa ent Code CHECK Account/Check Number 1700003042 Total Cash Total Non-Cash Aniount $1000.00 $0.001 $1000.00 $1000.001 Total Paid Memo: Cashier/location: GARRETT _$ 1 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:1/27/2005 11 :53:15 AM ~ 06/30/2004 16:19 FAX 904 359 3827 ~ .' PACE Center for Girls ~ COLLIER ~002 . Agenda Item Nõ. 17 A ¡ April 12, 2005 ! Page 10 of 38 /1 . I - I I I I . ,. I I I III , , I , I , II J , This instrument prepared by and Record and Retum to: DUNN TITlE COMPANY 4100 Tamlaml Trail N., 818. 1 Naple., FL 34103 File No.: 04-9041A Property identification No.: 61190040000 r W,ARRANTY DEED . ! ~'j~ ~.! . This Wamanty DeedI, mEllje 1he !.W. dElY of ,I2004.rbY PABLO GRIMALDO AND AGUSTINA AI.EJO GRIMALDO, HUS D ANDfmfE,: hereinafter called the Grantor, to PACE - THI~ INC., A FLORIDA CORPORA TIONj whose post office addreal!l is: One West Adams Stre8~ Suite 301, Jacksonville, FL ~2202Jhereinafter called the Grantee, ' ! ¡ (Wherever used herein the term'; -Grantor" and "Grantee" include éI!tI!Ie pìrties to this Instrument and the heirs, legél representatives, and assigns of in lV!duals. and the successors and assigns of corporations, wherever/the context 80 ad . or requires.) . ! 1 I WItnesseth, That the Gra ntor. I for and in consideration of the t of1$10.00 and other valuable considerations, n! ceipt whereof is hereby acknowlecJg . hereby grants. bargains, sells, aliens, remises, '1~eaS8S, conveys and confirms unto e Grantee all that certain land situate In COLUER ':;Ounty, State'of Florida to-wlt: ! All of lOt. Nos. 1 through 18, Bllxk A, TOWNSITE OF IMMOKALEEI.çcollding to the Plat thereof recorded in Plat ,Book 1, HIga 60, of the Public ¡¡COrdà of Collier County, F10rlda ¡ , I That certain parcel or tract of .Ind situ.. In Secjlon 3, Townshlp....7 South, ftmga 29 East, Immokalee, Collier ~)unty, Florida, toimerty an ....y, .d bound on the West by First S....et: bound on the North by Lot Numbers 1 thiough ., Block A. 'Townsite of Immokalee, acconUng to Ptat thereof .. l'8COrct.d In~at Beok 1, page 60, oftllle Public Recorda of Collier County; bound on the East by . ond'Street; and bound on the South by Lot Nul1,b.,. 8 through 16. Block A, Town of Immoka.... . according to the Plat thereof:u recorded In Plat Book 1. page 80, of the Public Records of Collier County, Flol1lda, containing 10,000 aquare feet, ore or Ies.. (0.22 of an acre, more or I...) \ AND Together, with all tenements, hereditaments and appurtenan~ thereto belonging or in anywJsQ appertaining. j To Have and to Hold, thtl same in fee simple forever. I ! i , And the Grantor hereby f:ovenants with said Grantee that thE( C?ran~r is '1aWfu11y seized of said land in fee simple; 'that the Grantor has good right and ~ul authoñty to seU and convey said . land; that the 91"8ntor hereby fully warrants the title tb said land and will defend the same against the lawful claims of éll persons whomS08ve~ and that said land is free of aU encumbrances. eXCI'Pt taxes accruing subsequent to Dermbe¡' 31,2003. Page 1 012 ~ OJ/,0/2004 16:20 FAX 904 359 3827 .. PACE Center for Girls .. t ~ I I I I I II I Warranty Deed Page 2 of 2 ... COLLIER¡.,genpa Item ~.oq; A 1 April 12, 2005 : Page 110f 38 f ~ . , In Witness Whereof, the ¡MId Grantor has signed and ...I~ th.~ p.....nts the day and year ftnat .boye written. I I ! í I I I I ¡ I h....by certify that on this day. before me, 811 offlcer duly auth . oaths and take acknowledgme nts, 'personaØy aPpeared 0 D AGUSnNA ALEJQ GRllljlJJKJ known to me to be the person(s) d~cri ,in and who executed the foregoing instrumel1t, who EK:k before me the Sb!x ~ecuted the same, and an oath was not laken (chtck on~ person(s) Isla personally known to me OR _ Said person(s) !)mvlded the tonowlng type of Ide"'"ft1on: . !. 1'Jød. ~n:Y hand and official aeaI In the County and State 181ft aforesaid thía~ day of V--' 2004. ¡ - , " Signed, sealed and delivered In the presence of: -AJðr'lJ (J-hnt/'~ ~s #1 S~nature -A.l0-r0 {.!.ht'Jl/f II!. P.rinted Name ~ Witness #1 ~ ~7t?41 Witness #2 Signature ~41f1~.J:)E .n?~~:- Printed Name of WItness Ø2 A.lf)flt n.ht í~? W,ü':: #1 ë.ignature !h('flft' II!. Printed Name of Witness #1 hJ~~ ~~I w~ #2 S~ture '\. CV T (¡., f/'III;c'7 Printed ,Name of Witness #2 .-... I II I , I II , STATE OF: FLORIDA COUNTY OF: COLUEft_ My Com,ml~ton expires: (SEA~~ ...... ....... _--J...,~~"""" ~ ~ , r' I tf~ J,1.-~'¿ PABLO GRIMAL£T'V r__..._ ! ~~t2 Addf88s of Grantor : ! &~ I r==j:~~42 Address of Co-Grantor , ; i I i ! . j ~ - r ø -'-C- . '\" - '. .:_ ;_,::_",~",._ _. '..;. ". ':,_,-::.._;_.:;;.'~C·", _.).;_~~: ,~~~.~.;,;}~{~~:: i,~~;~t:_,.'. AgendaJtettrN~Ù1~'.~"":':>'· . .. A.PtH.t2>2Òþ5:"~:"' Page 12s>1 38 ; Prepared byanq ret\,Jrn to: . MA¡~KC~ÓLSEN, ESQUIRE MORGANd OLSEN & OLSEN, LLP 315 NE3r Avenue, Suite 200 Fon Lal.Jderdale, Florida 33301 (j(\ QuitClaim Deed / " ... ". This Indenture, made this I;;¡ day of August, 2004 between FRED GASTON~a~"ingle";;;i / . 'mán,·anqCATHYB.GASTON,.a single woman, grantor*, and FREDGASTON;a$jn'gle:mal1;~',f<? ,... grantee"-who~e'post office address is 110 North First Street, Immokalee, Flori~a'34142,' ,~<;(~i:{-~~!;¡': i,', ~~granto(' alld '~gnant~ø" are used for singular or,plur~:. as context requires . .". '" .<, ",- .'\' ,--'- " . , '. . , . , ' .\N. TNE$~eTti: That said grantor, for and in consideratioìì of ~Ì1e sum of TEN AND No/10Q", ,~; DqL:LAA~ ($1.o.00) and other valuable considerations to said grantor in hand paid by said': " gr.an~ee(,the'reQelp~whereof¡s hereby acknowledged, does hereby remise; release'andqujt;i:>{, claim,;~9,th~;,~ai~:;t~rante~' and gra~tee'sheJrs and. assign~ forever, the foU9'M "!9'Çt:)~Çri:~,¡:;'>~' land.~Jt .Jate JylngançJbeh,g In Collier County, Flonda, to.Wlt: ' .. ~~.: '--~ "..: _:¿,~, '..-_'/"-'- "~~ '.; \, ,-7' "_: , ' : ' " ., . , - . . - ,~~Parcell: Lots 1 through 8, Block B,lmmokalee Subdivision, together with the North onð-half of a vacated alley which abuts Lots 1 through 8 on the South side thereof; af'd Lots 9 through 16,'Block 6. jess the Southerly 20 feet for roadway,' " .1!'ilrnok~eeSubdivision,.together with the South onrrhalfof ,& vac~ted alley which abuts Lots 9 through 16 on the North si~ethereof:alJ Q~ recorded in Plat Book 1,Page60,PubHç; ,Reêord~of Comer County, Florida. . .., .,.'.' < Lots 17 and 18, Block 8, less the Southerly 20 feet for Joadway,lrnmokalee Subdivision, together with the South one..halfof a vacated aUey which abuts Lots 1 " and 18 on' ">¡. the Nortnside thereof; arid Lots 19 through 24, inclusive.. ;:':;iw~~',atocka. ¡ess the Southerly 20 feet for roadway, Immoka!ee . : SUbdivi.slon, together with the South one-half of a.vacateq ..' '~=;£~:~~;~~ ~î~!~~41 ~~~~:~~J¿~~ /'::;1;;~tt'~1'"F; .' ..,'T9tfAVSANQc!OJ;OLD the same together with all anc singular the apP\.lrten~n¿e~:1:_::~i.::« thefeynloþ~19Q9irgor',af1anywise appertaining, and all the estate, r.ight. title,Ÿ'1tere~t,n~IÍ,;t.r"".t;,;,., . .......~~qµjty,fl'),cI':~m~~I?iit~~Vøf"pfJhe grantor., either in law or equity:, to theonl>",proP~¡;L.I~;e;\,ßR>·"'·"· .'.·.·.';.'r~~n~!t:~r~· ... .. ;Jf9ftr!.1:~~~~~~~Jorever~ . ....... ."'.' ..,. ........ ,'~J:i:3Y;.:,t:~i,:,~ . . ·!NNlltl'NE$SWHIÙíeÖFJ'grantor has hereunto set grantor's hand,and~eaJJ~.e'.day'anq!;·~·.~.,;;, . yeë;1r fit~l~þQve,wrltte.n. . .,' .~",""':, i' :.',.f;',:;" '. ~, . '.' ',. . " .;/~ :":" ':_~*:':: ii;',: :":~:~~>';:'.<,'< ;:-..,.....:-< 1 .. ·""·'N,,;¡,i,h;·j~"¡t~~" .' "~ 'The foregoing Instrument was acknowledged beforemethls .·J~T"dây:6t~:~.2ÔÕ4::';';i~'~~/;';¡i;.,{,¡ by FRED GASTON, ("Í who is personallykno\Nn to me or> ()whOhas,prod'tlêed:~:I:r::::f:gr~ as identification. '::::"·'~;:~.r~;~ - . ~.'-' ·:,STATE·OFFLORIDA ",-}:';r;",~/'~j ~OUN1'Y OF CoIl.'.... . .' . .' 'iI'l1,"",o'" ·.";J{:!::i:;~ The foregoing instrume9t was acknowledged before me this J 57 day of ÄI:I§ast, '2004 ' . ' , :' .'~ ;/ by CATHY B. GASTON, (V1 who is personally known to me or ( ) Who has produced.:;:!:.:-:;;:<.',:~) as identification.' ¡ · ~ ..~.".-<;"¡';"':,r: ;t: ~,~~~:":"':.:-,;';.:i.~'~~~;~: ~1$'ah2i.!ifi:...,Þ· :"ò\¡¡1¡::jj!~~ ~~~~1,:~~~icrr}~tft1}D\·.:¡j}¡Î~ ~.i'... ,. My Commission ExplreŠ:;Y^7-..fob . ., ... ~.".d,j' .'.,..~.. _ _~.. -.<, f. . .,.." "",_,..:.' ~. ~ ~-'; -' ' ' .~,-~;:'.::~," ,': ;-' ::.,- ,~:' ..'",:"., ..,::,-:·¿s~rt.· :':,,"-' . , "'",-.'. ,. ': -. /. ",.-:.-<:,_::,:,:~).~:~\:>, ;',~ ':",-"'~'~' :A{~",i. '. -~' - . . ,~..;. '.' - , .' ,.-"~ -, ,'.;- '" ... ' ., Witnesses: <~~.' ~::;~::: ,.:,¡:' .,C,?, .'fijr¡':/' ,....,ð. . j~J2;·~if(f.P:Ja~~· . ¡;<if)t!ntName f-7 f:/J:1¡t 'hhJ ~,~,;~~ "~ ~¡prt.nt Name' -, ~~t:. ¡.>t>v' '(I). . "~'a Marthd D. \WI'ICITIII I: . ~.. MY COMMISSION , 00093591 EXPtR£S :: r.brua:v 27. 2006 ..tr.. . . ", .. . 1OIIDEO;...u TtOY ft\follNSUlANCf. f C: . Q) Martha D. WRIiamt i \ MYCOMMlSSK>NI DC093598'£XIIIRØ ..: ÑI br\IQ~' 27. 2006 '. , IOIIÞEÞ1HIIUTtOY'AlHINIUWICUIC " . , ....;\;:\, ,..1t,;~,Agenda ···ltem ·N().c,1'tAr\;~\·;~i"~{f~·.Ç;' 'f' . . 'f. ,';;......f·· '., AprjI1:4~.,2.QP'5;'·;" ,;i, ':t,"': ·p.~ge J35>( 38 ' ,~. '.>". " . . - ~ . ~ :. ~'. :,,- ';.' ~¡'.¿,..,>. . ~; '...«,:;:~:,.:.;, ,: ,1¡~1~;~~~r ~:t;:~~hk~"/';, Print Name:ÌJ7;fI'~øD1..~1h'tlt!J.L " " My Commission Explres::tI~t..( o~ . '. . -' . :'~ :,..- .~. ' .~. <-' , , .'.".'-'-} <;¡.; ;. ;"W, ' 2 Agenda Item No. 17A April 12, 2005 Page 14 of 38 Statement of Dublic benefit in vacation of Pine Street. Pine Street is a 60' wide x 400' long unimproved, vacant, poorly maintained platted Right of Way. There are no current or future plans for improvements. The fronting properties are currently served by improved public roads on all three remaining sides and have no use for the Pine Street R/W. The general public is not served in any way by the R/W. i¡ i1 j ¡. ~ ~:: ::: .!I"'" ~-: i ~ . -- j «l.\JaJ I r; I w -OM . n i 0..... j ¡ 8 :'\/0 i i ;! ~~3~ LN-I.\J I I nu~~ .,-..... l E'E ~ II : : 1~ Ii t ~ ,2a.ro - ~1 i i -«Cl.. ~i ~r ro "'0 .~ C ';3 1: Q) ! !~ ! 0> .~ ~ It ,. i1 « J~ !: ! h ~ ~s ì1¡ . ~ _ t ! IE t = = u h . ¡ .11 11 oJ< ;~ '0 ~ I.., i,olq,,, !. Ie; ,"-.. ~ "'I \.... '1 ~~rt ~ ~ '1 ~ ~ p..);: ~" [:1 ~ ;'-1~~ ~ "";:¡'~'jß'~-i~"í ~'4."'J. .11~I~ ... ~ pi ",-:( .J" ~ ~ ' j .J t ~ ~ ....... .... ...-~ r ." ti J'I . ~-j~51't "'1 ~--t ¿ ~.!.: ' ~~!:: {:.{;F.2: i -1 ~ .j .... U II ~- '. '. .:tI~J1::"'"1...,¡, ,,;J ! ~ Yo ".. "1,<'" ~ t j.~ '[j ;.;. ..·(i"..;· .~¡t~~'ir!¥>· "../ ~~ 1.(t i·~ ~,.~ JQ ~ (~b~ t f~ [ ',' .5 ,. , ,-. J. I' f. ~) ; :.\ .~ ~"),~". .H;')J:I.,; 1-..,j ".,...;.¡ . Q ~ 4"'· ..' .' .. '¿". . '~ ~..:.. J Þ 'r'!;, ''';).J.....{:·~d,.;.; t ~ ,j ; ¿ ~ ~ '~ ,!.' t 4-, ~ j{1o 4 n .;... ,.. r <I ~:-: j "'.,.:;; -; II"A ¡" t-... ~ r ,"'.f' ~ ~;.. "~.... <j ." <¡"'IÇ .¡ .-{ ~~ ¡: A .~"~ , i" I' ~.4. ':'- 1 t H^ , .í ~ ~ f. J d 1 J ',,"'" . eL. -., ¡ ~¡! J .. ~ j. r "':1'1''''' ¡.5 ( d ¡ ~.:ð':¡~ 1 ~ ~i ~ r~~~~r .. _~ Jf I'- _-f r-,(1'" 'J - , ! Ii s' ª 1'. I ~ª ~i ! ~.: ~ E ;ð ~ ~ Ð n i U I i m ~ i~a: ! ! . eR_, 'I I - I h ~ . "b- III L · I !.i i ŠÊ 15 a h . ... .....~ 1I11Ti,; ...."-. " ~ fJHhH1J ~ 1';(. ) t 1~ ~~'\'~}H'f. ) 't:: , , ~~z ¡J tO ~~1~ . "~I " i~ ""¡~'t. ~~~I-t".>i, ..:'V ~ ~ r'~ ~~~4 \ ,,: . t "' í ~ H¡~htiHl1:~ ~ "J -(~ I ~ ~ ,~~~ .. , t!. Itn~~~:f~H ~" ~ p. h"'5~~tP. n ,; ~ .~~;:,..~ ·~'-~c:t ~, \ · '- :~,. ~ I~ri\ ~, , ", .. ~~i; ~-'t ~ ~ ~ ì ¡ .~ j iilrl~~~~~~~ \,,:1 "~"i~ h"~:¡...~ ~~ I ~ i ~~H~'~ ~, ~ ....... H~ .~..~., Il'.~,· .;" ,.,;.: .'r ~ . .'/ i, . ~t!~ } ~if }~~~~ : ~~ 'i1~J: t it ~ I ~~ij.~ ~ Jri ; J' ~ti~~ ~ {\ . ~ th.,~ . {~ ~'. ~ ~~~'l-U t 1 ~i iJ H~t.f ; ~ ~' ',' ....~~~~ .~'i ...." ~ lIt~;~~ .... ~ ),' ~ ~I J~~' t ...~ ~ \~ ~~ ~ \i ì~ Ii ~t~ ~ i &" ~ ~~" ~, ¡ 1.1 ~ ·~~:cth'~ ~ i ! ~.s-' I ~ ~~ i ~ :ht~¡ g l~r.~~ ~o{i~~~! !' ~E..~ "1 ~1~~t1~ ~ ~~~ ~ H~~H; 1~ r~ ~ ~ Ü~ft~ ~f I~·:).· , ~ p¡,~ ~~ !~m\ I ~ t'~iM ~~~\ ,_. tMt~~~~¡ .. t~ ~ t '<1<d~" "., ~ I, )t~~.. ¡ù' .'" i 4~~'~'t,·. .!,,: t ~ "t"~ ~ l ~ !\l~ ~ "'i '''~' ~ ~:'"." I~I. . ~~ I~ t:,~ ) !t: I~ i~" ~ ~-t- ' i ~ ,~: ~ ~ ,,; f ~ ¡(,., '¡. ~;" )1 .)~ .~ ~ .~ i ,~...~t .~(J.,) ~ }.~. \ ~C. ~ ~.'I:' 1~~. ~ l~ : .~,<~ ~!~'1 r~\:' }..c;,:! ~Nir ~~ '\, r ···..·..1"n ¡ ~.. ct:~ " ," , " .' ~ .. " Parcel Agend¡~ N8f1~ A April 12, 2005 Page 16 of 38 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2004 Tax Roll Inquiry System OWNER INFORMATION Name:IIGASTON, FRED Address: ¡110 N 1ST ST Address;1I Address: Add ress: II Address: IMMOKALEE FL. 34142-3702 I VALUE/EXEMPTIONS I Market Value: l84500 I Taxable Value: l84S00 I Millage Code: OOS I Homestd Ex: O Agrict1r Ex: O Widow Ex: O Blind Ex:llo Disabled:IIO Veteran Ex:llo Wholly Ex:IIO Civilian Ex:llo I TAX INFORMATION I County:11351.68 I School 51:11320.17 I Schoolloc: 20S.42 I City Tax: O.OO I Dependt:11163.24 I Water: 44.49 I Independ:1I261.63 I Voter Appr:llo.oo I Gross Tax: 1,346.63 I Appr fee:llo.oo I Advertising: O.OO I I PROPERTY INFORMATION I Parcel:lls1190140007 II Acre: 1.29 ŒJI416500, IMMOKAL.EE ~IIMMOKALEE BL.K B L.OTS 6-16 & I L.egal: VAC EJW 20FT ALL.EY ADJ TO & I Legal: L. YING S OF L.OTS 5-8, L.ESS SLY I L.ega1:1I20FT OF LOTS 9-16 FOR ROAD RIW I PAY TERMS I PAYMENT INFO I I Nov: 111,292.76 Paid Dt :1111/23/04 I I Dec:1I1,306.23 Recptll46079 I I Jan:111,319.70 Mach: 1109 I I Feb: 1,333.16 Paymt: 111 ,292.76 I I Mar: 111 ,346.63 Mort: 110 I I Apr: O.oo STATUS INFO. I I May: O.OO Non Ad Va:IIN I I Now Due: O.OO I Installmenl: N I Deferred: N I I Bankrupt: N I I TDA:IIO I :\~'j~!",...,¡',..~:~~ ~',.: =··.·:··;·~·~f:-; ',,' /. ': I ~. hI Last Updated: 1/24/2005 5:00pm http://www.colliertax.comIRecordDetail.asp?FolioID=51190140007&TaxYear= 1/25/2005 Parcel AgendaP¡t~ ~8.97 A April 12, 2005 Page 17 of 38 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2004 Tax Roll Inquiry System OWNER INFORMATION I PROPERTY INFORMATION Name:IlGASTON. FRED parcel:1151190120001 II Acre:UO.69 AddresS: 110 N 1ST ST ~1110 N 1ST ST, IMMDKAlEE (Map) Address:1 I Legal:IIIMMOKALEE BlK BLOTS 1-4 & N Address: ! ~hOFT OF EIW VAC AllEY ADJ TO & I Address:1I ~IL YING S OF LOTS 1-4 I Address:IIIMMOKALEE. FL 34142·3702 Legal: I VALUE/EXEMPTIONS I I TAX INFORMATION I PAY TERMS I PA YMENT INFO Market value:1170916 I I County: 11295.15 II Nov: l1.084.95 I Paid Dt :1111/28/04 Taxable value: 70916 II School St:11268.70 I Dec:111,096.26 I Recpt: 1154340 Millage Code: loo5 I SChOOIIOC: l172.40 I Jan:I 1 ,1 07.56 I Mach:1 09 Homestd Ex:I O I City Tax: O.OO I Feb:111,118.86 I Paymt:1I1,084.95 I Agricltr Ex: O I Dependt:1I137.00 ¡ Mar:I 1,130.16 I I Mort:llo Widow Ex:llo I Water:1I37.34 I Apr:llo.oo II STATUS INFO. Blind Ex:UO I Independ:1I219.57 I May: 110.00 II Non Ad Va:UN Disabled: 110 I Voter Appr: O.OO I Now Due:llo.oo Veteran Ex:lIo I Gross Tax: l1,130.16 II Installment:I N Wholly Ex:llo I Appr fee:llo.oo I Deferred: N I I Bankrupt::I N Civilian Ex:llo I Advertising: 110.00 TDA. \O ~·:f}f-'·'·· , .1 1~1:~11 ~~1i ""I 1~1i;;j¡" " :'" I I Last Updated: 1/24/2005 5:00pm http://vvww.colliertax.comlRecordDetail.asp?FolioID=51190120001&Tax Year= 1/25/2005 -'~~....._--- 4:1.0 co I'- 0 ""..u ..- 0 '+- ¡. ~o "o'-~ 0 ZNoø~~ ............ - Eoe ~ lBa.ro -4:a.. ro -0 c: C]) 0> 4: 'I;f . ~ , -~- " - - J..--& ,.....I~"" ....." :o._ ......... 1 I~I.~-~_ ~ '-,_ I I I ¡tr), (0'- ",_... - - - _~Z"OJ",J," - -_ 'I , I ""', 10, -.,. _ ' ~ 911 ~O - " - I I I 'I (7. I Q ì - r- _ I Z"¡. - - - : :' I I....';:-,{'\(I , I I I ' I ,...., I I I 1 I 1 , _ ~ _ ~ _ ~_ _:_ _1_ ~ _1_ _I _ ~ _ . _L _ _ _ _ _ _ _ _ _ _ \ Ð_ _ _ _ _ _ _ , U') II U) , I . _ _ _ _ _ _ _ _ _ J \- - - - - - - - - - I ' 1 ' r-- I ---------~ ,______--- I ('I) I I , , .----\ r---------, I I 0 , 1 - - - - - -,' 1- _ _ _ _ _ _ _ _ "1 , I l ~u~-j¡----~ --1 - - - ; - - i-I: : - - - - -~ -- -1 :! ' I - - - - - -, j - - - - - - - - - ('I) I , ~ , I .... _________~ 1--------- 8 :: 1 1 -----1 ¡--------- U) t- CJ) I 1m ~ ~ < o t- - @ @: I <0 0- S! ... \ ~ ffi ... GO ~ ® II. Ž w I s I ! ' 0, 1 -, I rc;;i, (~I " " ~ ~ ~ CD .is ,...... . a: en t "-.. - ". "~" z < ~ 'IJi'...,¡ ..... (/) e I ......, I I , U') ,.." CD CO) .. I - " .............. I ~ ..: ¡- " " 0 ~o '1..,"7" - - ~ I~I ø;:;-.- _ _ CI I"^. -" I.'.!,)I-~_" va , I 11:"0, ""', ",_..._ , I I 1100)' -- I..... 1 , I' I -,....'- I I I ,.... I.... I C\( I I ,.... I , I I I I I I I , I I I , I I I ' I I I , I ._.1_ L _ __J- __ _L. _~__.J._--I...._ - - - - - - -- - - -, ~ - - - - - 1 I I ~ , ('I) 1____ - I ~ :"\ I aNO~3S t- V) w w ~ i :! z « ::E I , I ~ I I 1 r , I 1_ _ , I 1 r I :-1- w .., I (]J I , ------.---\ r-- ~: -- - - - -- - ~ -: U) ::E 1 ::EI - - - - - -- - -= Î U') I ¡- - - - J- - - - , C" - -- , - 1 i I - - - - - - - - - ..,. ('I) E); _________J t 1 I -----.---..¡ I ! I tl ~ -r ..1.. ~ I t --- , - .,. (' e (§) e (cÒ'1 I r;n" 1 ....J 'Ç..I I g¡ ...... I ~ @ 0 01) ~ t- <0 , '" -----@- I I I e I I W I ~ I~ - 1 1 - - J ffi , I I I I ® ~ I , I Ie Q , -------- I I I i \ 1 , I ~® I S! ...... I ~ I ~ 1- ~ ~ t:: I ..- ...... I ® , I --------- I 1 ®: ® 1 I - Ie -I ~ 1 I 1 ¡¡¡ .. -... II. aNO~3S ž w I ,., r QI .. t · . 1 10 1 :i ~ ® (;:'\ ~11 -- Map Output Page 1 of 1 Agenda lteTT1 No. 17 A April 12, 2005 Page 19 of 38 JlD~IIC. J" http://arc.collierappraiser.comlservlet/com.esri.esrimap.Esrimap?ServiceName=ccpa _ desig... 1/24/2005 m<..,.__..~^ Folio No.1I81681560001 Map II -- Current Ownership Property Addressll127 1ST ST N Agendrß~~ ~~ h A April 12, 2005 Page 20 of 3[' Details Owner Name ORTIZ, MARIA DEL SOCORRO V Addresses 127 N 1ST ST CIq IMMOKALEE II Staten FL H Zlpll34142 - 3701 Legal~ :RED WHIDDENS BLK 4 LOTS 1 + Section ; Township Range ·11 Acres 04 47 29 0.25 Sub No. 711400 WHIDDEN, FRED '1J Use Code 1 SINGLE FAMILY RESIDENTIAL I : .... I Map No. Strap No. 2E04 711400 412E04 --t -t MlßBg§ 5 1 5.9365 2004 Final Tax Roll Latest Sales History Land Value $15,400.00 (+) Improved Value $19,558.00 (III) Market Value $ 34,958.00 (-) SOH Exempt Value $0.00 . (=) Assessed Value $ 34,958.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 34,958.00 Book - Page 2826 - 2876 Amount $ 35,700.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?FolioID=0000081681560001 1/24/2005 Folio No." 81681800000 Mall II -- Current Ownership Property Add.....11 219 2ND ST N Page 1 of 1 Agenda Item No. 17 A April 12, 2005 Page 21 Of3~ Details -.,. Owner Name GRIMALDO, ADELAIDO A Addresses 2506 2ND ST E CI~ LEHIGH ACRES If Statell FL II ZIDII 33972 . 5466 Legal~ FRED WHIDDENS BLK 4 LOT 3 Acres 0.13 Section 04 Sub No. '1J u.., ç~utt 711400 2 2004 Final Tax Roll Latest Sales History Land Value $ 6,738.00 1+llmDroved Value $ 4,603.00 (-) Market Value S 11,341.00 H SOH Exempt Value SO.OO (-) Assessed Value $11,341.00 (-) Homestead and other Exempt Value $0.00 (-) Taxable Value $11,341.00 Date Book· Page Amount 031 2004 3529 ·1828 $0.00 03/1995 20ä~1'§.l§ $0.00 SOH = "Save Our Homes· exempt value due to cap on assessment Increases. - The Information Is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp?F olioID=0000081681600000 1/24/2005 -- Current Ownership Folio No.D 81681640002 MaD I Property Addressll121 1ST ST N Agendfff~ ~8~ 17 A April 12, 2~..O Page 22 o~ Details Owner Name GRIMALDO, ADELAIDO A Addresses 2506 2ND ST E City LEHIGH ACRES U Statell FL n Zlp8 33972 . 5466 Legalft FRED WHIDDENS BLK 4 LOT 4 Township I Range Acres 47 29 D.13 711400 WHIDDEN, FRED 12 IMPROVED COMMERCIAL Section 04 Map No. 2E04 Strap No. 711400442E04 Sub No. --e Use Code -'e 5 2004 Final Tax Roll Latest Sales History Land Value $ 6,738.00 Date Book - Page Amount (+) Improved Value $ 22,985.00 03 1 2004 3529 . 1828 $0.00 (=) Market Value $ 29,723.00 03/1995 2036._~. t5H. $ 0.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 29,723.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 29,723.00 SOH = 'Save Our Homes" exempt value due to cap on assessment increases. - The Infonnation is Updated Weekly. http://www.collierappraiser.comIRecordDetai1.asp?F olioID=0000081681640002 1/24/2005 Folio No.1 81681680004 ~ Agendl¡f~ MJf1~ A April 12, 2005 Page 23 of 3(æ) Details OWner Name GRIMALDO, ADELAIDO A Addl'8S$ØS 2506 2ND 8T E City lEHIGH ACRES II Statell FL II ZlPr 33972 - 5466 Legal~ FRED WHIDDENS BlK 4 LOT 5 711400 o Acres 0.13 "fJ Township 47 5 "ôMl.lllg§ 15.9365 2004 Final Tax Roll Latest Sales History Land Value S 6,738.00 (+1 Improved Value $0.00 (=) Market Value $ 6,738.00 (-) SOH Exempt Value SO.OO t=1 Assessed Value $ 6,738.00 I t-) Homestead and other Exempt Value $0.00 (=) Taxable Value $ 6,738.00 Date Book· Paae Amount 03 I 2004 3529 -1829 $0.00 0311995 ¡Q3..6.~151e $0.00 SOH = ·Save Our Homes" exempt \talue due to cap on assessment increases. -- The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp?F olioID=0000081681680004 1/24/2005 Details Folio No.D 81681680101 MIR II -- Current Ownership Property Addressll NO SITE ADDRESS Agendf~~ N8~ f-r A April 12, 2005 Page 24 of 38 Œ I Owner Name ZUNIGA, LUCY Addresses 331 ADAMS AVE W City IMMOKALEE II State" FL II Zip. 34142 - 3109 Legaln FRED WHIDDENS BLK 4 LOT 6 Section 04 Township 47 Range 29 II Acres 0.13 Map No. 2E04 II Strap No. 7114004 62E04 711400 o WHIDDEN, FRED VACANT RESIDENTIAL 2004 Final Tax Roll Latest Sales History Land Value $ 6,738.00 (+) Improved Value $0.00 (=) Market Value $ 6,738.00 (-) SOH Exempt Value $0.00 (=) Assessed Value $ 6,738.00 I (-) Homestead and other Exempt Value $0.00 (=) Taxable Value $ 6,738.00 - . - - Amount I $0.00 Date 09 I 2003 Book· Page 3393 - 2021 I SOH" ·8ãim OUt Hº",~- exempt vª,ye dye to cap on assessment Increases. - The Infonnation is Upclated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=0000081681680 1 0 1 1124/2005 Folio NO.~ 81681680208 MG I - Current Ownership Property Add.....!! NO SITE ADDRESS Agendfff~ N8.fhA April 12, 2005 Page 25 of 38 <i) I Details I Owner Namel ZUNIGA, LUCY I Add....... 331 ADAMS AVE W I City I IMMOKALEE a StateHFL n ZIDII34142 - 3109 Legal!! FRED WHIDDENS BlK 4 lOT 7 Acres 0.13 Strap No. 7114004 72E04 Section 04 Sub No. '1J Use Code 711400 o WHIDDEN, FRED VACANT RESIDENTIAL 2004 Final Tax Roll Latest Sales History Land Value S 6,738.00 (+) Improved Value $0.00 ,=) Market Value S 6,738.00 (-) SOH Exempt Value $0.00 ("') A.sessed Value $ 6,738.00 ,-) Homestead and other Exempt Value $0.00 (=) Taxable Value $ 6,738.00 Date Book - Paae Amount 031 2004 3529 - 1830 $0.00 09 1 2003 nu.~ .20.2.2 $0.00 SOH = ·Saw Our Homes" exempt value due to cap on assessment Increases. -- The Information Is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID=0000081681680208 1/24/2005 Details Folio No.1 81681720003 MaR II ..- Current Ownership Property Addressll NO SITE ADDRESS Agend¡~ N8! h A April 12, 2005 Page 26 of 38 G; I Owner Name AYALA, MA TEO=& NORA Addresses 207 WASHINGTON AVE City IMMOKAlEE I Staten Fl I ZlpH 34142 - 3133 legal FRED WHIDDENS BlK 4 lOTS 8, 9 AND lOT 23 lESS 20FT RJW Section 04 Township 47 Acres 0.43 Map No. 2E04 Sub No. "'fJ Use Code 711400 10 I WHIDDEN, FRED VACANT COMMERCIAL ~ 5 2004 Final Tax Roll Latest Sales History Land Value $ 32,900.00 (+) Improved Value $0.00 (=) Market Value S 32,900.00 (-) SOH Exempt Value $0.00 (=) Assessed Value $ 32,900.00 (-) Homestead and other Exempt Value S 0.00 (=) Taxable Value $ 32,900.00 Book - Page 1616 - 1788 Amount $ 50,200.00 SOH = ·Save Our Homes· exempt value due to cap on assessment increases. - The Information Is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp ?F olioID=0000081681720003 1/24/2005 Details Agendim N8!frA April 12, 2005 Page 27 of 38 Folio No.1 81681960009 Owner Name AYALA, MA TEO-& NORA Addresses 207 WASHINGTON AVE City IMMOKAlEE U StateD Fl II ZlDn 34142·3133 legal FRED WHiDDEN BlK 4 LOT 22 LESS 20FT RW Township 47 ~ Range 29 Acres 0.15 -'eMll\aø§ 15.9365 Section 04 ~ I 711400 10 WHIDDEN, FRED VACANT COMMERCIAL Sub No. --t Use Code 2004 Final Tax Roll Latest Sales History Land Vaiue $ 13,000.00 (+) Improved Value $0.00 (=) Market Value $ 13,000.00 H SOH Exempt Value SO.OO (=1 Assessed Value S 13,000.00 (-) Homestead and other Exempt Value S 0.00 (=) Taxable Value S 13.000.00 Date Book - Page II Amount SOH" ·Save Our Homes· exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp?F olioID=0000081681960009 1/24/2005 Folio No.11 00120200007 MaR II -- Current Ownership Property Addressl306 MAIN ST E Agend¡~gffi MJ.f-hA April 12,2005 Page 28 of (!) I Details I Owner Namel TOMATO MAN INC I Addresses PO BOX 3266 I City I IMMOKALEE II Statell Fl H Zip. 34143 - 3266 legal 34729 PART OF BlK F, ALL OF BlK G, PT OF VACATED RRST, PT OF ALL RR RW & UNPLATTED ADJACENT PROPERTY DESC AS: ·For more than four lines of Legal Description please call the Property Appraiser's Office. Township :1 Range II Acres 47 29 9.01 100 ACREAGE HEADER 44 IMPROVED INDUSTRIAL Section 03 Sub No. -t Use Code 2004 Final Tax Roll Latest Sales History Land Value $ 353,108.00 . t+) Improved Value $1,184,412.00 (=) Market Value $1,531,520.00 (-) SOH Exempt Value $0.00 (=) Assessed Value $ 1,537,520.00 (-) Homestead and other Exempt Value $0.00 (=) Taxable Value $1,531,520.00 Date Book - Paae Amount 04/1998 2406 -1350 $ 1,300,000.00 05/1995 Z~'-!¡Z. " 269 $0.00 SOH = ·Save Our Homes· exempt value due to cap on assessment increases. -- The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID=OOOOOOO 120200007 1/24/2005 · ,. ,--.,-_._~---- Agenda Item No. 17 A April 12, 2005 g. U) ,.. I C-5-AOSD \ , . f-r~ I ( ==== ={J. 'ì "I ~ I~II I a::: II I u \I g I ffi ¡I ~ I::) tL .b .e:, I: o ¡...: V> l- V> a::: I..L. - ~:õAK"ST]PUBLlC ~"L=-~ -¡ -=- -=- i"'- /- "\ If 1 I I~ ......... a::: I~ 0 ,~ t , ä:: .r ,........ g I~ e 10 Iz 18 IW ¡V> , STORMWATER I DETENTION EXISTING PINE ST. R/W TO BE VACATED 30' PROPOSED If C-5-AOSD PROJECT: PACE CENTER FOR GIRLS CUENT: PACE CENTER FOR GIRLS INC. ...."., -=-- - ...... . ___. I!ioaIIIIIII* . ......,.. . ~..,.... . TI ~ ..... 0IIIIiIIIIIa J ItIIaI . ~ ,be. ..... Art..... .... . ........ .... . -....- . ,....~... _.............. ,......,.,... _..... AIr ___. ..... 1 ..A_ "' " '""" Agenda Item No. 17 A April 12, 2005 Page 30 of 38 COLLIER COUNTY GOVERNMENT TRANSPORTATION PLANNING DEPARTMENT TRANSPORTATION SERVICES DIVISION 2885 South Horseshoe Drive NAPLES, FL 34104 (239) 774-8192 F~:(239)774-9370 January 12,2005 Mr. William L. Barton, P.E. 605 Palm Circle East Naples, FL 34102 SUBJECT: Vacation of Right-of-Way along Pine St., Immokalee. Letter of No Objection Dear Mr. Barton: Collier County Transportation Planning Department has reviewed your request to vacate the existing sixty (60) foot public road right-of-way along the east/west Right-of-Way of Pine Street in Immokalee. After looking at the information you submitted, Transportation Planning Department has no objection to the vacation of the existing sixty (60) foot public road right-of-way as described in your letter dated December 20,2004. If you have any questions regarding this matter, please contact me. d~ ß/tj? Alan S. EI-Urlah. E.!.. ~ San ior Project Manager CC: Don Scott, A.I.C.P., Transportation Planning Director COIJlER COUNlY TRANSPORTATION SERVICES DMSION Agenda Item No. 17 A April 12, 2005 Page 31 of 38 Stormwater Management Department 2885 South Horseshoe Dr. · Naples, Florida 34104 · 239-774-8192 · FAX 239-659-5790 January 12, 2005 Mr. William L. Barton, P.E. 605 Palm Circle East Naples, FL 34102 SUBJECT: Vacation ot Right-ot-Way along Pine Street, Immokalee Letter of No Objection Dear Mr. Barton: Collier County Transportation Planning Department has reviewed your request to vacate the existing sixty (60) toot public road right-ot-way along the east/west Right-ot-Wayof Pine Street in Immokalee. After looking at the intormation you submitted, Stormwater Management has no objection to the vacation ot the existing sixty (60) toot public road right-ot-way as described in your letter dated December 20, 2004. ing this matter, please contact me. Vílýl;,/ðr Cc: Norman Feder, Transportation Division Administrator File copy c ø I ~~~ e ... c ø .. .. to y Agenda Item No. 17 A April 12, 2005 Page 32 of 38 William L. Barton, P.E. 605 Pa1m Circle East Naples, FL 34102 October 24, 2004 Mr. John Houldsworth Collier County Engineering Services 2800 N. Horseshoe Drive Naples, FL 34104 RE: vacation of Easement Dear Mr. Houldsworth: The PACE Center for Girls, Inc. owns Lots 1-16; Block A, Immokalee, Folio #51190040000, and Mr. Fred Gaston owns lots 1-8, Block B, Immokalee, Folio #51190140007. These are the only properties fronting on the 60 foot unimproved Pine Street right of way, and the owners jointly request the vacation of the 400 foot length of Pine Street. I have enclosed a map for your review. Please execute the "No objection statement" below and return to this address. Sincerelyzurs, ~~. , William L. Barton, - P.E. i-.........·_:...--~ 1:er signature objection to the proposed vacation. J},LW l\.~~~~"L\ printed name . ~. 'b.... "\.c...,~ ~ title I~ L~ \04 date wlb/noobj Dð '::t::~~éi'\A.~~ 14-\.~~ ~ c..o~....\\ll)~1~ ~'TI-\\,.J¡ ~\":. ~l ~ ,i$btríff ,.~<. ¡J!-\\ ~J'~\ ~"r~-:~~.~:.~. \~... :"¿~. .~¡ '\ñii,f' ~. -f ~,i. ;f!:'.... - ':c..S'~ Agenda Item No. 17 A April 12, 2005 Page 33 of 38 SHERIFF DON HUNTER· COLLIER COUNTY 3301 Tamiami Trail East, Bldg· J, Naples, FL 34112-4902 (239) 774-4434 www.colliersherlff.org December 13, 2004 Mr. William Barton, P.E. 605 Palm Circle East Naples, Florida 34102 RE: Petition to vacate a right-of-way easement, on lots 1-16; Block A, Irrmokalee, Folio #51190040000, and Lots 1-8, Block B, Immokalee, Folio #51190140007 on behalf of the Pace Center for Girls, Inc. Dear Mr. Barton: Staff has reviewed your request for a letter of "No Objection" for the above described project. The particular vacation is as described in your letter of October 24, 2004. The Sheriff's Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not ir11>inge on our ability to deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. Sincerely, DH::dv ''The duty of the Collier County Sheriff's Office is to preserve and protect IÖl the lives, property and constitutional guarantees of all persons." _ Agenda Item No. 17 A Apríl 12, 2005 Page 34 of 38 William L. Barton, P.E. 605 Pa1m Circ~e East Nap1es, FL 34102 October 24, 2004 Irnmokalee Fire District 502 New Market Road E. Immokalee, FL 34142 RE: Vacation of Right of Way Dear Sir: The PACE Center for Girls, Inc. owns Lots 1-16; Block A, Immokalee, Folio #51190040000, and Mr. Fred Gaston owns lots 1-8, Block B, Immokalee, Folio #51190140007. These are the only properties fronting on the 60 foot unimproved Pine Street right of way, and the owners jointly request the vacation of the 400 foot length of Pine Street. I have enclosed a map for your review. Please execute the "No objection statement" below and return to this address. <S~Z:3:~ William L. Barton, P.E. to the proposed vacation. KJ41/ A¿t/Aee~ printed name ~dt title J/- s--oY date . wlb/noobj Agenda Item No. 17 A April 12. 2005 Page 35 of 38 William L. Barton, P.E. 605 pa1m Circle Bast Naples, FL 34102 October 24, 2004 Immokalee Water and Sewer District 140 White Way Immokalee, FL 34142 RE: Vacation of Right of Way Dear Sir: The PACE Center for Girls, Inc. owns Lots 1-16; Block A, Immokalee, Folio #51190040000, and Mr. Fred Gaston owns lots 1-8, Block B, Immokalee, Folio #51190140007. These are the only properties fronting on the 60 foot unimproved Pine Street right of way, and the owners jointly request the vacation of the 400 foot length of Pine Street. I have enclosed a map for your review. Please execute the "No objection statement" below and return to this address. Sincerely Yours, , ~~,,4----- William L. Barton, P.E. I to the proposed si £ t/ It- Ò..Q'i() printed ame vacation. EV~c~{~((J Öæcfo~ loh.~4 title date wlb/noobj ~~b£~~ Agenda Item No. 17 A ~~;: NørIh Fort ~. Fl33918-31 (239) 995-2121 . FAX (239) 995-7~ _Jœc.I18I' wwwJIne.axn November 16, 2004 William L. Barton 605 Palm Circle East Naples, FL 34102 Re: Vacation of Right-of-Way Dear Mr. Barton: LCEC does not object to the proposed vacation of the 400-foot length of Pine Street road right- of-way located between Block A. Lots 1-16. Folio #51190040000 and Block B. Lots 1-8. Folio #51190140007 as per the attached letter. Please call me at 656-2422 if I can be of any further assistance. Sincerely, .~~ Sandra McIver Real Property Representative Attachment -----...-..-.----.- - . 941-262-0334 Agenda Item NcP.~"A April 12, 2005 Page 37 of 38 Dee 13 04 10:22a Bill L Pat Barton William L. Barton, P.E. 605 Pa~ Circle East Naples, FL 34102 October 24, 2004 Mr. Robert Whaley Sprint United Telephone PO Box 2469. Naples, FL 34106 RE: Vacation of Right of Way Dear Sir: The PACE Center for Gir1s, Inc. owns Lots 1-16; Block A, Irnmokalee, Folio #51190040000, and Mr. Fred Gaston owns lots 1-8, Block B, Immokalee, Folio *51190140007. These are the only properties fronting on the 60 foot unimproved Pine Street right of way, ønd the owners jointly request the vacation of the 400 foot length of Pine Street. I have enclosed a map for your review. Please execute the "No objection statement" below and return to this address. Sincerely Yours, William L. Barton, P.E. ¡? to the proposed vacation. .øÆ¡/~JJ hf..J~ printed name 6¡pþAIr EJ.41 t1tle 1¿"1.5'-P'¡ date I / wlb/noobj Nov 18 04 0":37p Bill ~ Pat Barton 941-262-0334 pol Agenda Item No. 17 A April 12, 2005 Page 38 of 38 . \ ". William L. Barton, P.E. 60S Pa1a CLrcle Bast Rap1e., PL 3.102 November 18, 2004 Time-Warner Cable Naples, FL Attn: Debbie Fax 239-354-1531 RE: Vacation of Right of Way Dear Debbie: The PACE Center for Girls, Inc. owns Lots 1-16; Block A, rmmokalee, Folio .51190040000, and Mr. Fred Gaston owns lots 1-8, Block B, Immokalee, Folio #51190140007. These are the only properties fronting on the 60 foot unimproved Pine Street right of way, and the owners jointly request the vacation of the 400 foot length of pine Street. I have enclosed a map for your review. Please execute the "No objection statement" below and return to the above address. Si~ Youry /(J~.f-tt- 5 -- William L. Barton, P.E. I ha to the proposed vacation. ~\"\s\'r~d'~Y\ Ft!.t)r titl \ \ /, Q / D t.\ _ ~ wlb/noobj Agenda Item No. 178 April 12, 2005 Page 1 of 43 EXECUTIVE SUMMARY V A-2004-AR-6791; Tim Hancock, AlCP of Talon Management, Inc., representing Weslick, LLC in requesting a variance from Section 5.03.06.E.6 of the Land Development Code (LDC) for relief from the required side setback of 7.5 feet to a setback of 2.5 feet for pilings along the riparian lines. This variance is being requested not for the dock facility but for the mooring pilings that will support a boatlift. Property described as Isle of Capri, Unit 1, Lot 87, Section 31, Township 51, Range 26. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPe) regarding the above referenced Variance petition and render a decision pursuant to Section 5.03.06.E.6 of the LDC. CONSIDERATIONS: .- The applicant is requesting a variance in the RSF-3 zoning district from the minimum required 7.5 foot side setback~ (on both the northern and southern riparian line boundaries), to allow a 2.5 foot side setback for pilings to support a boatlift. The amount of variance requested is up to 5 feet. The subject property~ located at 82 Dolphin Drive on the Isle of Capri~ is bordered on the east side by a row of mangroves~ and as you progress seaward, the water is shallow for some distance due to the shoaling of sand in the area. In addition to the natural conditions of the site, the riparian lines converge as they extend away from the shoreline. The applicant requested, and was granted by the Collier County Planning Commission (CCPC), a boat dock extension to allow the construction of a 180 foot dock that will reach a water depth of 4 feet at low tide. The dock will be contained within the required setbacks, but the pilings required for a boatlift to allow for the secure storage of a boat will encroach up to five feet within the required 7.5-foot side setback. The CCPC unanimously recommended approval of the petition on March 3~ 2005. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMP ACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan (GMP), therefore there is no GMP impact associated with the variance request. -.. VA-2004-AR-6792. Executive Summary Page 1 of 3 ...--.-...-.-. Agenda Item No. 178 April 12, 2005 Page 2 of 43 ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. LEGAL CONSIDERATIONS: The Board of Zoning Appeals (BZA) must utilize 8 criteria in considering a variance petition. See professional planning staff analysis of the petition using the relevant criteria set forth in the Land Development Code. This analysis appears on pages 7 through 8 of the Staff Report labeled as Exhibits B and summarized below. Staffs analysis of the criteria found that there was support for the request in the analysis of six of the eight criteria in LDC Section 9.04.03: The variance proposal must be consistent with the Growth Management Plan. See professional planning staff analysis of petition using relevant plan objectives, policies, and provisions of the Land Use Designation Description Section. This analysis appears under the heading titled "Growth Management Plan Consistency" of the Staff Report on page four. It must be understood that the Staff Report and Executive Summary are part of the picture. There will be evidence presented by the petitioner and members of the public at the hearing on this item that the Board must also take into consideration as that testimony relates to growth management plan consistency and the 8 standards for consideration for the variance. The BZA may impose reasonable stipulations, safeguards, or restrictions upon the variance. These stipulations, restrictions or safeguards include those necessary to protect adjacent or nearby properties :1Tom any adverse impacts of the variance. A simple majority is required to approve a variance. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the March 3, 2005 CCPC meeting. The Commission motioned to forward petition V A-2004-AR-6792 with a recommendation of APPROVAL, subject to the conditions recommended by staff. The motion passed unanimously 8-0. Because staff has not received any letters of objection to the proposed variance, this petition has been placed on the Summary Agenda. SUMMARY: Staff has analyzed the guidelines associated with the variance request, and has determined that there is land-related hardship associated with this variance, and that there are several ameliorating factors. These factors include: the design of the dock, which attempts to minimize ...-'" VA·2004-AR-6792. Executive Summary Page 2 of 3 .._.'. .-,.- - --.".-. --_._._--_.~ --,----.~.._.~'..,._~, . - -'-" .'.~.- .-....-.---.- .. Agenda Item No. 178 April 12, 2005 Page 3 of 43 impacts to the natural environment by being built over the mangroves on the site, rather than through them; the extension to an adequate depth ensures that marine bottom communities are not disturbed by boats running aground there; the applicant has already obtained the necessary state and federal permits for this structure. RECOMMENDATION: Staffhas recommended APPROVAL, subject to the following condition: 1. The variance is limited to a 2.5-foot side setback for four pilings required to support a boatlift, as depicted in the applicant's site plan. This site plan is included as Exhibit A. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review ,,- VA-2004-AR-6792, Executive Summary Page 3 of 3 CCLt':lC") r--.O"=!" ,~ 0 tot- NO N°"=!" -..... Q) E=C) :it: Q) .... CO ..... ::: ~ a. ::é CO Q -g ..,¡. Q) I C) « (/) Z o ¡:: C z o - (,) (!J Z ~ X w " ~:8 ò- ...,~ ~ -~ 9 =2: .----.- ~)(h\ b; t II I ,. \ '\ ... I \\~'0~" J \ \ \\ \ " " -f~ EOOZgëO I \ \ \\ \ "" ~ I \" "..{~ do \0\ \" w2~~ ~ I ~ \ \" ,,~. g 1)( Ì'1 à 0\ 0\ \" ,,~ ~/"' \ ~ \ \" "" ;, I "'I '" \,,~\ \ \ "" "",- , \ ~\ \ " .!JI.. '," \ \~ \ \ i~", .- ·f:,;...:.... \ \ ~~ \. ~ § .J ¡:.:...,...:.;/.../. ..,:.:::~: ..:.\ \ ~ ~ Lot ~ Ij¥~t In\ \ \;,\ .~ . !Ii ¡~o ~ f~:~~:i::~Ú~~ f~::~{ ::t:~: \ \ ~ \ !~~S- ~ E ~ ., i l' ¡ððtôN5 ~té:. {~~{¡::'\ \ ~ \ i~~~~ ~ 2 ~ I II · k;·:·:::··:+..~·;.:::·:·:·:·,·:·: ~:'" \ ~ I JIl :lr{)~t@~~:~1:;. ;::Í:i :~.:::/~h \ \ \ \ 1,1 . . .- , .;...;;. .:::.'7:.: .~:.::::~:::~\ J \ ~ \ J. ! : \;':{\ .:i '\. \ ~~ \ JI~ t . '.~ 'ÇJ; :I- . ~\~ II!I \ %,' \ 1 ~ _J J I W, HI I!i ~ \ ~ Jf~ ~f~.. ~\ I~ II ~ \ Q;, i Q) s... % m"- '" 0 ~ II ~>-- '( E 0 c: t":S II (.) t":S 0 15~ > Q; Ii. - .I§ t it ;I~ i~ Ii;.;!t ~ Ii ~. 1 "a ~(!f) .; ~. .. . 0 I~ ~ ~ II It/) It ~ - I I ¡II ...Jlð! : lll' '~t I I :. ¡¡¡ .: It') ....,J , - çs ~. Ci) . .. o 31: ~ .... occæ i¡~ § ~~I ~ ~ 8 ~ ðI=~ ~ ~ i ~ ~~~ . ~ n~1ITl X LJtä:llJ] ~ es ct: 0" 8:10 .... ....9 ~ ò3 :::) CI) ~ ~ - :¡g .... o ..., . . I ----........-- .......~ .........- -. -.. --~.~ Item Number ttfin Summary _Ing Dote Agonda Item No. 178 Aprll 12. 2005 Page 5 of 43 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B This item fBQUlr!5 thai all pnn.iciponts. be $wom in and p,x pt'rte disclosure be prOvided by Commission members. VA-2004·AR-6792, Tim Hancock.. AJCP of Talon Management, Inc., representing Weshck, LLC in requesting 0 variance from Section 5.03,06.E.ð 01 rhe L8nd Development Code 10r reUef from thB required side setback. of 7.5 1eC'Jt to a getback 012.5 1eel for pilings. Thi!'. vRrtance is being rf')que~led not for the dock far.llity but 10r the mooring pilings that will support a boat III'L Property descnbed as 15;16 of Capri, Untt 1, Lot 87, Section 31 Township 51 South, Ral1ge 26 East 4112/2005 90Q:00 AM Prepared By 3,'231Z00S IS:4D:23 AM Ue¡dl Wlllhun.. Community D~e opmep\t & fl1VlrO"lnentral Servlc:e. Date Pnrldpal Planner Zoning & Land Dlllvelopm~nt Review D... Approved By Norm E. r-·.dltr, AIC ') Tran~portion 5e.....ice. 1 ranf,þort.tion Divl_ion A,dtn nhJtrator TranllpiOrtatlon Sarvfcea Admin. 3f2gJ2005 6:59 AM Date Approved By Conetanoe A. Johnson COlnmút1ill/ Oœ"'~loJlnl mt & Environml!l"tat Services Opero1tlonl AnliJyat Communlly Oœ...elopmrtnl &. Envlronme.nt..1 Service-s Admin 3'29/200~ 1:34 PM Dm Approv<d By Suun Mun.y, AICP Community Dev.lopmenl & Envlronmltnt.j Sorvic.s Zoning & Land Development OirK1cf Zon~nn & LInd Oflvl!lnpmcnt R....irrw 3/291200!l 2:04 PM Date Approved By Ray Bellow.. Communlt)! Oe..,..lopment & EnvironnJflntnl Ser\licfI$ Chlt!!f Planner 7..onlng & L.a"d DctV~lopmf!nt Riltvlew 3129/2005 3:50 PM D... Approved By ,JennIfer Ä. Belpnditl County Attomey Aulslant Counly Atlorney County Attorney OHice 3/21/20054:11 PM D... Approved By Sandra Lea COITlmunity Development & Environmental ~~ lv ces Eucutil,ie Secretary Community Developme-nt & EnvÎronment.1 Servicelil Adm¡n. 3/30/2005 10:26 AM Dille Approved By Jo.aeph K. SchmItt CommunIty Develop,,"_nt 8. Envlronmenl.1 Servicea Community Devl!'lopment & I:nvlronment¡¡1 5ervl&e. Admlflflrator Community D.velQpment & Environmentsl Service.. Admin. 3!3or..~OU5 11 :0" AM Admin!atutive A...I~t.l,t D... Approved By OMS Coordinator CQunly M.,ulgnr'. Offir.~ Office of Menagomont & Budget 3/30/200512:0 PM Rl.ldarrt Analyst D... Approved By Mark'luck'Dn County Manager's O"lee ONlce of M;IInagernunt & Budget 3131/2DO!i ":01 PM Dn1¢ Appro'\'ed By Mlch.atll SmykowHld County M.ln.gott's OtfiCf' Mlln"9ttnJenl & BudglDl D~rr.ctor Offic.e of M..nõlg6~nt & Budget 4/11200512:38 PM Dot. A pprond By Jamal. V. Mudd IJnard. (If COl/my Comml..ionera County Manager Counly t,\.I"'ager's Office 4l;1I200fi 1 :07 PM ,. '\ Agenda Item No. 178 April 12, 2005 Page 6 of 43 AGENDA ITEM 8-E CoJ!t~ Çounty - - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: MARCH 3, 2005 SUBJECT: PETITION V A-2004-AR-6792, HOUCHIN DOCK VARIANCE PROPERTY OWNER/AGENT: OWNER: Weslick, LLC 4306 Exchange Ave. Naples, FL 34104 AGENT: Tim Hancock, AICP Talon Management 3898 Tamiami Trail N, Suite 202 Naples, FL 34103 REOUESTED ACTION: The applicant is requesting a variance in the RSF-4 zoning district from the minimum required 7.5-foot side setback for dock facilities, along the riparian lines from the north and south property boundaries, to allow a 2.5-foot side setback for the placement of pilings to support a boat lift. The lift would be accessed by an adjoining dock that would meet the required setback. The amount of variance requested is 5 feet into each setback. This petition is a companion petition to Boat Dock Extension BD-2004-AR-6797, and approval of the extension Without approval of the variance would not allow construction of a viable dock. GEOGRAPmC LOCATION: The subject parcel is located at 82 Dolphin Circle, further described as the Isle of Capri, Unit 1, Lot 87 in Section 31, Township 51 South, Range 26 East, Collier County, Florida. (See location map on the following page.) VA.2004-AR-6792 31312005 Page 1 of 10 CCLðC") ",O'<t ~O_ .N 0 o "'" Z~Q) E=~ .æ 5.a. -« ro "0 c: Q) 0) « .....- / --- - IC.- . I .. II II .,. :1' . Q.. « ::E w I- - en N ( I) ... ID I II: -< I ... Q Q N . -< > lit Z o ¡:: ¡:: LIJ D.. a.. « ~ z o - I- <C U o ..J * I \. \' ... I \\~~~"- J\\~\\.' { , \ \ \\ \ \ ", "- J." "~i'. \ 0\ \" ~ ~ ~ ~ I ß C10 \: \ \ ". " ~~. H I X i: à 0\ 0\ \ " ~ "- ~ '(~ \ ~ \ \" "- ;../~'~\ ~\\ " . "- : \ \~ \ \ ", . "- ~ ,,", ~ f, \ ~ \ \\' , ~!I' fi/:,{{ if:i~ · \, \ ~\~\ '\ c ''':':.''::~''-:;'':. .:.:. ..:. ~ Z P~f~;~JX };~~; ~~:\ \ \ ~ \ . 8 .~ t~t~t€~~ f!;~: .t;~\ \. \ ~ \ - .. C!' ¡.; ':3~Új;J) ~~à ·~è· ~ . z·. ~~¥},tú::~1. ·.:.t~· ~~a \ \ ~ \ t= ~I~tt~~f:l~ ::=:~~¡. ¿tb '\ \ ~ \ (JJ . ···~·:N; :..... :"::"':\ 11 ~ X . .. :..:::~. '?t.~;:\ . cI \. \ ~ \ w ,. ',:~~~:~:~ ~ ~ . \}::\ ,'. \ ~ \ . ql . . . ':'. Q a: . ~. · ~\'& I·' \ ca . J I i,1 '~~fl!· ~\ ø dlH. ë\ . _ III \\11 . .\' .~~ CP So. ~ Ii ~! MQ ~a . iiI > Q;&&;. - . ..... I¡ .£ ., lC i Iii 'Î I i ....__........._ III' II~__ ............! .1 :It .j f5 CCLDM ,...ov ...-..,-. 0 I+- . NO Ñet) !:: - T"' ( ) ".,J, E=g ~. $ 5.0.. <:) ~« .. {g '1 c:: ( ) 0) « .. , c I" ~ . . .. II It ;. ~ ~ I "'~:~ ð · î III J " '" I fJI. jl!. II ~!I:! i.;J ~~:::.' ~~.,.. ~I~ ~~~I R~ ~2~~ 'JI; III¡ '¡ I . ~ ~- ~' ~<I "" ....~ ~~ ~ In i ~: ~. ~ II i,~11 I E:J~~1 X !It ~ eJ a;: 0" 8:- .... .....9 ~ ~ ~ ~:8 cs· If)! =t - .... &t 3 ;;: . . Agenda Item No. 178 April 12, 2005 Page 9 of 43 PURPOSEIDESCRIPTION OF PROJECT: The applicant seeks a variance to allow the installation of pilings to support a boatlift. The riparian lines that extend from the property converge as they extend outward from the site. The proposed dock must extend 153 feet from the shoreline to accommodate· the preservation of mangroves, and to clear shallow water to allow a boat to be docked at the site. The proposed dock would not infringe on the side setbackS, however, pilings for a boatlift would. The applicant has requested a variance to allow maximum encroachments into the side setbacks of 5 feet to allow a minimum setback distance of 2.5 feet to the riparian lines on each side of the lift. The site plan shows that the entire distance requested may not be required, however, the applicant wants to account for any necessary field adjustment at the time of construction. The subject property is currently vacant and cleared up to the mangrove area that extends beyond the property line. The properties on the north., west and south sides of the subject site contain single- family homes. Many of the waterfront lots in the neighborhood have extended boat docks due to the shallow water in the area. The property to the south, lot 86, was granted a variance (V A- 2002-AR-3322) to the required side setback from 7.5 feet to 0 feet on February 25, 2003, to accommodate a boat lift. A companion petition, BD-2oo4-AR-6797, requests the 153-foot protrusion needed to construct the facility. Staff has recommended approval of the proposed boat dock request. Should the request be denied, there would be no need to pursue this variance. SURROUNDING LAND USE & ZONING: SURROUNDING: North: East: South: West: Single-family residence, zoned RSF-4 Pompano Bay waterway Single-family residence, zoned RSF-4 R-O-W, single-family residence, zoned RSF-4 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban designation, and the Urban Coastal Fringe Subdistrict of the Future Land Use Map of the GMP. This land use category is described in the GMP as follows: The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between the City of Naples and Collier-Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the BayshorelGateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to, be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts encompassed by the Marco Island Master Plan but outside the incorporated area of Marco Island. V A-2004-AR-6792 313/2005 Page 4 of 10 CX)U')C"') r·O~ 0.... NO ,N'0 ..........-~ E 'E gs, .$! Co CO -<Co.. CO '"0 C CD C) <C r ,r' sm. >- < ..J CI: ~ o .... z '" i! < w ~ ..J < o w 6'1 ~ i~ , I- W :=I;~ Ih¡~ §=~~~ ~h~! VI ~ -< u 15 ¡¡:: I I I I I . I I I I I I I ,...,.......... "...",,\... .... '~,~, ,~, .... ','" ..." ... .... ',,~, ,~.. ~~~~,~~~~ ...."" ...',"" .... .... ,~, '\, ,~, .... ,,\....',',"" ...."...',', .... ....' "..."" .... .... ,~,~, ,~, ....'" ...' .... .... ...~,~, ,~, ,....... ...' .... ... '~,~, ,~, ,'...'.. ,....,.... ¡ ,< ~ s.., - '0 "' .. of :0'- Ii! I li!~â~~'ii~ 11~5~~i~;~ !!i!~~~;~' ¡¡ Jel~i~i i Ii ~ 15 ~ ' ~u;:UU!~~ I I I = ~ no-IO lI,t-W-tO-Cll fDoo...Z [I 1I-t!O mr·....-.. n....., n 1414 aft.........."" to..-! II If.... 'I__~. 00-111 Ih or... n-GO~. 10""" I 01--" "...... &I-Ir.-I . ..u;... 11-""" ....'-11 , ,..... 11....._. t6-U-1I . ~.." a-ft- _ ....r-z I ti.... ....... II-.r-, þ 11-" II....... "......... f .1-" ~,-........ ......... t ...:.en I -- t.. ~ ..... i I t~ al .! ,I; . . .......~ Agenda Item No.17B April 12, 2005 Page 12 of 43 '-, The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously notedt the subject petition seeks a variance to allow a 2.S-foot side yard setback for the pilings that will support a boat lift, which is an authorized use in this land . use designation, thereforet the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subjeCt site is consistent with the Future Land Use Elementt although the variance request is not specifically addressed. ANALYSIS: Section 9.04.00 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.Ht which are general guidelines to be used to assist the Commission in making a determination. Staffhas analyzed this petition and offers the responses to the items in Section 9.04.03 as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? /-., \ I Yes. The subject site and the adjacent properties were platted in such a way that the riparian lines converge as they extend away from the shoreline. The proposed dock and lift must be extended a considerable distance from land in order to clear a mangrove area and reach a depth suitable for a boat due to shallow water immediately offshore of the property. These two factors have created the need for this variance. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-e:rlsting conditions relative to the property, which is the subject of the variance request? Yes. The applicant states that the natural process of "shoalingU in the area has caused the need for a boat dock extension. The dock extension and the narrowing of the riparian linest in turn create the need for the variance that would pennit the construction of the proposed pilings. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difOculties for the applicant? NOt howevert the BCC has granted similar variances for this type of situation before. Denial of this petition would effectively grant other property owners more rights than would be afforded the applicant. d. Will the variance, if granted., be the minimum variance that will make possible the reasonable use of the land., building or structure and which promote standards of health, safety and welfare? ~. ( \ Yes. The boat dock is proposed to extend only the distance required to reach a point where the water depth at low tide will permit a 26-foot vesselt which is similar to those used in VA-2004-AR-6792 3/3/2005 Page 7 of 10 "-.--.-- .,- .---.-.-- - Agenda Item No. 178 April 12, 2005 Page 13 of 43 the surrounding area to be docked there. The lift would enable the secure storage of the vessel. The pilings for this lift are nearly centered between the riparian lines, which will minimi'7.e impacts on either neighbor. The variance is the minimum variance to allow a reasonable use of this structure (as it is shown on the site plan), and permit slight field adjustments during construction, to be a conforming structure. Approval of the variance should not have a negative impact upon the standards ofhea1th, safety and welfare. e. Will granting the variance confer on the applicant any special privüege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The RSF-4 zoning district requires a 7.5-foot side setback for dock facilities. The proposed boatlift would be granted the privilege of encroaching into these setbacks. However, the BCe has in the past granted this same privilege to other properties in the area. Lot 86, which borders the subject site on the south side, was granted a similar variance in 2000. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the pubUc welfare? Approval of the variance should not have a negative effect upon the neighborhood as a whole, and would not be detrimental to the public welfare. In fact, two nearby property owners sent letters to the Zoning and Land Development Review Department stating that they do not object to the applicant's variance petition. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The design of the dock attempts to minimize impacts to the natural environment by being built over the mangroves on the site, rather than through them. The extension to an adequate depth ensures that marine bottom communities are not disturbed by boats running aground there. The applicant has already obtained the necessary state and federal permits for this structure. In staffs opinion, the design is an ameliorating factor and adequately addresses compatibility. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. VA·2004-AR-6792 31312005 ~age 8 of 10 ~ --.-----..--...." Agenda Item No. 17B April 12, 2005 Page 14 of 43 EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are several ameliorating factors that w81Tant approval of this petition. The nature of the . surrounding community is such that w~erfront properties anticipate docks and lifts to be an accessory to the residences there. The subject site is bordered by a mangrove fringe and a long shallow sand shelf before the water becomes deep enough to accommodate a boat. The BCe has previously found a variance to the side setback for a dock on the neighboring lot to be appropriate. That site had no mangrove issues, but had a similar shoaling issue tQ overcome. Staft' recommends that the Collier County Planning Commission recommend approval of Petition V A-2004-AR-6792 to the Board of Zoning Appeals, subject to the following conditions: 1. The variance is limited to a 2.S-foot side setback for four pilings required to support a boatlift, as depicted in the applicant's site plan, except as further restricted below. This site plan is included as Exhibit A; and 2. Approval of the requested variance is dependant on the approval of companion item BD- 2004-AR-6797. VA-2004-AR-6792 3/312005 Page 9 of 10 Agenda Item No. 178 April 12, 2005 Page 15 of 43 PREPARED BY: ~~C¡P~PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~1-( oS DATE REVIEWED BY: 2. ·/0·05'" DATE LLOWS, ZONING MANAGER DEP TMENT OF ZONING AND LAND DEVELOPMENT REVIEW .~~ ,,%JSAN MURRAY, AICP, DIRECTO DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW .ë¡ flY los- DATE APPROVED BY: ~~- r$ E RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the April 12, 2005 Board of County Commissioners Meeting. Attachments: A. Site Plan B. Conditions VA-2004-AR-6792 3/3f2005 Page 10 of 10 , " , Agenda Item No.17B Äpril12,2Q05 , Page 16 of43 " ~ -' October 14, 2004' ,.- v A-2004-AR-679:1 PROJECT #2004090029 DATE: 11/18/04 , J HEIDI WILLIAMS , l \ Mr. Ross Gochenaur Planner Collier County Development SerVices and Environmental Division " ' 2800 N. H'orseshoe Drive' Naples, FL34104,. ........-..-.-...-,.... Subject: , Böat DockVarian'ceApplibation for 82 Dolphin Circle, Isle of Capri .', Dear Ross; .. ..' - ,~'. ... ' Attached to' this cover'1etter are the original and 15 copies, of a' Variance application for a boat dock at 82 Dolphin Circle in Isle of Capri. This application is a companion to a boat dock extension' application for the same prop.erty and I ask that the two applications be coordinated so thàt they may be heard simultaneously if possible. ' , .' , ' This request for a variance is driven by two related factors. The riparian lines for this parcel converge as they move, seaward., If the dock could be built within 20 feet of the rear property' line, then no' variance would be necessary., ,Unfortunately, there are mangroves directly behind the property at t.he Mean High , ,,' Water Mark and the area is extremely shallow for some, distance. In order 1.0 . build a dock that reaches water that is 4 feet deep, the dock must be extended ' over 100 feet into the bay. This extension is sil'l'1i1ar to doc!<s permitted and built on the adjacent properties, Even with the proposed extension, the dock can be built inside the required 7.5' setback, but the pilings to supporta boat lift will need to be placed as close as 2.5' from the riparian lines. These are the factors that drive the need for this variance: Without this variance, this property would be' dénied reasonable USe of the waterfront similar to that afforded properties in the immediate area. ' '. " ' Should you have any questions with regard to this application, please do nof ,hesitate to contact me directly. . ,.' ' Sincerely, ' ,Talon Management, Inc. ···Æ/ Tim Hancock, AICP , . . . . President ' " , " '.', . . . '. . .___. - -~~-~~"'nt\>~!~"''I,Ii,1r~~,\:m:':q~_'1;:;1i~m-:;''ì'i Ø;'',¡¡J;è~~f.~W~$~¿î~ Pnone;239-262-6197 Fax: 239-262-6198,. _ Email: TalonMa~~;;e~::';;~~="··"-·"''';'"'~''!I:I..~~t;m1';~'f~?(~f!t~Yi#.~,~¡},;:¡~~'t~'!\¡o'd·~,~·~".'r~ '. "'. . '. " ". -~~~~AJ~~~~;:~4§~;;~;~jJt~~1~(f~~IJ¡'I~1:~. OffiCI' Address: 3898 Tomiami TraiJ North, Suite 202, Nap1é., FL 34193,- Moiling Address: P.O. Box 9229, Naple.,· FL'3.41 01"'''''· .,...... ' .~..~~ " . '. ., . '. - ~ ...; _ (~~¡~~·g\U:;'f'$~~i;'~:!Wti'ii~i'."h:~~ ~. -'-.. ,.'" - ""P -'*'~iI7R~~q~1ar)¡¡Lij~I.~~*~l\~~'.~~1;';:;~~~;tw;"";,~¿'~¡,~~\~:~!.t':::';;:', -_.'-~_._-- ,Agenda Item No. ,178 , April,12,2005 Page 17 of 43 " , . . V ARlANCE P~TITION' (VARIANCE FRÇ)M SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Commission District: , , . /' , Date PetitiQn,ReCeived:£~:ÖZ:. ~ ~-6792 , '.. ATE #2004090029 ". . : 11/18/04 Planner Assigned: ~ lDr WILLIAMs -. -.., Petition No. ABOVE TO BE COMPLE'rED BY STAFF . GENERAL INFORMATION: ' Petitioner's Name:' Weslick. LLC , , i Petitioner's Address: 4306 Exchange Ave. Naples. Florida 34104 .. . , l. ";.~. Telephone:, . 642-7940 i 'I' Fax#: O· E-Mail Address: . Agent's Name: Tim Hancock. AICP Agent's Address: 3898 Tamiami Trail North. Suite 202 Na~les. FL 34103 Telephone: 262-6197 Fax#: 2ó2-6198 . E-Mail_Address:ta1onmanagement@earthlink.net * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations'. " , . COLLIER CO~ COMMUNITY DEVELOPMENT' , PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSÊSHOE DRIVE.- NAPLES, FL 34104 PHONE (941) 403-24001FAX (941)643-6968 Page 1 ,- Revised 4/03 ., . Agend·a ItEÙn No. 1iB' . . April 12, 2005 . Complete the Îollöwing for aU ASsociation(s) a.flÜiated with this petition. (proVide-actðifib\åP of 43 sheets. if necessary) '..'. . Name of Homeowner Association: NA Mailing AddreSs . City State _ Zip · Name of Homeowner Association: Mailing Address City . State ~ Zip ;Namè of Homeowner Association: . . Mailing AddreSß . Citr . State--...:....Zip - - · Name of Master Association: NA .... Mailing Address City', State ~ Zip . .' Name of Civic Association:· NA . Mailing Address.. . City State.~ Zip . ., . . PROPERTY DESCRIPTION: Legal Description of Subject Property:. · Subdivision: ¡sleof Capri Unit l' ·~t· . Twp. ~Range Lot (8) . . 87 Block (s) Section . '~31 7· A~eage Number :. 26£ . . Property J.D. # 52343280001 . .19 ac · Metes & Bounds Description: Address Qf Subject Property:· 82 Dolphin Circle (If clliferent from .Petitioner's address) '. ,~_.--. ...---.,.... Current Zoning and Land use of Subject Parcel: RSF-4. Vacant" Agend,a Item No. 17B . April 12, 2005 Page 19 of 43 Adjacent Zoning & Land Use: , ZONING LAND USE N RSF-4 Sin8Ie Famity. ResiQential S . RSF-4 . . Single Family. Residential· W RSF-4 SiIi¡rle Family. Residential E . RSF4 Open Water . Minimum Yard Requirements for Subject Property: Corner Lot: Yes D· No'tg Front~ .25' Side: 7.5' Rear: 25' Waternont Lot: Yes ~ NoD ·. Agefldaltem No, 178 April 12,2005 Page 20 of 43 .. , Nature of Petition " Provide a detaÜed explanation :of the request including what structures are.existiÍ1g and what is. proposed; the amount ofencfoachment proposed using numbers; i. e. reduce front'setback from 25' to 18'; . when property owner purchased property; when existing þrincipal structure .was built (include building pennit number (s) if possible); why encroachment is necessary; how existing encroachment came to bè; etc.' . . " , ., This p~ition seeks à variance trom Section 2.6.21.2.4 of the Collier County Land Development Code for relief ftom the required side yard setback of 7.5 feet for all dock facilities with water f]-ontage of less .than 60 feet. to a setback of 2.5' for pilings. This variance is being requested not for the dock facility. but for the mooring pilings that will support a boat lift. Due to the fact . that the riparian lines narrow as they proceed seaward in this part of Isle of Capri.· the proposed mooring pilings will need to be placed as near as 2.5 feet from the riparian lines. This condition. is com,pounded by a shallow shelf tba,t feQuires the prQperty owner to permit and construct a dock and lift that extends 173 feef'seaward of the platted 16t line hi orger to reach a depth suitable fOf a 26' vessel. .. " " .. Agenda Item No:·1].B . ' " . . April·~2, 2005 Please note that staff Bnd the COllier County Planning Commission shall be guided in thcirrcco~&íhctb43 . the Board'· of zoning AppeaIs. and that 'the :Board of zoning appeals shall be· gùided in its· determi:iìation to .' approve or deny a variance petition by the below listed ~teria (1-8). . (Please ad~ this criteria using additional pages if necessaiy.) , 1. Are there special conditions and circumstances existing Which arè :Peculiar to the location. .si~ and characteristics of the 1ànd, structure, 'or building involved. ' .' Yes. this lot as Well as the adjaCent lots were pliltted in suclÌ a mamier that the riparian tines naiTow as thev Droszress seaward. Due to tlùs narrowin2. the extension of this facilitv W achieve minimum acceptable ~th for a dock facility has created the need for this variance. Most lots in Isle of CaDri do not" Desses these uniaue conditions. ' ' , . , . 2; Are there special oonditions and circumsta.ßces wbic~ do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. .. , . Certainlv. the shoalÏJi2, of.~. area over time has caused the need fur the extension and the extension b,¡ts caused , .. the need for·the varian~;NoconditioDS·thata1fect this IWJ)lication arè a result of the actions ofllie aDDlicant 3. Will a literal interpretation of the pròvisions of this zoning code work unnecessary and undue hardship on the applicant or Create practiCal difficulties on the appliean.t . , While it is' anmable as to whether a hàrd:shin ~d exist. bv not mntine: this variance. moorin2 tlilin2S could not be nlaced for either a boat lift of the moorin2 of a vessel which mav lead to a safety issue should the' owner be reauired to anchor his or her vessel at the end of the dock. Bv not IlnUltin2 this variance. the BCe ' would have conferred uoon other nronertv owners in a similar situation ri I1btl: that would not be afforded this Dronertv owner. ' '4~ Will thevariaIice, if granted, be the miIÌimum variance that wiU make possible the ,reasonable use of the land, building or structure and which promote stBndards of health, safety or weJ1åre. . . , . . Yes. Based on the eximn2 pattern or use in the area and the grantine: ofvaÍi8nces with similar or I!I'eater encroachments. the County had deemed that it is!! reasonable use of the land to Derinit for the moorin2 and: . accèss to and from a vessel oftlùs size, . . S.Will granting the variance 'requ~ confer on the petitioner any special privilege that is denied by these zoning regulations to other 1an.dS, buildings, or structures in the same zoning district. Yes. However. the BCC has showñ throuirh nast actions that certain variances are acœctable when outside . conditions such as these occur throuirh no fault of the pro,pertv owner. 6. Will granting ~e variance' be in hamÍony with the intent and purpose of this zoning code, an,d not be injurious to the neighborhood, or otherwise detrimental to the public welfare. As evidenced bv the letters of no objection 9rovided from the two adiacent Dronertíes~thelZI'antinir of this reauest will be consistent with how similar nronerties have been treated and win renresent no iniurv to the neie:hborhood. Additionallv. the reauested variance will be consistent with the aDDroved variance for one adjacent prooertV: .. . '" ., 7. AIè ihere· natural cOnditions Or. physically induced conditions that ameliorate the goals and . objectives of the regulation such as natural preserves, Ialœs. golf course, etc. Agenda Item Nci, 178 April, 12, 2005 Page 22 of43 ' Yes. The Drooosed facility is dcsimed to ,be etevated abovecXistinll mansroves to reduce the imoact on'the ' natura! environment. The dock as proDOsed has received the necessmy state and federal permits. 8. . Will granting the variance be cons~ with the growth manapnent plan~ ., ' Yes. 'This ~nrin2 \thiS ~licatiODshould have no impactoD the ~wthmRn~vmP.nt plaIL .. *fir Section 2.7.2.3.2(3) of the Land Development Code requires an applicant to'remove , ~heir public bearing advertising sip ,(s) åfter final action is taken by the Board of County " Çom~~~i~ne".II,~s~J),ntheJJoa!d's..final acti,on on this item,pleas~ ~lnQve aU public hearingadvertisjng sign (s) immediately"" " ,', '" ...' ,. , " .. __. V ARlANCE PETITION APPLICATION SUBMITTAL CHECKLIST .', . TIns COMPLETED CHECKLIST IS TO BE SUBMI'ITED WITH APPLICATION PACKET! . " ,-. . REQUIREMENTS #OF' . ',COPIES REQUIRED .,. 1. Completed· Application, 15 , 2. Completed Owner/Agent Affidavit, Notarized' 1 ..-'-- . 3. Pre-application notes/minutes' 15 .. 4. Survey of property, showing the encroachment 1 (measured in feet) '. , ' " " , ' 5. Site Plan depicting the fonowing: 15 . a) , All prop~rty boundaries & dimensions b) All existing and proposed structures (labeled as such) c) . North arrow, date and scale of drawing d) Required setbacks & proposed setbacks , 6. Location map depicting major streets in area for 1 reference 7. Electron.ic COPf of all documents and plans 8. : Application fee = $ZOOO (reside~tial) , ' 55000 (n.òn-residenrla1) (minus fees paid at pre-application meeting) Ch~ shall be made payable to: . CoUier COU1I Bbard 0 Commissioners" 8. Other Requirements ,- " 1 Agenda Item No. 178 ril 12 2Öû5 Page 23 of 43, As the authorized agent/applicant for this petition, I attest that all of the iIiformation indicated on this· checklist is included in t1ûs submittal package: I understand that failure to include all necessary submittal information -~~Z' Applicant/Agent Signature ." ...... - _... ',' /ð/IJ/IJJ;. . .. Date G:\Cum:nt\Application Forms\VARlANCE PE1TTION . doc (R).d.oc 1/04,' , , '. ' ,. Agenda Item No, 178 April 12, 2005 Þage 24 of43 .. ..... ~- . ............ , .. . . . . . . . ".. '.... ." . .. '"'" " . . . . . . . , . , . . ........ . .. .. , . . . . . . . . . .'" '. . . ' . , " .... . , . . . . .... ..... . .:. 'r-,~)~:.-~ .:: ... ..... .... ".. ... ... ..... .. )V A-2004-AR-6792 fROJECT #2004090029 pATE: 11/18104 HEIDI WILLIAMS \, ~- ""- ...........-.-.--. ------ "~._._.._~..,--- A.FFIDAJiIT . Well, . being first duly sworn, deposecind say' that well. amlare the owners of the property described herein. and which is the subject 'matter of the . . proposed hearing; . that all. the answers to ·the questions in this application,. including the disclosure of interest tnformation, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of aur knowledge and belief. Well understand that the· informatíori requested. on this application mUst. be comp¡ete and accurate' and that the- content of this form,' whether computer generated or C()u'nty printed shall. not be altered. Public hearings will not be advertised until this application i$ deemed complete, and all required infòrmation has been submitted. ". . . . As pr()perty (JWn~r Well further authorize' , 7ï;,/fr,vCðCJ:;l11c.¡::) as our/my r resentatiÍJe in.aný matters regarding this Petition. toaet' . Signature .of Property Owner Signature of PropertyOwn~r ." ~/hKifS'f! /)tc4J.i~~' . Typed or Print~d Name of Owner . Typed or Printed Name alOwner . . The foregozng instrument ~ acknowiet1Ked before me' this 'day of ~r ' ~, by~ ~ ."^'. ~6J. is ersonally known to m r has produced '. . as identification.. .. . .' . . State of Florida County 'of Collier ~ AdrilnlR DrIIcOI '. . \¥J MrCommtulanDD148572 . 01' ExpIraSeptember~. (print, Type, or Stamp Commissioned Name of Notary Public) . , aJU':! r-O ".-0 ,N o . Z~ E'E (!) 'c.. , == « ro '0 c:: (!) C) « .. , ~ I !' I~ '-~!~ el ,:ð, ~~e i.. II~, . '~~~'fi!tjll ~~i ;1h!~~1 .(. Y II ~I~ I~:~~¡ ~ ~.~;il;:::ii ' ; "'\ ~ de1i¡ ~, . ~I·:I;~I;~~~¡ " ~ hrl2~~~h~ ' . JiS "":)... ~:? oj ~. .' , ,. .. "5" i~ãl;~ " ., ' II.:I~d'~. 10.. , ~' " ~ ë:!=I~~" ,. -; , ~ ~~¡~e~ ~ a' ~~~9i!:ð,~9 ' ~!IS õi~§~~;f~(; ~~~ ~Ib~~~~~ §-:~~ ~"''''i!:~~~\... 1 ~~a~ 2ò'~~~2~~?(J iii ' ~ !::~¡~ b~~~è;~~= .. ~ ~~§ ~ ;~,,¡ 1·li!~i:~~~ ~ ' i:Q. I ~!3:e~ ... ~..., ...~~... '.. j ¡ ~~ ~~w~;.8 ~."~ . ,,_ P:";¡~1~""oI;~i!: a...~... ~~ ~ ~~~~ ~i~~~~~~t ." -w;~~t , ~ ~~~~ ~ ~'~.."~~~.. ~ ;i~~ ~f~~~~~h """" -&. "" I~:;¡I \:!i~~le~.~~~!~ ' " I!.!"'~ ' f:J" ... !II !Iii ' I!:~I.>~ t= ~' ~~~ ~ ~~Ij æ" _ . . ' .' 'ï1; , , '¡j Ii f itt·.. ;1 "'liE == l& ' ~ it ',. :':"'{ , " .... . ;¡!'. . llii . I!ii ¡¡Ii' , il... _!J5 ='-.............. ¡"""'''' , , ~' ~ ~ ' · ~~' "I' . ,( I j .~I' " IL ..,~.:",;. · J:tH'~'1!I !I t I! ii~il:' ii!. .' I~~!m!t~~~i~¡ , ~.'$M ~ .. .. .. " '~.'. . '". . -' . ..~:' .,", . , , . ...... , " · '0', . I 1 ; , I!s . I~, 21 'i ' CI N o . I ! i N I·=~, d~1 , ill$ i!!i ~!~i, , , 1,;11 .. . , i:~..' .... P:' .: . '. . " . . í VA 2004-AR-67~enda Item No. 178 t . April 12, 2005 : PROJECT #200409002~age 26 of 43 . DATE: 11/18/04 . HEIDI WILLIAMS \.....--.-..-.-.----....,.... . VARIANCE PETITION '-Ð~"'· // . .......",..,,', r' . ,J. . .' r . ( . .-.... ~l ,,\ .C"-' P¡œ;.APPLICATION MEETING NOTES . . . "SUBMI'ITAL CHECKLIST Date: qlþl Time: ~:.$D PI-= .. A'/~~ .r.~r.J~ I. . ProjectNalile:~vbrl,..f~ VAúhJc.Eí'· PrOJeetÀddrlLoeation: . 8Z,-z:l?",:,?H/..J ~/eu..~ Apptieali.tName:. 77~ nlAN~~ . ~:.71-~'u eOH?~1 Phone: &¿'Z-- f,/'" 7 . . . .. . . . ~.. . Type otpetttion:?,·f<. ¿I, z.,1 (?: 5",) Current ~ning: if' $F - L/ . Owner NaÏne: .' ß ë>ß ,k"u//I,j . Owner Addl-ess: 7tS>O/PDÞs~"£. B'ýþ~ Phone:.' ¿'~'S-/7e3 ,ttht·P¿cs, ~¿.. :!-f"l'ð¢- ~ ~ Meeting Attendees: :5~ 'A~¡f/'fe7ûr SUBMITTAL REQUIREMENTS: .e::: . 15 copies of Completed Appllèatlon . . a:: . Addressing Checkfist slQnecf by Ad~ressing Dept ~ Pre-application meeting notes .' '. -s: 15 copies of ConceptualSfte ~(an 24- X 36- plus (one 8 ~ X 11 copy) a... Compfeted Owner/Agent Aff1davits~ Notarized. . ". iL.. 2 copies of Deed' . 8.. 2 copies of Ust Identifying OWner & all parties of cOrporation .m:: Location map '. . . . .iL .5 copies of Aerial Photograph (taken within the preVious 12 months) .1 .' C IJ o . ;S:- ÃI,f-~ jB:. .a- ". 4 copieá of EIS or EIS waiver . 4 copies of TIS '. . .' . 4 copies 01 Utility Provistona ~ement Witb sketches· .' Electonlc copy of aU documents and plans (CDROM or Diskette) Historièal Surveyor waiver request Property OWner Advisory Letter·and Certffication· . . Pre-appfication Fêe$~OO.OO (to be credited toward application fee below) . . Agenda Item No.17S April 12, ~005 . Page 27 of 43 Review Fees: ß $2000.00 o $5000.00 .f2}. $681.00 {8l. $205.00 Residential No"~Resldential . Estimated LegaiAdvertisingFee - CCPC Meeting' Estimated Legal Advertising Fee -BeC Meeting' (any over- orunder-payment will be reconciled upon l'908ipt of Invoice from Naples Dally News). . -' o $1600.00 EIS Review .. -' ~_...., . -. - OTHER REQUIREMENTS: .' D o '0 [J NOTES: . . . ~5¡:::- -.f.r ¡(S~r- ;¡>øc.'<:". JrinncJS/tMJst!h"'7ï¥~S '$"/Þcr . ,h?lðx. .(1 'JtI'Ard-~~d#T7f&s- '.,."1/,(:;: -::~=;;;;;;ø:Þ £ISrP/ff'/ . " ' , (/~ ~7'"'A-(.. ~/NtHJ$ 5 t.Ii!$'þ,S T'1t!/~1 RPjÞIAJ¡iJ9¡?l'2rÞ,Pøt:r/ lVA-(.· ~rll) ÆV~~C:;- fr:.P~~ ~-~z.l' ?,rr ?.t-A?J /D .... S;I-¿,,,..) $?~/.ut.r rU· ~~A)6-:5. ¿'D7'" ,¿y/~r~' ð-r ~72s't.Al·t.'HlrS (:r/J'rYDao>'D r:-~~ ·~~~:rxr.H-vr . . .. ..' " .. / . . ,?£t!Þ.'þ#'t.'f7/ 7:>t!)~.. ....... . ." . .. , /l-lti:rS.sM( ý. $r£vc,T'uLør -' t!.&>JIC/~, 7?D~~ . ð1-J ~¡JC,I-r~ . ,·~c:.r(..Jæø- ~AJlr /"t) J>~6 AgøntlOwnør SIgnature . ~~Æ·· . / . , Date: øþ~. 2 '~o , ~"III "biC eiU~a " P .01 ' ,Agenda Item No. 17S" f... ' April 12, 2005 ~ø" ; ,. 4- '?::~;Of43, AÞÞItESSING ,CIIllCD..lS'l' " , ~ coll'1:pJ_ the f'oUowiDa 1!!!i5Dbadt to the AddreuiDl Sccaiaa fw RcMew. ~ot all ~ wUl ~~' , e'\'en' ~ JtIInH in .... .... lie leQ.hn:d. ' . ~ .. - ~. ......... ....W~I-- .... ' ":,,- .ÜIucr~ ~ bÌ "lItIC_) .... G:.C.. __ lilt. JegøJ tWcrSplloftffmon ÒIØII 0.,,) -- J. Street Iddress or addlUlCI (œ tIpJJlil:tlbl.. if IIÚrNMI¡y flS8ÎptltI) , &2 DDmhÎII Circle· , -- -- 4. LMatiealiup, ~I cact 10CIIi0n or pqcetlsitc in nrlafion to QIIIRISt public S'OIId'right.-or- wq (Øl.'ach) . , 5. Copy of sarvey (NEEDED ONLY FOR.1JNP~TTED J'.ROPERTJES) " .,'.", 6. PI~ projc:ct DtInJe (if tJppIit:tll1le) ,NA ' ..,' ,1. '~ropoacd St!ea ZIIIIœS (if øpplkwbl.) . NA· .' ,.. ---- , , ----.,'- . -- .-, I. Site DIve10pIneat PI8n Number (FOR !XISTINO PROJ.ëCTSIS1TES ONLY) mp _ 9. ,..... Type -(Complete. ~ A.ddrcuiøg Checklist.for'C8Ch 1'cûIioft Type) § SOP (SitIt DeveIøpnaeat PIa) PPL (PIIiaI.t: PIC~) '.', SDPA (SDP A~) PIP (PrclimiMry Sabdlvilicm PIaf t SDPI (SDf' 1nnIbItMsdaI CJ.Iac) FP (ftDI1.Plat) o SIP (S"dD Improvement PIIm) . U.A . (lAIC tiDe A4U1tmeDt) ~ SlPA (S1P ~1I41l) '. BL (BJasdaa Pamit) , SNR. {keet Name: a..> ',' ROW (Riøht4Wåy PenàitJ ' V~ot1c (Ve¡. ~Pa:ml1S) B EXP ~ Permit) . Lad Ute Pcdticm (V1IriIDce. CoacIitioDaI Ute. ' VRSFP (Yea. R.emovaJ .t S.. "fill Peimifl ø. Dock F~ Rezone. PUD rezaœ, etc.) , 0 QIIIer- DacdtJe: ,."",., . JO.Projcct or development names proposed fOr, or alreIIdy 6PJß'111;'Cin. condOminium dncuments( r , appfielblc;indicâ:wIaetIa~oraistiD¡)NA.' ",' , ,.._-:..- . ". 11., PIeac c:hec.k Oøc:: ~ a.ck.üt is ao be Fued &.:k LJ Peno.aalJy PickedU¡;, , ~- ' J2. ~tNaleT~"'-LAICP· . '. .....~197 Fax 262..6J9L ,13. S1pa1Un on Addressing Cbec:kllltdoes DOt cortItitatc Pmjec:t and/or Street Name IIppIOVIJ md: s subJec:t to ,. fbdhcr nMewbf1he ~ Secdaa.· '. ' FOR STAIiF USE ONLY , .,' .' Pñø-.J' Numba' ,'2L~ Address Number \?:L sCD(.. Addn:ø NtInIber Address.N1IIIJber -- Appm~by ))--1. ~ . (Ÿ1.G1Ca..n-1 DateS - '!. f -. 2..Y=- Jt..... 3-21..0 I ~ RECElqED ,; V A-2004--AR-6792 ,PROJECT #2004090029 ,DATE; 11/18/04 'HEIDI WILLIAMS .þo'" .. ! ',¡o: . PRE-APPUCA110. MEETING , . . S'G. IN SHEET Agendçj Item No, 178 , . April 12, 2005 Page 29 of 43 ðâvcI/I/J:J)be,.( V' ¥/.4?Vc. 6" . Project Name. D:1¿~ Name' Representing Phone # ' E-mail Address Michael J. DeRunfz Zoning & Land Dev.Review (239)403-2416 michaelderunfz@colliergov.net T Y.~ . G:\DeRuì1tz\copy:ofPre--App slgn,ln sheet.doo · P"'APPu~no" MIDmNCI' '81GNIN ..... ' , , 'Agend'a Item No, Ù'S ',April12,2005 Page 30 of43 , , , , '¿;;vC6¡;J 2/C?éK V~/~c.é' Project Name Name Representing' " Phone # .. E-mail Address , Michael J. DeRun1z Zoning & Lend Dev.R,eview (239')403-2416 michaeJderun1z@colliergov.net v.~' " - G:\DeRu~Copy,ofPre-App sign In sheet.doc ., . . . rt:. .' ~/' ',- :'\ . ..' G' IIp Oc:::····· . . ~ .". µL;. ".' ',r..: . .~. MEXICO PRO¡/EC . SITE· ( [; ð .N iW*E I. S I .. '1.. I, !. 0..' 2000 4000 .. SCALE:: 7 - - 4000~ .. " 7õ63 ' Vanasse -~ .. 'Daylor ~. -- SWP -- . Hour:hfn~~Pto Ðct. . Secf10ø Q6; T~ _ Rarp 26F 0ólI1fr CcIøif¥I Flàfda SJjlret Nø.1 ,,1 5 '. ,..,'..,.... I\\~~~" . . I \. \ ~ \ "". 'f" ~ .\' \\ ,".." .../. '\,\. .".., ..' 'I~ . ~ ../ ~~... ..\. \o\\\"",,~. ~ .. .. ~. \. \' \ . " " '9": . ..\ Q.\ \0\.\ . \ ' ~6'. . . .~ ",. \. o~ . .\, ". ." '. .. . .\ .~\. ..\' ".. ' ~ .' '.~ \ . .. .' .. . "- . \\~\. \ .. " " \.. .~, \, ~ \\%>i\\ ... . ~ ~.. . ~ ~ \ \ ~\\ 'M·~ ë3 \ \~ \ . ~ ~~ ~ .\. ,~\ ..... ... ~.~¡ ß '% . .. ~~~ C/J ' . . '. \.' \" ~\ . . ~. ' . \ . '.\\.. . :f .. \" . \ ~.... . Co. \ .... .. , ~ \ . . ... ß~ . . . ~ \ 1-.· - . tj ~ . \ ~~.. 'JI! ~ . '. :a- nI'!· . ~ \ .iI . ,f :sl . ~ " ~ 1:1 _II". '~ ó.\,q):J! ~I~\' '2~, . ~: .~.' e~ 't;-' ~' ·I~ ' . .~ ~es i ~ ~ . :5 ~ \ ~ It CD $- .' ..~'" .' OQ.. .",~ C:S ~ ~,~. . a m to; II) 0 . t5 : 2:~'~' ~'y t! ,;.~~~.,è5, ~!I ~~ ..~t; 9 ..~. ..~. æ I ~ ::j i· . ··I! ~Q - .~" : ~. i !5. ~ ~ ~ . ~ '. .. "'I! æ ~ '. . .. ~.. JEJ~lliJ Xli il ~ it COIl?M . !,--o'Ot .--.,.. o_ NO. N°£::! ~. - ..- '" ...a E'2 ~:::t OJ Co co ::::<r:cL q . .¡g T . c: OJ' OJ <r: : \ f:'~f~~'{,¡~" ~:"~:~' .f\· . ' ·~:;.:f~:·f·~ :.§":::~.:: :~:: . .~:."':':....,'."'''::... ....:..... ........ , . . l#J9¡Û=; . ;?:n: .i41 .. It; "......:.. .~u:.. .....:.... ".to,:,":,:.", ....:...... . . ~ ß::;'þ~{:·l·¿!-.!:. :"::~:"~: ~F[.A· . ' . . '. I. ,'. . ......~...::.:......,;.;... "-"...:. .::..... . . ...-.." :.:..;.:,-! ': "~..:~:" .f":';',: -:.:.~ "' ;I: ·:":~:~:T:Lti :'I:~ :"?:':~ ~ ' . M;t.;¿~/~\~·; ;~;}~;: ~'q , ~ :.::""::.:"::"i'::".:" ":'::" _:'::: ' , :t ";¡:~~è~~~~Þ.. i;:i.~~ :~~*~ª ' .... ~:':':'¡::" :' þ '::~:::Dn" . :. ;.::.:~.:'\ . " -.':-:, Þ . :':.' . " !It .' . . . " c", .! .tll- . . ,,' co ..' Ii! 2:- . . ..': ."':... '- Á .,' .. ',II (7., ~ .0 ...... ' , .fI') . I: . to) :.. VI elf) ;; 1\ . "': , ,; "I !If : ¡,~. -:J ! Ii . -\ _ ~. '.-c I, . ;;. '. Milt .. . j 'III , ,If I .s¡ I· . . ., -, .' Ii .r·T-' ·:t1O II ·1 ";¡ "- t\( O"t- 99~ '3'd. @.... oiINn "",TIf 0·1' "t- !It. 0') . 6 "£-:- ro a. .. . ro ~ . . .EQOZ .0 AON -0 C .L:In, 1.Y08 :.: ' . ( ) .:¡ -,.. .~ .~ . t^tiV . C33H ~ Ji!1 II') - ·11111 r 1 1 wi '.~ ro- I I ~. ..: a: J!~ . . CIQ . )ç ~. I ~ ~ fo '.,J . ~ - '" .I¡ - - . f Idi )! !:!' ð ~~~ .~ 2 H~· .~g~ . ... ! ;I I . _. . . - J § :11 ).. nUl:. .S! 0 ~ II ~::t ~~ ~u ~ .~::) (Us- :t: ~ . Q;. It: :i 0"- (1)0 .~ i!1 CI)- ~~ ~ ~ ....0 . SU ~~ . . ~Q: - W~ l- . 3Nn. .107 C) Q' C) C). C) Q ~ c Q Q Q C) Q 0 .~. ;~ ,... & 0 " q) Iti ..¡. ...; co,¡ - d ..: c.¡ fo) .,¡. iii q) ..... II Ik ...... i- .... .... ... i- .... ... I I I . I, I .. .1 . I:£) .£ - .1 .~I:. I -- -.... -,.- - ._. . (...... . .' INT£RM£OJATE RAIL 2"X6- P. T. HANDRAIL 2'"X6"P. 1. CCA PIUNGS· . , 2" X 8" P. r. . DECKING .. I P.T. STRINGERS P. T. YOKES 1/2" SPACING .\§eR~Je'.l litlll Nò." 170 . April 12, 2005 Page 34 of 43 . PILE WRAP TO BE INSTALLED . 1ROUND .PILING FROM 6" 'BELOW 'MUDUNE" TO l' ABOVE: SHW . OR TO LEV£L OF STRINGERS. . . . . SECTION C-C DETAI/".·· N.r.S. CCA PIUNGS (TYPICAL) " ... , ., 10.' . HANDRAIL 4' 2'")(6" R.T. (TYP.). 10.' ("- . INTERMEDIATE RAIL Z'"X6" P.1. (TYP.) .. STRINGERS PLAN VIEW DETAIL N. T.S. MHW MLW .. I. I I .' -4L '. -4L: SECTION 8-8 CROSS, SECTION. N. r.s. PILE WRAP TO· BE INSTALLED . AROUND PIUNG FROM 6'" BELOW "MUDUN£" TO l' ABOVE SHW . OR TO. LEVEL OF STRII'!CERS. . 'R FOR PERMITTING PURPOSE ONLY·· 'aT FOR CONSTRUCTION . P.E.4Ö156 r -- .. Høudllnrm:Døt:k PIo}tct . , .' 11 tb . IJDèIII . . .~'~r:f=~ZfE' . SIaM No.· at . . "~1J '!'1.~:Z lrP:~''''''':'''''''<#;~~~'e..''\ '\. ~4E' ,U'~" 1"",-" ./.: .(.··~rr;~6t .'f¡..tt~;·:·.,:# .., .,~<{ fit r· \.. \ " .;~i.:r. ..,.~ I:::;':··~ii .' ,. -.~'~"..:'.: ,:·.,.tr:,;>·~,··...·,·.:,;·,,¥-~. ,,"', . 1- l't if·~'a \ ~':" i~~r~.dII' ~.9!f,~ ..: '. . ..",':..."¡'~'.# ....:~";.,,.,':·:·'.J.:;.'i:-r~~.,( .~','.;.........:., ;,~.,:..:....~.....'...,...... .....:~<.,~. _ ,,'.:.'.~..;. ..~ ~ ~'~:.;.~.i~~:: -.~.::1"'~~'''''''''.'~:'''~~-'''~.1 .~, I ...:. ". ".~ ..~... ,_ . . ,'- -'¡;"" ". ~"_ ". .,...---._:;><.-_._,...",,",.._.,--:!:'..;t.. ....¡:tfi..::¡,....'-J ,. ~.~,;.~;..~ ~'.: ,.~~<?~/:~f~:;L'~,~~~;;:~~~~ZXt:;~~:,l~+::.:i/ t:t~.;:!¡~:'$:~"(·~.· }'. '~~{}5Jf-JJ ¡liIJt·:;:l~.':~¢l.'r4Z.f::i~~\~'·~~·'· "~~~~.¿;~;#~:;;rf~.;j.(' l~l7~..ç.n.J~·~.fr'\('~ ".~i ~~>:;'. ~~'-- ·.;.',r...~:· t...·......(, ;~ ~==:.........~' : . . :on:~~"':~ ~!'~ .' {~;\'. \~-:;.~.. . ....~'-;..;~..::-.,>~' -~ ..~'.:'~/<,:.. ..~,~i':":-;¡.-' ·c'.:.- :.",---,-,-" :tt1ì ""b:~~.. "'::i::'.;¡:;;,:;,~' '..\:'~-(". /,~;:,",,~(" .:.¡:;,:~, X;·'~." .:Jr,,, r~!f'" ·,'1' ;,.;. I~!¡; ."': 1'\. ' .~.._h"I~··· ' .'. ....~, '~,' ..,... .. .\.. ,11::.1". ~ ~ ¡. (> ··....:..;:-3 r~t;.:·I~,i.:':.;.::;... :>:;::u.~}~~.-.~I~~ ..:<:~, ·:~;S·I·:~~ :..::..-;: ,~:~ I·~r~~ ::-~"....' '~'_."'-':"'.'..-.".''''''.;'''- '11'1..-'~: ".',..( ..¡l-.. r- :a.fr C. "5011, '.' n " '. : .' " .~t.'.. :;., :~"':~'I":' . :a.T..,."·..j..y,.~. \. 1..\.... 1:'1 ''"'\..' '7·, .... ~ "/:':.:' ~...., ..:--....... - ',', :.., ,~:!···~':::::·,~~,~in,~ -j..... ': .!Nr:.~··~. . ..... .'.'. ;';:;. -" ll-t . I" K:..4:i,_.'.~"':I~)j'r.r:lt>ii::::' " ,. . .~.. 'lit "f I : i" ·~·L it,..:') .'~~:~,"~': ,:~.~~ ......~;:)~;¡ .:~. :-....:...~'...~.: ...,..t::~.l'-",' '.....:::-.~:;~,...~~!'- ¡ ....~,"fiI¡j.-.::: ".2M.:....:..::- .;.¡..~,,!= 'tß '1..J1~~'"''''''''··.·~~'''I~~~'i''' ~'I .a,~.: -"'-'4' '..';:-"1:._Jr'E!~1 ~·.::.>-_I':jí"/ :'~:;·.'·'c.~¡: ¡, J~"·:j~it~~:~;:[Etëí&~f '.: ~:~.~.~.}, ..~:~·r ~ J~~I:~J~i~tt~~;r ~~!··,.iJ::~D~SL :Jh~~;L"'~l~' '~i;t-:' ,.. I '~..I,· :;\ '~'.. ..!~,~..;¡,~...:~t.~ . II :'J.I'P,·:··1i\'~ "'~¡k\ .J..:'<'~r.~.\:,..~. '~':7".' , . .'j.' ""..-r'''~ '-'P., :~¡"';!:~:;;L "~~"~ ,/.'>' .. "~' ¡!.:' ~..:!~ff:({:':: " ;~'t\\ ' , , ... . ..~··':Jl~~..1..J",~"·..;,,.;: "~~;:¡......t.. _'.'.'" .... ..~.>...~_.,}·\f~"",f;~?,\-:,' ~'''''',: '" ,-~ rq'·.",,:,,(~·', ... \~ _.: . "'_ .. r·\"~'.·f o. ..,';. '" ..:,~.. '. ~ ~ ..it, .""."....,.. .... \ íì.J!f~~:'-·;':' ':.--.' .~'.:" .:<~~~ . ~~ .~.' 'JÞ'':. . .~f.' 1i..\ 1 \, \.!~. "".¡l. ,.' .' ;~~. ~~. -.. ,,·t ,I .J.. J ,,,·r... - ..' ~ ~ \r\~,:-:'~": ,,"':::::~ ,.ð'~" >:~:. '!.~ . ~.' 5~:..:i': ,~.':.' ;:¿;.;¡ t.~\,,::::,\ :.1L '. . ')':'~"'\;."J~~:- ,'.~.r:-~.,r'. ..... :·'~.1i$'·;';':';¡¡¡'~'· ' ~~<" .,/ ~'~'.'\ /'-~-:<':'~';'~~. "~':"..~>'/:.~.'Ji'<~' T_. ._'.: .> . :~~::;.. "). ,¡.... ~·7~ . '.. ". '('v, I . .. .. .,\':~ .,.'>/:.;/':..;.. .':tp..:-:I-,r.~--;;. ,," :'-.~\ .... -' --·.....i.~. . . -sr.". .,. '!'.. '."'~" J {'<":~'~~""~?'/::::~'~'~':')' <>t '.< .~:tk:~~'~.. ,.".",.~.~ ., ,. .' .. .. . "''t,?' , ~>~:;,:~t,2:?~,,~' ,': }, ::~~~~~. £. .....···'.œ· \. -- .''-,':.'"'' .,... ,'0" -i·~'''· .-~ '.X~'~ ~ ' r, ( . ,,";.(' ... ::~ '. I. ")~L~.' ':;\.. .......,.. .,1,1 ~....\....:--\.....".'..-..-.":...(. :';1'211'01: .; t :. .:;,,~~"~~".:: ':::[~~Jh, . ';~ t i ,-1-. ¡II~ ë -.... .:, ,;,if,. .It:· ;. io' .\~'. I. I . ..:" . ..~. J...(..-, ~ y·' .' " '. "ij . :CI/'-,,> .. .' "-':':~ .~~~~~. . " . .'.::"'" ~~,,:.. ~....,~. \. ~ ._~.. .:'~'&.~~~~): , '-"~, ~~~.". ,;+.~.. ,.~ '~¥~\. ..\. ., ',' -,. . .~y:\ . ,.¡ .~ $ r . ~"l ." .. ._...__.:....;}!.L,~... ; . · roll') Ç"') .-1'-- 0 'I; " .r··",O_ .N 0 ) ÑC;O ~ - ..- C'? ...J. E'2~~ ,$!c.(';! Q · -«0.. . (t ... "0' c ( ) .0) . « \~ \' ... . ./ \\~~., .... . . \ \\' ""- ',' I \ \ . ", ...of.. EOOZ 9<0 ../\ \ \\ \ \"" '10 . I .' . '" ~ .. . "..... . . :. \ \~\." . ~ ""'i:f" ~ .' {ßøø.,\ \ " ." ~~. ..~ / \Y. Q à \ 0\ .\ '. ' . ....~.. . Q.'/\ "4\'o~ . \ " .'-. . ~ '/~ I '. \. ~ \. \." '" ." . 1 Cb ....~ \. .." ... .1 \ . % . '. \ " . ',.".. . '. . ". .'. .'~ \ .\ . . '. ' :'.. ~ ., I \ \ '\ '0 \ .\.. . ... ... i ~'"' O ,- .::.:..... \ \~\. . ~ ~ .- ï= oJ ,;<t:i~~~:. *-~~~~U~\ ,'\ ~ \ . . ~.~ 'II ~ ' " , c . I f·Jf.~~;(~;: :~?l :~~~~ . \ . \ ~ \ " . .~~~~Õ;. . ~ I ¡ . .ø~ Z. ............... .......... \ ~ \ 01 '.;:,¡.:: z-:¡.:..; E:": ...;.;. ~ ~ --- ~. ~ o . en p:~:ü:·:}:*. ::Ef: :Üj . ð. . !i~' e ~ ·1 i o \ø ~?j.l-?:.:;j. ;.~~f. :::~~::':\' \ \ ~ .\ c:-.. i ~e. iI~ '._ . ~ A~~.:~:./:::...i.;: .;:.....:.: :f.;'~~ . . ~ ?;~ ).. at · , C!J (;';";:::';'~:"';~:': '-':';¡ .:.;.;::,\ \ ð \ . ~~ & I It! . Z ~;{::::::.;~.rj::f.., ~~..~~:,;~\:\ . . \' . ~., II ~ '. ~l1::~tf~}~;~ 6~ C.i~l). : '\' . \. ~ \ . J',! \1.1 . -.' .,. , :: .~. "t. ·...k\ ~ '. ~ .! X . ....;~ ::;Xr.::~\. A· . '\ ~ \ . . W .. :·~~X:L .;" \ a \ . . \j,::\ .' .\'. . . .'. \' ~ :. . q¡ . ft':. . . ~ £ . ..'>-. . . . -ä' -.. . " ' .. - . -"- ~, ~ t . J '\ " %\. .'-" . ':'II'~' ~\~ ~ Jf1!i ~ \ S! , flIt ...... . ~ \ . 0 .' J 3 IJ~. ~\ ~I. :111 ~. 5(.) , ~\ ~i CU L. ~ 1'- ~..Q . ' ~ .1 .~ ~ " Co) ('de .' II: fI: > .Q.I~ Q; ..... - ""' L .~ ." I 16. II la I~ , q;,,:e 1'._ I::) '! . . . . :. co .' ~.' '·4 .... '. '"'1 ... .~ .~: .'. ~ I' ,4('1) . .. . . t II ; .... :. <::I _ . :; t-) . . . .~.' (ü I è/":': ~ Õ l' .. i" tnJ Ib . ~ 'III . I ãt 1 I ~:8 . ~~ ':g -Õ\ .... . CIò 9 . ~. . . . . I ~. . . ~æ . . . '~~'- . Ið~ 1;; . ·§I; i '.~. 8~ .~:~ .~ ~ i !S ~~~ ~. '. E:J.~ [2dX '. i: ~, ,I r . ~. . Q::: . l&J . gs . . a:~ ..... I- 9. u .., ~ ~ CI)' ~ 'co . ~ 110 - S -./ . .... -~_.--.-- . ~-..-..... ~.....- -. . ~. C' ,,,, RESOLUTION OS- _ A RESOLUTION OF THE BOARD OF ZON1NG APPEALS OF COLLIER. COUNTY RELATING TO PETITION NUMBER V A-2004-AR-6792, BY WBSLlCK., LLC, REPRESENTED BY TIM HÂNCOCK, AICP, OF TALON MANAGEMENT, INC., FOR A VARIANCE, FROM SECTION 5.03.06.B.6 OF THE LAND DEVELOPMENT CODE FOR RELIEF FROM THE REQUIRED SIDE YARD SETBACK OF 7.5 FEET TO A SETBACK OF 2.5 FEET FOR PILINGS ON PROPERTY , HEREINAFTER. DESCRIBED IN COLLIER COUNTY,. FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes. has confcmd on all counties in Florida the power to establish, coordinate and enforce zoning and such busincu regulations as are neceasary for the protection ofthc public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (!.DC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geograpbic divisions of the County, among which is the granting ofvariancesö and WHEREAS, the Board of Zoning AppelIs, being the duJy elected constituted Board of , , the area hereby a1fectcd, has held a pubÌic hearing after notice as in said regnlations made and provided, and has coDBÎdercd the advisability of a S-foot variance from the required 7.S-foot yard setback to 2.S feet as shown on the a1tachod plot plan, Exhibit · A ", in & RSF-4 Zone for the property hcrcinafter dcscn'bed, and has found as a matter of fact that satisfactory provision and ammgement have been made concerning all applicable matters reqWrod by said reguJations and in accordance with Soction 9.04.00 of the Zoning Regulations of said Land Development Code for the unincozporated area of Collier County; and WHEREAS, all intcrcstcd p8l1:ies have been given opportunity to be hoard by this . Board in public meeting usem.bled., and the Board having conaideredall matters presented. ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER. COUNTY, FLORIDA that The Petition V A-2004-AR-6792 filed by Talon Management, Inc., representing Weslick LLC, with respect to the property her:cinafter dcacnòed as: Lot 87. Isles of Capri Unit 1 as recorded in Plat Book 3, Pago 41 of' the Public Records of Collier County, Florida. be and the SBmC hereby is approved for a S-foot variance from the required 7.S-foot y¡mt , setback to 2.5 feet as shown on the attached plot plan, Exhibit "A", of the RSF-4 Zoning District wherein said property is located. subject to the following conditions: 1. Approval of companion item BD-2004-AR-6797. Page 1 of2 Agenda Item Nò. 178 . Apríl12,2005 Page 37 of 43 <-~ - ______n· _.,_ . .. .,__.,. --. -.---. - ,-... i' BE IT FURTHER REBOL VED that this Resolution relating to Petition Number V A- 2004-AR-6792 be recorded in tho minutes ofthia Board. . This Resolution adopted after motion. second and majority vote.. Done tbia day of .2005. A'ITEST: DWIGHT E. BROCK. CLERK BOARD OF ZONING APPEALS COUJER COUNTY. FLORIDA BY: . CHAIRMAN Approved as to Form and Legal Sufficiency: I~B~- Assistant CoUDty mey VA-2004-......-6792IRW1Id Page 2 of2 Agenda Item No. 178 April 12, 2005 Page 38 of 43 -.-...- II)U'?C") ,....o'<t ...-0_ ,NO!:: ~~~ 5' E'E ~ c::> .$ a.rc .. -;;;<{a. .. 1:) c: Q) C) <C " .~ r,·,'''' , I \\~~\-"- J \\\\\"" , \ \ \\ \ \" "- I ", ,,~ ~ ðc; \0\ \" ~~ ~ ~ f J. . \ \ \" ,,~~. ~ .' X ~ à 0\ 0\ \"" . ~ ~ I~ \ ~\ \" " ~ ,"" "' \ '\ \ \ " .. "- "- : \ \~\ \ ", "- , \ ~.\ \ ' \ \~ \ \ . \~ \ \ ~\ \ \ ~ \ \ \ ~\ ' \\~\ ~"\ \ ~\ ~ \ \ ~\ .:f, \ ~\ \ ~ U~ ~ \' J ., ~ I ' \ e . J . ~\ "i dfm. ~\IIII ~\ il CD s... ~ Ii ~~ ~ Ea c,ed ;.~ ~Q 10 ' , Q;" - g:..... I."'" .~ ., ø a ,II"" II., ,. 'f5 ! ~~. f,: b" 1'" ~ ' ft) 1.1 ' ~(I, ... 11 !of :~ ., . II :, ~'- ,. '~" tU ~~~ ~ ...... , - ~ t ~ ., ," N ,. ~ '. I JII. I ,J!. Ii (:) - - a: ~~ i..oJ , ~:ä~ ~~eo.¡ ~j~ ' ~~i~ J~ ~2¡S! 1'1 J:¡ , J !, =:. -\-0 :./i .... ...s: ~ ~:8 c:i. ...,2! I - .... ~ 9 ~ ~ t5 Q.: '~ ~ £l:GI) '- .....3 fd ~ ~ ~ ' ~i . ~n i ~ .". ~! ~ !=~ m : ~ I § ~.~~ ~ I r.-'l ~ fTI] X L.d~g .. ~ ~' - --________.1>-- ~__ ~ . Agenda Item No, 178 April 12, 2005 Page 40 of 43 - JimHugh~s. Electric Co. Inc.. . '·9'4 DøI"nfn,Cirde Naples) Florida 341 l3-40T6 Pfione: 3'9<t~731. F.~ )ø4I:...·S$s· 'f:: .' .__ 'Ö;~19 ~ CoDier OeUDty~~em Zonìng&~LandÐeyeløfJIBeQtRevie.w: . . 2800 HorSeshoe Drive Naplës FL 34104' 2'1 December 2004- . Gt:tttlemen: "--. .' . W:eña.~B):øhjCåiœ to ~g·the ~.t¡;) 82.t>o)phin Cooe, I~.ot Cøpri, 'Unit 1 Lot 31. . We:lM:~,t:beIdiD&~.iy.'-~l'~;all ~f ~onttt~'sfløtdd' ·œve .acœss. fåra'dOdånJ faèiliiy '. . . . Yøurs'truIy, '"' J:;B;?~/~ " Cy: Ta1œ Maœjement TimHattcoc~ AlCP " 3398 T~i Trai1Nortb suite 202 NaplesFL 34103' . -.... . .'--....- ~ . þ .- Re. ffiition #VA-2004-AR-6792 . Dear 'Heidi Wiliams .. ~...~ Þ·. ...._ .. ....... . - ...... . .. .-. . , Wð tìiive::rio'06Jections tô·this petition ~",,,,,'..._,,..,,, ... .'.... . . . \ÑiH~~~- . ."" . .. ..... .. ......... -.-- '" .. -.. .. --....-... .-.- -. .. June:wiìcKërt·· . . ..... -., .... '.#' 23W ~elÎcan St 239 ~20356 .' JJ~ V~ ~W~ Agenda Item No. 178 April 12. 2005 Page 41 of 43 .' ~~ / ~ .. .~ /.. ~(' ·";'·#P.ø "'-:'''' ~.9~'~~ ',- . .~ y '-:, . .' ~ 12123/04 -...---...... ... . . ..... - .. - ~ . RESOLUTION os-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETmON NUMBER V A-2004-AR-6792, BY WESLICK., LLC, REPRESENTED BY TIM HANCOCK, AICP, OF TALON MANAGEMENT, INC., FOR A VARIANCE FROM SECTION 5.03.06.E.6 OF THE LAND DEVELOPMENT CODE FOR RELIEF FROM THE REQUIRED SIDE YARD SETBACK OF 7.5 FEET TO A SETBACK OF 2.5 FEET FOR PILINGS ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. Agenda Item No. 178 April 12, 2005 Page 42 of 43 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a S-foot variance from the required 7.S-foot yard setback to 2.5 feet as shown on the attached plot plan, Exhibit "A", in a RSF-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfi1ctory provision and arrangement have been made concerning all applicable matten required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in 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 The Petition V A-2004-AR-6792 filed by Talon Management, Inc., representing Weslick LLC, with respect to the property hereinafter described as: Lot 87, Isles of Capri Unit 1 as recorded in Plat Book 3, Page 41 of the Public Records of Collier County, Florida. be and the same hereby is approved for a 5-foot variance from the required 7.5-foot yard setback to 2.5 feet as shown on the attached plot plan, Exhibit "A", of the RSF-4 Zoning District wherein said property is located, subject to the following conditions: 1. Approval of companion item BD-2004-AR-6797. Page 1 of2 Agenda Item No. 178 April 12, 2005 Page 43 of 43 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2004-AR-6792 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of .2005. AITEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to Fonn and Legal Sufficiency: Jennifer Belpedio Assistant County Attorney V A·2004-AR-6792IHW1Id Page 2 of2 Agenda Item No. 17C ~iI12, 2005 ~ lof 38 A VPLA T2004- 7022 EXECUTIVE SUMMARY Recommendation to approve Petition A VPLA T2004-AR7022 to disclaim, renounce and vacate the County's and the PubUc's interest in the 20 foot wide drainage easement located along the rear of Tract "I", according to the plat of "Northbrooke Plaza" as recorded in Plat Book 31, Pages 65 through 66, PubUc Records of Collier County, Florida, located In Section 19, Township 48 South, Range 26 East. OBJECTIVE: To adopt a Resolution to vacate the 20 foot wide drainage easement located along the rear of Tract "I", according to the plat of ''Northbrooke Plaza." CONSIDERATIONS: Petition AVPLAT2004-AR7022 has been received by the Engineering Services Department from Gary Butler, P.E., from Butler Engineering, Inc., as agent for the petititioner, L & M GBC, LLC, requesting the vacation of the 20 foot wide drainage easement located along the rear of Tract "¡O'. The drainage easement is being requested to be vacated because the petitioner needs the additional area to construct buildings in the rear of Tract "¡o' currently occupied by the drainage easement. The drainage easement is not needed because the project site stonnwater drainage will be redesigned to drain all of the property toward the south side into a proposed water management/preserve area adjacent to Northbrooke Drive. ,"1f1I1*>o A letter of no objection has been received from the Collier County Engineering Services Department, Collier County Road Maintenance Department and Northbrooke Plaza Association. FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee ftom the petitioner which covers the County's cost of advertising, recording and processing the petition. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATION: The drainage easement needs to be vacated in order not to have the proposed buildings encroaching into the easement. RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for Petition A VPLAT20Q4-AR7022 for the vacation of the 20 foot wide drainage easement located along the rear of Tract "I", according to the plat of ''Northbrooke Plaza"; and 2. Authorize the execution of the Resolution by the Chainnan of the Board of County Commissioners and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. /""" PREPARED BY: Rick Grigg, Land Surveyor, Engineering Services Department. Agenda Item No. HC April 12. 2005 Poge 2 of 38 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS M..ting Dat, 17C This Itðn1 requires 1hrat aU participants b~ sworn in and Ex Pane Disclosure be provided by Commission members, RI!IDClmmendRtion to approve Petition AVPLAT2004-AR7022lo disclaim, renounce Bnd vllcate the Coun1y's and the Public's Interest in the 20 foot widE: dralnla(¡~ ea:r;em"nt jocnted along the rur of Tract ~t· according 1(1 the "I Rt of "Nonhbrooke PIß1.8" 1iI'i recorded in Plat BQoK 31, Pages 65 U1rough e6, Public: Records or ColUer CDunly, Flonda,lacated in Secllon 19. Township 48 SOUH1, Range 26 East 411212005 900,00 AM 118m Number Item Summary Approved By Thom.. E. Kuck, J'I,E. CDES Engiltur¡ng SeNicea Dìreotor Date Commul'llty Pevølt)pm.nl & CDES E"'\Iineerlng Sltrv'CeI 3JÐI2DOS 12:32' PM Environm.rnt¡¡1 $.,rvic.eII Approved By Sandra Lei EucutlvlI!I ~ecr4't..ry Date COlYlrnur.ity OIWeloJ,lmemt & COl'l'lmutJi~1' O....aloprnent & Er\I,/ ronn'ItIl''It.1 Ser...lcu-I Environmental Servioe_ Adndn, 3,8120D5 2~05 PM Approved By Con.tancl!! A, Johnøo" Operations Analy.t Date Community Development & Community Development &. F.n.....lronmant.1 fir-NIce.. Envlmnmrmtat S~fV c:e. Admin. 3/1A'ZO05 3:46 PM Approved By Joeltph K. Schmitt Cornmunlty O.,vltloþlTlent & Environmental SGNit.... Adminatrator D... ComnlUfllty Oevelopment & Corumullit'l U...,edoprnillt1t& EnvltOnmental S~r...ice$ E:nvironmentai S.rvlcG4 Þ.dmin, 3114l20Q5 7: 16 PM Approved By OMB Coordinator A<1mlnl.tr..tlve An/atlnt Date County Man.gilll'" Offil:lu Offu,:¡e of MQn.~""nel1t So SUdgert 3/1&{2006 11:07 AM Approved By Mark ".ckllon BUdget Analyst Date County Milllnagcr's OffiCII OtticlI 01 Management & Budgtft 3131120052:40 PM Approved By Mic.ha.1 Smykow4kt Managermltl1t & Budget Director Date County Ml1Iulg6r'lf Office Orfie. of M.hil9ftnIClnt... Dlldgel .,4/2Q06 10:5) AM Approved By .h"flCUI V, Mudd County ~lInçI9C1r [JlItft Bo.rd of county CommUJulol1ers Couroty ManaS8"II Otfiçe 414/20057:04 PM Agenda Item No. 17C April 12, 2005 Page 3 of 38 RESOLUTION NO. 2005- A RESOLUTION OF TIffi COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2004-AR7022 TO DISCLAIM, RENOUNCE AND VACATE TIffi COUNTY'S AND TIffi PUBLIC'S INTEREST IN TIffi 20 FOOT WIDE DRAINAGE EASEMENT LOCATED AWNG TIffi REAR OF TRACT "I", ACCORDING TO THE PLAT OF "NORTHBROOKE PLAZA" AS RECORDED IN PLAT BOOK 31, PAGES 6S THROUGH 66, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.10 I, Florida Statutes, Gary Butler, P.E., from Butler Engineering, Inc., as agent for the petititioner, L & M GBC, LLC, does hereby request the vacation of the 20 foot wide drainage easement located along the rear of Tract "I", according to the pIat of "Northbrooke Plaza" as recorded in Plat Book 31, Pages 6S through 66, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the 20 foot wide drainage easement located along the rear of Tract "r', according to the plat of ''Northbrooke Plaza" as more fully descn'bed below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following 20 foot wide drainage easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of2 Agenda Item No. 17C April 12, 2005 Page 4 of 38 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of ,2005, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Fred W. Coyle, Cbainnan Approved as to fonn and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Page 2 of2 ..:~ Agenda Item No. 17C April 12, 2005 Page 5 of 38 --,- .---- -,-- Dennis M. Portella, Sr. PLS PORTELLA & ASSOCIATES, LLC Land Surveyors PHONE: 239-775-6511 FAX: 239-775-6465 Email: Dportella@aol.com EXHIBIT "A K SHEET I OF 2 A VPLA T2004-AR7022 MAILING ADDRESS: 2384 Linwood Avenue Naples, Florida, 34112 DESCRIPTION OF 20 FOOT DRAINAGE EASEMENT ON TRACT "I". NORTHBROOKE PLAZA A PARCEL OF LAND BEING DESCRIBED AS; THE NORTH 20 FEET OF TRACT "I", NORTHBROOKE PLAZA, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 31, PAGE 65 AND 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Parcel ofland containing 0.13 acres. Subject to easements, restrictions and reservations of record. Bearings:aonform to the North line of tract "ID, Northbrooke Plaza, being S 89°52'48" E, per plat. ""/',,... "'--, :..-...:....:,.-~~~ :~:'-~ -> . ~ -.~: O'er:mis)Ji: ~~lå, Sr., PLS # 4504 --'-Not .vaüft tJñles.S'·signed and sealed WittH~ó~origfñal surveyors' seal I ,- ... cA .. c:tM1'EIIIJNE .. . 8ÐIIII'MK ~ IIIM). NA1ICIIIAL IÐŒ'IIC R/! . IW1IIS PCIIfT .. . CCIIØIE1E IICINIIIoIEJIT c . CHIlI WR1IIIIL D#l1UIII elf' 11121 RIW .. IIIItT CIf' av . . DEL"" C8 _ CNQlllIEMIIG ~ OIHIRWK IIO'ÆD) licit - ICIIIDI ...... . FÐIŒ a. . CIioIIIN LJI( . ... fa IMIL lit IWL , TM - - IIC'1ICII . _ fIIIØIIRTY CIIIIIEJt aI _ CCIIICIIE1E IICIiUIPT ØI _ O\EIIIEAO SW . ~ 1-- MOllE OIII.ØS COMe - CIIICX1E P . I'\.AT II - SMlTM'I' ... _ NØI' 11) ICIIL£ cat . CIIIIIEJt PC . PCIIIf f1f CUlWA1UIIIE T - - . POIÐI UIC 0 . OEID Pa' _ f'ÐIAMIDIT CQI1RQL PCIII1' 1111 - 18I'OIIM'f o . SET .... (1/8 DL- _ ÞIBIIJIT .. - PCIIIf f1f ...-'>.... CTV - eMU: 1IIDBIII -T- _ ==:::s> :: : ~ PI.S - ........œøw. LMD -...ÐOII U': : ~IMD A. _ Me OW _ 0lIl'11 WAY P08 - PCIIfT f1f ..... UL - U1aIT't EMÐIÐIT N: _ NIt CGNOI_ EL . 11IIYA1IIII 10C - PCIII1' f1f ~ lIlY - u.nY ",. _ ~1E E!IIT - £toSÐIDIT ..... - ~ PCII.E .. . ...xl ASI'tI _ All'ttALT fR - ..... FUIOR ELEYA'IIDII .... - PIJIWIINT RII'INIIŒ IØIIIIINT .. - .... IICIUIINT III) ." _.ft FND - FQWI) PT - PCIIfT f1f TNlUHT XFIII - ~ ...... - =-=- CIW _ en ... ......, - PAWIIENT ...... - __ iii _ IIfAIUB) R . RØIS lit IIAHGE BUt - ILOCIC IiIIW _ .... .-at a1ER IIEC - fIECCR) N 7\\ 0\ ~\ ':£\ ~ \ :\~\ "\3 \ ~\~ r ~\~~ 'P.: \ lJ\ ~ ~ ~\...(.\ TRACT i- .,.. £. \{'\ \ (V ACANT> ~ \\ ~\ ~ ~~\ ~ \ <s,\ \ b ~- \ ~\\ ~ ~ ~~'------------- ~ ---- \ ~........... 10' UTILITY EASEMENT ~ - - N89:S~4~ - -éiõ.'3P(p) - - - \ \ \ \ \ \ D------------------------ TRACT "c" (VACANT> ----- TRACT "If' C-1 R = 50.0' DEL TA = 78-15'56' ARC = 68.30' TANGENT = 40.68' CHDRD = 63.11' CD = N 50-44'50' \J .... -- -------------- NORTHBROOK PLAZA DRIVE 60' R/W 6~ SCALE: 1" NOT A BOUNDARY SURVEY Pt.A483.D'w'G REVISIONS LEGAL DESCRlPTIDN rILES SIŒI'CH TO ACCOMPANY DESCRIPTION PR6NØD lOR: 81.'IV8 r.onuss POR'I.'I:I.1.I. II: ASSOCIATES. u.c LBI "7S04 23IS4 UNWOOI) AVE. NAPl£S. FL 34112 SCN.£: 1". 60' M'Œ: OCTOBER 12. 20()4. (239) 775-6511 Agenda Item No. 17C April 12, 2005 Page 7 of 38 16Al (i) A....t""_ .... PE11TION FORM FOR VACATION 0'" PLAn OR POIn'IONS . 0'" PLATS 0' SUBDIVJDED LAND ¡J ¡:¡'VPLt:lT~-191Z '70Zz:. Date Reeeived: p \J. I e 2t:J1!::)4- Peaaa It: PMIUaer: J Qj.. 1'-1 c::; ~ . L L C. Addns 5" /2 5 £3., sJ.¿J I ~ tJr.· CltyJSble: NOn J.¡f!t::; ¡::: L , . ApDt:~in-et:nn.9' Tnt!.... Addn.: ~a ~.3 ;:ra de. (I¡ø.¥ï+~ W~ T.........: S{P&>-~~ CIty.lSúa.: ('¡ r I ~ ZIp 0.: 34/0 AtWrwelMjectPllr"'t7i ~5?5 Norl::hbrooL P)a?o.... /)r. '-"": SecdN ,q T....... 48' .... ~ ~ s..~111I,; tJoc-4hb-ooK þ~ IApI 0..-..... Let - BIoct -' Ulllt - .........:31. Pllll(1) to 5 of /p It; ............ lit: rfö,:;pYnp,d- I\D+ r.~~l)Y~ c.rn.t 7_. p, 1.. Ö 0.......... .. N ð 711."_: '7'17 - 5/ {,8 ZlpCMc ~4-IDB n·~:c;~r:"-'- )(Y·8~ /01 SrJ5V~ Ú>1JÐ ßE_4S Prt.t N_ o ::a ""-» ... CD ... ;g .. ...... - MPoIIcy .... .... r. "... fer tIIa v...... .... ¿- "- '.1.,..... _ ....1".... eI.... ., ~ ::.-:'lIlLa111P.......llteflLlblll..._ Ir-w..wMdI_. III ~.J"''''-- ......... 2 o---.~.. IlJl .'.~..IIk- ............... -- "-I......D~II-· -- t ~ NertIa ø........ Dr. ,.,.., ......... 34114 ¡ (I) If..J~r~~'II..............-- t "'_.nv -~ ~ (2) If lJJ~' . II. OhpJ.........._. ......~ ~ .IF.... T ... _el........ ..,..:, Ii' "II'IIIJ~:~ If ".rt:d~ II. ............... ......,... 1·.. _ ....., -"-11....'.... WJ ..._.. r:::......... R E C E , V E 0 I~ .. -, NOVI ï' 2004 A-" -.". ,: ......al4 (3) (4) - Ah Agenda Item No. 17C April 12. 2005 f .eec:.1!! t P'f1 Page 8 of 38 Official Receipt... Collier County Board of County Commissioners CDPR 1103 - Official Receipt Trans Number 535590 Date 12/31/20048:56:19 AM Post Date 12131/2004 Nbr Appl Name: BUTLER ENGINEERING INC Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 2223 TRADE CENTER WAY NAPLES FL 34109 ProJ Name: NORTH BROOKE PLAZA TRACT I Type: COM TAZ: 29 Subdiv Nbr: 3019 Project Nbr: 2004120056 Payor: L & M GBC Fee Information I Fee Code I Descriction I GL Account Amount Waived I 110TRVC I VAC EASEMENT-ROW 113113832632910000000 $1000.00 I Total $1000.00 Payments Pa ent Code CHECK Account/Check Number 101 .$0.001 $1000.00 $1000.00 I Total Cash Total Non-Cash Total Paid Memo: Cashier/locatlon: CORZO _M 1 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Prlnted:12/31/2004 8:56:54 AM ·_..._. '_... "H. .. '1. 11< Prenared by' mid lI!tum to' Wlllilm 1.. Ow... Bond, 5cboeaedt" Kine. P.A. 4001 Tlmllml Trail North 501le.250 Napla, FL 34103 File Nomber: TIB-L&M Pen:olldentirocation No. 63944000585 "- '~I TbilUno Foo boonItrc DIU] I Warranty Deed ( "08. - Thb Indentun> ma4e this 10t11 day of AUlaot, 2004 between L&M '''loen~lp, a Florida partnenblpwh_ pOll offICII addIau is ~25 Cullllo Drive, Napl.., FI. 34103, p'1IIIIaI'., and UIIM GBC, u.c, a Florida "ndled liability company wboH pOll om.. addraa i. 5133 C..tello Drl,", Nap..., FL 34103 oftbe County of CoWu, State o{Plorl\la, ......., WilDeuetb, that laid pIIor, for IIId In cOIIIlderatlon or tho sum or TEN AND NotlOO DOLLARS ($10.00) and odIer ¡oed end valuablo COIIIk1endoaIlO ø.Id rIII!or in bond paid by Kid p'llltee, the .....ipt whomr i. hereby ocknowled¡cd, IIu panted, 1NIrpined, aDd ..Id 10 the llid paatee, and cramw. hein and ...i¡nI Corevor. the rolfowi.. dclCribed land, .inwe,ly!nc UId belnlln Collier Cooat)', FIorIcI., ""'wit: AU of Tract "r", Northbrookc PI_, II recorded bI PI.I Book 31, 'qll 65 lad 66, Pobllc RlCOr'" orCoJDar Cogalf, Florida. Sabjecllo rulrictioas, reservation. and _.....b or record, If any, and lor.. .u...eq....1 to 2003. .nd .Iid ~tor do.. hereby fully WIII'IIIt the title 10 Slid lana, and will d.fend the III1ICI Ipinlt l.wtill c, oim. or.1I penon. wbomlOe¥eI'. . 'QranIor" .·CJnDtM·....., rorlØll\llllorplwal. II eonIfttll4l1å,.. In Witnu. Wk.reof, plðlOr hu hnunto .et p'lll1Or'1 bond IIId ...1 the day and year fint .bov. wriIIcn. Sisned, _led and dcli...-.! in our prwence: 3D" ÑIL..JN'.f...UG1 Si~~rw¡;~'Nl Prinlld N....: ~UW\&f A.\krrtir ~("'J4dÙ" ~~ rWj l¡eaN2 J' PrinIed ~:ï'J.I'>I'\Y "P,111 d,"t J.¡ LAM Parlllenhip. al'1oriclo pIItJIllp Bªl~ ~ tevo Low ::~ L'líéy III: Parmer STATE Of' FLORIDA COUNTY OF COlJ.ŒR, The renloing lIIa_t wu ocItnowlodpd boforo IM!IIia I btl¡¡lbo~ AIIJIUII, ~004, by Steve Lo..I... IIId Lucy Miller, who &1'1 penoooUy Imo... to me or who hove produced~ (1\11 vc. II rU\f.t5 u iclentifRotjan. _ }r~V!"u.+ NOTAlty, Uj . ..:3U\"'i~.2y'" . -W.....YT"'>+ (PriøIed N_ orNOIIIy Public) My Conunlaaion &pires: ( SE:IILJ .-A.WIRIT III'~'CD_ -=.':..~ It DoubloTlm.. , .-.-....- Agenda Item No. 17C April 12, 2005 Page 9 of 38 _..--J!2/11l2øa5 14: 38 9415661327 BUTLER ENGII'£ERING Feb-04-05 02:08P Miller & ~~!9Ç~.~.s. Inc. 9.1-434-7738 ---- - ---'. - . Agendà Itg~o. ~~C ApriPl í!~05 Page 10 of 38 . ,'...... ,- ~~~[0) u~~~©~~~u MaIJt of "'. do not receive canCtIIIed cheCks from the bank. Therefore. .. · court..y tn,. reoejpt ¡I being provided to you a. verification that your pf'OpeI'ty tIDe payment hU been receiY8d. i: I~tll 11¡:i1 -.m -..... ........ am .-.. ...... -..... ........ ........,.~ ~.........O'1 1 1UlNl.1I\IIMI.... I m3~ Da 341f)f!l.n3 --- .~&Oa 't'U.C'I' I IAèi - °ì'f¡'~8, ',0....2 ..... a.v.... SkIe For ¡aav Opertjng InahUctlO~· 4. ~ e..-, c.,.C. cou.II.. COUN'!'Y't.. OCIU.ECTOft COLJfllTtolOU8 aDO 0.1 N~I'. 'I. 141 'I."''' flltilCllnlO J-.c:LAtI_ ¡.G JlCllfllGt _ fOWl Ml/lIIUI .... NO ... LU4 <II GIi .Jckt'l~ 1lJ~-stIO~1'02 ÜIDC:O r-.,OM ....0_ ,N 0 o - ZN"- ,-'- E= Q) Q)....c¡ ..... c.ro ~«a.. "0 r:: Q) !l o ~ I ì 66~ ~ I- ~ Ci) it) M . ~ . 0") <C 0 ~ ~ N ~ c::: N .. A I< ! ~ I- O;)\:) ~. <0 ".. -' '\62~~f 1ft~C1 \J I I i I! II~I ~ .!~~ i~11 ~ i b~ i ã5 c li~ i I ~ (1111 J ~j III: Ii -g:: . ~ IUIIE ··:·JJfl¡if Iii ~ ¡I!!I ~~ 0 J Ii I ~~ ~ ~~ ~ ~~~~ Q~=OO ~~~Z =: <0 f:9~~~ ~~Oi ~~~ O~'-' ~~ 0 ~ ~ .. 1i z~.~ T" . . .... ... ---:-- - - ----- - - ': ,( . _:' \ '" , .- - , ~ ~ Details Agenda RHFNo~Hc April 12, 2005 Page 13 of 38 Folio No.1 63944000022 Owner Name BOU-8L1MAN, MICHAEL G-& HAYLEY Add....... 2630 NORTHBROOKE PLAZA DR CI NAPLES State FL ZI 34119 - 8004 Legall: NORTHBROOKE PLAZA TRACT A Acres 3.5 Section 19 Sub No. ot Use Code 521250 39 2004 Final Tax Roll Latest Sales History $ 1,029,105.00 $ 4,252,075.00 $ 5,281,180.00 $0.00 $ 5,281,180.00 $ 0.00 · Taxable Value $ 5,281,180.00 SOH" ·Save Our Homes· exempt value due to cap on assessment Increases. Date 07 / 2002 03/1"9 Book· Pa e lQli_~_Jn 2529 . 552 Amount $1,200,000.00 $0.00 -- The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=0000063 944000022 12129/2004 Details Agenda ~Nc:P.~:le April 12, 2005 Page 14 of 38 Falla No.j S3944000284 MaD I 1- OWner Name NORTHBROOKE PROFESSIONAL LLC Add....... 5408 PARK CENTRAL CT CI NAPLES State FL ZI 3410. ·5t34 Leg.l~ NORTHBROOKE PLAZA TRACT C Acres 11.58 Section 19 Sub No. --t U.e Code 2004 Final Tax Roll Latest Sales History Value $ 4,539,823.00 $0.00 $ 4,539,823.00 SO.OO $ 4 539,823.00 $0.00 Date 12/2003 031 2002 Book· Pa e Hlt=-1O.3Ø 3008 . 3358 Amount $ S 100 000.00 $ 3,783,200.00 -- The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp?F olioID=0000063944000284 12/29/2004 Details _._-------_._-~._. ....- - Current Ownership Property Addresen 2535 NORTHBROOKE PLA DR Folio No·1183M40001527 MaD I Owner Name D&D REAL TV LLC Addres... STE 401-<: 8380 PEUCAN BAY BLVD C NAPLES State FL Lega'll ::~~~ROOKE PLAZA Section 19 II I NORTHBROOKEPLAZA VACANT COMMERCIAL ~ Township 48 Rang. 28 Acres 0.48 Sub No. '1J Us. Code 521250 10 2004 Final Tax Roll $180,338.00 $0.00 S 180.338.00 $ 0.00 S 180,338.00 $ 0.00 -- The Infonnation Is Updated Weekly. I Map No. 3819 Agenda~_ ~cP.~ jc Apríl12,2005 Page 15 of 38 ZI 34108 - 7133 I Strap No. 5212150 F 13819 Latest Sales History Book· Page 1122.=.11.20 http://www.collierappraiser.comlRecordDeta.i1.asp ?F olioID=0000063944000527 Amount S 218,100.00 12/29/2004 Details Agenda ~_ ~cP.~ 1C April 12, 2005 Page 16 of 38 Folio No·1I63144000M3 Map II - Current Ownership Property Add...... 2M5 NORTHBROOKE PLA DR awner N...,e MADISON, MICHAEL G Add....... SUMMERTON·MADISON, SUSAN 2138 LONGBOAT DR C NAPLES State FL Legalll NORTHBROOKE PLAZA TRACT G ZI 34104 - 3377 SectIon II Township Range II Acres 19 48 26 0.46 Sub No. II 521250 I NORTHBROOKE PLAZA '-!J Use Code 10 VACANT COMMERCIAL I MIIp No. 3B18 I Strap No. 5212110 G 13818 2004 Final Tax Roll Latest Sales History $180,338.00 $0.00 $ 180 338.00 $ 0.00 S 180,338.00 $ 0.00 (= Taxable Value $ 180,338.00 SOH .. ·Save Our Homes" exempt value due to cap on assessment increases. Book . Page J.11L~_3.011 I Amount I $ 201,000.00 -- The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID=0000063944000543 12129/2004 Details Agenda f. Mot?~ Jc April 12, 2005 Page 17 of 38 63944000569 BURNS, KEVIN M-& DONNA M 8080 HIDDEN OAKS LN NAPLES State FL ZI 34111 -1134 Legall: NORTHBROOKE PLAZA TRACT H Acl'H 0.48 I Map No. 3819 I Strap No. 121280 H 13811 521250 10 NORTH BROOKE PLAZA VACANT COMMERCIAL 2004 Final Tax Roll Latest Sales History $180,338.00 $0.00 $ 180,338.00 $0.00 $180,338.00 $ 0.00 Date 02/ ZOO4 08 / 2002 Book - Page 3495 -1109 3111. 2762 Amount S 281,000.00 S 218,900.00 -- The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=0000063944000569 12/29/2004 Details Agenda ftMICNb.of7t April 12, 2005 Page 18 of38 Folio No. 63948000028 OWner N.me DINUNZIO JR TR, PHILIP Add....... CHRISTINE MOLSON TR REVOCABLE TRUST 7/25197 5/8/97 6931 SANDALWOOD LN CItv NAPLES n Statal FL u ZID. 301108 ·0513 NORTHBROOKE SUrrES A CONDOMINIUM UNrr 1 Acres o 521300 4 NORTHBROOKE SUrrES A CONDOMINIUM CONDOMINIUM 2004 Final Tax Roll Latest Sales History 05 ~~~01 I Book· P.ge 2820 . 2231 I Amount I $ 221,400.00 L.nd V.lue $0.00 (+1 Improved V.lue $ 206.770.00 . (=) M.rket V.lu. $ 206 770.00 t·) SOH Exemot Valu. $0.00 (=) As.....d V.tue $ 206,770.00 (-) Homesteact and other Ex.mpt V.lu. $0.00 /=) Taxable Value $ 206,770.00 SOH . "Save Our Homes" eKempt value due to cap on assessment incresses. - The Informetlon Is Updat.d Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=O000063948000028 12/29/2004 .-.-- "-.--..------..- - ..-- ..--.--._ ··_ø'. ___.. Details Agenda '~pf7t: April 12, 2005 Page 19 of 38 Folio No.1 63948000044 Map I - Current Ownership Property Add""~ ~S38 NORTHBROOKE PLA DR Owner Name STANCK, GARY H-& ROBERT A A Add,..... 1108 GROVE DR CItY NAPLES U Statel FL . ZiP. 34120 ·1425 NORTHBROOKESU~ES A CONDOMINIUM UN~ 2 Acres o 521300 4 NORTH BROOKE SU~ES A CONDOMINIUM CONDOMINIUM 2004 Final Tax Roll Latest Sales History LIInd Value $0.00 (+) Improved Value $ 83,235.00 (e) Market Value $ 83,235.00 H SOH Exempt Value $0.00 1-) A......d Value $ 83,235.00 I (-) Homestead and other ExemDt Value $0.00 (=) Taxable Value $ 83,235.00 Book· Page 2820 . 2245 Amount $ 94,300.00 SOH = 'Save Our Homes· exempt value due to cap on assessment ¡ncraases. - The Informatlon Is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=O000063948000044 12/29/2004 Details Agenda ÐqcNb.of1t April 12, 2005 Page 20 of 38 Folio No. 83948000060 awn.rNarne WALKER, ROBERT C & JUDITH E Addre.... WALKER, DAVID C & TRACI WALKER, PAM 2111 OAKES BLVD City NAPLES I Stat.ft FL I ZloR :s..119 ·8756 Lagal NORTH BROOKE SUITES A CONDOMINIUM UNIT 3 Section 19 Acre. o 521300 4 NORTHBROOKE SUITES A CONDOMINIUM CONDOMINIUM 2004 Final Tax Roll Latest Sales History Dat. Book· Page Amount Land Value $0.00 I (+) Imorov.d Value S 278.520.00 {-) Market Value $ 278 520.00 I {.) SOH Ex.mot Value $0.00 {-\ As.....d Value S 278,520.00 I (-) Home.tead and other exempt Value $0.00 {-) Taxable Value $ 278,520.00 SOH . "Save Our Homes· exempt value due to cap on asse8lment Increases. - The Information III Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=O000063948000060 12/29/2004 Details Agenda ifltitNb.of7t April 12. 2005 Page 21 of 38 Folio No.q 63848000088 MaD ~ - Current Ownership Property Add.....~ 2544 NORTHBROOKE PLA DR Owner Name WALKER, ROBERT C & JUDITH E Add....... WALKER, DAVID C & TRACI WALKER, PAM 2171 OAKES BLVD City NAPLES 1 StateR FL I Zløl34118 -8758 Acre. o 521300 4 NORTHBROOKE SUITES A CONDOMINIUM CONDOMINIUM 2004 Final Tax Roll Latest Sales History Land Value $0.00 (+) ImDroved Value $ 278,120.00 (.1 Market Value $ 278,520.00 (.) SOH· Exempt Value $0.00 ,.) As.....d Value $ 278,520.00 (-) Hom..tead and other Ex.mpt Value S 0.00 (.) Taxable Value $ 278.520.00 Date Book - Page . Amount SOH · ·Seve Our Homes· exempt value due to cap on e88eaernent Incres888. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp?F olio1D=0000063948000086 12/29/2004 Details Agenda JPq.cÑJot'it April 12, 2005 Page 22 of 38 Folio No. 63948000109 Owner Nam. WAL.KER, ROBERT C & JUDITH E Addr..... WAL.KER, DAVID C & TRACt WAL.KER, PAM 2171 OAKES BLVD City NAPLES I StateD FL I ZIDT 34119 ·8756 Legal NORTHBROOKE SUITES A CONDOMINIUM UNIT 5 Section 19 Town.hlp 48 Acre. o 521300 4 NORTHBROOKE SUITES A CONDOMINIUM CONDOMINIUM 2004 Final Tax Roll latest Sales History Land Valu. $0.00 (+\ ImDrov.d Valu. $ 276,520.00 -1-) Mark.t Valu. $ 276,1520.00 11-\ SOH Ex.møt Value $0,00 ,.) As.....d Valu. $ 278,1520.00 II-} Home.t.ad and other Exempt Value $ 0.00 '-I Taxable Value S 276,520.00 Date II Book· Page I Amount SOH'" "Save Our Homes" exempt value due to cap on a888l8ment increases. -- The Information Is Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp?FolioID=0000063948000 109 12/29/2004 ,.~._- .·0- __ _____ Details Agenda r~øf7t: April 12, 2005 Page 23 of 38 Own.rName TW PROPERTIES INC Addre.... 2548 NORTHBROOKE PLAZA DR citY NAPLES I 81M.1 FL n Zlpl34119 -7980 NORTH BROOKE SUITES A CONDOMINIUM UNIT 8 Ac:ntS o 521300 4 NORTHBROOKE SUITES A CONDOMINIUM CONDOMINIUM 2004 Final Tax Roll Latest Sales History Land Value $ 0.00 (+) Improved Value S 293,570.00 (.) Market Value S 293,570.00 (·)SOH ExemDt Value $0.00 reI Ass....d Value $ 293,570.00 (-) Home.t.ad and other Ex.mDt Valu. $0.00 (=) Taxable Value S 293,570.00 Book - Page 3334 - 338 Amount S 381,900.00 SOH = ·Save Our Homes" exempt value due to cap on assessment increases. -- The Infonnatlon Is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp ?F olioID=00OO063 948000 125 12/29/2004 I I Details Agenda ~HFtJo~{ k April 12, 2005 Page 24 of 38 Folio No. 63944000721 Owner Name WILL, ROBERT D Add....... 700 LAMBIANCE CIR APT 102 CItv NAPLES II statell FL I liar 34108 - 8128 Legalll NORTH BROOKE PLAZA TRACT NAND EL Y 83FT TRACT 0 Section 111 Ac.... 1.12 6 Sub No. U.. Code 521250 11 NORTHBROOKE PLAZA IMPROVED COMMERCIAL 2004 Final Tax Roll Latest Sales History $ 686,800.00 $ 742,172.00 S 1,329,872.00 $0.00 S 1,329,672.00 $0.00 . Taxable Value S 1,328,872.00 SOH" ·Save Our Homes" exempt value due to cap on assessment Increases. Date 01/11199 03/1999 Book·P 2181 . 752 2125 - 2370 Amount $ 413 700.00 $ 1138,000.00 - The Infonnetlon II Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID::::0000063 944000721 12/2912004 Details AgendaJ?_M&~tc April 12, 2005 Page 25 of 38 BOB EVANS FARMS INC 3776 S HIGH ST COLUMBUS Legalll NORTHBROOKE PLAZA TRACT 0, .. LESS EL Y 63FT Folio No.1 63944000747 State OH ZI 43207 - 4012 Section 19 Township 48 Ac.... 0.25 Sub No. oofJ Us. Code 521250 10 NORTHBROOKEPLAZA VACANT COMMERCIAL 2004 Final Tax Roll Latest Sales History Value $133,200.00 $0.00 $ 133,200.00 $0.00 S 133,200.00 $0.00 Date I 06/2000 I Book· Page 2708 . 1722 I Amount I $ 730,000.00 -- The Informallon Is Updated Weekly. http://www.collierappraiser.com/RecordDetail. asp?F olioID=::0000063 944000747 12/2912004 Details Agenda ~r-tcP.~ tc April 12, 2005 Page 26 of 38 Folio No.1183M4000783 Own.r Name BOB EVANS FARMS INC Add....... 3778 S HIGH ST C COL.UMBUS State OH ZI 43207 - 4012 Legalll NORTHBROOKE PLAZA TRACT P Section Township Range II Acree I Map No. Strap No. 19 48 26 0.89 3B19 521250 P 13818 Sub No. 621250 NORTH BROOKE PLAZA -ofJ Use Code 21 IMPROVED COMMERCIAL 2004 Final Tax Roll Latest Sa I.. History $ 380,677.00 $ 435.858.00 $ 798,533.00 $0.00 $ 796,533.00 $0.00 . Taxable Value $ 798,633.00 SOH" ·Save Our Homes" exempt value due to cap on asse66ment Il1CI88les. Date 08 t 2000 Book· Page 2708 . 1722 Amount I S 730,000.00 - The Information il Updated Weekly. http://www.collierappraiser.comlRecordDetail.asp?F olioID=O000063 944000763 12/29/2004 Details Agenda f~~cP~ 1c April 12, 2005 Page 27 of 38 Folio No.lls3944000815 MaD II - Current Ownership Property Add.....11 NO SITE ADDRESS Owner Name BOB EVANS FARMS INC Add,...s.. 3776 S HIGH ST City COLUMBUS II StateR OH II Zlpl43207.4012 Log1 NO""'8OOOKO PLAZA - T PORTI"" OF TRACT Q AS DESC IN OR 2708 PG 1722 Section 19 Township 48 Ac"" 0.81 Sub No. '" Use Code 521250 10 NORTHBROOKE PLAZA VACANT COMMERCIAL 2004 Final Tax Roll Latest Sales History Land Value S 318,884.00 (+1 Improved Value $ 0.00 ,-) Market Value S 318,864.00 C·) SOH ExemDt Value $0.00 (-I Assessed Value $318,864.00 (.) Homestead and other Exempt Value $0.00 (-) Taxable Value $ 318,884.00 081 2000 I Book· Page 2ZØt.:..1l.22 /I Amount I S 730,000.00 Date SOH" "Save Our Homes" exempt value due to cap on assessment lna'eases. ~ The Information Is Updated Weekly. http://www.collierappraiser.comIRecordDetail. asp?F olioID=0000063 944000815 12/2912004 Details Agenda ft~Jo?~ +C April 12, 2005 Page 28 of 38 Folio No.11 63944000789 MaD II - Current Ownership Property Address" 21580 NORTHBROOKE PLA DR OWner Name BOU.SLlMAN TRS, GEORGE K Add....... BOU-SLIMAN LAND TRUST .1 UTD 12/1198 5078 POST OAK LN City NAPLES I StateD FL D ZlDI 34105 -4528 Section 19 NORTHBROOKE PLAZA TRACT Q, LESS THAT PORTION DESC IN OR 2708 PG 1722 Acres 0.78 Sub No. ~ Use Code 521250 10 2004 Final Tax Roll Latest Sales History 03~~~02 I Book . Page 2ttt:...3.1ß ~ Amount I $ 838,100.00 Land Value $ 305,7~B.OO (+) Improved Value .S 0.00 (=) Market Value $ 305,'ig T-f SOH ExemDt Value $0.00 (-) A.HSHd Value $ 305,788.00 (.) Hom..tNd and other Exempt Value $ 0.00 (-) Taxable Value $ 305,788.00 SOH . "Save Our Homes" exempt value due to cap on aBBessment Increases. ~ The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=0000063 944000789 12129/2004 Details Agenda ffl~N-o~Hc April 12, 2005 Page 29 of 38 Folio No. 63944000844 OwnerN....e BOU-SLIMAN TRS, GEORGE K Add,...... BOU-SLIMAN LAND TRUST 1111 UTD 1211/98 5079 POST OAK LN CItv NAPLES I State. FL I ZlDI34105 -4528 Legalll NORTHBROOKE PLAZA TRACT R SecUon 1/ Township 1/ Range II 19 48 26 Sub No. r 521250 NORTHBROOKEPLAZA '1J Use Code 10 VACANT COMMERCIAL Acres 1.3 I Map No. 3B19 I Strap No. 521250 R 13B19 98 2004 Final Tax Roll Latest Sales History l8nd Value S 609,652.00 I (+) Imørovecl Value S 0.00 -'-I Market Value S 509,652.00 I (.\ SOH EXeJnDt Value $ 0.00 (-) As....ed Value S 509,652.00 I (.\ Homestead and other Exempt Value $ 0.00 ,--\ Taxable Value S 509,652.00 03 r::~2 ~ Book· Page 2991 ·3103 II Amount I S 831,100.00 SOH· ·SIV8 Our Homes· exempt value due to cap on assessment Increases. ~ The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=0000063 944000844 12/29/2004 Details NORTHBROOK PLAZA VENTURES LC 31138 TAMIAMI TRL N STE B NAPLES State FL ~~~~~~~ROOKEP~ Section Township Range I Aern 19 48 28 O.H Sub No. 1121250 NORTHBROOKE p~ "'" U.e Code 11 IMPROVED COMMERCIAL 2004 Final Tax Roll $268,148.00 $ 348,~?8.00 $601,3i~4.00 ~ 0,00 S 807,3.<;4.00 $ 0.00 . Taub" Value $ 607,384.00 SOH."Seve Our Homes" exempt value due to cap on assessmenl Increases. ~.'.' ~,;,- The Information Is Updated Weekly. Map No. 3B18 Agenda.Ir_~&~tc April 12, 2005 Page 30 of 38 ZI 34103 - 3501 I B....p No. R 621250813B111 Latest Sales History Book· Page 2882 . 1338 http://www.collierappraiser.com/RecordDetai ! . asp?F olioID=0000063944000909 -'-"~'~---"'''''''''~~ Amount I $ 244,000.00 12/29/2004 -,,- Details Agenda ~e~N'O~Hc April 12, 2005 Page 31 of 38 Folio No. 63944000825 awnerNllme AMERICAN NATL RED CROSS, THE Add,...... UNITED STATE CORP 2810 NORTHBROOKE DR ciV NAPLES I :":3teH FL D ZlIII34118 -7U1 l.egall NORTHBROOKE PLAZA TRACT T Secllon 19 Township 48 :1 ~~g~-=i Acres 1.18 I MIIp No. 3B19 I anp No. n 52121OT13B19 521250 79 NORTHBROOf !...AZA INSTITUTION .1 2004 Final Tax Roll Latest Sales History OI~~~ I Book· Page 2H2._~..2211 I Amount I S 248,200.00 S 1,06 Value $ 1,06( -~ The Inl( ':ion i. Updated Weekly. http://www.collierappraiser.comIRecordDet '-; p?F olioID=0000063944000925 12/29/2004 I';·'·c:'.·' s_~'·y:,:,,;_,: .......:.'.¡'.'..'.:'.:.'....'.:.....'.< ;¡:/'; t~:·:,,·., "}\.:'-" ",..(.)1,(:)1:0 r~w··::-,oC"? \~:: 0_ , NO :1' L~~ d E'E~ : .:2 a. ro ,". """<Cc.. .: ro "'0 1 ~ t <C t . ,,' ·1' :.......... r {~¿ t, F, 1<:' J<:~:: : ~¡~¥?'::, ~¡".,... . .:I'?t~~·.~, ,.\~v·'.·jOL , '~ . " 'i,:+ ~ ?~. '.~ '.:~ I I I ~I I I Q .. .a I I . ~ . ¡; ~. ¡ !: I · .1. .L9 ~~~ ~~~ /i:i : I 'I N I I I I , J~ ..1~ ~ .~ :ct ~i~"1 . ! J &rl ij;r; I. :;~8~ /~I l~/~ ~ ~</7A.. :" ~!: ~ ... g?'. ~ if /', / .~ -~/. . :±~-- -- ---- -- -- ,--..------..-.-- ---~._-~""----, . STATE or f"LORIDA, ~ '. DEDICÀ'Ì'Ìð"N&-'i: COUN!y' OF 'COLLIER r .{: KNOW All MEN BY f1l ES~ PRESENTS, THAT RSH OF NAPl;'~,tlNC. AND GEORGE K, BOU StlMAN{A$ TRUSTEE) MICHAEL G. 8OU-SLIMAN AND HALEY LBOU-SLIMAN Of, ' ':CEORGE K. BOU-SUMAN .TRUST; , . THE OWNERSeF THE LAN'DS DESCRIBED HEREON HÄVE . D 1'HISPLAT ENTrTLtD NoRTHBRIJOI<E PLAZA TO BE MADE AND DOES HEREBY DEDICATE THE F:DLL~ ,.'"....".... 1.) TO COLUER C.oONi'Y, AND THE N'oRTH NAPLES rIREO!$JRICT TRACT U FOR THE. S()LE PURPOSE Of" PERMITTING EMERGENCY AND SERVICE VEHiClES TO G;Air.iACCESS FOR INGRESS. EGRESS TO THE PLATTED AREA WITH NO RESPONSIBiliTY Of" MAINTENANCE. ,,;'> . 2.) TO FLORidA POWER AND LIGHT 'COMPANY. AND U' ,E SERV1CES. THEIR SUCCESSORS, ASSIGNS AND SUBSIDIARIES, A NON-EXCLUS,¡ ENT (Ù.E.) AS, INOfÇATED ON THE PLAT FOR THE PURPOSE OF CONSTRUéTlO "C', :\4..A!N.. N.. TENANCE. 'AND OPERATION Of" ElECtRIC AND TELEPHONE FACILITIES AND,!?URPOS£ Of tNSTALt.:AT10N ANO MAINTENANCE OF' THEIR. RESPECTIve: F ACn:, . "',,- "..,. z..u.'I......... w.... U... ....~" '.)"TO ..Ny'AU1HORIZEO COUNTY ..RANCHISEO' "dfJ";: ',m.~~w..."'-"'~c..Wf\,".JIWor"IIo:I.'~ W '" r ,.. ~¡PRO'JiOE:R;IT$SUCCESSORS, ASS ~S ' , ,. AND SUBSIDIARIES, A NON-EXCLUSIVE U¡. . SEMENT, (U,E.) AS INDICATED ON THE PLAT F'OR THE PURPOSE OF' CONSTRUCTION, 1 ' fON, MAINTENANCE AND OPERATION Of' CABLE TEL'EV1S1ON SERVICES, PROVIDED NO SU : ,CO I,JC?1ON, INSTAlLATION, MAINTENANCE AND . . , OPERATION OF.' CABLE'TELEV1S10N SERVlC . jNTERFERE WITH FACILITIES ANO SERVICES : Ff,I,.~IQ~~QWE;R AND LIGHT COMPANY; ¡!'ED TELEPHONE SE'RVlC£S ANO SHALL B£ . . . ,SECT. ~TO,~,D· NqT 'INCONSlSiENT WlTH,COtJ.IER COUNTY OR THE COLLIER COUNTY., ~T.,-:-;$~w.¡;R.;I)ISTRICT. AS A COUNTY lJ, ~EMENT (C,U,E.) IN THE EVENT ~E FRANCHISE£, , "Pt<$$Õ~$,,'-"SSIç;r.¡S AND. ,SU8SI0tA~I~ ,. t'niE, f"AC1UTlES ,OF' ANOTHER PUBI:IC UTILITY, ' i.~j.ffl.fi'Ólii'?tàE>COLLIER COUNTVi'¡ 'WER 0ISTRICT. ,THE FRANCHISEE:, ITS. " 'P'.., , ,,' ~~~$¡!;~~~,;~~$,I~N,$,SH~LL BESO~E;~I;'t ,',' $lBLE FOR SAID DA~AGES, , I. ~ 4')N ..~~~!¡f(tHW" t',' ';!td:tbâJJ...~RdÄt::~.....:. ·tg~:1NC. WITH MAINTENANCE RESPONSIBILITY. ItJ.L~., ~.~ . '1£ . iNiS {O.E;) o. \. ¡'Vnc,: ".".', , .., :.- . ~ . '.. ;", .' -.- ,,_.~ ~~} tQ...Jijt,J:U;llttk:lfjiQQl:!~..r.a.w,.n ~M£~U:UJ"~iJWC: ,~. '~1,f;1' ..f.ll ToIQN. JJ.o Q J~~~e!! ,OF"- DISTRIBUTION SYSTEM. THE SEW G£ COLLECTION S, M. ANO THE ROADWAY SYSTEM. ¡~, ' 6:) TO ìHE NORTHBROOI<E PLAZA COMMERCIAL ASSOCIÀ110N, WITH MAINTENANCE RESPoNSIBILlTV. ALL LANDSC~E BUF'F'ERS. ..¡-"",,/,iI,f {:/¡ , ' , " , 7.) R.S.H. 'OF' NAP. LE..... S, ,IN. ..C. ,~E5- i ';"'~' j&~Ô...:')...' DtD.ISmi. . $', ih. N~THBR.OOKE PL. AZA C'OMMERClAL' ASSpclA liON, INC., TRACT U.. ASA ,NON ·ETUÁL"'~~if~.?'9'ER AND ACROSS TRACT U. :. . .... S.) TO COLUER~~.r~";,:. ,f~f~,.¡~(~.E~~·T~f.Nc) R~~P~NSlB lITY FOR M~INTEN+CE. . ',-g~ l~C~~;, '~Y~fm:". "i.:'~.' pl~:'èT ALL1/ C9~~f:r ,U~;~!J, ~A;'ÍM,ENTS(C.U.E.) v,,~ Nt RESPONSIBIUTY ,10.) A C~ ~ENT IS HEREBY, DEDICATEO ;TO COLLIE.R COUNTY AND TO NORTHBROOK~ ' ' PLAZA. .,AS$OCIA TlON 'OVER A PORTION Of=' TRACTS . A· AND "T" AS COMMON ~~~ THEY" e· PESPEJ/JAL·RESPONSlBILITY OF' THE NORTHBROOKE PLAZA, COt.tMERCtA,!;'J::,¡ .; ASSÇ). ,~AY;~'f,(~·~O· WAY BE ALTERED f'ROM THEIR NÀTURAL AND PERMITTED STAT,d WI"I'AOU.:t,li THE', ALL APPLICABLE PERMITnNG AGENCIES. ACTIVITIES PROHIBITEO' WITHIN ~". , ",\, CONSe 4,INCI.UDE BUT ARE NOT LlMITtD TO CONSTRUCTION OR PLACING OF eUj~oINGS, ON' \ OR A$~ . . ·'IIiÔ;· DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TR;: REMOVAL OR DES . !Réf;S, 'SHR'uBS. OR OTHER 'ÆCETAnON"'WlTH THE EI<CEP!J1ON (JÇ E.XOTlC . lSANC£ ," \IE ",' 9.91:l,: "EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL: OIKIHGr~.. ' NONG: ANY', OTh1~R'~A ,DETRIMENTAL TO DRAINAGE; FLOOD CON TRot., WATER CONSERVATION, ,t.nY$1OfIi CONTRvL. 'OR F'1sttj¡ß.ND ". IFE HABIT... T' CONSERVA TION 'OR PRESERVA1ION. COLLIER COUNTY SHALL ~ð~ AN ' , tNG~E:~IEð.~, ,.1'$ EASEMENT OVER Sþ"LDCQNS~R'{A"()N'EASEMENT f"OO INSPECTION AND ENtORCEMENT PURPOSES AND ,NO RESPONSIBILITY FOR MAINTENANCE. " , ", , .. . ,'" 'ç.,,:, 11.) TO COLLIER COUNTY WATER-SEv.£R' DISTRICT ALL WATER AND SEWER UTI~ITY F.ACILJTlES C~STRUCTtD WITHIN THIS PLATTED AREA, UPON ACCEPTANCE OF THE IMPROVEMENTS' REQUIRE:D BY THE APPLICABLE LAND bEVELOPMENT R£GUlA TlOOS, . , , 12.) TO BIG CYPRESS BASIN, ALL MAINTENANCE 'EASEMÊNTS (M.E.)· WITH -H&- RESPONS BIUT'i FOR MAINTENANCE. '1\S.., ~.H.o",". 5~1I"_~9jW:.3: .ro..'$, _L~!W..!~A~~"I:'B~~~'<:~~.f~~rñTWI~'. " '. .~,. '~~. Agenda Item No. 17C April 12, 2005 Page 33 of 38· COpy OF PLAT "NORTHBROOKE PLAZA" P.B. 31, P. 65 , C)UHO ..-.t'- 0 M _0_ NO LN'<:t ......M E= Q) Q)'-O> ..... Co CO -;;<Cr:L "0 t: Q) !if ...;--.-~. ~ f-4~ <_-.0 ....:IIIiI\O ~~ . ~ ~ :0°...; ..QI""I ~I~ ~ " ,/ 'h , ; A ~ :t: if , t I· 1, , . 'r. " ,¡ '. j. '" ~ ' , t:' .' -! .. : ¡ I ',', > ..,' ... . '" ...,..... .......;..;:............ ,........___......... . '. I __...'JiIt>-~ -_......-~....",..,.. . .', 1'\, -..,...1 '1\ " ""7'\ ·Ã- . - I ,,-Jt1II1IIi 4.i '.. ,C::¡ .. :: S " ~ . ~ "þ!~ , ,~. ".. .;,', p'> , " ..' BUTlE R.......... e ng i n e eri n g, i nc . Agen,dattem No,17C April 12. 2005 Page 35 of38 [~Okl() J August 26, 2004 Mr. John Hou1dsworth Collier County Engineering Services 2800 North Horseshoe Drive Naples, FL 34104 Re: NORTHBR.OOKP~ TRACT 1 Seetion 19t Townsblp 4't RaIIge26 ~ <. ... ··.·DevMr. Houldswørth: .' ~~~~~" ',~~",i~,:,..",,¿;:_..... ._~ -~;v< '-;., '._ _~_._;. ."-'.~",'> _-' __. ~ n':'" ..,. -."~ -, _ .<.,~>..:.:::.< ...':-._.-......_......"'......,~.,....,~..::,...~~. "",,,:.~~ Attached please find a plan showinganeascment that we are proposmg tò vacate. " -, This infoÌmation should aUowyoar office to generate-the required "Letter oCNo Objectionn for tJie~ easement vacation. W~ are the most upstream owner adjacent to this easemenû·No other0Wl:l8ll b.enefitftòmthe portionoftñe easemenUocated on our lot. ......, , ........ . ' ::. ,t J " , " , '. ". Please review the attached materials and sign at the ' bottom of this letter üthis meets yOUr satiSfactiót1.lfyou have' any questions, OJ need any further information, please do not hesitate to call. Sincerely, BUTLER ENGINEERING, INC. ~~ ~-; Debbie Lloyd I i If;ål.._;;,">i.,"......~ :~J¡¡.J~ '. '...: ~,.:..,.-.J·.'I"""""'~~' . ;:<'- ....'r ..:"",~,"..,;i...~ ~.IÇ.. -""":"~:'";~i..''' 1 have no objection fod1Qsubject :'aca 'on asdeSCribc1åbóye. \o¡J~~ .>, Collier County:&gineeríng Sèrviœ8~ ,~t' 34S;.OL30 :....... :~. ".:. ,'. "'~~,..... "::';;:>. ~.~~t.t:':.~~~~~fÞJ.;fK_~ ,'.~:J~.:~;. I"".' ''''''''';'''~~~1'' . .~,·t~~·, . .~ . ..~,_ _,: 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566·3636 FAX (941) 566 -1321 Emall PBUTLER202@AOI.COM Agenda Item No. 17C April 12, 2005 Page 36 of 38 u____~ -OObUER-GOUN'I'Y--OO¥ERNMEN'l'--------- ---- - -~ COMMUNITY DEVEWPMENT AND ENVIRONMENTAL SERVICES DMSION ......'."..'-.._..,~.,_.- October 15,2004 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Li-OJJOl Ms. Debbie Lloyd Butler Engineering, Inc. 2223 Trade Center Way Naples, FL 34109 RE: Letter of No Objection for Northbrooke Plaza, Tract I Section 19, Township 48 South, Range 26 East Collier County, Florida Dear Ms. Lloyd: I have been asked to review the information submitted for a request to vacate the existing 20' drainage easement along the northern property line of the above referenced project. The plans submitted for my review propose to direct the discharge from this site to a proposed catch basin at the northeast comer of the property. The outfall from this catch basin is the existing constructed swale within the same 20' drainage easement that is contained on the north side of all the properties long the north side of Northbrooke Plaza Drive. On 10-15-04, I discussed the proposal with Mr. Gary Butler and it was agreed that the project site drainage would be redesigned to drain all the property toward the south side into a proposed water management/preserve area adjacent to Northbrooke Drive. The outfall would connect to an existing catch basin within the Northbrooke Drive right-of-way. Rear roof drainage and rear lot drainage would be collected and piped to the water management/preserve area. No other properties need to utilize the existing drainage easement for an outfall. Based upon the above understanding, Collier County has no objection to the requested vacation of the 20' wide drainage easement along the northern property line of the above referenced property. This Letter of No Objection represents the position of the Collier County Road Maintenance Department and the Co11ier County Engineering Services Department for stormwater issues. You are advised that prior to starting any construction work within a County road right-of-way, a Right-of-Way Use Permit will be required. If you have any questions please do not hesitate to contact my office. Sincerely, ~~7:. Principal Proj ect Manager cc: Tom Kuck, F.E., Director, Engineering Services Department Ricardo Valera, P.E., Director, Road Maintenance Department LONO File Northbrooke Plaza Tract I LONO Ol.doc PHONE (941) 659-5744 FAJ{(941) 643·6968 www.co.co1lier.fl.us ..._.,,--,-_._.~. 62/11/2665 14:38 9415661327 BUTLER ENGIi'EERING Agenda I~~o. ~:rC April 12, 2005 Page 37 of 38 .-- ".-.- '..------- BUTLER ........... engineering, inc. ._., c-¡ 'J Î "J I ? j [L oAl.O ) Deœmber 30, Z004 Northbroob P¡aza Å510;!ati0ll cIc CoIODW SqyI'C Ilealty po. Bolt 10608 ~lIplef, FL 34101 b: NORTHBJtOOK PLAZ.A, TRACT I Section 19, To_hip 48, bn._ 26 To Whom It May Coacem: A-:rachod pleue find a plLD Ibowing 8!1 euemenl thlr we 11'8 JmlP0lilll'O Vlö:ltc. 11ú.s 1œorm&tiOI1 JJ:o\:lclaUow )'0111' office to pœratc th: required "Letter ofND Objc=ion" for tile mlliA.p --=mart vac:adœ. We are die In06t upsm.m OWJ'let' ~Icent 10 IbiJ euement. :1'0 Olher ownera Din. lit 1Î'om 1bc portion of tbe ea1Ocnot1t )(Ieatee! 011 0111' lot. PI:ase rev 1)W die IrtaCbed materia), ~ .ien It !he bottom 0( this Jetter ü this meelS )'OW' ILtilfaction. If ,011 bo\l' my questiolU, or IIIIeC. my further mformation, pie.. do act be.lute 10 ca11. Sj:1C:etcly, 9tïLER ENGßI1EEJUNV.INC. '-J1LtiÄL ~tL Debbie L~ I have no objmion to tlilll&b;e:t ~ Title: NQrtbbroou :Plaza ^1it'cia.Uon J4JotJ 13(7 2223"1W:E CI~ WA.Y NAP~¡¡S, FLO~IDA 341011 TILE""'ON! (M1) tee· 311311 FAX (941) 555 - , 32':' ~.il ,.8\T1'1....:r02þQl..COM ~'d o¿g ~ "¿S9"6E:Z SL"I "ld.N UUI uo¡dW1lH dtt:~~ iO ~ ~ ~= ¡ _..~~_.._._ _.._.__.___'_M_'.______·M ,.. Måp·.Output Agenda Item No. 170 April 12, 2005 Page 1 of 33 EXECUTIVE SUMMARY V A-2004-AR-6720, John J. Connelly requesting an after-the-fact variance of 5-feet 4-inches from the Vineyards PUD zoning district requirement for a 25-foot front yard setback for front entry garages to 19-feet 8-inches for property located at 6648 Glen Arbor Way hereinafter described as the Vineyards Arbor Glen Subdivision, Lot 28, in Section 08, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals consider an application regarding the above referenced Variance petition and render a decision regarding the petition pursuant to LDC Section 9.04.00 in order to ensure that the community's interests are maintained. CONSIDERATIONS: The original owner of the property constructed the existing two-car (single door) attached garage as a side entry garage (Building Permit Number 97080753). The current owner and petitioner reconstructed the existing garage by closing the side entry and providing for two single-car :&ont entrances, and adding a new driveway to the front of the garage. This work was conducted without a building permit. The property owner was cited for a Code violation on April 14,2004 (Case Number 2004040834). The applicant paid an after-the-fact fee ($4,000.00) for this petition and will be required to pay after-the-fact fees for the building permit for the completed renovation (estimated cost of construction $8,000.00, building permit fee $113.00 x 4 = $452.00). Section 3.04.A of the Vineyards PUD ordinance requires a 20-foot &ont yard setback for side entry garages and a 25-foot setback for front entry garages. Because the garage was converted from a side entry to a front entry structure, the applicant now seeks an after-the fact variance to allow the continued use of the existing attached garage on the west side of the property to be used as a front entry garage. The applicant provided a petition of support from 25 property owners in the Vineyards Arbor Glen Subdivision. The County has received several calls from a property owner in the Vineyards Arbor Glen Subdivision in opposition to this request. The petitioner has agreed to address the concern of the neighbor and remove the existing driveway and install landscaping in its place per the conditions provided by the staff and Collier County Planning Commission (CCPC.) The CCPC believed that denying this variance request would create a practical hardship on the applicant, and that the request would not be injurious to the neighborhood or detrimental to the public welfare. /....-. EXECUTIVE SUMMARY Page 1 of 3 Agenda Item No. 170 April 12, 2005 Page 2 of 33 FISCAL IMPACT: Approval ofthis Variance petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban, Mixed Use District, and Urban Residential Subdistrict designation ofthe Future Land Use Map of the Growth Management Plan (GMP). This land use category is described in the GMP as follows: "The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated." The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks a variance to allow a 5' 4" front yard setback for a front entry garage, which is an authorized use in this land use designation, therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the March 3, 2005, CCPC meeting. The Commission unanimously voted 8 to 0 to forward petition V A-2004-AR-6720 to the Board of Zoning Appeals (BZA) with a recommendation of APPROVAL, subject to the following conditions: 1. The variance is limited to an after-the-fact 19-feet 8-inch front yard setback for the existing two-car attached garage, as depicted in the applicant's site plan stamped "Received October 29, 2004," except as further restricted below. (This site plan is included as Exhibit A.) 2. Within four months after the Board of Zoning Appeals approval of V A-2004-AR-6720, the petitioner shall have applied for and received a building permit from the County for the completed renovations to the existing attached garage. .,...- 3. Within eight months after the Board of Zoning Appeals approval of V A-2004-AR-6720, the petitioner shall have removed the existing driveway that served the side-entry garage, and that area shall be re-vegetated. EXECUTIVE SUMMARY Page 2 of3 Agenda Item No. 170 April 12, 2005 Page 3 of 33 LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 9.04.03 of the Land Development Code (LDC). These evaluations are completed and have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: · Are there special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure, or building involved? · Are there special conditions and circumstances, which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request? · A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. · The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. · Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. · Granting the variance will be in harmony with the intent and purpose of the LDC and not be injurious to the neighborhood or otherwise detrimental to the public welfare. · There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. · Granting the variance will be consistent with the GMP. RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve Petition V A-20040-AR-6720, subject to the CCPC's conditions stated at their March 3, 2005 regular meeting. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department Of Zoning and Land Development Review -, EXECUTIVE SUMMARY Page 3 of 3 Item Number Item Summary Meeting Date Agenda It~111 No, 170 April 12. 2005 Patle 4 of 33 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17D This item requires th¡~1 aU pnrtiï..:ipant!> be. $WOIT! in <H1d ex parte disclosure be provided by Commí5sion members VA~2004~AR·6720. John J. Connelly rt'questing .an afl:er-the·fad variance IJf S· eet 4~inches from the Vinevards PUD zoning dislnct requjrumenllor a 25·fool front yard .~p,lbli(:k for front entry gamges 10 19·feel 8·jl1(:hp'5 for property localed at 6648 Gtt':T1 Arbor Way hereinaner de%ríbed as the Vineyards Arbor G!en Subdivision, Lot 28, in See-tion 08 Township 49 South, Range 26 East, CoilÎ2r :',ollnty, F!otida. 4/12í2Q05 9:00',00 AM Prepared By Principal Planner 3i9t'¿005 9;36:57 AM Michael J. D~RlJntz Cl)rnmul1ity D~vt:tCJp'"tmt & EnvirDnnlental Serviccs Ds.toe l.Ql'ling & l.aru"J O{!velopm~nt ReViflw Date Approved By Sandra Leôl Community D~e¡opmet\t & E"\lironm~ntal 5el'Vi<:es EXtI'cutivC' S~cretary Community Development & F.n\lirDnmp.n1al Snrvic:es Admin. J{912!105 1D:19 AM 7.C1rtinf1 & L.1r,d O~\,({!ft)pmp.fl1 Direr-tor Dalfl Approved By SUtian MurrilY, AICP CUlTlrnullity Oe\leloptrcent & Ellvir(lnnlenful SeNlcu$ Zoning I:i. land Development Heview 3/912005 11: 26 AM Chir.i PI;~nnnr D':11e Approved By Ray B[!ltowti Community Development & Ellvlronrn!!ntal ServlG'~S 20nmg .. land Development Review 31912005 1 :SS PM franiipolt;atiol1 Div¡$¡ol~ Admlttløtra10r D3t~ Approved By Norm E. Feder, A¡C~\ Transportio1' S".rviCÐ5 Transport.ation Ser-,fjccs Admin 3/1Qi7.00b 2:42 PM Tr'lnlirmrt¡¡tion Planning Director Date Approved By Donald L Scott TriUliiportion Sflrvk:er. Ttiln¡;'PQrtatkm Planning 3/11/20D5 9:29 AM O.1tP- Approved By C(')rn¡;tallc" A. Jr:>hnGot! Commttllity Development & €IJVitonmenh! Service!! Op~rQtiDM Allaly.s Community Oevelopmel,t & Env rulHl'1elltilll Selvices Admin. 3114,'20053:43 PM Dale Approved By J()$~ph K. 5Ghmltt Community Development & Erwirønmcnl<lt Services Co",munlty Oevel¡)þment & EtJvirnnrnr.-ttta! 5ur'Jiç-es AQ'rninstralor Communi1Y Developnlent 8. F.:nvironm~ntal ServicfHi Admio 3121f2tl05 6:07 PM M.arJotjr" M. Studen~ Au!stant CQunty Al1otnlt'r' Dat(!! Approved By County Attor,,~y CoU!,ty Attorney OtfÌGe 411i2005 -6:HJ AM Approved By OMS Coordinator COllnly Managr:r's Offil~r. Adminì:dr¡tive Al.sistill1t D;lte Offi(~I~ at Management & Budget 411/20059:04 AM Mark lucks!)" BudfjP.1 Analyst Date Approved By County M;l.II¡¡ger's Of1kl! Offk:1! of Mal1agemen.t & Budget "¡¿¡,20DS 11:25 AM Approved By Michael Sn'ykowtiki (;;ounty Manager's Offio:.e Mallaq<ernent & Budget mu~c:tul Outl!: Offtl:e Df Man.1gement & BlId<,tfl 41412005 l: 29 PM County Manager Da1e Approved By James V, Mudd Baard of County CömmhiS;ionr.rs COUI\¡Y Mllnagar'f; Office 4/fil200S 4:09 PM Agenda Item No. 170 Apri/12,2005 Page 5 of 33 eo1mr County -. '-~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MARCH 3, 2005 SUBJECT: PETITION V A-2004-AR-6720, CONNELLY VARIANCE PROPERTY OWNER/AGENT: OWNER! AGENT: John J. Connelly 6648 Glen Arbor Way Naples, FL 34119 REQUESTED ACTION: The applicant is requesting an after-the-fact variance in the Vineyards PUD zoning district from the minimum required 25-foot front yard setback for front entry garages, (west boundary), to allow a 19 foot 8 inch front yard setback for an existing fTont-entry attached garage. The amount of variance requested is 5 feet 4 inches. GEOGRAPIDC LOCATION: The subject parcel is located at 6648 Glen Arbor Way, fw:ther described as the Vineyards Arbor Glen Subdivision, Lot 28, in Section 08, Township 49 South, Range 26 East, Collier County, Florida. (See illustration on fo]]owing page) PURPOSE/DESCRIPTION OF PROJECT: The original owner of the property constructed the existing two-car (single door) attached garage as a side entry garage (Building Pennit Number 97080753). The current owner and petitioner reconstructed the existing garage by closing the side entry and providing fOT two single-car front entrances, and adding a new driveway to the fTont of the garage. This work was conducted without a building permit. The property owner was cited for a Code violation on April 14, 2004 (Case Number 2004040834). The applicant paid an after- the-fact fee ($4,000.00) for this petition, and will be required to pay after-the fact fees for the building pennit for the completed renovation (estimated cost of construction $8,000.00, building pennit fee $113.00 x 4 = VA-200-4-AR-6720 CCPC Meeting 313105 Page 1 of 7 Agenda Item No. 17D April 12, 2005 Page 6 of 33 $452.00). Section 3.04.A of the Vineyards PUD ordinance requires a 20-foot fÌ'ont yard setback for side entry garages, and a 25-foot setback for front entry garages. Because the garage was converted from a side entry to a front entry structure, the applicant now seeks an after-the fact variance to allow the continued use of the existing attached garage on the west side of the property to be used as a front entry garage. Access to this property is provided from Glen Arbor Way via Arbor Way. Both of these roadways are within the Vineyards PUD, and they are County-maintained roadways. County records indicate that two variances have been previously approved in the Vineyards PUD: V -99-19 for a 5-foot variance to the 5-foot rear yard setback in Fountainhead Subdivision, Lot 14, and V-2000-05 for a 10- foot variance to the IO-foot rear yard (accessory structure) setback at 434 Terracina Court. The petitioner states that there was not sufficient distance between the residence and the garage (21' 4") to make the required turning movement to utilize the garage from a side entry. He attributes this condition to the added width that the original owner placed on the front of the residential structure. The petitioner has provided documentation of the Home Owners Association policy for restricting vehicular parking on the streets and on the driveways (see attached document). The petitioner has provided a petition of support from the adjoining neighbors (see attached petition). Staff has received a complaint from the property owner at 6660 Glen Arbor Way, who states that the expanded driveway "does not look good, and is out of place for this subdivision." The complainant suggests that the applicant had agreed to remove the existing driveway after the new driveway and garage entries were completed and replace it with vegetation. SURROUNDING LAND USE & ZONING: SURROUNDING: North: East: South: West: single- family residence, zoned Vineyards PUD lake, then Arbor Boulevard, then vacant lot, zoned Vineyards PUD single-family residence, zoned Vineyards PUD Glen Arbor Way, then single-fàmily residence, zoned Vineyards PUD GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban, Mixed Use District, and Urban Residential Subdistrict designation ofthe Future Land Use Map of the GMP. This land use category is described in the GMP as follows: ''The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated'" The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks a variance to allow a 5' 4" front yard setback for a fÌ'ont entry garage, which is an authorized use in this land use designation, therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. VA-200-4-AR-6720 CCPC Meeting 3/3105 Page 2 cA 7 Agenda Item No. 17D April 12, 2005 Page 7 of 33 EXmBIT 3 - ZONING MAP VA-200-4-AR-6720 CCPC Meeting 3/3105 Page 3 of 7 Agenda Item No. 170 April 12, 2005 Page 8 of 33 EXHIBIT 4 - AERIAL MAP VA-200-4-AR-6720 CCPC Meeting 313105 Page 4 of 7 Agenda Item No. 170 Apri/12,2005 Page 9 of 33 ANALYSIS: Section 9.04.00 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03, which contains the criteria for variances, which are general guidelines to be used to assist the Commission in making a detennination. Staff has analyzed this petition and offers the responses to the items in Section 9.04.03 as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The original owner of the property constructed the existing single-family residential structure. The existing structure was constructed in such a fashion to constrict safe and convenient turning movement and utilization of the existing two-car side-entry garage as depicted in Exhibits 5 and 6. A minimum of 20 feet is required for a turning radius and only 14 feet is provided. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. While the petitioner initiated the modification to the existing garage, the previous owner had the existing single-family residence constructed with the narrow entrance to the side entry garage. c. Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. The petitioner has made the necessary modifications to utilize the existing garage in a safe and convenient manner. If the petition is not granted, the existing garage will have to be reconstructed to provide a side entry garage. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. As illustrated on the attached survey, the existing attached garage rront exterior wall was not extended any closer to the rront property line. The entry way was altered rrom a side access to a rront access, which also changed the rront setback rrom 20 feet to 25 feet. No sidewalks exist on either side of Glen Arbor Way. A distance of 19-feet 8-inches and greater exists between the rront of the garage and the edge of the right-of-way for Glen Arbor Way, which will allow a car to be parked in the driveway without encroaching into the right-of-way. The variance is the minimum variance to allow a reasonable use of this structure (as it is shown on the site plan) to become a confonning structure. Approval of the variance should not have a negative impact upon the standards of health, safety and welfare. VA-200-4-AR-6720 CCPC Meeting 313105 Page 5 of 7 Agenda Item No. 170 April 12, 2005 Page 10 of 33 e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of this variance request would allow the existing attached garage to be utilized as a fÌ'ont-entry structure, and be 5' 4" less than the required 25-foot front building setback for front-entry garages. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The variance would provide easy access to the existing garage and would allow the utilization of the existing garage and thus remove the vehicles from the street, as required, and the driveway, as recommended, by the Home Owners Association. A staff recommendation, in the fonn of a condition of approval, addresses the concerns of the sole objecting neighbor. Approval of the variance should not have a negative effect upon the neighborhood as a whole, and would not be detrimental to the public welfare. The petition of the surrounding property owners supports this proposed request. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. There are no natural or physically induced conditions that ameliorate the goals and objectives of the fÌ'ont building setback regulations. If the applicant were to agree to remove the existing driveway that served the side-entry garage, less hard surface would front this property, and this would soften the appearanc~ of the property. Staff is recommending this as a condition of approval. h. WiD granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this vanance. RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition V A-2004- AR-6720 to the Board of Zoning Appeals, subject to the following conditions: 1. The variance is limited to an after-the-fact 5 foot 4 inch fÌ'ont setback for the existing two-car, attached garage, as depicted in the applicant's site plan stamped "Received October 29,2004," except as further restricted below. This site plan is included as Exhibit A; 2. Within three months of the Board of Zoning Appeals approval of V A-2004-AR-6720, the petitioner VA-200-4-AR-6720 CCPe Meeting 313105 Page 6 of 7 Agenda Item No. 170 April 12, 2005 Page 11 of 33 shall have applied for and received a building permit from the County; and 3. Within six months of the Board of Zoning Appeals approval of V A-2004-AR-6720, the petitioner shall have removed the existing driveway that served the side entry garage, and that area shall be re- vegetated. PREPARED BY: MICHAEL 1. DE RUNTZ, C.F.M., PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the April 12, 2005 Board of County Commissioners Meeting VA-200-4-AR-6720 CCPC Meeting 313/05 Page 7 of 7 f: .-. / Agenda Item No. 17D I / April 12, 2005 I , Page 12 of 33 ., ! / -. V A'RIANCE .PETITION lV.ARlA..-..¡Cé FRO\.1 SETBACK (S) RF,Qt:rRED FOR A l~ARTlCurAR. ZONl..\lG DISTIHCT) - - .- Petition No. ~-- VA-2Uf)4-AR-6nø Dale Pelition Rcceived: ~ PROJECT #'2Ø1t4070028 VA TE: 10129104 PI A· d MICHAF.L DEIU.'NT1,; 3.t1ner s~'gne: ~ Commis~ion Dig:trict: ABOVE TO BF. COMPLETED BY STAfF GENERAL INFORi'\oIATION ~ Petitioner~t ~ame: Jph-.AJ .;¡ o.r- ~ ~ Petilioner's Adcb:ess: b~ 4 ß 6./e AJ AL~ A F L I.~ 11/7 ) Tdcphooe: gS,;¡ - tJ 722- µ 4. E-Mùil Addn:~: Cb 1J Iy ;¡-@ IbJlmA,L£¿,n {Õ t.JP~1 /y / lÆ)A-~ N !!IJIoJ F3Jl#: Agell~s Nalne: Agent's Address: " -..--------- T c1ephone: Fax.# : E-Mail Addrel!s: * Be aware that Collier County hajj lohbyist regul:nt1ou(t. Guide yoursclf accordingly aDd ensure that you are in eomplianc:e with (hes. regu lations. =- COLLIER COl!)iTY CO.)tMUNI"fY DEVELOPMENT llLA.~~G SERV1CESlct1RR'ENT PI...ANNING 2800 N. HORSESHOE DRTVlt R NAPI.ES~ FL 34104 PHONP: (941) 403-Z400/FAX (941) 643-6968 Page 1 - Reviled 4/03 Agenda Item No. 17D April 12, 2005 C()mplc[<.~ the folJowjng for all Associtltion(s) affiliatro wiLh this pcti!ion. (Provjd.: ad8"¡öhât! of 33 sheets ¡fnecessary) Nail o( Uftmt.'Owncr ^ssoc'arion:t4e~£. tf/et!J.._--.fIçJ A ~L~^ddl'C$$ Res.æí /fJ,¿r ç"y NIJ~h· Sjl1le&ZiP~W{?ý' ó?68S ~..esÆ sh~ D~ I N4lme ()fHom~wner Association: :\.1,,¡ ling Address Ciry Srate _ lip Name of Homeo\..ner Assoc}ation: MaiJlng Addre$$ City State_ Zip N.... of Mast.r A.sod.do.: J/ C I] ,/111 ,4$~ ~ C . Mailing Address '1S 0~A¿l> ç .ß/atlJ.. J¡d'ft~sr."\tc&. Zip 3$1&/;1 Name f)f Civic Á$s4K'ialion: --..----.,....----...-----.. _. ....--- Mailing AtJdress City State __ Zip _.__. __ PROPF.RTY DESCRIPTION: Legal Description ofSubjccl Property: SUbdjVision:\ltJ/.f~ ¡:/g¿~ Lot (.) µZ8" Block (s) . Sec1ion 0 i' Twp. If 1 R~nge 2- b Property I.D. # &J6ÆOf.2.L~ 9 Acreage Number: Mett.';S & Bouads Ð-fsC'ripdon: ----- ----------- Address or Subject Property: drdirlo::renl fi'on, rCllunncr', .:Iddre.s:s) Agenda Item No. 17D Currea. ZouiugaRd Land useofSUbjecl Parcel: /JOb... þ(!l!('/nfe,A/ ~M~~ .hp/~re ._/~ <"AI ,/JPLq~q ^dja~ent 7-oaiog & Land Use: ,!,bV..s"Æ / A.J Co/i'J M tJp¡ -At ZONING /$ t!>AJ~ CJ ~ L,t/ j~~s LAND USE r-; P lÁ f) S~Li [) \v Pc:. D k~/~,u-hð..r- ~".11f 'ftI!Þ J1og~.# ¿J Lap _ f." òuS' i?.s ¡:M;UðjG ~ð.#2J. tt.-ju;vS'<!..s AC.~~ flaix!.r L AJ(~ ])P¡; I.u~ I: PUD Front: I\IiDimum V..rd Requiremen1Ji for Subj«1 Property: I /i , . IIr 'A~ ,/ ~ ,~.I ~_., ;' ¡;, ". ,,' ~i'} .'.,.11/ ¿..,. ,.( L·;{j. 0 ¿'.'-" / <...' y' .'.J.. ¡;..... Comer lot: Yes No , -, ~,( J /, :> WaterfroDt Lot: Yesp No 0 Z > I j)R.AldI J9 fe- L 4~e. /,¡J b14cl<. Side: Rear: Agenda Item No. 170 April 12, 2005 Page 15 of 33 N A Il[RE or PETITION Homeowner requesfs a variance to t be Vineyards PUP Ord. No 9' -15, section 3-04. A (.R¢lj~f from fTORt entry garage set back requirement of 2S FI h) 19 ft 8 in,) SUMMARY Homeowner changed his garage &0 m a sìd&-erttry to a ûont corry without a pennìc. The dImensions. of the garage did Dot change and there would be no change in the assessed valuatiQn of the property_ BAÇK{iROIJND PROPERTY: 6648 Arbor Glen Way, Naples. 34119. Property 1000ted in The Vineyards. HOUSE BUILT: 1998 HOMEOWNERS: Jack & Barbara Connel1y since lace 1999. DISCUSSION The boose is located in the Arbor Glen Developmem or1be Vineyards (east ofl.7S, between Vanderbilt Beach Road & Pine Ridge). There are 41 units in 1he development The unÜs have botb side ADd front enu)' garages~ with side enrry beíng dominanl. The house was originalJy built with a side entry. siogJe-door. rwo-car garage. &.eluding our home.. there are 40 hOIJse... in Arbor O[en. There are 29 side loads. non~ of which face a waU as au r home does. There are I J hot load houses. Of me 40 houses., there are 3 coul1yard mode:l~ of which 2 are front 1000s, and ) is a side load. The] side load measures 41 ft 7 ín ftom t.he garage to the shrubs. allow¡ng easy acœs~. Our home measured 2 r ft 4ìn (rom we garage 10 the snmbs. and 2 ft .. in &om tfle bougaínvíUea sbrobs to a \\':811. Access to tbe garage could on'y be achíeved wsth "compact" CflI'S There was not enougb tum-around spaœ 10 get two "normal" Si7..ed car.s into lhe garage (see photos). The current homeowner was unaware ofthás defiçjency ar time o(purchase. The Vtneyards Master Community Association and the residents tocal Homeowner's Association (Arbor Glen Development) activcly discourages parklng any ~hicles overnight on the street or iÐ me driveway. Around February 2004, the homeo\\'l1er decided that the besc çourse ofKlion would be to convert his garage from a side entry 10 a front enuy, thereby enabling IUm to park both of hís vehicles in the garage. The bomeowner crroneowdy assumed that he WQuld not need permit~ if he was. nQr changing the assessed valuation of tbe propeny by changìng the garage: doors. However. the CUrren1 Û'ont toad garage doors are ReM: WÎfhin the required 2S foot set back required by the Vineyards PUO The north garage door is 19 ft 8 in and the SOUlR garage door is 20 ft from the property hn~ The County $taff showed me tbat the property line Slans 8 ft 2 in ìnward &om tbe st.r'eet Agenda Item No. 17D April 12. 2005 Page 16 of 33 The !t(m)OOWQcr commenced the conversion in 2·04 and ended in 5-04. Just prior to complction of ¡he conversion. aD uonamed neighbor advised the COOt: Enforcement Office of subject conversion. Since there were no permits on me, the Offiœ (Carol Sykora) ,nvestigated the complaint on April 19, 2004 and infQrmed the r~o;jdenr tho. he was in violati~n of the code and that would receive (onnaJ Dotification - case ¡¡. 2004Q40834. The homeowner has met with Mike I)eRuntz. (Zoning &. Land Dev. Review) regarding the- procedures to w fOT a Variance Request. Attachments Photos of garage Neighbor suppon pethion Parking notices by Vineyards and Arbor Glen HOA Agenda Item No. 170 April 12, 2005 Page 17 of 33 1. Arc the~Q spec~al cQndlt~òns and circumsLd~C~$ ~~15tin9 which ftre pè~uliar to thot location, s,\.1.é ..nd c:harac:tltrh~liç'.s of thf1 lo\nd, ,!t!:ucture, or b'..¡i lding .i.nvol vèd ' The garage was built by Ihe original owner (Mr. Curtis) as 8 side toad garage. After I purd1ased the house, (rea jzed that' could not get two cars into and out of Ute g8rage. had to park one car in lhe driveway. Apparently. Mr. Curtis had enlargea his exercise room by moving the house's south wan out and encroached on the driveway turn acea. The Arbor Glen and Vineyards VCA Master Association prOhibìt parking any cars in driveYia)'S long term and asked me to deat with the prob1em. 2, A~~ the:e 6p~çiði condi~ions and çirc~L~nçè$ which do not result £cQm the ~ctjon of the applicant such ~s pr.e-exi5t1og ~onditions rel~Live të th~ p~ope~t1 which is the s~bject o( lh~ v~rt~nce ~equest. When I purchased the house in September 1999. it was not apparent that two cars could not be maneuvered into and out of the garage Mr, Curtis had one classic car parked In the garage. The rHt of the speœ was filed with boxest some furniture and athletic equipment. I assumed the garage would handle my two cars. I found out after buying the house that apparently. when building the house. Mr. Curtis shortened Ihe width of the driveway 10 provide more space in his weighl roam. Thus 8 second fuil sized car cou1d not be maneuvered into the garage. This only became apparent sfter the fact. 3. Nil: a l~tè~al intecpretation of the p'OV1~~ons of this ,on1r.g code wc~k ~.lnnece'!so1.cy a.nd undue h.&rdshiµ ç.n t 'E! appl1cant or CI:'~,1tê pr"cticðl difficult.i~!S O~ the app:icant. Yes. I woutd have to park my second car in the driveway which is against the intent of the Arbor Glen HOA and the VineyardS VCA Master Assocfation community guidelines. wtUle my neighbors did not complain about my Ulegally parked car. It did not rook nice: dk:l not enhance the appearance of the neighbOrhood: and it was just ttle wrong thing to keep doing when I could finally change il. 4. Will the variance, if grenteå, ~ t~e ~inlmum v~rldncc that will make pos.lb~e the reasòn.blé us~ o~ the land, b~ildinç or stcu~t~re a~é which p~omote stðr.dð~d$ of h~.l~~t ~ðte~t or we:f.re. Yes. I am now able to get both cars into and out of the garage. In making the garage a front load. I removed a garage window and Installed two 9 X 9 Raynor steel hurricane proof garage doors I ¡nstalled brick: paVef$ after removing grass and shrubs. .. Agenda Item No. 17D April 12, 2005 Page 18 of 33 ^t3~~1Pewm! ,.) u6iS ðUTS!~~ð^P~ bU'~~~4 ~~rq~d Tt~ ~^öWa~ .~~aTd 'we~, ~Tq~ uo ~OT~~~ T~~!; $,P~eoa ~~~ uo P~$~ "~~~UO!~~~~ ^~uno~ JO p~~og .~~ ~~ u.~~~ s~ ~o'1~t t.u~J :&~J~ (~} u6T~ 6utST~~.^P~ 6u~~~~~ ~~lqod ¡~&~~ ~^~~, o~ ~UV~TTdd~ yw $3'rnÓ&3 apo~ ~u.wdot.^-a ~u~, .~~ ~o «() l'("Z'L'Z UOT:~e~ .. -.....-- - ~_._....._--. _-.........- --....,....--- . ---- - '._p--'.'~ -_. .~~lddy-10N ·u~:d ~uê~.b&uvm 4~M03b .~~ ~~~~ ~U~~S¡$UO~ ~q .~U~y¡V^ ðq~ b~T~U~~6 tt1M '8 'aðSJ&r6 eLO esn ^IJedOJd O} ew &ICl8ue puS ~unww~ 9lß JO êOUeJe&dde a'-lt ~lIue IUtA eðe.Je6 $141 Ut SJ80 (: )JJed o~ elqe 6u'&a 'S3A '~,a la~'nO~ JTO~ '~~~~1 '$~^~ðSê~d te3n~~u S~ ~~n. UO~~~lnðaJ a~~ JO $~^(~~&rqò þU. gtØOÞ &~~ .~~30iT~~ ~~4~ SU01~~PUO~ p~~nput ^TtR~Tc~~d 30 ~uo~:!PUO~ ¡v~n~~u ~~.4~ .~y 'f 'SeU!lep!nfl S,UOne!:>oSS\f J&1Sew v:JA SpJ8Á&U,^ PUS VOH UerE> JOQJ'Q' el[l jO )ueIU! EllA lnf.M SOUBUdwoo u, eq II'*" ~ 'AIISe, "e6eJe6 P80'JUo.g ~W JO µoddns Uf U&IÐ JOQJI9' ~no ~6nOJq) uonl}$d 8 pe¡etroJf:) Joqq6!9U ^W 'AII8UO!IIPP\1' "AeIe\&^IJP Ð~I UI P9'>tJ8d aq OJ 9f1el"f ¡OU I"M Jeo A.w JO, ,{),unwwoo et ¡ O Er.MJeJe-edde SLß $OUf1lfUe 111M U "S&A '~~~JT~~ ~Trqnå ~~~ o~ T.4~aw~~~.p .s~~~~a~~o to 'pooq;oqqbtaU _~~ 01 ~n01~nÇu~ ðq 10U p~~ i_pC~ DUTUOZ ~~q~ ~o ..od~nd puv ~U.~UJ ~~~ 4~T~ ^UOW2~4 ~~ .q .~U~JJ~^ a4~ bUT~U~7b t:TM "9 ',(8M8^,Jp é4} U, Jt!::I ~ )fJed o. ar.e'-l J, UOM f '^I,euOR'ØØV $.Je:> ,(W ) Jed 01 e6e.J86 &lU 9Z!mn ƵedoJd 01 erqe eq pue 'e6eJe6 9l1. UI SJI!:) Z >lJed OJ 8 Qe eq I/!IA I ·~uewÔJ!nbeJ )¡OBCß8S a6B.œ6 ij ÇZ e4J o¡ j8!ISJ 6tJ!)ueJð AS "S3A '~~þ~~~~p ÚU~U02 awvc ~~~ u~ $~~r.~~n~~$ )0 'sbutl'l wq 's:pu~: :la4~o o. .uoq~ ¡r,(¡.{I-:1 b{;ruo~ ;'._1.:[:1 )¡q p~~u~p &'f :;..",~~ .6&"l''f^'J:ld t5''''¡'::I.dc .tU1' .,~UO\ ] "t'H/ld &t 1 uo .:saJu~~ p.v~s:~nb...J ö;I:llntT.:rIl^ ôaln 6UT~t,lt'Jß rtlM "'» A~ ~\ S .----.-.-. VARIANCE PETIT/ON APPLICA TION SUB~nTT AL CHECKLIST Agenda Item No. 170 April 12, 2005 Page 19 of 33 THIS COMPLETED CIIECKUST IS TO BE SUBI\UTTED WITH APPLICATION PACKET! ~ Iþ. REOUIREMENTS #OF - COPIES REQUIRED J. Completed Application JS 2. Completed O\\'Ðcr/Agent Affidavit. ~otarize.d 1 - J. Pre-applicatioo noteslmi n u t~ 15 4. Survey or propercy~ showing the tDcroachmeDt ] (measured in feet) 5. Si1t Phua depicting che following: 15 \}' a) ."U properly bOQDdaries & dilDe'I1sl0DS \ ~ b) All exi$ting and prÐpused structure$ (Iubeled as suC'b~ - c) North arro'A', date aDd scalt of drawlDg d) ReqQi.red setb~cks & proposed setbacks 6. Location map depicting major streets iu uea for 1 rercreDce i- 7. Eletttt)nic CØp}' of an documents and plans 1 8. Appli~al¡on fee - S2000 (residenûal) $5000 (Dou~resideDtfal) (miDu5 fees paid at pre.application meecing) Checks slaall be made payable Ie: Collier COUNt.' BOQl"d ofConlllJiss¡oner.ç 8. Other Req:uiremeat~· , A>.. __ , ~'U Ihe 3Ulhon7.ed ageß iapptiGaQI for dIia ~dlloD. J :anesl that aU (þ.fthe Infð~liol'l irldic.red OD chis é~kli$t is ItlCklded in flu ¡ sub pao.:k.a,e. l uader.:tUuIIJ that failure IQ ¡uch.ld¢ all ne<e~ mbmiulI] ùûorm¡,ùon ou.y rt$uh in ilic de I:.y () pI' "Lai ()r cbis ~ition. If) -/2 -Ùct rf Date G:'· ITmMppHcalioll t'O....~\VARIAr-;Cë PET1no~ .doc(tI.).dot. 1/04 Agenda Item No. 170 April 12, 2005 Page 20 of 33 To; Comer CQUnly PJanninll CommìssioD from; ArOOT GtClt Resìdenls We. thè residents of Arbor Glcn, support and approve tht: changc mRd~ to the garab"e by our ndghhùr Jack and Barhara Connelly. 6648 Glen Arbor Way. By cbonging Ihc garuge [0 a front loed g;.aruge from 8 side load saragc. w~ ure happy that the'y casn now put both \/chides iD the garage. ~~ () ~ Wilham & Nancv ~ns. 6M4 GJeo Arbor Wa\' ~\ . ~r·, . ~i Milcon & Diuna ~'~xich.. 6ó44 Qlm Arbor Way / (\r.. ~~a GL.t1,.t AI'\- q t f 111 I 0 V Jack & Barbara Andersøa. 6620 01en Arbor Way .~~~J[~,(~ay . ~t.~"~ þ¿<,.d.~~/~~ /" Anthony &. aw(ine Bonavico. 6(~7 Gren Arbor Way RuJ~ a £lu.k z¡',/04 Ric &.La L a.. 6676 Gten Arbor Way J . . 9//~/ð 6 GA. Wa'1./ '"8 16/0 £I ;r ;/ Agenda Item No. 170 April 12, 2005 Page 21 of 33 sI~~¡L ,/ ~." AlOOf Way ot & Gwen Merrick.. 6640 Glen Arbor Way Edward & Cyn ia ~lilu~(er, 6663 Glen Arbor Way 2 k" ~·l.<Jf ~ .iJ..'^ {.' ~-!1- Yh~ \ ~ ~ '" Filipe & Eleanor Wcin&am.. ~5 (Hen Arbor W3)' . Jam~$ & Mu[)' FJl.Iehr, 662& Glen .'\rOOf W~)' ~~ 1'~_ .. ren U J()ann~ R~ai. 6636 Ol¢n Arbor Way , Michael izabcth O'Shea, Glen Arbor Way ~J (Y~~ - b r~ +- _n -: ¡OJ, ¡j¡~;1 jPt>- flu ~ ß/;I//' µÁr¡ j¡..3;/~i / ~ PROPERTY MANAGEMENT P80PESSIONALS OF SUUl1t..'I';'õ" J'LOULM., L~(. . 75 V'iDl!'1.;ud:. Blvd. Third fit..m N~plC"r 1~1.34119 ~2 3Y) 353-1 CJtJ2 800-226.. 1502 fJ\X (23 C)) 353- J 909 . Agenda Item No. 170 April 12, 2005 Page 22 of 33 December 15.2003 Mr. Jack Connelly 6648 Glcn Arbor Way Naples. FL 34 J ] 9 Dear M r, Conne II}': The Modification Committee or Arbor Glen h~ approved )'Our reque;1;t change )lOur garage from .:II side load to a froDt load as submitted. Enclœcd for your files please tind a copy of 'he approved form, You may bcgjn the project at any time. lryou shouJd nave any further quesCion~ please do nol hesitate [0 oontact me. Enclosure V:\....."'......I'jC;...IM.mco. Cil..ll'4Jltl\j:t 1I:r"1J~ ~~~ liI',ÞO( VU\' i'x'A { )S COMMtJ~nY ASHOC[A'l'ION RICQUEST FOR ¡u¡;vmw EXTEIUOR ÂRCH rTECTt:RAL ANJ)/OR I,A:SDSCAI)]1; MOLHFICATlO:'ll Agenda Item No. 170 April 12, 2005 Page 23 of 33 . - - --.-' -'" _____ . ..__. . __ ,__ . .......-.--. . .------...... O\VNER DATA Owners Name. ~_~~ ~ ...- Commumty: _" _. . - -' . . .-. Lot# _.é?L Street Addre~ . ... ~ .. ..- Day Phone: ,·"S¿)-tJ. ~ :?a. . J:vcnin.g Ph<.>uc: _...~~- ..-.-.'. _. MODIFICATION SPECI 1"1 CA TIOI"S Desoribe MOdifica:_R~ ~tJ:;~q,d. -6.1 CL- ~_.. .. - , n Loca.tion (be .spc:cific) .' Color ~ tLcI ð-1.(<¡<'~~./L ~~c.DimcnsiQns Materials Expected Date of Completion: SUBMffTAL REQUIREMENTS CHECKLIST ~ RequeSt for Review (This FOID1) ~ Signed Acknowledgemcn:c .....---L Three copies of plans -- must show disrancf: from adjacenr un;1S ~ Samples ofprodll.ct and manufacturer spedficatioru (3) -2:. Receipt .(to be mainta'ncd by owner upon submtlta1) FOR COMMITTEE USE ONL Y 1"ElG1ŒORllOOU BOA Rn OR. D[Rk; 'TORS OR AL"11iOR[ZED COMMI1"fF.:F. .. -, DATERF..CF.JVED .~_ ~_ _ ~~pp VED ()() r;;r-;;;7..... t'tJ PPRovtD ( ) Boar-d/Corrunittee SI~uatures.' "/ .~~~ - -- ....- --_..__.~."... VlNf£YARDS COM:vlCl\'ITY ASSOCIA.TION MOD1FICA'flO:'ll COMl\ftTTltE DATE RECEIVED fZ.-/~ <!?___ ""'P' '. .. AP.PROVEW C,....) IJJ::iAI'[JROYED ( ¡ ~~~ature; ~.. l._. ..--.... . .- -_..~ '.. ... ...... "....... ....... ........-- . .. - ----.-. ...-.....-..- VINEYARDS ARBOR GLEN HOMEOWNERS' ASSOCIA TION Agenda Item No. 170 April 12, 2005 Page 24 of 33 Jun~ 20, 200 I To; All Mç.mbc15 Vineyards Arbor (ì1~n Homeowners' Association Dear Mcmbers~ F.ndosed is a digesc of the Rules and R~gulatíons dcriv¢d from the Deçlnr.1tion 01' Coven~nl and RcsU'ic.tions (Deed Restrictions), For your iDfomlalioD, the.s~ ar~ officia.lly record~d \\..r1h (he Coun'y and deemed enfmct!êIÞJt!. ~ Cars shou1d ~ normaUy.storcd ìn lite garage. ~ Pick up trucks. commerçÌnl vebìcl~s. oversJ1'~d \'chíclcs. campe-rs. boals. ele are not to ~ stored on th~ driveway or on th~ streC'c for :my period o(lime.. j; Arbor Glen A:5:)octal¡(~n \.\ill! review cases that-are broughc to chelF altentk)n reg.uding h3rds.hep and/or emergency sfrualions which preclude them tt) adhcr¡n~ to che rules ofche community. Altcm.U¢ soJutions ma.y be sugses~d 10 Ihese s;u.unions. :;> Maintenance of th~ individual properties to the standards. of Arbor Glen is th~ respo-m>ibtli1Y or e'.1ch homcowDcr. );. Any modifi<:acion to the individual pr()~ny should be r¢f<:rrcd co the Board for ~pprovaL h has ~n not<:d by neighbors who htl.Ve notified th~ Board thô.1t there are S(:wral residencs who are not abiding by Ihe~ ordi.rwtœs. Thjs is umairto che rest ofchc: communHy who cooS(: to reside in Arbor GJen ~au.~ of its bc~mcy and well.. groomed ap~œ. Adherin~ to chI:! aoove Rules and Regulations wiIJ malntain a peacr:ful and hannonious atmospher~ fi')r Arbor Glçn t'Csidents and wiJI a.void lh~ necessity ,'ár ~naHic5 . Any problem:; a......,oc.uLcd wÜh the wateJWay side or g()lr course sid~ may be rererred to che "ropeny Manager who will rcl~r it to the Vineyards who are responsibJe for those 4rea~. Alh:rn.ahv<:ly" the homeownt!r can contact the Vine)'41ld£. Associnlion dìr¢ct1y. If::lny rc~id¢nt ha$ ~ question or problem r~g¡\rding .he. Rules and Regula.til)ns w~ requcst they contact [he Property Manager. Anthony TíreUa. so that a m~Ling c.m he tUTang~d wilh th~ B~;ard of Dåreccot'S to discuss the maLL~r. '[bank Y I,)lJt Uoard of Dì~c[()rs Vin«=yurds Ârh(,r GI~n H~)mcowncr:s' AssQciation Time Warner Cable Update "PARENTAL CONTROT.- PROV1DES PE.o..u..: 0[; .\H['·;:) mn 1'.A,'RF.l'T~ 'f)i~~i.tall:ahle buxes frurn Tim~ 'vVarucr g:\;~ ?¡m.~~t~:1 g1"C~a~ tDuì bI.:!p C,;CJuLru: whaL th~ir chï.dn~n w¡.¡l;:!I <.'H lde.~·isíon. Th~. ?ari?llfill contml fc:atLlrt:' alluw~ }lmt ~o bl(,lC'k rhL'. !i1gn;¡1 to I.llE:: TV 5~I ,h:l:ord;ng to the parameters Y01J ,·.home. T!~L ft::ilLln: is p1'ùten~d by:.L p~~s c:odt: lh:'tL unly you . knCJw. You can hlnck hy r.1tlI1~. by Limt of day, 01' by !'>pe.d!ic~h'Wnl.'bI.. TI· f. . ·1 hI . 1 i· . l· .' ... .. t': '.. , 11S t:aLurc !.!>:J\'<tl.a c Wl~ 1 a[lY llgJ.l:3 Sf'l"Vlœ, ..1'If"; ;....."* .'~. .~,.t · ...tt,.....:~ .... .l1li.,*... ....' ' "". ..~.....: ". ... .' ":' .~_:: DVR ~ lJ!G f'l All VTDFO RECORDER TO '. t'J" Ii ~ J¡ .:A LAUNCH 11\ lC"NI: ....... l....:".; . Tit~d of ;;caJ'ching fù1' VCR [¡¡pes 1 v,,';.:>h l'r:tH mulù ~6¡å. I «. 2 shows aL once.' Wouldn't it be grea~ if y~'U m'..:ld l1:\.....irId:t . ~ Ih'e TV? Soon yau ....,11 h~ ahl~ to ~( all Lhc~~ 1hin~~II·11. ~vith th~ :'Jew cJigi\:ilvirlt:u n:curcl.t:r frNu Time V'lJm(';1' .... C¡¡,ble. 1\0"11 you C:l~l waLch whaL YOll W;:Inf. u'hrni~v<:\" }'cm want. F,;r :!lon~ irúOnllll.lit.m. l)[\ ,my 1ùuc \....;J:"1'er .;;P~;,~(', c:¡, : your representative: .JOH.N H:.f. (239}279-;;D98 JI. ~. . «-..-,. , .'. ,~~. .. ... .....,. .. . Ij: .it .. ' .. ~ .....I.t!- ..~"-..."'."'I ..... "" .,"""" "tr,e. ....~~ /1/ J' ~: .... ..rIÞ ... ".. .,.. ...... .. oj: ..... ...... " '.. .,.' .... * ... ..,',. ..... ..... .."... .. .r ......... .:tt ,'1/1)1.- ~~'..."'... . ~.. .. ... ..,' .." "...- r .' :v~~~yAJf~ !Hi~n: .~. U~ SiNGtE~ '~fl9U~ ~': ~..: ,~.i . , 11~ lhiffi metùng of lilt: Vjc.~>,an:i;, Singl~s Club ",..II br hdd nn JU~ï 11'¡' _ Tht& ~~~r,ing:S eliem "f\o'iJ~ b~ P.i!!3. &- ~1"...ie N1ght. The evrn~ng begins wit h plua at U Primo at S P\·{ and the M<}"i~ i(mg Ariliu: ~new .rcle35<: outJul~" 7" frum the director oC Pir'¡:lCS oJ the C.ari.bb¿t\n) followit\R at i P1-I. The Lo..~[ is S 12 per ~er~,'n ¡:nd tnc:]ude!';: pizza, lm~ilnired nun-akohulil: bl!veraKes, mt.Jvæ tidœt, Lax and gIl\wily. lv:lvc\l\œ paid l'cs..::rVl\(iùn is :e.qutred by July la.:!, 1\0 C2:n..::~llatiol1~ ¡¡ftu thi!i date. The Vn1f~y::r:"d<¡ 10 &. U? Si.np,l~. g~oup meets Ùlt: $í:concl Múndt\y oi fne month <It 6:30 PM (m~.e.ttng InC:íHion. varÏl::;). C..ll 353-1551 ...532: fur furLher informatic.m. Ph.:asc n()1.i:: lhcrc \'\'ill be nu me.e.ring darl! fN June.. . PIANO PLAYER NEEDED Tr..e No{aþle~ (a n::>t-for-proftt) .;:.i:nging group comp1'Ì~ë:d .,fVi11ey111rUf¡ .,... re..~¡denLs i.~ l[)ùking rnr a \'r)hmt~~r piílnO pla}-'~r 1.0 a.~~i;;l Lh~iI ~n"uf¡' "..... ~ The r~q1Ji.rt::[m:nL. are for practiœ and luud o:.:uuC,;crL> (¡ndL.\cling ~n .", ~VPÜ1g¡¡f the Vtuey¡n-ds COUlltlY Club) dunni:!thf' m~mh~ of OC'I(')h~r" ~o\'ember ¡m.d pllrL 'Jr DeCt:mht:r. rr )")U wuuld like: w :J~:.sL Ll¡j~ g.re:H group, plea5e c::i111I'-·e.ttie. MOfwn al455-5772 faT' fut1lw.r ;f1frnmal¡<m. .. Agenda Item No. 170 April 12, 2005 . " J' .-:-." S .,lafJ..e :~:~. ~l;3i ",'Ai .. IS ," di~""·1t . -'j. '. ...._~; ·[0" ... . Í""-.:..:T-"'i ~"¡¡,.' . ~.. tr ~.I........k...... " r II .. V' '''(S0' þiIJ . .... . """" .. .. .. , I... ....... ~':tJI:.'¡ . 7: ;,.' .. 't .. , . I::i' ~.·t 1i~ J:, ~ .1'... 50 ;.. ......... .' .4. :!-.....I' . l·: :'~' .1:.,ittIE\lA'ÞftD·· 111;·...."" ,~. ·~:r¡;~,tl1! ".II!!~ . :;)·:t....;tII , 'f,,, rA'j~'"'' ~... ~. ¡. ~~·~~~~lQS:~~Uß~.~~· .:;.~~7' ~~~dt~:' .... .1I,I~ ". ~~,}~.. !C'_ill ....;1.: ~,,'" ~ . . ....~j1(l'11a.TYJIIII {O¡¡u. !:fc~<\?cn.." . .~. ":' ~ .. ,i I ~,¡¡:, ...1iI" ,~. ., ~ II...... '. I( TCI.,~(.W,g~_~~......t.1 · Ö\ '~'f ... _ ?f. - -ow ''''''*~~''''. · * IAJ¡PllttQ,:Õ" ..~a:1!¡¡fI.;~~. ~ ~ ~:.~ifld1~~ . ~f~~'·~~~·~~..·'fi:i It ~Mf.i'¡: i tr.,,!'i'1I'i .,-f4'.c,[," 't':*-:. .~ -=-", ;J,.o. ~. . ¡\jf~~": ~ "",.. '. , j. , . '.' '. .~ -j¡ ~ ';~.¡¡~~ . f .~~ \L~tf" "....¡,~Ë~. :l~ 'iI'{"¡;'!f~t'~ ··ia~~t·· ~~.; ~~~~¡;~tfi~.1 ~. .;t. 'iP.~.9:tB'5.~~~ f(,. :to... t J."j ..""If....,..... .. ,'~' .v..'!ftjiL"'~ It,...'. .~...__4 . .....~4.~."'.~.. · .. ~ . or : /":.f ,,,""I ì. f.: - . ...... · "" ~" t ,! .~. :S. ", . .~..~ ... t .- ." ~ .. ~ . 4;. ~ Ai' ...:0. Iii' #.~~a. .~.' ~~.~' r. ...... . .. ·it 'SiI'..... ~ ~~.. ·W.. ~... ~_-4I!,:,,*-...~-"lI:l~.:~1 .. .._ ~ -!IlL ... ...-~.rpr.......... ..t-.-.:_ PARKING ~5idwlS, pl~ park }'ot:.! v~h1cle5 om-o!-5ight m rOOT gara~e:. An)' gUI!..;;t(.:;) .sh<>ulrl ¡:J~rk :n }' o-ur drivl;':way as widL Your seHict: t~~úU\'i,:es SL101J:d paTk in your drivew.,}' mH un tht: !:!tn:cL. 1i!1 }:cJ¡icll:.5 nl;,),)' b~ µ~rked m"f':l11ight on ~he ~~rf'{,.r. Guest YE:hic:les parked nY~Tnight in }"Ullr dri\"cwa)' [or a p~rLod Gt more thall one wef:.k TI:.quirl! . the appruval u[ )'Úllt home.owner's a;;~o..::i.lii(ln and the V CII.. Parking (In your ~a wn, EaSEmEnt aœ;¡ Dr an)' urlpa....cd at~J. is prohibited. This restn('.t1on WJll h~ stri (;11 r i:: 11 [orc.:t::ù by LlJwirl~ lh~ vehicle ~H Lhc re:iide.nts· expense. Agenda Item No. 170 April 12, 2005 - ........ .. Property Manager's Corner ru, L~~Obl: I~~id~nt.s who re.side \""i¡h ~:,s )'l:iJ., r"fLlunJ ~h~ ttt'~i(',k' sh~~uld re:a~~ you ww~r¿ [he: end Df OUI lwpiOJ.I ntin "~.rlr,\)n. 1;j L1lL>~L' ~l'Jrning (0 t.ijo}' the w~nœr se.¡¡~on, ..wdcmm: hack. \.'vblI~ hl\ ppy w :;ha reo sClme wO!ld erflll news wÜr. an L~~lI rt:~ld~ UlS Thi.s }'{'.ar the numbt:T nC V~ncyltrds n:.sill~nLS un "Tßam Vk.tDr" h~\s 11lcre:as~~d <':( fIsiùcra'uly. l'uI Lho:;;: "f you wj',{1 111I1Y mll br. IJ.Wi1r~, LIH:~~ ~t:sidcm.s are lhf: Vlll~yard:; re.p:r~.5el1T¡¡ti\'(':s or C. 1:, R. T. (Community F.m~rgellc}' ~e5pOml" T~<L ~Ù. Their lmil'Ün~ ('.nm1"1lltr.1~:nl. involve::ù ~n t:i~lll I.w.:el{ pCl'iüd (C1l1!! dny pel" wr.r.I< rl)~ ',w0 h0UrS), "¡".('~e. indMdual., ¡)r~ r.mllm~H.fd lo ¡\:;.¡,i~l;'U~ ;tll n:siùt.'nls LlJ Vim:yarùs in lhc c:\'~nL úJ ~n cme.rget'r.y, W(': ,:':mgrmul.at.e alJ re:am mèT!lhers and tha:-¡kti-.em[u¡ i.hdrd~~b,::Ui~l[1. The pmenLÜl ùaIlla~¡: Lh¡¡l t:ilU be ::au3cd by ulIlLLlal db,u.[~.1'S. ~."d man-m.ad~ eve.nts guch .¡.),;. hunicanr.s, torll~dno;, flondll1~ ¡;Iml tt,r1I1r'.~111 ~.tIL a:l"ct:t al~ de meats {'If 5ociP.!}' amI g[JVcIIlm~ILl. Tb.:s~ t:vem::l call sc\¡er~l>, H'_~tri~.t ('IT o~·t:n\..f1dm (.'Ll!' r~~púns.e r~!'-our,.-e¿;. ~',I,mmllr'.ir:1111om, I.r<U'L:ipOIlaÜUil .mrl utiliti!':!'i. It can also le::an 1'1r.In~· ¡n~Uvir.lLltl1s and l¡eighb{lrhcmd~ ;:UL un [rom the iJLllsid~ 1)'¡'¡Pf)OrL. l¡-,di\iidu~', p':'t'parl;'.tln~~,s, phtluLia~, s'Jrviv'al ,;.kiìl~. ól1ld t\HIIU,11 nid within ndghhuthouds during ¡his imtial pc¡m] a:-t: . ~.f,5(,"mi~11"rot:a,';Urt~s in ~uping with the afterm.1th of t\ di:;a~ter. Idl!;!llly, 'll.T t1f:~t! :>1 ll'ast LWt' or three individufll., WiLhÜ'. t:ach ~:II f rnLl:~ìly al Lb: Vi~1tyard5 to b" tram~xL Plt:a~c ~all jj3-i. ~~:l, if Y~I~l <\r~, int~,rf;'.~tr.d in pm11t.:irmLill~ iO Lhis ...it:.a.l progrAm. Jnr.l( 'F.:r1!;¡t.~oll. (MCAII', AMS~, ~!K)PtR'l Y :-'1M'oAGf.R OPEN HOUSE REGULATIONS Vc.\ Si~' Sp(C'i~.:¡!.nnn¿;. .. 12 · x 18" V>.o'hilf: P\'( 0 2 S~ù...'!.i I h.:nur Gn:cn l~ll\:n~lW' \\irur..:: Sc.ake Kun~hEt of Si~n.5 A1Im~'t:t! 2 al :-'1;I.X.IIuum 1 SIgn ~¡\tefU)gc..oo.vnU';1j[y 1 $1., U1 F~ònl of H,1me ~ be p~t:..as.cd lhl'Ough (:!:..:ils E.'\~rt:!>.... (C:~rQ¡~I~ (.;c;m'r:l.vr Çii >h:... J:to¡ .rd 01 Rtilhor.5. ~CipcCÙ'r"t:: BIIJr~r.; who w';~h lo all¡:n~ :lU Uf,xn ))ouse; nm1i' prc~m .. br\xhurc "', i:.,;ve :>pe:clfk adresssfdestim)[i~>1I. when emerin~ IhroU$th lhe nonh ~r 1i.\Outh g.HC:b. ~.-..,.._._._,,-" ANIMALS Ownõn!£ an ani:n¡¡: ha.:i lII'Uh' IJI.m~~lt5·: but with owne~~hip ar~.; <:ame::.'õ respon:;~bilÜ y_ \V<: -..nc!cI,:;t¡uul lht: pl~~ure th;1f pet ,,·\lI,.-ne.:-5;'ip ca~ brin!!, but rollst also ~["lSllre dttH pel OV.T1.~,~ clr.o not Idrin~~~ Uf'HJr'_ Lhe:: rl#its of all \'ï[u.:~":lrci.> ttsidcnts. VI....e strongly urge pEt m,me:rs ~() he:: wnsjdl'ratc (If all Vim~'r'ards owners. Plca~c do nor le;wc }'t1UJ at1im<J1 or. ,,1 lanai ur in an art:u Whe::I~ it ca;l be dist.urhing to nther5 <d1i~ nppli!::s to all i\nimnls.. ,cnt,;. dLJg¡I, bi.ds. (:1C.). \7\!1l1.:n Wil.lki..!l~ yt1LlI pel P~t:tlS~ bri!15 along cht: apµwpriate CO<1LaulI:r or bag to pmpedy dispose of :my wasrI:: lhat it m a irE!'>, di.'p05ing of rh<'lf COnlí!j ner propt~r]}' at ;/OtLT home. Th:.ink YUll fur }'t.1LlI cuupt:raUt'!l ¡¡nd '-O:1Si det"ation of your në:igh bm~ anù our bcauLi1'ul com~t1\JniL}·. Vi.01aror5 may b~ re:port.~d I[) 119-510· 7.1H7. ..i ~ Agenda Item No. 17D April 12, 2005 Page 27 of 33 Tbis \Varranty Deed Agenda Item No. 17D April 12, 2005 Page 28 of 33 . \c""'" M~ 'II $;,) da)' ",r ..pt.lab.r A,D. HI> ~, b~ Bd,..ud £. Curtb, nI. .a 8ingle ØI&.D bo:n:iQ-rI&'f ~áIkd IlIt tt~..r.or. 10 John J. cOnQelly and Ba~ba~. K. Connelly. busband and wif. \l;buK I'O'f vI ~ Wdtc.t$ if;: ho:.'orill.t:¢r çllrcd 1M ,..~; IV.~_.. _~ IItItt/Io .,.. ItI'III ',..,- Þ" .,..~_. __ iii' GIlt eo/!ICT ,. "II 1ftM_ .", .. 11("1. i<!Þf .c.._....,. """ #1""" Ôllr:llcUN:4. oUIIIIlIIIor __1 UII ""'.. otOWl*__~ Wluae.s,çelJa. .bM t.I1( ~h". for *' J~Ht>lUldet,liol'l of ÚlC StIm !If 1 10. (I 0 ..nil 4)11Þ~" w~lWhrc OO~ickf",iom:, reœipt whctcor j¡; ~ a:1a)ow1C!dtN. l1er"'Y 11l11li1$. b",pllI$. kJa,. aI'-. tuIWIas. tdt~. ('IJI~C¡Had conJitIM ullCU IIIe ;tlllllct. ¿lIIIW em. lend $UIIIfC iø ColUer CO"",)". Flur\&. ",i,: ~ot 28. VIN&YAkDS ARBOR OL", .~cor~lng to the Plat ther.of. .. ~ecor4.d ~n Plat 800~ 21~ Paø.. J' th~ouwh 41. ißclu.~ve. .ub11~ R.co~d. of COllier OoUQty, Flortd.. S08Jrcr TO COVenaB~., r..tr1e~!on., ......Dt. of ~ecord .ad ~ax.. ~Ot the current y..r. Parcel tdeQt1fic.~ion NUøb.~; 806~000124' T~td.uw¡tha1II11~ICftC IIØIlf. bt-nxllI~ W Ip IQtlC8i1QOn Ibt,,,,. t.tlo",ill,~r iU~""iIc~alftulI' T~ U.vc .nd 10 lIoJd, Ole s:uJw iQ 'ee ~il1.11: foo'CH!t, ^ nel dIo: 'f..,.nt 11oet1L!1I)' WVII:IUIU$ ..jU¡ ~ .....;1; c þ, II!( II_IoN t I.1WMJYkifCld of Hid 1-.1 in fœ $j",,~: ¡hJI ,M "~IIUI hu Il"O(l ri~f -.d "'-M aUlIWriI)' 10 ~I ~ <.oftl"t)' tlil! 'ød: IhaI tAt e-IO' hone!>.!" fl¡U,.. --.f." IlK lifle! '0 ~¡.. laøcI :wi 1trill deI~ the UIrIo! "11IItC ØIt ~...M dalml of "u \tr$4l11t. IIIbY~v.'t ~ U\d "'-.. tiN land t¡ r;""" nor:.ll el>C'lJl ,bfU'Ct$ «ICecpt I"'~ ~NQII ~_ h, Dccqnl!er )1. 1!oJ 9. In WIUtcæ. \Yhtnof. (h( sMI &t~ Iw Jipcd <iINI ~ """ Ift$1en1l !be: <b1y ... )~¡r I\ßt ,hcl~ \1;fII(Ct . jl~IlH. .tMlðJ atd ddj~'e"cd m ()U.f PI"C$tn,t,· þ.; t.~o \..Q¡ r\ € ' a.... . ') . 'Y ,. , x{þJ.., ..(~ ¿ éL ~":'¿µ;Q, f?c7//vM~' /.. ot".,Y..$ _.5~. ~~ rïi1 ...,.. ~ f'i:sJ r::;.. ..... .: ...... ßD '... ,.... .. ~ ~ :Ì4."lfot or WI ....... [ ç I()(ido.. L'.1o"H)' cof ~'\\(.l"'" Ih~ (l'I4'c¡¡:u¡I'& "~tnI,.,,. ~'~ acl<llU'*lcdlQJ bocI~~ me "¡'it 1,St'\ III)' or sep tqbe J; b)' . 1999 Edward E. Curt1a~ III. a e1ngle man "bo ~ ~""'.d ,.. kllU....n 10 me or w110 I~ pn¡d~Ccd df\ Vt..t~ \\(e.t\~e.. . _:~':...: iO!'t1 4 ''; J.', *.......·_.Ut~ I' -.' ..~ ~ <,',Jrf ..;.1 eJll':lf$.....,... »:III ~·cc?" -,..___~ :u ilkQlirldaJlOfa .....0 I ~~,) .~...ttt:Þ BV; .....u. ",_ ftF-tU'JI:Ð A ~1'\1ItI m, F1n4 1\~..4'Þ n.. _...... C...,.-r ~ 1'10#I0Io4.... T..~ Hwofl K........ 1'Woo1oh )ot~Ð ~,¡.. s..: lA$tS ·i~s.~ "-' PuWoc Ny (...._11M .....,...<j _. ._ _._~-- '·".....AR-'12O ,~~omI I)" f'I,¡ 1 ~9JN IIUCH"I.L DÞU~'TZ .-.. -.. ... .__..- --.. .. (i) Agenda Item No. 170 . April 12", 200'5 -. VA..1004-AR-6710 Page 29 of 33 PRO,ŒCT 11:1004070018 DATE: l0/19tt4 MICHAEL DERUNTZ .' A FFIDA 'VIT W~¡l. ~ <f-ð¡¡llJAt¡¡. /1. OoNAI~/Meìngftr.tt duly sworn, depQsfl. and say that well IUn/OTC ¡he OWlrers of the pr()pt:rly de.scribéd herei1, and whìdr is the su.bject mCltlcr of the propœ;ed ¡rearing: thar aU t¡le answers lO the qUé'.Stio1tS in this applicatiolf. t1rclliding tJr~ disclosure ofintereSlm!crrnaÛOJ1, al/ slwtches, dara, and othar supplenJentary malCer attached to llnd made a part of ¡Isis application. are honest and InJe 1<> the besl ()! our kn(J'WJedge. and befte{. Hid! understand that the information reques/cd on rhi.s applicotion must be. complete Qltd accurate and Ihal the COlzu¡n/ of {his form. whether coml'Uler gerumtlt!d or County print~ shall not be ulœrcd. Public ItlJarings wtlllfO{ be adV(!1'tlw:J umillhis applicatioll is duemed complete, and alJ required injormatiort has bt'elf submillCcl. As property owm~r Weil fm1hcr authorize a.~ (')ùr"lmy repre.<;enwn've in any malters regarding (his Pelifion. to oct ~:~i.'!L~O::;/ /7 .xf~¡34 ¡/. Gh'4e/ý Typed or Primed Name of Owner Theforego!!!ß in.~mem wa.> f;,."r~:[!~r..tI~~Ft.0re me th~ fd dùy cJf ~ ~,()<I. by ,j"hÐ J. CO....o.t ,I... w?JQ is personally k"ow" tQ me ()r ha.'f produced ¡::y"" ~... ð~1 V(.... 1..Jr..,...'~ as identification. Srate. of Florida Counly of ColUer "- (Signature Notary Public· Stare Qf fi°rida) 'lJr" ( :f. 13CJ'f J . (Print, Type. Qr Stamp Commissioned Name 0 Q '{1 U .' ~OI.J..O'tD , ....." PutllC . II1\II at FIOIIIIIi . . .., COIMI. i..,.. Oc21. 2CI01 CGftII'IIUIOtI' COV5123 1." 1"~' BG~1d ey NItIOMI HØtlllY ~"". I.{)(") 0(") '" :::>..... .fì1 .~~Q,,~ N i).... or- ~.... = ~~~ '- ~\..> Co s;'" « 1~~ ""-5 Z (J -u >- :~ð a. t..Jõ'" O!: ß.,~ ~ ~~t3 "'~'" ~~~ ~~æ ~~~ '" ~~ð ....'<~ 3ðO\ ~~§ ~¡r;i!; o::a"'ll.lD ~~~e ----" - II> I _-;ep, -----+-27 ,33'34 '3 ''''' ~ - o::a.. '- NJJeB,DB.1 ~~~ ~~~; - ~J T '!' " - ---Gc£N TIMe - - - elL z ~ ~ a...~ ~ I »ei: ~ :~~ i~~~~~~i~ia ~ ~~ ~~;~;rl5v.~~~~ æ..~~i~I~I~~~! §§~~gJ ~~~~i ;;¡â~l;;ïã5i'!~~r:¡ ~l5~ ~ ~ ~: ."" ,.. II ".": ~ ..Jl:t~ ~l~ t ~ ~~ B~i'!». I . Lb'.I1 ~~~ ~¡¡'i i3 ~~~~ !w :~t>! i~~it~:;s ee ~ :e~~I!'l;nz .!i~~1i;:Q~~~ Ob~~~~~~~~g~~~3~~~f ~g!\~~d:h¡;s¡¡,'U~>~. ." :~~~ .:::¡."~,,.. ~ ~ g~ ~~E~U~~~~~~~z~¡ C~~ øwu ~ e, ~~ ....~ '315 I!t ~ ~ l'4 ~ t.,/t(r..q¡,.¡ ~" ~ ~~~! log ,,( ::::"" :e~ ~~¡¡' œ > i'I .. M !l~ i9. ~ ~ ~ ;¡ w m E~ ~;;!!> ;~~ : Ii ~ ' i 'i ~ f i ~~ Ì ~ z"3 ~";¡;¡~t:"ü", d:;¡~~ >-~" ~"'g io i Q i5~:~~" i.!~ i( i ~ ;~ ~1!'>9!i~" ê~!:! ~ w '" ~"~"..iII ~ i "~;:I;;~~JoI ~ ~~~a~;~~~¡~~:i!~i ~ l'i!:~......,~~~~ S~!2iW!:!~ ~~:i!<3E~!o.... ~ ~~!~.I :;~~~:::~~§~~i~§1!'~~g~ " ~h~io ~>-i~!~h~~~~,J !t ~"~~~~~~~:~~t;o;~~~ ~ t:1i;~9i~;:ftL"!ll;i'~ " ~~>~~ ....Iñ,ø ... III i!I ~ !~ t; i~ ~.... ~~ ~ ~ .. ... ~;t !Ii:: t..:-.¡ ~~ ~ 'U"£ ~{J' '3~ ~ MI (21 \ ~ ~ ~ ~ ~~ m .... ~~ ~ '" .. t!! ~ ::¡ ~ ~....~ ~ ~'b ~ I ~~~; ~....== >! :< .. ~ ~ t:l~ 'e¡¡ t:~~ !~~. ·0 o u ~ðw ~;~ ~ílœ ~w~ At:¡ ~=-~ ;~~ ~~~ I! ~~ ~~'f'$fi """,';.~ ~i;~~ Q ~ ~IŒVI ~...~~ 21 :~!~" ;: ;~3~ ¡ « ~i~~ ~ ~ œ !=.; ~ a~~ I- Œ1tR~ Ei tf'l'~ò ( -"""..... >- <XI ~ c.. "" '" 00 -, <-", ....'" ¡,J"'", '""<- 00- - .... 0::", 0_ C1,"" <r.. ¡,¡ == '0 "'... ~~U) <ø..0 a::~J, ~ ~ t""J - 12 '" . o u ~!S:; .. u'::¡ .~~~ I~,",w . ~~~ 1~ ë ~~~ §; .. ; ~ I!I ~ ~ .. e, --J ~ " ~~ '38 ..r y,\ ~~~~ \i. "" ~ \r\~ ~ \J 11!~ ~~ f") ~~ ~ ~~ c:::.p) ..\0 t ¡~'" ~ ¡"\oJ ~ .....:....~ t: u. '. CIS E {, 'b ~ ~ ·=:'¥û~a~:... l~; &~~~âQ~ ~i "'~ ~" 1\... , Q) i¡ .... ~YJ ~~'-i ~¡::...,,~ 0,1" 'Þ~i:. ~~ !I.. ~{,'t'!~ ~~~Nh &~~.!t5u~ ~g ~~ tþ :q ~'5i t\,¡ ~~ ,.:~~ -j ~~...t»Q:i ó.\-Î 5 "~:~\O~~ t: It II 'I) t-t!,"b~ · ~./!~~!i!i~ ~ J;&~~ë6..; ( Š N ~ ~ == ;;;¡ M:i....¡::¡:: t-- =~ 'f~Õ\Q ¡::¡:::u:~..;¡ <E--=~ ~U-< g~~:: MOE--U '¡::¡::<- ~~Q~ Agenda Item No. 170 April 12, 2005 Page 31 of 33 RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS RELATING TO PETITION NUMBER V A-2004-AR-6720, FOR A 5 FOOT 4 INCH AFTER-THE-FACT VARIANCE FROM THE REQUIRED 25 FOOT FRONT SETBACK TO 19 FEET 8 INCHES AS REQUIRED BY SUBSECTION 3.04.A (TABLE 1) OF THE VINEYARDS OF NAPLES PUD (ORDINANCE NO. 85-15) ON PROPERTY HEREINAFTER DESCRffiED IN COLLIER COUNTY, FWRIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on an counties in Florida 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 (LDC) (Ordinance No. 2004-41), as amended, which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5 foot 4 inch after-the-fact variance from the required 25 foot front setback to 19 feet 8 inches as required by Subsection 3.04.A (Table 1) of The Vineyards Of Naples PUD (Ordinance No. 85-15), as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the zoning regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in 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: The Petition V A-2004-AR-6720 filed by John J. and Barbara H. Connelly, with respect to the property hereinafter described as: Page 1 of2 Agenda Item No. 170 April 12, 2005 Page 32 of 33 Lot 28, Vineyards Arl>or Glen, as recorded in Plat Book 63, Page 14-15 of the Public Records of Collier County, Florida. be and the same hereby is approved for a 5 foot 4 inch after-the-fåct variance from the required 25 foot front setback to 19 feet 8 inches as required by Subsection 3.04.A (Table 1), of The Vineyards Of Naples PUD (Ordinance No. 85-15) as shown on the attached plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located, subject to the following condition: 1. The variance is limited to an after-the-fact 5 foot 4 inch fi:ont setback for the existing two-car, attached garage, as depicted in the applicant's site plan stamped "Received October 29, 2004," except as further restricted below. This site plan is included as Exhibit A; 2. Within four months of the Board of Zoning Appeals approval of V A-2004-AR- 6720, the petitioner shall have applied for and received a building pennit from the County; and 3. Within eight months of the Board of Zoning Appeals approval of V A-2004-AR- 6720, the petitioner shall have removed the existing driveway that served the side entry garage, and that area shall be re-vegetated. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2004-AR-6720 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2005. ATTEST: DvnGHTE.BROCK,CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to Fonn and Legal Sufficiency: MaJjorie M. Student Assistant County Attorney V A.2004-AR~7201MJDI.p Page 2 of2 OL{)C") r--0C") ,..-0_ NO ci N-C") Z,..-C") E:c§¡ 2o.ro -«0.. ro "'0 c: (J) OJ « ~ 2! ~ æ ~ :¡: :::E !Ii Ii! " C\I (I) ;:) I § ~ .. Z wº !::'< mO 9 mll'tJlnoB NV:J01 a- « :2: w ..... (f) 0 <'I ,... co ~ « , """ 0 31\'OIOL_ / -.- « - > =It Z _1IiIV'JDI1iaITIDO "YO g 0 i ~ ! i~ I- mil ~ ~ I- " ~~N bZ f! ti~ ~ ~i I~ " w 'lU wº ~ Q.. ~ ,'< ~ I I ~ °0 :::9 i I a- ii R ti~1 ~~A I r .. tip~ ~ « "Iii .. ~ii I ~ - ~ii I ~ :2: i ~ I _^""","1MIØ1 ..............~ I II . z t ~I e 0 I Ii" Ii.. IiiR ~ llltii R~i I~ t::ii - I I I ..... 1l.·W,V.IIII1J..N[ It ·iUVI8tB1N « ü II Ii ~ I 0 .. ...J ~ --- Uil! .. Ii II It N i i ..-- Agenda Item No. 17E April 12,2005 Page 1 of 16 EXECUTfVESU~Y Petition SNR-2004-AR-6787, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a street name change from Agri Boulevard to Tradeport Parkway for property located in the Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East. OBJECTIVE: The Petitioner is requesting to change the street name of Agri Boulevard to Tradeport Parkway. CONSIDERATIONS: --.-. The Petitioner contends that the proposed street name change would maintain continuity with the Economic Development Council's Florida Tradeport marketing program to attract new business to the area. The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the three owners of property abutting the street in question, two owners, (67 percent) have granted their approval of the change. FISCAL IMPACT: Fiscal impact to the County Manager's agency will be incurred in the fonn of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheri:ff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the fonn of costs to update records and maps. The Petitioner has agreed to bear the cost of replacing the street sign. Based on a cost estimate from Traffic Operations Department, replacing the three existing signs, which includes both material and labor, will total approximately $300.00. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review street name change petitions. -. SNR-2004-AR-6787 1 -......,-...-.--,..." Agenda Item No. 17E April 12, 2005 Page 2 of 16 LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Board of County Commissioners (BCe) must be based. The legal considerations are reflected in Ordinance 2003-14. A summary of the legal considerations and findings are noted below: 1. The proposed street name is not a duplication. 2. The petition submitted has been signed by fifty percent plus one of the property owners abutting the street to be renamed. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR-2004- AR-6787, changing the name of Agri Boulevard to Tradeport Parkway. PREPARED BY: David Hedrich, Planner Department of Zoning and Land Development Review - SNR-2004-AR-6787 2 Item Number Item Summary Meeting Date Agenda Item No. 17E April 12. 2005 Page 3 or 16 COLLIER COUNTY BOARD OF COUN"TY COMMISSIONERS 17E Petition SNR~2004.AR-6787, Collier En1erprises l.td. represented by Domin¡çk ,.I1.miCO, Jr., P.E of Agna!L Barber S. Brundage, Inc reQlJesting a street name r.,1'Hmge from Agri Boulevard to Tradepor1 Par1<way for property located in tt1C Immokale-e Agricúrn Park, 11\ Sec.tion 2, Town~h(p A. 7 SlJIllh, Range 29 East 4!12/2005 9:0000 AM Prepared By PI..n"~r JI171200S 2:55:03 PM Joy(':~ F.:rn5t Carmnunlty Dt'Ve upme't\t and En'llt'Qnrnentàl Senllc-es Date Zoning & Land Development Review JOY(~i!! Ern~t Plan-tH~' DIt~ Approved By Community Development 311d Environme1"1tal Service$; Zoning S l:u1d Development Re...lew 311712UD5 2:51 PM Sandra Lua Oate Approved By Community Dev!/!lop1T1(mt If, Environmental Services E:II!::cut!ve 5e~retalY Community Dev~!opm(m1 & Environment::!1 Ser,,¡CEls Admin, 31'18/2DO[. '10:36 AM J~nnife' A, Betpedio Asgist~nt County Attorney D¡Jte Approved By County Attorney County Attorney Offici!' 3/1ßl20Q5 12:313 PM OOfwld l.. $çolt Tf<ln!l.pDrtalíon PI:mning Dircctor Dale Approved By TrantlPQrtiol~ Servic.utl Transportatiml Planning 3/18/20054:56 PM Out~ Approved By Con dance Ä. Johnson community Deve10pment & En....ironm~ntal Services OpetlllUol\s Analyst Community De'Ie:!opment & Envirol'\m~nta¡ Services Admin 31Z1f20iJ5 , 1 :02 AM Ray Bellows ChiefNann.er D;ite Approved By Community Development 6. Environt'nentaISerJice'ii Zoning & land Devclopmant Reviaw 3/25120058:16 AM Norm E. Fader, AICP Transportation Division Administrator Date Approved By Tml1ttporLlot1 Sr.rvíctn;; Tr,lfIllp(lrtat!()I1 Sruvil;4!,1 . Admin. .3/2'9/20057:10 AM Approved By SJ, :I.'JIJ M¡Jrray, AIC? Community Del/elopment & Environtnf!nta! Se,.,.iO;:I!>ß 7..o.ning & l.and Devltlopment Dire(;to; D<ite Zorllng & l;;Hld Oe·...elcp'"~nt R~vlew 3!2911005 2:07 PM JMcph K. Schmitt Date Approved By COITUTlunity Ol!velopnumt & Envlronnlr.nl¡:¡1 Seniicf!s COfnmunity nev~!oþmen 8< En....irommmtal 5~rvi(';~8 Adminstrator C<;.n1n~ullity Delt'e!oprnent & Environrnental Sendee$ Adtnht 312'G12Q05 7:56 PM Adrnini$tr¡:¡tlvlt Ani$tant [)¡¡tP.; Approved By OMf) Coordini'llot CQunty M.anllger\~ Office Office ct Munagement & Budget 3/301200512:.41 PM Mark 15ack$Qh BUd~e:t Anajyst Do'" Approved By CDunty Managcr's Office Officc of MMag~ment & Budget 414120054:09 PM Michae! Smykows.ki M'InRiI1tJ!mmt &. Budget Director Dale Approved By county Manager's ()ffic~ Oftic~ of MalHJgenlent & Budge-t 4/512005 11: 13 AM Approved By Jumt!$' V, Mudd Board of County Commissíonerr; County Manager Dnte COOt\ty Manager's Office 4/512005 7;1a PM Agenda Item No. 17E April 12, 2005 Page 4 of 16 LOCATION MAP CCUHTY RIMO - 1 RENAME TO ~ J "i . . 1 TRADEPORT J RENAME TO GLOBAL DRNE I PARKWAY HanK GAO\It LNIE . . I . ~ . . 1 . RENAME TO ! - Ii "l~l· J COMMERCE AVENUE 1UCT .... r " [ I" 'F SITE MAP + lJll ----- Ii· --- ~ LOCATION I { --- ~~~,,". 11-- ~... . --- . gl¡ SNR-2004-AR-6787 S~-2004-AJt-6788 S~-2004-AR-6789 Agenda Item No. 17E April 12, 2005 Page 5 of 16 RESOLUTION 05- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRlDA, RENAMING AGRI BOULEVARD TO TRADEPORT PAIŒ.WAY TO MAINTAIN CONTINUITY wrm EDC'S FWRlDA TRADEPORT MARKETING PROGRAM TO ATIRACf NEW BUSINESS TO TIlE AR.E.A. WInCH STREET IS LOCATED IN THE IMMOKALEE AGRlCOM PARK, OF SECTION 2, TOWNSHIP 47 soum, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the legislature of the State of Florida by enacting Section 336.05, Florida Statutes, as conferred on all counties in Florida the power to name or rename streets and roads, except for certain state roads; and WHEREAS, the County pursuant thereto bas adopted Collier County's Ordinance 03-14, which is codified as Chapter 22, Article X. of Code of Laws and Ordinances, and establishes criteria and procedures to rename streets or roads; and WHEREAS, tbe Collier County Board of County Commissioners (Board), has held a public hearing after notice as is in said regulation being made and provided, and has considered the advisability to grant Collier Enteqmscs, LTD., represented by Dominick Amico, Jr., P.E., of Agnoli, Barber and Brundage, Inc., request to rename Agri Boulevard to Tradeport Parkway,wbich is located in Section 2, Township 47 South, Range 29 East, Collier County, Florida, legally known as hmnokalee Agricom Park Phase One, Tract A, Lot I, and Lot 7, recorded in Plat Book 17, Pages 55 through 57, and; WHEREAS, the Board has detennined that an criteria set fortb in Chapter 22, Article X, of Code of Laws and Ordinances bas been met and specifically finds that there is no other meet in the incol1JOl'lted or unincorporated Collier County with the same name or any similar sounding name as is being requested; and WHEREAS, tbe Board has determined that it is necessary for identification purposes to confinn the name of this street, NOW, TIlEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Effective this date of hearing.. the name of this street described in the above recitals is changed from Agri Boulevard to Tradeport Parkway, 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 at1ases of Collier County, and notations made on the referenced Plat. Page 1 of 2 Agenda Item No. 17E April 12, 2005 Page 6 of 16 This Resolution adopted after motion. second and super majority vote of the Board. Done this _day of .2ooS. ATIEST: BOARD OF COUNrY COMMISSIONERS COLLIER COUNIY. FLORIDA BY: FRED W.COYLE. CHAlRMAN D~GHTE.BROCK.CLERK Approved as to Form and Legal Sufficiency ~~~L~ Jenni er A. Be . Assistant County Attomey SNR·2004.AR-67tf7IDHlsp Page 2of2 SNR-2004.AR-A~da Item No, 17E PROJECT#20041100~priI12, 2005 DATE: 11/18/04 Page 7 of 16 ,IOYÇJ¡; ERNS'.f..Ð4'j/> 'v,..,,{' .. .- ".".. t~. r'!' { 'r· / - , t<:.J,-_ APPLICATION FOR STREET NAME CHANGE DA TE: AGENT'S NAME: DOMINICK J. AMICO. JR.. P.E. AGENT'S FIRM: AGNOLl. BARBER & BRUNDAGE. me. Telephone No. (239) 597-3111 Fax No. (239) 566-2203 AGENT'S ADDRESS: 7400 TAMIAMI TRAIL NORTH. SUITE 200. NAPLES. FL 34108 AGENT'S E-MAIL ADDRESS:amico(Q).abbinc.com PETITIONER'S NAME: COLLIER ENTERPRISES. LTD. Telephone No. (239) 261-4455 PETITIONER'S ADDRESS: 3903 TAMIAMI TRAIL NORTH~ SUITE 400. NAPLES. FL 34103 PETITIONER'S E-MAIL ADDRESS~putter(tùcolIierenterurises.com Fax No. (239) 263-3849 COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (8) AFFILIATED WITH THIS PETmON. ( Provide additional sheets If necessary) Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: IMMOKALEE AGRICOM PARK OWNERS ASSOCIATION. INC. Mailing Address: 3003 TAMIAMI TRAIL NORTH. SUn-E 400. City. NAPLES State FL Zip 34103 E-Mail address: putter(â¡coUierenterDrlses.tom Fax No. (239) 263-3849 . Name of Civic Association: N/ A Mailing Address City State _ Zip E~Mail Address: Fax #: -Be aware that Collier County has iobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COMMUNITY DEVELOPMENT ANn ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNL.~G 2800 NORTH HORSESHOE DRIVE - NAPLES. FLORIDA 34104 TELEPHONE (941) 403-2300. FAX (941) 643-6968 Application for Street Name Change - Revised April 14,2003 Page 2 of 6 Agenda Item No. 17E April 12, 2005 Page 8 of 16 PROPOSED CHANGE: CURRENT NAME OF STREET: AGRI BOULEVARD PROPOSED STREET NAME: TRADEPORT PARKWAY STREET IN QUESTION IS: o public, or [8J private Reason for proposed change: The Durnose of the name ehane:e is to maintain continuity with EDC's Florida Tradeport(formerlv known as Immokalee Re!!Ìonal Airport) marketine: oroe:ram to attract new business to the area. Approximate length of street: t 11 &t ~ '*" Number of parcels or lots abutting street: 3 Total Number of property owners abutting street to be renamed: 3 Total Number of property owners signing petition to change street name: 2 Percentage of property owners signing petition: 67% Applicant æ;r does, or [~does not, agree to pay cost of street sign replacement for public street, (appro>:. $100.00 per sign ) Application for Street Name Change - Revised April 14, 2003 Page 3 of 6 Agenda Item No. 17E April 12, 2005 Page 9 of 16 LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary) A. Subdivision: lmmokalee AgriCQm Park Phase One Unit No. Tract No. A A. Section: 02 Township: 47S Range: 29E B. Subdivision: rmmokalee Agricom Park Phase One Unit No. Tract No. (Lot) 1 B. Section: 02 Township: 478 Range: 29E C. Subdivision: rmmokalee Agricom Park Phase One Unit No. Tract No. (Lot) 7 C. Section: 02 Township: 475 Range: 29E D. Subdivision: Unit No. Tract No. D. Section: Township: . Range: F. Subdivision: Unit No. Tract No. F. Section: Township: ___ Range: Application for Street Name Change - Revised April 14, 2003 Page 4 of 6 í i~ Agenda Item No. 17E Apri/12, 2005 P v 1V f16 PETITION TO: The Board of County Commissioners Collier County, Florida The undersigned petitioners hereby request the Board of County Commissioners to change the name ofthe following street name from Aeri Boulevard to Tradeport Parkway. Owner name Gar ¡uta, Inc. Address 1800 CR 846 E. Immokalee, FL 34142 Tract A, Immoka1ee Agricam Park Phase One, Plat Book 17, Paes 55-57, Collier Count ,Florida Si ature Print Name Owner name Gulfcoast Linen Service, Inc. Address 140 A i Blvd., lmmokalee, FL 34142 Lot 1, Immoka1ee Agricam Park Phase One, Plat Book 17, Pa es 55-57, CQ Owner name DLC Pro rties, LLC Address 2205 A ri Blvd., Immokalee, FL 34142 Lot 7, Immoka1ee Agricom Park Phase One, Plat Book 17, Pa es 55-57, Collier Coun , Florida Si ature Print Name Agenda Item No. 17E April 12, 2005 I ...~" , , ". 16 PETITION TO: The Board of County Commissioners Collier County, Florida The undersigned petitioners hereby request the Board of County Commissioners to change the name of the following street name from Ae:ri Boulevard to Tradeport Parkway, Owner name Gar iulo, Inc. Address 1800 CR 846 E. Immokalee, FL 34142 Tract A, lmmokalee Agricom Park Phase One, Plat Book 17, Pa es 55-57, Collier Count, Florida Si ature Print Name Owner name Gulfcoast Linen Service, Inc. Address 140 A ri Blvd., Immokalee, FL 34142 Lot 1, lmmokalee Agricom Park Phase One, Plat Book 17, Pa es 55-57, Collier Count, Florida Si ature Print Name Owner name Address Si ature Print Name f)/{vID ii, LINCc)"- -"" .... .'!\ ~OLI BARBER & BRUNDAGE, INe. Agenda Item No. 17E April.12.200S-' Page 12 of 16 SNR_2004-AR-6789 PROJECT #2004110027 DATE: 11/18/04 JOYCE ERNST l)rof1.;.~s.,~Ú_Hl.';d cngÌi1ect"!h p!anoç!"s, Hlr\'<:yon~ & In,1ppn~ October 27,2004 Ms. Susan Murray, AICP Current Planning Section Manager Community Development Services 2800 North Horseshoe Drive Naples, FL 34108 c¡ 30118 Re: Immokalee Agricom Park Project and Street Name Changes, PN 0071 Dear Ms. Murray: Collier Enterprises, Ltd. proposes to change the name of the ImmokaJee Agricom Park to Tradeport Technology Park as part of a new marketing strategy promoted by the Economic Development Council. Since the names of the three existing streets within the project have a decidedly agricultural orientation, their name changes are also a part of this package. Collier Enterprises, Ltd. was the original developer of the park and as part of the recorded Declaration of Protective Covenants for Immokalee Agricom Park it reserved the right to change the name of the project. Paragraph U. states: 'The term 'Park' shall mean and refer to Immokalee Agricom Park, subject to Declarant's right to change the name thereof from time to time in Declarant's sole and absolute discretion." For that reason we have not attached a petition, however, the application for a street name change for the park name is enclosed and the fee is included. We have enclosed the following: · Addressing Checklist . Check in the amount of$2,473.00. · Application for Street Name Change (for the project, as referenced, above.) · Application for Street Name Change from Agri Boulevard to Tradeport Parkway with associated petition. · A?plicatio? for Str~~t Name Change from SeedJing Boulevard to Commerce A veu.u.c C E I V E D wIth assocIated petitIon. t( t. · Application for Street Name Change from North Grove Lane to Global Drive witQCT 2 8 2004 associated petition. [,,,1:<n (~fh,:('~ L-<:~~ {' ,<,,' H.. ~\t:':-n_'~' '.' H"I¡ Agenda Item No. 17E April 12, 2005 Page 13 of 16 . A site p Ian of the streets to be renamed, showing the length of the street in tenths of miles and the location and number of street signs. Please feel free to call our office ifthere are any questions on any of the items we have provided. Sincerely, fJa /f. 7fU~ June Miller Permit Coordinator Enc10sures cc: Robert Breder "^M___,",,""_"" ~-.__'__._. "---- .. se~~ 9~.'i Coll:1er Enterprlses l tdj ;~F ' "" J I :J ï. 3 JJU.f£R COUNTY .. L337S).3 .Ob .s~ 239 263 3849; Oct-13·Q4 3:11PMj Agen~I@rr?Nb. 17E April 12, 2005 a020S0 Page 14 of 16 PAGE i9BSÐEC1~ PH iP.l ~·9 0 RECORDED ORBOOK DECI..A:ØTIOW OP, l'RQT.EC'l"XW COVDANTS FOR IMMOlCA£U AGRtCOM PARK ...... 3/20/89 Sent 9»',: COlller Enterpf'lSeS Ltd; 239 263 3849; Oct· t 1 ·04 1: , 2PM; Agen8~Werf/~o. 17E April 12, 2005 Page 15 of 16 t,.~:;\t~~¡ "":,, , ,- OOI~90 OR BOOK 002060 PAGE T. owners' Association: The t.ar. "Owners' Asaociation- Sh¡¡ll mean an4 refer t.o Immokalee Agricora Park Owners' ~soclat.ion.. Inc., a Florida corporation. not for profit. u. park.: The term "park.- shall mean an4 refer to Immok.alee Aor:icOll Pàrk, subject to Declarant'. r.iobtto change the name thereof from ti.. to time in. Declarant', sole and absolute disctetioD~ V. Person: The ter. ·Þerson- shall mean and refer to an individuaL corporati.on.. 90VerNMtntal agenCY, business trust.. estate.. trust. partnership, association.. or two or mora persons havino a 10int or common interest or ¡¡ny other entity. w. Property: The term "Property" shall mean and refer to that cartain property more particularly described In Article II herein. x. Reoular Assesl!ment: The te~ "'Regular Assessment.. shall mean .nd r.f~U· ~o any Assessment levie4 against. Owners tbat is required by the anaual budget. Y. site: The term "Site'" shall mean and refer to that portion of the Property bein9 improved in accordance wi t:b Articles IV and V herein. z.. special ASs..sment: The term ·Special As...sment'" shall mean aftð refer to any Assessment levied against: Owner. other than a .egular A.sessmeat. M. Subdivide: The t.errA "subdivide" shilll ntean anð refer to the diviðing (or* redividin;¡) of a platte4 lot into two or tRore Lot.s. -. - 6 - I Agenda Item No. 17E April 12, 2005 Page 16 of 16 EET SIG CES) @ LOCATIONS 1184'± - :IE Q..:- 0::. ceC> > W ..J ::) o IQ æi C)N «0 33't 0.1 MI H GROVE LANE .1 MI ET CATIONS LING BOULEVARD I 1062' I STREET NAME CHAN ES: 1) NORTH GROVE LA E TO GLOBAL DRIVE 2)AGRI BOULEVARD 0 TRADEPORTPARKWAY 3) SEEDLING BOULEV D TO COMMERCE AVENUE LOCATION NAME CH GE: FROM: IMMOKALEE A RICOM PARK TO: TRADEPORT T CHNOLOGY PARK ~ I o 200 400 SCALE IN FEET I A-MHO CLIENT: PROJECT NAME COLLIER ENTERPRISES IMMOKALEE AGRICOM PARK t!Jr;¡¡¡II1IW;~" ¡¡.¡lIír<l~¡¡t IIUii,.¡f.!f" GNOLI !!I¡¡;¡¡¡¡¡'¡UB I:! Iðt!U'lJi: ~ M¡;;W!l.i~R ARBER & 12¡'¡¡¡¡¿¡îI!!';!fi!tB líH!!!!II!III'IiIi!!" "'!!1~f. I\I1iÍ~ RUNDAGE, INC. Professional En!:\ineers,Plnnners & Land Surveyors ('J~ C...tint)': '4aU T'III:i.:.utóTt~.:\1. . N~~+ f1 + J-,ms Ph.: {tJ,?) 5~~d 1 t . h~! .¡,lJ9j ÇfOi....l.:.M l.,eCAKJntv: ~\~aø tld., 5a)t~ 1DJ. .~"~I'(t... tL.HHSn.,;(;.\':I}m..1iUl· hI(: (~\~M·Flifí Ct'-hihc;!Iu·..-.I \vlb1¡6'".twU! -..(....., UHI.64 a.-I fJlJ,\6("; DRAWING NAME: STREET SIGN LOCA nON, ZONING & DISTANCE MAP FOR STREET NAME CHANG DRAWN BY, ROP REVIEwED BY; D.JA DA rE: 10 04 SCALË- 1" ~ 1 ABa PROJECT No.: 8378 ACAD FILE NAME; BJ78A fCOM DRAWING FILE: NO.: - SH £T: 1 OF 1 Agenda Item No. 17F Apríl 12, 2005 Page1of16 ,e'_' EXECUTIVE SUMMARY Petition SNR-2004-AR-6789, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a street name change from North Grove Lane to Global Drive for property located in the Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East. OBJECTIVE: The Petitioner is requesting to change the street name of North Grove Lane to Global Drive. CONSIDERATIONS: The Petitioner contends that the proposed street name change would maintain continuity with the Economic Development Council's Florida Tradeport marketing program to attract new business to the area. ,-' The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the three owners of property abutting the street in question, two property owners (67 percent) have granted their approval of the change. FISCAL IMPACT: Fiscal impact to the County Manager's agency will be incurred in the fonn of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the fonn of costs to update records and maps. The Petitioner has agreed to bear the cost of replacing the street sign. Based on a cost estimate from Traffic Operations Department, replacing the one existing sign, which includes both material and labor, will total approximately $100.00. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: _. The Collier County Planning Commission does not review street name change petitions. S~-2004-AJt-6789 I Agenda Item No. 17F April 12, 2005 Page 2 of 16 LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Board of County Commissioners (BCe) must be based. The legal considerations are reflected in Ordinance 2003-14. A summary of the legal considerations and findings are noted below: 1. The proposed street name is not a duplication. 2. The petition submitted has been signed by fifty percent plus one of the property owners abutting the street to be renamed STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR-2004- AR-6789, changing the name of North Grove Lane to Global Drive. .".....,,,, PREPARED BY: David Hedrich, Planner Department of Zoning and Land Development Review ,,- SNR-2004-AR-6789 2 Item Number ttem Summary Meeting Date Agenda Ilem No. llF April 12. 2005 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS HF PetiÜon SNR-2004-AR-6789, Coliier Enterprises Ltd. repre5entecl by Dominick Amico, Jr., PE, of .A.gnoli, Barber & Smndagl'!. Inr.. requesting a street name change from North Gmve Lane to Grabal Drive tor proper1y located in thl'J hnmoka!ee AgrlC.Ofl'l Park, in SI!J(;,Uon 2, Township 47 South, Bange 29 East 4/12/20059:00;00 AM Prepared By Plnnner 3/17/20052:54:41 PM JoycP-: F..na1 Community Del/e!l>pmenl and Envirof1fnenta¡ Sen.'Ït:es Dat~ Zoning & Land Oen/elDpme-nt Re\ 'iew Approved By P!anntH Dd~ Joy~ ErII"t Community Develupment 3nd Environmental Services ZO!1În9 & l.!nd Oevelopmet1t Hevj"w 3;17/2005 2:47 PM Sandra Ll!a Oa1e Approved By Community D(!veJoplncÞlt & Environmental Servic.es E::)l.ltcutlv~ S~crt!t;!ry C-ommuni1Y Oeyeiopment & En\fÍrDOoment31 Services Admin. 3117/200$ 3:05 PM Approved Dy Jenn¡t~r Ä, Belpadi<.' County A110rney A_1isis!ant ..:.ounty A110ruey Date County Attor '\e~ OfficI? 3/18/2005 12:36 PM ODt'J¡)!d L SCDlt Transportation Plnnning Director D:aJ<! Approved By Tra1Jsp(>rtion Serv!cI!1! Tranuportortkm Planning 3/15J2005 4:57 PM Approved By Opt!rõlltjof'¡!:l Änalysl Date Constance A. Jor.!lStm Community Development & Envlranmen1al Ser>¡ices C,-,mmunjty Developme"t & Environmental Services Adn,i",. 3r¿1t;¿D<l511;16 AM Approved By Chief Planner DJ.te Ray Berlo.....s; Community Developmont & ElwìrQnmental :>ervìce5 Zoning & L.'Il1d Devrdopmant Revl&w 3125i2005 8:15 AM Norm E. Feder, AICP Transportati-on Division Admi.Üstra1or Date Approved By Trafl1¡porUQr: Service~ Tr'lllfõport<l1lon S!!-fVice$ Adrnh\. 3/29/20057:11 AM Approved By SU$<1fJ Murray. AIC? Community Develoþlnent & £f1vrronme-nla! St!lvkes Zoning 8. l.and Or.vl!:loþl"Jent Ditec10r D<!te Laning & Land Development Re-IJlew 31291'2005 2~02 PM Jo~(!ph K. Schmi1t I),f j(! Approved By COIYlmunity Oe\l~jopmeJlt & Enllitonnlt!l'It¡¡1 Sørlo'ic~!:s COfnmunity D~vejopme"l & Enyifonm<:!"n1al Sl!rJke¡¡ Adminstrator Comn\umty Oelo'elopft'lt!nt & f..nvin)flrnontal Ser\(icfts Admit! 3/29120051:55 PM ApPToved By OMß Coordímalor CQunty Marlilgt!f'g Office Adminìstrtrt¡ve A¡¡$ì$tant D.,1e Office of Man.ugernellt & 6\JlJge1 3!30i2005 12:.41 PM Mark IlI;II.ckson Budgl!'t Analyst Date! Approved By Coun1Y Manager's Offictl Office of Manag(!'m(!nt & BUdget 3i31121)05 3:23 PM Michad S01ykowskr M-an.gement 3. Budget Dlrt:c:tot Date Approved 8y County Manager's Offke OfficI! of M3nagt!rnent & Budge-t 4/5120U5 11:11 AM Approved By Jurn~$ v. Mudd Bosrd of Count)' Comnlissloners COUf!ty Manager Oate County Manager's Office "'Sl2005 7:13 PM .______.. "_0_'·0 LOCATION MAP RENAME TO TRADEPORT PARKWAY . -. _ I..v£ ........·14· I 7 I r · l"l-:-l -J (" . SITE MAP Agenda Item No. 17F April 12, 2005 Page 4 of 16 CIIUK'IY'__ RENAME TO GLOBAL DRNE RENAME TO COMMERCE AVENUE --- I I I I --... 0 LOCATION I ( --- · ~~~. '. 11-- ~~ . . ... i/ ih ilD . I' gl' SNR-2004-AR-6787 SNR-2()()4.,AR-6788 SNR-2004-AR-6789 ----- RESOLUTION 05- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA, RENAMJNG NORTH GROVE LANE TO GLOBAL DRIVE TO MAINTAIN CONTINUITY WITH EDC'S FWRIDA TRADEPORT MARKETING PROGRAM TO AITRACT NEW BUSINESS TO THE AREA, WHICH STREET IS LOCATED IN THE IMMOKALEE AGRICOM PARK, OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the legislature of the State of Florida by enacting Section 336.05, Florida Statutes, has conferred on all counties in Florida the power to name or rename streets and roads, except for certain state roads; and WHEREAS, the County pursuant thereto has adopted Collier County Ordinance 03-14, which is codified as Chapter 22, Article X. of Code of Laws and Ordinances, and establishes criteria and procedures to rename streets or roads; and WHEREAS, the Collier County Board of County Corrunissioners (Board) has held a public hearing after notices as is in said regulation being made and provided, and has considered the advisability to grant Collier Enterprises, LTD., represented by Dominick Amico, Jr., P.E., of Agnoli, Barber and Brundage, Inc., request to rename North Grove Lane to Global Drive which is located in Section 2, Township 47 South, Range 29 East, Collier County, Florida, legally known as Agricom Park Phase One, Lot 2, Lot 3, Lot 4 less West 100 feet, Lot 5 and West 100 feet of Lot 4, and Lot 6, recorded in Plat Book 17, Pages 55 through 57; and WHEREAS, the Board has detenníned that aU criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances has been met and specificaJly finds that there is no other street in incorporated Collier County with the same name or any similar sounding name as is being requested; and WHEREAS, the Board has determined that 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, FWRIDA that: Effective the date of hearing, the name of this street described in the above recitals is changed from North Gove Lane to Global Drive and is confinned 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 the above- referenced Plat. Page I of2 Agenda Item No. 17F April 12, 2005 Page50f16 , Agenda Item No. 17F April 12, 2005 Page 6 of 16 This Resolution adopted after motion, second and super majority vote of the Board. Done this day of ,2005. ATIEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to Fonn and Legal Sufficiency SNR.2004-AR-678WDHfI l Page 2 of 2 (i) Agenda Item No. 17F ApriL12,2005 SNR-2004-AR-6789 Page 7 of 16 PROJECT #2004110027 DATE: IJ/18/04 JOYCE ERNST ,~ APPLICATION FOR STREET NAME CHANGE DATE: AGENT'S NAME: DOMINICK J. AMICO. JR.. P.E. AGENT'S FIRM: AGNOLl. BARBER & BRUNDAGE. INC. Telepbone No. (239) 597-3111 Fax No. (239) 566-2203 AGENT'S ADDRESS: 7400 TAMIAMI TRAIL NORTH. SUITE 200. NAPLES. FL 34108 AGENT'S E-MAIL ADDRESS: amicoúùabbinc.oom PETITIONER'S NAME: COLLIER ENTERPRISES. LTD. Telepbone No. (239) 261-4455 PETmONER'S ADDRESS: 3003 TAMIAMI TRAIL NORTH. SUITE 400. NAPLES. FL 34103 PETITIONER'S E-MAIL ADDRESS:putter@colllereuterorises.com FuNo. (239) 263-3849 COMPLETE THE FOLLOWING FOR ALL ASSOCIA nON (8) AFFILIATED WITH THIS PETITION. ( Provide additional sheets if necessary) Name of Homeowner Association: N/A MaUing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: IMMO{5ALEE AGRICOM PARK OWNERS ASSOCIATION. INC. Mailing Address : 3003 T AMIAMI TRAIL NORTH. SUITE 400. City. NAPLES State FL Zip 34103 E-Mail address: Duttel'ÚÙcollierenternrises.com Fax No. (239) 263-3849 Name of Civic Association: N/A MaiOne Address City State _ Zip E-MaU Address: Fax #: *Be aware that ColUer County has lobbyist regulations. Guide yourself accordingly and ensure tbat you are in compliance witb these regulations. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 403-2300, FAX (941) 643-6968 Application ror Street Name Cb&llle - Revised April 14, 2003 Page 2 oU -- .-..- ---- --. ---- Agenda Item No. 17F April 12, 2005 Page 8 of 16 PROPOSED CHANGE: CURRENT NAME OF STREET: NORTH GROVE LANE PROPOSED STREET NAME: GLOBAL DRIVE STREET IN QUESTION IS: o public, or I2J private Reason for proposed change: The DurDose ofthe name chaD2e is to maintain continuity with EDC's Florida Tradeoort (formerlv known as Immokalee Reg:lonal Airport) marketinll Dr02l'am to attract new business to the area. Approximate length of street: 1033'" '± Number of parcels or lots abutting street: 5 Total Number of property owners abutting street to be renamed: 3 Total Number of property owners signing petition to change street name: 2 Percentage of property owners signing petition: 67% Applicant ~oes, or r ~ does not, agree to pay cost of street sign replacement for public street, (approx. $100.00 per sign) Applleadon for Street Name Chan¡e - Revised April 14, 2003 Page 3 of6 Agenda Item No. 17F April 12, 2005 Page 9 of 16 LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages ifnecessary) A. Subdivision: Immokalee A2tÌcom Park Phase One Unit No. Tract No. (Lot) L A. Section: 02 Township: 47S Range: 29E B. Subdivision: Immokalee A p:Îcom Park Phase One Unit No. Tract No. (Lot) L B. Section: 02 Township: 478 Range: 29E C. Subdivision: ImmokaJee A2l'icom Park Phase One Unit No. Tract No. (Lot) 4 less W 100' C. Section: 02 Township: 47S Range: 29E D. Subdivision: Immokalee AlZI'ìcorn Park Phase One Unit No. Tract No. (Lot) 5 & W 100' of[,ot 4 D. Section: 02 Township: 47S Range: 29E E. F. Subdivision: Immokalee Agricom Park Phase One Unit No. Tract No. (Lot) 6 E. Section: 02 Township: 47S Range: 29E AppUc:ation for Street Name Chante - Revised April 14, 2003 Pale 4 016 Agenda Item No. 17F April 12, 2005 D.,,,,,, 1 () "f 16 PETITION TO: The Board of County Commissioners Collier County, Florida The undersigned petitioners hereby request the Board of County Commissioners to change the name of the following street name from North Grove Lane to Global Drive. Owner name Collier Ente rises, Ltd. Address 2160,2220,2233 North Grove Lane, Immokalee, FL 34142 Lots 2, 3, 4 Immokalee Agricom Park Phase One, Plat Book 17, Pa es 55·57, Collier Count, Florida Si ture Print Name Owner name Immokalee Pro ies, LLC Address OJ/I'tlo"t Owner name Richard D. Levine, Sr., Trustee Address 2055 North Grove Lane, Immokalee, FL 34142 Lot 6, Immokalee Agricom Park Phase One, Plat Book 17, Pa es 55-57, Collier Coun , Florida Si ature Print Name Agenda Item No. 17F April 12, 2005 D~~~ H ~f 16 PETITION TO: The Board of County Commissioners Collier County, Florida The undersigned petitioners hereby request the Board of County Commissioners to change the name of the following street name from North Grove Lane to Global Drive. Owner name Collier Enterprises, Ltd., a Florida Limited Partnership fIkIa Collier Enterprises. a Florida general partnership by Collier Enterprises, Inc., a Address 2160,2220,2233 North Grove Lane, Immokalee. FL 34142 Lots 2. 3, 4 Immokalee Agricom Park Phase One, Plat Book 17. P es 55-57, Collier Coun ,Florida Si Owner name Immokalee Pro . es, LLC Address 2061 North Grove Lane Immokalee, FL 34142 Lot 5 and West 100 feet of Lot 4, Immokalee Agricom Park Phase One, Plat Book 17, P es 55-57, Collier Coun , Florida Si ture Print Name Owner name Richard D. Levine, Sr., Trustee Address 2055 North Grove Lane, Immo1œlee. FL 34142 Lot 6, Immokalee Agricom Park Phase One, Plat Book 17, P es 55-57, Collier Coun , Florida Si ature Print Name ·, . :ÃGNOU · BARBER & , ,..; BRUNDAGE, JNC. Agenda Item No. 17F April 12, 2005 Page 12 of 16 Profession.1 <:ngin<:<:rs, planners, surveyors & mappers S~El-ZOO4-AJR-6787 PROJECT #2004110025 DATE: 11/18/04 JOYCE ¡R.~B'P 'Ì' AJ/ .? / /: / / ...!.-/c£·,,· 'C.. lYe q.';", (~Ã... October 27, 2004 Ms. Susan Murray, AICP Current Planning Section Manager Community Development Services 2800 North Horseshoe Drive Naples, FL 34108 9 3011~ Re: Immokalee Agricom Park Project and Street Name Changes, PN 0071 Dear Ms. Murray: Collier Enterprises, Ltd. proposes to change the name of the Immokalee Agricom Park to Tradeport Technology Park as part of a new marketing strategy promoted by the Economic Development Council. Since the names of the three existing streets within the project have a decidedly agricultural orientation, their name changes are also a part of this package. CoUier Enterprises, Ltd. was the original developer of the park. and as part of the recorded Declaration of Protective Covenants for Immokalee Agricom Park it reserved the right to change the name of the project. Paragraph U. states: "The tenn · Park' shall mean and refer to Immokalee Agricom Park, subject to Declarant's right to change the name thereof from time to time in Declarant's sole and absolute discretion." For that reason we have not attached a petition, however, the application for a street Dame change for the park name is enclosed and the fee is included. We have enclosed the following: · Addressing Checklist . Check.in the amount of $2,473.00. · Application for Street Name Change (for the project, as referenced, above.) · Application for Street Name Change fÌom Agri Boulevard to Tradeport Parkway with associated petition. · Applicatio~ for Str~~t Name Change from Seedling Boulevard to Commerce A vep'~ eEl V ED WIth assocIated petltlOD. K t. · Application for Street Name Change from North Grove Lane to Global Drive wi~CT 2 8 2004 associated petition. j\1.Jin ()ffir..:t": ηH)r.~ L~¡-¿1i;~IÏ·.jr(:ùJ~:", Suil.: ;100, N-.\pks, ri~.)rd... :~41(;,~: (23(/) ~~l)7, J r I,'~ F.\)C (J~¡;) ~¡)ó.2203 l...ec Coünlr; Y9YO Ct>\.fJl1HT Road. S·.111.I.' ![)3. HI.nit:, ~;;prinp.:i, Hor;d.l :>'.¡. i .?5 ["L'\~ì) 94:.~-(!Ú.'>3 }-,':\X: {};1;:,J"¡ 1rj8-~_726 ~,,,,\vw.::1hhinc.COIU .-.... Agenda Item No. 17F April 12, 2005 Page 13 of 16 . A site plan of the streets to be renamed, showing the length of the street in tenths of miles and the location and number of street signs. Please feel free to call our office if there are any questions on any of the items we have provided. Sincerely, . !Juu;f!. ~ June Miller Permit Coordinator Enclosures cc: Robert Breder .., Sent 9.;':; Collier Enterpr-ises L td; 5".. . ..:::-- -h 239 263 3849; Oct·13·04 3:11PM; Agen~Öen2Nb. 17F April 12, 2005 Ofr2 0 50 Page 14 of 16 . PAGE I9BJ Œi<:,~ ··M IJ93J 19 0 RECORDED . OR 'BOOK ÐECLUtAiIOII· OP :PR0DC:2X9B \N¥~ 1'0. DØ)V.T*n AGltICOM atAJtK c. 3/20/8' \ :-;. ;.~::'~,~'<:':."-¡"':'-':~!:":,.'.':""":..",:' ,...::---.....:;..-,-.~:~..-::-~-_......~._. .., -....~ .._. ..~ .... .--__ _ M·.·...:·.~·· .,,-._... ~ ..~. . .Sent iy;. Colller Enterprises Ltd¡ .:~(:.~.:, 239 263 3849 j Oct -II - 04 1 : 12Pt.I; Agendar4~~. 17F April 12, 2005 Page 15 of 16 OOl'9·O OR BOOK 0020611 PAGE T. OWDera· Association; Th. term -OwDers' Association- shall mean and refer to tmmokllee Agricom Park Owners' AssociatioD. Inc., a Florida corporation not fOtprofit. u. p.rk= The term ·"-rk" shall .a" ad refer to ¡.-ok.l.e AgricOla park, .ubject to Decl.r.nt· .E:ightto chanve the nlme thereof fr:om time to time in Peclarlnt·. sole and. absolute eUactetioD, V, Person: The t.~ ·Person- shall mean and refer to an inðividual, co rpora-t ion, go",ea:"IUMftt.1 agency, busin... trust, estate, trust, partnership, a.sociation, or two or more person. h.vin~ a joint or can-on interest Or anr otber entitr· w. Property:. The term "Property" ahall me.aft ad refer to tbat certain prop.rtr more particularlY ð..cribeð in Article II berein. x. Re9Ular Ass.e.lIJIeftt: The tem ·..gular As......nt· sball mean ana refer to any A.......nt 1.,,184 against o.m.rs that is re~lre4 br the annual t.N4get. Y. Site; The terll ·Sit.· sball .an and refer to that portion of the Property beinCJ 1mproveð in accorðance with Articles IV and V herein. z. Special Ass.s.ment: Tbe term ·Special A.......nt· shall _an .nð reier to any A.......nt 1.,,1ed against: o.mers other than a ae.uhr AII..s...nt. AA. Subdivide: The term -subdivide- ahall mean and refer to the divi4ing (or- r.ðiviðin;) of . platte4 lot: into two or aore Lots. - 6 - :,:,,':.;-_~:.~:.>:," ....:, ~ . . :':'."':.-:':'~-~' ,_. ...... '. '/.' . ..:nø ,._... .....~. "~ .. . -----.~ · I t:ET SIG CES) ~ -.- LOCATIONS 1184':1: i ~'I": <0 rü ...1 ::» o ID æi C)N <0 33 ':t 0.1 MI .1 MI GROVE LANE ET CATIONS· I 1062' I STREET NAME CHAN ES: 1) NORTH .GROVE LA E TO GLOBAL DRIVE 2)AGRIBOULEVARD 0 TRADEPORT PARKWAY 3) SEEDLING BOULEV D TO COMMERCE AVENUE LOCATION NAME C GE: FROM: IMMOKALEE A RICOM PARK TO: TRADEPORT CHNOLOGY PARK ~ . . o 200 400 . SCALE IN FEET I A-MHO CLI NT: . PRO ÇT NAME COLLIER ENTERPRISES IMMOKALEE AGRICOM PARK .....~ =::U.. GNOLI .... !D ::::::DARBER & ······m =====::DRUNDAGE, INC. . Professional Engineers, Planners & Land Surveyors Cøl.Îa: ÛlU"I,!,,; 7400 'f.u'-'¡ TrdN.· NaplQS, R~.wtOa Ph.: (1.19:) !i91..:t.111· 'Fu: (.B,) S"-:J:10J L..« C'.otIIVy: 9990 eoc..Vt Rd.. Sui«: 103 - '/Joeùta SpriII... fI,-3"'U5P1,.¡ (;1.\9) 9.&8.¡"'~ . hI:: (23') "'8.27.16 Cmifictu of "..utwri~HjOh NOlI. L8.1664 ."<1 KIl.'AM DRAWING NAME: STREET SIGN LOCA TION, ZONING & DISTANCE MAP FOR STREET NAME CHANGE: DRAWN BY: ROP REVIEWED BY: DJA DATE: 10 04 CAlE: 1· '" 10 ABB PROJECT No.: BJ7 ACAO filE NAME: BJ7 AGRICOM DRAWiNG FILE No.: - SHŒT: 1 Of' 1 Agenda Item No, 17G April 12, 2005 Page 1 of 18 ,- EXECUTIVE SUMMARY Petition SNR-2004-AR-6788, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a street name change from Seedling Boulevard to Commerce Avenue for property located in the Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East. OBJECTIVE: The Petitioner is requesting to change the street name of Seedling Boulevard to Commerce Avenue. CONSIDERATIONS: The Petitioner contends that the proposed street name change would maintain continuity with the Economic Development Council's Florida Tradeport marketing program to attract new business to the area. ~ The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the four owners of property abutting the street in question, all four property owners have granted their approval of the change. FISCAL IMPACT: Fiscal impact to the County Manager's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. The Petitioner has agreed to bear the cost of replacing the street sign. Based on a cost estimate from Traffic Operations Department, replacing the one existing sign, which includes both material and labor, will total approximately $100.00. GROWTH MANAGEMENT IMP ACT: The renaming of the street will have no impact on the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review street name change petitions. ~ SNR-2004-AR-6788 1 Agenda Item No. 17G April 12, 2005 Page 2 of 18 LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Board of County Commissioners (BCe) must be based. The legal considerations are reflected in Ordinance 2003-14. A summary of the legal considerations and findings are noted below: 1. The proposed street name is not a duplication. 2. The petition submitted has been signed by fifty percent plus one of the property owners abutting the street to be renamed. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR-2004- AR-6788, changing the name of Seedling Boulevard to Commerce Avenue. PREPARED BY: .,..-''''" David Hedrich, Planner Department of Zoning and Land Development Review .- SNR-2004-AR-6788 2 ttem Number Item Summary Meeting Date Agenda Item No 17G April -12 200fj Pa:Je:1 of -18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17G Petition SNR-2004-AR-6788, Colli~r Et1If!rpds;es, Ud, represented by Dominick Amico, .)1-., P,E Df A.gIlO ¡, Barber & Bnmdflge, loc (f}'que5tir:fj a stree1 name chang!? frem Sr:e.dling Boulcv~rd to Commerce Avenue fo' property laGfJkd ir! the I!T\n1okale(; AgricurYI Pall<. in Section 2, TDWIlship47 South Ran!J€ 29 East 4/12/2üD5 9:00:00 AM Prepared By PI,mnr.-r 3!17i2:0Q!¡ 2:~4:05 PM joyc,~ f,rrH¡! comrm.Jnjty D~vL.! optT'l"\\t al1d EI1\1!ronmet\t.Ji S,~ ':i<:~¡¡ Dat~ LOlling It. Land Dcv~lopm~n! Review J<,yeE~ t tnst 1·' I ",nl1t!r Q;J.ìe Approved By COr'rIl'!Wf1lt,¡ D~"'('lopn!:'r<t ;;nd En"ir;;¡nm<:.'I'¡¡¡! ~e-'~;u', Lonifi9 [; L3>1'.1 D!:'\i<':iopm,;llt f<<":vie''v 3.'17.'2UÜ5 244 Pt.~ Sandi,.! Le<l E) .(~cuti'.'e 5e'':letar)! Da1c Appruved B) CQmmunitv UC'~'t\Jr:JpIT)CJlt & Envlronment(! ¡ Se yi<:"1:~ (;ornmUf1;IV DC'vt\lopmc¡\t & EI1"'l!oI1¡W~nt;1l1 S~rvice~ Admin ~\!lBj2l)C5 1O::J4 AM CO'H:;t,1I1'.~t.' Ä. John';1On Opemticn:!i Analyst Date Approved By Community Dt1vr.-lopmen1 & [nvir0I1I11(fnta.1 Servk.c~ Commurìitv DcvE'lopmli'nt & f:nv;mnm,mtai SCfvicf\& Admin. 3118.120CS 1Q:43 AM Approved By As:¡;i~t¡mt COLlnt)! ,\ttorn"'y D",i~ J€nnif(n Ä. Bd¡)Ðdio Coltnty .4ttmoc'l CQ'df1ty Attorney 0ffi¡;c 31161]005 'j2:.111 PM Donald I.. ScotJ lr,lf1l< :\ör1a~¡on PI.flning Dir~r.tor O,lt~ Approved By rränsport!c.1rl S~~rv![;es Tr311SpDlutiDn PI.mmng ;;1,118/1005 4:55 ~M Chief I'limner D". Approved By R;'I}I Bellülllil> Comml.mity [1eYï~iopnw:nt & Environrnenta! Services Zo"ing 8. L.lnd DÏ;'I,'clopme-nt Rf'lli(!'w 3;25!1.005 8-13 AM Nonn E. FCQt:T, ,,\¡GP Transportation Division Admjni~tr¡¡tor Date Approved B,y Tròlm;poriIQr~ 5f!r\liçe~ lròl(~~p(!rt;lti()fI Servic~~ Admin 3J2Q¡2005 7: 11 AM Approved Dy SU$ilfl M!HI¡-¡Y, AICP Comlmmity Devc oprr1~nt & Et1VlmnrnHt1t.J1 Selvjçe5 Zoning & l.M·Ii~ (lwoIdt>pnmnr [lIrf?:çtt~r O; t~_ lC-JIIH\! & Lmd De'''clopm(~P1t Rlwiuw :W9l20D5 159 PM JO$p.ph K, Sçhmìtt rh,r<: Approved By CI)wrnurl¡ty O!J:"'elopmetlt & Envirormlf:I1I;¡1 Sl!'(\/;C!~:¡' c'Hrrmunity Dev¡:I;)pmt>!1I 8< [n,,'im!1mf!'¡¡t~1 Ser...k.1i'B ,\dmin:>tralor [:.¡;¡lTIrnun!ti Oe\lEdopmt!nt 5. Envih1nm<:nt¡¡1 S(';r"h~8$ Admin 3'2912005 '.":54 PM Of1ilB ,";i>.>rdin;¡¡lo( Adrnir'IÌstr¡ltivr.- A!õs.¡sl¡mt [Jilt&.: Approved By County Mana!1!!f't: DHict! Off;;;!! oj M¡¡r¡;J.geml!'l1t &. Huduet 3iJOf20U5 12:40 f-'M Mark lii;!¡eklot:ln thj<jget Analyst !),:¡t(! Approved By CO¡¡!'l1y Manar¡t1r's OttÜm OffIce r,f M¡magl'!!ncrrt ð RUclget 3i3112(\05 301\ PM ~'hchae! Smyiiow."j.¡í M~na;, ;::ment & 8ud9C~ Director Date Approved By County M~\t1<!g~!"S. OH¡(:~ Offk~ 01 Man¡¡9~nlE:nt &. Budget 41sr2:J05 11 :07 AM Approved By J¡¡rne~ V. Mudd Bo:m! of County Comm!s$ioncr¡¡¡ County JI,1:)t1agi!!r Oatil' Cow,ty Man;¡¡g<>=r'6 Office 4!511.D05 7:09 PM ¡--- --- LOCATION MAP I" ,! r RENAME TO HI ' TRADEPORT PARKWAY 11 . . NDR't>i _ LillIE I . 'IW"J-". ~ ' ¡ 7 ~ ,~[ " l "l~~J · J In . I SITE MAP . õ - r I . 9 l: S~-2004-Aùt-6787 SNR-2004.,AR-6788 SNR-2004-AR-6789 Agenda Item No. 17G April 12, 2005 Page 4 of 18 CDUII1T IIIMD _ RENAME TO GLOBAL DRIVE I ~ _ RENAME TO COMMERCE AVENUE ~ll --- S I I . I - --- .) LOCATION I { --- ~'~~I _ fl-- ~". .. --- ----~----- ------- RESOLtITION 05- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING SEEDLING BOULEVARD TO COMMERCE A VENUE TO MAINTAIN CONTINUITY WTI1l EDC'S FLORIDA TRADEPORT MARKETING PROGRAM TO ATTRACT NEW BUSINESS TO THE AREA, WHICH STREET IS LOCATED IN TIlE IMMOKALEE AGRICOM PARK, OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY,- FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the legislature of the State of Florida by enacting Section 336.05, Florida Statutes, has conferred on all counties in Florida the power to name or rename streets and roads, except for certain state roads; and WHEREAS, the County pun;uant thereto has adopted Collier County Ordinance 03-14, which is condified as Chapter 22, Article X, of Code of Laws and Ordinances, and establishes criteria and procedures to rename streets and roads; and WHEREAS, the Collier County Board of County Commissioners (Board), has held a public hearing after notice as is in said regulation being made and provided, and has considered the advisability to grant Collier Enterprises, LTD, represented by Dominick Amico, Jr., P.E. of Agnoli, Barber and Brundage, request to rename Seedling Boulevard to Commerce Avenue which is located in Section 2, Township 47 South, Range 29 East, Collier County, Florida, legally known as bnmokalee Agricom Park Phase Two, Lot 8 and West 100 feet of Lot 9, Lot 9 less West 100 feet, Lot 10, Lot II, Lot 12 and Lot 13, recorded in Plat Book 22, Pages 29 through 30; and WHEREAS, the Board has determined that all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances has been met and specifical1y finds that there is no other street in the incorporated or unincorporated Collier County with the same name or any similar sounding name as is being requested; and WHEREAS, the Board has determined that it is necessary for identification putpOses to confirm the name of this street, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that; Effective the date of hearing. the name of this street described in the above recitals is changed from Seedling Boulevard to Commerce Avenue, and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida. and referenced upon the maps of the street and zoning atlases of Collier County, and the above-referenced Plat. Agenda Item No. 17G April 12, 2005 Page 5 of 18 Done this _day of This Resolution adopted after motion, second and super majority vote of the Board. ,2005. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency ~ A~~~< ifer A. Be pedio, Assistant County Attorney SNR.2004-AR-6788lDHlsp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Agenda Item No. 17G April 12,2005 Page 6 of 18 (i) Agenda Item No, 17G April 12, 2005 ____~ge7nf18. SNR-1004-AR-6788 PROJECT #2004110026 DATE: 11/21/04 DAVE HEDRICH .. j APPLICATION FOR STREET NAME CHANGE DATE: AGENT'S NAME: DOMINICK J. AMICO. JR.. P.E. Telephone No. (239) 597-3111 AGENT'S FIRM: AGNOLI. BARBER & BRUNDAGE. INC. Fax No. (239) 566-2203 AGENT'S ADDRESS: 7400 TAMIAMI TRAIL NORTH. SUITE 200. NAPLES. FL 34108 AGENT'S E-MAIL ADDRESS:amico@abbinc.com PETITIONER'S NAME: COLLIER ENTERPRISES. LTD. Telephone No. (239) 261-4455 PETITIONER'S ADDRESS: 3003 T AMIAMI TRAIL NORTH. SUITE 400. NAPLES. FL 34103 PETmONER'S E-MAIL ADDRESS: Dutteravcolliereoterorises.com Fu No. (239) 26~3849 COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION. ( Provide additional sheets if necessary) Name of Homeowner Association: NJA Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: IMMOKALEE AGRICOM PARK OWNERS ASSOCIATION. INC. Mailing Address: 3003 TAMIAMI TRAIL NORTH. SUITE 400. City. NAPLES State FL Zip 34103 E-Mail address:putter(â¡collierenterDrises.com Fax No. (239) 263-3849 Name or Civic Association: N/A Mailing Address City State _ Zip E-Mail Address: Fax #: *Be aware that CoUier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 403-1300, FAX (941) 643-6968 Application for Street Name Change - Revised April 14, 1003 Page 1of6 "- Agenda Item No. 17G April 12, 2005 Page8of18 PROPOSED CHANGE: CURRENT NAME OF STREET: SEEDLING BOULEV ARD PROPOSED STREET NAME: COMMERCE A VENUE STREET IN QUESTION IS: o public, or ~ private Reason for proposed change: The purpose of the name c:hanlZe is to maintain continuity with EDC's Florida Tradeport (formerlv known as Immoka)ee Remona) AirDOrt) marketin2 nr01!ram to attract new business to the area. Approximate length of street: 01.2' t Number of parcels or Jots abutting str~et: 6 Total Number of property owners abutting street to be renamed: c..¡ Total Number of property owners signing petition to change street name: t-j Percentage of property owners signing petition: 100% Applicant gidoes, or L... does not, agree to pay cost of street sign replacement for public street, (approx. $100.00 per sign) Application for Street Name Change - Revised April 14, 2003 Page 3 of(; --~.--- Agenda Item No. 17G April 12, 2005 Page 9 of 18 LOCATION: List legal description( s) of properties abutting the street to be renamed. (Attach additional pages if necessary) A. Subdivision: Immokalee Agricom Park Phase Two Unit No. Tract No. (Lot) 8, and W 100' ofLat 9 A. Section: 02 Township: 478 Range: 29E B. Subdivision: Immokalee A2ricom Park Phase Two Unit No. Tract No. (Lot) 9. less W 100' B. Section: 02 Township: 478 Range: 29E c. Subdivision: lmmokalee Amcom Park Phase Two Unit No. Tract No. (Lot) 10 C. Section: 02 Township: 47S Range: 29E D. Subdivision: Immokalee Agricom Park Phase Two Unit No. Tract No. (Lot) II D. Section: 02 Township: 47S Range: 29E F. Subdivision: Immokalee Amcom Park Phase Two Unit No. Tract No. (Lot) 12 F. Section: 02 Township: 47S Range: 29E G. Subdivision: Immokalee Agricom Park Phase Two Unit No. Tract No. (Lot) 13 G. Section: 02 Township: 478 Range: 29E Application for Street Name Chan¡e - Revised April ]4, :Z003 Page 4 of 6 Agenda Item No. 178 April 12, 2005 Paqe 10 of 18 PETITION TO: The Board of County Commissioners Collier County, Florida The undersigned petitioners hereby request the Board of County 'Commissioners to change the name of the foUowing street name from Seedlinl! Boulevard to Commerce Avenue. Owner name Immokalee Pro erties, LLC Address 2062 Seedlin Blvd Immokalee, FL 34142 Le al Deseri tion Lot 8 and West 100 feet of Lot 9, Immokalee Agrieom Park Phase Two Plat Book 22, P es 29 and 30, Collier Coun , Florida Si ture Print Name Owner name Collier Ente rises, Ltd. Address 2049,2073,2074 Seedlin Blvd., Immokalee, FL 34142 Le al Descri tion Lot 9 less West 100 feet, Lot 10 & 13, Immokalee Agricom Park Phase Two, Plat Book 22, P es 29 and 30, Collier CoW} , Florida Si tore Print Name Owner name Address l- ;?<t- 0 Owner name Walter Wm. Conrad Stiehl Address 2057 Seedlin2 Blvd., Immokalee, FL 34142 Lot 12, or 1891 pg 1963, Immokalee Agrieom Park Phase Two, Plat Book 22, Pages 29 and 30, Collier County, Florida Signature Print Name ! Date I Agenda Item No. 17G April 12, 2005 Paae 11 of 18 PETITION TO: The Board of County Commissionen Collier County, Florida The undenigned petitionen hereby request the Board of County Commissioners to change the name of the following street Dame from Seedlin2 Boulevard to Commerce A venue. Owner name Immokalee Pro erties, LLC Address 2062 Seedlin Blvd. Immokalee, FL 34142 Le al Descri don Lot 8 and West 100 feet of Lot 9, Immokalee Agricom Park Phase Two, Plat Book 22, P es 29 and 30, Collier COWl , Florida Si tore Print Name Owner name Collier Ente rises, Ltd. Address 2049,2073,2074 Seed1in Blvd., Immokalee, FL 34142 Le a1 Deseri tion Lot 9 less West 100 feet, Lot 10 & 13, Irnmokalee Agricom Park Phase Two, Plat Book 22, P es 29 and 3D, Collier Coun ,Florida Si Print Name Owner name Krehlin Industries, Inc. Address 2065 Seedlin Blvd., Immokalee, FL 34142 Lot 11, Immokalee Agrieom Park Phase Two, Plat Book 22, Pa es 29 and 30, Collier COWl ,Florida Si ature Print Name Owner name Walter Wm. Conrad Stiehl Address 2057 Seedlin Blvd., Immokalee, FL 34142 Lot 12, or 1891 pg 1963, Immokalee Agrieom Park Phase Two, Plat Book 22, Pa s 2~ and 30, Collier Coun , lorida Si ture_ l'0Þ0A~ " Print Name 'vv 1;./..-'f1/ift... I . C. ~,.. f rf'}1. Date 6 '1 Agenda Item No. 17G April 12, 2005 P:;¡n¡::>1?nf18 PETITION TO: The Board of County Commissioners Collier County ~ Florida The undersigned petitioners hereby request the Board of County Commissioners to change the name ofthe following street name from Seedlioi! Boulevard to Commerce Avenue. Owner name Immokalee Pro rties, LLC Address 2062 Seedlin Blvd., Immokalee, FL 34142 Le al Descri non Lot 8 and West 100 feet of Lot 9, Immokalee Agricom Park Phase Two, Plat Book 22, P es 29 and 30, Collier Coun , Florida Si ature Print Name Owner name Owner name Address Print Name Owner name Walter Wm. Conrad Stiehl Address 2057 Seedling Blvd., Immokalee, FL 34142 Lot 12, or 1891 pg 1963, Immokalee Agricom Park Phase Two, Plat Book 22, Pages 29 and 30, Collier County, Florida Si~ature Print Name I Date I .. Agenda Item No. 17G April 12, 2005 P::1("1P n nf 18 PETITION TO: The Board of County Commissioners Collier County, Florida The undersigned petitioners hereby request tbe Board of County Commissioners to cllange the name of the following street name from Seedling Boulevard to Commerce Avenue. Owner name Address Owner name Collier Ent rises, Ltd. Address 2049,2073,2074 Seedlin Blvd., Immokalee, FL 34142 Le al Deseri tion Lot 9 less West 100 feet, Lot 10 & 13, Immokalee Agricom Park Phase Two. Plat Book 22, P es 29 and 30, Collier Coun . Florida Si ture Print Name Owner name Address Owner name Walter Wm. Conrad Stiehl Address 2057 Seedlin Blvd., Immokalee, FL 34142 Lot 12, or 1891 pg 1963, Immokalee Agrieom Park Phase Two, Plat Book 22, Pa es 29 and 30, Collier Coun , Florida Si Print Name ... 'ÂGNOLI . BARBER & .: BRUNDAGE, JNC. Ageod_altem No. 17G SNR-2004-AR-6788 April "T200ô--- .. PROJECT Page 14 of 18 #2004110026 DA TE: 11/22104 DA VE HEDRrCH ; I Profes..¡onal cngincers, planncrs, survc}'ors & mappers October 27, 2004 Ms. Susan MllITay, AICP CUlTent Planning Section Manager Community Development Services 2800 North Horseshoe Drive Naples, FL 34108 c¡ 30/ 1<6 Re: Immokalee Agricom Park Project and Street Name Changes, PN 0071 Dear Ms. Murray: Collier Enterprises, Ltd. proposes to change the name of the Immokalee Agricom Park to Tradeport Technology Park as part of a new marketing strategy promoted by the Economic Development Council. Since the names of the three existing streets within the project have a decidedJyagricultural orientation, their name changes are also a part of this package. Collier Enterprises, Ltd. was the original developer of the park and as part of the recorded Declaration of Protective Covenants for Immokalee Agricom Park it reserved the right to change the name of the project. Paragraph U. states: "The tenn 'Park' shall mean and refer to Immokalee Agricom Park, subject to Declarant's right to change the name thereof from time to time in Declarant's sole and absolute discretion." For that reason we have not attached a petition, however, the application for a street name change for the park name is enclosed and the fee is included. We have enclosed the following: · Addressing Checklist · Check in the amount of $2,473.00. · Application for Street Name Change (for the project, as referenced, above.) · Application for Street Name Change from Agri Boulevard to Tradeport Parkway with associated petition. · A~plicatio~ for Str~t Name Change from Seedling Boulevard to Commerce Aveu.~C E r V ED WIth assocIated petItIon. K t. nCT 2 8 2004 · Application for Street Name Change &om North Grove Lane to Global Drive wid{ associated petition. tvL\Jn (,fftt,:I..': ~·· ·( O ! .d;!';¡1111 : r,l¡' "-.! . Sl!Îh.: : ;'\}, .\.Ipk;-,. ~:in:·J,.!:t 3-'! '()N :.1x..¡ j :'0>' ~ ¡ 1 :;"~.\:: ).~l); ~';~1()-220.~ Lee COlInty: '.}~s)n (.O,:O:iLiI H·)~\d. S·.:!fl: to::;, ;;(\ l¡r.~ j¡Jtill~]._', Hr/ ";d,¡ 3-.J.1.~~ {?~{ ): ()~:'';-~i()Li F."\X. .~~~.1~)_: :t'JS.2i"2() \\'W\\o. "l"hin~.n)!T\ Agenda Item No. 17G _.' April 12,2005 Page 15 of 18 . A site plan of the streets to be renamed, showing the length of the street in tenths of miles and the location and number of street signs. Please feel free to calI our office if there are any questions on any of the items we have provided. Sincerely, . r;f· 7fH~ June Miller Permit Coordinator Enclosures cc: Robert Breder '., se~.~ S-;i Coll1er EnterprlseS Ltdj . "; ."':~::-"":'::~::<"";"':". 239 263 3849; Oct-13-04 3:11PM; Agend"~11i¡fg.17G April 12, 2005 a'O"2 0 50 Page 16 of 18 PAGE . Œr'l,~· PIf,uP3'l9 0 RECORDED QRBOOK DECLAUTXcœ op, :PROTECrXVB CXJIVDA8TS FOR DØÐDL!Z ACaXCOM ¡tAU 3/20/89 ............ ":...:. ... :". '. . .:~; ~-'.ü~~~~_. ,Sent ~~ Colller Enterprìses Ltd, ~;~'<, ~~~, 239 263 3849; Oct ·11·04 1 : 12PM; Agend<IP.n2'Jl3. 17G April 12, 2005 Page 17 of 18 OOt~90 OR BOOK 002060 PAGE T. owner.' Association: The tera -OwDars- Aaaocl.tion- shall me.n .nd r.fer to Immokal.. A9rlcoa Park Owneta' AssociatioDø IDC., a Florida corporation not for. profit. u. Park: The term -.ark- shall .an aD4 refer to Immokal.. AgricOla park., .Ub'ect: to Þeclar:ut'. '::i9111: to cöanC)e the name thereof frona time to time in DeChrant·a aole aDd absolute ðiscretioD. V. P.~.on: The tera ·Person- abal1 ..an and refer to an individual, cOl'pora1:ion. 90venwental agencr, busine.. tru8t, estate, trust, partnerahip, a..ociation, or two or more persons havino . :Joint or cOnI8oft lnt.rest Ot any other: eutity. w. Property: The term -Property· shall .an and refer to that cartain propertr more particularly .s..cribe4 in Article II herein. x. aegular Asse..ment: Tbe term -Ragu1ar Asse.._nt- shall mean and refer to an:y Aa....eent 1."i84 .v.last ONDer. that is req~1reð b:r the aDDual budg.t. Y. Site: The terll "Site- shall ....n .n4 refer to that portion of tbe Prope1'tr bein9 improve4 1n accordance with Articles IV and V here1D. z. Special ,.a....ment: The t.~ -Special A.......at· shall mean aD4 rei.1: to any A.....ment levied. 8981118t Owner. o~b.r than a Revular Ass.ssøent. AA. Subdivide: The term -.ubðivide- .hall ..an and refer to t.he dividing (or- redividin9) of a platted lot into two or more Lots. - 6 - p4 ,.:"...,....;.....'-~. '. I EET SIG CES) . LOCATIONS 1184'± i 0_ ~o > W ..I ::) o co æi "C'! <0 331± 0.1 MI H GROVE LANE .1 MI ET CATIONS I 10621 I STREET NAME CHAN ES: 1) NORTH GROVE E TO GLOBAL DRIVE 2)AGRI BOULEVARD 0 TRADEPORTPARKWAY 3) SEEDLING BOULEY D TO COMMERCE AVENUE LOCATION NAME CHA GE: FROM: IMMOKALEE A RlCOM PARK TO: TRADEPORT T CHNOLOGY PARK ~ o 200 400 SCALE IN FEET I A-MHO CLIENT: PROJECT NAME COLLIER ENTERPRISES IMMOKALEE AGRICOM PARK .II··~'A :=::r.n.GNOLI ······B ====:= ARBER & IIIm...sID =:=:=:;DRUNDAGE, INC. Professional Engineers, Planners & Land Surveyors Cl' n~(" t:nUN!,: ,",nOTlln_';; "J.hil N,· N:!Iplb Ft.·;H10R Ph.: (2)9') f91~:U1 ~. Faw:, (1'0. J6~::tlOj Ue Coomy: 9!)90 (::OCr.:IUIUd., ~.il~ ro~ -Inrrita SprínlJ', FJ.~.'4U5 rh.: (2.kJ ~S"tW.1-IIUI: (lffJ ..ft..!'lt'i Cc:ntfic",t' lOr I\lu},orU.1liun NIJ*. U .J~ .114 E8'ri6<1o DRAWING NAME: STREET SIGN LOCA nON. ZONING & DISTANCE MAP FOR STREET NAME CHANGE DRAWN BY: REVIEWED BY; DATE; SCI\LE: ROP DJA 10 04 ,. ~ 1000' AB8 PROJECT No.: B 78 ACAD FilE NAME: 837BAGRICOM DRAWING FILE No.: - SH£T: 1 OF 1 Agenda Item No. 17H Aprì112,2005 Page 1 of 43 ,"-'" EXECUTIVE SUMMARY CU-2004-AR-6300 Frank L. Veasley representing Bethel Assembly of God Church, Inc. requests approval of a Conditional Use in the RMF-6 Zoning District pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code, to allow for the expansion of an existing church by adding a gymnasium on the subject 4.79 ± acre site. The subject parcel is located at 1225 West Main Street in Immokalee, which is on the south side of West Main Street and approximately 1,500 feet west of S.R. 29, in Section 4, Township 47 South, Range 29 East, Collier County, Florida. OBJECTIVE: That the Board of Zoning Appeals approve a Conditional Use in the RMF-6 Zoning District, pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code, to allow for the expansion of an existing church by adding a gymnasium on the subject site. CONSIDERATIONS: ,.........., The petitioner seeks a Conditional Use to expand their existing church facility by adding a gymnasium to be used for church functions and to provide recreational opportunities for children in the community. As depicted on the conceptual site plan attached (Attachment "A"), the gymnasium will be located in the southeast corner of the property and is proposed to be 8,781 square feet in size and approximately 25 feet tall. There has been a Conditional Use permitting a church on this site since 1987. This request is for a new Conditional Use for the expansion of the church facility by adding a gymnasium as an accessory use to the church. FISCAL IMP ACT: This conditional use petition by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is approved for the conditional use, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan (GMP) Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. /".. C:\Documents and Settingsljohnson_clLocal SettingslTemporary Internet FilesIOLK4\EXECUTIVE SUMMAR1.doc Page 1 of 5 Agenda Item No. 17H April 12, 2005 Page 2 of 43 GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map of the Growth Management Plan, with regard to the Future Land Use Map and future land use designations of the Immokalee Area Master Plan (lAMP), is currently within the Commerce Center - Mixed Use (CCMU) District, of the Commercial Land Use Designation. The following language from the Land Use Designation Description Section of the lAMP describes the primary purpose and uses pennitted within the CCMU District: 'The purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated Area and surrounding agricu1tural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping center, governmental institutions, middle or high school, community park and other employment generating uses. Other permitted commercial uses shall include transient lodging facilities at 26 dwelling units per acre. The appropriate zoning districts include C-l through C-4 as identified in the Land Development Code. In considering new commercial zoning, priority shall be given to protecting existing residential uses. Residential development is permitted within the mixed-use Subdistrict at a maximum density of twelve (12) units per gross acre. Residential dwellings shall be limited to multi-family structures and less intensive units such as single-family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. The mixed-use district will be controlled via a series of performance standards that address issues of buffering, noise, signage, lighting, architectural compatibility, lot size, parking and landscaping." Relative to the subject petition, the lAMP permits certain non-commercial conditional uses within the Commercial Designation. "Churches" are one of the "mixed uses" specifically permitted within the Commercial Designation of the lAMP. The Immokalee Area Master Plan is silent as to whether a gymnasium would be allowed (with or without the existing church) within the CCMU. However, Comprehensive Planning staff notes that, along with churches, the lAMP also recognizes "open space and recreational uses" as one of the "mixed uses" specifically permitted within the Commercial Designation of the lAMP. Based upon the above analysis, staff concludes: The gymnasium proposed for the subject site may be deemed consistent with the lAMP, based upon a showing of consistency with the above criteria. ENVIRONMENTAL ISSUES: Because the subject site contains an existing church and parking, there are no unusual environmental issues associated with this petition. ~ C:\Documents and Settings\johnson_c\Local Settings\Temporary Internet Files\OLK4\EXECUTIVE SUMMAR1.doc Page 2 of 5 Agenda Item No. 17H April 12, 2005 Page 3 of 43 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because an Environmental Impact Statement (EIS) was not required for this project, the EAC did not review this petition. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Collier County Planning Commission (CCPe) and the Board of Zoning Appeals (BZA) must be based. That criteria is found in Chapter 10.08.D of the LDC, as noted below: Findings. Before any conditional use shall be recommended for approval to the board of zoning appeals, the planning commission shall make a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable: ,"""""'" 1. Consistency with this Code and growth management plan. 2. Ingress and egress to property and proposed structures thereon with particular rejèrence to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. It must be understood that the Staff Report and Executive Summary are part of the picture. There will be evidence presented by the petitioner and members of the public at the hearing on this item that the Board must also take into consideration as that testimony relates to growth management plan consistency and the 4 standards for consideration for the conditional use. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was reheard at the March 17, 2005 Planning Commission meeting. Presentations were made by the petitioner and County staff. The Commission then made a motion to forward Petition CU-2004-AR-6300 to the Board of Zoning Appeals with a recommendation of approval by a vote of 9 to 0 subject to staff stipulations contained in the attached resolution. .-' C:\Documents and Settings\johnson_c\Local Settings\Temporary Internet Files\OLK4\EXECUTIVE SUMMAR 1.doc Page 30f5 Agenda Item No. 17H April 12, 2005 Page 4 of 43 STAFF RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve Petition CU-2004-AR-6300, subject to the following condition: l. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this conditional use. Expansion ofthe uses identified and approved within this conditional use application or major changes to the site plan submitted as part of the 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 Section 1 0.02.03.B.3. of the Collier County Land Development Code. PREPARED BY: Robin Meyer, AICP, Principal Planner Department of Zoning and Land Development Review ..- C:\Documents and Settings\johnson_c\Local Settings\Temporary Internet Files\OLK4\EXECUTIVE SUMMAR1.doc Page 4 of 5 +~~ ~ ~ ......~ 1fIiI'W'IIìII:...... tit .... . __0::....-:::'-- .. iIIIIrIfIIt; "'-"-........ N'<J""W "'IY~ ---..~ - Agenda Item No. 17H April 12, 2005 Page 5 of 43 ('J ¡ :::::¡ w .. . .. ...~k-"""""':¡ ......~ ..,,¡, ~1I1KII' ..... ----- "",,~.,tr"""'_~_"".~""" ~~ !i . :. Ii -J I~~ ~i ~~ ~~ 4' , w't "'" p¡,<-~ ,f '<a,t - ~'*" "_"""'" ;j .. ;'o~";';.. . ~,~ ,~ >- e.... -~-."'- ,<,'. -f'~~~':; . ';;¡:J^",,;ìf~""(;: . - - .,' -...... ,''',,~~ -",-"~:i =·~t ;'¿e" i.{~·'1],.-""'a'~~ '" ---~'-~i-~"'~~~".'-~""~."" ~ ''''- --...:-..... ~!!£~==,~ ,,.,. __ ~,.,_ - ._~':'';:',,::'" .... -<',::"~..f"M";~ - '7" I"'<.....~w:<"~tti~ / / .-""'+..... ~.-'S ",' . . ." lIM'¡ :)1J.,..~"') ¡¡î,............c;JiIQ1;. 1 ;)1<1.$1'::; d:ùilJ$ 'V ~¡;;l'fM JJ"i)(;~1'11 -............. a-o-)-,~ '''OM'' ,¡, , 'f~"'--""" ""\, - \~.~ '-',.1Þ'III ~--^ u >< ~i i ::> i 4. -~ :J ~ ""0 'f :.< ~ :a ~ i -'r -~ d ~ :£ ð ti ffi '1 ~ .. ~ j <:> . ::'Ü ~t:.; i !'! ,.. ¡ (.I! ,"") a! '-' ~ .; '" ¡.J "- v.\U~UlIIC'11l;:)~ctIIU ,:n::::lLIIIY:::¡'\jUIIII~VII_~\L.Ul",dl vt:::lLlIIY::>\ I t:::1I I JUlctl Y II 1lt;1IIt:a rllt:::::J\ULr,,·-tu::^c:.vu I IV I::. vUIYIIVIf"\I', I.UV\.. t- I :,,-;1 ,¡·;.H I I .':-1 1,,1 / t:;'~', t . / ~1¡) :._1 J 1; I :1 1111 ~ ! :~~; : 1 1 ~ ~T11 ~' ~.. ~ I I ..! 1 J ': f' -t '1; .. ~. ... : i : f·}t--~~ ,f !, ! ,- . .---.' ~ i" i : J!~:::j' ; jl~'.' . i : I ;.~.;. ..j, , ¡; ;: ; ,:' ~:~c~.. ¡ h¡" e. ' t ~" :tl~ '-'-r~ ..- - -, _.- <,~-~" ,;,,, ''"4 ~ :: ,r·t. h:1 ::7-::-......... _..:<~~:'~.. -~ .' . __ ;' t¡ '~'·/(i ..._...,I,í .;.....···.L~ -_ ..-..............¡.......~.;, ,¡ >_ i .' ,ow..., ...._./ '-<I't..",",~ r d.yt::: ~ VI J Item Number Item Summary Meeting Date Agencia Item No, 17H April .¡ 2, 20Q'j Page 6 of ·13 COLLIER COUNTY BOARP OF COUNTY COMr'iIISSJONERS i7H ""hi:; i!em reQI:iref. thai ,,11 p,¡¡rtr..ipíH1t::. he ,WOrtlln ilnd Ex P¡'H1~ D)~,c::!osurf.: be provid;:r:! b, CCnlmi5t;iQn rr:emb~rs CU-2004~,t.,R-6300 Frank. L. Veasley represen!ing Bethel A5c;embly of God ClllIll.tl. Jnc r-eQues(s approV<JI of él Condiriûpul Ust' in the RMF-ß Zonir;g Drstnct )Uré;lI<Jnt 1.0 Tobie 2: cf Sf,ctwn 2,04 03 Qf Ihe CoHier COIJ711V Land Devp.h'JrJmf:!nl Code, to allt:w for fhe eyp.1ns:on çf 3/1 existing church by addlnç¡ a gYlT1nac;ium 0[1 thp. subject 4,ì9 ± an", sit('. The subjcrt parcel i~ iOCéJ!C:.J 3! 1225 V-;e<Jt MU¡I~ S1reet;n irnnWi<éliee, Wlltch is on :iw: s')LJ1h ",ide af Wf>:s! Mair; Str~el ;;¡n¡J apP¡,oxln,:;teiy 1.5DO :f:et west rA SR 28, ¡r; Se(110r; 4 T()w,;~hIO 47 S·?U~':. Range 29 E<JS1, '~ol!:",r Ca:J!:!Y, FIGli¡j~:I 4,'12.'2005 g GD:OC Af...~ Prepared By 3!17,'200510:14:47 AM Rob¡~ 0 Meyer (';C!T>mu.'1 ¡~" DÐ"('lorm~nl h r!wir{Jllm<!ni~1 S':".,'ICt:<. [ja1~ Prìn':Iµ;l! rJI;trH1e~ ¿""ing b; L3!H1 Dtv£!!cml1l( 11 H~'v"".\ D~Ir. Approved ß~ SJnC!(;) Lr:-;¡ GC).",m\lf1d'! D,~v('!(,pmer¡t &. En...';rOl1m~~nt<li ~Nvic{:'s i',H'f.'lJt"/\' ~'l'(".rr.:,]r¡: CQmnr,Joi\y ¡),,,V{;!(¡[J''1Cf1t&. bWfrcnmentJj S~n!K,",.':S Adm!" 3.'17;2no!) ì2<\ PM DIIte Approved By Cc"st~nct: 1'1._ johnson Communì1y Dt~velf)þlTl,wf & Environtncola1 r"e'',!;('.p.!:; :.Jp€ratIDn!i Annl)'s! ComrYlunity D~..'¡:loþln~nt & Cnvimnment.'l! Scn/lces AdmIn 3f1ßI2Cì!J5 10:14 AM Da!!: Approved By Ray Be:HoW5 Co¡nrn,;"It'j Q~vt' opme!'t & fn"jr¡:-,nm(":l1~al Scrv;(;C$ Crdef ?iMner 7Q111ng & t.al1ij Of'\J~kòrrll(:nt Rt!\'kw J:2;'j1200S 8:08 AM fj,lt", Approved By SlI.:>;m MBrr;¡y, !\ICP (:ommu',ity Developrnenl & EI1Vltollir1ental SE~f'.!kr:!; Zr:>n!nÇl & Land O('vE-lcpmenl Dimçhn L'on,nn &. Land De;¡~If)þme';! ~e-\JI!?W 3!29tZOiJ5 2:13 PM Date Approved By JO$t'¡J11 K. Schmitt r.l)llill11J¡lit~ D~""~loµmtmt &. [nvironm"'nt!ll S",rv'c('s COfnn1unity D("v'>IQ!H~H'r~r & fn';irol1m{?rTt,,1 5,,''''''1C-1:'6 A( m¡r,¡:¡tr~1:DI ComrnU!)iì\; Oe\lei() Jmeflt & Environment,li SNVÎC('S Admin 3!29.120Oo5 ;:62 PM D¡ ~f.> Approved By Milfjorif;"M StlnJul1t CO\J!lty At1oTl'~Y ¡'S$.i51rsnt CO\JI1ty Attolnt''! COi.¡¡:ty 4twrney Qlf¡çe 4.11i2DOS 5:21 J\M !)J.I~ Approved By OMB c.:oordHwt¡)1 County Mfl0.~ger',:; Officf? Ad¡Y!lI\lstrativ~' AssIstant C'ffiçf' of M¡]MlgcmCf\1 & BurJget 4it!:;.>OO!i ~:05 /~M Date Appro\<'ed By Mar" is;;:1f-;k$.on COIlnt)' ~.1;illagt'r·s O fi<:,~ 8ud\ì;;-t ';tHh,.'st (")ff¡ç¡:ò of M.W:>flr,nl!'!'11 I) E\\ldgc( 4/4'2005 t2:25 PM 0<111:' Approved By M¡ç!UI~J !'>r'!l1'kowsk¡ CQunty M311:!ger'5 {)-ffil,;t' r"i.ln~g{'¡,!"r:! /ì; Ehldgt:t f'\iteclOf Otf¡r.;;,> of r,1¡¡n;¡gemenl & evdg~t 414.12005 ~:..;! rr~~ D.:¡te Approved B:,.. J;HTI","S V Mt,dd ßo..rd (Of County Gornn115Siofj{'rs :~ouni'l r..b¡n.a9~r (;OL:nly M.-.nôl.fJr!f'r, 01fl<:l; -4,'Si200S 1:09 PM Agenda Item No. 17H April 12, 2005 Page 7 of 43 Co~T County -- -~ ~" '-- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 16, 2004 SUBJECT: PETITION CU-2004-AR-6300 BETHEL ASSEMBLY OF GOD CHURCH PROPERTY OWNER/AGENT: OWNER: Bethel Assembly of God, Inc. Church 1225 West Main Street Tmmokalee, Florida 34142 AGENT: Frank: Veasley Frank L. Veasley II, & Associates 16921 Tarpon Way Fort Myers, Florida 33917 REQUESTED ACTION: Frank Veasley, representing Bethel Assembly of God, Inc. Church requests approval of a Conditional Use in the RMF-6 Zoning District pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code, to allow for the expansion of an existing church by adding a gymnasium on the subject 4.79 ± acre site. GEOGRAPHIC LOCATION: The subject parcel is located at 1225 West Main Street in Immokalee, which is on the south side of West Main Street and approximately 1,500 feet west of S.R. 29, in Section 4, Township 47 South, Range 29 East, Collier County, Florida. (See the location map on the following page) CU-2004-AR-6300 December 16, 2004 Page 1 of 8 T I.!) cry ¡;::O"t .,-0_ ,N 0 o -00 Z~(j) E= ~ Q) ~ \.... _ Cl.a.. -<::( ro ü c ( ) O"i <::( i ë Ij) ! ~I ~IJ'" f ~ _ I ::: :! :11 " ~ I" 7 ! g I'í ¡¡ ..7 ~ \!! ~ ..J ~ ~ ~ = a <t r ~ I~ f<' L'i ì . ~ ¡¡¡ I III i " . '" ¡;; Ii 'III ~/ ::: ~ ; ~ Ja . ::: II :1 I....- ~ ~ ~ Ii ~ U . " = = d ~~ ~9 I/~ ~ !:! ~ 1 :! :; ~ " t! :í (\1 ~ j '" :!: 1>1 ~ r ) ~ ~ :II \ ; r '\ rr I CU-2004-AR-6300 December 16, 2004 Page 2 of 8 0.. < 2 w to- UJ GI CI .. . ~ c . ; " N ::i u . .. o ¡: ¡: 11/ L ~ ~ ~ z C - I- 4( (,) o -l PURPOSEIDESCRIPTION OF PROJECT: Agenda Item No. 17H April 12, 2005 Page 9 of 43 The petitioner seeks a Conditional Use to expand their existing church facility by adding a gymnasium to be used for church functions and to provide recreational opportunities for children in the community. As depicted on the conceptual site plan attached on page 4 of 8, the gymnasium will be located in the southeast corner of the property and is proposed to be 8,781 square feet in size, and approximately 25 feet tall. There has been a Conditiònal Use permitting a church on this site since 1987, this request is for a new Conditional Use for the expansion of the church faci1ity by adding a gymnasium as an accessory use to the church. SURROUNDING LAND USE & WNING: SUBJECT PARCEL: 4.79 acres with an existing church and service building, zoned RMF-6 Right-of-way (Old SR 29) West Main Street and beyond is vacant property zoned RMF-6 Glendale Bible Baptist Church, zoned RMF-6 Property belonging to lmmokalee water and sewer District, zoned RMF-6 A privately owned 159-acre vacant parcel, zoned RMF-6 SURROUNDING: North: East: South: West: p.L...:!rTI11 ... 1e ....... 15 cui!!. 1~ IJ '2 E l.!. 11 ,~ ~ CU-2004-AR-6300 December 16. 2004 Page 3 of 8 "t --- ~ ----- -._~-- t~¡! ...., ~~ i ~J ~ :;ð ~ 1: ð j - 1/ ~~ 1\ '~ë:!I,,·...,·..·.t·"A""'<·'_f<-··-·' ......._ - .-....... '!II - .::=......:::..=..=.=- QlJU::tt-n "\t,..~~.. :¡.:u.1.~:\N""". U ·.....3~..3.... "'i. ....tÎ.:J ....._ -.....lIiiio'õi' __ . -_-::::::--- --,,-.-....- ........ .....-, ...... .... !If..... -.- '46 .-.. .. ..... N'o"""W ,...~ -~~ , '':.<4I.'~ ~~.~ Agenda Item No. 17H April 12, 2005 Page 10 of 43 i I (\J ..j Z~ · :'J ~ u ~ j~.. . !i (þh u ~-d ~S:~ ~i ~ ::d ~ ~ ~ .;;¡ '" i t; ,! i ~ ",.:.:.~ -;; ..~1I~ 't i~' .,'0 ,~2~~(:::~~~~~~~·~~~~-;~~;~L~~-::·~ ;.~~t'··~~:M~;~~ .>/ Uo~""""1:""~# "WoIII~"'NC:Jf" ~ -.r..-.- -....__~n_..__~-_....~_...ut ~";,~~. .. ~,. c UI,,-SI( '~~:;;,..~' ~~::O<;;~V)«}"''''I ~-::-:-, ~.~ '"1 ..~.....~-... , ___..._ ......:.0...-. '..., J"3,:<rr ."", .¡¡¡:.':¡".~ ~ _l............., ÏJ ,t. -Ii "'. ;~ /~t~~ ,- ;i..,.-- " '. If'" 'r. /' ^ 1.'....-" .," f \ ,...-; ~, :, . ./ ¡'u~. fl~.t : " : .,,,. 'f; . " . ' 111!J· '. ~:[ :_f1t, ~ · ~"'''¡i " ~h " ~F~' _1';-- ,i' . ,t-, - 2 ~¡~] '"', :·f1. J f ' "s-'¡ ;'1O:1t1 . t:~) ~ è--J ! ,--.1 1 · · f *" ( I I L. I" r-- r:i L_~ ~-; I' ~', . d!; :! I__j II : ~ ¡ J t. ...-, ,I , 'I i J , , 1 'I : i : t',·u! l i - ¡ Ide:: -~ i ¡: ;:~~=: í ~ I ;:~ ~ Jtt~ ~ ! ~' ~ :¡ :. " f ~= ~~ ,~ Site Plan CU-2004-AR-6300 December 16, 2004 Page 4 of 8 5 Agenda Item No. 17H April 12, 2005 Page 11 of 43 GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map of the Growth Management Plan, with regard to the Future Land Use Map and future land use designations of the lmmokalee Area Master Plan (lAMP), is currently within the Commerce Center - Mixed Use (CCMU) District, of the Commercial Land Use Designation. The following language, ITom the Land Use Designation Description Section of the lAMP, describes the primary purpose and uses permitted within the CCMU District: "The purpose of this designation is to create a major activity center that services the entire lmmokalee Urban Designated Area and surrounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping center, governmental institutions, middle or high school, community park and other employment generating uses. Other permitted commercial uses shall include transient lodging facilities at 26 dwel1ing units per acre. The appropriate zoning districts include C-l through C-4 as identified in the Land Development Code. In considering new commercial zoning, priority shall be given to protecting existing residential uses. Residential development is permitted within the mixed-use Subdistrict at a maximum density of twelve (12) units per gross acre. Residential dwellings shall be limited to multi-family structures and less intensive units such as single-family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. The mixed-use district will be controlled via a series of performance standards that address issues of buffering, noise, signage, lighting, architectural compatibility, lot size, parking and landscaping." Relative to the subject petition, the lAMP permits certain non-commercial conditional uses within the Commercial Designation. "Churches" are one of the "mixed uses" specifically permitted within the Commercial Designation of the lAMP. The Immokalee Area Master Plan is silent as to whether a gymnasium would be allowed (with or without the existing church) within the CCMU. However, Comprehensive Planning staff notes that, along with churches, the lAMP also recognizes "open space and recreational uses" as one of the "mixed uses" specifically pennitted within the Commercial Designation of the lAMP. CONCLUSION: Based upon the above analysis, staff concludes: The gymnasium proposed for the subject site may be deemed consistent with the lAMP, based upon a showing of consistency with the above criteria. CU-2004-AR-6300 December 16. 2004 Page 5 of 8 ~-....."",--",..,".,- - , ._""';,..,"~._....__.~ Agenda Item No. 17H April 12, 2005 Page 12 of 43 The other applicable element of the GMP for which a consistency review was made is the Transportation Element. The Transportation Division has reviewed the proposed gymnasium and found that as an accessory use to the Church it will not generate additional significant trips and the existing parking will be adequate to serve the church and gymnasium. Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of rue or catastrophe. Adequate ingress and egress to the site will be provided through the existing access to the church and no additional access other than sidewalks connecting the gymnasium to the rest of the site and street is required. The applicant has conceptually shown the location of the sidewalks on their conceptual site plan, final design and engineering will be required at the SDP stage. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The gymnasium is an accessory use and is an enclosed structure and therefore will not generate any noise, glare, economic or odor effects on the neighboring properties. Parking for the gymnasium will generate some limited vehicular impacts such as headlight glare, but that will be mitigated by landscaping. 4. Compatibility with adjacent properties and other property in the district. The only abutting property that is occupied is the Baptist Church to the east, and because they are similar uses there should be no issues with regard to compatibility. In addition, the landscape plan for the church will be upgraded to address any compatibilitylbuffering issues that may arise. CU-2004-AR-6300 December 16, 2004 Page 6 of 8 Agenda Item No. 17H April 12, 2005 Page 13 of 43 EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING: The meeting was held on November 9, 2004, 6:00 P.M. at the church and approximately 50 individuals other than the applicant's agents attended. The applicants agent made a short presentation and then answered questions. No one spoke in opposition. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC), forward Petition CU- 2004-AR-6300 to the Board of Zoning Appeals (BZA), with a recommendation of approval: PREPARED BY: ROBIN D.MEYER, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR D~AUMENT~ZONINGANDLAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE CU-2004-AR-6300 December 16. 2004 Page 7 of 8 Agenda Item No. 17H April 12. 2005 Page 14 of 43 ColIier County Planning Commission: DATE RUSSELL A. BUDD, CHAIRMAN Staff report for the December 16, 2004 Collier County Planning Commission Meeting Tentatively scheduled for the January 11, 2005 Board of County Commissioners Meeting Attachments: A. B. C. Findings of Fact Conceptual Master Plan Proposed Condition CU-2004-AR-6300 December 16, 2004 Page 8 of 8 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH PACKET! Agenda Item No. 17H April 12, 2005 Page 15 of 43 - APPLICATION REQUIREMENTS #OF NOT COPIES REOUIRED REQUIRED 1. Completed Application 20* V 2. Copy of Deed(s) and list identjfying Owner(s) and all 2* ~ Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2*/ V 4. Pre-application notes/minutes 20* / 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 20* / 6. Environmental Impact Statement - (EIS) 4 v" 7. Aerial Photograph - (with habitat areas identified) 5* ~ 8. Completed Utility Provisions Statement (with required 4 ~ attachments and sketches) 9. Traffic Impact Statement - (TIS) ~Q.;e:s-r WAJVEIZ.. 7 ~ 10. Historical & Archaeological Survey o(Waivèr 4 Application e.E:'Qc..!) i:::s. \" v.FA I ve:-JZ., V 11. Copies of State and/or Federal Permits , 4 V 12. Architectural Rendering of Proposed Structure(s) 4 v 13. Application Fee = $4000 - V Comprehensive Plan Consistency Review = $300 V" Fire Code Review Fee = $150 i4 4~a.0Cl V Check shall be made payable to: - Collier County Board of Commissioners 14. Other Requirements - - , .- - - . ... Documents required for Long-Range Planning Review As the authorized agentJapplicant for this petition, I attest that all of the infonnation indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of proces . g of this petition. .U, Applicant! Agent Sign o~~o~ te -~ - -_.__.._--~ ----- ---~ 'C CU-2004-AR-6300 PROJECT #2004060030 DATE: 8/2/04 ROBIN MEYER APPLICATION FOR PUBLIC HEARING FOR CO~orTIONAL USE - 4/14/03 ( .' / .~ - Agenda Item No.1 ïH April 12, 2005 Page 16 of 43 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE . . . CU-2004-AR-6300 Date PetItIon ReceIved: _ PROJECT #2004060030 DATE: 8/2/04 Planner Assigned: ROBIN MEYER Petition No.: Commission District: ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s) ß&:..T~ Eo: L... ..1 ~S¡;;M @.L...y OF' Gir~ 0) "...1. C. c...~ ~ c 4 Applicant's Mailing Address 1 "2..Z.S VJ. ...".d,.... '5,. City IMMOj(AL;=¡;: State F '- Zip 34- I 4? Applicant's Telephone # 9.~I;';' !ø"5'L- ß~OG Fax # ~c4'~';" ~-:;"1-8~ i'2 Applicant's E-Mail Address: c.ív; td~s;j l'l(~W"oc::. ~ e..::arl-hl; .'\1(.... .,~ Name of Agent FP L1.LJ il' VEA. '5LE:'1 Finn rt="1? A..... I!... L. V'~..ð.SL¡;-Y II: .f ASSQC ~ , Agent's Mailing Address l~92.1 T.ð.2.Po...... '-"/.4.'( City 'F'T.. M 're: e.s State FL- Zip ô3~ tï Agent's Telephone #~"3 9- -54"3- 4-oe>e Fax # ~3 ~ - 54~ -Z,9 80 Agent's E-Mail Address:civ.·Ld~".:5~.:Jne.....-=;@eJit.+....(:II\.IL.n e.+ * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE-4/J4/03 Agenda Item No. 17H COLLIER COUNTY COMMUNITY DEVELOPMENT ~~~~ 1127 ;~~~ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (provide additional sheets ifnecessary) ~  Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets ifnecessary). NI A Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 ;; Agenda Item No. 17H April 12, 2005 Page 18of43 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. 130.4 eo 0 F 0 I 2..E. c:.-ro e.s b. Name, Address and Office Pr=:v. JOsue:.' ~ ..J cdN PAs-ro12... ME:.LIL.1nA '-4,.e.J.J,ð'í.iOE.L SËC.2æ.TA2..",,( .. d02..~¡:; Al..VA1e.4.[)C), T"I7 ¡::-~ >~ ~,. Au I c- 1=-rn. v I L A " ~ I? D .",~ EP;1;" Iè . ~D Sf;: , v I'  ~o..de.D 1"4 ~>d B ~ P , Percentage of Stock t-...l /.Á I c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. "-...l /  Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. t-..J( ~ Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. ~ (. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDlTIO~AL USE-4/14/03 ,.., Agenda Item No. 17H . add' . I . Ap,ril 12,.~005 f. If any contingency clause or contract tenns Involve ¡bona partIesr:>8ij81 ~Jd¡f 43 individuals or officers, if a corporation, partnership, or trust. N/4. Name and Address g. Date subject property acquired if... ()17/2VgfTenn of lease W!..Á yr./mos. If, Petitioner has option to buy, indicate date of option: Jo.J / A tenninates: u / A. , or anticipated closing date ~ / Å . , r and date option h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest fonn. 3, Detailed lee:al description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) ifrequired to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 04- Township: 4. s. Range: ~~.¡;:. Lot: Block: Subdivision: Plat Book (~t' Page #:'e..t '2.ð Property I.D.#: 4.2. C)o4 1'2.5' ooo"ê EO I¡. Metes & Bounds Description:TI-4E;. v../. y~ (:) F=' Ti-4iå. NW.J.1t c::;)F ~Eõ: J..lw. Ì'\- OF" THE. :svv. V4- 0 F ~ ¡¡ c. .0 it, T..~..., S _" IZ... -¿ ':) E...I c:.C::U...L..1 £R. c,OC,.)""õ"'1'_ F 1-02.. . r:) L\. 1..;;;: 5 C; T'W &: Þ.l.. sa F_I!E""T "'rS-f E I2..&C ¡::_ , 4 . Size of property: 3'30> ft. X Go"3 <:. ft. = Total Sq. Ft."'~ S'E:CAcres It. ï' 5. Address/e:enerallocation of subiect property: t l..'Z.. -5 W. MA 16.......1 :::,..,. _ 'M M ð "-.4. L~ E::. J FL... '3 t;. (4"2- , APPLlCA TIO~ FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 ¡ 6. Adiacent zonine: and land use: Agenda Item No. 17H April 12, 2005 Page 20 of 43 Zoning Land use N {2.. 0 .VJ'. Ol..-D ~I~~-r -OF-'WL!.'f (S. f.. .~~) W. MÂH.J ST. S ~t-.1F-~ W....wï po 12..£J ~,6ïIO"'" FI 1;:( ~ E {2..N1 F - G",. C:I-ILJe.c..J-I W~F=--(~ V'&C.ð r.J-r Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). ~/.à Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description:. -__ r7. Tvpe of Conditional Use: This application is requesting conditional use # I of thepMF_"district for (TYPE OF USE) , lcc.e;:~ C~)I~.V ~5I: - C;Y.....,U.4.:~fL.lt..J1 Present Use of the Property: <=..""u~c1-I 8 . Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staffs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 17H April 12, 2005 a. Describe how the project is consistent with the Collier County Land Developme~Cßdef 43 and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): - --- ~n·H5 IS A"-l ~><'~I¡..JC::;¡ Os'VF' "Øt;;:c s~-"1"ff'="- ~t. ~r;Þ P =-u-T" ..aUf':) FLrTr......>P;: LJS~'~ ,6. c: fie .~~ ~ 'IV I ~ .d.. ~I~L- ".... '----, AUO ¡J. P~~Po5~n c:::.,O{...,.....4~1L.1U1 .o!\ 'I::: A.to.L .&... C ~ s:.~ Sf""'Ð....... U ~~. ";:::-çq ~"ï '....9  ~c:u..... t:) t""T' lo.µ.4. L u:;e: F~12... ~ro..f F""" C~ - e . oS _'3) + ('2..G:. .J!.. .f) 0 F """~.n:: L.. D.C. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: TUf:; ~I"E: 1ooLA<III: Au c::'~.s-rc...,~ e&''-Ut.v;: ~~~ Â""T' --n:..a HEC.oe."'¡6~L~ DeIVE.-CX>N:T..,.,~e:S_4~~,(~¡;;: S\'T&: . I .-pu."C; RðCIL. ¿,.~l"" 4""T "t'He: 'fIE. c..o~12.. _ "T'Io.I&L POr-.A-.~þ .sT£.UC."TV~e. WtL.L. BE. ~Te4'C::¡H"T B4CK..-·ö::::LTH6iL~¡¡'_<::s::Þ~-Yæ.e.. ~ ¡:;;:){I'5'TU.tÇ P~~LlIUC::; . 'S ..4L06.L' '9o"'r"'" ~'D~S Q'F=" TUIÕš. þ~ lV~. A, I rI-/t:::... PAP V i~~ i5...Ål2.J4CEl-l.":'T 'T""O ~I' ~JLl.c;,~. :~UO~.ð.l. 1£ ~ .AD~ pr:J~VtOE!:O 4-~C-1I~~ A,.'-L-~UU_Dlj.¿c:;¡._cs...__~___ c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: T"U¡::::p¡::::- '\,N'LLL ~ \.,1~ ÂDVJ:'"P ~R' ,..nPA.~ 0.... ....--'-[tI~Io.tc;. f>0~-rl~ 8'1 ~1':5 Co...Jn~"'-_~~ . 1"1-I-,:c; I c:; .u...J I U t')~ 1=45. c.. L.., ~ Qf<LL. '(.. ~.t::. NS: C;¡~ ~ ,..¡ ~ ~'f'~-rIE"S AD;;;' ~,) 2.·~.».I_jWsS'W.4~~A' ~I""';)(&.:~ "'&..IUrr~ I (w.) VAC.~fo,,(T Ac;;;,c;... d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: TNG ~ITt; ~ I:;. A c:.'-'Or n..I __/ ÂI::-CG'~~e.."f ~~ . ÁDd.ArA.I.,.. ?f't"""':>~~-q~'" AP;:: .ðS Sï4-rI;;;:D '1io.I ,"""~NI (c.:') f\i'ðVe.... e" Please provide any additional information which you may feel is relevant to this request. "'0 .6..DDI"T Ct-oI..d....L P'.4.eJc:..It""u:; t$ Z-t="9~1 f!-.I-:::-þ. ~I~I"'" <; .:5PA<::SS-WIL.L.-66" Pi-!<&:::r:e..teeJ>-rt::n2.. HIe.. ~L EÞ:>~e.b '- ~. .,.-u¡;: $l,ï;;: IS F'Ul. I ~ I-Å~l:)$C'AP~ð p,c:-~ 1'97 c:.ow Þ&T. (J'!>æ,_ ~9-AP.DJT.. '-AN o'Sc,..(,P& IS të=.E<:¥b-S....-e; , s F~L..&...."'( Il!.«-j<õi4.,.e;o~ ~=~ ~';:-5.ï V4LI~~ FI2..ct.d L .oil Iootn :S<:.4PI":¡~ T ..'...'5 ~ J ~ _L_ ~_ A.~p H-n.lo£",c/Ae.c:.H. SïLTE.~EÞoJT (I.e.. ~&\o¡(Iiii:E.).. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -4/J4/03 --~~..~~ Agenda Item No. 17H April 12, 2005 Page 22 of 43 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. N/à 10. Previous land use petitions on tbe subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? i..1 0 11. Additional Submittal reauirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. ~. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8W' xII" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; 4' all existing and proposed structures and the dimensions thereof, ..... provisions for existing andJorproposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), ...( all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], /. '.. locations of solid waste (refuse) containers and service function areas, . - -..~ required yards, open space and preserve areas, .....¿ proposed locations for utilities (as well as location of existing utility services to the site ), ,.. proposed and/or existing landscaping and buffering as may be required by the County, e.e::que:S\' 'N4J"'~e:. FI'!:-Otvf UP~eADt::: e.~t...)Ie..e:rw1eJ·..,.r -G location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); / ...c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). eEq\..>EE:s.ï W.6..IVE:e- ~ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 t· / Agenda Item No. 17H ~ . . d ¡Y. f . 1 h Apç~112, 2005 ------(. d.l Whether or not an EIS IS require , two copies 0 a recent aena p otograph',3~lIbf 43 within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Fonns Classification System. t.~AE£..ÃLS /. Statement of utility provisions (with all required attachments and sketches); 11'4 WI 0 ~L...e e: s e¡; v.I ¡;¡,c. ~ \/VA -r -.e.. c(..) e.e.=..... "T L 'f SE:e.VU,J<ii¡ S J TE. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; £..æ:qc...lëæ:s-,- ~A \VER:. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); t.e:"9<.".)e:-s-r ,^,Â'VIiE~ /f. ~. h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal pennits. Be advised tbat Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove tbeir public bearing sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on tbis item, please remove all public bearing advertising sign(s) immediately. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 t". FEB-2~-04 11:04 AM UEAS~EY&ASSOC. 239:5432980 P.02 Agenda Item No. 17H April 12, 2005 Page 24 of 43 (i) AFFIDA J/1T We/I, ~v I.O~ I!.J....~ P..oil~~t. being first du~¡; sworn, depose and say that wall amlar-e the OK'ners of thl! property described herein and which is the subject matter of the proposed hearing; that a/J the answers 10 the questions in this application, including the disclosure of ¡merest information. all sketches, data, and other supplementary matter attached to and made a parr of (hi:; apphcaIion, are honest and true to the best of our knowledge and belief Well understand that the iriformation requested on this applicalion must be complete and accurate and thaI the content of this form, whether computer generated or County printed shall not be alJered, Public hearings wilJ not be advertised until this application is deemed complete. and all required information has been submitted, As properly owner Well further authorize ,::-. ALl ~ L _ V ã.4~L"V JI. as our/my representati\.'e in any mailers regarding this Petition. I to act x ~~, Slgnatrire of Property Owner P~\f_ .JoC::O¡:: ~ uC"c~u'''¡J P.d~~ Typed or Printed Name of Owner K~ Ñ9A ~(lNf\N9-e-Z. ~~RtíML'1 Typed or Printed Name of Owner \, State of Florida Cuut/fyof Collier ~, ULIANo\ FI.DRE8 ;..:¡).... MY COMMISSION' DO 272381 ~ . EXPIRES: JIIIuIIy 13, 2006 "J;f., _1!IvNalllyNlllc~ @grráwre of Notary Public - Slate of FIDrl' z f ~ Cf(,vy -<-~ (Print, T)pe, Qr Stamp Commissioned Namr: of N()/ury Public) APPUC ATION FOR P(; IIC HEARINC FOR CONOmONAL USE - 4'14103 -h·:·· .. ^. -~: ..... . ....~ .' ,.-.." ~ ·~..~..,..jOli·-1 ~i~. . ..,.;.', .Þfr-~.;1r ". " . ~~..·2~.-.....·:;. ;::. ;.'..~i·..."1}. I -·"'·';::-'·:~:-I ~ ". ¡.'. ........ .... .,~~..\ . ~. . :....~~~ .. --.. t ,..- - .~ . ~'o)~""_i";:-.·· -·'··Ãl¥c1~. 1/#?IC'J39. M~ 1, . ~ - -.IoIICO...... .. 22nc1 4-,eI Dtctlo&llr AD.'-" .. ilð¡'" 1'\... ..", -.... ---.-- It£C . ,.. .' 1ØInu!J lad toW. .,.. ~ I'~ :.w~~!.r:'~ "'- . lethe! As..., fit Ioct Inc. · ---.... ....... ...... ~ .... ., "" ...... Florldl ......... '.0. loiii S2S 1-*.1... florid. 33Ðt __,.¡.. .øJ 1M ....... =- = =-=-~ ¡¡¡¡¡¡¡¡¡-.-:.:=::f"..W: · ~ "= :.:'..-=.=f , .... 6:. ,... A>... . II ,."..". . - .. S _...~ ""-'... ........,.. .. .. -........ eI ... _ eI . 10.00 ... ..... ....... .... III" TI-................, It .....,." ed_f.'" r { ....., ..... ........... .... ..... III- po.... ..1-. ~. ."J ft>#f/_ "".. ,I.. _,.,. .f¡ ,IY. .-... r...J .._ Ita Collier C -1Jt. FIenJ.. .... en N Iia I The West" of the Ncrt~st , 0' tn. H~I"tI1"'s~ . cor tl'e Sovt~øeS\ '. len the fOrth 30 'eet. $ltctlon I, Townsl'lI ) 47 SouU'L"~' ~ £«~"':fol1 It" Count,. Florida. ro ,~-" OfIGi~t. this Is Vacant la~. I ~, . I "'~If l 9 1!'\t~ l':. H:n-~'::r'(.~~."J~ "rvper~" cPt \D § <= c::> - u - 0:: ,oJ .:ï ~ e . i ~ - - ~ .å ;¡ ê,.:',,;; oJ i .... ::t i f ' '; . .~) Sl;6JECT TO - ues 'c" ~"e yell' 1987 dr.! :¡uÞ~eQ\, ('nt ~U"s. ~~l'Cltlor.~. r("~rlctl"n. and 11'"It.tI·~ns t.:<:t't"P.~ .¡p, t'dSt"lf'nt.s I~ ~:;'If'J" "~:"Ir; ~.~ >..~: I: ~e~J."'~:' =1 :.:: :~"r CC.·~~·f. ,": -.f':~". .,IJr:c : :..('·::~·~..:'!s ...~:;.:;·J;-~II. ;~ ~"'.r.. , . t.~ WI...II ,A.. '..........."h. ;....,/.......,..,1 ....tl '...W"'........,.M".., 11..-... 1..1.. "8'"'' ." ... ...... ..... ........"f~ T ø HaUl a 'Id t. Høld, ,I" .._ .ft '.. .. ..... 1....,_ RId ..... .,...,.,.. 4......... I..""'...." "'t'~ ..11I ,'....,.. . .f ''''. .."".... .. 1....1..11., ....., ., ....J r...J ¡II ,,.. h"',...L" I'..' ,..~ I-.r ,- ..", ,004 ""it, ...../ '....·....1 .a.~... . :0..11.... r"....·.,. ..1.1 .."rI. ,..... .s.. .....,... ¡,...¿, l..u. -..... ,¡,. ",t. I" ...oj 1.,".1 . J ..'.;¡ '.1. oJ :~. ...... ..,....... ,I.. 1....1..' rl...... .,1 eJl _ """'_, ..,¡ I~.' -.110...1 10 I... 0' .11 __,,_... ........ I.... ............. ..J..~, '" D......./.... SI. ,.88. ltfo~r'lI'fd S -% -'. j(J- ~umt'n! I'" Sr,""ø Ton R«.....ed S ---'~ CI..~, . r.: .." ,....~'f'! ~__J"'. ..... ...~:·II'; r" '-·CR CCUNTY CLC!W\ or cc..," :. In ttiitntSs tt1h~:ø(. ,~--4;'. ò,,~~.. ..~:_,~~,~. ~.. ...:" .,~.I ..." '0." .;~.t'" l1li", ,.~ e,-£~.JI£kt Richard H. Ao~rt~. Trust" .. I "1¡tEar en.Tln- ..... .. I... J", wI.. _. ... .... .. .......... I. .. k.t... *'....."" eNl tilt .... c..-,.,. iJ.....4 .. ItIoW ..'....ltlll'''''''..t.. ~..J., ...,...,.., liCh..J H. Roòert~. Tru~tte · .., .,-~ ~ rr. ..... ;........... ·.'...of ~ '"'Ii .'., ...... .u-: .",. ~ '., ~( ~"r.-.."." " ...·0· '4:' .,,- '_.:~ . \ .' ...- .....',. ..' ......... . / t¥ij, 9 - .: :~ .~..:';. . t..... ....... l ' ... .' '. . t L' c., i'G;,)--!'''''''"J /., ~... ....... 5C~:I~t·I." ....-.. ... - 1 . J . : .t". ~. t ",:, '.-- - . ~. >-- ~~.4.t. . . ,¡'-" ur)' P:lOL.,¡;..' ~)' C~· ~s;:n EJ~lres: , . ...."'<...J .". ,~ ,., "'1 .. ,..' -' ~'" . "oA ...~'woÞ···" .'''-~..~ .,.. .,.... . '"\.!': ", 3~'1' w~ -I ....., . AL! ,i~}';'J.- j':;) ~!c::> :.. . .......' c;, , . - "'I;:; , CD .. Poet·it' Fax Note To : Ca./D8 )l. Phone . , Filii /II 6-1e-o~; 9:oeAM¡~ ønnln~ Servlce~ ; 61..1 6595705 :if 1/ Agenda Item No. 17H April 12, 2005 Page 26 of 43 FIIICII CONDITIONAL USE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: \"L-"-b':l. Time: ,-! Ç" Planner: ~'c'-... \.... ~ L _ Project Name: ~-~'- ~~~\o.~ ~ c.~ð.. -s:.~ , ' Project AddrlLocation: \~ ~ ~t'o..\.......-~~.. ..c"J2...':I.r- ~~t"\\l.....\.fi.<- . AppUcant Name: ~"'"-_...... ,\~ ~.;..,...... \ , Pbone: ~-~~f\~C\ c...c..(..\.~ F1rm: Type of Petition: Current ZOJÙDg: ~ ~ v - ~ L~ Owner Name: Owner Address: Phone: Meeting Attendees: ~> c~., \.. ~ ~~c.-- A , 4.r\ £1-Urf:J.: Mtl'1=~~ ~,~¿,E;l--- S7?IHy tNfil7',fJNOOJ.SJ::/ ~ ÂN It... r...... Vr=- A ~ J::....¡.:::II:' b.1o~ 1l. ~S=r2M~1 P.~. ~- J .... r..... \ ~.....~~~'-l""'" \ - q~-066 .¡. q /-~~"7 It !2.-:;" ft 1&0 g ~..Þfi'ITAL REQUIREl\Œ~"S: [3' , 20 copies of Application, completed ~ One (1) Adàressing ChecJclist signed by Addressing Dept W" 20 copies of Pre-application meeting notes ~/20 copies of Conceptual Site Plan 24" X 36" plus (one 8 y~ X 11 copy) L=:r _ Two (2) Copies ofDeed(s) g.r- Completed Owner/Agent Affidavits, Notarized or-- t Four (4) Environmental Impact Statement (EIS), or waiver. ~~W'\..Þ-Kðl'1.. k~.s. Five (5) Aerial Photographs (taken within the previous 12 months) rorc-r Statement of utility provisions (with all required attachments & sketches) ¡",ø,re... ~1Q. ,..~utJ<. t:;Z'> 7 tO~ 1 ~ <' I S-1G-04; 9:09~M¡~lðnnln~ Services I""" 6¡¡¡¡¡670¡¡ ;;. 2/ Õ .;. Agenda Item No. 17H April 12, 2005 Page 27 of 43 . o Seven (7) Traffic Impact Statement (TIS), or waivq IJ /A o Four (4) Historical and Archeological Survey, or W8ÍVI:f o Copies of StAte and/or Federal Permita g / Four (4) Architectural Rendering of Proposed Structw'e(s) L\/ Pre-application Fee $500.00 (to be credited toward application fee ifappIìcation filed within 9 months of meeting) r::Y' ... Fees: $4,000.00* i:j '~ $150.00 G}' . $300.00 o ? $1,600.00 Application Fee Fire Code Review' Comprehmsive Planning Consistency Review EIS Revi~. if required *$1500.00 if filed in COIÚunction with a rezone petition OTHER REQUIREMeNTS: o o o o NOTES: .... IJL.I~/h.t1Q(1 r..Út ~t'~ ~UJ;t' rl /:'1' (' ¿) (!ðÞ11."JHe:tfTJA) ð£ ~~~..¡... ~fl.I''''';f AM ð~Ih.L-ei'1.1 #')m~f'H ~ r. I' I '> £6 tù.~( rl!fW ~ ¿7.!; {' N?h~-I- /t/d.Ñ ¿ I ~ (J"f'1! 1M ffâ/ltrnkt.hIJAJ It=- c¡::::;, - Z~::!::ll:~ =¡a::;cr O~k~Vðl¡,ed - 1.10 tt.çfN'! .w J::()I.rt-&r CiIt- /1(l'ý I r' Agent/OWner s,snatu4 v/ fiLji7F- Dam: / 7/~~ 2 --. ------...-.---- .".",-,..",-,,~.- It.rJ0J 1"-0""" .,-0_ .N 0 o -0:) Z~N ~'E§¡ CJ D.. ro ':::<IÌ. ro u c CJ OJ < .. /£ .. .. 90LseS9 ¡'1r€l! Ç~~I^~~5 ðU UU8'd!~~e¢:e !~C-9~-9 4" '1 J. .~ '1 >1.4 ~ ,. 6-'S-04; 9;09AM.~ ann ng Se~vt~eS ;$141 eS9S7G6 . . . Property Information Report CDPR1002 - Property Information Report Agenda Item No. 17H Aprí112,2005 Page 29 of 43 -" FOI..IO NBR OOOOOOO¡2756100B P.uENT PARCEL PHYSICAL STRBET LOCATION 0000000123920009 1225 WEST MAIN ST . ~MMOKALEE BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 125 .000 29 47 04 472904 125.0002EO USE CODE CLASS CODE MILL AREA TOTAL ACSC 70 0 5 4.77 HDR REF FLAG SHORT LEGAL 4 47 29 Wl/2 OF NWl/4 OF NWl/4 OF SW1/4, LESS N 3DFT OR 1317 I?G 2128 XTRA LGL CNT o OWNER NAME BETHEL ASSEMBLY DF GOD, INC Œ'mER ADDRESS 1225 W MAIN ST IMMOKALEB, FLC005% 341423641 PREVIOUS OWNER FL~ LEGAL DESCRI~ION 4 47 29 Wl/2 OF NWl/4 OF NWl/4 OF SW1/4. LESS N 30FT OR 1317 PG 2128 ~~"''h~ ~~ Collier County CD-Plus for Windows 95/98/NT Printed on 12/5/2003 1:05:34PM page 1 of 1 6-16-04; 9:0eAMi~j~~~jng Servlcee ,841 6595705 It/. 6/ (3 I I , , I I !I' i I,j I i Ii: I III L ~ I ä ~ : I h7 Z If ~ 11'1 ; TLDM ¡:::O'<t .,-0...... .N 0 Q, '0 z~(") E'"E~ 2 0.. ro -«Q.. ro v c o CJ") « ."", I .~ b,..;: 1.1 LL .LLU-I.J.LU.i.IJ .I.LU.I.LLi.!,!.. I ' .~ ~." 0:: . - i: ITrrna~~r ·:n :¡:nfíl"I"I"I',' "'W"""IiN \ I ,C::i : ., .. - LL,~ .i~ . - .1.LLlJJ1UJ.. '::::; - "~I· , , ""11' Iii \ " . TIT~l·1111 ", ,..L Nf i.. . ..I. ~ ! r-:- "'''-''''''.. ~ .~. I~tj. ~ ~ ¡ i----"..," - ---,,, . . " .' I~ ' ! i R I ' : :.': !61" .: ~ "I" !'.:. ... µ : 1.:...: J.odQ I ~ ., : ¡- ~ ¡.: I .J"'~t.O~~ I~ "''''',",,,,, t.:: ~._,... ::J~/., I .. - I ! / i , i =:: _ .i~ :1 = . "; ~ '6' I: --=- : .. . . II! : ~ ~,/ '1';'_ ... U l.3J1US !Alii: I:~. ~ Iõ /" ~I .,. ~os U»1S 'ttt; ./': ~ _...--- --= . 't. /', ~ ",........ '" ,o~.- I ~..,..,.. ~ / !.:a; ~I.I.I.' .1011'.:1,1.1.1 ./" ~¡¡ I ~::... = ~ / ~- ì" -F;lTI- ï~.f I " ~"QIi .I.~ 11\,," --;, /. ~I. .1. .1. . ..f~ .1.1 'ØI~If\L' i =-!"".~u;~ ··I.1 I ~.W l II" "" ,." , . ¡',-- . I .1.1.. 1.1.1.1, I ï"1",f·~" TI"¡"I' I ~'~~~ I· ~'__.i--- [,. .. .. ,~ l "05 1JDJ.i ¡PI ¡;¡-, :Ii i ,: h-- I , '. If,' I I -~, -lï"I·I-I·'·,1' a.DI.L5'" f I 3... : ~HI~· ~. . .! Rn. ".-. 'I'· o - - . . . " a I: i · i d ~øi II t Ii ~ ø ~ r; . ; ¡ I dl 5 I , di ~; ~ ! J I Ë ~ .' J' ", o:..-S: _,J r. - ~ I I i , , I ..-u ......-. ......, ~ I _"';'-:::;'~,:::::'../f ! r--'. , ~ I ¡ i I I ! i ~ N' I : . I , I \ \ . , , , . , , , \ ~ , I \ \,1 \. '\.. .............-....¡ I , , .' . I I \ . \ \ '\. ....~ \ y.... \.\. /" ... ""''/.'' /' ..."........-... , I- -'-. , -...... / /" 7.' 12 . ..... I,... / ---'-. ,,' '-'--.... \ ¡ \ I rID i I I I __::...:_.:.:t ~:::¡ :1: It~",,~..~t )~¡~ ~ , ~.~7' .;.:'-';:;": ::::~:. rrJ '1,~':~~:flf ~~ ::::: ::f;~ ::1 ..- ~""_""'I"" IU.... tl..~.1/:::." -:;:t~ :~ I".........K~. ~·'It _'<1 """,...eo _'-II'l í r.:IM~, ~~1:~ ~.;: :~ L I:Q-o"." n-W-1\ ;,"'·r~-.' r:! r~ 'U) -~~:~~~~1ê]f!i I ~-;»liI""""""~(ii/"'¡.1 "I~ ~;~~-: "hVI t r _"''''w, "I i·~ J~~ .;~:: -:: ~ I I .It-a ....-tt-I a,'g:.'¡" ¡ m~_ -~.~-~- I ~w I '" ;;: - ~ -' L I o >- ~ ~ ~ - 3i~ !C 5 I..i'" ~ ~ ~ ~ i I ~ I i' ........."". ~ 5 lit ;.'~I·IF ~ ~ I , .........-; , I ' - I I!'I- II I' ~~II ~¡s i I uulll! ' I r -········.1 I , I . 1 :r ! I , , """"" '" " \ \ , . . \ , Ó , . \ \ , . I " , í i , , f i ./ \. I ... I ¡ \ I 10) a: I." I I~ " i \"" --, " 8 I I <;; ..,1 "I" " . " "I' . . . , I I ,.. ,,- II ; I, ! . :s .1 It 'f t; i' ,, *:!l1 b . :¡¡¡~ . ~ 1£ . I~ t ~ I I I ~ i .~ , -. . ,. "'It 6-'6-04; 9;C9AM;PI~nning Servlce~ iGl41 66eS705 .. 4..... S . AgendaÄ~~~~ {~~ Page 31 of 43 ì,- ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will anplv to every project. Items in bold t¡.-pe are reQuired. 1, Legal description of subject property or properties (copy of lengthy description may be attached) -n4¡;:" '\AJM tit ~.... ~ 1-..1......, V, Co fC" ~ "-I""'" ~ n... ',.,u'=' s__ v4. ~;;:"!II.c 'ftoL&;'" W. _ ~~t r 1# f/I , _ OF S E"C . 4 -ns.v p 4.-..,. '5 I2.Nc; ~, C" C"""t'"\., ,,:;:..p c. CL.II.J..,....., FLC ~. 0.4. . 2. FoUo (property ID) number~) of above (attach to, or associate with, leg;¿description ifmore than one) 4."1 'L ~O 4. t 2..::; c::::IO £:)?;;:- (:) 4. 3. Street address or addresses (as applicable, if already assigned) 'c:.z.~ \AI. rV¡L\ 11...\ S'I I N']NfCIIJf. II:";:::" pi ~4 4.' , , 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) . 6. Proposed project name (if applicable) ~ ~t:.YJ <:;'(Mt'J¿5(L )t<[ P=O e.. B¡::-r¡.."u:- á~-=;'t=;~ ~l 'I ~~c:;~ Q,I/...LC::_- [l..lr'lDr1..{ 7. Proposed Street names (if applicable) ~/.& 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) ~~. 'SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIPA (SIP Amendment) o SNR (Street Name Change) o ~etationlExotic (Veg. Remo . [YÆ,and Use Petition (Varianc Conditional Use, Boat Dock Ext., Rezone, PUD o Other - Describe: 10. Project or development names proposed for, or already ~e. aring m. condominium documents (if applicable; indicate whether proposed or existing) '-.) Ii, Please Check One: 0 Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name~LL VJ::)I'!.SLr:::--i Phone2..3Ç-~.~-~8<.Fu~S4!.-Z.~80 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number ~G 7lç. Address Number Address Number Address Number o PPL (plans & Plat Review) o PSP (preliminary Subdivision Plat) o FP (Final Plat) o LLA (Lot Line Adjustment) o BL (B1asêng Permit) o ROW (Right-of-Way Pemrlt) o EXP (Excavation Permit) o VRSFP (Yeg. Removal & Site Fill Permit) APproved~$Date l~-G:J+-03 Revised 3-21-01 Agenda Item No. 17H April 12, 2005 Page 32 of 43 . STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST 1. NAME OF APPLICANT:!3iã.ï~=L.. A,SSiãMBI.-"f C:>F~OD, 'He, 2. MAILING ADDRESS: I'Z.Z5 \IV.. M4.&1o.I s-r.. CITY \...r M 0 ÞC.4 L'I:;:: ZIP ~ 4- I 4-~ 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): S~b 4. LEGAL DESCRIPTION: Section: 04- Township: l.t-l 5.. Range: -¿ ~ a _ Lot: Block: Subdivision: Plat Book 13 " Page #:'G.i'B Property I.D.#: 472~o4- t"2.5 ~'2.~o4- Metes & Bounds Description: w. y~ c:> F N \N}fa <:) F' f'-J.\oV}<, C>I= ~\AJ >r4- ð~ 5~C o(¡- T. Lf.-r :'5_) fZ..-'z-<:J ~ _ c:.OLt IF:ð co. , ::::ss N.~ðF=""T.. , , , 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM ~ PROVIDE NAME 1~~a!.A. ¡:¡::- 3ï;wS]? f wÁ~¡:: d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME iMklÖIulU,Lh s~'ðl'¡;-I? ~ \NA~ d. PRIVATE SYSTEM (WELL) o o ¡:g.- O APPLICA nON FOR PUBLIC HEARING FOR CONOrTIO!\'AL USE - 4/1 4/03 7. TOTAL POPULATION TO BE SERVED: (CC ·PE:.OPL1;! Agenda Item No. 17H April 12, 2005 Page 33 of 43 . 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK-1ÁCß~~ AVERAGE DAILY 4-o0c;;PD B. SEWER-PEAK~_~ AVERAGE DAILY 4-oo~P["'c) 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N / A , . 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided ITom tests prepared and certified by a professional engineer. co.......... G:cï T"'O E')(, "&-r. GrtZÃv~,,"i SS::'oWISre. sæ:JZ.V'tce:. "TO ~ MMor....t s:~ ~--~=~ 4t ~-rE1!... - 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, vvritten notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer ~yst~ms. .1::J / ¿ . . - 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services ITom any provider other than- the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. s-è:t:::' A --r-ï.ð..c. ~6. D s-r A--r!:"t-1 E.'-1-r Fe-OM L N( M 0 I:::.A L- ¡;;;;¡:. $ 2y.¿ G:£.. ÄN. D \IV 4-re::-e . Utility Provision Statement R.JM 10/17/97 APPLlCA TION FOR PUBLIC HEARING FOR CONDITIONAL 1.1SE - 4/14/03 07/22/2664 13:27 239ó5a3ó34 Ir+10KAI...£E WATER f-'Ar:i:: In . Aqenda Item No. 17H ImmolWcc w~ ~~~~5 1020~~Ø,3 hnmokalce, Florida 34142 (239) 658·3630 FAX (239) 65&.31534 DATE: 1uly 20, 2004 COLLIER COUNTY OFFICE OF GR.OWTH MA~AGEMENT 2800 N HORSESHOE DRIVE NAPLES Ft. 33942 TO BE COMPLETED BY L ï1LI'IY PROVIDER. o1her tlw1 Collier C;:)wny UtilÎ1ic9 Ladie$ and Ge\'1.tlerrten: This letter is ~ficatioD. that Immokalee w!\~_s..~ nilllrict, 1 020 Sani~ÛOI1 Road. Irl'lft'lnbJee. FL 34142 ha., the fu11owiog remaining plant capacities and hereby aIIoca1CJ tŒ fo1lowinB capaciti~ to the property a~ ov.'t1CT(s) of record nored below: Wastewer Trell%menl Plaat Potab]t Water ~J;W~ A RemaiDin¡ \InOOtmDÌttcd. capltCity ~61 MGD 1.3 MGD S. Availability of capaci.ty AVAILABLE AVAILABLE c. Service Availë.bi1ity AVAILABLE A V AILAB:'E LCi4l dcsaiption of the: property 1225 West Main Street IMMOXALEE FLORIDA. COLLIER. COUNTY Dwel1iDg~ I..!r¡i~a.ots Ccn:m=i~ Sa.Ft. Number of uniu: Add Gym N/A Own~s) QfRecoro: Bethel A$SlmIbly ofOod ,~"!,~ :.~,,~;;fj;;;~€~~:~ · . . . . . . . . . . . . . · · . · · · · . · TRAFFIC IMPACT STATEMENT (TIS): Agenda Item No. 17H April 12, 2005 Page 35 of 43 . A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as detennined at the pre-application meeting. Please note the following with regard to TIS submittals: íi!...¿:<:?uŒ oS..,.. \N I ve:12.. .. MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or dece11anes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. BackgroW1d Traffic 3. Future Traffic 4. Through Traffic 5. PlannedIProposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development APPLJCATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 I .. ,_.__.~-~-----"""".~._^ .....- .. Agenda Item No. 17H April 12, 2005 Page 36 of 43 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. 2. Trip Assi2:nment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existin2: Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a} an area as set forth below; or, b} the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DR! Other (commercial, industrial, institutional, etc.) 0- 49,999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199,999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. ~ Intersection Analvsis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). APPLICATION FOR PUBLIC HEARING FOR CONDITIO-;AL USE - 4114/03 7. Agenda Item No. 17H . A'priI12. 2005 Backszround Traffic: The effects of prevIOusly approved but undeveloped oIþß~~llif 43 developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This infonnation shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. . 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throue:h Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadwav Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasine:: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVBIRJM 10/17/97 APPLJCA nON FOR PUBLIC HEARING FOR CONDITIOI'>'AL USE - 4114/03 "--.-.-..---- Agenda Item No. 17H April 12, 2005 Page 38 of 43 RESOLUTION NO. 05- A RESOLUTION SUPERSEDING RESOLUTION 96-373 AND PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CHURCH GYMNASIUM IN THE RMF-6 WNING DISTRICT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 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. 2004-41) 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 Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a church gymnasium conditional use pursuant to Table 2 of Subsection 2.04.03 of the Collier County Land Development Code located in an RMF-6. Zoning District on the property hereinafter described, and the Collier County Planning Commission 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 IO.08.00.D of the Land Development Code; and WHEREAS, this Resolution supersedes Resolution 96-373 previously granting conditional use approval; 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 COI.LIER COUNTY, FLORIDA that: The petition filed by Frank Veasley of Frank L Veasley. II and Associates, representing Bethel Assembly of God, mc., with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein Page 1 of2 Agenda Item No. 17H April 12. 2005 Page 39 of 43 be and the same is hereby approved for a church gymnasium conditional use pursuant to Subsection 10.08.00.D. of the Collier County Land Development Code in the RMF-6 Zoning District in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and inc01porated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN A TIEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CU·2004-AR-6300lRM!.sp Page 2 of2 --- -- --...- Agenda Item No. 17H April 12, 2005 Page 40 of 43 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6300 The following facts are found: 1. Table 2 of Subsection 2.04.03 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 proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No 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 Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: CU-2004-AR-6300 EXHIBIT A Agenda Item No. 17H April 12, 2005 Page 41 of 43 Legal Description Bethel Assembly of God, Inc. Church The West ~ of the Northwest Y4 of the Southwest 1;4, less the North 30 feet, Section 4, Township 47 South, Range 29 East, Collier County, Florida. Exhibit "B" -------,-,-~,.."- '---' ." IlDC") I'-0'<t" ,,-0_ ,N 0 O~TN Z~'<t" E= Q) WI-OJ --' 0... ro -«0... ro ü c a; OJ <C -~---- t r-J I!!. ~: ;iJi æ.::~u 2' \l;0>I"~.. o Ž ~....... ~1"'~;E~3 c _ <=" ;¡U<;¡ 5 1!!.~iS:;;~ ~ ~:~:.: ~ "~¡:¡5N <'I~"'::¡¡~ ~ ~~ þj~ :5E!;; =~ . . o ~c ~ ~ --.. ... (II ..___....tI_ ... ...-. .......... _J .. --s '''-'' -.., ... ....u.~ Ø'Y'ID '.:.0 .. ~ ... ... -.... ." ~ .,¡ .II : i . !I = ~ f ..j ~ QNOUD ()O~ I"InfSYNi"lAC MEN I :J U ~N')IS3a ,~¡~ S:3.1'(t[::1JSS~ PU'D II . A31$'lt3^ "' )fN.~.:l :I.a~"'~~J -.... Y d 'NVrIIBS808 1:1 HHOI' --- ...~.."...,....·11.....'" _"laÞC'2II__ .IIIIt-.alll' ~ ".. a... ~ ... NOL1:JJS' æNHro 'M"5 ~ ú,."""^-3Sn) (t-'H"-øNQZ) DltiLSla <!3M3S 'i' ! 31. '1M 331"'>!OI'H~1 :'>. "'"""'''''''''''''''''' JþJ ,t"'L . MJ.I'CS .n . 0tKI0 J:»Q:t~ "'-." ............~.......wuUliU 1""0 1'1 .[£. ".68 S "'" _ '" .... .... I .... .. .... H3A3:W NIOOH J>O/z:J8 :3.LVa O£O090J>OOl# .L:J:UOHd ... OO£9-HV -J>OOl- fl:J .... .... i .. .- I :öœ .?;: I "'w g I ~ ¡:::w i'" I ~:i ~ .'"' I ¡ ~'" I '"' CDi§ ) w ~ .-:;:¡ i 2 I ",::f i~ I , / I ~ a::- ...--...... Ii 3= G:~ i 0 .. .'" a:: , Jc ~ f· ... '" .. I~ I; CD I wI ~ Q 'S Wu ~" '\' .-'" §" "'::> ~ U >- 0 =>I -'" U ! g:u ! ! '" W a. ~ ç:¡ ~ Z . w I e L:I i w ~ ....J ~ ~ ~ ....J .90'tr . NOIL\I^~':¡ l i NlL " 'I'W'N al~ OJ ! ~ ! 0 ON ) ~'t~ H~N38 ÇQ ä ~ 6 z >- (/) ~ ! " eJlr ~ -' ,/~"'cwlØ~"""i.u..s.~." J -i'~ .,.~.~-: M~ J.H3rr3t\¥d~ '" . _ .1,.:iI 1f":)04.JDUVS.t'O ~ .:.- ':==-':-~~~f-~--"':~- ~-~."'... SO" ""'... ............------....¿---- ------=..:~-~ I HU..''''N~~Ha.:l '/ ~'I'JS3M .gg',~ . NCu.VA31J ~" .......~ : NLL ~ ..,....N aIL w ......1JtI'ra .wo I ON )u:s'lfn ¡.(:;:IN38 I I EXHIBIT "C" Agenda Item No. 17H April 12, 2005 Page 43 of 43 CONDITION OF APPROVAL 1. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this conditional use. Expansion of he uses identified and approve within this conditional use application, or major changes to the site plan submitted as part of he 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 Section 10.02.03.B.3. of the Collier County Land Development Code. EXHIBIT D