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Backup Documents 04/26/2005 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING APRIL 26, 2005 Harvest Shopping 3.0 COLLIER COUNTY Offer: PUBLIC NOTICE Collier County Government Agenda Notice COLLIER COUNTY . Residents interested in reviewing the agenda for the Board of County Commissioners meeting scheduled for Tuesday, April 26, 2005 can review the full document on Channel 11 on ComCast and Marco Island Cable and Channel 16 on Time Warner beginning on Friday, April 22, Saturday, April 23, Sunday, April 24, and Monday, April 25 at 9 am and 10 pm . The agenda is also available for perusing on the Internet at the Collier County government web site: co. co II ier. fl. us/bee/agenda. htm . For those who do not have access to Channel 11 /16 or the Internet, the agenda will be available for review at the Immokalee and Everglades City libraries, which receive copies on the Monday preceding each meeting. Other public libraries throughout the county make the agenda available to residents as well. . For additional information, call Collier County Communication and Customer Relations at 774-8999. No.99236425 April 24, 2005 WJ.U.lCjSQIJU euallCj"~.Q11CI; Page 1 of 1 http://standard.newspaperads.com/scripps _naples/rap _ ad.asp?subcatid=8229&parent=Publ... 4/25/2005 COllier. County (i).... ....... Government " Agenda Notice 't."..,' . Residents interested III rcvi>ew'ing the agenda 'or the Board 01 County commissioners meeting sct1eduled lor Tuesda.y, Apt,1 .26, 2005 can lIiew the full documenl on Channel 11 on CCmCast and Marco Island Cable and Channel 16 on Time Warner beginning on Friday. Apnl 22. Saturday, April 23. Sunday. Apnl 24. and Monday. Apnl 25 at 9 a.m. 5 p.m. and 10 p.m . The agenda IS also avaIlable l(rf perusmg 0(1 the Internet at the CO-Iller County government web =rllte: co >comer 11.1ISlbcclager\daJ1lrn . For those who do not have access to Channel 11/1 6 or the IntemaL the agenda will be <lvallabaa for rel/jew alll1e ImmokaJea and E\larglaoos City Itbraries. which receive- copies on the Monday preceding each me~ling Other pub~IG Ilbranes throughout the county make H'e ag~nda available tQresldel1ts as well . For additional in!ormation, call Calher County Communication and C\Jslomer RelailiOf\S at 774-8'999 'j!L~.9;;~4<:~ .''''''11 H, ~JXi~ . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ -~ AGENDA April 26, 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 PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANA TION 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 Page 1 April 26, 2005 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Co-Minister Albert Wingate, Unity of Naples Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda. ) Approved and/or adopted with changes - 5/0 B. March 22, 2005 - BCC/Regular Meeting Approved as presented - 5/0 C. March 25, 2005 - BCC/Concurrency Workshop Approved as presented - 5/0 D. March 31, 2005 - BCC/Beach Access Workshop Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees Page 2 April 26, 2005 1) Jeffrey Kucko, Building Review and Permitting Presented 2) Walter Suttlemyre, Building Review and Permitting Presented B. 25 Year Attendees 1) Allen Madsen, Tourism Presented 4. PROCLAMATIONS A. Proclamation to designate the week of April 25 through April 29, 2005 as the 26th Anniversary of the Know Your County Government Week. To be accepted by students Lee Davidson and Esther Anofils. Adopted - 5/0 B. Proclamation to designate May 9th through May 13th, 2005 as Tourism Week in Collier County. To be accepted by Jack Wert, Collier County Tourism Director. Adopted - 5/0 C. Proclamation to designate the month of April 2005 as Child Abuse Prevention Month. To be accepted by Sharon Winkelmann, Youth Haven. Adopted - 5/0 D. Proclamation to recognize the week of May 6 through 12, 2005 as Nurses Week 2005. To be accepted by Crystal Campbell, ARNP, and Karen Rollins, MS, RN. Adopted - 5/0 E. Proclamation to recognize the Collier County Medical Society and the Physician Led Access Network of Collier County. To be accepted by Ms. Lauren Leifer, Executive Director for Physician Led Access Network of Collier County. Adopted - 5/0 F. Proclamation to designate May 14th as a Day of Grace. To be accepted Page 3 April 26, 2005 by Matt and Bess Raulerson, parents of Emma Grace, who died of a rare chromosomal disorder called Trisomy. Adopted - 5/0 G. Proclamation to recognize April 26, 2005 as Naples Sharks U-14 Boys Soccer Team Day. To be accepted by Michael Pettit, Chief Assistant Collier County Attorney, the soccer team, and Coach Mark Wilkinson. Adopted - 5/0 H. Proclamation to designate April 26, 2005 as Publix Supermarket's Charities and Publix Supermarket Employees Day. To be accepted by Ernie Bretzmann on behalf of United Way. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Patricia Clemens, Special Needs Technician, Bureau of Emergency Services, as Employee of the Month for April 2005. Presented 6. PUBLIC PETITIONS A. Public Petition request by P J N oe to discuss suggestion regarding child endangerment, animal abuse, property depreciation and Sheriff Don Hunter's deputy expenses. Staff to bring back the noise ordinance for amendments or revisions - Consensus Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2004-AR-5746 The Board of Trustees of the Internal Improvement Trust Fund represented by the Florida Department of Environmental Protection, requesting Conditional Use #1 of the "A" Rural Agricultural District for off-site removal of earthen material in conjunction with the permitted use of Acquaculture. The property is located approximately two miles south of 1-75 and one mile east of Everglades Boulevard, in Section 16, Page 4 April 26, 2005 Township 50 South, Range 28 East, Collier County, Florida, and consists of 160 +/- acres Resolution 2005-175 Adopted - 5/0 Moved from Item #17 A B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2004-AR-667l, Boca Bargoons of Naples, Inc., represented by Kelly Smith, of Davidson Engineering, Inc., requests approval of a Conditional Use pursuant to Table 2 of Section 2.04.03 of the Land Development Code, to allow permitted personal services, video rental or retail uses (excluding drug stores), with more than 5,000 square feet of gross floor area in the principal structure, in the C-3, Commercial Intermediate, Zoning District. The property to be considered for the Conditional Use is located at 4403 Tamiami Trail East, in Section 13, Township 50 South, Range 25 East, Collier County Florida. This property consists of 2.53 +/-acres. Resolution 2005-176 Adopted w/stipulations - 5/0 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve a millage rate increase from 3 to 4 mil for the Forest Lakes Roadway and Drainage Municipal Services Taxing Unit(MSTU). Ordinance 2005-20 Adopted - 4/1 (Commissioner Henning opposed) B. ReQuest this item to be continued to the May 10~ 2005 BCC meetin2. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR- 6258, Elias Brothers Communities at Palermo Cove, Inc., represented by Dwight Nadeau, ofRW A, Inc., and Chuck Basinait, of Henderson, Franklin, Starnes & Holt, P.A. requesting a rezone from the Agriculture zoning district to the Residential Planned Unit Development (RPUD) zoning district to be known as Palermo Cove PUD, consisting of 131 acres and a maximum of 524 residential dwelling units. The property is located north of Wolfe Road, west of Collier Boulevard (CR 951), in Section 34, Township 48 South, Range 26 East, Collier County, Florida C. This item reQuires that all participants be sworn in and ex parte disclosure by provided by Commission members. PUDZ-A-2004-AR- 6142 Naples Syndications, LLC, represented by Karen Bishop ofPMS Page 5 April 26, 2005 Inc. of Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD ownership change. The property is located on the east side of Collier Boulevard, approximately one mile south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 119:1: acres. Ordinance 2005-21 Adopted w/changes - 4/1 (Commissioner Coyle opposed) 9. BOARD OF COUNTY COMMISSIONERS B. C. Added D. A. Appointment of members to the Collier County Code Enforcement Board. Resolution 2005-172 Appointing Richard Kraenbring from an alternate to a regular member, appointing Justin DeWitte as an alternate member and appointing Jerry P. Morgan as a regular member - Adopted - 5/0 Appointment of members to the Immokalee Enterprise Zone Development Agency. Resolution 2005-173 Appointing Bernardo Barnhart, Eva J. Deyo, Curtis Blocker, Jr. and Re-appointing Fred Thomas, Jr. w/waiver for term limit - Adopted - 5/0 Commissioner Henning's request to discuss and identify additional funding for off-season tourism advertising. First motion was to accept option #A: Motion Denied - 2/3 (Commissioner Halas, Commisioner Coletta, and Commissioner Coyle opposed); Second motion to accept option #B and to bring back Ordinance to amend 92-60; Third motion to release $500,000 from TDC funds for off season advertising for 2005 - Approved - 3/2 (Commissioner Halas and Commissioner Coyle - opposed) Commissioner Coyle to discuss Growth Management Bill HB 1865 and SB 360 Discussed Page 6 April 26, 2005 10. COUNTY MANAGER'S REPORT A. This item has been continued from the March 22. 2005 BCC Meetin2 to the April 12. 2005 BCC Meetin2 and has been further continued to the April 26. 2005 BCC Meetin2. Recommendation to approve Resolution 2005- creating the Habitat Conservation Plan Advisory Committee. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2004-174 - Adopted wlchanges - 5/0 (to reflect change in the makeup of committee: Section 2, paragraph 2, of the Resolution - this done during Item #15 regarding language change) B. This item to be heard at 10:00 a.m. Recommendation to approve three (3) funding agreements with the South Florida Water Management District for a total amount of $990,000.00 providing assistance with design and construction of four (4) Stormwater Improvement Projects. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 C. Presentation of the three final proposed designs for the Collier County Freedom Memorial. Entry (design) # 7 was chosen and Collier County will provide the initial design and site plan - Approved - 4/1 (Commissioner Halas opposed) D. This item to be heard at 10:30 a.m. This item continued from the April 12. 2005 BCC Meetin2. 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. (Norman Feder, Administrator, Transportation Services) Approved wlchanges - 5/0 E. Recommendation to authorize county staff to purchase Ironwood Golf Page 7 April 26, 2005 Course at auction in an amount not to exceed $1,100,000. (Marla Ramsey, Administrator, Public Services) Reject Staff's Recommendations - Approved - 5/0 F. Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $842,700 for funds from the Federal Transit Administration for the Collier Area Transit system. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Keith Tompkins of Eagle Creek Community Association regarding traffic signal location w/Super WalMart (951 & US41); Mr. Tompkins to work with Transportation Staff regarding this issue 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd: Impact Fee Legislation - no advertising placed B. Jim Mudd: Unfinanced/non-budgeted items -Memo forthcoming C. Commissioner Henning: (Conditional use petition on Item #7A) Voted against because Executive Summary was not clear D. Commissioner Henning: Concern regarding the Habitat Conservation Plan Advisory Committee Resolution (See Item #10A language change) E. Commissioner Fiala: Island Townhall Meeting on Thursday, April 28, 2005, 7:00 p.m. at MackIe Park F. Commissioner Coletta: Everglades City - National Day of Prayer Proclamation, May 5 - Adopted - 5/0 G. Commissioner Halas: Acknowledged and thanked Vanderbilt Properties for beach parking H. Commissioner Halas: District #2 Bridges (2 smaller bridges - for pedestrians and bikes) ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be Page 8 April 26, 2005 routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase with Juniace Senecharles for 1.14 acre under the Conservation Collier Land Acquisition Program, at a cost not to exceed $30,850. Located within Golden Gate Estates, Unit 65 - Winchester Head Multi-parcel Project 2) Recommendation to approve an Agreement for Sale and Purchase with Robert C. Malt for 83.18 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $4,781,080. Located on the west side of SR 951 adjoining Rookery Bay National Estuarine Research Reserve 3) Recommendation to approve Resolution 2005- approving a Target Protection Areas outreach mailing strategy for Conservation Collier's third property selection cycle. Resolution 2005-162 4) Recommendation to grant final approval of the roadway (public) and drainage improvements for "Whippoorwill Lane (from Pine Ridge Road, South to Stratford Place entrance"). The roadway and drainage improvements within the right-of-way will be maintained by Collier County. Resolution 2005-163 5) Petition CARNY-2005-AR-7495, Fred Hollingsworth, President, Three Ring Entertainment, Inc., d/bla Holly Bros. Barney and Bidwell Circus, requesting a permit to conduct a circus from May 9, 10, and 11,2005, at the Immokalee Regional Airport located at 165 Airpark Boulevard. CP-2005-04 wi waiving the surety bond 6) Recommendation to approve for recording the final plat of "Coco Page 9 April 26, 2005 Lakes Estate Homes". As Detailed in the Executive Summary 7) Recommendation to approve for recording the final plat of "Independence Phase Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W / stipulations B. TRANSPORTATION SERVICES 1) Recommendation to approve Supplemental Agreement No.2 in the amount of $161,147.50 for Additional Engineering, Permitting and Post Design Services to be provided by Agnoli, Barber, & Brundage, Inc., for relocating the entrance and access road to the Collier County School District Bus Facility, designing a pathway on the north side of the roadway and to provide Post Design Services for the six-Ianing of Rattlesnake Hammock Road from Polly A venue to Collier Boulevard at this time, Project No. 60169. As Detailed in the Executive Summary 2) Recommendation to approve submittal of a Hazard Mitigation Grant to the Federal Emergency Management Agency, Department of Homeland Security for Traffic Signal Mast Arm Rebuilds at Vanderbilt Beach Road at Vanderbilt Drive; Vanderbilt Drive at 111 th Avenue North; Seagate Drive at West Boulevard; Pine Ridge Road at Pine Ridge Middle School, and Golden Gate Parkway at Naples High School in the amount of$375,5ll. As Detailed in the Executive Summary 3) Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $1,895,000.00. Resolution 2005-164 4) Recommendation to approve award of a construction contract with Page 10 April 26, 2005 Bonness, Inc. for intersection improvements in the amount of $519,276.07 on Golden Gate Boulevard at Everglades Boulevard, Bid No. 05-3802. 5) Recommendation to approve advertisement for bids to construct the six-Ianing of Rattlesnake Hammock Road, from Polly Avenue to Collier Boulevard, Project No. 60169 at an estimated construction cost of $20 million. 6) Recommendation to award bids and approve the Annual Agreements for Title Commitments and Real Estate Closing Services and authorize the Chairman to execute same on behalf of the Board. To place Title Companies under annual contracts for use by the offices of Transportation Engineering, Construction Management Right of Way and Real Estate Services, Bid #05-3805 7) Recommendation to approve submittal of a Florida Forever (FF-5) Grant to the Florida Communities Trust for the Gordon River Water Quality Park in the amount of $8,600,000. As Detailed in the Executive Summary 8) Recommendation to approve Change Order No. 5 to Contract #04- 3651 with Hannula Landscaping, Inc., for Livingston Road (Radio Road to Pine Ridge Road) Landscape Beautification (Project No. 600714) in the amount of$148,470.33. To increase the scope of work under contract 9) Recommendation that the Board of County Commissioners (1) approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the State Department of Transportation in which Collier County would be reimbursed up to $586,500 of the total estimated cost of $702,000 for the design and installation and construction engineering inspection of two prefabricated bicycle and pedestrian Bridges on Vanderbilt Drive; (2) authorize the advance of the $586,500 plus the additional non-refundable project cost of $115,500 from the Gas Tax Fund; and (3) approve future fiscal year annual costs of bridge maintenance and all necessary budget amendments. Resolution 2005-165 Page 11 April 26, 2005 C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-166 2) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-167 3) 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. Resolution 2005-168 D. PUBLIC SERVICES 1) Recommendation to approve a Lease Agreement with Vanderbilt Properties, Inc. for use of vacant land to be used for temporary parking and a construction staging area without cost to the County. During construction of the County's parking deck at Vanderbilt Beach 2) Recommendation to approve the Older Americans Act Disaster Relief Program contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida and authorize the Chairman to sign the agreement. To provide assistance to Collier County's frail elderly residents who have been impacted by the four major hurricanes of 2004 Page 12 April 26, 2005 3) Recommendation to approve budget amendments to reflect an overall increase of $11 ,928 in the Older Americans Act programs and authorize the Chairman to sign contract amendment OAA.203.05 #001 between Collier County Board of County Commissioners and Senior Solutions of Southwest Florida DIBI A Area Agency on Aging. To recognize an increase in grant funding in the Services for Seniors program 4) Recommendation to approve Contract Amendment No.1, to Contract No. 03-3537, "Tourism Development Council Marketing Services" with Paradise Advertising and Marketing, Inc. to include the development of a strategic public relations program for the Collier County Museums and the Naples Depot in the amount of $20,200. To provide professional marketing services for the Tourism Development Council E. ADMINISTRATIVE SERVICES 1) Recommendation to reject all proposals received under RFP 05-3747, Indoor Air Quality Services. To reissue in order to receive a more qualified firm for these services 2) Recommendation to approve usage of the School Board of Miami- Dade County Industrial Equipment and Supplies Discount Bid (051- DD9) over the twenty-five thousand dollar threshold for the purchase of hardware and related items for maintenance, operations and repair. For repair of all County-owned buildings and assets 3) Recommendation to award RFP 05-3761, SAP Consulting Services to Rapidigm Inc. and TUI Consulting Inc. (Estimated Annual Cost $150,000) To support the agency's current SAP software deployment 4) Recommendation to reject the award to Fort Bend of 25% sodium hydroxide on Bid 04-3706-"Chemicals for Utilities" in the estimated annual amount of$59,850.00 and award corrected annual estimate of $94,050.00 to Allied Universal Corporation. As Detailed in the Executive Summary Page 13 April 26, 2005 5) Recommendation to award RFP No. 05-3799 for Process Mapping/Analysis Services in the amount of $225,000.00. To identify, document, optimize and potentially automate work processes - Award to PBS&J, Barry, Dunn, McNeil & Parker and Process Works, Inc. 6) Recommendation to approve submittal of a Hazard Mitigation Grant to the Federal Emergency Management Agency, Department of Homeland Security for Retrofit of Collier County Health Department Building H in an amount not to exceed $350,000. As Detailed in the Executive Summary F. COUNTY MANAGER 1) Approve an Out-of-Cycle FY2005 TDC Category "A" Grant Application and Tourism Agreement with the City of Naples for Lowdermilk Park Parking Lot Reconstruction/Restoration Project #90019 in the amount of$375,000. 2) Recommendation that the Board of County Commissioners Award RFP #05-3775 for Environmental Consultant for Clam Bay Restoration to Turrell and Associates, Inc. in the amount of$162,000. 3) Recommendation to approve an Interlocal Agreement between the North Naples Fire and Rescue District and Collier County for an Advanced Life Support Engine Partnership Program and approve the necessary Budget Amendment. To provide a more rapid advanced life support response to 911 emergencies while maintaining the high quality of County EMS paramedic services 4) Recommendation to approve a one-year contract with HealthStream, Inc. to provide Distance Learning Software for the Collier County Emergency Medical Services at a cost of $28,080. To allow educators to rapidly develop meaningful educational opportunities G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 14 April 26, 2005 Item Continued to May 10, 2005 1) Recommendation to approve Contract Amendment A-2 involving Contract #03-3473 "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District". To increase hourly rates for personnel in conjunction with the 2005 CPI Index and to add personnel categories 2) Board of County Commissioners adopt a Resolution to authorize expenditure of an anticipated $500,000 United States Department of Agriculture Grant, and to authorize expenditure of an anticipated $500,000 Florida State Rural Infrastructure Grant, both grants to fund Phase I construction of a Surface Water Management Detention Pond required at the Immokalee Regional Airport. Resolution 2005-169 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Naples Alliance for Children Annual Advocacy Dinner and Apple Blossom Award ceremony on May 5,2005 at the Country Club of Naples. $35.00 to be reimbursed from Commissioner Halas' travel budget. Located at 185 Burning Tree Drive 2) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner attended the Marine Corps League of Naples Annual Press Day Luncheon on April 20, 2005 at the Elks Lodge. $13.00 to be reimbursed from Commissioner Halas' travel budget. Located at 3950 Radio Road 3) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to speak at the Naples Gulf Shore Rotary meeting on May 4, 2005 at the Naples Beach Hotel. $15.00 to be reimbursed from Commissioner Halas' travel budget. Located at 851 Gulf Shore Blvd Page 15 April 26, 2005 4) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Economic Development Council Membership Mixer hosted by Edison College on May 4, 2005 at Edison College Collier Campus. $15.00 to be reimbursed from Commissioner Halas' travel budget. Located at 7007 Lely Cultural Parkway I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders dated March 19, 2005 through April 1, 2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. K. COUNTY ATTORNEY 1) Recommendation to approve the Offer of Judgment in the amount of $1000 as to Parcel 135 in the lawsuit styled Collier County v. Edward Olah, Trustee, et al., Case No. 96-1314-CA (Rattlesnake Hammock Rd Four Laning Project 65021). (Fiscal Impact: $900) As Detailed in the Executive Summary 2) Request by the Collier County Industrial Development Authority for Approval of a Resolution Authorizing the Authority to Issue Revenue Bonds to be used to Finance Water and Wastewater Utility Facilities for Ave Maria Utility Company. Resolution 2005-170 3) Recommendation that the Board of County Commissioners (1) Execute the Attached Agreement Between the Department of Community Affairs and the Board of County Commissioners Which Would Have the Effect of Allowing Variations for Plantation Island (Unrecorded) Subdivision, Units One, Two and Three From the Big Cypress Area of Critical State Concern Regulations as Implemented Page 16 April 26, 2005 by Collier County Through its Growth Management Plan and Land Development Code and (2) Direct That the Definition of the Term "Variance" in the Land Development Code be Amended to Include Variations From the Big Cypress Area of Critical State Concern Regulations as Implemented By the Land Development Code. As Detailed in the Executive Summary 4) Recommendation that the Board of County Commissioners authorize the employment of a land use attorney and legal secretary to be dedicated to Community Development and Environmental Services issues and approve the necessary budget amendments. To provide for increased service demands and achieve efficiencies in legal services at a cost of $74,946.73 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. Moved to Item #7B A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2004-AR-6671 , Boca Bargoons of Naples, Inc., represented by Kelly Smith, of Davidson Engineering, Inc., requests approval of a Conditional Use pursuant to Table 2 of Section 2.04.03 of the Land Development Code, to allow permitted personal services, video rental or retail uses (excluding drug stores), with more than 5,000 square feet of gross floor area in the principal structure, in the C-3, Commercial Intermediate, Zoning District. The property to be considered for the Conditional Use is located at 4403 Tamiami Trail East, in Section 13, Township 50 South, Range 25 East, Collier County Florida. This property consists of 2.53 +/-acres. Page 17 April 26, 2005 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2004-AR-6090 Collier County Public Utilities represented by Brian Nelson, ASLA of Agnoli, Barber and Brundage, Inc., requesting a conditional use pursuant to Section 2.01.13.G.l of the Land Development Code for "Essential Services," more particularly identified as a "Master Pump Station" in the Estates zoning district. The property is located south of Immokalee Road, less than 1/2 mile west of Wilson boulevard on Tract 84, Unit 20, Golden gate Estates, in Section 28, township 48 South, Range 27 East, consisting of 1.65 acres. Resolution 2005-171 C. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided bv Commission members. PUDZ-2004-AR- 6383, William L. Hoover, Manager Catalina Plaza, LLC, represented by William L. Hoover, Hoover Planning & Development, Inc. and Richard D. Yovanovich, Goodlette, Coleman, & Johnson, P.A., requesting a rezone from Rural Agricultural (A) to Mixed Use Planned Unit Development (MPUD) for a project known as the Carolina Plaza Mixed Use PUD to allow a maximum of64 dwelling units and 150,000 square feet of retail space and office space. The subject property, consisting of 15.88+ acres, is located on the north side of Vanderbilt Beach Road, approximately :;4 mile west of Collier Boulevard, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2005-19 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383 Page 18 April 26, 2005 '2 A AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 26. 2005 Item 7A - The title should read: CU-2004-AR-5746. The Board of Trustees ofthe Internal Improvement Trust Fund represented by the Florida Department of Environmental Protection, requesting Conditional Use #1 of the "A" Rural Agricultural District for off-site removal of earthen material in conjunction with the permitted use of Acquaculture. The property is located approximately two miles south of 1-75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160+/- acres. (Staff request.) Add Item 90: Commissioner Coyle to discuss Growth Management Bill HB 1865 and SB 360. Item 10E: Correction to the executive summary. Under Considerations, the third paragraph should read: "The Clerk of Courts will conduct a foreclosure sale of the property described in Exhibit A of the Final Judgment in Foreclosure on May 4, 2005. Board approval of this action will authorize Public Services Division Administrator Marla Ramsey or Assistant County Attorney Jeff Klatzkow or their designee to bid up to $1,100,000 on the property, pending receipt of two appraisal values equal to or greater than (rather than "less than") the authorized purchase amount. (Staff request.) TIME CERTAIN ITEMS: Item 10B to be heard at 10:00 a.m. Recommendation to approve three (3) funding agreements with the South Florida Water Management District for a total amount of $990,000 providing assistance with design and construction of four (4) Stormwater Improvement Projects. Item 1 OD to be heard at 10:30 a.m. 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 reserve the District sufficient capacity on Collier County's road public facilities to complete the buildout of the Town of Ave Maria, and (2) a Developer Contribution Agreement with Ave Mari)a 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. PROCLAMA TION '4A A ~ . '.'~ WHEREAS, county government is a complex and multifaceted process which affects the lives of all residents of Collier County; and, WHEREAS, an increased knowledge of how various aspects of county government work can enhance an individuals quality of life in Collier County; and, WHEREAS, it is desirable for all county residents to be knowledgeable of the county's government and how it works; and, WHEREAS, the League of Women Voters of Collier County, Collier County University Extension/4-H Youth Development, and the Collier County Public Schools have co-sponsored the Know Your County Government Teen ~: . m for 26 years; and, WHEREAS, lemented to make accessible to our missioners -29, 2005, 'OMMISSIONERS , FLORID ATTEST: ". 48 PROCLAMATION WHEREAS, travel and tourism is the largest industry throughout Florida. It employs more than 890,700 people and produces more than $56.5 billion in revenue from taxable sales: and, WHEREAS, the travel and tourism industry supports the vital interests of Collier County, Florida and the United States, contributing over 25, 000 jobs to our community, economic prosperity, peace, understanding, and goodwill: and, WHEREAS, 1.6 million visitors contributed nearly $1 bIllion to the economy of Collier County in 2004: and, WHEREAS, it is in the best interest of Collier County citizens to inform them of the direct and indirect benefits of tourism: and, WHEREAS, as travelers" beaches, , cultural impo. Countys outstanding ,.;tural, historic and e an increasingly n cultural well at we .,. community. NOW THEREn wishe: County, May 9-13;'+ Commissioners onomy of Collier try by designating and that this proclamation be acknowledged by the Greater Naples, Marco Island, Everglades Convention & Visitors Bureau at their Third Annual Tourism Awards Luncheon on May 11, 2005. DONE AND ORDERED THIS 26TH DAY OF APRIL 2005. BOARD OF COUNTY COMM.r. COLLIER COUNTY, FLORID ,-.- DWIGH E. BROCK, CLERK PROCLAMA nON 4C WHEREAS, every child in our community of Naples in Collier County is a precious gift, full of promise and potential; and, WHEREAS, child abuse and neglect is a serious problem in Collier County and across our nation; and, WHEREAS, the prevention of child abuse is crucial to the preservation of the health and well-being of families in Collier and is being accomplished by Youth Havens programs that provide support and information to families as well as community awareness; and, WHEREAS, all children learn from role models at home, at their place of worship, at school and in their communities, and all children bene i and leadership displayed by Ilier WHEREAS, we at Youth who live in COMMISSIONERS WTY, FLORI. 4'g~ PROCLAMA TION 40 WHEREAS, 2.2 million registered nurses in the United States comprise our nation's largest health care profession with as many licensed practical nurses,' and, WHEREAS, the depth and breadth of the nursing profession is meeting the different and emerging healthcare needs of the American population in a wide range of settings: and, WHEREAS, nurses' education and holistic focus promotes restoration and maintenance of health in the individual and family: and, WHEREAS, the American Nurses Association, as the voice for the registered nurses of this country, is working to chart a new course for a healthy nation that relies on increasing delivery of primary care: and, WHEREAS, a renewed emphasis on primary and preventative healthcare will require better utilization of all of our nation's nursing resources,' and, WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients, and, WHEREAS, the demand for of the conti of home h~e~rb<<a~eof~e~mg , and the explosive growth WHEREAS, WHEREAS, ed by nurses w/1/ elivery system in WHEREAS, Association has theme, ys in which map out the way NOW THEREFORE, be ners of Collier County, Florida that at all the residents of this community, care for us,' and the residents of this cou. ccomplishments and efforts to improve our healthcare system an show our appreciation for the nations nurses, not just during this time, but at every opportunity throughout the year. DONE AND ORDERED THIS 26th of April 2005 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '-. ' ~ ATTEST: PROCLAMA TION 4r WHEREAS, the 2004 Florida Health Insurance Study indicated that the number of uninsured in southwest Florida is 24.4% of the population under the age of 65, estimated to be one of the highest in the state: and, WHEREAS, Collier County Government has undertaken a number of workgroups to develop a response to the large number of uninsured who seek access to health care, most recently the Health and Human Services Advisory Council Chaired by Commissioner Coletta: and, WHEREAS, the Board of County Commissioners strongly supported the use of existing resources to leverage additional state and federal funds for the creation of the Horizon's Health Clinic located in Golden Gate City, in order to provide access for primary care for low income individuals: and, WHEREAS, physicians of Collier County seek to bring equal access to health core for the benefit of the community: and, WHEREAS, Wer Health Services, David Collier County Health nt, Collier County are represented to develop a 'Stematic rs of Collier "ded to the Network of DONE AND ORD COMMISSIONERS ~ FLORIDA '---_/ -~, ~ ATTEST: PROCLAMA TION 4'F WHEREAS~ Matt & Bess Raulerson have established an Annual Day of Grace Golf Classic & Charity Auction to be held this year on May 14'h~ in honor of their daughter~ Emma Grace~ who was born with a rare chromosomal disorder called Trisomy 18 and who lived only 13 days: and, WHEREAS~ Trisomy 18 is so rare that there is very little research about it: and, WHEREAS~ Matt and Bess founded this annual event in order that the proceeds could be used to change the future of other families by funding research for the Trisomy 18 Support Foundation and for the Support Organization for Trisomy 13~ 18 and Related Disorders: and, NOW THERa WHEREAS~ Matt & B and to supp as to both organizations rganization that disorders~ again~ aking disease to make a others. COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA A TrEST: PROCLAMA TION 46 WHEREAS, the Naples Youth Soccer Clubs U-14 Boys Soccer Team, the Sharks, has won the Florida Youth Soccer Associations 2005 Region C Cup and Presidents Cup Tournaments; and, WHEREAS, Region C has teams from a geographic area of 12 Florida Counties ranging from Collier north to Hernando, and Presidents Cup is a tournament pitting the winners of each of the Florida Youth Soccer Associations four regions against one another,' and, WHEREAS, the U-14 Boys won Presidents Cup by defeating the Pensacola Futball Club and Treasure Coast United Soccer Club each by a score of 3-0,' and, WHEREAS, this is the first time since the early 1990s that any Naples Sharks team of any age has won Presidents Cup; and, WHEREAS, . ht to represent the State in Little Rock, 't! they will play ipp': North Louisiana,' and, WHEREAS, coach, Mark t a long and NOW THERB missioners esignated as COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA _~_VEST: WHEREAS, WHEREAS, WHEREAS, WHEREAS, .' . WHEREAS, u 4 H PROCLAMA TION . the United Way tJf CtJ//ier CtJunty has funded qualified ntJn-prtJfit essential health and human services ftJr the benefit tJf the citizens tJf CtJ//ier CtJunty,' and, the financial suppDrt received by the United Way tJf CtJllier CtJunty remains in CtJ//ier CtJunty and benefits apprtJximately 100,000 residents tJf CtJllier County,' and, the supptJrt of the United Way tJf Collier County comes from all facets of the community including individuals, businesses large and sma//, employees of local and state government, and schools,' and, of these funding partners, Publix Supermarkets' Charities and the employees of Publix Supermarkets for over ten years hove been the United Ways largest contributor. This year alone giving $603,000 to the United Way, thus directly benefiting the people of Collier County: and, . the BtJard of County Commissioners, together with the United Way tJf CtJ//ier County, gratefully acknowledge the support of the Publix Supermarkets~ Charities and the employees of Collier Countys Publix Supermarkitts. NOW THEREFORE, be it proclaimed by the Boord of County Commissioners of Collier County, Florida that April 26th be designated os PUBUX SUPERMARKETS' CHARITIES AND PUBUX SUPERMARKET EMPLOYEES DA Y DONE AND ORDERED THIS 26TH Day tJf AprIl 2005 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRM COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS r. 7A ,. w,J To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement (Display Adv., location, etc.) Other: *******************************************************************;e1j************************* Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Michael Bosi, AICP Date: \ (:) \ \ '6 \ 0 4- Petition No. (If none, give brief description): CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds Petitioner: (Name & Address):Richard H. Thompson, P.E., 319 Inman Street, Lehigh Acres, Fl. 33972 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Jesse J. Hardy, 6000 Naomi Street, Naples, Fl. 34117-2626 Hearing before BCC BZA Other Requested Hearing date: . 11/30/04 _ Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU-2004-AR-5746, Jesse J. Hardy represented by Richard H. Thompson, P.E, requesting Conditional Use #1 of the "A" Rural Agricultural District for excavation of ponds in conjunction with the permitted use of Aquaculture. The property is located approximately two miles south of 1-75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160:t acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: Approved by: _~'-()tuA~bl~i> '-( 9lpartment Head D te County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ************************************************************************************************ Date Received: 10-)..7 '0'1 Date of Public hearing: I-{,?J, -0 $ J-/-IO ,0 S JI .~ Date Advertised: II~ ../' .............()-~~ ~.~ ~'/~ ~ ~ FOR CLERK'S OFFICE USE ONLY: --- -..--...---......--..--......,....---"'" ~ 7 A .~.:A . '1 RESOLUTION NO. 04- A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE NUMBER 1 OF THE "A" RURAL AGRICULTURAL DISTRICT FOR EXCA VA TION OF PONDS IN CONJUNCTION WITH THE PERMITTED USE OF AQUACULTURE PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 28 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 the conditional use for off-site removal of earthen material in conjunction with the permitted use of aquaculture as provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in an "A" Rural Agricultural 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 Section 10.08.00 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Richard H. Thompson, P.E. representing Mr. Jesse J. Hardy with respect to the property hereinafter described as; Exhibit liB" attached hereto and incorporated by reference herein 1 7A 4'~ . ~~,.. . ' , ....' . ..' ~:.t'i ;". , . t be and the same is hereby approved for a conditional use for off-site removal of earthen material in conjunction with the permitted use of aquaculture as provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in the "A" Rural Agricultural Zoning District for excavation of ponds in conjunction with the permitted use of Aquaculture in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated 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 ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: ~AJ m.{Jb~ Marjo eM. Student Assistant County Attorney CU-2004-AR-5746/MB/sp 2 fil 7 ,n :,,~ r, ,.... ~.?' FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-5746 The following facts are found: I. Table 2 of Section 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: EXHIBIT A 7A Legal Description - CU-2004-AR-5746 NW Y4 OF SECTION 16, TOWNSHIP 550 SOUTH, RANGE 28 EAST OF COLLIER COUNTY, FLORIDA Exhibit "B" .! ..~ O.:_l." ~ I ~ \ n ~ ~"i \i f II ~ ~li ~ I I !, -11. ~ ~I- :~, .oJ! l~" ~ . " ~ ~ ~ I Ii., '" r. . .~: . n ., " ::~ j; ~~ ~~ f. " z i. < 2 ~~ 1,- iil" CL n.)..- o.:~g ~ ~~ ~~ ~-~:{ "d ~= ~ h ~ ~~ ~ o 0 r(# <5 ~:: [ ~~ '" ~I: , :. ~ ,,*<? ~ ~ '" lol_ ! ( U~ ~~~! ~.~~ r;$ilt (j i:E c, <l I~.l 2; o N <> ~~~~: r-.O~iIl'?-t: g:B:?;~ ~ n 8 ':l. ~~ ~c( a\t1 Ej~ ~r II &:;}li ;~ng ',"'1" ,~ :z o j:::: <-> h. If I'" ;;;::: (,1) ltj l.l'l :a~ t..; () <., <<l'. .", Z ~D- ....J: Q1 ::0;: (~) " ~~ ...J~ '~.. V) 1--- ~~ e r.n >- l~:' ," ~ U1 'I_'i~l !. . --- ~ L_j, __.J~ I' I · ',1 ',' ,.~' "i ~! ~ \ 'J , ~ _..L ~ L..-7 , I l-~ ~I d'~ ' , ~.!; cj 02 (,:; <( 'd Z ~~~ TS"lf9~__ l't'NV;; ObOt "e" Exhl I . ~ ~ I'. ~ ~ ~~. f . f~: d ~ ~;.; ! ' t.~ ~ · ~ "~5, , r>1 e i~i", .. 1 . '"_~ !\ .... ~ \" ....~ '," { ~~ 5 ~ I 11\ j .nl I dt\l" i' HiJJ!IH ~,t.l~J~,,, tIt!!! 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V'> I ~ l~j, .' ~ 0, ~ ~ ~- ~ ~ ~ 2 1ij ~ I;: ~ g ~~ <::) ~ ~{ ~C/) ~ ~ '" ~ (.}~:; ~ ~_.?~ '4I!!'P ":1 ld cS ~ r g ~ :;j "'~ 6~ ~~ .~ I: 1I J ~ 0: c::( :J: UI (/) ffi -, i ~~!: ~eli~ ijl~e ~f;;t~ J ". 7A .......~ ''; . . . :.i ':' October 27, 2004 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds Dear Pam: Please advertise the above referenced notice on Sunday, November 14, 2004 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O.jAccount # 113-138312-649110 -1 lA ~~ j . ;;'~ NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 30, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2004-AR-5746, Jesse J. Hardy represented by Richard H. Thompson, P.E., requesting Conditional Use #1 of the "A" Rural Agricultural District for excavation of ponds in conjunction with the permitted use of Aquaculture. The property is located approximately two miles south of I-75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160 +/- acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Linda A. Houtzer, Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts CoijJi ty ofC<Jl1i er CLERK OF 'fHB"CIRCUIT COURT COLLIER COUNTY CpURTij,pUSE 3301- TAMIAMI TRAIL EA'ST ." P.O. BOX 41;a044 ", NAPLES, FLORIDA~311O 1-3044 "'-!t \'/ ; "'j f ( ""' IT J""U ""4~ Clerk of Courts Accountant Auditor Custodian of County Funds - I " --:! - /" October 27, 2004 Richard H. Thompson, P.E. 319 Inman Street Lehigh Acres, Florida 33972 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-5746 Jesse Hardy Aquaculture Pond Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Q.~I~' Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts Cmipty- ofGol,lier CLERK OF TH~"CIRCUIT COURT COLLIER COUNTY QoURTllOUSE 3301 TAMIAMI TliAIL EA~T . P.O. BOX 4i~044 \'. NAPLES, FLORIDA ~,1101-3044 'I l,'f 7A ~,. '.., ',.' . .' Clerk of Courts Accountant Auditor Custodian of County Funds ~_ ..-:f /" October 27, 2004 Jesse J. Hardy 6000 Naomi Street Naples, Florida 34117-2626 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-5746 Jesse Hardy Aquaculture Pond Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a.~,~. Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us .Linda .J1.. :JIOutzer 'I A . .1:. . ~. .t .... . ~. from: Sent: 70: Suiject- .Linda.J1.. Yfoutzer 7Yedlzesda}h October 27, 2004 476 PM .LegalS (I-mail) Cl1-2004 -.;2lR -5746 Good Afternoon, Please advertise the attached notice on Sunday, November 14, 2004, ~ ~ :::: U-2004-AR -57 46.CU-2004-AR-57 46.c oc oc If you have any questions, please call 774-8411. Thank you, Linda Minutes and Records 1 ~. 7A .' ......... Linda Yl. .7IOutzer from: Sent: 70: Suf!jeet- yostmaster@clerk.cofllerftus Wedizesda~ October 2,0 2004 4'16 :PM Linda Yl. .7IOutzer :Delivery Status ..NOt!flcation (:Relay) I~ r::-:,,/1 ~ U ATT234423.txt CU-2004-AR-5746 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Linda JI. :J-IOutzer 7A .'~ ;.J from: Sent: 70: Suo/eet: System JIaministrator (jJostmaster@ncyJksnews.com} 7Yeditesday, October 2;'; 2004 4'09 PM Linda JI. :J-IOutzer :Detlvered: CV-2004-JIR-.s746 ~:-71 L::J CU-2004-AR-5746 <<CU-2004-AR-5746>> Your message To: Legals (E-mail) Subject: CU-2004-AR-5746 Sent: Wed, 27 Oct 2004 16:16:09 -0400 was delivered to the following recipient(s): legals on Wed, 27 Oct 2004 16:09:19 -0400 1 CU-2004-AR-5746 Linda A. Houtzer Page 1 of 1 7A .'G~ From: Sent: To: Perrell, Pamela [paperrell@naplesnews.com] Thursday, October 28,20048:43 AM Linda A. Houtzer Subject: RE: CU-2004-AR-5746 OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Wednesday, October 27, 20044: 16 PM To: Legals (E-mail) Subject: CU-2004-AR-5746 Good Afternoon, Please advertise the attached notice on Sunday, November 14, 2004. <<CU-2004-AR-5746.doc>> <<CU-2004-AR-5746.doc>> If you have any questions, please call 774-8411. Thank you, Linda Minutes and Records 10/28/2004 Patricia L. Morgan 7 A'~ -:.::~~ From: Sent: To: Cc: Subject: Martin, Cecilia Thursday, November 18, 2004 9:49 AM Minutes and Records; Johnson, Connie; Brock, Mary; Bedtelyon, Linda; Filson, Sue Bosi, Michael FW: Jessie Hardy Aquaculture Excavation CU February 22,2005, BCC meeting continuation request. 9v1it<F tliis lias 6een advertised a[reacfy for tlie 11/30/04 illCC meeting. 1Jie petition wi[( liave to 6e continued at tlie meeting to tlie 2/22/0~ illCC meeti1lfJ. ,;n~~f~Qo past~i~e5 weel(readve~ising requirement~ and per tliis to P.-mai[ to 9v1inutes and iRscoras, Wl[[ liave to 6e ~t'Jor tlill?22/o5 cECC meetmg. 9v1r. '}{arcfy Wl[[ 6e cliarged for tlie 11/30 illCC and 2/22/05 illCC aas. > -----Origina[ !:Message----- > Prom: illosi9rticliaeC > Sent: Wednesday, :Novem6er 17, 2004 10: 19 )l9rt > 7'0: illosi!:MicliaeC: martin_c; plioneCog; oclieCtree_m; jolinson_c; > 6rocR..-m; 6edtefyon_C: filson_s > Su6ject: 1(P.: Jessie '}{arcfy )lquacu[ture ~avation CV pe6ruary 22, > 2005, illCC meeting continuation request. > > > '}{i CC > 1Jie condltiona[ use was sclieduCedfor tlie 11-30-04 illCC meeti1lfJ, 6ut > tlie app[icant lias requested tliat tlie liearing 6e post-poned ti[( after > tlie eminent domain liearings witli tlie state. 1Jie appucant is > requesting tlie 2-22-05 illCC liearing date. > 1Jian~, > 9rtit<F main lieari1lfJs witli tfie state. 1Jie > appucant is requesting tfie 2-22-05 illCC fieari1lfJ date. > 1Jian~, > 9rtit<F , I ~S\~ Naples Daily News ~' Naples, FL 34102 ,(" U\I Affidavit of Publication G DCl::.\ f\'"'" Naples Daily News --~t~-------------------------------------------+--------------------------- I CU-2004-AR:s746~-- NOTICE OF PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS ~CN~'~'~.~C~~~ CHERI LEFARA ommlssloners fC PO BOX 413 0 16 ~bJ~o= will ~Oldo~ NAPLES FL 34101-3016 day, NO~on Tues. In the BOal'dto~ ~ ~'~/odr,' Admlnhltratlon u "",' Collier Count Government Cente' ~~t,~tF1~~:'1 Tf~l~ U!:oe~rl will begin atl . I ~~,~d t~'~k~oonslderi 5746. .Ie$se J 4-AR. !;t!.!!'!!!l..Iw' ~tJ'~: I' ".m.......... J:I.E.. request. o?g~o!1.tttlonaJ Use #1 tural Df$trf:'1: ,~lIrlcul- tlon of j)onds lexcava- )uMtlon with th". ~~~: r' ed use of Aquaeul- ure. The prope!1Y Is 10- f~e~II:fPlOl'ox!mate III and ,..... ml,. uth of 1.75 I-"'east of Ev- ~~rdes 801flevard. In 5t:' 16, TownshIP 50 cgnler S:~:t' 28 rut. and eon.,sts ~Fl'orlda, acres. ." 60 + /- NOTE: .AIl Persons wish- ~~~:~ak on any tel" with the ~ real$- mlnlsttat ' ounty Ad- sentatlono~fr:: ~ Item to be addreSS&d fndlvldual Speake. I' be limited t05 r ,w /I On any Item n: n,tes tlon of an Indlvldus:, % ~~:~z~a behalf of an enco ' on or group Is nlzelr,pe.dh. If recog- .,y. e Chair a sPokesPerson for' llJ':>yug. o~lIo=nlzatlo~ utes to s:eak Ignma'nn- Item. hPersOnswl.ftlilg to/ ave. written or lit' hi ;:t~.~:::i..~!L~ ~ter'tl'j;~ said ~~""or to the o!.~ In anc:J.UbU:;~,ng., terla~ Intended to ~~ CohnSlderecl b the Board fheall bll ltted to staffC1fPm#unty ~llblrcav. P.rJor, to ~v~ t I I neartng. All ma. er a u.&d In Pfesenta tlons before the Board will become a perma nent part of tile nIfCord. - Any person who deeld- gr Jfe ~ ~,l*lslon reCOrd 0' ~e pr=l ann"~ ~t'::e"l~etl1ereto need to ensure t~al verbatim record of the proceedIngs Is made ~~11~s~~~~ InCJudes dence upon' w~h ~~~ appeal Is Dased. ~~~f,s8:eRi 0 U N T Y ~Lgk'5lER COUNTY. ~~~NA FIALA. CHAIR. 'gL1~;HT E. BROCK, gy: I/Llnda A, Houtzer (Se~~ Clerk ' Nov. 14 _NQ,SU5Z1. 7A '~;~ ", ~~ ~ REFERENCE: 001230 58937060 113138312649110 CU-2004-AR-5746NOTIC State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 11/14 AD SPACE: 109.000 INCH FILED ON: 11/15/04 --------------------------------------------------+----------------------- Signature of Affiant ~. ~ / __i:J. Sworn to and Subscribed before me this ~day of ~ CI ) Personally known by me ::;zG 0 ,. ,fr g;j~-<A. f) 'd 20...d'j .""" Homett f\us\";O~Q EXPIRF .,i&~~~.f,9~~~ "'I iOMMISSION # OD02,03.71089. ' . . ..~ \'1\. ~ ) ~ 24 'l ': ~ :<<;= u 1 _I I ,qc-I\RMICE.. It'.\( ':-~';.~f?~~{~./ i~ONDrD1H~t,qDrN.(\\N, ," .,',t{llqf.t\";'~~" BilliNG DATE BilLING PERIOD 11/13/04 TOTAL AMOUNT DUE 2 ADVERTISER I CLIENT NAME iii Naples 1!laily News 1075 Central Avenue P.O. Box 7009 Naples. Florida 33941 PHONE 239 262-3 ~ S 1 FAX 239 263-4708 FED 10# 59-0578327 OF COUNTY COMMISSIONERS TERMS OF PAYMENT Net 10 Days 60 DAYS OVER 90 DAYS c, S.~ .'.lPPS J-":J,.'i.~.R[) iiE\\SP':"PEF: ADVERTISING INVOICE and STATEMENT INVOICE . BillED ACCOUNT NUMBER . BILLED ACCOUNT NAME AND ADDRESS D REMITTANCE ADDRESS 1..11..1..1...1111""1.11..11.11......11.11.....11 BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 NAPLES DAILY NEWS PO BOX 740379 CINCINNATI OH 45274 000244421200000220823 PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE ~lEWSPAPER REFERENCE DESCRIPTION - OTHER COMMENTS I CHARGES CU-2004-AR-5746NOTIC E OF PUBLIC HEARINGN 113138312649110 0110 811521 NET AMOUNT 11/14 58937060 11/14 lx109I 218I 2 220.82 ~~Nt\)/ ~ G:- f..t,.JJ .,... ~E C 0 .e...o...s '1,g RECr-,"'I\./ r _i L) NOV 1:) On4 '-J4fJC.~ , f~ r~ ~I-' ~irsr- Ad .. ; J STATEMENT OF ACCOUNT AGING OF PAST DUE AMOUNTS CURRENT NET AMOUNT DUE 30 DAYS 60 DAYS I If you have ques i~ns about your bill or payment, sarM iii Naples 1!laily News 1075 Central Avenue P.O. Box 7009 Naples, Florida 33941 OVER 90 DAYS please II PHONE 239 262-3161 FAX 239 263-4708 FED 10# 59-0578327 . UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE ADVERTISER INFORMATION BillED ACCOUNT NUMBER ADVERTISER I CLIENT NUMBER 001230 'UNAPPLlED AMOUNT TOTAL AMOUNT DUE ,~SCRIPPS HOWARD NEWSPAPER INVOICE NUMBER 2444212 BilLING PERIOD 11/13/04 - 11/15/04 ADVERTISER I CLIENT NAME BOARD OF COUNTY COMM 7 A ,~.. ,#I . ... ~."~l "~'ii January 7, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds Dear Pam: Please advertise the above referenced notice on Sunday, February 6, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING ~ A .. Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 22, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2004-AR-5746, Jesse J. Hardy represented by Richard H. Thompson, P.E., requesting Conditional Use #1 of the "A" Rural Agricultural District for excavation of ponds in conjunction with the per.mitted use of Aquaculture. The property is located approximately two miles south of I-75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160 +/- acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Linda A. Houtzer, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ,(~()ii,ii~.'-. of..G~llier ~~ ~J , ~ ,....... 1 CLERK OF THE CIRCUIT COURT COLLIER COUNTY.'CpURT4,O" USE 3301 TAMIAMI 1lAIL EA~T . P.O. BOX 4~~044 '\ NAPLES, FLORIDA ~ft.101-3044 tt I 74 ht\ oJ:,~ -W'.J ',t. o Clerk of Courts Accountant Auditor Custodian of County Funds , "'{\>~~"~- ( ..] ...-'f " January 7, 2005 Richard H. Thompson, P.E. 319 Inman Street Lehigh Acres, Florida 33972 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-5746 Jesse Hardy Aquaculture Pond Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a.~.~.C!. Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts 'Goiiiity~.~f-C{jl\lier CLERK OF THECIRCI1IT COURT , \ COLLIER COUNTY QoUR~OUSE 3301 TAMIAMI mIL EAST . P.O. BOX 4f~044 \, NAPLES, FLORIDA ~4101-3044 'It I ,,~ :,--.' 7A Clerk of Courts Accountant Auditor Custodian of County Funds ?~: ;':,:t, , \}--} January 7, 2005 Jesse J. Hardy 6000 Naomi Street Naples, Florida 34117-2626 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-5746 Jesse Hardy Aquaculture Pond Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, . DWIGHT E. BROCK, CLERK ~t2.~,k. Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us 7A ;~,~",' . . ..; '5;~.' .Linda.;2l.. JIOutzer front: Sent: 70: Suiject: yostmaster@cferE.cofllerft:us 7i{esda~ January 1l~ 2005 ./0.'23 Yl.M .Linda Yl. JIOutzer :Delivery Status :MJt!fication (Reltzy) l~ E]/ " .' .. '''-,A".. AH20517.txt CU-2004-AR-5746 'This is i.7!l oL! omitl generaled-1)eflveyy StdtUS ,'Noti{ication. YOW' 1'nessdqe lias been success/iLfh/ c .. . status 11ot{flcaUons 'may 1101 be pelle ,f()fl01Vinfl Yecipiel1ts, hut tfie yequesteddefh/ery d():,l.inaJior!. (eEl a l5(~vnC!P[esl1 elVS. com 1 F' 7 A .t:-~" ,,' , .~~~ .~. .~ ..~~ Linda .A. :Houtzer from: Sent. 70: Suo/eet. System J:ldministrator (postmaster@naytesnews.eom) 7Uesda~ January 11, 2005 10.:29 .A.M Linda J:l. .HOutzer :Delivered: ClI-2004-J:lR-S746 ~ L::::J CU-2004-AR-5746 <<CU-2004-.:4'R-S74(i>> \jOl! r To: LeBars ('E-ntaiO SUi?iect: CTI-2oo4,-.:A.'R-S74,6 Sent: 'Fue. 11 }an 200S ]();23:14 -Os()() lvas defivered-!:o tf1eloffowinfJ Yec~pienf(s): fcga{s on Tile, 11 Jan 2005 W:2():28 -()SOO 1 7 A ',," ~ 'ijf,.'l . ~t::~ Linda A. :JIoutzer from: Sent: 70: Suo/eet: Linda J:l. :JIOutzer TiLesda]t January 11~ 2005 10:23 A..M LegalS (:E-maiO C1l-2004-AR-S746 (iood:;rvtorninf], :Nea.sc ~l{fv('rtise tlie at lacfiecr noli! e on , }'chruary 6, 2005. 6[J 6[J :U-2004-AR-57 46.CU-2004-AR-57 46.( oc oc IF you flave any questions, prease ",' / 11. '1Iiank you, Li nela :,1\1mutes anJ1{ec()rd~' 1 CU-2004-AR-5746 Page 1 of 1 7A "Ai.... . "': .'~ Linda A. Houtzer From: Sent: To: Perrell, Pamela [paperrell@naplesnews.com] Tuesday, January 11, 2005 11 :06 AM Linda A. Houtzer Subject: RE: CU-2004-AR-5746 OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Tuesday, January 11, 2005 10:23 AM To: Legals (E-mail) Subject: CU-2004-AR-5746 Good 'IV/on I mg, (ul1Jerl isc ale dlladied notice on 5unday. .l'ehr/laY1! 6, LOO). <<C U-2004-AR-57 46.doc>> <<CU-2004-AR-5746.doc>> It "!Oll have an \f q ueslions, 11. 'Than Ii \j () u, Lind~7 .?vfI miles i-HU{ 'JZecords 1/11/2005 Heidi R. Rockhold 7A '!~,~.: , .. ~ .' ~. .: ~i.l.~ From: Sent: To: Subject: Heidi R. Rockhold Monday, January 24, 2005 9:32 AM 'Iegals@naplesnews.com' CU-2004-AR-5746, JESSE HARDY AQUACULTURE PONDS yooa :Morning 'Pam, 'Pfease XILL tfie avcrve mentionea aa tliat is scheau{ea to run on Sunaay, je6ruary 6, 2005. 'l1iis aa wire ve rescheau{ea in .J\.yri{, 6ut there wire ve adi:fitiona{ clianges to it. I am sorry to start you :Monaay off tliis way. If you /iave any questions, p{ease carr me at 732-2646 ext. 7240 'l1iank you, :J{eidi :Minutes ana'Recortfs Heidi Rockhold Heidi R. Rockhold 7A ,~~ ..;; , ..~ , is''./} . "'1~", . .. "*:10 From: Sent: To: Subject: postmaster@c1erk.collier.fl.us Monday, January 24, 2005 9:32 AM Heidi R. Rockhold Delivery Status Notification (Relay) l~~] o r:-.:/l L::J A TT94503. txt CU-2004-AR-5746, JESSE HARDY A... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Heidi Rockhold Heidi R. Rockhold 7A .~. '",,<!II .j , From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, January 24, 2005 9:30 AM Heidi R. Rockhold Delivered: CU-2004-AR-5746, JESSE HARDY AQUACULTURE PONDS r~-,:::;:;l U CU-2004-AR-5746, JESSE HARDY A... <<CU-2004-AR-5746, JESSE HARDY AQUACULTURE PONDS>> Your message To: legals@naplesnews.com Subject: CU-2004-AR-5746, JESSE HARDY AQUACULTURE PONDS Sent: Mon, 24 Jan 2005 09:31:55 -0500 was delivered to the following recipient(s): legals on Mon, 24 Jan 2005 09:29:34 -0500 Heidi Rockhold CU-2004-AR-5746. JESSE HARDY AQUACULTURE PONDS Page I of 1 Heidi R. Rockhold 7A f''ti'tt From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, January 24,200510:23 AM To: Heidi R. Rockhold Subject: RE: CU-2004-AR-5746, JESSE HARDY AQUACULTURE PONDS OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@clerk.collier.fl.us] Sent: Monday, January 24, 20059:32 AM To: legals@naplesnews.com Subject: CU-2004-AR-5746, JESSE HARDY AQUACULTURE PONDS (iooa :Morning 'Pam, 'PCease XILL the above mentionea aa tfiat is sCheau{ea to run on Sunaay, :February 6, 2005. 'This ad" wire be rescheauCea in .:Api' but there wire be aadltiona{ cfianges to it. I am sorry to start you :Mowfay off this way. If you nave any questions, yCease carr me at 732-2646 ext. 7240 'I1i.ank you. 3feidi :Minutes ana 'Re cordS 1/24/2005 fA ;-.!(; j .'~ I Patricia L. Morgan From: Sent: To: Subject: Stone, Winona Monday, January 24, 2005 8:37 AM CThornton@SWFLALAW.com; Patricia L. Morgan FW: Jesse Hardy Executive Summary > -----OrigilUl{ !Jvtessage----- > Prom: stone_w >Sent: Sunday, January 23,20059:47 fi!Jvt > %: ScfimittJosepfi > Cc: jofinson_c; LeaSandra; mudd_i ocfis_{ > Su6ject: Jesse Hardy P.xJcutive Summary > > Cfiris per my recent conversations witfi you and fo[{ow-up conversations witfi Joe Scfimitt, CifYES fidministrator, and Jim !Jvtudd, County!JvtalUlger, a{{ are oft witfi tfie tentative date cliange for tlie CJ3CC presentation from Pe6ruary 22 to !Jvtay 10tli. > > Cfiris, Joe Sclimitt needs you to formalCy request tlie continuation of tfiis item for liis records. 'You may emai{ liim your request for tlie deCay. pfease copy me on tfie emai[" > > 'Trisfi, pfease cancec tlie aa t/iat was goi11{J to run on Sunday, Pe6ruary 6. > Joe, pfease revise date on ''Jvlajor Issues for 'Upcoming CJ3CC !Jvteetings" [isting. > > fi{~ pfease fet me ftnow if you /iave any questions or if you need me to tafiJ any jurtfier action. > WinolUl Wa{fiJr Stone > fissistant to tfie County !JvtalUlger > 'Voice: (239) 774-8383 > P)fX: (239) 774-4010 > r.Emaif: WinolUlStone@co{{iergov.net > ~., r 7A '''.~ ~.. Patricia L. Morgan From: Sent: To: Subject: Stone, Winona Monday, January 24, 2005 9:00 AM Patricia L. Morgan RE: Jesse Hardy Executive Summary 'TTie 5Way 10tli aate is stiff consitferea tentative: I'{[ provUfe you tlie officwl emai{ request for continuance wlien I receive it. 'Tlian/iJ -----Origina[ :Message----- CFrom: Patricia L. :Morgan [mai[to:Patricia.:Morgan@cfer~co[Cier.flusJ Sent: :Monaay, January 24, 20058:43)l:M %: stone_w; CT!iomton@SWCFL)lL)lWcom Su6ject: rJ(<E: Jesse Hanfy ~cutive Summary Winona, We wife get tlie aa canceCea tliat was to run on CFe6ruary 6tli and if tlie :May 10tli is pretty mucli a definite, we can go aliead ana get tlie aa set up to run in )lpriC We wi{[ alSo neea tlie forma { notice of continuation in oraer to ao tliat. CJJianl0ou, rtrisli :Morgan :Minutes el ~cords (])ept. cCer/(}O tlie (j3oara of County Commissioners -----Origina[ :Message----- CFrom: Stone, Winona Sent: :Monday, January 24, 2005 8: 37 )l:M %: CT!iomton@SML)lL)lWcom; Patricia L. :Morgan Su6ject: CFW' Jesse Hardy ~cutive Summary > -----Origina[ :Message----- > CFrom: stone_ w > Sent: Sunday, January 23, 20059:47 )l:M > %: SclimittJosepli > Cc: jolinson_c; LeaSandra; mudd_j; oclis_[ > Su6ject: Jesse Hardy P.Jcecutive Summary > > Cliris per my recent conversations witfi you ana fo[[ow-up conversations witfi Joe Scfimitt, C([YES )laministrator, ana Jim :Muaa, County:Manager, a[[ are oft witli tlie tentative date cliange for tlie (j3CC presentation from CFe6ruary 22 to :May 10tli. > > Cfiris, Joe Scfimitt needs you to forma[ry request tfie continuation of tliis item for fiis recoras. 'You may emai[ liim your request for tfie aday. p[ease copy me on the emai[" > > rrrish, p[ease cancd the aa that was going to run on Sunaay, Pe6ruary 6. > Joe, p[ease revise aate on '?vLajor Issues for Vpcoming CJ3CC 'Meetings" {isting. > > )IIr, p[ease [et me ftnow if you have any questions or if you neea me to taR.! any further action. > Winona Wa{R.!r Stone > }'Lssistant to the County 'Manager > 'Voice: (239) 774-8383 > P)tX: (239) 774-4010 > CEmaiC: WinonaStone@co{fiergov. net > 7A .....~~ . :" I 7A "~ ,>d "1 Patricia L. Morgan From: Sent: To: Subject: Stone, Winona Monday, January 24, 2005 9:43 AM Patricia L. Morgan FW: Jesse Hardy Executive Summary pryy and' action. 11ianRJ Winona -----Origina{ :Message----- Prom: Cliristoplier 1Jiornton [mai{to: ctliornton@swffafaw. com} Sent: :Mond'ay, January 24, 20059:28}l:M To: SclimittJosepli Cc: stone w; illosi:Micliaef Su6ject: eJ{P.: Jesse Hardy ~cutive Summary :Mr. Sclimitt: Our faw firm represents Jesse Hardy witli respect to liis condi'tiona{ use petition, Petition CV-2004-}lCR.::5746. In accon{ance witli my recent conversations witli Winona Stone in tlie County :Manager's Office, and' pursuant to tlie instructions in lier e-mai{ message 6e{ow, I am writing on 6efiaIJ of:Mr. Hardj to request a furtlier continuance of tlie liearing on :Mr. Hardy's condltiona{ use petition, from a tentative d'ate ofpe6ruary 22,2005 to a tentative d'ate of :May 10, 2005. 1Jie reason for tliis request is tfiat it is EiRsfy tliat tlie circuit court liearing 6efore Jud'ge :Monaco regarding tlie State's riglit to taRs titre to :Mr. Hardj's fand' wire 6e d'efayed' 6eyond' tlie origina{fy sclied'ufed'd'ate of Pe6ruary 8, 2005. Counsef for:Mr. Hardj in tlie eminent d'omain matter fiave 6een una6fe to d'ate to 06tain certain d'epositions and'd'iscovery tliat are necessary for tlie court fiearing, and'tlierefore we are confid'ent tliat tlie court liearing is not EiRsfy to occur on CFe6ruary 8, 2005. :Mr. Hardj wouU prefer to find' out wlietlier lie wire retain titre to liis fand' 6efore tlie liearing on liis cond'itiona{ use request, ami tlierefore, on liis 6elialf, I am su6mitting tliis request for continuance. In tlie event tfiat tfie court liean'ng on tfie taRjng occurs pn'or to :May 10, :Mr. Hardy is amena6fe to 1i0Uing tfie condltiona{ use liearing on tlie nqt avaifa6fe illCC agenaa fo{{owing tlie court liearing on tlie taRjng, and'I wire Rsep you informed'regard'ing tlie court fiearing aate. 11ianf0ou for your attention and' consiaeration, and' jeef free to contact me if you liave any questions. Cliris Cliristoplier J. 1Jiornton, P.sq. rrreiser, Co{Eins ~ Vernon 3080 fJ'amiami rrrai{P.ast :Napres, CFforid'a 34112 plione: (239)649-4900 PaJG' (239)649-0823 P.-maif: ctliornton@swjfafaw.com TJ{IS P.-:M}lIL IS }l'fl01?.JI/P/Y-CLIP.Jf['(jXj(IVILP.qP.(/) }l:N(j) COJf['}lI:NS CO:NCFBIYEmI}lL I:NCFOCJ?:}rl}l7!O:N I:Jv7IfE:N(fYE(j) O:NL 'Y CFOeJ{ TJilE CJXECJ?SO:N(S) :N}l:MP.(/) }lillOW. }l:J.fY 0Tff?EeJ{ (/)ISrreJ{IillV7!O:N; CO<JXY1:Nq OeJ{ (j)ISCLOSVeJ{P. IS SrrlJ?JC'TL'Y(jXj(OHIillYJfE(j). ICF 'YoV H}lW eJ{P.c;rEJW(/) TJ{IS P.-:M}lIL I:NP.eJ{eJ{OCJ?. PLP.}lSP. :NCYI1CF'YTJilE SP.:N(fYEeJ{I:M:MP.(/)I}lPEL'Y j13{(j) (fYELP.PE TJilE P.-:M}lIL WITJ{OVrr:M}l1(I:Nq}l COPY. -----OrirJina{ :Message----- Prom: stone_w [mai[to:WinonaStone@co[uergov.net} Sent: 'Monaay, January 24,20058:37 }l:M 7'0: Cliristoplier rr/iornton; Patricia.'Morgan@Cfer~Co{fier. PL. Vs Su6ject: PW' Jesse Jfanfy ~cutive Summary 7A . ::"-rr1. . . . , ,..,.;~ '" ..... :, > -----Origina[ 'Message----- > Prom' stone_ w > Sent: Sunaay, January 23, 20059:47 }l:M > 7'0: SclimittJosepli > Cc: jolinson_c; LeaSandra; mudd_j; ocfis_[ > Su6ject: Jesse Jfardy ~cutive Summary > > Cliris per my recent conversations witli you ana fo[[ow-up conversations witli Joe Sclimitt, (!lYFS }ldministrator, and Jim 'Mudd, County 'Manager, a[[ are ok. witli tlie tentative date cliange for tlie (}3CC presentation from Pe6ruary 22 to 'May 10tli. > > Cliris, Joe Sclimitt needs you to fonna[fy request tlie continuation of tliis item for liis records. ryou may emai[ liim your request for tlie aefay. pfease copy me on tlie emai[ " > > ?:risli, pfease cancd tlie aa tliat was going to run on Sunday, pe6ruary 6. > Joe, pfease revise date on 't.Major Issues for Vpcoming (}3CC 'Meetings" [isting. > > }l[[, pfease fet me k.now if you liave any questions or if you need me to ta~ any furtlier action. > Winona Wa[~r Stone > }lssistant to tlie County 'Manager > 'Voice: (239) 774-8383 > P;tX: (239) 774-4010 > iEmai[ WinonaStone@co{fiergov. net > Ann P. Jennejohn 7A ~ '. .., .. ~; ..' From: Sent: To: Cc: Subject: Martin, Cecilia Tuesday, January 25, 2005 7:36 AM Minutes and Records; Johnson, Connie; Brock, Mary; Filson, Sue Phillips, Sharon; Bellows, Ray; Bosi, Michael FW: Jesse Hardy Executive Summary Please advertise this for the May 10, 2005 BCC rather than the 2/22/05 as petitoiner has requested per E-mail. Petitioner to pay for the BCC advertising fee. -----Original Message----- From: murray_s Sent: Monday, January 24, 2005 12:24 PM To: martin c Subject: FW: Jesse Hardy Executive Summary FYI -----Original Message----- From: SchmittJoseph Sent: Monday, January 24, 2005 12:24 PM To: Christopher Thornton Cc: stone Wi BosiMichaeli murray Si bellows r Subject: RE: Jesse Hardy Executive Summary - Mr. Thornton, Thanks you for alerting us regarding the pending court case. Per the email below, Collier County will continue the item until May 10. By copy of this email I ask that Mike Bosi provide any additional guidance as to advertisement fees, etc. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division 239-403-2385 "It's another great day to serve Collier County!" -----Original Message----- From: Christopher Thornton [mailto:cthornton@swflalaw.com] Sent: Monday, January 24, 2005 9:28 AM To: SchmittJoseph Cc: stone_wi BosiMichael Subject: RE: Jesse Hardy Executive Summary Mr. Schmitt: Our law firm represents Jesse Hardy with respect to his conditional use petition, Petition CU-2004-AR-5746. In accordance with my recent conversations with Winona Stone in the County Manager's Office, and pursuant to the instructions in her e-mail message below, I am writing on behalf of Mr. Hardy to request a further continuance of the hearing on Mr. Hardy's conditional use petition, from a tentative date of February 22, 2005 to a tentative date of May 10, 2005. The reason for this request is that it is likely that the circuit court hearing before Judge Monaco regarding the State's right to take title to Mr. Hardy's land will be delayed beyond the originally scheduled date of February 8, 2005. Counsel for Mr. Hardy in the eminent domain matter 1 have been unable to date to obtain certain depositions and discovery that are necessary for the court hearing, and therefore we are confident that the court hearing is not likely to occur on February 8, 2005. Mr. Hardy would prefer to find out whether he will retain title to his land before the hearing on his conditional use request, and therefore, on his behalf, I am submitting this request for continuance. In the event that the court hearing on the taking occurs prior to May 10, Mr. Hardy is amenable to holding the conditional use hearing on the next available BCC agenda following the court hearing on the taking, and I will keep you informed regarding the court hearing date. Thank you for your attention and consideration, and feel free to contact me if you have any questions. Chris Christopher J. Thornton, Esq. Treiser, Collins & Vernon 3080 Tamiami Trail East Naples, Florida 34112 Phone: (239) 649-4900 Fax: (239) 649- 0823 E-mail: cthornton@swflalaw.com THIS E-MAIL IS ATTORNEY-CLIENT PRIVILEGED AND CONTAINS CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED ABOVE. ANY OTHER DISTRIBUTION, COPYING OR DISCLOSURE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DELETE THE E-MAIL WITHOUT MAKING A COPY. -----Original Message----- From: stone w [mailto:WinonaStone@colliergov.netJ Sent: Monday, January 24, 2005 8:37 AM To: Christopher Thornton; Patricia.Morgan@Clerk.Collier.FL.us Subject: FW: Jesse Hardy Executive Summary > -----Original Message----- > From: stone w > Sent: Sunday, January 23, 2005 9:47 AM > To: SChmittJoseph > Cc: johnson_c; LeaSandra; mudd_j; ochs_l > Subject: Jesse Hardy Executive Summary > > Chris per my recent conversations with you and fOllow-up conversations with Joe Schmitt, CDES Administrator, and Jim Mudd, County Manager, all are ok with the tentative date change for the BCC presentation from February 22 to May 10th. > > Chris, Joe Schmitt needs you to formally request the continuation of this item for his records. You may email him your request for the delay. Please copy me on the email." > > Trish, please cancel the ad that was going to run on Sunday, February 6. > Joe, please revise date on "Major Issues for Upcoming BCC Meetings" listing. > > All, please let me know if you have any questions or if you need me to take any further action. > Winona Walker Stone > Assistant to the County Manager > Voice: (239) 774 -8383 > FAX: (239) 774-4010 > Email: WinonaStone@colliergov.net > 2 7A .~..- ~.:.:.. ~~' ..... ..'.. -::-.1 '.' 7A '7'.. o' . g , ":.' t~1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 10, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2004-AR-5746, Jesse J. Hardy represented by Richard H. Thompson, P.E., requesting Conditional Use #1 of the "A" Rural Agricultural District for excavation of ponds in conjunction with the per.mitted use of Aquaculture. The property is located approximately two miles south of I-75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160 +/- acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) 7A ~. January 24,2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds Dear Pam: Please advertise the above referenced notice on Sunday, April 24, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank: you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O.!Account # 113-138312-649110 Dwight E. Brock Clerk of Courts ;~oup.ty_-_~feollier . , CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURmOUSE 330 i T AMIAMI TRAIL EAST . P.O. BOX4e3044 NAPLES, FLORIDA 34101-3044 :// ' ~~, :1;e: f i 7A ;.~ '. i.!. . Clerk of Courts Accountant Auditor Custodian of County Funds January 24, 2005 Richard H. Thompson, P.E. 319 Inman Street Lehigh Acres, Florida 33972 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-5746 Jesse Hardy Aquaculture Pond Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 10, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 24, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 'It~: ~~~~~~~c Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.fl.us Fax-(239) 775-2755 Email-collierclerk@clerk.collier.fl.us 7A ...,:,,~., i-i Dwight E. Brock Clerk of Courts '~Oll{lt~-._~f e-611ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 330i TAMlAMIT.RAILEAST . P.O. BOX 4~044 NAPLES, FLORIDA 34101-3044 ~i< ' ..,ih '1.r'"! Clerk of Courts Accountant Auditor Custodian of County Funds January 24, 2005 Jesse J. Hardy 6000 Naomi Street Naples, Florida 34117-2626 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-5746 Jesse Hardy Aquaculture Pond Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 10, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 24, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK rt::.- ~:k~~erk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax-(239) 775-2755 Email-collierclerk@clerk.collier.fl.us Heidi R. Rockhold 7A ;~~ ~ From: Sent: To: Subject: Heidi R. Rockhold Monday, January 24, 2005 1 :50 PM 'Iegals@naplesnews.com' CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds (REVISED) 3fi Pam, p{ease ad"vertise th.e aEove mentioned" notice on sund"ay, .:Ayri{ 24, 2005. ~ ~ :U-2004-AR-57 46.CU-2004-AR-57 46.( oc oc If you liave any furtlier questions, p{ease carr me at 732-2646 ext. 7240 'l1iank yo~ 3feidi Minutes and" 'RecordS Heidi Rockhold Heidi R. Rockhold t.., 4 From: Sent: To: Subject: postm aster@clerk.collier.fl.us Monday, January 24, 2005 1 :50 PM Heidi R. Rockhold Delivery Status Notification (Relay) ~ [2]"--- '-.. ./ " ,.' A TT98565. txt CU-2004-AR-5746, Jesse Hardy A... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Heidi Rockhold 7A .~. " ~.I; Heidi R. Rockhold From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, January 24, 2005 1 :48 PM Heidi R. Rockhold Delivered: CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds (REVISED) B" / "., ,<" -' CU-2004-AR-5746, Jesse Hardy A... <<CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds (REVISED)>> Your message To: legals@naplesnews.com Subject: CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds (REVISED) Sent: Mon, 24 Jan 2005 13:50:05 -0500 was delivered to the following recipient(s): legals on Mon, 24 Jan 2005 13:47:55 -0500 Heidi Rockhold CU-2004-AR-5746. Jesse Hardy Aquaculture Ponds (REVISED) Heidi R. Rockhold From: Perrell, Pamela [paperreli@naplesnews.com] Sent: Monday, January 24, 20054:40 PM To: Heidi R. Rockhold Subject: RE: CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds (REVISED) ok -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collier.fl.us] Sent: Monday, January 24,2005 1:50 PM To: legals@naplesnews.com Subject: CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds (REVISED) J-{i 'Pam, 'PCease ad'vertise the above mentionea notice on Sunday, .JVrri{ 24, 2005. <<CU -2004-AR-5746.doc>> <<CU -2004-AR-57 46.doc>> .if you have any furtfier questions, yCease carr me at 732-2646 ext. 7240 'IFiank you, :;{eidi .Minutes ana'Recoras 1/2412005 " Page I of I 7L~' Page lof2 Patricia L. Morgan 7A '1';:~ .:::...... .... From: Martin, Cecilia Sent: Tuesday, February 08, 20058:33 AM To: Minutes and Records; Johnson, Connie; Bedtelyon, Linda Cc: Bosi, Michael Subject: FW: Jesse Hardy Please advertise for 4/26/05 rather than the last E-mail requesting 5/10/05. Thanks. n---Original Message---n From: BosiMichael Sent: Tuesday, February 08, 2005 8: 17 AM To: martin_c Subject: FW: Jesse Hardy CC, Hardy CU-2004-AR-5746, has been changed again to 4-26-05 BCC. Thanks, mike -----Original Message---n From: stone_w Sent: Monday, February 07, 2005 5:22 PM To: 'Christopher Thornton'; SchmittJoseph Cc: BosiMichael Subject: RE: Jesse Hardy Joe please change on the Major Upcoming BCC Agenda listing to April 26 meeting. -----Original Message----- From: Christopher Thornton (mailto:cthornton@swflalaw.com] Sent: Monday, February 07, 20055:11 PM To: stone_w; SchmittJoseph Cc: BosiMichael Subject: RE: Jesse Hardy Mr. Hardy would prefer the 26th. If we do it on the 12th, everyone involved will need to "gear up" and get prepared, and then there is a chance that the state will take title to the land at the hearing on the order of taking on April 8. All of the time getting ready for the conditional use hearing will have been wasted. But if we schedule the conditional use for the 26th, we can all probably wait until after the taking hearing to make final preparations for the conditional use hearing. So if it is acceptable to the County, Mr. Hardy would prefer a conditional use hearing date of April 26. Thanks, Chris Christopher J. Thornton, Esq. Treiser, Collins & Vernon 3080 Tamiami Trail East Naples, Florida 34112 Phone: (239) 649-4900 Fax: (239)649-0823 E-mail: cthornton@swflalaw.com THIS E-MAIL IS ATTORNEY-CLIENT PRIVILEGED AND CONTAINS CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED ABOVE. ANY OTHER 2/8/2005 P<;lge 2 of2 ; 1A DISTRIBUTION, COPYING OR DISCLOSURE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DELETE THE E-MAIL WITHOUT MAKING A COPY. .'~ . .~~ -----Original Message----- From: stone_ w [ma i Ito: WinonaStone@colliergov.net] Sent: Monday, February 07, 20054:52 PM To: Christopher Thornton; SchmittJoseph Cc: BosiMichael Subject: RE: Jesse Hardy Chris. do you want to re-schedule for the BCC meeting April 12 or 26th? Thanks for keeping me apprised. Winona -----Original Message----- From: Christopher Thornton [mailto:cthornton@swflalaw.com] Sent: Monday, February 07, 20054:42 PM To: SchmittJoseph Cc: BosiMichael; stone_w Subject: Jesse Hardy Mr. Schmitt: I am writing as a follow-up to my recent request to continue the hearing date on Mr. Hardy's earth mining conditional use petition due to a likely continuance of the circuit court hearing on the order of taking. The county manager's office agreed to my request for the continuance, and I told you that I would keep you advised concerning the status of the circuit court hearing on the order of taking. Today during a motion hearing held at 1 :30 pm, Judge Monaco did continue the hearing on the order of taking for 60 days to allow the parties to finish discovery. Therefore, the hearing on the order of taking should occur 60 days from tomorrow, or about April 8, 2005. Please feel free to contact me if you have any questions, and thank you for your assistance and consideration. Chris Thornton Christopher J. Thornton, Esq. Treiser, Collins & Vernon 3080 Tamiami Trail East Naples, Florida 34112 Phone: (239) 649-4900 Fax: (239) 649-0823 E-mail: cthornton@swflalaw.com THIS E-MAIL IS ATTORNEY-CLIENT PRIVILEGED AND CONTAINS CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED ABOVE. ANY OTHER DISTRIBUTION, COPYING OR DISCLOSURE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DELETE THE E-MAIL WITHOUT MAKING A COPY. 2/812005 .Linda ..Jl. :J-IOutzer - from: Sent- 70: Suo/eet- (iooc.{ :Morni nfl, .Linda..Jl. :J-IOutzer 7Uesda~ fefffuary O~ 2005 JO:21..:4...M .LegalS (I-mait) :Ki.L.L ..Jl2J f 7 A .. ".: 4i:~ P(ease lii{{tf1e adjor C'U-2004-.J\1{-5746 thai. lvas tonll1 on Sunday, .J\yri{ 24, 2005. It lias once aqall1 [jeen rescfieL{Ld~!d: { Tria nk you, L h, d~7 .:"'1 i 11 utes an (I l?e c or (.L;' 1 Linda A. Y-IOutzer 7A . .\~ .,,~ from: Sent: 70: Suo/eet. yostmaster@clerk.cofller:lt:us Titesda~ fefiruary O~ 2005 IO.:2I A5W Linda A. Y-IOutzer :Delivery Status .NOt!fication (:Retay) I~..~ B D ATT170151.txt KI LL AD J{j IS IS ~711 a u tOln~t.!.ICiLrz1.1 i/!}f1cra led 'Defiverll Stal uS'/voti(i(at ion. _ l,__ _. ljolAr message lias heen suc(essfull1.f ref(I\j<'dto the f()fl(nvinfl yccipients, hut the requesteddcfivery 'tatus 110/ IflcatlOJ1s IIhltj /lot he /wncratcu{hy t{je d('s!,inaU0l1. { ('Hd L,i.J: nap{(:'sl1 (,ws.com 1 Linda A. .:J-IOutzer 7A '" ::~.:; .~~~ from: Sent: 70: Suo/eet: System Administrator (postmaster@nqpfesnews.com) 7Uesda~ february o~ 2005 -10.78 ..JLM Linda A. .:J-IOutzer Vetlyered: :KILL AV r~m?1 L::..J KI LL AD <<.'KILL .>tD>> l/our l"l1essdi/e T'o: 1.Cl:7o'-' (1-maiO Sul1jec t: :1\.11.1.'4 '1) Sent: Tue, 8 .'Fef} 20(15 [():n:04 -Oe;OO was d;divcred- to the j(J{DnviIlB recipient(s): lefldL~ 011 'Tue, <3 :Feb .200e; 10: 18:13 -OSO() 1 KILL AD Page 1 of 1 7A <ifl Linda A. Houtzer From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, February 08,200510:32 AM To: Linda A. Houtzer Subject: RE: KILL AD It sure would help if you wouldn't send these so far in advance. It's just wasting our time putting them in, then killing them. Can you Help??? Thanks - Pam -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Tuesday, February 08, 2005 10:21 AM To: Legals (E-mail) Subject: KILL AD (jOOl,-{.'AlorniYLf}; 1J{ease lii{{ the adf<)1' C'U-2004-.JtR-S746 that1vas to run on Sunday, 54.yri{ 24, 2005. It 11 CIS once aqa in been rescliedil{(!d: c Tria.nft? ljOU; L ilUli1. . ]vli fLutes a l1c( R.ecord;' 2/8/2005 Linda .;zz. J-IOutzer 7A ";",1 . ,.~ from: Sent: 70: Suo/eel' yostmaster@eferk.eofllerft:us :JUesda~ feliruary o~ 2005 ./0.',52 AM Linda .;zz. J-IOutzer :Delivery Status .NiJt!fieation (:Rgtay) l~.~ B G A TT170947.txt RE: KILL AD Iii IS IS an a u!OInaflcai{\j qenerated'DeflvcY1l 5'tatlls'lV()li,ILcat ion. ~ {-. ~ your message has been sl/ccess{ulhf rel~l\jedto U1e6l/lrn\'iI1B /ecipiell/s, hut ttie re(rucs/edd(~nvery slalus 1l011(uaU0l1s IIIUYf)O! /1e [leneraledhy the d('sllna.l.lOll. pape rre{{,(Dl1ap(csl1e H/S.('OI11 1 7A February 8, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2004-AR-5746, Jesse Hardy Aquaculture Ponds Dear Pam: please advertise the above referenced notice on Sunday, April 10, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O.jAccount # 113-138312-649110 't:"" ~. <, </- ; ,,;.; .;:;~ i 7 A .il NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 26, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2004-AR-5746, Jesse J. Hardy represented by Richard H. Thompson, P.E., requesting Conditional Use #1 of the "A" Rural Agricultural District for excavation of ponds in conjunction with the permitted use of Aquaculture. The property is located approximately two miles south of I-75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160 +/- acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Linda A. Houtzer, Deputy Clerk (SEAL) 71. :~~~ Dwight E. Brock Clerk of Courts Co~t~JJfeollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 T AMIAMI TRAil.. EAST . P.O. BOX 41:3044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds February 8, 2005 Richard H. Thompson, P.E. 319 Inman Street Lehigh Acres, Florida 33972 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-5746 Jesse Hardy Aquaculture Pond Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 10, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Q.~.bQ.. Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.fl.us Fax-(239) 775-2755 Email-collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'C(ii!pty-'of-C~llJier ~ ,.....-. '. CLERK OF THE GIRCUIT COURT '-- , COLLIER COUNTY qoURTItOUSE 3301 TAMIAMI TJ;{AIL EAIST . P.O. BOX 4~~044 \, NAPLES, FLORIDA ~~lOl-30~A '....1" ; ~< I 7A ~~:~ ,,;X,:~:!:.< :::-~: ~;.:,.~. Clerk of Courts Accountant Auditor Custodian of County Funds ". r ;)--;.1 February 8, 2005 Jesse J. Hardy 6000 Naomi Street Naples, Florida 34117-2626 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-5746 Jesse Hardy Aquaculture Pond Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 10, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ a,~.k Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierc1erk@c1erk.collier.fl.us .Linda..Jl. :JIOutzer 7A ,;:.tl. from: Sent. '70: Suiject- .Linda ..Jl. :JIOutzer ruesda}h february o~ 2005 JO:55 ..:4:M .LegalS (I-mait) C1/-2004-..Jl:R-S746 (food' '.Morning, :Pfeasc aJr{'f'tisc Ilie attachcJ notice on Sundii}, /lprif10. 2005. 6[1 6[1 :U-2004-AR-57 46.C U-2004-AR -57 46.c oc oc ~rYOll fi<lI:c any questions, pfeasc cdf 774-8411. 7ha n (I! 0 U" L iud;i >'v1inulcs anJCXrcorJs 1 7A ~ ;...,,~. I..."... .. .. '," ~:~y: Linda ..Jl. :J-IOutzer from: Sent. 70: Suo/eet. yostmaster@cferfi.collierfi:us 7Uesda~ fefiruary o~ 2005./0:55 YLM Linda ..Jl. :J-IOutzer :Deliyery Status .NOt!fication (:Retay) I~ [J A TT170652.txt CU-2004-AR-5746 This IS un (nllmnatlcafl\! /lCI1(Tul cd})cln'cyy St,ulus'NoU(ical iOIl. l!OUYn1CSsu,qC lias {1CCI1 SlicccsS{iLILt! rC{~I\jedto IhcJ()llcnvil1!J ledjnenls, hutlhe yequcslcddi'!1>'(,YY stalus 1101l{fcallOns 1/1U\j nol {1C f/eneratedFy the d(J,UnaJiol1. !('!J iJ (~@l1ap{esl1 e1V s. com 1 7A ( .~ -j L:inda ..:4. :J--IOutzer from: Sent: 70: Suo/eet. System ..:4dministrator (jJostmaster@nqptesnews.eomJ Titesda]h february O~ 2005 ./0:52 ..:4..M L:inda ..:4. :J--IOutzer :Deflvered: CV-2004 -..:4:R -5746 [J CU-2004-AR-5746 <<( -'U-2() (q-jl'R 'S7 ljOl! r l71e'Sape To: [J'BLl{,~ {'E-lnaiO Sul7fec t: C'U, ,l()()4 ,,:\R-57.-16 Sen t: Tile, 8 }'etJ 200S W:S4:3S -osoo was ddivcled' to the J1J/llY\\'ll1g rccipient(s): (eflal;' 011 'rue, 8 ,Tcb .!ous /O:SI:S1 -U500 1 CU-2004-AR-5746 Page 1 of 1 7A .~ 1 Linda A. Houtzer From: Sent: To: Perrell, Pamela [paperrell@naplesnews.com] Tuesday, February 08, 2005 11 :20 AM Linda A. Houtzer Subject: RE: CU-2004-AR-5746 OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Tuesday, February 08, 2005 10:55 AM To: Legals (E-mail) Subject: CU-2004-AR-5746 gooa :Morni1Lfj, Trease a,/r;ertise tIll.? attaclic,{ notice on SunJa},/lprir 10, 2005. <<GU-2004-AR-5746.doc>> <<GU-2004-AR-5746. doc>> ~f YOlt {ian' any questions, preasc carr 77.1X.J1]' 'lha n ()lOll, Lindf! :Minlltes an,{:J<rcords 2/812005 Naples Daily News Naples, FL 34102 11 Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- AD SPACE: 108.000 INCH FILED ON: 04/11/05 --------------------------------------------------+----------------------- Signature of Affiant / - ~ Sworn to and SUbscribe~, ~ef~re me this 11.& day fi7J-,f (~f-^,--Q 20 c)5 Personally known by me 4/~t jJA~~ ""'_AK-l)741i NOTICE Of' PUBLIC HlAAlNG Notice Is hereby given that the BoarcI,of COunty Commls.lllneu of COI' lIer C~,wl!l hold a public hearl"" on Tues- day, April 2," 2005~ In the Boardroom. .srd Floor, Administration Bulldlnll, COllier Coul'!tY Governmenf Center, 33D1 East TamlamlTrliIl. Naples. Florida. The meetlnll will begin at 9:00 A.M. The Board will consider Petition CU-2004-AR. 5746, Jesse J. ~rep. resented by Rlch4l'd H. Thompson. P.!.. request-. ~~ll~O~.!t~'=n:rtt turai District fOr excava- tion of ponds III con.' Junction with the per- mitted use of Aquacul.! ture. The property Is' 10- cated,app.r~~y two miles south of 1-75 and one mite llUtof EV. erglades Bouleva,." In SectIon 16, TownshIP 50 South. Range 28 East. CollIer COunty, Florida, 1 and con./sts of 1&0 + /- acres. NOTE: . All I'ersons wish- Ing to "peak on any lIlIincIa Item rl1U$ regls. ter. wlttl the Cou!ltY Ad. mlnlstrator !ltlor to 'pre- sentatlon of the agenda Item to be addr"..d. Individual speakeriwlll be limited to 5 minutes ~~n~ '='nd~s:ltlf~ speak 01'1 lMtIalf of an organlzatlon'or group Is e,oeo",raged., If reeoll'l nlzed by the ChaIr. a spokesperson for a group or ,Organization, may be allOttlcll0 min.: utes',to speak on an Item.' ! :~ ~~:~~~~m~~ thel~ ag8ndapack. ~S:~~I~ ~:=II~O=l::~: In"MY ~ writteAma. terlals Intended to be considered by the Board shall be submitted to thellpprOprllrte' "County staff a mlmmumof sev. en days prior to the pUblic hearing. Alima. terlal used In presenta- tions betore the Board will become '.perma- n_ tNll"t ott.he record. Any per54>n Who decld~ ~ ~a=:.~o~ recon! of the proceed- Inlls ~rta.lnlng thereto a~d.th~""fote.may nee to .riswrethat a verlilatlmreClWt of the pro,cee4mg, Is made. which record Includes the testimony and evl- denclll",pon Which the appeal s baselt. BOARD OF COUNTY COMMlstSONERS , COLLIER COUNTY, FLORIDA FRED COYLE. CHAIRMAN DW.lttHT E.BROCK, CLERK ' .' . By: tlnda A. Houtzer, rslA'tr CIeI1< Apr. 10 No. 938646 BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58992853 113138312649110 CU-2004-AR-5746NOTIC State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 04/10 ; 1,.!rn€"T. c~USJjG-r:,'~.1 ~<\.i CO,vifv:iSS;OI\~ /:5 ~)D23~68t i:X;.'j~j< J~IV 24, 200? pnl FA!~~ l~tSI:P!}NU, IN( ~eso.,2oo5 - l- ~S ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I.' Z A Print on pink pape:!!~ ~~~~C~~n~~g~!~m~~~~!e~~~~~~!:~ ~~~~~~c~~~o~~~~~u~n~~and 0 ginaf' documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the - exception of the Chainnan's signature, draw a line throueh routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1.SANDRA LEA CDES ADMINISTRATION ~.55L 5-3-05 ~. - 2. \ / 3. X 4. // ~, / 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff MIKE BOSI Phone Number 659-5745 Contact Agenda Date Item was 4-26-05 Agenda Item Number 7A Approved by the BCC Type of Document RESOLUTION WITH EXHIBITS Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro date. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. \^P\ ~ ,...,..zl3 ."? i""'Y v 'r9 .-::' ~ -\ .? \H'i.( " ("\(0 1: Fonns! County Fonns! BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 "w_"",..-,__"._".;,_..""..~_,,,..~.,.,~.; ",_,~"__"",_~,,,,,,,...,,._",",,,_,-.,~,;,,,,..,,,,,..''''~,,,_,,,,,,,,_,"'_e_"',"'"'__.'''''__''M"'~,'''''''__'''''''-''''''''"'''''''''''''''''''''''''''_''',,,,,,,-,,,"'-"~-'.~ .- .. Date: May 3, 2004 To: Mike Bosi, Planner From Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-175 Enclosed please find one copy of the document referenced above, Agenda Item #7A), approved by the Board of County Commissioners on Tuesday, April 26, 2005.. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure 7 A'';~' 7A .t:'.:.,~ " .",' , .- RESOLUTION NO. 05 - 175 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE WITHIN THE "A" RURAL AGRICULTURAL DISTRICT FOR THE OFF-SITE REMOVAL OF EARTHEN MATERIAL IN CONJUNCTION WITH THE PERMITTED USE OF AQUACULTURE PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 28 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 the conditional use for off-site removal of earthen material in conjunction with the permitted use of Aquaculture as provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in an "A" Rural Agricultural 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 Section 10.08.00 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by the Florida Department of Environmental Protection representing the Board of Trustees of the Internal Improvement Trust Fund with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein 1 7A . be and the same is hereby approved for a conditional use for off-site removal of earthen material as provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in the "A" Rural Agricultural Zoning District and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated 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. \..... A Done this ) LP day of p r.\ \ , 2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: '1uLW. ~ FRED W. COYLE, CHA N ,CK, CLERK ,j ~~"" t1..; ,~, , ~:,:\~'~~:;. \ be. I ~A (.1n.~~'/. Marj rie M. Student-Stirling .) Assistant County Attorney CU-2004-A R-57 46/MB/sp Item # 7A t.f.Zb '0.5 Agenda Date tx:... 2 7A .. FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION . FOR. A CONDmONA.L USE PETITION FOR CU-2004-AR-5746 The fonowiD.g facts are found: . , 1. Section 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will .not adv~sely affect the public interest and . will not adversely affect other property or uses in the same district or neighborhood because of: A Gonsistency with the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed s1ructures 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, gJ.afe, economic or odor effects: _ No aff~ or _ Affect mitigated by Affect cannot be mitigated - D. Compatibility with adjacent properties and other property in the district: . Co~patible use~ct . Yes~ Based. on the above flncling.q, this conditional. use should, with stipulations, (copy attached) (should not) be recommended for approval O(..;'tJ\ 10 b41~ ( r CHAIRMAN: DATE: . EXHIBIT A Legal Description - CU-2004-AR-5746 NW 14 OF SECTION 16, TOWNSHIP 550 SOUTH, RANGE 28 EAST OF COLLIER COUNTY, FLORIDA Exhibit "B" 7A 7 A~'1 CONDITIONS OF APPROV AL CU-2004-AR-5746 This approval is conditioned upon the following stipulations: 1. No expansion or changes shall be permitted to the scope of this conditional use authorization. 2. The term of this conditional use approval shall be for the limited purpose of hauling off the stockpile material already excavated on the property above ground and shall expire no later than November 30,2005. 3. No mining or excavation shall be permitted. 4. All excavating machinery and equipment not associated with the removal of the stockpile material shall be removed from the property within sixty (60) days of Board of Zoning Appeals approval. 5. A designee of the Collier County Community Development and Environmental Services Division shall periodically visit the property to ensure compliance with all terms of this conditional use. CU-04-AR-5746 CONDITIONS OF APPRO V AL EXHIBIT "C" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 7a ~.'~'f , ~1 i . To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv., location, etc.) Other: *************************************************************~*******~********************************* c a:- W\.Q},'::\.(VlIV\,/V yf..( ",(.,\A. Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Date: yjO / (,,,,:; Petition No. (If none, give brief description): CU-2004-AR-6671, Boca Bargoons Petitioner: (Name & Address): Davidson Engineering, Inc., Kelly Smith, 2154 Trade Center Way, #3, Naples, Fl. ~ci\ Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Stan Stouder, 8771 College Parkway, Ft Myers, Fl 33919; Boca Bargoons Of Naples Inc.,3030 Castle Pines Dr., Duluth, Ga. 30097 , '::::"'""'\ Hearing before BCC ( BZA) Other -....---- Requested Hearing date: April 26, 2005 Based on advertisement appearing IS days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU-2004-AR-6671, Boca Bargoons of Naples, Inc., represented by Kelly Smith, of Davidson Engineering, Inc., requesting a Conditional Use for permitted personal services, video rental or retail uses with more than 5,000 square feet of gross floor area in the principal structures in the C-3, Commercial Intermediate Zoning District, pursuant to Table 2 of Sction 2.04.03 of the Collier County Land Development Code (Ordinance No. 2004-41). The subject property, consisting of 2.53 acres, is located at 4403 Tamiami Trail East, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: ~~4do) epartment Head~ do Date Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ - \ .05 Date of Public hearing: L-f-gJ,.' 0 S Date Advertised: ~ -I D .. 0 5 7~ .', RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, APPROVING A CONDITIONAL USE IN THE C-3, COMMERCIAL INTERMEDIATE ZONING DISTRICT, FOR PERMITTED PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES (EXCLUDING DRUG STORES) WITH MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA FOR THE PRINCIP AL STRUCTURES, PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NO. 2004- 41, AS AMENDED) FOR PROPERTY LOCATED IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the 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 Conditional Use in the C-3, Commercial Intermediate Zoning District, for permitted personal services, video rental or retail uses (excluding drug stores) with more than 5,000 square feet of gross floor area for principal structures, pursuant to Table 2 of LDC Section 2.04.03, on the subject property as described in Exhibit "B", and the Collier County Planning Commission has found as a matter of fact in Exhibit "A", attached and incorporated by reference, that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with LDC Section 10.08.00.D; 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. Page 1 of2 7~ ,';' . .::-: ;';4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Kelly Smith of Davidson Engineering, Inc., CU-2004-AR- 6671, representing Boca Bargoons of Naples, Inc., with respect to the subject property described as: Exhibit "B", attached and incorporated by reference, be and the same is hereby approved for a Conditional Use in the C-3, Commercial Intermediate Zoning District, for permitted personal services, video rental or retail uses (excluding drug stores) with more than 5,000 square feet of gross floor area for principal structures pursuant to Table 2 of LDC Section 2.04.03 in accordance with the Conceptual Master Plan, Exhibit "C", attached, and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated 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: FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK DEPUTY CLERK Patrick G. ite Assistant County Attorney CU-2004-AR-667I, Boca Bargoons/HW/sp Page 2 of2 7e ...1 . . 0.1- .~ Exhibit "A" CONDITIONAL USE FINDINGS CU-2004-AR-6671 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 have been made concerning the following matters, where applicable: 1) General compliance with the comprehensive Plan. 2) 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. 3) The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4) General compatibility with adjacent properties and other property in the district. 7e ~..~ .;4 .~.~1I .',' Exhibit "B" LEGAL DESCRIPTION Commencing at the southeast corner of Section 13, Township 50 South, Range 25 East, Collier County, Florida; run North 1 0 35' 20" West 149.72 feet along the East boundary of said Section 13 to the Northeasterly right-of-way line of U.S. 41; thence North 39005' 20" West 1,885.65 feet along the Northeasterly right-of-way line of U.S. 41 to the Point of Beginning; thence North 390 05' 20" West 275 feet along said line; then North 500 54' 40" East 400 feet; then South 390 05' 20" East 275 feet; thence South 500 54' 40" West 400 feet to the Point of Beginning. ,; -z-- ~:~ ~~~ '\ Exhibit "e" I:!'" ~ iiloj; "S ,~;!: 1 J j 11~~i~~ :;;~I~~~I i~ {ji~~ ~€ 11ll;1i;1i 'liO~:g'li1i!' ~~sU€~ S ,. ~ : ~ ~ ~ zI!.H~!.j ol~ cri~ "I3:f i=dl~~l! 3~II~ ~..!'li~.~i~ "'&[~~ ~nfifj~2' ~~~~~ gs~~]!l~~n ..U~~~ -1rf!~~hl (!)222~2 <(' 'Jl 'Ii Z 1;1-1-1- f~ib],g -tzll:;ififfiffi ~8Ld~~!i 2~n~~ I I li;:1 +-.4 z ~ o Cl ~HH 0::: d -.l;l co '" oj w " I- , 3 (i) f~ II ~IP" i=" En ~ ;1_ Cl ~ >< ]I, : ]I w ~ w{E. en S;: c:i @ W ~ g ~ . a filg ~lli ii!~l:lg;~@@ _lL U)....,..:JwQ;c ::>~ W~"QO~:J5 0< ~ wii!o.og :J o._QIIlIllii!lt WO U)a>WU')MM O::~LL~~~~~~~ (!)N~IIlIlllllll~WW a:i1Sf2WWO<~~ ~~tri~~~~5;o..CL. ~;~~~5i~~cici ~~~~J~~:g~~ a..ii!ii!l(l~~~~gg <EJ ,,,.,11 " "", .' " ,,' / " " " " ,',",. ,/ ;" " " ,/.~~" ..",' of>' ,T ".;r // ~ ,,,,,' .../ " ,,' /' , ,'I 1 0'" (,,)~ z~ -~ ..ii! c,,9 ZIL. _Ul a:~ '" w~:!! WZ :2 z"'lll _~cn c,,~a. Z>~ W~IL" z~~1 Oz.... ' ",w"'o ""U In Z .... W cnc:i -9"'- -ii!!::!..)- >1- w::! CC~~~ ....~ :1:0 W-No..ZO" O! tI);:: a~~ ~.;; Q~ ~ c; 0: ;; .- ~O) UIlla;8 ~ i,;:;l:ll (f.I ~,!. ~o.e-! oJ 1l. !!.lll l;: s'::! C!. "';sit E: ., Exhibit "D" Proposed Conditions of Approval 1. The conditional use is limited to what is shown on the conceptual site plan, identified as "Boca Bargoons Conditional Use Exhibit", prepared by Davidson Engineering, Inc, last revised December, 2004. The site plan noted is conceptual in nature for conditional use approval. The final design shall be in compliance with all applicable federal, state, and county laws and regulations. 7i> 7A3 .,. ., April I, 2005 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2004-AR-6671 Boca Bargoons Dear Pam: Please advertise the above referenced notice on Sunday, April 10, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O.lAccount # 113-138312-649110 NOTICE OF PUBLIC HEARING 713 ~;,;..;~! Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 26, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2004-AR-6671- Boca Bargoons of Naples, Inc., represented by Kelly Smith, of Davidson Engineering, Inc., requesting a Conditional Use for per.mitted personal services, video rental or retail uses with more than 5,000 square feet of gross floor area in the principal structures in the C-3, Commercial Inter.mediate Zoning District, pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code (Ordinance No. 2004-41). The subject property, consisting of 2.53 acres, is located at 4403 Tamiami Trail East, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Linda A. Houtzer, Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts .Ce~t~!JfeolJ.ier CLERK OF TIlE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIT.. EAST . P.O. BOX 41'3044 NAPLES, FLORIDA 34101-3044 .~~ 7e ..i.~ '''1, Clerk of Courts Accountant Auditor Custodian of County Funds April 1, 2005 Boca Bargoons Of Naples Inc. 3030 Castle Pines Drive Duluth, Georgia 30097 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-6671: Boca Bargoons Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 10, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a.~,iJG. Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.ft.us Fax- (239) 775-2755 Email-colIierclerk@clerk.collier.ft.us Dwight E. Brock Clerk of Courts ~eup, typfCollier ,- , CLERK OF THE CIRCUIT COURT COLLIER COUNTY GOVRTHPUSE 3301 T AMIAMI ~ EAST . P.O. BOX 41:3044 NAPLES, FLORIDA 3:4101-3044 '~}~ i ....i~:;' 1,t") 7fJ '.';',<1 Clerk of Courts Accountant Auditor Custodian of County Funds ;;,- April I, 2005 Kelly Smith Davidson Engineering, Inc. 2154 Trade Center Way, #3 Naples, Florida 34109 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-6671: Boca Bargoons Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 10, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ a.~,~. Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Web site- www.clerk.collier.fl.us Fax-(239) 775-2755 Emai1-collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts ~e~t~~!Jf-eollier CLERK OF THE CIRCUIT COURT COLLffiRCOUNTYCOURTaOUSE 3301 TAMIAMI 'I'R.AIL E~ST . P.O. BOX4lj044 NAPLES, FLORIDA 31101-3044 ~:"'i" 4 7e ~~i f1r; Clerk of Courts Accountant Auditor Custodian of County Funds April I, 2005 Stan Stouder 8771 College Parkway Ft. Myers, Florida 33919 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-6671: Boca Bargoons Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 10, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a~,k Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@c1erk.collier.fl.us L~A. H.out~ 7~ from: Sent: 70: Suo/eet: Linda Yl. :JIOutzer frida~ Ylyrit O.l~ 2005 .1.1.'44 YL:M LegalS (E-maiO 2Joca 2Jalpoons (Jood'~v!onl111gJ :P[ease ad-roertisc tIie ,I ttac!ied nottce on Su lufav,/Ipnf 10, 2005, ~ ~ - :U-2004-AR-6671 ,CU-2004-AR-6671 ,( oc oc 1j~vou iiav/? m~y qucstions, p[CLl:;/? catl' 774-841 1. (TTi a 11 (.You J Lin,{a ~V!inutes and';j{ecords 1 L~A. flou:t'tf0V 71 .~: from: Sent: 70: Suo/eet: cterkPostmaster frida}ft Ylyrit O.l~ 2005 n.'44 AM Linda Yl. JIOutzer Velivery Status :NOt!fication (Ref{zy) r,~';';"'~ I=-- 1= ATT1079996.txt u Boca Bargoons 'If/IS IS I..m i.llitomaticaa\1 qenerote(1)e(lver\f .'.lotus'Notificalion. _ i. ~ ~ \jour ll1eS\l..7fW lias Been sl/ccc\stl.df11 rC{~lIrdlo tJie[;JlL;nl'lIlB rcciplcl1ts, fnll tIien'(lucstcdddh'cyy status nol if/catIOns IndY not [1e [lelwralei.{{J1..j /fie d('stmation. (('flO 1.~i.DI'1 (.7pl(}.~'11 CWS. com 1 LiA'uicv A. tl 0tAt:lf€Y 7e from: Sent- 70: Suiject- System ..J:lctministrator (postmaster@nt:yJfesnews.comJ frida~ ..J:lyrit OJ~ 2005 n.'38.;;uw Linda ..J:l. J-IOutzer :Delivered: 2Joca 2Jalfloons r~:=?1 Boca Bargoons <<:BO<'d 'BlU:QOO1'1S>> VOl/I' me,';saE./e 'Ii!.' Legal.; ('1'-111010 S'I,Lbjcct: Boca BLI rE./o 0 !1S 5'c1'1 t: Tri, 1 .:4pr 200') ] ]:43:46 -0')00 was ddivercdto the/i)/linVll1g reciplent(sj: (('Bdl.;' on -'Fn, [ j\py 20().') 1 ]:.~8:27 -osoo 1 Boca Bargoons Page 1 of 1 Linda A. Houtzer 7B From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Friday, April 01,2005 11 :59 AM To: Linda A Houtzer Subject: RE: Boca Bargoons OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Friday, April 01, 2005 11:44 AM To: Legals (E-mail) Subject: Boca Bargoons notlce on SUnd;l},ApnI 10, 2 (J()5, <<GU-2004-AR-6671,doc>> <<GU-2004-AR-6671.doc>> 77I8c.f.l1. ',iilillutes 4/412005 Naples Daily News Naples, FL 34102 '\ . 7' Affidavit of Publication Naples Daily News --------------------------------------------------+----------------------. C\l,~AR.e671 . - PU:f~:'NG Notice 'Ill hereby, Qlven that the BOard of County C Hllmers of cor, f1untY will hOld a l"~ ~~ room. 3rd floor, AIltr4tlon. aulldlng, C . CO\.lntY Govern, tCenter.SlOl East alnJ,aml 1r.all. Naples. FtQ.rIda. The meeting will begin af9'.Gl) A.M. The ~,. will cQn$Icler Pelltloft CU,2004-AR- 661l.-B9C" 8argOOQS. of :tria. S..,i,\~l.)')'~~: of DaYldIOnEnsll;~ L~~~~lfted' per$Orlal, wvlCeJ.. video r.nt.l, . or r.etalt uses wltl\ more tllan 5,000 square feet of gross ~~:~~Ju~U}~ f~~n~:, d'lite=ngbm~# PUlS....nt to Table 2 0 , SectIon 2.04.03 Of the CoUlet De. ve.IPiHllen.t Qrd',i ~'. I,' Tl\e'5 subleq!'l) conr~ slsting Of. ;, llCes, Is" IOCllteiI at lmIam1' Trall'Ia&,.JnSectlon 13, Townsblp SO South. Wang. 25 'East; Collier' CouritY. Florida. NOTE:' ~'Persons wish. Ing tOllpeakon any lilIendattem must r.-. tel' witt) the County M. mlnlstrator. orfOr to ."... sentatlon of the agend4 Item to be addressed. IndMdual speak~rs will be limited t05 minutes on any Item. The selec. tlon of an Indl~ctual to speak on bellaltof an organization orgrOUfl Is 'en. cOUfllged. !f,fe.c;oQ' nl.zed 0lI the Clfalr ,il spokesperson for a group or orQanlzatlon may be allotted 10 min. utes to speak on an Item. AD SPACE: 115.000 INCH ~:eS~~~~I~h~~L~I~ FILED ON: 04/11/05 m:tellaISlnc.luded In ~~~~::~:~-~~-~~~~:~:------~:-~--------------+----------------------- ~~~ Sworn to and SUbscribed2ibefore me tht:tiS 11::0'~. day O~f r 2o-Ll_5 ~!:~ P 11 k b . ' . ,. . , the appropriate County ersona y nown y me it A -"-<.-( , ...t'~ ' staff a mlr'tlm um o. f sev. en days prior to the publIc hearing. Alima. terlal used In, presenta. tlons before the ,Board will become a perma- nent part of the record. . Any person who dectd. I es to., i'R.. a. dec. IIlon' of the wlUneecI al record. e ptoceed. I lnlls ""{ltftlng thereto I .w therefore. may need: to ensure t"-t a verba- , _;u~J!' tll!lony.,.and'.y'fdence l;~~lchtheappeal BOARD. OF COUNTY COMMlSlSONERS COLLIER COUNTY. FLORIOA ' FRE&.W. COYLE. CHAIR- MAN DWIGHT E. BROCK, CLERK By: IIL/nda A. HOutzer. ~" Clerk ADr.l0 No. l~ BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59022616 113138312649110 CU-2004-AR-6671NOTIC State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Cbllier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 04/10 Reso O,..l1tr, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~. ., B ;',-4 THE BOARD OF COUNTY COMMISSIONERS OFFIC~ FOR SIGNA TU~ " Print on pink paper. Attach to ongmal document. Onglnal documents should be hand debvered to the Board Olhce, The completed routmg slIp and ongmal documents are to be forwarded to the Board Oftice only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, (fthe document is already complete with the exce tion of the Chairman's si nature, draw a line through routing lines #1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office Initials Date (List in roulin order) 1. 2. !5 i/l7dr'/l \ ,./' 4A~- / / e t!t- '7 / (The primary contact is the holder of the original document pending BCe approval. Nonnally the primary contact is the person who created/prepared the executive summary, Primary contact inl()rmation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached ;') ~/j - .29tJ3 ~ J Yes (Initial) N/A (Not A licable) 3. \ I{/ ,1 ,., ,,/1 or- N/A is not an option for line 6, 4. 5. Sue Filson, Executive Manager Board of County Commissioners I: Forms! County Fomlsl Bee Fonnsl Original Documents Routing Slip WWS Original 9,03,04, Revised 1.2605. Revised 2,2405 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION IlL lei> Agenda Item Number Phone Number l ,AI ;" i" ~ ~) -.5' -~ ;&. OC}/~'/ j / tf)l Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for Icgal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been tillly executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and. this routing slip' should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be awar of your deadlines' The document was approved by the BCC on /,I/r;;{?/~nter date) and all changes made during the meeting have been incorporated in tHe attached document. The Count Attornev's Office has reviewed the chan Yes, if a licable. 2, 3, 4, 5. 6, MEMORANDUM Date: April 26, 2005 To: Heidi Williams Planning From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-176 Enclosed please find a copy of the document referenced above, (Agenda Item #7B), which was approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure 78 .; " .,~; ....' . .'. 78 RESOLUTION NO. 05- l'lii. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, APPROVING A CONDITIONAL USE IN THE C-3, COMMERCIAL INTERMEDIATE ZONING DISTRICT, FOR PERMITTED PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES (EXCLUDING DRUG STORES) WITH MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA FOR THE PRINCIP AL STRUCTURES, PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NO. 2004- 41, AS AMENDED) FOR PROPERTY LOCATED IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the 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 Conditional Use in the C-3, Commercial Intermediate Zoning District, for permitted personal services, video rental or retail uses (excluding drug stores) with more than 5,000 square feet of gross floor area for principal structures, pursuant to Table 2 of LDC Section 2.04.03, on the subject property as described in Exhibit "B", and the Collier County Planning Commission has found as a matter of fact in Exhibit "A", attached and incorporated by reference, that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with LDC Section 1O.08.00.D; 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. Page 1 of2 78 !' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Kelly Smith of Davidson Engineering, Inc., CU-2004-AR- 6671, representing Boca Bargoons of Naples, Inc., with respect to the subject property described as: Exhibit "B", attached and incorporated by reference, be and the same is hereby approved for a Conditional Use in the C-3, Commercial Intermediate Zoning District, for permitted personal services, video rental or retail uses (excluding drug stores) with more than 5,000 square feet of gross floor area for principal structures pursuant to Table 2 of LDC Section 2.04.03 in accordance with the Conceptual Master Plan, Exhibit "C", attached, and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated 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 ,) L~ day of /'r 0 I , 2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: '1uLW. ~ FRED W. COYLE, CHAI N ATTEST:" , DWIGIi\f)~}t~~~K, CLERK <~,j/" .", .,~ 'I, a~\ · {&~rl~~A' be At~~~~~rC' 11...tVYI10l1,J':.' .r~;y.; , Approved iis'!tb~prm and al Suf ie~cy: Patrick G. ite Assistant County Attorney CU-2004-AR-667\ , Boca BargoonslHW/sp Page 2 of2 r,,~.--:1~.'~- ! i p,perdB L/. 2.." 5 ! I D2!e -- ~_O i ~'" ~::~~" 4.2.7'05 I t"f.. u '---. I I 01'~~k~ f ! .' v._.,,_ 78 .'''-f Exhibit "A" FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR..6671, Bargoons Development The following facts are found: 1. The Land Development Code authorizes 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: vi 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 IrPPMJliW DATE: 3}n fC6 c CHAIRMAN: UA&I/ II' Exhibit. A" "7B FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR .CU-2004-AR-6671, Bargoons Development The following facts are found: 1. The Land Development Code authorizes 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 7e Land Development Code and Growth Mln1agement 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 offrre or catastrophe: Adequate in7 & 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 ythin district Yes No - - Based on the above findings, this conditional u (should not) be recommended for approval l~ ~K;/ 7 . th stipulations, (copy attached) DATE: ~f n...~ { MEMBER: II' ~8 { ,.j .. Exhibit "A" FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6671, Bargoons Development The following facts are found: I . The Land Development Code authorizes 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 Y ;/"N es v 0 C. Affects neighboring properties in relation to noise, glare, economic or odor effects: t../ 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: )~T (}?~.... { MEMBER: r 78 Ii . Exhibit "A" FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6671, Bargoons Development The following facts are found: 1. The Land Development Code authorizes 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: ~o 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 ~ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ~ ' . · DATE: 1, 11'1 I () S MEMBER: "'- ci!1~ _ /~ . /~ Exhibit "An 78 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6671, Bargoons Development The following facts are found: I. The Land Oevelopment Code authorizes 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: ves-L 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 incase of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _~o 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 fllldings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ~ l) - o.-{ MEMaER:~~ P ~ \ r 78 Exhibit · A" FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6671, Bargoons Development The following facts are found: 1. The Land Development Code authorizes 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'" Land Development Code and Growth Managell'lent Plan: Yes JL" No ~ B. Ingress and egress to property and proposed structures thereon with particular reference toautolllotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adeq~ ingress yegress Yes~ No_ C. Affects neighboring properties in relation to noise, glare, economic or odor / effe~: .L No affect or _ Mfect mitigated by _ Mfect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us~ district Yes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DA1B: '? ~/7~ 05 MEMBER: CZ1 ~ 78 ~ " I Exhibit "A" FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6671, Bargoons Development The following facts are found: 1. The Land Development Code authorizes. 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 an<iegress 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 1/ 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 V No Based on the above fmdings, this conditional use shou1d~ with stipulations, (copy attached) (should not) be recommended for approval . . DATE: 3 i/'1 ,/,/) J'~ I , ., , .... J ~ f " \';e-'" I .-, , / ' .:..1' /'1' MEMBER: A.i~.f.""rJ/l.t.. ~}./( ( d/t!tLi!..._ f 78 Exhibit "B" LEGAL DESCRIPTION Commencing at the southeast corner of Section 13, Township 50 South, Range 25 East, Collier County, Florida; run North 1 0 35' 20" West 149.72 feet along the East boundary of said Section 13 to the Northeasterly right-of-way line of U.S. 41; thence North 390 05' 20" West 1,885.65 feet along the Northeasterly right-of-way line of U.S. 41 to the Point of Beginning; thence North 39005' 20" West 275 feet along said line; then North 500 54' 40" East 400 feet; then South 390 05' 20" East 275 feet; thence South 500 54' 40" West 400 feet to the Point of Beginning. ,; ---Z~ ~;i '\ Exhibit "en N'" ~ Ii! "" ; .. ~ "'.... j ~ ~~9 !'it J!:! ~ili c~~ ~~"'~~~li ...]i ~ gow;: ~~~~~~b h~li~;';; cllP~2h OZ~IriC::s~ . c .9 iil ~ ~ ,s "2M":"Z~ ~~;;i"i8 p~;:~.., c Z8...,Jj~":H Q U)~:9~~iti I-GlOm._U).... -5 t) '0 0) 0 g'<O a... 'ii ti; M ~ ~ ~ o:go8q~~= ()g-'~zn~c. cn~g;~g9~~.E w E~i5:c~~.~ 08NW,:.:,goio,E -1!:'~~;p~'Ii ~ PL~i~~l~ WE~~~ ~16'; -I 8,jl j!.!; :ll oS,s I ~I h-+ z ~ o ~ ~ n ~.. ~ ~ co w " I- II ~ Ci5 l'lI < II ~ III m C.9o>,~~" Z J;; 2: r: m _li!q~ I- al oS Cl $ CI) go go ii.i x]! ~ ~ ~ W ~ ~ ~ I- en I- 0' Z fjj ~ W oc :3 ~ ,5 0 u wtu ~~~~~@fa O:::~ ffi::~a~~~ 5~ ~~@ii!~fil~ O:::l D.. _ Q (/) (J) ~ 0.. LUg ~a~~~c;:~ 0::: 0 u.: ~ ~ f 0.. fn en CI) ~(()llcnCtJ{/)UWW ~Q:~~~~faO':~~ Z ~<o.~-<c~(J)g,CJ) ~ ::N.~3sg;(5~~~ ~~~~~~H~~ t?33~ o II It 0:: II __.. t='~~j::' (")cnO:::::l~ <.\~~gw II (;l;'(;(; ~~~~~ 022222 ~ ~ffiffiffiffi 6~~~~~ N a!i!!i!!i!!i! <EJ ""--,,, ///// ,.,""'/'" /j .....,..':' , ;," ..... ,;/ ; /' ...~ ,/ ~ / .; ........ ....' ",..,,,.,,.,' u~ Z~ -~ ..j2 es Z": -II) -~"' ... ll. '" 1&1 < 1;; 1&1 z":' Z"'S: w_ -....'" '" 5:::: VII)- Z~~... 1&1 ~ .. zffi~i O...."?.. z... , CI)~S:~ -wCilc:i "'CM- -~~!Z >....!I!i\': CC~ 0 II! _~::J:O W... '" ll.Z~', O~ CIl;;: Ow _2 ~~ 0, ~ z S ,.. e: "",." ~ "/,,,, c " '" ;; .. ~Ol 0(/)0;0 z >.~ ~ iii~ ii_~ ~~~~ ..J Q) >-M if~~ U'" ... ... '" Exhibit "D" Proposed Conditions of Approval 1. The conditional use is limited to what is shown on the conceptual site plan, identified as "Boca Bargoons Conditional Use Exhibit", prepared by Davidson Engineering, Inc, last revised December, 2004. The site plan noted is conceptual in nature for conditional use approval. The final design shall be in compliance with all applicable federal, state, and county laws and regulations. 2. Retail uses allowed on the site are limited to only those permitted in the Commercial Intermediate (C-3) zoning district, and expressly prohibits massage parlors and adult video rental stores. 78 COLLIER COUNTY FLORIDA , REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 8A To: Clerk to the Board: Please piau the following as a: X Normal legal Advertisement (Display Adv., location, etc.) o Other: .~.....*..................**..**.*...*......*......*.....*....*........................................... Originating DeptJ Div: ATM Dept. Person: Val Prince, Project Mgr. Date: April 4, 2005 Petition No. (If none, give brief description): Forest Lakes Roadway and Drainage MSTU - increasing from 3 to 4 mills. Petitioner: (Name & Address): - Bob Jones, Chairman - Forest Lakes Roadway and Drainage MS11J 1002 Forest Lakes Drive- Naples Fi 34105 Name & Address ofany person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Bob Jones, Chainnan - Forest Lakes Roadway and Drainage MSTU , 1002 Forest Lakes Drive - Naples FI 34105 Hearing before X BCC BZA Other Requested Hearing date: (Based on advel1isement appearing 10 days before hearing. - Board of County Commissioners - April 26, 2005 Newspaper(s) to be used: (Complete only ifimportant): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common 'location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91-107, AS AMENDED, WHICH CREATED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION ONE TO EXPAND THE PURPOSE OF THE UNIT AND TO lNCREASE THE MILLAGE RATE FROM 3 TO 4 MILS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes 0 No If Yes, what account should be charged for advertising costs: 155-111593 - 634879 - 68063 Li Attachments: Ordinance # 2005- Da~ i I i I DISTRIBUTION INSTRUCTIONS ! A. For hearings before BCe or BZA: Inl'tlatiDK person to complete one coy and obtain Division Head approval before submitting to County Manager. Note Iftepl document is involved, be sure that any neeessary legal review, or request for same. is submitted to County AUo ney before submitting to County Manager. The Manager's office will distribute copies: i o County Manager agenda me: to 10 Requesting Division Clerk'sOmce i i B. Other hearings: Initiating Division head!to approve and submit original to Clerk's Office, retaining a copy for file. ..**..**...........................1...............*....*.*................................................ FOR CLERK'S OFFICE USE ONLY: I / J /) I I f fUccL 1/1tJ/t;S I ~ ba.:/L 4 2ft, oS Uet bah., tf 1505 rf/Ps" o Original ORDINANCE NO. 2.005-_ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91.107, AS AMENDED, WHICH CREATED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECflON ONE TO EXPAND THE PURPOSE OF THE UNIT AND TO INCREASE THE MILLAGE RATE FROM 3 TO 4 MILS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICf AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DA TK. WHEREAS. on December 10, 1991, the Board of County Commissioners adopted Ordinance No. 91-107. the ordinance that created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit; providing for its boundaries, pwpose and taxing authority; providing for its governing board and defining its powers and duties; providing for an advisory committee and defining its duties and responsibilities; providing for an itemized budget; providing for collection of taxes; providing for construction and severability; and providing for an effective date; and WHEREAS. the Board of County Commissioners, upon recommendation by the advisory committee, deaiIes to increase the millage rate from 3 mil to 4 mil and to empower the Unit to purchase and install traffic control signage. NOW, THEREflORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COUlER COUNTY, FlDRIDA that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 91.107, AS AMENDED. Section One is amended to read as follows: SECTION ONE: Forest l..akcs Roadway and Drainage Municipal Service Taxing Unit Created: Boundaries, Purpose, Taxing Authority. 1. There is hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereinafter referred to 8S the "Unit") with boundaries dellCribed as follows, to wit: A tract of land in Section 14, Township 49 South, Range 25 East. Collier County, Florida, described as follows: Commencing at the Northwest comer of said Section 14, ron S 000 19' 00" W along the West line of said Section 14 for 50.00 feet to the POINf OF BBGINNlNG, said point being on the Southerly Right-of.way line of State Road S.896 (Pine Ridge Road) and being the Northwestern most comer of the Forest Lakes Homes as recorded in PIal Book 12, Pages 4146 in the public records of Collier County. Florida; thence ron East, along said 1 Words Underlined are added; Words SWell Tflreugh are deleted. 8A Right-of-way line for 1275.27 feet to a point on the Western Right-of-way of Forest Lakes Boulevard; thence continuing along said Right-of-way of SR 5-896, East for 1,372,88 feet to the North 1,4 comer of Section 14; thence continuing along said Right-of.,way N 890 59' 40" E for 1,323.81 feet to II point on the East line of the Northwest 1A of the Northeast 1A of said Section 14 and being the eastern Right-ot-way of Woodshil'e Lane; thence leaving SR S-896 and run along the Eastern Right-of-way of Wood&hire Lane and the East line of the Northwest 1A of the Northeast 1,4 of said Section 14, S 000 04' 18" E for 749.54 feet to a point of curvature of said road; thence leaving said road and continuing along said line, S 000 04' 18" E for 512.50 feet to the Southeast comer of the Northwest 1,4 of the Northeast v.i of said Section 14; thence along the South line of the Northwest 1,4 of the Northeast 1A S 89<> 48' 47" W for 512.50 feet to a point on the Southern Right-of-way ofWood8hire Lane; thence continuing along said line S 89048' 47" W for 811.38 feet to the North-South Y.t line of said Section 14; thence along the Eas1cm Right-of-way of Woodshire Lane and the North-South Y.t line S 00<> l' 23" E for 2,508.87 feet to a point; thence leaving said line S 89039' 24" W for 21.59 feet to a point, said point being the Southeasterly most comer of Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier COWlty, Florida: thence S 89<> 39' 24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the arc of a curve, concave to the Southeast, having a radius of 667.29 feet andsubtended by a chord having a length of 220.51 feet and bearing S 80008' 46.5" W to a point of tangency: thence S 700 38' 09" W for 78.45 feet to /I point of curvature; thence 990.66 feet along the arc of II curve, concave to the Northeast, having a radius of 1,250.00 feet and subtended by a chord having a length of 964.94 feet and bearing N 860 39' 35.5" W to a point of reverse curvature: thence 829.00 feet along the arc of a curve, concave to the South, having a radius of 900.00 feet and subtended by a chord having a lell8th of 800.00 teet and bearing S 890 39' 24" W; thence S 89038' 30. W for 64.95 feet to a point on the West line of Section 14, sllid point being the Southwestern most comer of Forest Lakes Homes subdivision; thence N 02<> 15' 35" W along said West line for 1,195,80 feet to the West 1,4 comer of Section 14; thence continuing along said West line N 000 19' 00" E for 2,595.97 feet to the POlNT OF BEGINNING. 2. The Unit hereby created and established is for the purpose of providing. lnstallimz and maintaining improved roadway lighting, traffic control sienB2e and cJeviscs. roadway-related drainage and roadway restoration within the area of the Unit and to that end shall possess all the powers to do all things rcuonably necessary in connection therewith. The initial improvements hereunder shall be within that area depicted on Exhibit "A" attached hereto and shall include: A. Complete restoration of roadway, including: I. Existing road bed mixed in place. 2. Prime and cover. 3. 2" of asphalt pavement surface course. 4. Installation of necessary drainage pipe. B. Providing pump and force main for drawdown of lake surface and off-site discharge to enable improved roadway dnlinage. 2 Words Underlined are added; Words S1fwek nwYgh are deleted. 8A '....~ -"'r:~ C. Maintenance of auch improvements, Il8 n:quired. ~8A . .t; Said Unit shall have the authority to levy ad valorem taxes as prescribed by law wt to exceed thfee (3) f2m:.ill mil in anyone fiscal year, SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renwnbered or re-Iettercd to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word, SECDON THREE: CONFLIcr AND SEVERABD.JTY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida this day of ,2005. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COlLIER COUNTY. FLORIDA By: By: DEPUTY CLERK FRED w, COYLE, CHAIRMAN 3 Words Underlined are added.; Words glfUek TJureagh are deleted. SA Dwight E. Brock Clerk of Courts ,€o~t~J?f eollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY qOURTHPUSE 33M TAMIAMI TRAil.. EAST . P.O. BOX 40044 NAPLES, FLORIDA 34101-3044 ":y ! April 6, 2005 ~).i '1r"': Clerk of Courts Accountant Auditor Custodian of County Funds '-.'''1' Forest Lakes Roadway and Drainage MSTU 1002 Forest Lakes Drive Naples, Florida 34105 ATTN: Bob Jones, Chairman Re: Notice of Public Hearing to Consider Amending Collier County Ordinance No. 91-107 - Forest Lakes Roadway and Drainage MSTU Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, April 15, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ a. ~.~~. Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.ft.us Fax- (239) 775-2755 Emai1-collierclerk@clerk.collier.ft.us ~"~i~ ! {OIM April 6, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending No. 91-107 Forest Lakes Roadway and Drainage MSTU Dear Legals: Please advertise the above referenced notice on Friday, April 15, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P .0.1 Account # 115-112593-634879-68063 NOTICE OF INTENT TO CONSIDER ORDINANCE BA Notice is hereby given that on Tuesday, April 26,2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of proposed Ordinance is as follows: Board the AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91-107, AS AMENDED, WHICH CREATED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION ONE TO EXPAND THE PURPOSE OF THE UNIT AND TO INCREASE THE MILLAGE RATE FROM 3 TO 4 MILS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORIDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Linda A. Houtzer, Deputy Clerk .. . L~A. tto-u;t-yw from: Sent' 70: Suo/eet- ~.. 8 A ._;A .~ Linda .A. :J--IOutzer Wedizesda}h .Afri! o~ 2005 1.'51 PM LegalS (I-mai!) forest Lakes (i( lOd)!(tern 00 n, oYeilse aJ(.'crti,(' tlie attached notice on (Friday, ;4pri[ 15, 2005. ~ U Amending AMEND ORD dinance 91-107,do( 91-107,doc ((-',lou li(ne an} qw:stWllS, p{ease cu{{ 774-8.:.1l1. 'I/iilnr~.youJ Lwda ~Ml1lutes ,1 nlrR..\'(ord~' 1 LU\dcvA. Ho-ut~ 8A ,~ /.1 from: Sent: 70: Suo/eet- CkrkPostmaster 7YedJzesda}h ./1yrit 00 2005.l.'5.l PM Linda ./1. .:fIOutzer 2Jefivery Status .JvOt!fieation (Relay) I~ [J ATT1271568,txt Forest Lakes Tlils IS 1..1I1 (.luton1l..lticaa~v c]el1eratei.{1Je{fveY1f S'talus'Noli{icl../lion. " ( ~ ~ ljour Il1eS\l..1!]e hl..lS 6cen succe,sfl..dilf re/~j'':fedlo Uie{()fl(rwil1fl recipwnts, but tfie reque\ledde((-ver\f slatus notificatlOlls nidY not l1e /leneratedby the d('slll1dtiol1, (efla L~(i.Dn dpl(?_';n elYS.com, 1 LlAtdcvA. flou:t'~ 8A .;4 , . ::?J from: Sent: 70: Suo/eet: System Yldministrator [postmaster@ntyJ!esnews.eom} Wedhesda}h Ylyrito~ 2005.1.'46 PM .Linda Yl. :JIOutzer :Detlvered: forest .Lakes D Forest Lakes <<.'Forest. f.akes>> ljOIt}' messr;rt/e 'I(): Legals ('['-ml.nD Sul1fecl.: forest f.(.lkes .';ellt: ).eFed, 6 .)lpr 2005 13:51:16 -()400 was deLrveredto !fie fl)(l;n\'lI1tf recynent(s): reflaf~' tJrI 'Wed, 6 ,Apr 200S 13:4S:.J() -o..J.o() 1 Forest Lakes Page 1 of 1 8A ~.~ Linda A. Houtzer "'^_~__<>______"',.<.,'._."'___.,w,~~~"'_<.~_.<>_~"'~~~~_~""~<~~'~~~__~~~_~_ From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Wednesday, April 06, 20052:42 PM To: Linda A. Houtzer Subject: RE: Forest Lakes OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Wednesday, April 06, 2005 1:51 PM To: Legals (E-mail) Subject: Forest Lakes ~;ood)1ftcn/oon, 1'rc.1SC a..fr'crlisc Ilie attacfi.c..{ nohce on (}naay, flpril15, 2005. <<Amending Ordinance 91-107.doc>> <<AMEND ORD 91-107.doc>> ~(you liace UIl} quest io liS, p[ease carr 77 Q-8411. (T7ian/(.you, Lmd;/ ~'vfillutcs imd-'Re(()rd:~ 4/6/2005 04/22/2005 15:15 2392534854 NAPLESDAILV PAGE 01/02 Naples Daily News ;' 8 n 1075 Central Avenue Naples, Florida 34102 ", I FAX COVER ..SHEEl1 {/;;L.~/ pS 7~ .J!II1. r~.... ~lcn ~a. Minutes and Records DA TE: TO: PHONE: 239-774-8406 FAX: 239-774--8408 FROM: PHONB: HARRIETT BUSBOJ.~'Yi ACCOUNTINGDEPARTMENT , 239...263-4810 or 888-262..3161 I 'I E.MAIL: ~aole&lews.coro F A.X: 239-263-4864 .NUMBER OF PAGES INCLUDING COTlER SHEET: -:J PLEASE CALL IF YOU HA VE .AltY QUESTIONS. ~~tached is the ajftdavit(s) you reque.st~d. _I _ Artached 1.3 the affidavit(s) you requested &: I will mail the original to you today. Comment: ...- -~ ~()F INTENTTO I ";:;~ROROINANCE , ~;"Notlce " ~retly given that on TUeSday, April ....all.2OG5, In the oard- Affidavit of publication room. 3rd F,!~' Ad, mln.-! Naples Daily News Istratlon Butymo. Col- __________________________________________________+___---------------------- ~~~1~~~~ , ml Triall. ~es. Florida, the Board of County Commissioners will con- sliler the enactment of ''''a County Ordinance. The meetLnJ. will com- mence at ~ A.M. The title of the proposed Or- dinance Is as follows: !ii'"'' .."AN ORDINANCE AMatD- ..iNG COLLIER COUNTY .....0. RDINA, NeE NO. 91-,10?r "-AS AME:NDED. WHICn "'-CREATED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL ,..SERYICE TAXING UNIT; -.. PROYIDING FOR AMEND- MENT TO SECTION ONE TO EXPAND THE PUR. POSE OF THE UNlTAND , . TO INCREASE THE MILL- AGE RATE FROM 3 TO 4 ':'MILSU' PROVIDING FOR INCL SION IN THE CODE ."()F LAWS AND ORIDI. 'fIlANCE$' PROVIDING FOR CONFLICT AND SEY- ERABILlTY; AND PROVID- ING FOR AN EFFECTIVE DATE. Persons wlsl'llng to have written Qr Qnillhlc AD SPACE: 117.000 INCH ~terlals Included In FILED ON: 04/15/05 '~,~ts ~~ ~n~ftP:i~ci __ __ _ _ _____ -- -- - - - - -- -- - --- --~ --- - -- -1-- --- -- --- - -+- ---- - ----------- ---- - --- =erlaI a ml~mum ~e~ Signature of Affiant ~ ~~f].., ~cae. ~r:::: - /' t~ b Sworn to and Subscribed before me. this,' ~, of CL~Y' 200S' iilii.,I~ ..,. to ffi dJ & ,:; '.lIlf.~~ Personally known by me. . ~ .? r~" Any' perlon who decld. es to IUlPUI a deels Ion of the BOard will need a record of the proceed- Ing" p'ertalnlng thereto t.ndd therefore. may D~!.._ to ensure that . v"".atlm record of the proceedJD,' Is made. which record Includes the testimony and, evl. dence upon which the appea/ Is 1Iased. BOARD OF COUNTY COMMISS1ONERS COLLIER COUNTY flORIDA . FRIO COYLE, CHAIRMAN g~HT E. BROCK, _ [~g~~ :o~~:: t ~-) ~ f ...J '? ."...' - " Naples Daily News Naples, FL 34102 BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59025958 11511259363487968063 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 04/15 Hop ic,tt BustJorq ,~'i CMM'SSiON # DD2346h? ~WIRES 24, 2007 - ~i~: . Co~les of the proposed ,,prCllnance are on file with the Cle'rk to the Board and are available for Inspection. All Inter- '-"sted Pl!rtles are invited to attend and be heard. NOTE: All persons wish. Ing to speak on any agenda Item must reols. .,. ter with the County ad. .., mlnlstrator 1)rlor to pre. jtatlon of the a~ ", .t be addressed. I speakers will .... ted, to 5 mlnutes .on any Item. The selec. ,,",tlon of an IndIvidual to ",.speak on behalf of an ",-...,or,ganl~tlon or group 15 encouraged. If recog. ".fllzed by the Chairman. ~ IrikeSPlltr~or a .....roor orolt'PllRtlon may e allotted 10 min. utes to speak on an Item. ORDINANCE NO. 2005-~ 8 A .. AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91-107, AS AMENDED, WHICH CREATED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION ONE TO EXPAND THE PURPOSE OF THE UNIT AND TO INCREASE THE MILLAGE RATE FROM 3 TO 4 MILS; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 1991, the Board of County Commissioners adopted Ordinance No. 91-107, the ordinance that created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit; providing for its boundaries, purpose and taxing authority; providing for its governing board and defining its powers and duties; providing for an advisory committee and defining its duties and responsibilities; providing for an itemized budget; providing for collection of taxes; providing for construction and severability; and providing for an effecti ve date; and WHEREAS, the Board of County Commissioners, upon recommendation by the advisory committee, desires to increase the millage rate from 3 mil to 4 mil and to empower the Unit to purchase and install traffic control signage. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 91-107, AS AMENDED. Section One is amended to read as follows: SECTION ONE: Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Created: Boundaries, Purpose, Taxing Authority. 1. There is hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereinafter referred to as the "Unit") with boundaries described as follows, to wi t: A tract of land in Section 14, Township 49 South, Range 25 East, Collier County, Florida, described as follows: Commencing at the Northwest comer of said Section 14, run S 000 19' 00" W along the West line of said Section 14 for 50.00 feet to the POINT OF BEGINNING, said point being on the Southerly Right-of-way line of State Road S-896 (Pine Ridge Road) and being the Northwestern most comer of the Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier County, Florida; thence run East, along said 1 Words Underlined are added; Words Struck Through are deleted. 8 ,A,~, Right-of-way line for 1275.27 feet to a point on the Western Right-of-way __ of Forest Lakes Boulevard; thence continuing along said Right-of-way of SR S-896, East for 1,372.88 feet to the North 14 corner of Section 14; thence continuing along said Right-of-way N 890 59' 40" E for 1,323.81 feet to a point on the East line of the Northwest 14 of the Northeast 14 of said Section 14 and being the eastern Right-of-way of Woodshire Lane; thence leaving SR S-896 and run along the Eastern Right-of-way of Woodshire Lane and the East line of the Northwest 14 of the Northeast 14 of said Section 14, S 000 04' 18" E for 749.54 feet to a point of curvature of said road; thence leaving said road and continuing along said line, S 000 04' 18" E for 512.50 feet to the Southeast corner of the Northwest 14 of the Northeast 14 of said Section 14; thence along the South line of the Northwest 14 of the Northeast 14 S 89048' 47" W for 512.50 feet to a point on the Southern Right-of-way of Woodshire Lane; thence continuing along said line S 89048' 47" W for 811.38 feet to the North-South V2 line of said Section 14; thence along the Eastern Right-of-way of Woodshire Lane and the North-South V2 line S 000 l' 23" E for 2,508.87 feet to a point; thence leaving said line S 890 39' 24" W for 21.59 feet to a point, said point being the Southeasterly most corner of Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier County, Florida; thence S 890 39' 24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the arc of a curve, concave to the Southeast, having a radius of 667.29 feet and subtended by a chord having a length of 220.51 feet and bearing S 80008' 46.5" W to a point of tangency; thence S 700 38' 09" W for 78.45 feet to a point of curvature; thence 990.66 feet along the arc of a curve, concave to the Northeast, having a radius of 1,250.00 feet and subtended by a chord having a length of 964.94 feet and bearing N 860 39' 35.5" W to a point of reverse curvature; thence 829.00 feet along the arc of a curve, concave to the South, having a radius of 900.00 feet and subtended by a chord having a length of 800.00 feet and bearing S 890 39' 24" W; thence S 89038' 30" W for 64.95 feet to a point on the West line of Section 14, said point being the Southwestern most comer of Forest Lakes Homes subdivision; thence N 020 15' 35" W along said West line for 1,195.80 feet to the West 14 corner of Section 14; thence continuing along said West line N 000 19' 00" E for 2,595.97 feet to the POINT OF BEGINNING. 2. The Unit hereby created and established is for the purpose of providing, installin~ and maintaining improved roadway lighting, traffic control signage and devises, roadway-related drainage and roadway restoration within the area of the Unit and to that end shall possess all the powers to do all things reasonably necessary in connection therewith. The initial improvements hereunder shall be within that area depicted on Exhibit "A" attached hereto and shall include: A. Complete restoration of roadway, including: 1. Existing road bed mixed in place. 2. Prime and cover. 3. 2" of asphalt pavement surface course. 4. Installation of necessary drainage pipe. B. Providing pump and force main for draw down of lake surface and off-site discharge to enable improved roadway drainage. 2 Words Underlined are added; Words Struck Through are deleted. 8 A ~,' C. Maintenance of such improvements, as required. Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed three (3) four (4) mil in anyone fiscal year. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ,;; (;/A day of 1~/Jj:'ll ,2005. ATTEST: , . , DWIGHT "E.13'R.9~K, CLERK .' ,;" ,.~ ..:~_...... .. '- I,. _ ,,; ::"'.. ,:" BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA . ~~ -, - - . - ", ' ',-' . > " ..',' " .. .,' . - < BY~~"'!',. ~dt: " '?'Mtesf~tP · , ~,,' ...'...,..lJ. . '. u"';:\ \ Ap leg By: 7uJ-w. ~ FRED W. COYLE, CHAIR N Jeff Assi 3 Words Underlined are added; Words Struck Through are deleted. ~ N l~ 8 ;: ~ - EXHIBIT "A" -8 A RID4E. ~oAD IS ... PU>Pos&, D AlCA of' V RoAO......~y R!JTo.cAT10!L8 ~ Jr, .~' 1.I'1.t,. o i- ~ r-,""i ~ L"'_-rJ r--' ! to ; ~ I 1__-' "'- @} '. ........ ~ :- . ~ ~l' :.;' ~ , I ~ r ~ 8 GOLF ''''... .I \fa>tt , f FAIRWAY FOREST GARDEN VILL \5 CONDO ..~~ J~_~ ~ in.... :.::- ~ I I JL'. · · ~ ~I \IJ ~ I en .. ...,... s a:: ;0 ::::l ,..... 0 I ,." () I ~ ...1'., .. u.. B ~ -.J ~ 0 .. t.!) .. I.'" .., I '.'. .,., ..' ... . .. ~ ~, ~ <>'0 <..(\ f50 rAGE 8 A . .~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-20 Which was adopted by the Board of County Commissioners on the 26th day of April 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of May, 2005. DWIGHT E. BROCK .. '. .....,~... '~(]l""'" Clerk of Courts an9.:'Cl~k..:.):~......::~ 1,/.. , . .'..... ,~.. " .,. t '0, ...I'..,? Ex-offlclo to Board of: t:")' ....... . ,., . . ".. ..- t..) ,- A~1 \"\,"".. .... .~:"'') County Commissione;rs ::1: .~" , 1.".<.. >~ f'L ,. ~./ ~? t'. ' ';"';'~: : ;~i ~ :...;;', ~~ \:~.:<:~'<~ ";.~.:.:~:~<: I,. ,.1,,, ',.,-""l '.,. ..... .-,. ,'" . ...., " 1.." ,,,,"\") <, By: Ann Jenne] ohn';;..'.~.\~ II", Ii 40 ~~'......\,\" '".. ~'~'~':";" II,~ t\'" Deputy Clerk ",; ~>"'~t;,/ '''"1\\1'\ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS Be Please place the following as a: \ XXX Normal Leg' I Adv rtisement (Display Adv., loca / c.) , ******************************************************************************************************* Originating Dept/ Div: Comm.Dev.Serv.lPlanningPerson: Michael Bosi, AICP "" Date: \ ....'1S~ Other: Petition No, (If none, give brief description):PUDZ-A-2004-AR-6142, Warm Springs PUD Petitioner: (Name & Address): Att: Karen Bishop, PMS of Naples, 2335 North Tamiami Trail, Suite 408, Naples, Fla, 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Naples Syndications, LLC, 540 Myrtle Road, Naples, FI. 34108 Hearing before B1A "pther ~/,.-::a../ 05" Requested Hearing date:_ Based on advertisement appearing 15 days before hearing. BCC Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-A-2004-AR-6142 Naples Syndications, LLC, represented by Karen Bishop of PMS Inc. of Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4,52 units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD ownership change. The property is located on the east side of Collier Boulevard, approximately one mile south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 119:1: acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: ~~~ !IP!o., /Department Head ~ ! . ate I Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received:'" ~1"05 Date of Public hearing:J. "';;"d--Cf5 Date Advertised: ~ 1- U....05 ORDINANCE NO. 05- 8e AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE WARM SPRINGS RPUD, TO REVISE THE PUD DOCUMENT AND MASTER PLAN BY INCREASING THE ALLOWED DWELLING UNITS BY 290 UNITS TO A MAXIMUM OF 540 UNITS, A DENSITY INCREASE FROM 2.1 UNITS PER ACRE TO 4.52 UNITS PER ACRE; TO SHOW A NAME CHANGE FROM NICAEA ACADEMY PUD; AND REFLECT THE PUD OWNERSHIP CHANGE., FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951 ), APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR 846), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119:1: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 03-64, THE FORMER NICAEA ACADEMY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of Project Management Systems Inc., representing Naples Syndications, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development known as the Warm Springs RPUD, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 03-64, known as the Nicaea Academy PUD, adopted on November 18, 2003, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 1 Be "'''''/J IHI 1. li.:' PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to Form and Legal Sufficiency ,-I Marjorie M. Student Assistant County Attorney PUDZ-A-2004-AR-6142/MB/sp 2 Be EXHIBIT "A" WARM SPRINGS PUD A Residential Planned Unit Development REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WARM SPRINGS PUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE eOLLlER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR eODE. Prepared For: Naples Syndications, LLC 540 Myrtle Road, Naples, Florida 34108 PREPARED BY: PMS, Inc. of Naples 2335 Tamiami Trail N. Suite 408, Naples, Florida 34103 239.435.9080/239.435.9082fax AND MeAnly Engineering & Design, Inc. 5435 Park Central Ct., Naples, Florida 34109 239.593.3299 ORIGINAL DOCUMENT DATE DATE FILED CURRENT DOCUMENT DATE DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL June 18. 2004 June 21. 2004 December 14. 2004 December 16. 2004 TABLE OF CONTENTS 8e PAGE Statement of Compliance Section I Property Ownership and Description 1-1 Section II Project Development Requirements 2-1 Section III Residential Areas Plan 3-1 Table I Development Standards 3-3 Section IV Preserve Areas Plan 4-1 Section V Development eommitments 5-1 Exhibit "S" RPUD Master Plan .~,~ '~ , 8e 'tit STATEMENT OF COMPLIANCE The development of approximately 119.45:t acres of property in eollier eounty, as a Residential Planned Unit Development to be known as the Warm Springs RPUD will be in compliance with the planning goals, objectives and policies of eollier County as set forth in the eollier County Growth Management Plan. The residential facilities of the Warm Springs RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the eollier County Land Development eode as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict, on the Future Land Use Map. The westerly side of the project has 40.7 acres of the project located within the Residential Density Band around the Immokalee Road/eollier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 540 proposed units and resultant density of 4.52 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 Acres for an Urban Project Inside a Residential Density Band Base Density 4 dwelling units/acre Residential Density Band ~dwelling units/acre Maximum Permitted Density 7 dwelling units/acre 78.3 Acres for an Urban Project Outside a Residential Density Band Base Density 4 dwelling units/acre Maximum Permitted Density 4 dwelling units/acre Maximum permitted units = 40.7 acres x 7 dwelling units/acre = 285 units plus maximum permitted units = 78.3 acres x 4 dwelling units/acre = 313 units for a total maximum number of 598 dwelling units at a maximum density of 5.03 dwelling units/acre. Requested dwelling units = 540. Requested density = 4.52 dwelling units/acre. Be .~~ An additional Bonus Density consideration, available through the Affordable Housing provisions of the Growth Management Plan and Land Development eode, is not requested by this application. 6. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier eounty Land Development Code. 7. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 8. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County, within the proposed master planned development. 9. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available. 10. The project will act to implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 11. The development will be compatible with and complementary to existing and planned surrounding land uses. Specifically, the conservation land use along the north property line abuts a like land use over the adjacent Crystal Lake PUD. Additionally, the proposed density of 4.52 units per gross acre which includes a 10% affordable housing component is complementary to the Bristol Pine PUD to the south of the subject parcel, which has an intensity of 6.98 units per acre and also includes a 10% affordable housing component. 12. The development of the Warm Springs RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the Future Land Use Element. 13. The Warm Springs RPUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. 14. The native vegetation provisions of the Warm Springs RPUD implements Policy 6.1.1 of the eonservation eoastal Management Element in that "native preserves" will be incorporated into the project design. ii Be ..~ , ';l1 ~ ...~ 15. The Master Development Plan, with its extensive natural area, lakes and open space- areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 16. By virtue that the project must comply with the provisions of ehapter 6 of the Land Development eode, it will implement, and further Objective 8 of the Transportation Element. iii SECTION I Be .tJ PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Warm Springs Residential RPUD. 1.2 LEGAL DESeRIPTION The subject property being 119.45:t acres, is fully described as the South ~ of the South % of the South % less the west 100 feet thereof; and the South % of the North % of the South % of the South % less the west 100 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by Barton and Wendy Mcintyre, 2200 Santa Barbara Boulevard, Naples, Florida, 34116, and is under a purchase contract by Naples Syndications, LLC, 540 Myrtle Road, Naples, Florida, 34108. 1.4 GENERAL DESeRIPTION OF PROPERTY AREA A. The subject property is located on the eastern side of eollier Boulevard south of and abutting the erystal Lake PUD (unincorporated eollier eounty), Florida. The property can be further described as being located north of the Bristol Pines PUD and 30 feet of private access easement, proposed to be included in the future Tree Farm Road. B. The entire project site currently has PUD Zoning and is proposed to be rezoned to RPUD. 1.5 PHYSleAL DESCRIPTION The project site is located outside of any specific drainage basin according to the eollier County Drainage Atlas. The outfall for the project is the Collier Boulevard Canal located along the western property boundary and the permitted maximum discharge rate is 0.15 cfs per acre. Natural ground elevation varies from 10.0' NGVD within the onsite wetland areas to 13.0' NGVD in the uplands. The average elevation being approximately 12.2' NGVD. The entire site is located within FEMA Flood Zone "X" with the base flood elevation undetermined. 1-1 Be \~ . The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to discharge. A water management system has been permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. Rules and regulations of SFWMD have been imposed upon this project including but not limited to those relative to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water, and wetland hydrology maintenance. The existing permit and associated ACOE permit is proposed to be amended reflecting the proposed development change and its drainage requirements. However, the permit-associated conservation easement and associated environmental permitting restrictions and requirements and wetland mitigation requirements shall remain. Per eollier eounty Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #18-Riveria Fine Sand, limestone substratum, and areas of #16-0Idsmar Fine Sand and #10-0Idsmar Fine Sand, limestone substratum. The site vegetation consists primarily of slash pine, cabbage palm, and Cypress trees with upland areas of Slash Pine and Saw Palmetto. 1.6 PROJECT DESCRIPTION The Warm Springs RPUD is a project proposed for a maximum of 540 residential units. These units are proposed to be developed as a multi-family project(s). Recreational facilities and other facilities and services may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, if applicable, and signage shall be designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. The Developer has committed to provide 10% of the constructed dwelling units, by phase, under the provisions and restrictions of the eounty's provisions for affordable housing. The owner occupied units shall minimally meet the designation of moderate income level housing units. 1.7 PROJECT NAME This Ordinance shall be known and cited as the "Warm Springs Residential Planned Unit Development Ordinance" 1-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS Be 2.1 PURPOSE The purpose of this Section is to delineate and describe the project plan of the development, relationships to applicable County ordinances, the respective land uses within the project, as well as other project relationships. 2.2 GENERAL A. Regulations for the development of the Warm Springs Residential RPUD shall be in accordance with the contents of this Document, RPUD-Planned Unit Development District and other applicable sections and parts of the eollier County Land Development Code, or successor ordinance, and eollier County Growth Management Plan in effect at the time of development order application, where such standards are not otherwise addressed by this Document or the RPUD Master Plan which is an attachment to this document. Where these regulations fail to provide development standards, then the provisions of the most similar district in the eollier eounty LDe. The development of this RPUD shall be consistent with the RPUD Master Plan and its provisions. Additionally, development of this RPUD shall be governed by and consistent with the existing SFWMD ERP number 11-01973-P and the existing AeOE permit number 200001393 (IP-DEY), as they may be amended. The regulations contained within the LDC shall govern when more restrictive, unless exempted by this document. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the eollier eounty LDC, or successor ordinance, in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Warm Springs RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD, the provisions of other sections of the LDC where applicable remain in full force and effect with respect to the development of the land which comprises this RPUD. E. 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, as may be amended or superceded. 2-1 Be 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is illustrated graphically by Exhibit "B", RPUD Master Plan. 2.4 DESCRIPTION OF PROJECT DENSITY OR LAND USE INTENSITY A maximum of 540 residential multi-family dwelling units shall be constructed in the total project area. The gross project density, therefore, will be a maximum of 4.52 units per acre. 2.5 ASSOelATION OF PROPERTY OWNERS FOR eOMMON AREAS MAINTENANeE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of the property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Section 2.03.06 of the LDC. 2-2 8e SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the land uses as designated on the RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 540 units, a gross density of 4.52 units per acre. Ten (10%) percent of the constructed units, by phase, shall be affordable housing units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Princioal Uses and Structures: 1. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 2. Neighborhood amenity recreational uses including, pools, tennis courts, clubhouse, fitness center. 3. Offices, temporary sales trailers, and model units. A portion of the clubhouse facilities may be utilized as a temporary sale facility. Sales shall be limited to the on site development. 4. Any other use deemed comparable in nature with the foregoing uses and is approved through the applicable LDC process. B. Permitted Accessorv Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3-1 8 C '~"i1 3. Any other use deemed comparable in nature with the foregoing uses and is approved through the applicable LDC process. e. General Permitted Uses: The following uses are permitted through the developable acreage of the RPUD. 1. Essential services, including interim and permanent utility and maintenance facilities. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Architectural features and elements including walls, fences, arbors, gazebos and the like. 7. 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. 8. Landscape I hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls. 9. Fill storage, site filling and grading. 10. Any other use deemed comparable in nature with the foregoing uses and is approved through the applicable LDe process. 3.4 DEVELOPMENT STANDARDS: A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel boundaries, except as otherwise provided. See Table I. 3-2 8 C t~. , TABLE I STANDARDS MUL TI-FAMIL Y Minimum Lot Area 40,000 sf Minimum Lot Width 1 00 ft Front Yard Setback (1) 28 ft when separated by parking from edae of driveway pavement 14 ft when not separated bv parkina Side Yard Setback 1 Story 7.5ft 2 Story 10.0 ft 3 Story 12.5 ft Accessory Structure 6.0 ft. Neiahborhood Amenity the areater of 10ft or % the heiaht of structure Rear Yard Setback Principal Structure 20 ft Accessory Structure 10 ft Lake Setback (from control elevation) 20 ft PUD Boundarv Setback Principal Structure 75 ft Accessory Structure 10 ft Lake Setback (measured from control) 25 ft Entry Gate 1 00 ft Preserve Setback Principal Structure 25ft Accessory Structure 10 ft Distance Between Structures Main/Principal 1-Story 15 ft 2-Story 20 ft 3-Story 25 ft Neighborhood Amenity 25 ft Accessory Structures 12 ft Maximum Heiaht I Max. No. of Stories: Principal Building 45 ft I 3 stories Accessory Building 35 ft I 2 stories Minimum Floor Area 1 Bedroom = 750 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom = 1100 Sa. Ft. TABLE 1 NOTES: (1) Setback may include pedestrian sidewalk. TABLE 1 GENERAL NOTES: 1. Carports are permitted within parkina areas. 3-3 8e ~ ~ "~j 3.5 Open Space Requirement: 60 percent minimum (71.67 acres) 3.6 Natural Habitat: 25 percent minimum (29.86 acres) 3.7 Conservation Area: 71.14 acres (existing SFWMD easement) (includes drainage infrastructure as permitted by SFWMD within conservation area, enhances desirable hydration of wetlands) Transition grades from the boundary of conservation areas shall be as permitted by the SFWMD. 3.8 Architectural Standards: All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: compatible architectural design and use of compatible materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall be the primary unifying design element of the development. 3-4 Be SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the areas designated as "Preserve" on the RPUD Master Plan, Exhibit "B". 4.2 PERMITTED USES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required: A. Principal Uses: 1. Open spaces I nature preserves B. Accessory Uses: 1. Jurisdictional agency permitted infrastructure improvements designed to be an enhancement to conservation area lands, including water management structures. 2. Supplemental landscape plantings, screening and buffering after appropriate environmental approval. 4-1 8e ~' " 'ii!j'" /,.}. '<,"" , ",~,,",,1)1,, "t!4f,,1 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the final site development plan and all applicable State and local laws, codes, and regulations applicable to this RPUD in effect at the time of approval. Except where specifically noted or stated otherwise, the standards and specifications of the LDe shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall be bound the by the Master Plan and the regulations of the RPUD, as adopted. In addition, any successor or assignee in title to the developer is bound by the commitments within this Document. 5.3 RPUD MASTER PLAN A. Exhibit "6" represents the RPUD Master Plan 6. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SeHEDULE OF DEVELOPMENT I MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one or two phases. A. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 1 0.02.13(F) of the eollier County LDC. 6. The Warm Springs RPUD shall be subject to the Sunset Provisions of Section 1 0.02.13(D) of the eollier eounty LDC. 5-1 8e 5.5 UTILITIES The Developer shall provide a 30 foot by 50 foot public well easement abutting and north of the 40 feet dedicated right-of-way. The applicant has tentatively located the easement approximately 750 feet east of the southwest corner of the subject property. Final location shall be determined at the time of site development plan permitting. 5.6 SIGNS All signs shall be in accordance with Chapter 5 of the LDC. 5.7 LANDSeAPING REQUIREMENTS A. Landscape Buffers: RPUD Perimeter Landscape Buffers and Other Internally Required Landscape Buffers: 1. eR 951 eanal: Where abutting the residential development: 20 foot width, LDC Type 0 Buffer 2. Tree Farm Road: Where abutting the residential development: 20 foot width, LDe Type 0 Buffer 3. eonservation Area: No buffer is required, except as noted elsewhere in this Document. 5.8 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier eounty LDe. 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 eertificate of Occupancy (eO). C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the 5-2 8e Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the eollier eounty Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a RPUD Amendment is to be processed. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier eounty, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first eo. E. Road impact fees shall be paid in accordance with Collier eounty Ordinance 01-13, as amended, and Division 3.15. LDe, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. G. All proposed median opening locations shall be in accordance with the Collier eounty Access Management Policy (Resolution 01-247), as it may be amended, and the LDe, as it may be amended. eollier 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 . H. 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. I. 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 eollier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing eounty right-of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. The donated 40' right-of-way shall satisfy this requirement for future turn 5-3 Be lanes on Tree Fann Road. The developer as outlined in the Developer contribution agreement as it relates to the Wann Springs PUD will pay for the turn lane improvements on Tree Fann Road. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is detennined to be necessary, the developer shall contribute its fair share contribution toward the cost of any such improvement. Such traffic signals shall be owned, operated and maintained by the county. L. The developer shall share in the design and construction costs of upgrading existing Tree Fann Road to minor collector status. These upgrades include improvements to the actual roadway and associated utilities including water and sewer facilities. M. The developer shall share in the design and construction costs of upgrading the bridge over the Big eypress eanal. These upgrades include sidewalks on each side of the roadway component of the bridge together with an additional turn-lane. N. The developer shall share in the costs incurred for the design and construction of the right turn lane on the northbound side of Collier Boulevard (CR #951) onto Tree Fann Road. O. The developer shall provide the on-site water management facilities associated with the upgrade of Tree Farm Road to minor collector status. P. Full access from the development onto Tree Farm Road shall be allowed at the first entrance. Once the second entrance from Tree Farm Road into the development is completed, the access at the first entrance point may be limited to egress only, if deemed warranted by the County. Q. The developer shall pay all actual costs incurred for the design and construction of an eastbound left turn lane and a westbound right turn lane from Tree Fann Road leading into the development. R. The details of the payment of costs associated with the transportation improvements for the project are set forth in a Developers Contribution Agreement by and between the developer and eollier County dated January 11, 2005. 5-4 Be ...~ . ' .......' .'f 5.9 ENVIRONMENTAL A. This RPUD shall be consistent with the Environmental section of the GMP eonservation and eoastal Management Element and the LOe at the time of final development order approval. B. All conservation areas shall be designated as tracts/easements with protective covenants. Easements shall be dedicated on the plat to the homeowner's association for ownership and maintenance and to Collier eounty with no responsibility for maintenance. e. All eategory I invasive exotic plants, as defined by the Florida Exotic Pest Plant eouncil, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. O. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. E. All approved Agency (SFWMD, AeOE, FFWCe) permits shall be submitted prior to final Site Plan Construction approval. F. This RPUO shall comply with the guidelines of the USFWS and FFwee for impacts to protect species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site Plan approval. G. All principal structures shall have a minimum setback of 25' from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 foot setback. 5.10 AReHAEOLOGleAL RESOURCES Pursuant to Section 2.03.06(E) of the LOC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.11 POLLING PLAeES Pursuant to Section 2.01.04 of the LDe provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk 5-5 r Be \ of the Circuit eourt of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.12 AFFORDABLE HOUSING eOMMITMENT Ten (10%) percent of the constructed dwelling units, by phase, shall be affordable housing units, minimally meeting the moderate income level thresholds established by the eounty. Additionally, the Developer shall comply with the applicable provisions, policies and procedures of the County's affordable housing program. No density bonus units shall be awarded for this commitment. These created units shall be owner occupied housing. 5.13 DEVIATIONS Deviation from LDe ehapter 3.05.07 to allow alternative design for the Conservation Buffer where abutting residential development: Setback shall be grass or landscaped and no vegetative buffer shall be required except as provided for by the existing SFWMD permit, as may be amended. Where development tract(s} abut the conservation easement, a continuous hedge, 4 feet in height at installation and to be maintained at a height of 6 feet, shall be provided within the setback area to provide for a structural buffer. Shade trees or palms shall complement the hedge with a minimum spacing of 1 per 25 feet and trees and/or palms shall have an overall height of 10 feet at installation. Required hedge and trees and/or palms shall be native. 5-6 . I . . I ell . ... I II .. I ,~ II " ;1 , il II I. II !:IE 1m -~ -~ I . II ~.. ., CU'\'1.. 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I I I _A.~ ... ,~, ,it}J I - 8e t January 31, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-A-2004-AR-6142, Warm Springs PUD Dear Legals: Please advertise the above referenced notice on Sunday, February 6, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann J ennej ohn, Deputy Clerk P.O.lAccount # 113-138312-649110 Be ':~'.~ .,'. h,t; '..,,:, ":ll;~ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 22,2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE WARM SPRINGS RPUD, TO REVISE THE PUD DOCUMENT AND MASTER PLAN BY INCREASING THE ALLOWED DWELLING UNITS BY 290 UNITS TO A MAXIMUM OF 540 UNITS, A DENSITY INCREASE FROM 2.1 UNITS PER ACRE TO 4.52 UNITS PER ACRE; TO SHOW A NAME CHANGE FROM NICAEA ACADEMY PUD; AND REFLECT THE PUD OWNERSHIP CHANGE, FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR 846), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 03-64, THE FORMER NICAEA ACADEMY PUD, AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ-A-2004-AR-6142, Naples Syndications, LLC, represented by Karen Bishop of PMS Inc. of Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acrej to show a name change from Nicaea Academy PUDj and reflect the PUD ownership change. The property is located on the east side of Collier Boulevard, approximately one mile south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 119 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on t. 8Q '," behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) ~ Be ',~ 1 Dwight E. Brock Clerk of Courts ~e~t~.-!lfeo~ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY qOURTIlOUSE 330i TAMIAMITMlLEAST . P.O. BOX 4~044 NAPLES, FLORIDA:l4101-3044 "~L~ 1 January 28, 2005 .....:;Ji ~;l~ Clerk of Courts Accountant Auditor Custodian of County Funds Karen Bishop PMS of Naples 2335 North Tamiami Trail, Suite 408 Naples, Florida 34103 Re: Notice of Public Hearing to consider Petition: PUDZ-A-2004-AR-6142, Warm Springs PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22,2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Ann J ennej Deputy Clerk e..... Enclosure Phone-(239)732-2646 Website- www.clerk.collier.fl.us Fax-(239) 775-2755 Emai1- collierclerk@clerk.collier.fl.us ;. 8e ,,1 Dwight E. Brock Clerk of Courts ~eupt~.-~~feollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 330i TAMIAMI TRAIL E~ST . P.O. BOX4~044 NAPLES, FLORIDA 3.4101-3044 .f ' \ \ January 28, 2005 ~.~~ orC.loi Clerk of Courts Accountant Auditor Custodian of County Funds Naples Syndications, LLC 540 Myrtle Road Naples, Florida 34108 Re: Notice of Public Hearing to consider Petition PUDZ-A-2004-AR-6142, Warm Springs PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 22, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 6, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ A~o.c. Ann Jenenj~, 0- - Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.c1erk.collier.ft.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.ft.us Ann P. Jennejohn To: Subject: Legals (E-mail) Warm Springs PUD Good afternoon, Please advertise the attached on Sunday, February 6,2005. Thank you, Ann Minutes & Records l[J PUDZ-A-2004-AR-6 142 (2).doc l[J PUDZ-A-2004-AR-6 142.doc 1 8-G - Ann P. Jennejohn 8 C' ,~ From: Sent: To: Subject: postmaster@clerk.collier,fl.us Monday, January 31,20051 :11 PM Ann p, Jennejohn Delivery Status Notification (Relay) I',~'~ B r:::-71 L:::J ATT06577.txt Warm Springs PUD This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Ann P. Jennejohn 8,C . t<'ll' From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com) Monday, January 31, 2005 1 :08 PM Ann P. Jennejohn Delivered: Warm Springs PUD E]/ ", ,,<,' '- Warm Springs PUD <<Warm Springs PUD>> Your message To: Legals (E-mail) Subject: Warm Springs PUD Sent: Man, 31 Jan 2005 13:09:53 -0500 was delivered to the following recipient(s): legals on Man, 31 Jan 2005 13:07:31 -0500 1 Warm Springs PUD Page 1 of 1 '8G " Ann P. Jennejohn From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, January 31, 20052:12 PM To: Ann P. Jennejohn Subject: RE: Warm Springs PUD OK -----Original Message----- From: Ann P. Jennejohn [mailto:Ann.Jennejohn@c1erk.collier.fl.us] Sent: Monday, January 31,2005 1:10 PM To: Legals (E-mail) Subject: Warm Springs PUD Good afternoon, Please advertise the attached on Sunday, February 6, 2005. Thank you, <<PUDZ-A-2004-AR-6142 (2).doc>> Ann Minutes & Records <<PUDZ-A-2004-AR-6142.doc>> 1/31/2005 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+---------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58990006 113138312649110 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 02/06 AD SPACE: 186,000 INCH FILED ON: 02/07/05 --------------------------------------------------+-------- Signature of Affiant ~. ~ / -:;g: /' Sworn to and Subscribed before me this ~ day of t -+..;lL. personally known by me ~(i/c"-u:tfr t?~A'/~'J ~J.IlIf,kf' NotIce l~er.bY given' _ _ _ that on AY. Jrebl1l-1 ary ZZ.J 5, In the AB!irldroom, 3rd Floor, nlSttetfOl'l Building, Col r COlln~ Govern-I ment Center, 3301 East TFa, miamI TraU.I. Naples.! or da, the .oard OJ Countyl;Qmmlssl aners will COl'!.$ldtr the enact- ment ofa County Ordi- nance. The ~ will com"*'h at' 9:QO A.M. The tItle of the pro- fo~~~:ordlnance Is as A,NoAORgINANCE OF THE It .OF COUNTY COMMISSIONERS AMf;NDING ORDINANCE g~wrtpi1p~b~lJf WHICK INCLUDES THE COM HfHSIVE ZON- ING TIONS FOR THE ORPORATED AREA COUN- TY, A. BY AMEND- ING APPROPRIATE ZONING ATLAS MAP OR ~~~ OF]..tif1ilTii~" DE- SCRIBED REAL PROPER- TY FROM "PUD" TO .PUO" PLANNED UNIT DEVELOPMENT KNOWN AS THE wARM SPRINGS RPUOb.T(), REVISE THE PUD aCUMENT AND MASTER PLAN BY IN. CREASING THE ALLOW- 2E9DoDUWELLI", UNITS BY NITS TO A MAX'. MUM OF .540 UNITS A DENSITY INCREA'SE FROM 2.1 UNITS PER ACRE .TO 4.q UNITS PER ACRE: TO SHOW A NAME CHANGE 'ROMNICAEA ACADEM\" PlIO: AND RE- FLECT THE PU6 OWNER- ~rJ:ER~ YEt g: THE F COL- LIn <CR 961), TELY ONE 1M. MOK AD <-CR 846), ION 26. TOW ~UTH. c ~ 11 +1- A ING FOR THE'l! f DRill- NANCl! 03.64 THE F NICAEA ACADE D. AND BY PROVIDING AN EFFEC- - - - - TIVE DATI. ., ~ funict' ;i, r ,"I (:()MV'SSIGN ,/ 'o,;,hcmg '" J2.'1689 EXPIPr; 2001 ',' iNC 20 {')S" Be' cop.1es Of the p~' r!~r:;c!\~m:! for~ ~ ::~d~i Non:. Allp'ereons wlshllJg to speik on I!'Y ~\tem must' reg.. ter wIttl the County lad- mlnl~ DtIor to..~ Ml1tat1on of.ttIe agenda Item to.e a, dd...... ed. Indlvldllill 5PJ1kel'$ will be limited to 5l\'1hUites ~n~:"li1d~'fc; s,.ak on ~fof an ~~. orll'"r:fo~~ nlzed bY the Cbalrmai'I, a spOkeSperson fi:lr. a oroup or Iooro.....z&tlon, may be al tt\kf to 'mln- ut.. to speak on an Item. :=~tttc~ terlals Incllidedln the Board agenda packets must submit s~d ma- terial a minimum of 3 weeks prior to'the re- spective public hearing. ~r~... 1i ~~ be d to the approp. . nty staff a minImum 0 sev-j en da,.s sPp',rlor tot.... DUbllcnearl!lOo All. me- I :l;"~~=relri&:= will become apetma. nent part of tile nM:ord. II.nY pertlQn 1e.. aeeal · =:~wlft therefo"" may enS1,li tl\at . recot .9' the InllS . made. .. cord Includei ' - many and ev[jlWlce uRon whIch tile -'.1 Is based. BOARD OF CO'UMn COMMISSlONIRS " C,9.llIER CO"',-TY. ~.,.>~. ,CO'tL!.c:tWR- MAN ., ,..." =HT E. 'Ill~C'" ~l: C= JenneJotIn. ..., . (SUL) Feb. 6 No. 928189 Page 1 of2 rat Linda A. Houtzer From: Sent: To: martin_c [CeciliaMartin@colliergov.net] Thursday, March 24, 2005 1 :25 PM Minutes and Records Cc: Bosi, Michael; Johnson, Connie; Bedtelyon, Linda; Filson, Sue; Brock, Mary Subject: FW: Warm Springs AR#6142 Please advertise this for the April 26th BCC meeting, due to this going past the 5 week advertising requirement. Thank You. -----Original Message----- From: BosiMichael Sent: Thursday, March 24, 2005 1 :20 PM To: martin_c Subject: FW: Warm Springs AR#6142 CC, See below. Thanks Mike Linda, the BCC continued to the April 26th BCC hearing, I will call Jennifer, -----Original Message----- From: bedtelyonJ Sent: Thursday, March 24, 2005 11:08 AM To: BosiMichael Cc: bellows_r; KoehlerLisa; martin_c Subject: FW: Warm Springs AR#6142 Mike, Re: Warm Springs PUDZ-2004-AR-6142 E-mail below from Jennifer Castillo of Karen Bishop's office, PMS Inc, of Naples: Please advise correct date for BCC hearing. The last date posted on sign was Feb. 22nd, After that, the petition was continued to (last I knew) April 26. I've checked the in-house calendar Cecelia provides and don't see AR # 6142 scheduled on either April 12 or April 26. Thank you Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL (239) 213-2948 FAX (239) 403-2395 Iindabedtelyon@colliergov.net -----Original Message----- From: Jennifer Castillo [mailto:JenniferCastillo@pmsnaples.com] Sent: Thursday, March 24, 20059:05 AM To: bedtelyon_1 3/24/2005 Page 2 of2 Subject: Warm Springs AR#6142 f" ~G.'. J g , Linda, This board hearing has been continued until April 12th...,do I need to change the date on the sign? Jennifer Castillo PMS,lnc of Naples 239.435.9080 ext 6 3/24/2005 Dwight E. Brock Clerk of Courts I~oup.ty"pfeonier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 T AMIAMI TRAIL EAST . P.O. BOX 41.3044 NAPLES, FLORIDA3~101-3044 ,< ' Be ,~ ,.~., . ,. ; > . .~. " March 28, 2005 ~.:.. '_1 J1,'~;' Clerk of Courts Accountant Auditor Custodian of County Funds Karen Bishop PMS of Naples 2335 North Tamiami Trail, Suite 408 Naples, Florida 34103 Re: Notice of Public Hearing to consider Petition: PUDZ-A-2004-AR-6142, Warm Springs PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 10, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Q.~,k Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.n.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.n.us March 28, 2005 ~oupt~-!Jfe6~ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 330i TAMIAMI TRAIL EA:ST . P.O. BOX 4~044 NAPLES, FLORIDA:~4101-3044 .~i{ j ..J:~ 1~ , ",_f, 8e Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Naples Syndications, LLC 540 Myrtle Road Naples, Florida 34108 Re: Notice of Public Hearing to consider Petition PUDZ-A-2004-AR-6142, Warm Springs PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 10, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Q.~,k Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Web site- www.clerk.collier.fl.us Fax-(239) 775-2755 Emai1-collierclerk@clerk.collier.fl.us ac l~ ;s:,,::;';~ ,. f, -;'!lit:~ March 28, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-A-2004-AR-6142, Warm Springs PUD Dear Legals: Please advertise the above referenced notice on Sunday, April 10, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O.lAccount # 113-138312-649110 Be NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, April 26, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE WARM SPRINGS RPUD, TO PROVIDE FOR A MAXIMUM OF 540 DWELLING UNITS FOR A DENSITY OF 4.52 UNITS PER ACRE, FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR 846), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 03-64, THE FORMER NICAEA ACADEMY PUD, AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ-A-2004-AR-6142, Naples Syndications, LLC, represented by Karen Bishop of PMS Inc. of Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD ownership change. The property is located on the east side of Collier Boulevardl approximately one mile south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 119 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. q,-. I ,') '''1 . Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Linda A. Houtzer, Deputy Clerk (SEAL) LlA1.dcv A. tlOt.d:lf0V '1/~ r _ -~ "'.~ .~ . . .~:, -. ~ from: Sent- 70: Suiject- Linda Yl. JIOutzer :Monda}h :March 2~ 2005.l.24 P:M LegatS (I-maiO PV:JJZ-Yl-2004-YlR.-6.l42 0ood-./~fternoon (P[ease arfrcrtise tlie attacfierf notice on SUmhl}, );lpnl 10, 2005. {J {J PU DZ -A-2004-AR-EP U DZ -A-2004-AR-6 142.doc 142,doc {f YOll fiaH any questiom~preasc carr 77,1-8411. 1.fiank,}oII Lillda 5Hinutcs anrf 1(~co({ls 1 L~A. H.01At:lfW 8e .:'~ d . . ., /.) from: Sent. 70: Suiject. ClerkPostmaster .:Monda~ .:March 2~ 2005 ./.'24 P.:M .Linda J:l. :JIOutzer Veflvery Status .:NOt!fication (:Retay) r.~'] I~ r;~'M:1 L::.-J A TT891352.txt PUDZ-A-2004-AR-6 142 rh IS is dn m...t/(mull iealill i.fl!l1erateJ1)efh'e1'tl Status?\JotifrcaUon. - '" - - \jour rneSSd!Je ha,s 6een sllc'cess(u{{14 re{ayedto Uie((l([;rwinfJ recipwl1ts, [Jut {Fie yequc\'!c((({e{(veyy status not i(ical1011s In~nf not be [leneratedbtj Uie ({i?stmdUon. (eflo !.~'(i.Dn dpl;Jsncws, com 1 8e ,.,J ,j LUuUv A. tt out'lf€'V from: Sent: 70: Suo/eet. System Administrator (postmaster@nqp!esnews.com) Monda}h Marcfi 2~ 2005.l.79 PM .Linda A. .7IOutzer :Delivered: PV:DZ-A-2004-A:R-6.l42 B PUDZ-A-2004-AR-6 142 <<P'{l'DZ-,A-2004-,AlZ-(j142>> your IlleSSdlle 'To: L.eqa{,;' ('E-maiL) c SlLl1jecl: 'P'(jDZ-.'4-2004 ,_~tR -61.42 S'ell (: :i\loll. 28 :1\[ a I' ;lOU') 13:23:54 -OSO() lvas d;dLveredto thef()fl;nvin[/ recYJlClIt{sJ: (ef:l([ l~' on "'vt on, 28 :May 200') /3:18:41 -OSOO 1 PUDZ-A-2004-AR-6142 Page 1 of 1 Linda A. Houtzer Be . .i .' From: Sent: To: Perrell, Pamela [paperrell@naplesnews.com] Monday, March 28, 2005 1 :33 PM Linda A. Houtzer Subject: RE: PUDZ-A-2004-AR-6142 OK -----Original Message--m From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: MondaYI March 28, 2005 1:24 PM To: Legals (E-mail) Subject: PUDZ-A-2004-AR-6142 ~;ooaj1ftcmoo n 1'feasc a,{pcr!isc die allac/in{ notice on Sun,{ay,YlpnI 10. 2005. <<PUDZ-A-2004-AR-6142.doc>> <<PUDZ-A-2004-AR-6142.doc>> ~fyoll ha(Jc any questions, pfeasc carf7N-8411, Tfian(:,/Oll [ine{a :Mil1l1tes a n,{ 1?.rcon{s 3/2812005 Affidavit of Publication Naples Daily News - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - , -PUDz' 'A'Hi. AR-6142 ,- - - - -I petition PUOZ-A-2004. NOT '.Off TENT TO AR-61<U, NaGles Syndl. CO DER NANCE cations, LLC. repre- sented by Klll"4l" BiShoP Notice Is hMeby given of 'M. Inc. of Naples. BOARD OF COUNTY COMMISSIONERS that on TUD AY. April requeltlng a rezone 26. 2005, I e Board- from "PUO" to "PUO" CHERI LEFARA room,':Jrd . Admin- 'Plann,d UnIt Develop- lltratlon Ing. cot- ment. kftOwn as Warm PO BOX 413 016 ller CO ernment S~~".l!J?,bY revlsl~ NAPLES FL 34101-3016 ~~'l. 11IteS. FT~J:: ttastet ~;r'~~.r.- the loard of County Inll the allowecr dwelling comm.ISS, loners, will con- units by 2tO unlts to a I sIeler the en~ment of maxlmuin of 540 units. a a County O,rdlnance. denlltylncrease from, The m~t,ll""g will com- 2.1 unItS per ... to 4.52, I1l(!nCe lilt 9lClll A.M. The unl1lll HI' ......; to show ~~.~or- ~~~~ A. N 01'01"'1"01 OF 'I' HE ~~~~~:~: lOUD F 'COUNTY em !~.JoCat.of COIed o.n...^ t"nel_ CO MMI 510 MIl'S east _ . II1er...... AMENOINQOIlDlNANCI evard, approlllmately N " '2001.41; AS 0", mle SOuth of 1mmO- A . THE COLLIER kalee RoadLln sectlOh" .~HD'DEVELOP. 26 lownst1", 48Sout . M GO "WHICH IN. Rante 26 East,. CollIer CLUl>J${".', E!C.OMPRE. Countv.'FIOl'Ida. consls- HENStYE' ONING REGlI. tlng of119 +/- acres. LATIONS FOR THE UNIN- CORPORATED AREA OF&~~t":rl~()~'~ h%hWfbe::.1(:oTJd with' t.he cltrk to thle THE APPROPRIATE ZON. &qant llnCI. ...,avallab e INO ATLAS MAP OR for l~ All Inter- MAPS HE ested ..Dattle$....., Invited ZON ON to ~ and be heard. OF 't. IlE. SCRItlED' PROPER- ,.OTEI All 'persons 'l'Y FRO "PUO" TO WR' .to.$P8Ik on any "'PU I) , Iten'I must regls. 01 KNOW. ter w ,..' ht~unty ad- :s ~:'= ~f~:=~ A OF 540 item tqti'iaddresse~. OWE UN 1S FOR A IndM~. I~ r~k:i~:~~ DEN " 4.52 UNITS be um, '......... ' , ....AC PER fOR PROPER. ~':m ar:f 'a:."indlVlduait~ TY ~. ED ON 'THE speak=O behalf of an l""~ ~C~OW~ organ ,or group Is APPR TELY ONt. encOurage,. If recog. MILE SOUTH OF IMMO. nlZ4ICfW thectlalrman. KALE! ROAD ~ 846) IN a spoke$p.rson for a , .SECTIQN...26,OWNSkJ~ ~yu&eo~l=nl~a~f~ I 48 501...1-. ANOI 2.. utes ,to speak on an mTt..itlb~IA~?:tl~, Item, OF 11~ +1- ACRES' PRO- PeI'llOl1S w\StIInD t . have ~\.P~OlJlO" l wrltt,n '. ma- O:J.64.NI.' terlals In, the C EA AC PUD I Board pa.ckets A~D BY PROVI NG AN must s . ma- terial a m n UCb of 3 EFFECTIVE DATE. weeks prior to ~re- AD SPACE: 176.000 INCH \ frfectlve ;ir:ri:X: ::~~~_?~'_____~4/:1:05_____~____~_____________+_____------------------- ii~~ Signature of Affiant /"'" . ------- \ d ~c:,:~..l.'. it\ti~lr~~i- Sworn to and Subscribed I} day (! 20 t).5 ='.=. " '. . '. tGit'Toard . wlllba.comt a perma:- nent part of the reCord. Any pet'lIQn whQ decides ~ =:u=o~ r~! cord of thelill'cJceedlngs pertalnlng.tntf8to and , therefore. M ,need. to en sure'~, a, verbatim record of . proceed- Ings Is m e. Wtltch re- cord InCludes' the testi- mony and evidence upon which the appeal Is ..... B1l.M2.~OUNTY g~'mfCOUNTV. floors: FIALA. CHAIR- mGH'I' E. nOCK. ~l.lria.A,. Houtzer. ~, Cler1< ' Naples Daily News Naples, FL 34102 REFERENCE: 001230 59019712 113138312649110 PUDZ-A-2004-AR-6142N State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper.' PUBLISHED ON: 04/10 Be :.4 .., Personally known by me ". . ',"i~~. ,1tJrnel!i<I)Sh'" J' l.lJiVlIv!ISSIOI,! # ' ' ...ng , , )D23466; p'..., , 2007 ,..'11" I /'~"( ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .. 8 C THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. _. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval, Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item, Name of Primary Staff MIKE BOSI Contact Agenda Date Item was 4-26-05 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number PUD DOCUMENT ZO()s-11 Number of Original Documents Attached 659-5745 8C Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the [mal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on ...\0'1....-"0') (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. rl'f\' >1\1'( " ......QI<: to'" ~ I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26.05, Revised 2,24.05 2. 3. 4. 5. 6. ORDINANCE NO. 05- 21 4i 8 C AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIA TE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE WARM SPRINGS RPUD, TO REVISE THE PUD DOCUMENT AND MASTER PLAN BY INCREASING THE ALLOWED DWELLING UNITS BY 200 UNITS TO A MAXIMUM OF 450 UNITS, A DENSITY INCREASE FROM 2.1 UNITS PER ACRE TO 3.78 UNITS PER ACRE; TO SHOW A NAME CHANGE FROM NICAEA ACADEMY PUD; AND REFLECT THE PUD OWNERSHIP CHANGE., FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR 846), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119:!: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 03-64, THE FORMER NICEA ACADEMY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of Project Management Systems Inc., representing Naples Syndications, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development known as the Warm Springs RPUD, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 03-64, known as the Nicaea Academy PUD, adopted on November 18,2003, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 1 SECTION THREE: .8 C '.if!'; This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this d\" (\. day of Aft ': \ ,2005. ATTEST: DWIGHT E., ~OCK, CLERK >';~-"l , ,r~. ~. . '..' .',' /',> ~f - ...t.J' .0 .!" ,/,:_ ;';(Ji;iliQ{{), rC('. " ,'.:~tUlt~.'b'!eN ,..." " (~pat__..' ',9ft'11. Approv~d -a1 1:0 :F6tfu and Legal Sufficiency ~~'~-~ Marjo 'e M. Student-Stirling , Assistant County Attorney PUDZ-A-2004-AR-6142/MB/sp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ FRED W. COYLE, CHAIRM 2 ..8 C *. EXHIBIT "A" WARM SPRINGS PUD A Residential Planned Unit Development REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WARM SPRINGS PUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER eOUNTY LAND DEVELOPMENT eODE, OR sueeESSOR eODE. Prepared For: Naples Syndications, LLC 540 Myrtle Road, Naples, Florida 34108 PREPARED BY: PMS, Inc. of Naples 2335 Tamiami Trail N. Suite 408, Naples, Florida 34103 239.435.9080 I 239.435.9082fax AND MeAnly Engineering & Design, Inc. 5435 Park eentral et., Naples, Florida 34109 239.593.3299 ORIGINAL DOeUMENT DATE DATE FILED eURRENT DOeUMENT DATE DA TE REVIEWED BY cepe DATE APPROVED BY Bee ORDINANeE NUMBER AMENDMENTS AND REPEAL June 18. 2004 June 21. 2004 December 14.2004 December 16. 2004 April 26. 2005 '2005-21 8 C , ~i .. TABLE OF eONTENTS PAGE Statement of Compliance Section I Property Ownership and Description 1-1 Section II Project Development Requirements 2-1 Section III Residential Areas Plan 3-1 Table I Development Standards 3-3 Section IV Preserve Areas Plan 4-1 Section V Development Commitments 5-1 Exhibit "8" RPUD Master Plan STATEMENT OF eOMPLlANeE 8 C .., The development of approximately 119.45::!: acres of property in Collier County, as a Residential Planned Unit Development to be known as the Warm Springs RPUD will be in compliance with the planning goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Warm Springs RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict, on the Future Land Use Map. The westerly side of the project has 40.7 acres of the project located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 450 proposed units and resultant density of 3.78 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 Acres for an Urban Project Inside a Residential Density Band Base Density 4 dwelling units/acre Residential Density Band ~dwelling units/acre Maximum Permitted Density 7 dwelling units/acre 78.3 Acres for an Urban Project Outside a Residential Density Band Base Density 4 dwelling units/acre Maximum Permitted Density 4 dwelling units/acre Maximum permitted units = 40.7 acres x 7 dwelling units/acre = 285 units plus maximum permitted units = 78.3 acres x 4 dwelling units/acre = 313 units for a total maximum number of 598 dwelling units at a maximum density of 5.03 dwelling units/acre. Requested dwelling units = 450. Requested density = 3.78 dwelling units/acre. 8 C .;jj An additional Bonus Density consideration, available through the Affordable Housing provisions of the Growth Management Plan and Land Development Code (LDC), is not requested by this application. 6. All final local development orders for this project are subject to Chapter 6.02.01. Adequate Public Facilities, of the Collier County Land Development Code. 7. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element and the uses contemplated are consistent therewith. 8. The project will implement Objective 1 of the Housing Element by providing additional "workforce housing" dwelling units in Collier County, within the proposed master planned development. 9. The project will further the implementation of Policy 1.4 of the Housing Element by providing "workforce housing" in an area where planned infrastructure and services will be available. 10. The project will act to implement Policy 2.9 of the Housing Element by providing "workforce housing" dwelling units blended within the planned market rate development. 11. The development will be compatible with and complementary to existing and planned surrounding land uses. Specifically, the conservation land use along the north property line abuts a like land use over the adjacent Crystal Lake PUD. Additionally, the proposed density of 3.78 units per gross acre which includes 72 workforce housing units is complementary to the Bristol Pine PUD to the south of the subject parcel, which has an intensity of 6.98 units per acre and includes a 10% affordable housing component. 12. The development of the Warm Springs RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the Future Land Use Element. 13. The Warm Springs RPUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. 14. The native vegetation provisions of the Warm Springs RPUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. ii 8 C .. ... 15. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 16. By virtue that the project must comply with the provisions of Chapter 6 of the LDC, it will implement, and further Objective 8 of the Transportation Element. iii 8 C ,~ SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Warm Springs Residential RPUD. 1.2 LEGAL DESCRIPTION The subject property being 119.45:t acres, is fully described as the South % of the South % of the South % less the west 100 feet thereof; and the South % of the North % of the South % of the South % less the west 100 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by Naples Syndications, LLC, 540 Myrtle Road, Naples, Florida, 34108. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the eastern side of Collier Boulevard south of and abutting the Crystal Lake PUD (unincorporated Collier County), Florida. The property can be further described as being located north of the Bristol Pines PUD and 30 feet north of the private access easement, proposed to be included in the future Tree Farm Road. B. The entire project site currently has PUD Zoning and is proposed to be rezoned to RPUD. 1.5 PHYSICAL DESCRIPTION The project site is located outside of any specific drainage basin according to the Collier County Drainage Atlas. The outfall for the project is the Collier Boulevard Canal located along the western property boundary and the permitted maximum discharge rate is 0.15 cfs per acre. Natural ground elevation varies from 10.0 feet NGVD within the onsite wetland areas to 13.0 feet NGVD in the uplands. The average elevation being approximately 12.2 feet NGVD. The entire site is located within FEMA Flood Zone "X" with the base flood elevation undetermined. 1-1 8 C ~ The water management system of the project proposes the construction of a perimeter . berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to discharge. A water management system has been permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. Rules and regulations of SFWMD have been imposed upon this project including but not limited to those relative to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water, and wetland hydrology maintenance. The existing permit and associated ACOE permit is proposed to be amended reflecting the proposed development change and its drainage requirements. However, the permit-associated conservation easement and associated environmental permitting restrictions and requirements and wetland mitigation requirements shall remain. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #18-Riveria Fine Sand, limestone substratum, and areas of #16-0Idsmar Fine Sand and #10-0Idsmar Fine Sand, limestone substratum. The site vegetation consists primarily of slash pine, cabbage palm, and cypress trees with upland areas of slash pine and saw palmetto. 1.6 PROJECT DESCRIPTION The Warm Springs RPUD is a project proposed for a maximum of 450 residential units. These units are proposed to be developed as a multi-family project(s). Recreational facilities and other facilities and services may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, if applicable, and signage shall be designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. The developer has committed to provide 72 workforce housing units of the total 450 constructed dwelling units under the provisions and restrictions of the County's provisions for workforce housing. 1.7 PROJECT NAME This Ordinance shall be known and cited as the "Warm Springs Residential Planned Unit Development Ordinance" 1-2 8 C ~ SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and describe the project plan of the development, relationships to applicable County ordinances, the respective land uses within the project, as well as other project relationships. 2.2 GENERAL A. Regulations for the development of the Warm Springs Residential RPUD shall be in accordance with the contents of this Document, RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code, or successor ordinance, and Collier County Growth Management Plan in effect at the time of development order approval, where such standards are not otherwise addressed by this Document or the RPUD Master Plan which is an attachment to this document. Where these regulations fail to provide development standards, then the provisions of the most similar district in the Collier County LDC. The development of this RPUD shall be consistent with the RPUD Master Plan and its provisions. Additionally, development of this RPUD shall be governed by and consistent with the existing SFWMD ERP Number 11-01973-P and the existing ACOE permit number 200001393 (IP-DEY), as they may be amended. The regulations contained within the LDC shall govern when more restrictive, unless exempted by this document. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC, or successor ordinance, in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Warm Springs RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD, the provisions of other sections of the LDC where applicable remain in full force and effect with respect to the development of the land which comprises this RPUD. E. 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, as may be amended or superceded. 2-1 8 C .. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is illustrated graphically by Exhibit "B", RPUD Master Plan. 2.4 DESCRIPTION OF PROJECT DENSITY OR LAND USE INTENSITY A maximum of 450 residential multi-family dwelling units shall be constructed in the total project area. The gross project density, therefore, will be a maximum of 3.78 units per acre. 2.5 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREAS MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of the property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Section 2.03.06 of the LDC. 2-2 8 C . SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the land uses as designated on the RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 450 units, a gross density of 3.78 units per acre. 72 of the constructed units shall be workforce housing units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 2. Neighborhood amenity recreational uses including, pools, tennis courts, clubhouse, fitness center. 3. Offices, temporary sales trailers, and model units. A portion of the clubhouse facilities may be utilized as a temporary sale facility. Sales shall be limited to the onsite development. 4. Any other use deemed comparable in nature with the foregoing uses approved through the applicable LDC process. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3-1 8 C ~. 3. Any other use deemed comparable in nature with the foregoing uses and is approved through the applicable LDC process. C. General Permitted Uses: The following uses are permitted through the developable acreage of the RPUD. 1. Essential services, including interim and permanent utility and maintenance facilities. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Architectural features and elements including walls, fences, arbors, gazebos and the like. 7. 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. 8. Landscape / hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls. 9. Fill storage, site filling and grading. 10. Any other use deemed comparable in nature with the foregoing uses approved through the applicable LDC process. 3.4 DEVELOPMENT STANDARDS: A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel boundaries, except as otherwise provided. See Table I. 3-2 8 C ..':iI.; ('" TABLE I STANDARDS MUL TI-FAMIL Y Minimum Lot Area 40,000 sf Minimum Lot Width 1 00 ft Front Yard Setback (1) 28 ft when separated by parking from edge of driveway pavement 14 ft when not separated by parking Side Yard Setback 1 Story 7.5 ft 2 Story 10.0ft 3 Story 12.5 ft Accessory Structure 6.0 ft. Neighborhood Amenity the greater of 10ft or % the height of structure Rear Yard Setback Principal Structure 20 ft Accessory Structure 10 ft Lake Setback (from control elevation) 20 ft PUD Boundary Setback Principal Structure (2) 75 ft Accessory Structure 10 ft Lake Setback (measured from control) 25 ft Entry Gate 1 00 ft Preserve Setback Principal Structure 25 ft Accessory Structure 10 ft Distance Between Structures Main/Principal 1-Story 15 ft 2-Story 20 ft 3-Story 25 ft Neighborhood Amenity 25 ft Accessory Structures 12 ft Maximum Heiqht / Max. No. of Stories: Principal Building 45 ft / 3 stories Accessory Building 35 ft / 2 stories Minimum Floor Area 1 Bedroom = 750 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom = 1100 Sq. Ft. TABLE 1 NOTES: (1) Setback may include pedestrian sidewalk. (2) For first 1000 feet of Tree Farm Road the PUD setback for Principal Structures shall be 50 feet. TABLE 1 GENERAL NOTES: 1. Carports are permitted within parking areas. 3-3 3.5 Open Space Requirement: 3.6 Natural Habitat: 3.7 Conservation Area: 3.8 Architectural Standards: 3.9 Phasing: 8 C ,., 60 percent minimum (71.67 acres) 25 percent minimum (29.86 acres) 71.14 acres (existing SFWMD easement) (includes drainage infrastructure as permitted by SFWMD within conservation area, enhances desirable hydration of wetlands) Transition grades from the boundary of conservation areas shall be as permitted by the SFWMD. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: compatible architectural design and use of compatible materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall be the primary unifying design element of the development. The project shall be divided within two separate phases. The first phase shall allow 225 units to be constructed before the completion of the Collier Boulevard widening project. The second phase shall allow the remaining 225 authorized units to be constructed after the completion of the Collier Boulevard widening project from Immokallee Road to Golden Gate Boulevard. 8 C ifi 3-4 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the areas designated as "Preserve" on the RPUD Master Plan, Exhibit "B". 4.2 PERMITTED USES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required: A. Principal Uses: 1. Open spaces / nature preserves. B. Accessory Uses: 1. Jurisdictional agency permitted infrastructure improvements designed to be an enhancement to conservation area lands, including water management structures. 2. Supplemental landscape plantings, screening and buffering after appropriate environmental approval. 4-1 8 C .~ SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the final site development plan and all applicable State and local laws, codes, and regulations applicable to this RPUD in effect at the time of approval. Except where specifically noted or stated otherwise, the standards and specifications of the development order to which said regulations relate of the LDC shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall be bound the by the Master Plan and the regulations of the RPUD, as adopted. In addition, any successor or assignee in title to the developer is bound by the commitments within this Document. 5.3 RPUD MASTER PLAN A. Exhibit "B" represents the RPUD Master Plan B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in two phases. A. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13(F) of the Collier County LDC. B. The Warm Springs RPUD shall be subject to the Sunset Provisions of Section 10.02.13(0) of the Collier County LDC. 5-1 8 C ~{ 5.5 UTILITIES The developer shall provide a 30 foot by 50 foot public well easement abutting and north of the 40 feet dedicated right-of-way. The applicant has tentatively located the easement approximately 750 feet east of the southwest corner of the subject property. Final location shall be determined at the time of site development plan approval. 5.6 SIGNS All signs shall be in accordance with Chapter 5 of the LDC. 5.7 LANDSCAPING REQUIREMENTS A. Landscape Buffers: RPUD Perimeter Landscape Buffers and Other Internally Required Landscape Buffers: 1. CR 951 Canal: Where abutting the residential development: 20 foot width, LDC Type 0 Buffer 2. Tree Farm Road: Where abutting the residential development: 20 foot width, LDC Type 0 Buffer 3. Conservation Area: No buffer is required, except as noted elsewhere in this Document. 5.8 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County 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. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may 5-2 8 C be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a RPUD amendment is approved. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Section 6.02.01 of the LDC, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. 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. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. 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. J. If any required turn lane improvement requires the use of existing County right-of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. The donated 40' right-of-way shall satisfy this requirement for future turn 5-3 8 C - lanes on Tree Farm Road. The developer as outlined in the Developer Contribution Agreement as it relates to the Warm Springs PUD will pay for the turn lane improvements on Tree Farm Road. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the developer shall contribute its fair share contribution toward the cost of any such improvement. Such traffic signals shall be owned, operated and maintained by the County. L. The developer shall share in the design and construction costs of upgrading existing Tree Farm Road to minor collector status. These upgrades include improvements to the actual roadway and associated utilities including water and sewer facilities. M. The developer shall share in the design and construction costs of upgrading the bridge over the Big Cypress Canal. These upgrades include sidewalks on each side of the roadway component of the bridge together with an additional turn-lane. N. The developer shall share in the costs incurred for the design and construction of the right turn lane on the northbound side of Collier Boulevard (CR #951) onto Tree Farm Road. O. The developer shall provide the on-site water management facilities associated with the upgrade of Tree Farm Road to minor collector status. P. Full access from the development onto Tree Farm Road shall be allowed at the first entrance. Once the second entrance from Tree Farm Road into the development is completed, the access at the first entrance point may be limited to egress only, if deemed warranted by the County. Q. The developer shall pay all actual costs incurred for the design and construction of an eastbound left turn lane and a westbound right turn lane from Tree Farm Road leading into the development. R. The details of the payment of costs associated with the transportation improvements for the project are set forth in a Developers Contribution Agreement by and between the developer and Collier County dated January 11, 2005. S. The developer shall provide to the Collier County Transportation Division, a 50-foot Right-of-Way on the eastern portion of the project for the construction of the WoodcrestlMassey loop Road. 5-4 5.9 ENVIRONMENTAL 8 C A. This RPUD shall be consistent with the Environmental Sections of the Growth Management Plan (GMP) Conservation and Coastal Management Element and the LDC in effect a the time of final development order approval. B. All conservation areas shall be designated as easements with protective covenants. Any such easements shall be in favor of Collier County with no responsibility for maintenance. C. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. D. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. E. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan approval. F. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protect species. A Habitat Management Plan for those species shall be submitted to Environmental Review Staff for review and approval prior to site plan approval. G. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 foot setback. 5.10 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.03.06(E) of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.11 POLLING PLACES Pursuant to Section 2.01.04 of the LDC provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk 5-5 8 C ~ of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.12 AFFORDABLE HOUSING COMMITMENT Sixteen (16%) percent or 72 of the constructed dwelling units shall be workforce housing units, meeting the thresholds established by the County. Additionally, the developer shall comply with the applicable provisions, policies and procedures of the County's workforce housing program. No density bonus units shall be awarded for this commitment. These created units shall be owner occupied housing. 5.13 DEVIATIONS Deviation from LDC, Section 3.05.07 to allow alternative design for the conservation buffer where abutting residential development: Setback shall be grass or landscaped and no vegetative buffer shall be required except as provided for by the existing SFWMD permit, as may be amended. Where development tract(s) abut the conservation easement, a continuous hedge, 4 feet in height at installation and to be maintained at a height of 6 feet, shall be provided within the setback area to provide for a structural buffer. Shade trees or palms shall complement the hedge with a minimum spacing of 1 per 25 feet and trees and/or palms shall have an overall height of 10 feet at installation. 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'........... . . . . . . . . . . . . . . .:..........,....... . . . . o ;;0 -< Ul --0 )> ,- ,- )> ^ ITl Ul U C o ~~'" ~'" u c o [Il ;;;::X )>I UlCD -----j- [Il-----j :::u U I )> Z rn ~ AGRICULTURE ZONING DISTRICT ~ ~ NAPLES SYNDICATION, LLC WARM SPRINGS PUD PUD MASTER PLAN - EXHIBIT "B" MeANLY ENGINEERING h.~,~", Rf,?J ~t! 1u.1~'~111 ~ ~~J~A;:MCA~~:~tf~~~RE .. (2J9) !li~~A~S. fLOA?~~ ci~f~9J-J29B ~ REVISIONS OCSCRlPTlON COW[ll(0UN1YPL.......IIl;CClNMSSlOl+ 'Q.L.+I:'C"""'IYP1._~G(~UUlt+ '(...smH.~. (1lUJf. COJ~'~ ~L""""IG C<)'."~"ON DATE 0'I/0!l/M a:I/ll/ll'l Ot/ll;oe. Ot/)l,'m ::: ::: ~.. 8 C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-21 Which was adopted by the Board of County Commissioners on the 26th day of April 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of May, 2005, DWIGHT E, BROCK ""''''', Clerk of Courts ~n1':,~i~!r'Ji;, Ex-officio to Boa.tfl1,,'df ,',:~<:,~,e; County Commissi911:~~~n.\ . ,,':.J.- ; JJ ;,;:;" : '..:: . ~ ~:;. "~;{': ';;:..: ~ .~. .~ .;;," .~,\J:. ~.; .:'.~F ., 't'" ' ,'~ ,- By: Ann enneJ ohrt' .:t~...........,~'i.v> ,.., '.' "tJ:.rF'J" -,- Deputy Clerk .'....... 0. ..,0' 9A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should bc hand delivered to the Board Office. The completed routing slip lmd original documents are to be forwarded to the Board OfJice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the I exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafTfor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has aeted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was April 26, 2005 Agenda Item Number 9A Approved bv the BCC Type of Document Resolution Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. /1 ,1/ 'I..r< .J\\ N/A ( I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 9A MEMORANDUM DATE: May 20, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2005-172 Enclosed please find a copy of the document, as referenced above (Agenda Item #9A) approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, you may contact me at 732-2646 ext. 7240. Thank you, Enclosures , 9A RESOLUTION NO. 2005-172 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD. WHEREAS, Collier County Ordinance No. 92-80, as amended, provides that the Collier County Code Enforcement Boards shall consist of seven regular members and two alternate members; and WHEREAS, there are currently vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, a member serving as an Alternate is requesting that the Board of County Commissioners appoint him as a regular member. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Richard Kraenbring, previously representing the category of Alternate, is hereby appointed as a regular member under the category of Construction to the Collier County Code Enforcement Board to fulfill the remainder of the vacant term, said term to expire on February 14, 2008. 2. Justin DeWitte is hereby appointed as Alternate to the Collier County Code Enforcement Board to fulfill the remainder of the vacant term, said term to expire on February 14, 2007. 3. Jerry P. Morgan is hereby appointed under the category of Construction to the Collier County Code Enforcement Board to fulfill the remainder of the vacant term, said term to expire on February 14, 2007. This Resolution adopted after motion, second and majority vote. DATED: April 26, 2005 ATTEST: . ~.;_I\',:, DWIGH:r:E. BROCK'; Clerk '<i..' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ("'" "" - -\ <": ", "'>:~".:) ,,~, ...~ ... " '. . -<"'" By: 'JuJ- w, ~ FRED W. COYLE, Chairman 4' tQd~.~,~c: ~t~tP~ ~~.I. " ft1w.n' s s 1 glItWI ~...j\y~ \ Approved as to form and legal sufficiency: Jt~ ~& avid C. Weigel County Attorney Item# ~ Agenda If _~ _~ Date 1: 98 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be h,md delivered to the Board Ofiice. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and!or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe oftice only after the BCe has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was April 26, 2005 Agenda Item Number 9B Approved by the BCC Type of Document Resolution DS- -l13 Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. /~')"I \~::~;' N/A "'j , Il \.::/ ,./;" .t. I: Forms! County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 r 98 MEMORANDUM DATE: May 20, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2005-173 Enclosed please find a copy of the document, as referenced above (Agenda Item #9B) approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, you may contact me at 732-2646 ext. 7240. Thank you, Enclosures '.~' 98 RESOLUTION NO. 2005-173 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT MEMBERS TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes; and WHEREAS, Ordinance No. 95-22 provides that the Immokalee Enterprise Zone Development Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, there are currently vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Immokalee Enterprise Zone Development Agency has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Bernardo Barnhart, representing the Local Financial Entity in Zone category, is hereby appointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2009. 2. Curtis Blocker, Jr., representing the Resident category, is hereby appointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2009. 3. Eva J. Deyo, representing the Resident category, is hereby appointed to the Immokalee Enterprise Zone Development Agency to fulfill the remainder of the vacant term, said term to expire on April 4, 2006. 4. Fred N. Thomas, Jr., representing the Resident category, is hereby reappointed to the Immokalee Enterprise Zone Development Agency to for a 4 year term, said term to expire on April 4, 2009. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, relating to a limitation of two consecutive terms of office, and Section Five D. of Ordinance No. 2001-55, relating to a limitation of service to two committees simultaneously for the purpose of reappointment of Fred Thomas Jr., to this Committee. J;'" This Resolution adopted after motion, second and majority vote. DATED: April 26, 2005 98 ATTEST=, . ...:CM~' ., \ '" DWIGtlTE: BR0~; Clerk ~ . <' '; ::~.. ..~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, Chairman Item# 96 ~~~;da ~~~ -OS- ORIGINAL DOCUMENTS CHECKLIST & ROUTING S:r TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO fl A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA T H . Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. Thc completed routing slip and original documents are to be forwarded to the Board Off1ce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throuoh routino lines #1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was Ap roved by the BCC Type of Document Attached 1. 2. 3. 4. ---- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION c., fgenda Item Number Number of Original Documents Attached Phone Number R-lD H p"" r-;. :J. f!..~ (' D /U ho~ 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on ") ~. (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. ".J -:~,. yo::? ..;2Lf2 L( 104- ) Yes (Initial) N/A (Not A licable) (' IL ({L (, tL lJ{}, I: FOlms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: May 2, 2005 To: Cheri Rollins Environmental Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-174 Enclosed please find one copy of the document, as referenced above, (Agenda Item #10A), approved by the Board of County Commissioners on April 26, 2005 If you should have any questions, please call 774-8411 Thank you. Enclosure IDA MEMORANDUM Date: May 2, 2005 To: Sue Filson BCC Executive Manager From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-174 Enclosed please a copy of the document, as referenced above, (Agenda Item #10A), approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure lOA . MEMORANDUM Date: May 2, 2005 To: Michael Pettit, Assistant County Attorney Office of the County Attorney From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-174 Enclosed please find one copy of the document, as referenced above, (Agenda Item #10A), approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure IDA : "':~;;. ~ ~ RESOLUTION NO. 2005- 174 lOA '" 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 developing and implementing 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 determining 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. The Committee membership should have representation from various residents who are registered voters of Collier County. 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 without 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 or its successor ordinance. 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 shall 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. IDA B. To evaluate the feasibility of using a Countywide Habitat 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. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. SECTION FIVE: Dissolution of Committee. At the conclusion of three (3) years from the date of this Resolution, the Committee's services shall be dissolved; however, if by resolution the Board of County Commissioners extends the term of the Committee, dissolution shall occur at the end of the extended term. This Resolution adopted after motion, second and majority vote. DATED: April 26, 2005 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1uJ-W. ~ Fred W. Coyle, Chairma ".;.. ':',\,.-(,~'<",+"" -' ,,::,;;,.\'''':,:.: ~ : .~ . ';:i;." ~i_'''''''' - ':r".J 'l'.t. ,.,' ,.' _, ,'_ ..._.,v : st ". ".: A"~(as.", ({~Jfl and legaf~~l~'V.~: ~~/~ Michael W. Pettit Chief Assistant County Attorney ltem# JM- Agenda ~ . Zj; , 05 Date Date ~'Z..c(-05 Rec'd 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOB TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ..~ exception of the Chairman's signature, draw a line throul!h routinl! lines #1 throul!h #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl! order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressces above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. ) Name of Primary Staff Gianfranco Nicolaci Phone Number 213-5859 Contact Agenda Date Item was April 26, 2005 Agenda Item Number lOB Approved by the BCC Type of Document Agreement Number of Original 4 Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, GAJ resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's I\J ;A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the G'N document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's (Bt\J signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 61\J Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 4/26/05 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's 61\} Office has reviewed the chanees, if applicable. INSTRUCTIONS & CHECKLIST MEMORANDUM Date: May 2, 2005 To: Gianfranco Nicolaci Trans/S tormwater Management From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Collier County Stormwater System Improvements; #OT051025 - Westlake Outfall Improvement Project (Project File no. 510056.02) #OT050976 - Design and Construction of Gordon River Water Quality Park (Project File no. 510053.02) Enclosed please find one (I) original of each of the documents, as referenced above, (Agenda Item #10B) approved by the Board of County Commissioners on Tuesday, April 26, 2005. Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure (2) 108 '.. ..,.. .:' . OR j GIl~P\L 108 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY This number must appear on all Invoices and Correspondence OT050976 Address: 3301 E. Tamiami Trail Naples, FL 33412 MBE PARTICIPATION: 0 % COST SHARING INFORMATION Project Manager: Ricardo Valera, PE Telephone No: 239-774-8192 Fax No: 239-659-5790 Hereinafter referred to as: COUNTY Total Project Cost: $ 1,000,000.00 COUNTY Contribution: $500,000.00 PROJECT TITLE: DESIGN AND CONSTRUCTION OF GORDON RIVER WATER QUALITY PARK The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "B" - General Terms & Conditions Exhibit "c" - Statement of Work Exhibit "D" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "F" - Not Applicable Exhibit "G" - Not A licable TOTAL DISTRICT CONSIDERATION: $ 500000 Multi-Year Funding (If Applicable) Exhibit "H" - Not Applicable Exhibit "I" - Not Applicable Exhibit "J" - Not Applicable Exhibit "K" - Not Applicable Exhibit "L" - Not Applicable Exhibit "M" - Not Applicable Exhibit "N" - Not A licable AGREEMENT TYPE: Not-to-Exceed *Subject to District Governing Board Annual Budget Approval TERM: Three 3 Years District Project Manager: Elizabeth Abbott Telephone No: 239-338-2929 Fax No. 239-338-2936 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: EFFECTIVE DATE: Last Date of Execution bv the Parties District Contract Specialist: Jim Robinson 561-682-6373 Fax No.: 561-682-5373 SUBMIT NOTICES TO THE COUNTY AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Department Collier County 3301 E. Tamiami Trail Naples, FL 33412 Attention: Ricardo Valera, PE Title: IN WITNESS WHEREOF, the authorized representative hereby executes this Contract on this date, and accepts all Terms and Conditions under which it is issued. COLLIERCOUM ~ W. Accepted By: Signature of Authorized Representa . C FR~D W. COYLE, C I~ ,B~i\...RD.. r.' C. au TY- 0 SIONERS . -' \4 .~UJ /Ot? .~.'.::.: :.;t~"::), SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Accepted By: Date: Frank Hayden, Procurement Director Date: 1; APPROVED j ~B.~_: ~' - ',,' . . . BY- . ,. J~(l. ,;:; j;G.- Attest c to:~"::'~ S1?~at~~~ OAll.' . .. Date: /' Y-7'e.~ ,,':.t'.j:C7" ~;j.:~:, ~", 'L.'~~". t. "... ..', .' . . ~I ~"~L~ t"" ~. ... "'. ., ~,h""r '... . -......, ......, ~... . ~Q'.lo~~~j .I~t'"":''t":l"S.~1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT lOB EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely 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 COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology. lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event COUNTY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities, the COUNTY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "c" and shall require each individual performing such on-site work to execute the Attachment 1 form. It is the COUNTY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C". The COUNTY shall determine the method, details and means of performing the services, within the parameters established by Exhibit "C". The DISTRICT shall provide additional guidance and instructions to COUNTY's employees or hired workers where necessary or appropriate as determined by the DISTRICT. ... ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the funding allocations for each DISTRICT fiscal year indicated on the cover/si!,,'nature page of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate 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 fmal DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEl\fENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment Page 1 of9, Exhibit "B" Contract File:\County.doc 02/03/05 SOUTH FLORIDA WATER MANAGEMENT DISTRIC~l 0 8 EXHIBIT "B" GENERAL TERMS AND CONDITIONS within one (1) year following the expiration or tennination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address spec({ied on the cover/signature page of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justifY hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports (including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 3.3 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 defmed as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified 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 Section 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the COUNTY to follow the instructions set forth in the AGREEMENT regarding a proper ,:t I .. invoice and acceptable services and/or deli\'erables 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 COUNTY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which 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. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover/signature page of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices requireel by this AGREEMENT shall be considered Page 2 of9, Exhibit "B" Contract File:\County.doc 02/03/05 8-41, ". .<0. . do' ',,- \ I.~ . ,. SOUTH FLORIDA WATER MANAGEMENT DISTRI60 B EXHIBIT "B" GENERAL TERMS AND CONDITIONS delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Nwnber specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY walTants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimwn bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. 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. 5.2 In the event 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 for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, and pay on behalf, and hold the DISTRICT harmless from all damages ansmg m connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 It is the policy of the DISTRICT to ',~ .;"\j . encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "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 COUNTY 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 COUNTY shall have thirty (30) days to cure the breach. If the COUNTY 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 COUNTY 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 COUNTY 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, F.A.C. in making a determination as to whether a COUNTY 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 reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may tenninate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The perfonnance 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 tennination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which perfonnance of work under the Page 3 of9, Exhibit liB" Contract File:\County.doc 02/03/05 e SOUTH FLORIDA WATER MANAGEMENT DISTRIJ 0 B EXHIBIT "B" GENERAL TERMS AND CONDITIONS AGREEMENT is terminated, and the date upon which such tennination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. 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 COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 In the event a dispute arises which the project 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 The DISTRlCT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circwnstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRlCT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon reswnption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. ~..; ,;' .. ;' '" JI 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such COlJNTY matching funding and/or in-kind services becomes unavailable, that shaH be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSIDP 7.1 The COUNTY shall maintain records and the DISTRICT shaH have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain aH fmancial and nOll- fmancial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting docwnentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving fmal 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 years from the date of fmal payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal 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, and all such records shall be made readily available to the DISTRICT. Page 4 of9, Exhibit "B" Contract File:\County.doc 02/03105 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" 1 0 B GENERAL TERMS AND CONDITIONS 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in 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 COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the .. COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $1,000.00 and with a normal expected life of one (I) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in \vriting within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 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. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in Page 5 of9, Exhibit "B" Contract File:\County.doc 02/03/05 SOUTH FLORIDA WATER MANAGEMENT DISTRlcl 0 B .~~ EXHIBIT "B" JJ GENERAL TERMS AND CONDITIONS any activity under this . AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 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 justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months must have passed since that person was placed on the convicted vendor or discriminatory vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to innnediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is included on the list of Specially Designated Nationals and Blocked Persons (SDN List) which is administered by the U.S. Department of Treasury, Office of Foreign Assets Control. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to innnediate termination by the DISTRICT, in the event there is any misrepresentation. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.6 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.7 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.8 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. 8.8.1 Pursuant to Sections 119.07(3)(0), and 1004.32 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.08I(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COT.JNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same Page 6 of9, Exhibit liB" Contract File:\County.doc 02/03/05 8 SOUTH FLORIDA WATER MANAGEMENT DlSTRICT1 0 B EXHIBIT liB" GENERAL TERMS AND CONDITIONS upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.9 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to tenninate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.10 Pursuant to Section 216.347, ES., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.11 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY 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 independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts \vith other parties for similar services. 9.2 In the event that the COUNTY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the COUNTY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the COUNTY's staff shall not be eligible for any benefit programs the DISTRICT offers to its employees. All benefits available to the COUNTY's staff shall be exclusively provided by the COUNTY or by the COUNTY's employee. The COUNTY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and COUNTY employees and shall indemnify and hold the DISTRICT hannless from any failure by the COUNTY to comply ,,"ith such laws. The COUNTY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.S.c. 201, et.seq., including pa)ment of overtime in accordance with the Act. 9.2.5 Providing employee trauung for all activities necessary for job performance, except those functioris that are unique to the DISTRICT, in which Page 7 of9, Exhibit "B" Contract File:\County.doc 02/03/05 f) SOUTH FLORIDA WATER MANAGEMENT DISTRIC). 0 B EXHIBIT "B" GENERAL TERMS AND CONDITIONS event, the DISTRICT, in. its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.4 The COUNTY 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 void. 9.5 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.6 TIle DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - MBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. 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" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the follo\\wg order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) 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 provIslOn 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, Page 8 of9, Exhibit "B" Contract File:\County.doc 02/03/05 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT lOB EXHIBIT "B" GENERAL TERMS AND CONDITIONS enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY 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 inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The COUNTY shall comply with all applicable Federal, State and local safety standards, regulations applicable to the work performed pursuant to this AGREEMENT. 12.2 The COUNTY shall be responsible for the compliance of its subcontractors with all applicable Federal, State and local safety standards/regulations applicable to the work performed pursuant to this AGREEMENT. Page 9 of 9, Exhibit "B" Contract File:\County.doc 02/03/05 lOB EXHIBIT "C" STATEMENT OF WORK GORDON RIVER WATER QUALITY PARK 1. INTRODUCTION Naples Bay, located on the southwest coast of Florida in Collier County, is a relatively nan-ow and shallow body of water ranging in width from 75 to 1500 feet and depth of 1 to 23 feet. Salt water enters the Bay from the south through Gordon Pass and mixes with freshwater entering the north end from the Golden Gate Canal, Rock Creek, Haldeman Creek, and the Gordon River. While the Bay once drained about 20 square miles, it is now the receiving body from approximately 120 square miles due to the construction of the Golden Gate Canal system and its linkage to the Bay. The Bay's historical watershed was comprised of swamps, marshes and sloughs that replenished aquifers, supported plant and animal life, and supplied water for a relatively low human population in the region. However, beginning in the mid-twentieth century, the watershed's landscape began to change from this natural setting to agriculture in the east, and, particularly in the western portion of the watershed, to highly urbanized land uses. The development of urban infrastructure in the form of roads, utilities, canals, and recreational facilities has resulted in the loss of many historic flowways to the Bay. Increases in impervious surfaces have also increased both the quantity of water running off the land and the amount of pollutants being carried with that water into the Bay. The seagrasses, mangroves, and oyster reefs of Naples Bay have been affected by excess fresh water, polluted runoff, and development, and long been recognized as needing restoration. Problems were identified when the Florida Legislature created the Big Cypress Basin in 1976. During the last three decades, the Big Cypress Basin Board has undertaken aggressive efforts to reduce the freshwater inflow to the Bay by constructing numerous water management facilities and efficiently operating and maintaining a network of canals, water control structures, and pump stations. The Conservancy of Southwest Florida completed a comprehensive scientific study of the Bay in 1979 that included recommendations for restoring its ecological health. In 2003, the Governing Board of the South Florida Water Management District (District) authorized the initiation ofa Surface Water hnprovement and Management Plan for the Bay. In 2004, the District received funding from the Florida State Legislature for a series of watershed restoration projects in Southwest Florida that stretch from Charlotte Harbor in the north to Naples Bay and the Ten Thousand Islands in the south. These projects were grouped into five Watershed Initiatives. Within the Naples Bay Watershed Initiative are several projects addressing important water restoration and management issues in Collier County. The goals of the Initiative are to: Construct stormwater treatment structures/facilities ~hat improve polluted runoff, · Reduce the amount of freshwater entering the Bay and, ultimately, · Restore sea grasses, oyster reefs, and mangroves in the Bay. Page 1 of3, Exhibit "C", Agreement No. OT050976 108 One of the locations within the Naples Bay watershed that would greatly benefit from improved stormwater management is the Gordon River Basin. The heavily urbanized Gordon River Basin includes the eastern section of the City of Naples and parts of unincorporated areas of western Collier County. Chronic flooding problems along the Goodlette-Frank Road corridor are a result of a lack of adequate stormwater management facilities. Stormwater runoff from the basin continues to carry pollutants into Naples Bay. This agreement provides funding to Collier County to design, permit and construct a storm water treatment facility to provide flood relief, surface water quality treatment and recreational opportunities via a project called the Gordon River Water Quality Park. The project is approximately 50 acres in size and is located east of Goodlette-Frank: Road and North of Golden Gate Parkway within the City of Naples. 2. OBJECTIVES The purpose of the Gordon River Water Quality Park is to attenuate flooding by reducing flows and durations of water events in the Gordon River Basin while improving water quality, wetland habitat, and groundwater recharge. Minimal to no water quality treatment is envisioned. The project also will provide an area for passive recreation and natural resource appreciation. The Park design is intended to address both existing and projected stormwater conditions. The Park design shall be consistent with the Gordon River Extension Basin Study Phase IV. The project shall maximize the public's participation in all phases of the project process and the project shall develop a system which promotes environmental protection and provides recreational opportunities. The project shall not adversely impact jurisdictional wetlands. 3. SCOPE OF WORK The scope of work for this cooperative agreement is to design, permit and construct the Gordon River Water Quality Park. This includes data collection, alternative analysis, hydrologic modeling and analysis as needed, preliminary and final design plans and specifications, construction bidding and award, construction and project management. Additionally, public outreach will be performed as an integral part of the project development and implementation. The Park is envisioned to entail a potential pump station and/or larger culvert delivering water from the Goodlette Frank Road, a series on interconnected, cascading ponds making up the treatment train to include littoral shelves, landscape planting, and a means of mixing action to accelerate the normal biological and chemical water quality improvement processes, a bypass structure, and a discharge structure. Also, recreational attributes such as a pervious parking area, recreational trails, benches, lighting, trash receptacles, are anticipated. 4. WORK BREAKDOWN STRUCTURE The County shall be responsible for the satisfactory completion of these projects and may retain a consultant to provide the professional services needed to complete the design, plans, specifications and permits, and to assist the County during construction. Page 2 00, Exhibit "C", Agreement No. OT050976 108 .. The County shall be responsible for project management, budget management and quality control and public outreach. The County shall be responsible for reviewing and approving deliverables from the consultant to ensure that the project objectives are met. 4.1 Task 1: Design/Permitting Task 1. The County shall be responsible for completion of the design and permitting processes for this Project. In accordance with State and County regulations the County may acquire the services of a consultant to perform the activities necessary to design and permit the Project however, the County shall be responsible for the complete Project including the work of a consultant. In addition any public outreach shall be the responsibility of the County. Task 1 Deliverables: One copy of the Notice to Proceed with design, one copy of the 60% and one copy of the 100% Design Plans and a copy of all necessary Permits. 4.2 Task 2: Project Pre-Construction Task 2: In accordance with State and County regulations the County shall provide for the selection of a competent firm to construct the Project. The County shall be responsible for the processes of acquisition including, but not limited to, specification development, bid documents, technical review and contractor selection. Task 2 Deliverable: Copy of the County Commissioners approval of a Construction Contractor. 4.3 Task 3: Construction Task 3: The County shall be responsible for the construction of the Project which shall include, but not be limited to, project management and engineering oversight, of all construction Task 3 Deliverables: Copy ofthe 50% Completion Certification and the Construction Substantial Completion Certification 4.4 Task 4: Final Letter Report Task 4: On completion of the project, the County shall prepare a final letter report to the District that summarizes the work, accomplishments, and improvements to the watersheds. Task 4 Deliverable: Final letter report including Engineer's Certificate of Construction Completion Page 3 of3, Exhibit "C", Agreement No. OT050976 108 EXHIBIT "D" PAYMENT AND DELIVERABLES SCHEDULE · A summary deliverable and payment schedule associated with this project is set forth below. · Specific deliverables associated with each task are in the summary table below. Due dates for all deliverables are set forth below. · All deliverables submitted hereunder are subject to review and acceptance by the District. · Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. . · Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit "C" Statement of Work requirements. · Total payment by the District for all activities hereunder shall not exceed the amount of $500,000.00. The District's cost share amount shall not exceed 50% of the total project cost. Task 1: Design/Permitting 60% Design Plans 4 months $100,000 100% Design Plans and 9 months Permits Construction Notice-to- Proceed Construction 50% Com letion Certification 18 months Construction Substantial 24 months Com letion Certification Task 4: Final Letter Final Letter Report with 30 months Re ort Certificate of Com letion NOT -TO-EXCEED PROJECT TOTAL $500,000 $100,000 Task 2: Biddin Task 3: Construction with 12 months $50,000 $200,000 n/a n/a * All dates are referenced from the date of execution of this agreement and are estimated. ** The District shall only be obligated to pay for documented actual expenditures within the not- to-exceed amounts specified above. In the event actual expenditures by the County are less than the not-to-exceed for a particular task, the County shall have the right to apply the unexpended balance towards a subsequent task. The County shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $500,000 as specified Page 1 of 2, Exhibit "D", Agreement No. OT050976 lOB above for this agreement. The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Page 2 of 2, Exhibit "0", Agreement No. OT050976 . ORIGINAL , 0 B ~ _ SOUTH FLORIDA WATER MANAGEMENT DISTRICr . 'fI;JI AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY Address: 2885 Horseshoe Drive South Naples, FL 34104 Project Manager: Ricardo Valera, PE Telephone No: 239-774-8192 Fax No: 239-659-5790 Hereinafter referred to as: COUNTY This number must appear on all Invoices and Correspondence OT051025 MrnEPARTIC~ATION: 0% PROJECT TITLE: COLLIER COUNTY STORW ATER SYSTEM IMPROVEMENTS The following Exhibits are attached hereto and made a part of this AGREEMENT: IN WITNESS WHEREOF, the authorized representative hereby executes this Contract on this date, and accepts all Terms and Conditions under which it is issued. COLLIER COUNTY Accepted By: . ~ .ill.... 1. Si~~; of1funorized Re FRED W. COYL , , , Exhibit "A" - Not Applicable Exhibit "B" - General Terms & Conditions Exhibit "C" - Statement of Work Exhibit "0" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "F" - Not Applicable Exhibit "G" - Not A licable TOTAL DISTRICT CONSIDERATION: $ 400 000.00 Multi-Year Funding (If Applicable) Fiscal Year: October 1,2005 - September 30,2006 $ 250,000.00 Fiscal Year: October 1,2006 - September 30, 2007 $ 150,000.00. *Subject to District Governing Board Annual Budget Approval TERM: Two 2 Years District Project Manager: Elizabeth Abbott Telephone No: 239-338-2929 Fax No. 239-338-2936 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Department Title: Date: "~,;~_.:,;~.: .....: ~'~'. "'- ._.........;~..._. ,\...... . BY: II W' C'haf....n.! ~.1.n. ....~_........ tlJc,. Exhibit "H" - Not Applicable Exhibit "I" - Not Applicable Exhibit "J" - Not Applicable Exhibit ilK" - Not Applicable Exhibit "L" - Not Applicable Exhibit "M" - Not Applicable Exhibit "N" - Not A licable AGREEMENT TYPE: Not-to-Exceed Fiscal Year: October 1,2007 - September 30, 2008 $ . EFFECTIVE DATE: Last Date of Execution b the Parties District Contract Specialist: Jim Robinson Telephone No: 561-682-6373 Fax No.: 561-682-5373 SUBMIT NOTICES TO THE COUNTY AT: Collier County 2885 Horseshoe Drive South Naples, FL 34104 Attention: Ricardo Valera, PE SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Accepted By: Frank Hayden, Procurement Director Date: NT,APPROVED Date: "yr IS.. or' . ApprotOli.-':" t.lormp, "ynJ D~<;;';"'"" - /O~ ~ . ~ts..n:; f';ullllty Attorney . ORIGINAL ~ SOUTH FLORIDA WATER MANAGEMENT DISTRldrO B ~ AGREEMffiNT THE SOUTH FLORIDA WATER MANAGEMENT . DISTRICT (bereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY Tbis number must appear on all Invoices and Correspondence OT051025 Address: 2885 Horseshoe Drive South Naples, FL 34104 MBE PARTICIPATION: 0 % Project Manager: Ricardo Valera, PE Telephone No: 239-774-8192 Fax No: 239-659-5790 Hereinafter referred to as: COUNTY PROJECT TITLE: COLLIER COUNTY STORW A TER SYSTEM IMPROVEMENTS The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "B" - General Terms & Conditions Exhibit "C" - Statement of Work Exhibit "0" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "F" - Not Applicable Exhibit "G" - Not A licable TOTAL DISTRICT CONSIDERATION: $ 400 000.00 Multi-Year Funding (If Applicable) Fiscal Year: October 1, 2005 - September 30, 2006 $ 250,000.00 Fiscal Year: October 1,2006 - September 30,2007 $ 150,000.00. *Subject to District Governing Board Annual Budget Approval TERM: Two 2 Years District Project Manager: Elizabeth Abbott Telephone No: 239-338-2929 Fax No. 239-338-2936 SUBMIT fNVOICES AND NOTICES TO THE DISTRICT AT: Exhibit "H" - Not Applicable Exhibit "I" - Not Applicable Exhibit "J" - Not Applicable Exhibit "K" - Not Applicable Exhibit "L" - Not Applicable Exhibit "M" - Not Applicable Exhibit "N" - Not A licable AGREEMENT TYPE: Not-to-Exceed Fiscal Year: October I, 2007 - September 30, 2008 $ . EFFECTIVE DATE: Last Date of Execution b the Parties District Contract Specialist: Jim Robinson Telephone No: 561-682-6373 Fax No.: 561-682-5373 SUBMIT NOTICES TO THE COUNTY AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Department Collier County 2885 Horseshoe Drive South Naples, FL 34104 Attention: Ricardo Valera, PE IN WITNESS WHEREOF, the authorized representative hereby executes this Contract on this date, and accepts all Terms and Conditions under WchoiCLhLitIIE'sRisscueod.u~ W. ~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD ~~~ ~~~ Signature of Authorized Representative FRED W. COY E, IRMAN ,. Cc.-- ISSIONERS Frank Hayden, Procurement Director Title; Date; Date: ~_"'~J ~- "':~~~"" '.- "~i'~//': ,} " J!l" .k ::: 19Mhr. 0.1,. NT,APPROVED Date: "Y~ IS.. 0)' Awrot~;:ormp~C" . Asaista.nt County Attorney (8 SOUTH FLORIDA WATER MANAGEMENT DISTRlCl 0 8. EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely 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 COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event COUNTY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities, the COUNTY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual performing such on-site work to execute the Attachment 1 form. It is the COUNTY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C". The COUNTY shall determine the method, details and means of performing the services, within the parameters established by Exhibit "C". The DISTRICT shall provide additional guidance and instructions to COUNTY's employees or hired workers where necessary or appropriate as determined by the DISTRICT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.] The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year funding allocations for each DISTRICT fiscal year indicated on the cover/signature page of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate 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 fmal DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Page] of9, Exhibit "B" Contract File:\County.doc 02/15/05 8' . . ti SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" 1 0 B~; GENERAL TERMS AND CONDITIONS ' . ~ The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports (including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 3.3 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 defmed as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified 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 Section 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the COUNTY 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 COUNTY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which 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. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the perfonnance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All fonnal notices between the parties tmder this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover/signature page of the AGREEMENT. The COUNTY shall also provide a copy of all notices to Page 2 of9, Exhibit liB" Contract File:\County.doc 02/15/05 SOUTH FLORIDA W ;~~~~.AGEMENT DISTRICl 0 B' GENERAL TERMS AND CONDITIONS the DISTRICT's Project Manager. 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. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. 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. 5.2 In the event 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 for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, and pay on behalf, and hold the DISTRICT hannless from all damages ansmg m connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "material breach" is defmed 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 COUNTY 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 COUNTY shall have thirty (30) days to cure the breach. If the COUNTY 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 COUNTY 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 COUNTY 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, F.A.C. in making a determination as to whether a COUNTY 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 reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The perfomance 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 Page 3 of9, Exhibit "B" Contract File:\County.doc 02/15/05 <9 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 1 0 B termination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. 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 COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 In the event a dispute arises which the project 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 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such COUNTY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTlON/ OWNERSIDP 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records~ The COUNTY shall maintain all fmancial and nOll-fmancial records and reports directly or indirectly related to tlle 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 years from completing performance and receiving fmal 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 years from the date of fmal payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal 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, and all such Page 4 of9, Exhibit "B" Contract File:\County.doc 02/15/05 f) SOUTH FLORIDA WATER MANAGEMENT DISTRICt 0 8. EXHIBIT "B" . . GENERAL TERMS AND CONDITIONS records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in 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 COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copYTight or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "c" shall remain with the Licensor. .. .. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defmed as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $1,000.00 and with a nonnal expected life of one (1) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 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. Page 5 of9, Exhibit "B" Contract File:\County.doc 02/15/05 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICll 08 EXHIBIT "B" 1 GENERAL TERMS AND CONDITIONS 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 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 justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that person was placed on the convicted vendor or discriminatory vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is included on the list of Specially Designated Nationals and Blocked Persons (SDN List) which is administered by the U.S. Department of Treasury, Office of Foreign Assets Control. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to innnediate termination by the DISTRICT, in the event there is any misrepresentation. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.6 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.7 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, connnission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, connnission, percentage, gift, or other consideration. 8.8 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. 8.8.1 Pursuant to Sections 119.07(3)(0), and 1004.32 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) Page 6 of9, Exhibit "B" Contract File:\County.doc 02/15/05 SOUTH FLORIDA WATER MANAGEMENT DISTRIClI 0 B EXHIBIT "B" ~ GENERAL TERMS AND CONDITIONS sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.9 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY 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. 8.10 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.11 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY 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 independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 In the event that the COUNTY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the COUNTY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the COUNTY's staff shall not be eligible for any benefit programs the DISTRICT offers to its employees. All benefits available to the COUNTY's staff shall be exclusively provided by the COUNTY or by the COUNTY's employee. The COUNTY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and COUNTY employees and shall indemnify and hold the DISTRICT harmless from any failure by the COUNTY to comply with such laws. The COUNTY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.S.C. 201, et.seq., including payment of overtime in accordance with the Act. Page 7 of9, Exhibit "B" Contract File:\County.doc 02/15/05 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT lOB EXHIBIT "B" GENERAL TERMS AND CONDITIONS 9.2.5 Providing employee training for all activities necessary for job perfonnance, except those fimctions that are unique to the DISTRICT, in which event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.4 The COUNTY 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 void. 9.5 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.6 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT perfonnance. ARTICLE 10 - MBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. 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" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General Tenus and Conditions (c) Exhibit "c" Statement of Work (d) 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 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. 11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circlll11$tance during the term hereof, by force of any Page 8 of9, Exhibit "B" Contract File:\County.doc 02/15/05 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS .i-C.~.'. . , ...... .. .!: 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. 11.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY 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 inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The COUNTY shall comply with all applicable Federal, State and local safety standards, regulations applicable to the work performed pursuant to this AGREEMENT. 12.2 The COUNTY shall be responsible for the compliance of its subcontractors with all applicable Federal, State and local safety standards/regulations applicable to the work performed pursuant to this AGREEMENT. Page 9 of9, Exhibit liB" Contract File:\County.doc 02/15/05 EXHIBIT "C" STATEMENT OF WORK CONSTRUCTION OF GORDON RIVER BASIN STORMW A TER SYSTEM IMPROVEMENTS WESTLAKE OUTFALL IMPROVEMENTS AND TWIN LAKES INTERCONNECT lOB ."l1.;.. .. ',,' '~ '~f ~ 1. INTRODUCTION Naples Bay, located on the southwest coast of Florida in Collier County, is a relatively narrow and shallow body of water ranging in width from 75 to 1500 feet and depth of 1 to 23 feet. Salt water enters the Bay from the south through Gordon Pass and mixes with freshwater entering the north end from the Golden Gate Canal, Rock Creek, Haldeman Creek, and the Gordon River. While the Bay once drained about 20 square miles, it is now the receiving body from approximately 120 square miles due to the construction of the Golden Gate Canal system and its linkage to the Bay. The Bay's historical watershed was comprised of swamps, marshes and sloughs that replenished aquifers, supported plant and animal life, and supplied water for a relatively low human population in the region. However, beginning in the mid-twentieth century, the watershed's landscape began to change from this natural setting to agriculture in the east, and, particularly in the western portion of the watershed, to highly urbanized land uses. The development of urban infrastructure in the form of roads, utilities, canals, and recreational facilities has resulted in the loss of many historic flo'wways to the Bay. Increases in impervious surfaces have also increased both the quantity of water running off the land and the amount of pollutants being carried with that water into the Bay. The seagrasses, mangroves, and oyster reefs of Naples Bay have been affected by excess fresh water, polluted runoff, and development, and long been recognized as needing restoration. Problems were identified when the Florida Legislature created the Big Cypress Basin in 1976. During the last three decades, the Big Cypress Basin Board has undertaken aggressive efforts to reduce the freshwater inflow to the Bay by constructing numerous water management facilities and efficiently operating and maintaining a network of canals, water control structures, and pump stations. The Conservancy of Southwest Florida completed a comprehensive scientific study of the Bay in 1979 that included recommendations for restoring its ecological health. In 2003, the Governing Board of the South Florida Water Management District (District) authorized the initiation of a Surface Water Improvement and Management Plan for the Bay. In 2004, the District received funding from the Florida State Legislature for a series of watershed restoration projects in Southwest Florida that stretch from Charlotte Harbor in the north to Naples Bay and the Ten Thousand Islands in the south. These projects were grouped into five Watershed Initiatives. Within the Naples Bay Watershed Initiative are several projects addressing important water restoration and management issues in Collier County. The goals of the Initiative are to: Page 1 00, Exhibit "e", Agreement No, OT051025 lOB ..;;, -. · Construct stormwater treatment structures/facilities that improve polluted runoff, · Reduce the amount of freshwater entering the Bay and, ultimately, · Restore sea grasses, oyster reefs, and mangroves in the Bay. 4 "" One of the locations within the Naples Bay watershed that would greatly benefit from improved stormwater management is the Gordon River Basin. The heavily urbanized Gordon River Basin includes the eastern section of the City of Naples and parts of unincorporated areas of western Collier County. Chronic flooding problems along the Goodlette-Frank Road corridor are a result of a lack of adequate stormwater management facilities. Stormwater runoff from the basin continues to carry pollutants into Naples Bay. This agreement provides funding to Collier County to construct stormwater management system improvements to mitigate flooding and provide surface water quality improvements via two projects called the Westlake Outfall Improvement and the Twin Lakes Interconnect. 2. OBJECTIVES The purpose of these stormwater management system improvements is to mitigate flooding by providing enhanced conveyance capabilities to the Goodlette-Frank Canal while improving water quality through the addition of a water control structure for each area. The implementation of these projects will result in tangible improvements to flood mitigation and stormwater quality in the Gordon River Basin. Current conditions make the Westlake and Twin Lakes Subdivisions, highly susceptible to chronic flooding. Most ofthe existing homes are on septic systems. This worsens water quality conditions by adding bacteria and nutrients to the stormwater when the groundwater level rises above the septic tank drain fields and above ground level during the ramy season. 3. SCOPE OF WORK The scope of work for this cooperative agreement is to construct the Westlake Outfall Improvement and the Twin Lakes Interconnect. The Westlake Outfall Improvement is located in the Westlake Subdivision and will provide a 48" pipe for a conveyance path and associated water control structure (water quality weir) between West Lake and the Goodlette-Frank Canal. The conveyance path is expected to be located just north of Alhambra Circle North. The Twin Lakes Interconnect is located within Alhambra Circle generally along Granada Boulevard and also will include a piped interconnect between the twin lakes and associated water control structure. The project areas are generally bounded by US 41 on the west, Goodlette-Frank Road on the East, Alhambra Circle South on the south and Pine Ridge Road on the north. As part of its cost share, Collier County is developing the design and obtaining the necessary permits for these projects. This agreement provides funding support for the construction and construction management of these stormwater management system improvements. Page 2 00, Exhibit "Cn, Agreement No. OT051025 l~~;~ 4. WORK BREAKDOWN STRUCTURE The County shall be responsible for the satisfactory completion of these projects and may retain a consultant to provide the professional services needed to complete the design, plans, specifications and permits, and to assist the County during construction. The County shall be responsible for project management, budget management, quality control and public outreach. The County shall be responsible for reviewing and approving deliverables from its consultant and its construction contractor(s) to ensure that the project objectives are met. 4.1 Task 1: Construction of Westlake Outfall Improvements Task 1. The County shall be responsible for the construction of the Westlake Outfall Improvement Project in accordance with approved plans and permits which shall include, but not be limited to, construction, project management, and engineering oversight of all construction Task 1 Deliverables: A. Within three (3) months of Agreement execution, the County shall provide a report on progress to date and shall include a copy of the construction Notice to Proceed, B. Within five (5) months of Agreement execution, the County shall provide one copy of the 50% Completion Certification and C. Within eight (8) months of Agreement execution, the County shall provide one copy of the Construction Substantial Completion Certification 4.2 Task 2: Construction of Twin Lakes Interconnect Task 2: The County shall be responsible for the construction of the Twin Lakes Interconnect Project in accordance with approved plans and permits which shall include, but not be limited to, construction, project management, and engineering oversight of all construction Task 2 Deliverables: A. Within five (5) months of Agreement execution, the County shall provide a report on progress to date and shall include a copy of the construction Notice to Proceed, B. Within nine (9) months of Agreement execution, the County shall provide one copy of the 50% Completion Certification and C. Within fifteen (15) months of Agreement execution, the County shall provide one copy of the Construction Substantial Completion Certification Page 3 of 3, Exhibit "Cn, Agreement No. OT051 025 lOB . EXHIBIT "D" PAYMENT AND DELIVERABLES SCHEDULE · A summary deliverable and payment schedule associated with this project is set forth below. Specific deliverabies associated with each task and due dates for all deliverables are set forth below. · All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. · Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit "C" Statement of Work requirements. · Total payment by the District for all activities hereunder shall not exceed the amount of $400,000. The District's cost share amount shall not exceed 50% of the combined total proj ect cost. Task 1: Construction of Notice to Proceed 3 months $50,000 Westlake Outfall 50% Completion Certification 5 months $150,000 Improvement Construction Substantial 8 months nla Completion Certification Task 2: Construction of Notice to Proceed 5 months $50,000 Twin Lakes Interconnect 50% Completion Certification -9 months $150,000 Construction Substantial 15 months nla Com letion Certification NOT -TO-EXCEED PROJECT TOTAL $400,000 * All dates are referenced from the date of execution of this agreement and are estimated. ** The District shall only be obligated to pay for documented actual expenditures within the not- to-exceed amounts specified above. In the event actual expenditures by the County are less than the not-to-exceed for a particular task, the County shall have the right to apply the unexpended balance towards a subsequent task. The County shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $400,000 as specified above for this agreement. The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Page 1 of 1, Exhibit "D", Agreement No. OT05J025 8 South Florida Water Management District P.O. Box 24680 West Palm Beach, FL 33416-4680 Telephone (561) 686-8800, Ext. 6390 PURCHASE 0'. FLORIDA SALES TAX EXEMPTION # 85-8013149859C-9 FEDERAL TAX EXEMPT # 59-74-0072K . Florida WATS Line 1-800-432-2045 THIS NUMBER MUST APPEAR ON ALL PAYMENT TERMS PACKAGES. PACKING LISTS. INVOICES. AND CORRESPONDENCE. THIS IS A CENTRALIZED PURCHASE AUTHORIZATION. --+ PC PS01076 NET 30 ALL ITEMS ARE SHIPPED F.O.B DESTINATION PAGE NO. I DATE OF ORDER EST. DELIVERY DATE UNLESS FREIGHT CHARGES ARE ITEMIZED BELOW 01 02 23 05 09 05 05 VENDOR NO. PURCHASING AGENT F.O.B CONFIRMING ORGANIZATION NO. 287 K JOSCLYN HARRIS-FITZR01 DESTINATION NO 4450 =--- T SOUTH FLORIDA WATER MANAGEMENT DISTRICT V H E I N COLLIER CNTY STORMWATER MGMT P MS: 4450 FORT MYERS AREA OFFICE 0 2885 HORSESHOE DRIVE SOUTH 2301 MCGREGOR BLVD 0 T FT MYERS FL 33901 R NAPLES FL 34104 ..Q.. LINE ITEMS OF YOUR INVOICE MUST MATCH LINE ITEM NUMBERS ON THIS DOCUMENT Line Quantity Unit Part Number and Description Unit Price Total Amount 001 1. 000 EACH 90,000.000000 90,000.00 DESIGN OF RIANGLE DRAINAGE IMPROVEMENT PER SOW S PER ATTACHMENT TED AND MADE A PART LIZABETH ABBOTT @ 561 239 33 -2929 EXT 7730 ATTN. : RIC RA PLEASE AC RECEIPT AND ACCEPTANCE S PURCHASE ORDER BY SIGNING AND NG A COpy VIA FAX RASING AGENT @ 5 1- 682-5754. BY (PRINT 0 pproved sa to fotrE 'r 1:; ~- . '-- NOTE: Prices displayed govern this purchase order transaction. Early payment discount invoices receive priority handling. The attached Purchase Order terms & conditions apply as follows: Page 1 for commodities and Page 2 for services. ~ I _ SEND ALL INVOICES TO: ~ South Florida Water Management District P.O. Box 24682 West Palm Beach, FL 334164682 Page Total Grand Total 90,000.00 90,000.00 VENDOR Copy Form 0695 (01/2005) , Florida WATS Line 1-800-432-2045 THIS NUMBER MUST APPEAR ON ALL PAYMENT TERMS PACKAGES. PACKING LISTS, INVOICES. AND CORRESPONDENCE. THIS IS A CENTRALIZED PURCHASE AUTHORIZATION. -+ PC P501076 NET 30 ALL ITEMS ARE SHIPPED F.O.B DESTINATION PAGE NO. \ DATE OF ORDER EST. DELIVERY DATE UNLESS FREIGHT CHARGES ARE ITEMIZED BELOW 01 02 23 05 09 05 05 VENDOR NO. PURCHASING AGENT F.O.B CONFIRMING ORGANIZATION NO. 287 K JOSCLYN HARRIS-FITZROi DESTINATION NO 4450 <I South Florida Water Management District P.O. Box 24680 West Palm Beach, FL 33416-4680 Telephone (561) 686-8800 Ext. 6390 FLORIDA SALES TAX EXE~~~~~,~::tWR FEDERAL TAX EXEMPT # 59-74-0072K SOUTH FLORIDA WATER MANAGEMENT DISTRICT V E N o o R COLLIER CNTY STORMWATER MGMT 2885 HORSESHOE DRIVE SOUTH S H I P MS: 4450 FORT MYERS AREA OFFICE 2301 MCGREGOR BLVD FT MYERS FL 33901 NAPLES T FL 34104 0 LINE ITEMS OF YOUR INVOICE MUST MATCH LINE ITEM NUMBERS ON THIS DOCUMENT line Quantity Unit Part Number and Description Unit Price Total Amount - 001 1.000 EACH 90,000.000000 90,000.00 DESIGN OF RIANGLE DRAINAGE IMPROVEMENT S PER ATTACHMENT TED AND MADE A PART DISTRICT C LIZABETH ABBOTT @ 561 239 33 -2929 EXT 7730 ATTN. : RIC DO VAL RA PLEASE AC WLEDGE RECEIPT AND ACCEPTANCE S PURCHASE ORDER BY SIGNING RETURN NG A COpy VIA FAX BASING AGENT @ 5 1- 682-5754. BY (PRINT 0 ~ NOTE: Prices displayed govern this purchase order transaction. Early payment discount invoices receive priority handling. The attached Purchase Order terms & conditions apply as follows: Page 1 for commodities and Page 2 for services. -L I _ SEND ALL INVOICES TO: ~ South Florida Water Management District P.O. Box 24682 West Palm Beach, FL 33416-4682 Page Total Grand Total 90,000.00 90,000.00 VENDOR Copy Form 0695 (01/2005) ATTACHMENT A lOB ST A TEMENT OF WORK COLLIER COUNTY DESIGN OF GA TEW A Y TRIANGLE DRAINAGE IMPROVEMENTS ." A. INTRODUCTION In 2004, the South Florida Water Management District (District) received funding from the Florida State Legislature for a series of watershed restoration projects in Southwest Florida that stretch from Charlotte Harbor in the north to Naples Bay and the Ten Thousand Islands in the south. These projects were grouped into five Watershed Initiatives. Within the Naples Bay Watershed Initiative are several projects addressing important water restoration and management issues in Collier County. The goals of the Initiative are to: · Construct stormwater treatment structures/facilities that improve polluted runoff, · Reduce the amount of freshwater entering the Bay and, ultimately, · Restore sea grasses, oyster reefs, and mangroves in the Bay. Naples Bay, located on the southwest coast of Florida in Collier County, is a relatively narrow and shallow body of water ranging in width from 75 to 1500 feet and depth of 1 to 23 feet. Salt water enters the Bay from the south through Gordon Pass and mixes with freshwater entering the north end from the Golden Gate Canal, Rock Creek, Haldeman Creek, and the Gordon River. While the Bay once drained about 20 square miles, it is now the receiving body from approximately 120 square miles due to the construction of the Golden Gate Canal system and its linkage to the Bay. The Bay's historical watershed was comprised of swamps, marshes and sloughs that replenished aquifers, supported plant and animal life, and supplied water for a relatively low human population in the region. However, beginning in the mid-twentieth century, the watershed's landscape began to change from this natural setting to agriculture in the east, and, particularly in the western portion of the watershed, to highly urbanized land uses. The development of urban infrastructure in the form of roads, utilities, canals, and recreational facilities has resulted in the loss of many historic flowways to the Bay. Increases in impervious surfaces have also increased both the quantity of water running off the land and the amount of pollutants being carried with that water into the Bay. There are three locations within the Naples Bay watershed that would greatly benefit from increased watershed restoration and improved stormwater management: · The Gordon River Basin, . The Gateway Triangle, and . The LeI y Area This scope addresses the Gateway Triangle stormwater management system. The Gateway Triangle is a highly urbanized residential/commercial area adjacent to Naples Bay. The existing stormwater management facility is old, inadequate, and unable to provide relief from urban flooding. Uncontrolled/untreated stormwater runoff continues to carry heavy loads of pollutants Page 1 of 3 ATTACHMENT A lOB directly into Naples Bay. In 2001, the District and Collier County sponsored a stormwater retrofit project involving the installation of an outlet control and backflow prevention valves, but much more needs to be done. ~ B. OBJECTIVES The purpose of this project is to attenuate flooding by reducing flows and durations of water events in the Gateway Triangle Area while improving water quality, wetland habitat, and groundwater recharge. The elements of the plan may consist of combinations of several management actions that include modification of channels, construction of networks of stormwater retention areas, creation of filter marshes, removal of exotic vegetation from flood plains, and retrofitting of existing stormwater facilities. C. SCOPE OF WORK The County shall provide drainage design, construction plans, specifications and permit submittals to improve surface drainage and provide stormwater treatment. The project area is a triangular area generally bounded by Davis Boulevard (SR 84) to the north, Tamiami Trail (US 41) to the south, and Airport-Pulling Road to the east in Naples, Florida. Plans for the Gateway Triangle should involve stormwater management facilities that can reduce chronic flooding and improve the quality of runoff that enters Naples Bay from this area of the Naples Bay watershed. This will entail construction of storm water treatment systems and/or the retrofitting of existing stormwater systems. D. WORK BREAKDOWN STRUCTURE Task 1. Deshm of Gatewav Trianele Drainaee Improvements The County shall be responsible for the satisfactory completion of this project and may retain a consultant to provide the professional services needed to complete the design, plans, specifications and permits. The County is responsible for reviewing and approving deliverables from the consultant to ensure that the project objectives are met. Task 1 includes completion of the design needed through submittal of all applicable permits for construction. Task 1 typically consists of the following activities. . Research and Data Gathering . Surveying . Hydrologic and Hydraulic analysis, as required . Geotechnical Investigation, as required . Public Outreach . Preparation of Drainage Design and 100% Construction Drawings and Specifications Deliverables: One copy of the drainage design and one copy of the 100% Design Plans. Page 2 of 3 ATTACHMENT A ~/ !,; (f, ,..;~.; " _..~;. E. SUMMARY SCHEDULE OF TASKS AND DELlVERABLES This is a cost-share project with funding coming from the District and Collier County. The project is expected to cost approximately $185,000. The District's share will be $90,000. Collier County's share will be $95,000. . A summary deliverable schedule associated with this project is set forth below. . All deliverables submitted hereunder are subject to review by the District. Acceptability of all work will be based on the judgment of the District that the work is technically credible, accurate, precise and timely. Task 1. Drainage Design Task 1. 100% Desi n Plans TOTAL 12 weeks 28 weeks $45,000 $45,000 $90,000 Page 3 of3 1001 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand deli vercd to the Board Officc. Thc complctcd routing slip and original documents are to be forwarded to the Board Office only after the Board has takcn action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. datcs, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4. complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. A 4. Jeffrey A. Klatzkow, County Attorney ~ ~ 5/17/05 Assistant County Attorney I 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Suc Filson, need to contact staff for additional or missing information. All original documcnts necding the BCC Chairman's signature are to bc dclivcrcd to thc BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, Asst. County Atty. Phone Number 8492 Contact Agenda Date Item was 4/26/05 Agenda Item Number lO-D(l) Approved by the BCC Type of Document lnterlocal Agreement with Ave Maria Number of Original 2 Attached Stewardship Community District Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 4/26/05 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Ini tial) N/A (Not A licable) 2. 3. 4. 5. 6. 5frK :J It f'-. -Jd ,::) ~I[t- -::5ktL- J~ I: Forms! County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 05-TRN-00013122 1001 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Clerk to the Board of County Commissioners (Attn: Trish FROM: Jeffrey A. Klatzkow, Assistant County Attorney (8492) DATE: May 18,2005 RE: Interlocal Agreement and Developer Contribution Agreement between Collier County and Ave Maria Stewardship Community District (Agenda Items to-D(1) & to-D(2) - 4/26/05) Please record the attached Agreements and forward a copy of the recorded documents and the receipts to our office. Sharon Newman with the Transportation Department has provided the following information in order to pay the recording fees: FUND: COST CENTER: OBJECT CODE: PROJECT: 313 163673 649030 601711 Thank you. cc: Sharon Newman, Accounting Supervisor, Trans/Admin (w/attachments) 1 1001 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Sue Filson, Executive Assistant, BCC FROM: Jeffrey A. Klatzkow, Assistant County Attorney (8492) DA TE: May 18, 2005 RE: Interlocal Agreement and Developer Contribution Agreement between Collier County and Ave Maria Stewardship Community District (Agenda Items 10-D(1) & 10-D(2) - 4/26/05) Please find attached two (each) originals and exhibits of the above-referenced agreements approved by the BCC on April 26, 2005. After the Chairman has signed, please forward the Agreements to the Clerk's office for attestation and recording. A separate memo to the Clerk is included with information regarding the recording fees. Please contact me if you have any questions. Thank you. cc: David C. Weigel, County Attorney 1001 INTERLOCAL AGREEMENT RESERVATION OF SUFFICIENT ROAD PUBLIC FACILITIES THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this ~k.. day of April, 2005, by and between THE BOARD OF SUPERVISORS OF THE A VE MARIA STEW ARDSHIP 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). RECIT ALS: 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 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," 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 which will house an estimated 24,200 residents, 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 1001 certain right-of-way and provide for storm water management adjacent to said right of way 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(11)( 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 1001 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) 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. 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 1001 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 conform. 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 termination date of the Town of Ave Maria DRI Development Order, in this instance June 30, 2020. Further, County understands and agrees that permitting issues, mobilization difficulties, and lack of momentum could delay substantial development during the early years, and that the time lines and phasing schedules (phases and time lines in Exhibit B) are subject to market conditions and economic cycles beyond control of District or Developer. 6. Until the termination date of the proposed Town of Ave Maria DRI Development Order on June 30, 2020, and provided that the University is constructed in substantial conformity with the proposed 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 conforms 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 performance under this Agreement to determine whether or not there has been demonstrated good faith compliance with the terms 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 terms 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 terminated by agreement of the parties. The term 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 termination date of the DRI on June 30, 2020. Upon termination of this Agreement, any unused capacity reserved 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. 4 1001 8. If the Collier County Board of Commissioners finds that good faith compliance with the terms 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 contemplated by 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 terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 11. The duration of this Agreement shall be for so long as the District, or its successor-in-function, is functional and/or in existence. Otherwise, this Agreement shall only be amended or terminated by the parties hereto upon mutual written agreement. 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 confirm, agree and acknowledge that the Town of Ave Maria's SRA Development Document and Collier County's Growth Management Plan, Land Development 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). 16. District acknowledges that the failure of this Agreement to address any permit, 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 permitting requirements, conditions, terms or restrictions. 5 1001 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 terms 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 terms, 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 determine that it is no longer needed or until termination pursuant to the terms 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 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. 20. Under Section 163.0l(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 10Dl 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, ~, () .. '1uJ-W. ~ "?;d:l\{1 \(j\QJO ((XBy: ,,:'; :,~- FREDW.COYLE,Chairman Attest IS:,'t6: Chi 1 nun' s .- "."S1_4t~\'~oAll. !~;,~:~~' ~ ;'\!'''' retary AVE MARIA STEWARDSHIP COMMUNITY DISTRICT /'J '1 1 By '~ttt,-j!.I';d-- hairman of the Board of Supervisors Attest: &4>'1 &~~ form and legal sufficiency: ATE OF FLORIDA COUNTY OF LEON Item# lDb [I) Agenda I r J2) I -0 15 Date ~ Acknowledged and executed before me this 10t?iday of May, 2005. by Kenza van Assenderp. ':!5L ~ 11J.lF'~ Notary Public '. . ' ~~~~d 5--=19.:.95 ~ Qu~.J)e , puty Clerk 7 II II " " " " " " " II " " " " " " " II " I I " II II II II II II II .j\! II ti II ,; :: II " " " II II II " II II " II II II II II II II " " ,,(t :: ~~ :: ~ .5 II " ;:: " " "tJ " " " :: " :: m :: )lo " - :: en " " " :: ;0 :: 0 :: )> "0 " " " 'I II ~... I r 'J :: " " " " " " " " " " " " " " " " " " " " " " " " " " " II " II II '\ O. :: ~ 0 . " . " :::::::::::::::::::::::::::::::::~:--------------------------------------- ---------------------_____JL_____________ ---------------o-ii----w-e-C-C---R-O-A-O---------------------------]~------------- DRI LAND USE SUMMARY " I' .A.MU I UNIVERSITY I SCHOOLS 995 AC i: CD RESIDENTIAl. 2.921 AC ',':, OFF-SITE RLSA DESIGNATIONS o MIXED USE 328 AC :: I ,C~,I COMMUNIl'f FACILll'f 211 AC I FSA I RLSA FLOWWAY STEWAROSHIP AREA ii I WRA I RLSA WATER RETENTION AREA tA;-~.~;>..-1 WETLAND PRESERVE 82 AC :: lmJ PARt( 81 AC I HSA I RLSA HABITAT STEWARDSHIP AREA 11 m LAKE PARKS 175 AC ~ RLSA OPEN :: --.c ROADWAYS 242 AC II , , i I I i j WRA o HSA WRA o FSA HSA o R HSA HSA R FSA WRA o R HSA ----- DRIBOUNOARY 4.995 AC -...............Q.4U.-,ClIIII_~._,....,.lMTlIOCUICIII___ lIT._.I.AIlQ..Q_I__.....~...PGII'II......... o 1.000 2.000 ~ GRAPHIC SCALE . . ~.. r ir~~r. ~:., . ~ a ~ ~ . :.;.~ i' i .'- ~ ~ . ~L n ~~ ~ II w miii MAP H MASTER DEVELOPMENT PLAN TOWN OF AVE MARIA PREPARED FOR: NEW TOWN DEVELOPMENT, LLLP Wil.Mille, "---. ......... ...... . ....... ~......... ~....,,--- ... ^"'...........~ r--.,."-""... DJrt....,~...._.~,.,......, ......~..,..,.J...,..,,, .....,..............-._.~ co ..... N t'f~\k+ "A ~ 1 4.000' !l I . NO TH 1001 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)c~I\~ \. J~/ Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BXT 8406 3621785 OR: 3802 PG: 2548 RBCORDBD in the OFFICIAL RBCORDS of COLLIER COUNTY. FL 05/19/2005 at 09:53AM DWIGHT B. BROCK, CLERK RBC FBB COPIES 78.00 9.00 INTERLOCAL AGREEMENT RESERVATION OF SUFFICIENT ROAD PUBLIC FACILITIES 100 \ THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this2b.\-t,- day of April, 2005, by and between THE BOARD OF SUPERVISORS OF THE AVE MARIA STEW ARDSHIP 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). 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 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 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," 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 which will house an estimated 24,200 residents, 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 OR: 3802 PG: 2549 100 certain right-of-way and provide for storm water management adjacent to said right of way 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- 3l77(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 A ve Maria; and WHEREAS, the parties agree that: (a) Collier County, by virtue of Section l(f), 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 OR: 3802 PG: 2550 100' 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) 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. 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 OR: 3802 PG: 2551 100' 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 conform. The proposed phases and anticipated time line for build-out of the Town are attached as Exhibit "B." 5. The County understands and agrees that the phases and time lines 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 termination date of the Town of Ave Maria DRI Development Order, in this instance June 30, 2020. Further, County understands and agrees that permitting issues, mobilization difficulties, and lack of momentum could delay substantial development during the early years, and that the timelines and phasing schedules (phases and time lines in Exhibit B) are subject to market conditions and economic cycles beyond control of District or Developer. 6. Until the termination date of the proposed Town of Ave Maria DRI Development Order on June 30, 2020, and provided that the University is constructed in substantial conformity with the proposed 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 conforms 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 performance under this Agreement to determine whether or not there has been demonstrated good faith compliance with the terms 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 terms 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 terminated by agreement of the parties. The term 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 termination date of the DRI on June 30, 2020. Upon termination of this Agreement, any unused capacity reserved 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. 4 OR: 3802 PG: 2552 100 8. If the Collier County Board of Commissioners finds that good faith compliance with the terms 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 contemplated by 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 terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 11. The duration of this Agreement shall be for so long as the District, or its successor-in-function, is functional and/or in existence. Otherwise, this Agreement shall only be amended or terminated by the parties hereto upon mutual written agreement. 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 ofrecordation. 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 confirm, agree and acknowledge that the Town of Ave Maria's SRA Development Document and Collier County's Growth Management Plan, Land Development 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). 16. District acknowledges that the failure of this Agreement to address any permit, 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 permitting requirements, conditions, terms or restrictions. 5 OR: 3802 PG: 2553 10D\ 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 terms 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 terms, 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 determine that it is no longer needed or until termination pursuant to the terms 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 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. 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 OR: 3802 PG: 2554 1001 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Attest: AVE MARIA STEWARDSHIP COMMUNITY DISTRICT /-'7 (~/()J 1 By: Ut{jHUe~ 1:.., l.elL Chairman of the Board of Supervisors _Bn~ ~JVf~ fficiency: S ATE OF FLORIDA COUNTY OF LEON Item # 10D Acknowledged and executed before me this l~ May~ 200;) by Kenza van Assenderp. 4J. V~ Notary Public Agenda ~ ..2.(0'~) Date ,,~~'ij!~(f, Sunda W. Parrett €:~J(A\f: Commission # 00351834 ~"~~ Expires October 29, 2008 tl,ft.~~" Bonded TIllY Fain -Insuranc.. Inc. 100-316-7019 7 OR: 3802 PG: 2555 o O. ::---1 " " " " " " " " " " II " II II II " II 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 II n Ii II }> II II ;:: II Ii "'0 II II II :: ;;J\ :: m :: > II _ :: en II Ii II :: ::u :: 0 :: )> 110 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 II II II II II II II II II II II II II ---------------------_____JL_____________ 0\ . t j . < i i I ! f WRA o HSA WRA o HSA o HSA R FSA M HSA M R FSA WRA o R . , , , , I -- - -- - -- - - - - ----- .-- - -- - -__ ___ ___.....L___ _ _____ HSA DRr LAND USE SUMMARY I AMU I UNIVERSITY I SCHOOLS o RESIDENTIAL o MIXED USE ~ COMMUN'lY FACILllY m WETLAND PRESERVE m PARK ~ LAKE PARKS ~ ROADWAYS - ORI BOUNDARY _n_ - --- - - -- ---- --O-,L-n-Vi(E-CChFU'>-A-O--- ___ _ Uh u_____ 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 ---------lr--~---------- II II II II II II " II II " II II II II II II II II II II II II 995 AC 62 AC 61 AC 175AC 242 AC 4,995 AC :.a::~~.~=~~'.~~~::.m~~":.""" ......,...c.u~ _11I- o 1,000 2,000 ....- GRAPHIC SCALE 4,000' ~ IV NORTH . ~ 'Tr" ~. . . II j . ::: (0 ~ ~ ~ I .-~~ ; ; a ~ . : If ~ ~ ~ i ~: I'\) ~ g ... II... m.. MAP H MASTER DEVELOPMENT PLAN TOWN OF AVE MARIA PREPARED FOR: NEW TOWN DEVELOPMENT, LLLP WI"". ............................,.. ............. . "..,...~ .....,....... ........~,.::raw.-.'-OIJ..... .......'-...._.~~~ ,...,......I'llc~ t.MiII~....... -......... tY~ihJ "A ~ *** OR: 3802 PG: 2556 *** 100 \ 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~~,~~ \0 f./' 1002 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should bc hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceution of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. - \. .... 4. Jeffrey A. Klatzkow, County Attorney's Office [\ 5/17/05 Assistant County Attorney U1 5. Sue Filson, Executive Manager Board of County Commissioners V 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Jeffrey A. Klatzkow, Asst. County Atty. Phone Number 8492 Contact Agenda Date Item was 4/26/05 Agenda Item Number IO-D(2) Approved bv the BCC Type of Document Developer Contribution Agreement with Number of Original 2 Attached Ave Maria Stewardship Community District Documents Attached l. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 4/26/05 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/ A (Not A licable) 2. 3. 4. 5. 6. ::fFttc 3fYK- 0\~ ::$~ --s~ I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 05-TRN-00013!22 1002 DEVELOPER CONTRIBUTION AGREEMENT AVE MARIA THIS DEVELOPER CONTRffiUTION AGREEMENT ("Agreement") is made and entered into this 'Zl--\-\~ day of April, 2005, by and between AVE MARIA DEVELOPMENT, LLLP, a limited liability Florida Limited Partnership, formerly 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. RECITALS: 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 Bill 1625, 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," DRl #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 which will house an estimated 24,200 residents, 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-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 proceed, substantial road improvements are required, including the urban four laning of Oil Well Road, with provision for future six laning, between lmmokalee 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 lmmokalee Road, and lmmokalee Road north of Camp Keais into the urban area of lmmokalee, 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 lmmokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) to provide fill to the County at its cost, all of which will be of significant benefit to the County's transportation network; and Page 1 of8 1002 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 will 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- 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 lmmokalee area and its economic development will greatly benefit from the proposed road improvements to Oil Well Road, Camp Keais Road, and Immokalee 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 frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with 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 Dollars ($2,500.00) application fee for this Agreement: Page 2 of8 10D~ 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 from 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, free 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 ofroad frontage) 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 Immokalee 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 stormwater drainage for the portion of the road segments adjoining the Donated Land, the Developer 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 stormwater into existing Developer-owned or controlled stormwater systems, or (3) a proportionate combination of the above at Developer's option. It is estimated that if the County had to mitigate stormwater 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 stormwater 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 1002 by the Collier County Transportation Department. The signals will 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 well 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, then north on Immokalee Road to the existing four lane section in the Immokalee urban area, 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 $11 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 30/60/90/1 00% 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 Page 4 of8 1002 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. 9. Once the County has received final Design Plans and all necessary permits 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 form 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 Permit 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 Permit 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. Page 5 of8 1002 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 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 permit, 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 permitting requirements, conditions, terms or restrictions. 15. The terms 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 form 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 terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 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 Page 6 of8 1002 County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 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 Army 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 $6,000,000 in impact fee credits received in exchange for the Design Plans and Permitting which impact fee credits may be utilized immediately. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E,.lB~OC~, Clerk BY~i;~;~'~l/ .. WITNE$.$f:~: .' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, . ~ By '1uJ-W. ~ rk FRED W. COYLE, Chmrm ".... .' AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership .' -, ~ \. ... t, - 1"-- I6JJ- 0J4 Print Name: Pt~t- j~V:t{L &'~&~T-- By ~;;~ion ,// By/j'j;b .' ~.c~~r-- Paul Marinelli Item # Title: President 10 D C2.). ~~~;da y -~-dS- Dat~ !I-/9 -oS- Rec(L Page 7 of8 ST ATE OF FLORIDA COUNTY OF COLLIER 1002 The mAY Development, LLLP. foregoing instrument was acknowledged before me this IO"'h day of , 2005, by Paul Marinelli, as 'm.s. ~f'e"tt.tl ~f."of Ave Maria He is [ ~ersonally known to me, or [ ] has produced driver's license no. as identification. (SEAL) ega:l sufficiency: ssistant County Attorney " 0ill'Sl~ b. t:,tJJ18- NOTARY PUl'fWfSHA A. AKERS Name: (Type or Print) My Commission Expires: ~ 10. 1C(:::C1 Page 8 of8 < ~ .~ ,.Q .~ ,.C ~ ~ 10D2 A-I CUlM: TAIlL( CUlM: RADIUS L(NGTH DE:LTA CHORD BfAR/NG CHORO CI '40.00' '0.'4' ,.:11'4'" 1'44' "W ~.'2' C2 660.00' 99.20' Ir 36'47' 7'44' "W 99.'0' CJ J4'.JJ' 71.0" I ""R'n.'- '..4' "r 76./J9' C4 822.9' 21 '.92' 4'1/J'04" 211.87' " 918.'4 424.!4' 1:I'llIf"' 4/J'4 W 42J.9J' C6 ~7." J7'.27' '..R" 44'4 " J7'.10' C7 1960.26' 628.J7' I !"9" N 7'17" 62'.68' C7A 1960.26' 44J.2J' I "B" N ~ 442.29' C7B 1960.26' 18'.14' . 4'41- N 18'.07' C8 950.00' 264.7" I ,'n.- 7' W 263.91' C9 1960.26' 620.80' I ,'4J" I'! . 61/J.21' CIO 840.00' 4J8.J8' 4'07" 14' .W "JJ."J' CII 707." J94.'0' '"Ir N 4 ... "f J94.JI' Cl2 J798.14 411.2" I '14- .. ~:~ "".0" ClJ 702.9' 202.9 I' 'n4" 202.86 ' Cl4 461.JJ' 10".19' , ,':1." N . . "r IOJ.97' C" '40.00' 71. 77' 7' .,," ", 14'1 "w 71.72' Cl6 1850.26' 917,18 ~ N44'" '4 627.JJ CI7 '960.26' 182'.06' . N4~ . " 17'9.8" Cl8 '40.00' 84/J.2J' . S44' . 76J.68' Cl9 /J40.00' 5/J".69' .......:1. S~ . '72.96' C20 760.00' JIJ.O" .....R. ," ":llrO . " JIO.84' C21 840.00' ",.'" ,rr.n' " N 4'4S':lT "'.JI' C22 760.00' '29.01' J9'52' N:lrrno'n.r "8.J9' C2J 460.00' 722.'7' 119'511'. N.....'6.2J"W 6'0.'4' i"\ ~ 1\ ~ 11 ~ .... 17&:. r/~ (J) / u / 22 21 / ~/ -/ C8 V:, ('C7 L38~1 \ ./ L37 \J ///////// 589" 42 '22 "WJ 40.00' 21 N89" 39 '06"E 1466.68' ,C> .....CJ ~ }J ~ ... 22 y / / / / / LL35 1~L43 l} ~ PARCEL 4 IMMOKALE[ ROAD ~ ~IO.04 ACRF:S :t 100' RIGHT c71. (BCI) OF WAY' t?!.c7B ~ ~ (SF:F: INSF:T J) 1111 \ 1M tJ'-jI ..) 1.~4 N89'J9 '06 "F:- 1466.68' I"-S89'42'22"W I '-,40.00' P.O.B. PARCF:L 4 ~ 01 ... ~ po,. r';:O.B. PARCF:L J ~::;;4 .t.~~O,,, ~V/, L61- -II P.O.C. PARCF:L J S.F:. CORNF:R SF:CTION 16 TOWNSHIP 48 SOUTH RANGF: 2!1 F:AST (SF:F: INSH 2) NOT A SURVEY ... INSET J SCAU' '-.'000. 28 ~ ~ ... ... 16 PARCEL 2 0.93 ACRES '" ~ ;~ ~~ ~ 01 't ... JJ ~ C) ~ :t II ..- 17 L5A~ L10D~ \ ~L5B P.O.B. '1/ / //,A \ NO'.04"0"W~J' ~ ' . L 1 OA 50.00 L10C L10B OIL WELL ROAD 100' RIGHT OF WAY P.O.C. S.E. SECT/ON 17 T-47-S ----- .T~-"e-s - il ~ ~, ~ ti '"l~~~j~ 10 d<l(i~...: -J ~~~~~ Q;1IO~:)e: CORNER PARCEL 2 INSET 1 SCAlE I""~' / CENtRAl. NOTES: I. AlL DIMENSIONS ARE IN rEET AND DECIMAlS THE~Eor. UNLESS DTHEIlW1SE NOTED. 2. NOT VAlID WITHOUT THE S1GNATU~E AND THE ORIGINAL RAISED SEAL or A FLORIDA lICENSED SUlI'It'tO~ AND _ER. 3. BEARINGS AAE BASED ON THE EAST UNE or SECTlDN 1 B. TOWNSHIP 4B SOUTH. RANCE 21 EAST. CDt.UE~ COUNTY. FLDIl1DA IItINO NORTH 00'5B'00" wtST. 4. CElmTlCATE or AUTHDllIZATlDN 'LI-43 S. SUIIJ[CT TO EASEMENTS. ftESTIl1CTlDNS AND RESERVATIONS Dr ~ECD~D. I. THIS SKETCH MAY HAVE litE!< REDUCED. 7. LINES AlONG THE PERIlIETE~ or THE PAACEL DESC~leED ARE LABEUED CONSECTUTIVELY. IN SOME AAEAS lABELS AAE llM1TIED TOll CLAAIT'\'. e. SEE ATTACHED rDR LEGAl DESCIl1PTlON / / / VII.P.O.B. PARCEL 3 V ,be ~() 'VI _v,~ Y1 ~~00.56'00"W 421.47' I. A8lI~ [VIA TroNS: o.~. . orFICIAL ~ECO~ IODK C.E. " CDt.UER ENTERPRISES. LTD B.C.I. " W_ CDt.UE~ INVESTMENTS LTD B.C.P. . lIAIIRON CDLLlER PARTNEIlSHIP R.D.W . Il10HT orw .~AYI P.D.C. . POINT OF EMENT P.D.B. . POINT Dr I ~~?tf-- l.ANCVT ~ ILLER, P.S.M. /' NOT VALID U S SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL, CERF'IF'ICATE OF' AUTHORIZATION , LB-43 9 't ~ _ -.i- .It.r-- ;::J ,~ ~ 4 V' / / / / / ./ L61/ OIL WELL ROAD 100' RIGHT OF WAY L.S.'S6Z7 3/1lP.5 DATE S.E. PARCEL 3 SECTION 16 TOWNSHIP 48 SOUTH RANGE 29 EAST P.O.C. CORNER INSET 2 SCAlE I""~' t7 PARCF:L 2 A VF: MARIA DF:VF:LOPMF:NT, PARCF:L 1 \- O.9J ACRF:S :t S. F:. QUARTF:R loJloJ (AVF: MARIA (SF:F: INSH I) 16 SECnON t J I I 18 UNIVF:RSITY LAND 11001 TRUST. L.L.C.) ~ "'''' ~ 41.48 ACRF:S % \ I I ll::ll:: Ll L2 14 L~ :! L12 Ll1 LtO LIS LI4 LIJ L.L.L.P. L7 L9 OIL WELL ROAD 100' RIGHT OF WAY ... .... 07. 1<"" _ 11,>7,., , ....... Wi/.Miller -- - - ........ ............--......- _./nc. ,... Forf~ .... ....,..".. 4"M'f>>~ ,....".aty...", stCIOltItIy......ant1OO ".,..,AartdlJf'0I48D7 ""'~.FM""""""M w.tJ..a'MlWliWW............OlIl'I'I' 1NIYW.S/E1itP. NO. DATE CLIENT: TITLE: IIA.. MftlH 110 ....... _,.... ..., 3/2005 ;::2500' ACTIVITY ftEstN!:CH: f'EU) WOIttc/CItEW CHIEF DlW'TED: CHECKED BY: fl[LD lOOK/PACE: CCl '" ~ ~ E 3 li:a po,. ... ~ ~ ~ 27 UN( TABtE: LlNf: BEI<RI GO/STANce L' "4'" 2678.J2' L2 2638.J6' LJ r'6' 264'.02' t4 r~~' 7" 2702.71' t, r"'" 2"'7.78' L~ ~ "2,24' '-f'fll~. 4" 247. ". f-'1i NIlIr~'" 4" 2J9J.91' L7 ""1r....4" 2'911.' l' t8~ 49.5'" t:1! ~ W 2'9'.92' LlO ".........4. 4"W 2J84.24' Ll04 "n,," '.. , ".. 100.46' tlDS S/J/J"4',"W 2'6.81' LlOC SIf/J'57 W "2. '" Lloo NO 1'07' W 100.00' t II <:1I....~7. W 24 I 7.89' LI2 ""Ir..... rW 2702.71' LlJ "......~. "w 264'.OJ' LI4 <:118'1' W 26J9.06' L" S/J9'44' "W 2In.J/J' LI6 NfII''''"W 100.01' Ll7 ","M'4"" 99.99' Ll8 "nrr.s', "W 2246.J6' LI9 NOO"9'1 W 2660.'2' ~=""W 170'.91' L22 ~.w 91.46' W N ...~ "W 400.J4' L24 . 4"W 199.90' lij .~t"W Jr,iv,J9' L26 '''"W 26/J4.2/J' L21 'lo"W 267J./J2' L28 II" -, 'I "11' 26-)9.10' L29 4' It' 190/1.04' LJO ,.../. r.. 211.00' LJI 14'"W 186.92' tJ2 '4 ,".. 19.71' LJJ , . "w 4781.07' LJ4 W 260'.95' LJ' N I'"W 100.00' LJ6 N "f 1/J0.0/J' tJ7 N OF 120/1.'''' LJ8 1 '4 "W 10.90' LJ9 1Jf)(J':l7"""w 97J.26' L~O NfIrr:l7'"w 66J.14' L41 '56'.4"f lOl./J7' ~ 17' OF 20/18.76' L4 11'4 ".. 60./JJ' L"4, ,,'"r "9J7.22' L'" '~0'4"W 101.19' L"6 . 7'4 "W 7.6J' t47 14'.r 7.J.,/J' L48 ' I' 7"w 217.4" ~ ~ ~I.l" 1907.96' ~ ~IIT 2609.4J' UI "M',n'lo" 267J.'9' ~ L'2 SOO'J.!l' I" 26/J4.14' oJ L'J ~. I" 2610.47' " U" !l1:J' 4" 200.0J' L" 4'4' ~OO.OO' U6 '''0' 4" 9'.99' L" !2:Z'I" 1710.26' L5B 2:.1.." 2660.06' --f,9 ." 2246.4'" t60 ""0 '4 100.00' L6' S/J/J" '4 120.4" L62 NOrrn' 4" 610.28' L6J N . 617.6" L64 . ... 164.7" L6' W 600.00' L66 "w '4J.4" LI7 17' W 201.17' LtJ8 N "56'"f 54J.4" L69 "600.00' L70 N".....~.u.w 164.27' t71 Norr,r''-w '8.6/J' L72 NOO'14"9"W 21.J2' \) :b ~ U =" I'T1 S> l/) ;0 ~ CJ OJ a ;0 C) :t -i GPRLJ'le~7 3/0' .....",."., II'CftDIiII '... ~...,.",.,...." IIlIf . MItt Of' JR'fIClJifI'" .. ,,-'.. ....... ~ lIMrCJI''' PIf . ,..,,, JmtONI.. fA '~~n::: 4' II:lIntC, __" ...." BARRON COWER 03786-010-002 ~.; ",'"; 12H] t.' ""'-- i'" 9 PARCEL 9 1.43 ACRES :t (BCI) 60' R.O. W. PARCEL 8 3.77 ACRES :t (BCI) ~ ~ ~ ..... >-0 ~~ LL () I-- LINE TABLE :t () LINE BEARING DISTANCE - L73 N89.56'24"W 1 00,00' 0:: L74 N89.46'56"E 1 00.00' " L75 N89.52'21"[ 100.00' 0 0 L76 N8fT55'51"E 1 00 on' , '- L77 N89"42'37"W 1 00. 00' L78 N89.53'56"W 1 00.00' a L79 589.53'56" E 100.00' 6 L80 NOO.25'44"W 623.83' 16 0:: L81 589.53'56"[ 100,00' L82 500.25'44"[ 623.83' lJJ lJJ -J ~ () ~ ~ - CENERA!. NOTES: .. AlL DIMENSIONS ARE IN TEET AND DEClIoIAlS THEREor, UNLESS DTHEIlW1SE NOTED. 2. NDT VAliD WITHOUT THE SICNAME AND THE ORIGINAL RAISED SEAl or A FLORIDA Uct:NSED SURVE'nlR AND """"ER. 3. IEARINGS AAE "SED ON THE EAST UH[ or SECTlDN ... TOWNSHIP 48 SOUTH, RANCE 21 EAST, CDI.l.IE~ COUNTY, FLORIDA 8EINC NORTH 00'58'00" WEST. 4. CERnTlCAT[ or AUTHORIZATION ILB-43 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS or RECORD. I. THIS SKETCH .....r HAVE IItEN REOUCED. 7. LINES AlDNC THE PERIMETER Dr THE PMCEl DESCRIIED ARE l.llIELLED CDN$ECTUTIII[LY. IN SOUE AAEAS LAlElS AAE OMITTED TOR CLARITY. I. SEE ATTACHED rD~ LEGAL DESCRIPTION I. ABBREVIATIONS: O.R. - omclAL RECORD lOOK C.E. - CDt.UER ENTERP~IS[S, LTD 8.C.!. - "~RDN CDt.lIE~ INVESTIIEHTS LTD 8.C.P. - 8ARRON COLLIER PARTNERSHIP R.O.W - Il1CHT or P.D.C. - POt~ P.O.8. . P C.D.C. - 21 3/1/05 DATE L.S,H5627 NOT VAll NL S SIGNED BY THE SURVEYOR AND SEALED WITH HE SURVEYOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION H LB-43 GP 1857 3 D5 L81 L79 L78 ..... ..... L77 ~ :: L76 STOCKADE ROAD 60' WIDE .!.u .. .. 0)0 ~o ~ . o~ . I.{) oC\J 0..... V) ~ .. .. 0) ..0 ~ o . o o ~ ~ .. o.,~ ~~ ~~~/~; ~ a ~ o 0..... ~ V) PARCEL 7 2.88 ACRES :t (BCI) L75 15 PARCEL 6 9.05 ACRES :t (SIL VER STRAND III) Ul o o . - PARCEL 5 5.97 ACRES :t (SIL VER STRAND III) 22 - . trJ o .. L73 o o o ~ I II R.O.W. DONATION EXHIBIT ... NOT A SURVEY ... TITlE: i2005 eUENT: '".,000' .. oil MItt 01' ... fJ, ~ .. JDUftrC. .... ,. ..... . ,.", tT ..... ., .. ".. '& ..... .. Mm\ .... " ...., . """""'E'ftl:INSI. ''''~~~.'JDVfN.__''I'MT. 0.3786-010-002 PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO. 10D~ 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 I 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~ ,hl,-' \\ \tIt 1002 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: (Signature) By: [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 I .[ ,.. ZOO lYR I I PM 2: 46 :,~"., 750.1.3' lulu I I cx::l0'l C'\jC'\j I I Cl::Cl:: u)u) I I cx::lcx::l ~ ~ I I 1-1- ,.-" ! ,..,...,," .; . 'oJ ...... ,- I I l/)l/) N01"0.3'32"W 150.00' 13 18 P.O.C, 5. W. COR SECTION 18 N88-56 28 E 589,02' OIL WELL ROAD 100' RIGHT OF 'WAY o o I") 1\ . ~ FUTURE NOPTH R. O. W. LINE OIL WELL ROAD EXISTING NORTH R. O. W. LINE OIL WELL ROAD CEN[~ NDTES: I. AlL DIMENSIONS AAE IN TEET AND DECIMAlS THtIlEor, UNlESS DTHEftWlSE NOTEO. 2. NOT VAlID WITHOUT THE SIGNAME AND THE ORIGINAl RAISED _ Dr A FLDIlIDA LICENSED SURVEYOR AND MAPPER, 3. eEARINGS ARE BASED ON THE SOUTH LINE or SEcnON II, TDWNSHP 41 SOUTH, RANCE 21 EAST, COLLIE~ COUNTY, FLORIDA IEINC NORTH B8'Se'2S' EAST, 4. CERnrlC4TE or AUTHORIZATION 'ut-43 S. SUBJECT TO EASEIIENTS, RESTRICTlDNS AND ~ESERVAnoNS or RECDRD. e. THIS SKETCH MAY HAVE BEEN REDUCED. 7. LINES ALONG THE PERIMETtIl or THE PARCEL DESC~I8ED AAE L-'8ELLEO CDNSECTUTIVELY. IN SDWE AAEAS Vo8ELS AAE DMITTED rOR CLARITY. e, SEE ATTACHED TOR LEGAL DESCRIPTION I. A11Il11EVIATIONS: 0.1l . orrlClAL RECOllD BODIC C.E. . COlLIER ENTtIlPIl1SES. UD I.C.I. " IlARRON CDWER INVE5Tlo1ENTS LTO I.C.P. " _ON COlLIER PAATNERSHIP R.D.W . RIGHT Dr WAY P.D.C. " POINT or COMMENCEMENT P.O.I. . POINT Dr eEGlNNIHG C.O.C. . CDt.UE~ DEVELOPMENT CORPORATION L.S.'5627 3/8/05 OATE NOT VALID UNLESS SIGNED BY lHE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION H LB-43 Mar 08 ....TE TITLE: -.all') ....... _._ ...... ,. /2005 I" -300' Bf/He A PART PARr OF' SEC7ION " TOWNSHIP 4tJ SOUTH, IIANG( 2' CAST, COlLIER COUNTY FlORIOA CPRL 11$7 3 0$ \ \ r I \ _ ,A ... NOT A SURVEY ... eUENT: BARRON COWER 03786-010-002 WilsOnMiller@ .. New Directions In Planning, Design & Engineering 1002 DESCRIPTION OF PART OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (28.00 ACRES:t) All that part of Section 18, Township 48 South, Range 29 East, Collier County, Florida being more particularly described as follows: Commencing at the southwest corner of Section 18, Township 48 South, Range 29 East, Collier County, Florida; Thence along the south line of said Section 18 North 88056'28" East 589,02 feet; Thence leaving said south line North 01003'32" West 150.00 feet to a point 100 feet north of and parallel with the north line of Oil Well Road (100 foot Right of Way) and the POINT OF BEGINNING; Thence North 00001'40" East 1,626.24 feet; Thence North 88056'28" East 750,13 feet; Thence South 00001 '40" West 1,626.24 feet to a point on a line 100 feet north of and parallel with the north Right of Way line of the aforementioned Oil Well Road; Thence along said line South 88056'28" West 750.13 feet to the POINT OF BEGINNING, Containing 28,00 acres, more or less, Subject to easements and restrictions of record, Bearings are based on the south line of Section 18, Township 48 South, Range 29 East, Collier County, Florida being North 88056'28" East 3-08-05 Date Not valid unles~ embossed with the Professionals Seal REF,2H92 W,O,: 03786-010-002 Date: 3-08-05 EXHIBIT (!,-l- Offices strategically located to serve our clients 800,649,4336 Naples/Corporate Office 3200 Bailey Lane. Suite 200. Naples, Florida 34105 . 239649.4040 . Fax 239.643.5716 wl/sonmlller. com 3/812005- 149081 Ver: 011. GLAND CAIf43 037a&.ol().()()2. . 0 Wl/sonMlIIsr./nc. - FL Lie.' LC-COOO/TO 1002 Exhibit "9" SKETCH & DESCRIPTION FOR THE AVE MARIA DR! LANDS WilsOnMiller@ ... New Directions In Planning, Design & Engineering 1002 - D.R./, 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 01004'07" 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 88057'06" WEST 354.33 FEET; THENCE LEAVING SAID LINE NORTH 01007'23" 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 88057'05" WEST 2,215.48 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 88055'37" WEST 1 ,128,15 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 89032'56" WEST 1286,63FEET; THENCE LEAVING SAID LINE NORTH 00027'04" WEST 1,089,55 FEET; THENCE SOUTH 89032'56" WEST 242,19 FEET; THENCE SOUTH 89024'19" WEST 3977.40 FEET; THENCE NORTH 00001'40" EAST 1280,68 FEET; THENCE NORTH 90000'00" EAST 1125.68 FEET; THENCE NORTH 00019'38" WEST 520.46 FEET; THENCE NORTH 09027'58" EAST 38,31 FEET; THENCE NORTH 14056'15" EAST 32,59 FEET; THENCE NORTH 59002'49" EAST 24.49 FEET; THENCE NORTH 68012'25" EAST 33.93 FEET; THENCE NORTH 73008'54" EAST 72.42 FEET; THENCE NORTH 69014'09" EAST 65.14 FEET; THENCE NORTH 61011'58" EAST 47,93 FEET; THENCE NORTH 56044'10" EAST 80.38 FEET; THENCE NORTH 54018'17" EAST 82.75 FEET; THENCE NORTH 51034'19" EAST 552,31 FEET; THENCE NORTH 12032'03" EAST 52.12 FEET; THENCE NORTH 16041'34" WEST 780,99 FEET; THENCE NORTH 38040'18" WEST 48,27 FEET; THENCE NORTH 55058'45" WEST 175.13 FEET; THENCE NORTH 78014'12" WEST 46.21 FEET; THENCE SOUTH 86041'17" WEST 358,77 FEET; THENCE NORTH 43016'35" WEST 44.00 FEET; THENCE NORTH 01028'53" WEST 584,34 FEET; THENCE NORTH 88045'30" EAST 2,256,99 FEET; THENCE NORTH 11031 '40" WEST 679,82 FEET; THENCE NORTH 29057'19" EAST 43.24 FEET; THENCE NORTH 80003'11" EAST 750.96 FEET; THENCE NORTH 82005'14" EAST 23,32 FEET; THENCE NORTH 08045'48" 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 36053'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23030'23" 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 39048'43" SUBTENDED BY A CHORD WHICH BEARS NORTH 22002'37" EAST 146.95 FEET; THENCE NORTH 02008'16" EAST 434,86 FEET; THENCE NORTH 38040'13" EAST 124,61 FEET; THENCE NORTH 23055'58" EAST 503,82 FEET; THENCE NORTH 89019'06" EAST 272,53 FEET; THENCE NORTH 81010'42" EAST 718,98 FEET; Offices strategically located to serve our clients 800,649.4336 Naple$/Corporate Office 3200 Bailey Lane, Suite 200 · Naples. Florida 34105 · 239.649.4040 · Fax 239,643.5116 =ryy,. 127230 Vec 03'- BSTOCKHAM wllsonmll/er. com 03786-QO().Q()(). - 0 W//sonMiJler, Inc. - FL Lic.' LC-C000170 WilsonMiller~ ... New Direclions In Planning, Design & Engineering 1002 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.1. LANDS (CONTINUED): THENCE NORTH 09056'39" EAST 638,73 FEET; THENCE NORTH 73036'58" EAST 172.46 FEET; THENCE NORTH 10053'22" 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 68007'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39"53'35" WEST 308,GG FEET; THENCE NORTH 73057'24" 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 54005'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 90000'00' WEST 301,71 FEET; THENCE SOUTH 62057'04" 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 83001'31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27009'30" WEST 142,15 FEET; THENCE SOUTH 14021'16" 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 115044'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29011'23" WEST 286.03 FEET; THENCE SOUTH 87"03'24" WEST 81.50 FEET; THENCE SOUTH 19006'00" WEST 178.46 FEET; THENCE SOUTH 73034'35" WEST 263.81 FEET; THENCE SOUTH 33042'00" WEST 81,86 FEET; THENCE SOUTH 51052'05" 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 82054'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22050'28" WEST 200,58 FEET; THENCE SOUTH 18036'35" 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 66004'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48032'34" EAST 186,14 FEET; THENCE SOUTH 81034'34" EAST 177,10 FEET; THENCE SOUTH 14002'28" EAST 106.97 FEET; THENCE SOUTH 15053'24" WEST 33.42 FEET; THENCE SOUTH 72018'08" WEST 1325,01 FEET; THENCE NORTH 16022'40" WEST 868,64 FEET; THENCE NORTH 16002'21" WEST 1,001.63 FEET; THENCE NORTH 15043'23"WEST 808,63 FEET; THENCE NORTH 14029'42" WEST 215.30 FEET; THENCE NORTH 02051'21" WEST 51,77 FEET; THENCE NORTH 37"59'19" EAST 51,77 FEET; THENCE NORTH 58024'39" EAST 660.90 FEET; THENCE NORTH 56056'25" EAST 865,77 FEET; THENCE NORTH 62027'21" EAST 303.89 FEET; THENCE NORTH 58011'43" EAST 148,88 FEET; THENCE NORTH 66027'20" EAST 99.67 FEET; THENCE NORTH 79059'44" EAST 60,67 FEET; THENCE NORTH 18039'40" EAST 212,96 FEET; THENCE NORTH 13026'09" EAST 80,67 FEET; THENCE NORTH 04005'14" EAST 65,75 FEET; THENCE NORTH 00047'28" EAST 593.12 FEET; THENCE NORTH 05029'40" EAST 61,18 FEET; THENCE NORTH 20017'22" EAST 57.43 FEET; THENCE NORTH 51055'17" EAST 55,07 FEET; THENCE SOUTH 84048'27" EAST 51.76 FEET; THENCE SOUTH 67"53'53" EAST 40.46 FEET; THENCE SOUTH 53037'33" EAST 55,29 FEET; 212512005- 127230 Ver. 031- BSTOCKHAM .,.... 037~. 0 2 Wi/sOnMi//e," y New Directions In Planning, Design & Engineering 10D~ 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.1. LANDS (CONTINUED): THENCE SOUTH 55037'37" EAST 158,19 FEET; THENCE SOUTH 66028'32" EAST 79,22 FEET; THENCE SOUTH 81019'48" EAST 69,92 FEET; THENCE NORTH 80053'08" EAST 96,10 FEET; THENCE NORTH 83009'35" EAST 88.49 FEET; THENCE SOUTH 7~.~8'08" EAST 57,96 FEET, THENCE SOUTH 45044'09" EAST 65.43 FEET; THENCE SOUTH 23012'23" EAST 107,03 FEET; THENCE SOUTH 31009'29" EAST 124,53 FEET; THENCE SOUTH 36028'03" EAST 195,13 FEET; THENCE SOUTH 41049'01" EAST 193,27 FEET; THENCE SOUTH 41027'57" EAST 187.53 FEET; THENCE SOUTH 50006'28" EAST 177.12 FEET; THENCE NORTH 86006'03" EAST 103,33 FEET; THENCE NORTH 82007'11" EAST 76.87 FEET; THENCE NORTH 58049'02" EAST 61,16 FEET; THENCE NORTH 41011'10" EAST 266,09 FEET; THENCE NORTH 43045'15" EAST 203,61 FEET; THENCE NORTH 63026'06" EAST 230,87 FEET; THENCE NORTH 55012'54" EAST 17,74 FEET; THENCE NORTH 06058'17" WEST 40.07 FEET; THENCE NORTH 60020'46" EAST 94,06 FEET; THENCE NORTH 14042'46" EAST 42,02 FEET; THENCE NORTH 52022'08" EAST 29,10 FEET; THENCE NORTH 05013'18" EAST 37,01 FEET; THENCE NORTH 07013'16" WEST 185.10 FEET; THENCE NORTH 08055'50" WEST 66,36 FEET; THENCE NORTH 08035'26" WEST 70,11 FEET; THENCE NORTH 03030'28" EAST 24,24 FEET; THENCE NORTH 09022'28" EAST 32,62 FEET; THENCE NORTH 32003'11" EAST 61,35 FEET; THENCE NORTH 41059'52" EAST 54.16 FEET; THENCE NORTH 46038'59" EAST 44.15 FEET; THENCE NORTH 40019'34" EAST 80.40 FEET; THENCE NORTH 39030'46" EAST 42.43 FEET; THENCE NORTH 52007'39" EAST 71.16 FEET; THENCE NORTH 60017'11" EAST 55,95 FEET; THENCE NORTH 68043'34" EAST 63,02 FEET; THENCE NORTH 86012'19" EAST 41.51 FEET; THENCE SOUTH 75032'58" EAST 74,98 FEET; THENCE NORTH 78055'50" EAST 42,97 FEET; THENCE NORTH 69031'07" EAST 36,80 FEET; THENCE NORTH 75037'20" EAST 34,34 FEET; THENCE SOUTH 72008'39" EAST 57.43 FEET; THENCE SOUTH 56052'50" EAST 70,22 FEET; THENCE SOUTH 56052'18" EAST 99.31 FEET; THENCE SOUTH 70035'59" EAST 56,76 FEET; THENCE SOUTH 85012'15" EAST 70.23 FEET; THENCE NORTH 85047'37" EAST 52,90 FEET; THENCE NORTH 7r16'18" EAST 51,33 FEET; THENCE NORTH 64020'23" EAST 9.49 FEET; THENCE NORTH 23058'25" EAST 60.47 FEET; THENCE NORTH 39027'42" EAST 136.06 FEET; THENCE NORTH 18012'03" EAST 123.70 FEET; THENCE NORTH 16026'30" WEST 137.54 FEET; THENCE NORTH 45055'34" WEST 133,51 FEET; 212512005- 127230 Ver. 03!. BSTOCKHAM CAlf<3 037B6-()()()'00Q. . 0 3 WilsOnMiller. '" New Directions In Planning, Design & Engineering 1002 DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16AND 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" - DR.I. LANDS (CONTINUED): THENCE NORTH 84043'21" WEST 101,26 FEET; THENCE SOUTH 87006'53" WEST 375,05 FEET; THENCE SOUTH 86031'55" WEST 296,36 FEET; THENCE NORTH 02029'11" WEST 25,06 FEET; THENCE SOUTH 85019'00" WEST 63.79 FEET; THENCE SOUTH 87"01'35" WEST 57,73 FEET, THENCE NORTH 85014'11" WEST 27,05 FEET; THENCE NORTH 86011'09" WEST 22,51 FEET; THENCE NORTH 71001'47" WEST 25,34 FEET; THENCE NORTH 74057'44" WEST 25,97 FEET; THENCE NORTH 80042'24" WEST 41,73 FEET; THENCE NORTH 77000'19" WEST 49,95 FEET; THENCE NORTH 78026'56" WEST 104.70 FEET; THENCE NORTH 78045'16" WEST 195.82 FEET; THENCE NORTH 79021'51" WEST 81,14 FEET; THENCE NORTH 76030'15" WEST 38,50 FEET; THENCE NORTH 70033'36" WEST 13,50 FEET; THENCE NORTH 53058'21" WEST 10,18 FEET; THENCE NORTH 53058'22" WEST 10,18 FEET; THENCE NORTH 43009'08" WEST 16.42 FEET; THENCE NORTH 34052'31" WEST 30.12 FEET; THENCE NORTH 37"08'48" WEST 31,00 FEET; THENCE NORTH 45000'00" WEST 37.06 FEET; THENCE NORTH 43028'45" WEST 29,92 FEET; THENCE NORTH 52029'45" WEST 40,59 FEET; THENCE NORTH 53028'16" WEST 25,16 FEET; THENCE NORTH 69051'49" WEST 23,93 FEET; THENCE NORTH 72053'50" WEST 40,74 FEET; THENCE NORTH 74038'02" WEST 101,72 FEET; THENCE NORTH 76025'14" WEST 79,73 FEET; THENCE NORTH 73050'34" WEST 83.41 FEET; THENCE NORTH 77016'32" WEST 71,39 FEET; THENCE NORTH 70044'15" WEST 32,62 FEET; THENCE NORTH 75044'50" WEST 240.26 FEET; THENCE SOUTH 76022'29" WEST 54,20 FEET; THENCE NORTH 75046'41" WEST 12,81 FEET; THENCE NORTH 78006'45" WEST 243,02 FEET; THENCE SOUTH 87032'28" WEST 438.43 FEET; THENCE SOUTH 86036'21" WEST 1,109,58 FEET; THENCE NORTH 77000'11" WEST 142,86 FEET; THENCE SOUTH 17"30'03" WEST 10,94 FEET; THENCE SOUTH 21030'05" EAST 36.63 FEET; THENCE SOUTH 30057'50" WEST 6,02 FEET; THENCE NORTH 73010'43" WEST 139,18 FEET; THENCE NORTH 11046'06" WEST 25,32 FEET; THENCE NORTH 05042'38" WEST 20.76 FEET; THENCE NORTH 04023'55" WEST 13.47 FEET; THENCE NORTH 50011'40" WEST 8,07 FEET; THENCE NORTH 83059'28" WEST 19,73 FEET; THENCE NORTH 84057'27" WEST 35.25 FEET; THENCE NORTH 83049'48" WEST 38.44 FEET; THENCE NORTH 80044'23" WEST 96,27 FEET; THENCE NORTH 79048'04" WEST 449,12 FEET; THENCE NORTH 77049'57" WEST 284,20 FEET; THENCE NORTH 83039'35" WEST 93.52 FEET; THENCE NORTH 87039'46" WEST 101.30 FEET; 2/2512005- 127230 Ver. 031- BSTOCKHAM CM43 03786-O<JG.O<JO. - 0 4 WilsOnMiller. .. New Direclions In Planning, Design & Engineering 1002 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.1. LANDS (CONTINUED): THENCE NORTH 84025'40" WEST 85.09 FEET; THENCE NORTH 77028'16" WEST 95.22 FEET; THENCE NORTH 7r23'45" WEST 170.38 FEET; THENCE NORTH 75057'50" WEST 76.65 FEET; THENCE NORTH 69026'38" WEST 35,30 FEET; THENCE NORTH 69"46'31" WEST 41,82 FEET, THENCE NORTH 48048'50" WEST 43.91 FEET; THENCE NORTH 46014'43" WEST 134.40 FEET; THENCE NORTH 43058'24" WEST 611.34 FEET; THENCE NORTH 45000'00" WEST 338,85 FEET; THENCE NORTH 44041'45" WEST 412,62 FEET; THENCE NORTH 43026'06" WEST 267,38 FEET; THENCE NORTH 46027'29" WEST 200,89 FEET; THENCE NORTH 66002'14" EAST 12,72 FEET; THENCE NORTH 81052'12" EAST 18,83 FEET; THENCE NORTH 03020'45" EAST 73,83 FEET; THENCE SOUTH 85025'42" WEST 6.48 FEET; THENCE NORTH 90000'00" WEST 10.84 FEET; THENCE SOUTH 70027'48" WEST 16,99 FEET; THENCE SOUTH 56018'36" WEST 14,89 FEET; THENCE SOUTH 75057'49" WEST 17.03 FEET; THENCE SOUTH 8r16'25" WEST 10,86 FEET; THENCE NORTH 59020'58" WEST 16,21 FEET; THENCE NORTH 35032'16" WEST 17,77 FEET; THENCE NORTH 26033'54" WEST 17,32 FEET; THENCE NORTH 16011'21" WEST 16,67 FEET; THENCE NORTH 01052'04" WEST 47,53 FEET; THENCE NORTH 00005'16" WEST 336,69 FEET; THENCE NORTH 00029'38" WEST 299.52 FEET; THENCE NORTH 00056'29" WEST 220,01 FEET; THENCE NORTH 00052'19" EAST 237,57 FEET; THENCE NORTH 00046'52" WEST 113,62 FEET; THENCE NORTH 00000'00" EAST 13,43 FEET; THENCE NORTH 14002'10" EAST 8.52 FEET; THENCE NORTH 45000'00" EAST 5,84 FEET; THENCE NORTH 71033'54" EAST 9,80 FEET; THENCE NORTH 82024'19" EAST 15,63 FEET; THENCE SOUTH 89012'02" EAST 222,07 FEET; THENCE SOUTH 86036'31" EAST 69.83 FEET; THENCE SOUTH 82038'52" EAST 32,28 FEET; THENCE SOUTH 70049'16" EAST 25,15 FEET; THENCE SOUTH 60038'32" EAST 18,96 FEET; THENCE SOUTH 62044'41" EAST 38,34 FEET; THENCE SOUTH 73008'30" EAST 35.61 FEET; THENCE SOUTH 8r42'34" EAST 25,84 FEET; THENCE NORTH 86018'31" EAST 32,08 FEET; THENCE NORTH 74058'54" EAST 43,84 FEET; THENCE NORTH 66016'18" EAST 51.33 FEET; THENCE NORTH 56001'25" EAST 57,29 FEET; THENCE NORTH 52034'43" EAST 171.66 FEET; THENCE NORTH 43053'54" EAST 75.96 FEET; THENCE NORTH 36037'17" EAST 47,61 FEET; THENCE NORTH 35048'12" EAST 77,68 FEET; THENCE NORTH 30021'29" EAST 83,78 FEET; THENCE NORTH 22037'12" EAST 67,13 FEET; THENCE NORTH 13036'02" EAST 32.94 FEET; 2/2512005- 127230 Ver: 031- BSTOCKHAM CANoI3 03786-000-000- . 0 5 WilstJnMiller~ .. New Directions In Planning, Design & Engineering 10D~ 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.1. LANDS (CONTINUED): THENCE NORTH 14028'13" EAST 66,13 FEET; THENCE NORTH 10057'15" EAST 65,22 FEET; THENCE NORTH 11018'36" EAST 21,06 FEET; THENCE NORTH 16041'58" EAST 10.78 FEET; THENCE NORTH 45000'00" EAST 10,22 FEET; THENCE NORTH 58"23'33" EAST 15,76 FEET; THENCE NORTH 64039'14" EAST 21,71 FEET; THENCE NORTH 67"47'47" EAST 163,98 FEET; THENCE NORTH 64059'39" EAST 161,25 FEET; THENCE NORTH 66022'14" EAST 18,04 FEET; THENCE NORTH 72053'50" EAST 28.10 FEET; THENCE NORTH 90000'00" EAST 14.46 FEET; THENCE NORTH 88018'55" EAST 35.13 FEET; THENCE SOUTH 88036'10" EAST 42,36 FEET; THENCE NORTH 90000'00' EAST 28.92 FEET; THENCE SOUTH 82045'47" EAST 16.40 FEET; THENCE SOUTH 61055'39" EAST 17,73 FEET; THENCE NORTH 69034'35" EAST 118,02 FEET; THENCE NORTH 81056'55" EAST 17,06 FEET; THENCE NORTH 86043'15" EAST 124,39 FEET; THENCE NORTH 13046'19" WEST 328,58 FEET; THENCE NORTH 70048'07" EAST 76.21 FEET; THENCE NORTH 54029'06" EAST 37,97 FEET; THENCE NORTH 21053'45" WEST 54.48 FEET; THENCE NORTH 70047'14" EAST 77,55 FEET; THENCE NORTH 71002'31" EAST 35,61 FEET; THENCE NORTH 72016'21" EAST 131,70 FEET; THENCE NORTH 72004'43" EAST 126,98 FEET; THENCE NORTH 73013'18" EAST 106,86 FEET; THENCE NORTH 71011'17" EAST 74,14 FEET; THENCE NORTH 68033'08" EAST 30,93 FEET; THENCE NORTH 71033'54" EAST 17,88 FEET; THENCE NORTH 81015'14" EAST 13,52 FEET; THENCE SOUTH 83005'20" EAST 17,09 FEET; THENCE SOUTH 47"43'35" EAST 15,29 FEET; THENCE SOUTH 37020'58" EAST 24,58 FEET; THENCE SOUTH 16038'20" EAST 46,68 FEET; THENCE SOUTH 24010'17" EAST 35.78 FEET; THENCE SOUTH 21052'45" EAST 70,36 FEET; THENCE SOUTH 34033'45" EAST 28,09 FEET; THENCE SOUTH 47"26'12" EAST34,20 FEET; THENCE SOUTH 52025'53" EAST 8,43 FEET; THENCE SOUTH 71033'54" EAST 9,75 FEET; THENCE SOUTH 85001 '49" EAST 11,87 FEET; THENCE SOUTH 87"08'15" EAST 20.59 FEET; THENCE SOUTH 88025'50" EAST 37,54 FEET; THENCE NORTH 87"33'48" EAST 48.37 FEET; THENCE SOUTH 89035'00" EAST 141,38 FEET; THENCE NORTH 89006'34" EAST 99,23 FEET; THENCE NORTH 84031'51" EAST 48,55 FEET; THENCE NORTH 82020'00" EAST 26.97 FEET; THENCE NORTH 79046'40" EAST 31.87 FEET; THENCE NORTH 76027'51" EAST 28,56 FEET; THENCE NORTH 70023'45" EAST 39,84 FEET; THENCE NORTH 70048'11" EAST 134.46 FEET; THENCE NORTH 70037'19" EAST 79,02 FEET; 212512Q05. 127230 V.r. 031- 8STOCKHAM CA"'3 03786-000-000- . 0 6 WilsOnMiller~ ... New Directions In Planning, Design & Engineering 10D~ 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.1. LANDS (CONTINUED): THENCE NORTH 66032'28" EAST 29,70 FEET; THENCE NORTH 57049'44" EAST 37,66 FEET; THENCE NORTH 53021'57" EAST 74.96 FEET; THENCE NORTH 54024'59" EAST 148,87 FEET; THENCE NORTH 50050'35" EAST 203,54 FEET; THENCE NORTH 48043'53" EAST 33,52 FEET, THENCE NORTH 32023'52" 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 70024'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06025'03" WEST 314.18 FEET; THENCE NORTH 41037'27" 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 18026'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 50050'52" WEST 183.80 FEET; THENCE NORTH 60004'16" 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 84041'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17043'30" WEST 40.41 FEET; THENCE NORTH 24037'19" EAST 671.69 FEET; THENCE NORTH 23058'37" EAST 211,35 FEET; THENCE NORTH 27"45'05" EAST 100,63 FEET; THENCE NORTH 34051'48" EAST 129,90 FEET; THENCE NORTH 36014'23" EAST 119.58 FEET; THENCE NORTH 39015'14" EAST 61,92 FEET; THENCE NORTH 30037'48" EAST 96,80 FEET; THENCE NORTH 31009'42" EAST 136,09 FEET; THENCE NORTH 31057'25" EAST 103,02 FEET; THENCE NORTH 32039'03" EAST 134,08 FEET; THENCE NORTH 28032'24" EAST 53,34 FEET; THENCE NORTH 31015'49" EAST 35,90 FEET; THENCE NORTH 36052'12" EAST 24,66 FEET; THENCE NORTH 53049'13" EAST 22,74 FEET; THENCE NORTH 59030'01" EAST 46.43 FEET; THENCE NORTH 58016'35" EAST 70,87 FEET; THENCE NORTH 46049'06" EAST 48,85 FEET; THENCE NORTH 34036'20" EAST 66,58 FEET; THENCE NORTH 36023'58" EAST 266,89 FEET; THENCE NORTH 35028'00" EAST 51.47 FEET; THENCE NORTH 24013'40" EAST 48,08 FEET; THENCE NORTH 20029'50" EAST 62,60 FEET; THENCE NORTH 17"32'36" EAST 44,54 FEET; THENCE NORTH 11002'07" EAST 134,56 FEET; THENCE NORTH 09020'41" EAST 65,81 FEET; THENCE NORTH 08049'13" EAST 32.16 FEET; THENCE NORTH 02007'16" WEST 14.81 FEET; THENCE NORTH 19058'59" WEST 12.83 FEET; THENCE NORTH 29055'53" WEST 20.87 FEET; THENCE NORTH 45000'00" WEST 56,96 FEET; THENCE NORTH 48051 '56" WEST 57.48 FEET; THENCE NORTH 42038'48" WEST 28,31 FEET; THENCE NORTH 38047'48" WEST 35,86 FEET; THENCE NORTH 43025'04" WEST 39,03 FEET; THENCE NORTH 36022'11" EAST 30,93 FEET; THENCE NORTH 23054'19" EAST 139.67 FEET; THENCE SOUTH 66053'26" EAST 241.46 FEET; THENCE SOUTH 64045'28" EAST 263,29 FEET; 212512005- 127230 Ver: 031- BSTOCKHAM CA'" 037a~QOO. . 0 7 WilsDnMiller~ ... New Directions In Planning. Design & Engineering 1002 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" - DR!. LANDS (CONTINUED): THENCE SOUTH 71018'47" EAST 57.07 FEET; THENCE SOUTH 85007'33" EAST 50.51 FEET; THENCE NORTH 81005'07" EAST 75,18 FEET; THENCE NORTH 81043'21" EAST 63.88 FEET; THENCE NORTH 84057'08" EAST 36.24 FEET; THENCE SOUTH 86"25'39" EAST 63.61 FEET; THENCE SOUTH 81031'21" EAST 262,28 FEET; THENCE SOUTH 88008'03" EAST 273.99 FEET; THENCE NORTH 80058'13" EAST 327.79 FEET; THENCE NORTH 67"50'56" EAST 252.22 FEET; THENCE NORTH 81002'01" EAST 819.65 FEET; THENCE NORTH 81042'41" EAST 310.84 FEET; THENCE SOUTH 65034'43" EAST 80,72 FEET; THENCE NORTH 89059'47" EAST 219,16 FEET; THENCE NORTH 82042'28" EAST 41,19 FEET; THENCE NORTH 58002'38" EAST 138,72 FEET; THENCE NORTH 41009'18" EAST 91.38 FEET; THENCE NORTH 73057'36" EAST 83.05 FEET; THENCE NORTH 84051'58" EAST 305,34 FEET; THENCE NORTH 86038'43" EAST 343,90 FEET; THENCE NORTH 87028'42" EAST 503,72 FEET; THENCE NORTH 88046'01" EAST 328,07 FEET; THENCE NORTH 37"30'20" EAST 357,69 FEET; THENCE NORTH 15032'08" EAST 149.51 FEET; THENCE NORTH 86055'36" EAST 261.44 FEET; THENCE NORTH 72053'31" EAST 576,59 FEET; THENCE NORTH 50045'14" EAST 202,55 FEET; THENCE NORTH 87"14'14" EAST 314,60 FEET; THENCE SOUTH 76038'32" EAST 143,08 FEET; THENCE NORTH 89049'43" EAST 1,054.71 FEET; THENCE SOUTH 75020'32" EAST 42.85 FEET; THENCE SOUTH 41043'41" EAST 38,04 FEET; THENCE SOUTH 59044'48" EAST 101.86 FEET; THENCE SOUTH 82056'38" EAST 71,89 FEET; THENCE NORTH 76031'27" EAST 68.87 FEET; THENCE NORTH 60032'45" EAST 175.39 FEET; THENCE NORTH 78018'10" EAST 41.23 FEET; THENCE NORTH 89028'30" EAST 480,22 FEET; THENCE NORTH 82052'57" EAST 82.50 FEET; THENCE NORTH 59026'48" EAST 47,53 FEET; THENCE NORTH 77036'27" EAST 12.36 FEET; THENCE SOUTH 70055'29" EAST 16.45 FEET; THENCE SOUTH 47"41'12" EAST 748.88 FEET; THENCE SOUTH 34006'49" EAST 46.63 FEET; THENCE SOUTH 14016'24" EAST615.15 FEET; THENCE NORTH 85059'44" EAST 160.53 FEET; THENCE NORTH 47"06'44" EAST 110.60 FEET; THENCE NORTH 29011'18" EAST 460.96 FEET; THENCE NORTH 13056'57" EAST 209.85 FEET; THENCE NORTH 76019'41" EAST 160,84 FEET; THENCE NORTH 61043'54" EAST 1 07.89 FEET; THENCE NORTH 18058'36" EAST 69,73 FEET; THENCE NORTH 01036'49" WEST 341.03 FEET; THENCE NORTH 89006'53" 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 00014'32" EAST 45.99 FEET; 2J25I2OO5- 127230 VO!<: 031- BSTOCKHAM """'" 03786-000-000- - 0 8 WilsOnMiller~ ,... New Directions In Planning, Design & Engineering 100; 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" - DR!. LANDS (CONTINUED): THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 05051'27" 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 01026'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05004'45" WEST 95.78 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 26'31'54" 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 89029'01" 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 00030'10" EAST 2,674.23 FEET; 3. SOUTH 00035'31" EAST 2.684,53 FEET; 4. SOUTH 00'38'11" EAST 2,610.24 FEET; 5, SOUTH 00030'34" 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 05008'04" EAST 83.53 FEET; 9, SOUTH 00029'16" EAST 1672.20 FEET; THENCE LEAVING SAID LINE SOUTH 89004'49" WEST 604.79 FEET; THENCE NORTH 47"03'54" WEST 98,67 FEET; THENCE SOUTH 52055'08" WEST 87.29 FEET; THENCE SOUTH 06039'26" WEST 102.55 FEET; THENCE SOUTH 71024'17" WEST 367.36 FEET; THENCE NORTH 19'54'41" WEST 104.73 FEET; THENCE NORTH 43'05'38" WEST 251.09 FEET; THENCE NORTH 11004'29" EAST 79.58 FEET; THENCE NORTH 05051'31" WEST 66.56 FEET; THENCE NORTH 48052'26" WEST 332.24 FEET; THENCE NORTH 74'56'35" WEST 80.29 FEET; THENCE SOUTH 74'58'06" WEST 235.65 FEET; THENCE SOUTH 51040'42" 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 88009'54" 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 03008'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02011'35" EAST 77.47 FEET; THENCE SOUTH 00038'28" EAST 84.34 FEET; THENCE NORTH 90'00'00" WEST 71.80 FEET; THENCE SOUTH 00038'46" 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 04005'59" WEST 217,57 FEET; 212512005- 127230 Ver: 03!- BSTOCKHAM c.oJU3 03786-QOO.OlJ(). - 0 9 WilsOnMiller~ ,.. New Directions In Planning, Design & Engineering 1002 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./. 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 03051'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02010'28" WEST 153.37 FEET; THENCE SOUTH 06034'56" 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 88054'34" WEST 247.15 FEET TO THE POINT OF BEGINNING, 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. SEPTEMBER 30, 2004 4, FEBRUARY 4,2005 5, FEBRUARY 24, 2005 2/25/2OGS- 127230 Ver. 03!- BSTOCKHAM """"" 03786-000-000. . 0 10 C.E. a.R. BOOK 2HJ PAGE 951 25 S.C.!. a.R BOOK 24iJ 36""''' "" C.D.C. O.R. BOOK 1517 PACE 2261 1 C.D.C. a.A:. 800M 1577 12 'AG' 22.7 I I I I L._.~____.._.. .-. L.S..1~27 OII.TE CENERAL NOTiS; 1. AlL OIM(NSiCHS ARE IN FEn AND OEClltAALS THEREOF, UNLESS OTHERWISE NOTm. 2, NOT VAllO WITHOUT THE SIGNATURE AND THE ORtGlNAL RAISED SEAl OF A FLORIo... LICENSED SURvEYOR AND MAPPER. J, BEARINGS ARE BASED ON THE SOUTH LINE OF SECTiON \6, TOWNSHIP 48 SOUTH, RANGE 2g EAST, COlliER COUNTY, FlORtDA BEING SOUTH 86'.54'.]4- WEST. 4. CERTIFICATE Of AUTHORIZATION ILS-4S 5. CONlAlNINC 5,026.93 ACRES !.lORE OR LESS. 6. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS Of RECORD. 7, THlS SKETCH ,"",Y HAVE SEEN REouCED. 8. ASBREV1ATiONS; a.R. .. OfFICIAl RECORO BOOK C,E. . COLLIER ENTERPRISES, LTC B.C.I. .. eAARON COlLlER INVESTtr.lENTS LfD B,C.P. . BARRON COLLIER PARTNERShiP R.O.W .. RtGHT Of WAY P.O.C. .. POINT Of COIol"'ENCEMENT P.D.B. . POINT or BEGINNING C.D.C, . COLLIER OEVELOPholENT CORPORATION D.R.I, . DEVELOPMENT Of REGIONAL IMP...cT ~ .. PARCEL DESCRIBED r'b 24. 2005 - Il;02;~6 GLANOjX:\SUR\OJ786\4HI25S1.,h'9 _. ...-.-.-. .",,-. --,~-- -... - ........~:::.~--=-~;:::..~.::;:,.~=-- lMMOI<AlEE RQAD '00' RIGHI-OF WA.Y '.t,I."UIU =.I~"1IGO B.C.P. a.R_ BOOK 200i ?ACiE 15.19- 15+$ 30 . -~..-- -- _ _ ~-_. ~m.. . ..~ -'1 S.C.P. O.R. Baal< \ Ig~~ 'AG' "'.- ,_e.~ .ou c.. =.1:: ,*' 29 I B.C. I PER O.R. BOOI< H9J PA.OES 2719-2796 B.C.P. PER Q.R. BOOK 290J PACE 2751 28 ael PER . OR BOOK 1 2HJ P..-.GES 27!~-~7~~_ _ Bep OR BOOK 2009 PACE 1 !:lUI- 1!:l53 acp OR BOOt< 2009 PAGE lSJ9 n~ ~~ .~ NN a~ ae I OR BOOK 2493 PACE 2179 Be? OR BOOK 2009 PA.CES 15"t,j-155J 16 8C' OR BOO PACE 1545 all. WELL ROAD 100' RIGHT-Of WAY ~ /Ill I ,...:-~- -~ J. CONTAINS - 5026.93 ACRES MORE OR LESS ... NOT A SURVEY ... ...SEE ATTACHED FOR DESCRIPTION .., EXHIBIT . A' REVISIONS; I, 10-15-Q3 BES 2. REVISED BOUNDARY, J-J-Q4, BES 3. REVISED BOUNDARY, 2-4-05, CPRl/1857 .. REVISED BOUNDARY, 2-24-~, GPRL/1857 =., ......... '"' lIT", VICINITY SKf:TCH - D.R.I. LANDS SKETCH OF DESCRIP110N In.. ~Ja 'OJ PARlOF SEe noNS 4-j ..l'tO Ie-I! TOWNSI1IP ~ SOUll1. S'iI 2" RAkC[ 2.. u.s.", MiD SECTIONS 'I-JJ , TDWHSHIP 0 SOU'+l, I\IoHCO[ 29 [,1.$1, eOL~IUl CQVNrt, FLORIO"- '1Eu\ ~ ~ . 'I t ~ ~"~~l i _$./~.~%.~( "';.K~ 1II.1JI'4~:' -. . >'-\~, "'" ._'~ .~, ~~ ~.2.@.~ %-;~;~% ~ -/; ff~~.~~~~~~~~' / %~,,-::; /,/;;;:;:~ / /, %?;;;;;;: /' / ///,?////,/ /; ~i::>~f~::~@ : /; ~;fi:0:ib./"~/~/0.)/% ~ ! -~St ~.I", _,...m'," IAS'S Of IUMIHC SOUTH ea-~4'J". WEST ~i~o EB~~~;~~:n~~dS:~~d 2~;t'(~igl) 64~-4040 Nopl.., F'lor-do J4105 FOR SIGNATURE AND SEAL, SEE SHEET 1 OF ~. NOT VAUO UNLESS StGNED B'1 THE SURVEYOR ANO SEALED WITH THE: SuRVEYOR'S EhlBOSSEO SEAl CERTIf"lCAIE Of AUTHORIZATION , LS-4j '!('I"""!.~ BCP OR BQOI< 200~ PACES '~46-1~5J 16 CURVE LENCTH AAOIt./S Oil WELL ROAD 100' RIGHT-Of-WAY GENERAL NOTES: 1. ALL DIMENSIONS AAE IN fEET AND DECiMAlS TH[REOF', UNLESS 8 ABBRE\MTIQNS' OTHERWISE NOTED. O~R. _ OFFIClAl RECORD BOOK ;EAL Ng~ ~~~O~g:O~E~~~O Sl~:~~~ ~O T~~~~INAL ~SEO C.E. - COLLIER ENTERPRISES. LTO iOW:~:::N~: ~~T~S~G~N 2~H~;~UT~OL~~E~ ~O~~~IO~ O~~ ::g:~, .... ~:~N C~~:R 1~~~~~~~~~7p LTD BEING SOUTI1 a6'~4.:i4~ WEST.' , L =:g:~. : ~~NTT ~ ~~'(MMENC("'ENr 4. CERTifiCATE Of AUTHORIZATION ILB-4J P.O.B. . POINT or 8E'GINNlNG ~. CONTAINING 5,026.9J ACRES MORE OR lESS. C.O.C. . COLLIER DEVELOPMENT CORPORATION ~ECOS~~JECT TO EASEMENTS, RESTRICTIONS ANO RESERVATIONS Of" D.lt!. . DEVELOPMENT Of" RECIONAl IMP"CT J. 7. THIS SKETCH lU.'f HAVE BEtN REDuCED. ~ . PARCEL OESCRIBED REVISIONS: 1. IO-l~-OJ. BES 2. REVlSEO BOUNDARY, 3-J-04, Sf:S J. R(VISEO BOUNOARY, 2-4-05, GPRL/IB57 ... REVISED aOUN(),I,RY, 2-24-05, OPRl/18$7 CONTAINS - 5026,93 ACRES MORE OR LESS ... NOT A SURVEY ... ...SEE AlTACHED FOR DESCRIPTION ... EXHIBIT "A" F.b 24, 200~ - 11:17:Q6 c~olX:\SUR\OJ786\4H'2~S2,dW9 ..... __ '............ ...__.' L.-._.~_ -..... -.....'--....::.~~-*'=-=:.:..~.:=.~=--- --.. "" 'ILE' DETAIL SHEET - DRI LAHOS SKETCH OF' DESCRIPTION LTIo1.16 0703 f',t.Ht or SECT!QNS ~-a AA10 \5-11 fOWt<Srill' .a ~O'-lrH, '""'.00' 8[5 'i2 0 .. AMC( it U.ST, MIlO SEClIC"'S ,s. -,U . TOW"'StlIP ..1 sourH. lWi"r n U-ST, COwEI!. COUNTY, FlOFl.OA ".. t:.. 6 5 l~~~ ~= ~:.;~ ~~.- UN '-r I I ! IC,",O... 1OOM20Dt I'KJt. UJ' 12 ~~:'l Jl.l4(1J7t w'w I I COol NN I I 0:::0::: --tU~-----~-1 !! -= 1~~ Ra9 Engine." ~nds:~:" 2~N(~~r:) 649-40.0 ~~~.~O~~~ll:l~J.1 05 SEE SHEET 1 Of 5 fOR SIGNATURE -'NO SEAL ~ I'Ij I REVISIONS: 10-15-03, 8ES 3-J-04. DES REVISED aOUNDARY. -4-05, GPRl/18:i17 "EVlSED aOUNOARY, 2 '-0' OP 18" DRI lANDS " IS 0 =~":Y "'; lI11.!, DETAlkHS~~E5CRI~N.. SO",", SKET 'iI /toNO 1a-I' TO'fftl~S"IP .7 SOUl". 08 03 ~1t~'ilS~~~.N~-:C~~~":.1 ~~;CM. o "1U.NCj{ ~II U.ST, COU k.~_ RES MORE OR LESS CONTAINS - 5026.93 AC NOT A SURVEY ... ... DESCRIPTION ... .I. ...SEE ATTACHED FOR EXHIBIT "A" fib 24, ,...........-=~~:-.=;---=-- _......-._-;:.-;.."':;;w__._ 4<-1-125 tM :.:J~,~," I __ ~------ ~'::C~- ISS) 31 1 ;4~j ~~I-m,- "" ~~s(~M~ d l.lInd S"'....,ly;r;l 649-4040 R.;, Eo9,inUrl..onc:. Suit. 200, (2 ~~~.~FII:~jQQ 34105 EREOF, U~l.ESS o DECIM.'J..$ TH GENE..... NO;~~.IONS ""E IN FEET At< 0 THE O"GINAL /lIoJSEO 1 All 01" NOTEO SJGNATU'E At< 0 .APPE' " OTHE:~iS~""'D WIT~D~~E~~io SU:.i6e~H "f',NE "c'O~~::;:O~'o"b. 2 EAl OF · FLO'~ ""'EO ON TH EAST COLLIER $ BEARINGS AR TH RANGE 2'i1 ' WNSHIP .. sou 'J<' WEST a-4J ~'NG SOUTH awg; 'UTHORI"TJO~O~~ o. LESS RESER..nONS OF 4 CERTIf'lCAT5 5 026 9J ACR~ESTRICTIONS ANa 5 CCNTAlNIN a EASEMENTS, 6 SUBJECT T BEEN REDuCED. ~ECO:H~S SKETCH MAY HAVE & AB8RE\I'lATION~ECORO eoo\TO OR. . Of'F'ICr; ENTERPRISES ESTMEHfS LTD C E . COLl~ON COLLIER I~~RTNERSHIP Bel . a:RRON COlliER ~ g: : RiGHT o~ ~~~ENCEMENT pac . POINT gF BEGINNING CORPORATION PO e . ~g~~ER O(\l[lOP~~~~ONAJ.. IMPACT g ~ ~ : DEv(lOPt.(~~~C~ED ~ . P""CEl MORE OR LESS 026.93 ACRES SURVEY ... CONTAINS - 5 ... NOT E~CRIPTlON ... ...SEE ATTACHED FOR 0 EXHIBIT "A" AVE ~ ~ I ~,...- ... "'""""'~ I Of' :- AND SEAL. SEE SHEET 0 FO' SlGNATU'E THE SU..EYO' ,At< AlID UNLESS SU:'~;~R~ EMBOSSED SEA ' ~~,~O WITH :H~~~:iZ.nON I La-4J CERTIFICATE 0 I. lQ-l!l;-OJ, 8~~y, 3-J-04, 6;~L/'a~7 2. R~~~g ~NOARY, ;=;~~~5, GPRL/18~1 ~: ~EYISEO BOUNDARY, '\5UR\OJ785\ 4H125S4,l:lw9 CLANDlX, L Hm - DRI lANDS lITL~ DO:ET'AlCL H S Of' OESCRI"l:,~N.. sO''''ou,. SK .-9 AilO L'-II'J~a"'NTOWHSHIP 11 s :':k ~iS~~~~~I~~C~~~~; ;lORIDA RAHGl2twr -- -- --=;;~~=:.~~~~-- '.C,l 'U 011 ~ j'IJ I',""U 29 2171-t1t1 '.CP, /"fit 0.11I, IQOlIl 110JP.I4(nl. 28 fOR SIGNATuRE MID SEAL, SEE SHEET I OF 5 ~ /IIIIIi I ~~~ .L CENERAl NOTES: I. AlL DIMENSIONS ARE IN fEET ~O OE:ClIoUoLS THEREOf, UNLESS OTHERWISE NOTED. S, AS8REVtATlONS 2. NOT VAlID WITHOUT THE SICN....TURE ~O THE ORICINAL RAiSED O.R. . O,f1ClAL RECORD oOOK SEAL OF A FLORIDA LICENSED SURVEYOR 'l{'tD MAPPER. C.L . COLl.IER ENTERPRISES. LTC 1. oEARINGS ARE BASED ON THE SOUTH LINE Of SECTION 16. Be.1. . BARRON COLLIER INVESTMENTS 1.10 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COlliER COUNTY, FLORIDA B.C.P. . BARRON COLLIER PARTNERSHIP BEING SOUTH 8B'~"J.4" WEST. R.O.w .. RIGHT OF WAY ;: g~~~~+;.'J~ ~~2~~~~a~~~T~O:oti:B~J LESS. =:gt : ~~~~ g~ ~~~I~~~NCt.lENT =ECOSRUO~ECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS Of g:~.~' ,: a~~~tl~=I.l~~'1~~P~~6~~~R~~::~~ON 7. THIS SKETCH MAY HAVE BEEN REDUCED r:m . PARCEL DESCRI8ED ~2& E;:~~;.~n~~~ S~~:d 2~~Y(~)(;) 649- 40~O Ncplu, flQril;lQ l~'05 NOI \lALID UNLESS SIGNEO 8'1" TH( SURIIEYOR AND SEALED WITH THE SURvEYOR'S EIolBOSSEQ SEAL CERTifICATE OF AUTHORIZ....TlON I L8-4J F.b 24, 2005 - 11:12:01 CLANDIll'.:\SUR\Dl7B6\4H12555.tlw9 CONTAINS - 5026,93 ACRES MORE OR LESS REvl~ON5; ~', ~~~~~~O~~~~y, 3-l-04, BES ... NOT A SURVEY ... J. REVISEO eOUNO....'. 2-'-0', CPRL/,e., "..SEE ATTACHED FOR DESCRIPTION ... 4, REvISEe aaUNQARY, 2-24-05, GPRl/1657 EXHIBIT" A" =.,. "~I/l'olI'. /Il.. DAI1 n1\.t; DETAIL SHEET _ ORI LAHOS Cl..1[Nl: '.... "';/~ "'" SJ<ETCH OF' OESCfllPTlON /200J . AVE MARIA !llUI'I[I: LTW 436 a7 ()) PAIlT OF seCTIONS 4-i Joo'ID 1&-11 TOWNSHiP U $OUTH, 1- ...400' c;H(C~(Q ft 8[S U!l Oi 04 R.t.hG( U E.-Sf, .<.Nl) $ECrlOHS J1 -J} . TQYrNSHlP H SOUT'1. ftflO eooocll'<oCl RNiGE 2'J ')oSl. COLLI[Il COUtolIY, FlOIi\O... -........-....""-. ~_.---- -." -....~...-=,.::..~"".::':,;.,.-=~~.:=.":".:::._- 1002 Ave Maria Development Contribution Agreement DATE PERMIT # CREDIT AMT BALANCE COMMENTS Beqinninq Balance $6,000,000.00 Available -:- ey~.,~',+ '~~ II Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 8406 3621786 OR: 3802 PG: 2557 RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUKTY, PL 05/19/2005 at 09:53AM DWIGHT B, BROCK, CLBRK RBC PBI COPIBS 299,00 35,00 DEVELOPER CONTRIBUTION AGREEMENT A VE MARIA 1 OD~ (~ ~~' THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and entered into this 2..<':"\--\.... day of April, 2005, by and between AVE MARIA DEVELOPMENT, LLLP, a limited liability Florida Limited Partnership, formerly 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, RECIT ALS: 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 Bill 1625, 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," DRI #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 which will house an estimated 24,200 residents, 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-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 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 laning of Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban area of lmmokalee, 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 fill to the County at its cost, all of which will be of significant benefit to the County's transportation network; and Page 1 of8 OR: 3802 PG: 2558 100; 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 will 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- 3177(11)( 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, Camp Keais Road, and Immokalee 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 frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with 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 Dollars ($2,500.00) application fee for this Agreement: Page 2 of8 OR: 3802 PG: 2559 1 aD, 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 from 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, free 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 frontage) 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 Immokalee 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 stormwater drainage for the portion of the road segments adjoining the Donated Land, the Developer 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 stormwater into existing Developer-owned or controlled stormwater systems, or (3) a proportionate combination of the above at Developer's option. It is estimated that if the County had to mitigate stormwater 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 stormwater 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 OR: 3802 PG: 2560 by the Collier County Transportation Department. The signals will be owned, operated anl 0 0 a 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 well as the stormwater accommodation, the Fill and Design and Permitting as a pipe lining 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, then north on Immokalee Road to the existing four lane section in the Immokalee urban area, 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 $11 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 Page 4 of8 OR: 3802 PG: 2561 10D( 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. 9, Once the County has received final Design Plans and all necessary permits 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 form 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 Permit 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 Permit 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. Page 5 of8 OR: 3802 PG: 2562 13. The amount of road impact fee credits to be granted under this Agreement i~ 0 D ' approximately SIX MILLION DOLLARS ($6,000,000). Attached hereto as Exhibit liE", in recognition of the developer contribution herein, is a copy of the Impact Fee Ledger setting forth 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 permit, 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 permitting requirements, conditions, terms or restrictions. 15, The terms 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 form 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 terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 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 Page 6 of8 OR: 3802 PG: 256\ 0 0 ~ County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement ofthis Agreement. 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 DR! Development Order, SRA designation for the Town of Ave Maria and Army Corps of Engineers permit for the Town of Ave Maria become final and effective, If the Town of Ave Maria DR! 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: ,: ,: '.' ;:~'," \. DWIGHJ~ ~,.':mitJ~?~'Ie(~ '. ," (,.. , c:,', , '~-/.... .'\" '. : . " ,,'-. ,{ , ... "\ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By '1t-.1- w. ~ FRED W, COYLE, Chmrm f 'I ~ AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership L /!IL ~ Print Name: 'B\A~ Gj"'L.t. ~~ " Print Name:' _ By: Barron Collier orporation By:~E_. ~ Paul Marinelli Title: President Page 70f8 ST ATE OF FLORIDA COUNTY OF COLLIER OR: 3802 PG: 2564 100 (SEAL) foregoing instrument was acknowledged before me this -1d~:day of , 2005,. by Paul Marinelli, as trt5. h:-Ya'"a( P\nc of Ave Maria He is [1-fpersonally known to me, or [ ]'has produced driver's license no, as identification.. f\ . J ,A NOTA.l\YPUBUC,STATEOFFLORIDA ,,--~Q~Q ~, ~tffi0== ~ Trisha A, Ake~s NOTARY PUBLIC Commission #DD392198 Name: TRISHA A. AKERS Expires: FEB. 10, 2(\:9 (T P') Bonded Thru AtioUltiC Bonding Co" Inc. ype or nnt My Commission Expires: FE5 10, acA The (Y\~N Development, LLLP, t form and legal sufficiency: atz ow, Assistant County Attorney Page 8 of8 < ..... .- ~ .- .: ~ ~ OR: 3802 PG: 2565 1000 A-I r-- '-D ~ ('"'..J C) p.. ('"'..J c::> co CV') P:: C> 9 PARCEL 9 1.43 ACRES :t (BC/) 60' R.O. W. ~~-c- PARCEL 8 3.77 ACRES :t (BC/) ~ L79 L78 --0 --~ >- 0 l.O :'( a -- S~ 100 o o o ~ -- I L76 ===:==:: STOCKADE ROAD 60' WIDE ~ ..lA.J ~.. 0,'0 ~ ~ a ~ . ~ al.O a . It') ~J ~: c .-......,j-- ~~ ~ll) ?9/~;;; a g__ ~ V) '-D '-D ~ ('"'..J .. C'\j -- C) p.. C'\j ~ ~ ~ ('"'..J c::> co CV') P:: C> -- -- . a a ~;~~ ARE IN rEEl AND DECIMAlS THE~Eor. UNLESS OTHEIlW1SE NOTED. 2. NOT VAlID WITHOUT THE SlCNATURE AND THE ~ RAISED $[AI. or A FLORIDA UCENSEIl SURVE'/O~ AND MAPPER. 3. _ AAE IIASED ON THE EAST UNE Of' SECTION 1 e. TDWNSHP 48 SOUTH, IWlCE 21 EAST. COLLIER COUNTY, FLOIl1QA IEINC NORTH DD'sa'oa' WEST. 4. CElmllCATE or AUTHORIZATION 'L8-43 5. SUIl.JECT TO EASDlEtmi. RESTRICTIONS AND RESERVATIONS or RECORD. a. THS SKETCH lIAV,....VE BEEN REDUCED. 7. UNES ALONG THE PERIMETER or THE PARCEL DESCRIBED ARE LABEllED CONSECTUTIVEL V. IN SOWE AREAS WlELS ARE OMITTED TOR CLARITY. e. SEE ATTACHED TOR LECAl DESCIl1PT1ON 21 3/1/05 DATE NOT VALl NL S SIGNED BY THE SURVEYOR AND SEALED WITH HE SURVEYOR'S EMBOSSED SEAL. CERF'IF'ICATE OF' AUTHORIZATION N LB-43 M r GP 1157 3 D5 RoO.W. DONATION Dt8T i2005 CLIENT: '".'000' _AMltI'rJif'EftCIIIIJ. ~.JiClIIrN,"'.1UT . MW", ___', .. "...,.. ..... .. ~ .... It.., . 1Mf fJI'''''''' .. 'I. '~~"':: ., JIMN. ....,. 1'.AI1. XHI I H . w 0llWS/EIIP. NO. DATE TITLE: - '4: :, .... ACWITY RESEARCH: flEU) WORK/CREW cttlEF DRAFTED: CHECKED BY: FJELD BOOt</PACE: PARCEL 7 2.88 ACRES :t (BC/) L75 15 PARCEL 6 9.05 ACRES :t (SIL VER STRAND II/) L74 U) a a . ..... PARCEL 5 5.97 ACRES :t (SIL VER STRAND II/) 22 ..... . t1l a L73 ... NOT A SURVEY ... BARRON COWER 03786-010-002 ~ CUlM: TABL( CUlM: RADIUS UNGTH DE:L T.... CHORD BE:.4RfNG CHORD CI 540.00' 50.'''' .' 1'4 ' "",.....'....W ~.52' ~ 1 ~ C2 650.00' 99.20' If! '.. ""7'4" '..'W 99.10' CJ J41.JJ' 77.0" I'" ..".....on""< 76.89' C4 822.95 211.92' 4'1 ' , 211.87' - C5 918.1" "2".14' I' ""......'..n"1l' "2J.9J' ~ ~ C5 ~7.51 J75.27' ..".....'..n"" J7'.IO' .... ti C7 1950.:15' 628.J7' I I' ='7"< 62'.68' _rl/~ C7A 1950.25' 44J.2J' I 'I ,......" "42.29' ~ C7B 1950.26' 18'.1'" 4'41' ",~i 1,".07' C8 950.00' 264.7" ~ "",....'.n"W 211.].91' ~ CII IHO.2/J' 620./JO' I '.... toltVr!ll'I ~< 61/J.2I' 9) '/ CIO 8"0.00' "J/J.J/J' ,0'.....',,7" "'..'..0' W 4JJ.4J' U / 22 CII .3707." J94.~' ,.~tt' ""'....7.4 ' J9".JI' 21 Cl2 79/J.I4 411.2" , '14" ""......'.. 411.05' g CIJ 702.11' 202.9 I' , "".....' 202.86' / CI4 "61.JJ' 104.19' I , 10J.97' CI5 '40.00' 7f. 77' , c:tIII"14" 71.72' 1/ Cl6 1/150.26' 2917.18 1I00'lO' N4"'4 '.. 627.JJ N89" 39'06 liE - 1/ CI7 '950.26' 1825.06' NU'l.' , '759./15' CI8 540.00' /l48.2J' ,,<<.....' 763.68' 1466.68' 1/ ,\> CI9 8"0.00' 5/J".69' i 572.96' C20 750.00' 1.3.0" I' .,..."", , .3 I O./J" , (C7 C81 j ~CJ C2' 8"0.00' "'.51' I "'4'~'" 151.JI' J 3~38'J C22 750.00' 5211.01'1 '.- N'''''',,' 518.J9' ./'"\ C2J "50.00' 722.'7' I 110'.0 "'........' II' 6'0.54' 1 7&:. __u -~- T / / / / //////// LL35 589"42'22"WJ ~L43 40.00' 21 ~ ... ,,'" }J 10D~ 22 l} ~ PARCF:L 4 IMMOKALEE ROAD :~ ...--'0.04 ACRF:S :t 100' RIGHT ~71. (Bel) OF WA Y ~;:C!.c7B ~ ~ (SF:F: INSF:T J) , WI: I.-.::!.A"'" tJ ..) NB9'J~;>06"F:.-J 1466.68' I\--SB9'42'22"W I ~ 40.00' P.O.B. PARCF:L 4 110 01 :- ~ po,. Ir-';:O.B, PARCF:L J 17 ~~., L9 L61- -IJ P.O,C. PARCF:L J S,F:, CORNF:R SF:CTION 16 TOWNSHIP 48 SOUTH RANGF: 29 F:AST (SF:F: INSH 2) ... NOT A SURVEY ... INSET J SCALE '-.'0000 28 ::'; ~ ... ... PARCEL 2 [/0,93 ACRES :t 16 L5A~ L10D~ \ ~L5B P.O.B.-'t/ /'/'/ A ---- N01;~~;b~"w::;j' ~Ll~t OIL WELL ROAD 100' RIGHT OF WAY P.O.C. S.E. CORNER c:: c-r'Tlru,/ 1 7 ....,L..."-" ....,., . ,. j~ ~~~ 01 01 ~ 't ... JJ ~ ~ 17 ll_ PARCEL 2 T-47-~_ r-~!3-'s il ~ ~, ~ ti '"l~~~j~ - i::l~ilQ..: ~ ~~!:!~~ ~~~~e: 4V INSET 1 SCAlE I'.~' 00 '1...0 U"") C"'J / i/ /.rP.O.B. PARCEL 3 1/ ,be Lt' ~\) 1/ L---- v,~ f --~00"56'OO"W 421 47' / / -/ /M ~ . - ---- --------7:61+ OIL WELL ROAD 1 DO' RIGHT OF WAY P.O.C. PARCEL 3 CORNER SECTION 16 TOWNSHIP 48 SOUTH RANGE 29 EAST Gt:NE_ NOTES: 1. AlL DIMENSIONS ARE IN rEEl AND DEClIoW.S THEREor, UNLESS OTHEIlW1$E NOTED. 2. NOT VAlID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL D' A TLOfIIDA lICENSED SUlI'It'tOR AND _R. 3. _IHGS AAE BASED ON THE EAST UNE or SECTlDN 11, TOWNSHIP 411 SOUTH, _ 2t EAST, CDt.UE~ COUNTY, FLO~IDA IElNG ~ 00'51'IIlI' WEST. 4. CEImT1CATE or AUTHOfIIZAT1ON 'L8-43 5. SUBJECT TD EASEIlENTS, RESTIlICTlONS AND RESERVATIONS or ~ECOItD. I. THIS SKETCH MAY HAVE KEN REDUCED. 7. LIlES AlDNC THE ~IIIETER or THE PAACEL DESCRIBED ARE LABELLED CDNSECTUTIVE\.Y. IN SDIolE AAEAS LABELS AAE OIotITTED RlII ClARlTY. I. SEE ATTACHED TOR LECAl DESCRIPTION ~ p..., S.E. I. _EV1ATIONS: D.~. . ornclAl. RECORD 8DOK C.L " COLLlt:R [NTE~RISES, LTD 8.C.I. . IIARlIDN CDt.UE~ INVESTIIENTS LTD I.C.P. . IIARlIDN COWER PAIlTNEllSHIP R.O.. " IlIGHT orWA =Y P.O.C. " POINT or C EMENT P.O.I. . POINT or NN C.D.C. . COWER L COfIPDIlATION -" ~~ ,~ I - (' \ ~~l" I IJ ':,,\;~ ~~ L.ANCE;lT ~ IllER, P.S.M. l.S,N5627 . DATE ./ -: "l",t.'" NOT VALID U S SIGNED BY THE SURVEYOR Al'/D . SEALED WITH THE SURVEYOR'S EMBOSSED SEAL:.' \ \ CERFIFICATE OF AUTHORIZATION * lB-4.3 \...;~ ..... ~'i .... t '. . .' 10 ~: 4- ~ ~~.,'~~ ~ C"'J c:::> 00 m . , '. . J;.'c'... . '. '" , . ~ ........, , ., r..:'.U') toll') , ~'.<~ ~ ~ c::> / / INSET 2 SCAlE ,'.~' S.E. QUARTER L.JL.J I SF:CTION I J I I 18 11001 "'''' ~ I I I ll::ll:: 10 II I'} ----_.._--~ - L1J LIS L14 17 PARCF:L 1 (AVF: MARIA UNNF:RSITY LAND TRUST. L.L.C.) 41.48 ACRF:S :I: L.t 1'1 L12 Lll PARCF:L 2 A VF: MARIA DF:VF:LOPMF:NT, ("t-- O,9J ACRF:S :t \ (SF:F: INSF:T 1) 16 \ ~ L.L,L.P. LlO OIL WELL ROAD 100' RIGHT OF WAY ..... M "." _ ,.".., -~" . , .ow WI_Mlllef - - - -.~--.....- WIIIonMIIror, Inc. r.- Fat~ .... .......... ~~ "..,.awy..." SIIIlJO......L.wIlI....1OO ,..,iIblilIlII",r~ _~.,........,. ~"""'.""""".GIllr'n 1JMW.S/EIilP. NO. OATE ~i2005 ;::2500' CUENT: TITLE: RAW. ..... 'lID ...... ~._ .... ACTIVITY RESEARCH: f1ELl) WORt(!CREW CHlEr DRAn'EO: CH[CI<ED BY: F'l(LD SOOI</PACE: CPRLl1857 3 DS .... A ,., . _... 'I. ,... ... DIfN. .... ,. ." . /IlIltf' " JRnCINt ... .. ft-Ia ...... .. ..,... lWIGI' It .., . twtr" SICftIlJId .. 'I. '~~":::.'.-nH. __" rMr. ";;';;;~-0'0-002 I ,,, 2 liio BARRON COWER 10 C'l ~ ~ ~ po,. - ~ : ~ 27 LIN( TABL( LlN' BQ.RI G DISTANC( L I ""'0'''4'' 267/1.J2' L2 26J8.J6' U 26"5.02' L4 ~ 2702.71' ~ ~ 2417.7/1' LSA "2.2'" L'8 "...o~, 4. 2"7.15' L6~:,W 2JIIJ.III' ! L7~ 2'98.'" L8 "9'''' L9 "....7'.. W 2'9'.92' L 10 "."04' 4' 2J/J".24, ~ =i'55'f 100."5' JJ2!! "w 2'6./11' LlOC 7'06"W "2. I.!l' LlOO ",,,. , II' 100.00' Lll 2417.89' LI2 2702.71' LlJ = 264'.OJ' ~ ' 2639.06' ~ 4" 2677.J/J' Ll6 "''''11' 100.01' L 17 "I"""" 99.99' LI/Jimrr'lR' 'w 2246.J6' ~~'w 2660.'2' ~...lHlfllf.:1'w I 7Q.!l.9 I' L22 . .w 111.46' L2J ... 'w "00.34' L24 ' 4'11' '99.90' ~ 'J,'"w J~iV.J; ~ '11'11' 268".28' L27 '267J.82' L2S II" ." 'f -- (( 26,]g.70'. ~ I..'JJ"III '9~.0'" ~ i'5i'27"f 2'1.00' L-Jd! 14"W /86.92' LJ2 ''''4 ' 19.71' LJJ ,., 'w 4787.07' LJ" t= 'w 2605.95' ~ "w '00.00' ~ ,oF 780.~' LJ7 .......G' "" 1208.54' LJ/J N""'i7'..'W 10.90' U9= 4 97J.26' -m :: 56J.I'" :::lli ' 4' 101.87' . L42 2088.76' L" I '4 6D.8J' L4... "IIJ7.22' L4.!l 'w 101.19' L45 '. 'w 7.6J' L47 I..' 7.3.~' L4tJ "nO'. , W 217.45' a ~=' 11107.96' " L'O 2609.4J' ~ 'I 267J.59' ~ L52 .,""'..' I' 268".14' oJ L'J . .,,,,,,..,,' 26'0.47' "L.!l4 ' 4' 200.0J' L" "00.00' L.!l6 ' 4' 9'.99' L.!l7 'I 1710.26' ~ 2650.06' L'II ~ 22"6."4' ""ifo ~ '00.00' t::ill~ 120."" L62 ,,""',.' 4' 610.28' ~ 617.6" ~ ' 16..7" ~ W 500.00' ~ ' '4J.4~' L67 201.17' L68 54J,"5' L69~' 600.00' ! L70~' 164.27' L71 """'I ' ~.68' L72 N""'I.."W 21.J2' ,) ~ ~ U " rr, ):; Vl ::0 ~ CJ co a ::0 (;) :t -t OR: 3802 PG: 2570 PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO. 10D~ 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: By: (Signature) [GRANTOR NAME] (Print Full Name) (Signature) (Print Full Name) ey~ ,~(,-\ \\ \!JI OR: 3802 PG: 2571 STATE OF FLORIDA COUNTY OF COLLIER 1 OD~' 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 L..J L..J I I O'J 0) C'J C'J I I a:: a:: v) v) I I O'J O'J '* ~ I I I-- I-- .~ . , I I Vl Vl N01"03'32"W 150.00' 13 18 P,O.C, 5. W. COR SECTION 18 N88"56 28 E 589.02' i;.s.H'5!)27 3/B/05 DATE NOT VALID UNLESS SIGNED BY' THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL CERFIFICATE OF AUTHORIZATION * LB-43 Mar 10D0 .' "nl L..d . JR " PM 2: 46 o o I") 750.13' OIL WELL ROAD 100' RIGHT OFWA Y . ~ ~ I ~ o 75 150 300 800 GRAPHIC SCALE C> ::t::J (.".,) Cl:> <::> r-u "'l::J G'l r-u 0"1 -.....:I r-u FUTUPE NORTH R. O. W. LINE OIL WELL ROAD EXISTING NORTH R, O. W. LINE OIL WELL ROAD GENERAL NDTES: ,. AlL DIMENSIONS ARE IN TEET AND DECIIlAlS THEMor, UNU:SS OT_E NOTt:D. 2. NOT VAlID WITHOUT THE _TURE AND THE ORIGINAl RAISED SEAL or A f\.OfIIDI, LICENSED SUIlVE'IO~ AND MAPPER. 3. lEARlNGS ARE BASED ON THE SOUTH UNE or SECTION tll. TDWNSHP 48 SOUTH, ItANCE 21 EAST, CDlLJ[R COUNTY, rLORl1lA IEINC ~ 8ll'Se'2S' EAST. 4. CElmTlCATE or AUTHDIl1ZATIDN ,LB-43 S. SU8JECT TO EASEMENTS, RESTIl1CT1DNS AND RESERVATIONS or MCDRD. e. THtS SKETCH MAY HAVE IItEN IlEDUCED. 7. UNE$ ALONG THE PE~IMETER Dr THE PMCEL DESCIII8ED ARE 1.JoIlEW[0 CDNSECTUTNELY. IN SOME AAEAS LABELS ARE OMITTED TOR CLAAITY. I. SEt ATTACHED TOR LECAI. DESCIllPT10N t. A8IREVlATIONS: O.~. . DmclAL MCOIlD IlDOIl C.E. . CDl.LIE~ ENTERPRISES, LTO I.C.I. " lIARRON COWER INVESTMENTS LTG I.C.P. . lIARRDN COLLlEll PARTNERSHIP ~.D.W . IItCHT or WAY P.D.C. . POINT or CDIIllENCEMtNT P.D.I. . POINT or KOINNINO C.D.C. . CDt.LIER DEVELOPMENT CORPDRATlDN RYPITX H.w ACTIVITY 1NrTW.S/ElIlP. NO. DATE RESEARCH: FIELD WORlC/CREW CHf.r DIWT!:l>. GPR 11157 3 os CHECKED BY: F1ELD BOOK/PACE; TITLE: _110 ...... .. ,_ __ '" /2005 1'-JOO' BeING A PART PARr 01' secTION lit TOWNSHIP 4/J SOUTH. RANG( 29 CAST. COLLIeR COUNTY F'lORIOA \ \ 1"'"1 I \ C) ::J::lI ~ ex> c:::> l'J ~ G"l ... NOT A SURVEY ... l'J Ln --.J ~ CUENT: BARRON COWER OJ786-010-002 WilsOnMiller@ ,.. New Directions In Planning, Design & Engineering OR: 3802 PG: 2574 10C, DESCRIPTION OF PART OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (28,00 ACRES:t) All that part of Section 18, Township 48 South, Range 29 East, Collier County, Florida being more particularly described as follows: Commencing at the southwest corner of Section 18, Township 48 South, Range 29 East, Collier County, Florida; Thence along the south line of said Section 18 North 88056'28" East 589,02 feet; Thence leaving said south line North 01003'32" West 150.00 feet to a point 100 feet north of and parallel with the north line of Oil Well Road (100 foot Right of Way) and the POINT OF BEGINNING; Thence North 00001 '40" East 1,626.24 feet; Thence North 88056'28" East 750.13 feet; Thence South 00001'40" West 1,626.24 feet to a point on a line 100 feet north of and parallel with the north Right of Way line of the aforementioned Oil Well Road; Thence along said line South 88056'28" West 750.13 feet to the POINT OF BEGINNING, Containing 28.00 acres, more or less, Subject to easements and restrictions of record. Bearings are based on the south line of Section 18, Township 48 South, Range 29 East,. Collier County, Florida being North 88056'28" East 3-08-05 Date \, Not valid unless embossed with the Professionals Seal REF, 2H9.2 W,O,: 03786-01Q.:'002 Date: 3-08-05 EXHIBIT C-2 Offices strategically located to serve our clients 800.649,4336 Naples/Corporate DUlce 3200 Bailey Lane. Suite 200 · Naples, Florida 34105 . 239.649.4040 . Fax 239.643.5716 wllsonmlller. com 31812005- 149081 Ver. 011- GLAND C"'3 03786-010-002. . 0 Wi/sonMlI/er./ne. - FL Lie.' LC-C000770 Exhibit "f" SKETCH & DESCRIPTION FOR THE AVE MARIA DRI LANDS OR: 3802 PG: 2575 1000 WiIS;nMiller@ OR: 3802 PG: 2576 10Dc New Directions In Planning, Design & Engineering - 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 01004'07" WEST 150.00 FEET TO A POINT ON A LINE LYING 1 00 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 88057'06" WEST 354,33 FEET; THENCE LEAVING SAID LINE NORTH 01007'23" 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 88057'05" WEST 2,215,48 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 88055'37" WEST 1,128,15 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 89032'56" WEST 1286,63FEET; THENCE LEAVING SAID LINE NORTH 00027'04" WEST 1,089,55 FEET; THENCE SOUTH 89032'56" WEST 242.19 FEET; THENCE SOUTH 89024'19" WEST 3977.40 FEET; THENCE NORTH 00001 '40" EAST 1280,68 FEET; THENCE NORTH 90000'00" EAST 1125.68 FEET; THENCE NORTH 00019'38" WEST 520.46 FEET; THENCE NORTH 09027'58" EAST 38,31 FEET; THENCE NORTH 14056'15" EAST 32,59 FEET; THENCE NORTH 59002'49" EAST 24.49 FEET; THENCE NORTH 68012'25" EAST 33.93 FEET; THENCE NORTH 73008'54" EAST 72.42 FEET; THENCE NORTH 69014'09" EAST 65.14 FEET; THENCE NORTH 61011'58" EAST 47,93 FEET; THENCE NORTH 56044'10" EAST 80.38 FEET; THENCE NORTH 54018'17" EAST 82,75 FEET; THENCE NORTH 51034'19" EAST 552,31 FEET; THENCE NORTH 12032'03" EAST 52.12 FEET; THENCE NORTH 16041'34" WEST 780.99 FEET; THENCE NORTH 38040'18" WEST 48,27 FEET; THENCE NORTH 55058'45" WEST 175.13 FEET; THENCE NORTH 78014'12" WEST 46,21 FEET; THENCE SOUTH 86041'17" WEST 358,77 FEET; THENCE NORTH 43016'35" WEST 44.00 FEET; THENCE NORTH 01028'53" WEST 584,34 FEET; THENCE NORTH 88045'30" EAST 2,256,99 FEET; THENCE NORTH 11031'40" WEST 679,82 FEET; THENCE NORTH 29057'19" EAST 43,24 FEET; THENCE NORTH 80003'11" EAST 750.96 FEET; THENCE NORTH 82005'14" EAST 23.32 FEET; THENCE NORTH 08045'48" 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 36053'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23030'23" 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 39048'43" SUBTENDED BY A CHORD WHICH BEARS NORTH 22002'37" EAST 146,95 FEET; THENCE NORTH 02008'16" EAST 434,86 FEET; THENCE NORTH 38040'13" EAST 124,61 FEET; THENCE NORTH 23055'58" EAST 503,82 FEET; THENCE NORTH 89019'06" EAST 272,53 FEET; THENCE NORTH 81010'42" EAST 718,98 FEET; Ofllces strategically located to serve our clients 800,649.4336 Naple8/Corporate Office 3200 Bailey Lane. Suite 200. Naples, Florida 34105 · 239.649.4040. Fax 239.643.5116 ~';005- 127230 Ver: 03!- BSTOCKHAM wl/sonmlller. com 03786-000-000- - 0 WIIsonMIII8r.lne. - FL Lie.' LC-COOOl70 WilsOnMiller~ ,.. New Directions In Planning, Design & Engineering OR: 3802 PG: 2577 1 OD~ 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.1. LANDS (CONTINUED): THENCE NORTH 09056'39" EAST 638,73 FEET; THENCE NORTH 73036'58" EAST 172,46 FEET; THENCE NORTH 10053'22" 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 68007'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39"53'35" WEST 308.GO FEET; THENCE NORTH 73057'24" 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 54005'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 90000'00" WEST 301.71 FEET; THENCE SOUTH 62057'04" 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 83001'31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27009'30" WEST 142.15 FEET; THENCE SOUTH 14021'16" 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 115044'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29011 '23" WEST 286,03 FEET; THENCE SOUTH 87"03'24" WEST 81,50 FEET; THENCE SOUTH 19006'00" WEST 178.46 FEET; THENCE SOUTH 73034'35" WEST 263.81 FEET; THENCE SOUTH 33042'00" WEST 81.86 FEET; THENCE SOUTH 51052'05" 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 82054'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22050'28" WEST 200,58 FEET; THENCE SOUTH 18036'35" 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 66004'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48032'34" EAST 186,14 FEET; THENCE SOUTH 81034'34" EAST 177,10 FEET; THENCE SOUTH 14002'28" EAST 106,97 FEET; THENCE SOUTH 15053'24" WEST 33.42 FEET; THENCE SOUTH 72018'08" WEST 1325,01 FEET; THENCE NORTH 16022'40" WEST 868,64 FEET; THENCE NORTH 16002'21" WEST 1,001.63 FEET; THENCE NORTH 15043'23" WEST 808.63 FEET; THENCE NORTH 14029'42" WEST 215,30 FEET; THENCE NORTH 02051'21" WEST 51,77 FEET; THENCE NORTH 37"59'19" EAST 51.77 FEET; THENCE NORTH 58024'39" EAST 660.90 FEET; THENCE NORTH 56056'25" EAST 865.77 FEET; THENCE NORTH 62027'21" EAST 303,89 FEET; THENCE NORTH 58011'43" EAST 148.88 FEET; THENCE NORTH 66027'20" EAST 99,67 FEET; THENCE NORTH 79059'44" EAST 60,67 FEET; THENCE NORTH 18039'40" EAST 212.96 FEET; THENCE NORTH 13026'09" EAST 80.67 FEET; THENCE NORTH 04005'14" EAST 65.75 FEET; THENCE NORTH 00047'28" EAST 593,12 FEET; THENCE NORTH 05029'40" EAST 61,18 FEET; THENCE NORTH 20017'22" EAST 57.43 FEET; THENCE NORTH 51055'17" EAST 55,07 FEET; THENCE SOUTH 84048'27" EAST 51.76 FEET; THENCE SOUTH 67"53'53" EAST 40.46 FEET; THENCE SOUTH 53037'33" EAST 55.29 FEET; 2/2512005- 127230 Vec 03!- BSTOCKHAM CAll43 03786-000-000- - 0 2 OR: 3802 PG: 2578 WilsOnMiller@ ".. New Directions In Planning, Design & Engineering 1 000 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.1. LANDS (CONTINUED): THENCE SOUTH 55037'37" EAST 158,19 FEET; THENCE SOUTH 66028'32" EAST 79.22 FEET; THENCE SOUTH 81019'48" EAST 69.92 FEET; THENCE NORTH 80053'08" EAST 96,10 FEET; THENCE NORTH 83009'35" EAST 88.49 FEET; THENCE SOUTH nn58'08" EAST 57.96 FEET, THENCE SOUTH 45044'09" EAST 65.43 FEET; THENCE SOUTH 23012'23" EAST 107,03 FEET; THENCE SOUTH 31009'29" EAST 124,53 FEET; THENCE SOUTH 36028'03" EAST 195.13 FEET; THENCE SOUTH 41049'01" EAST 193.27 FEET; THENCE SOUTH 41027'57" EAST 187,53 FEET; THENCE SOUTH 50006'28" EAST 177,12 FEET; THENCE NORTH 86006'03" EAST 1 03,33 FEET; THENCE NORTH 82007'11" EAST 76.87 FEET; THENCE NORTH 58049'02" EAST 61,16 FEET; THENCE NORTH 41011'10" EAST 266,09 FEET; THENCE NORTH 43045'15" EAST 203,61 FEET; THENCE NORTH 63026'06" EAST 230,87 FEET; THENCE NORTH 55012'54" EAST 17.74 FEET; THENCE NORTH 06058'17" WEST 40.07 FEET; THENCE NORTH 60020'46" EAST 94,06 FEET; THENCE NORTH 14042'46" EAST 42,02 FEET; THENCE NORTH 52022'08" EAST 29.10 FEET; THENCE NORTH 05013'18" EAST 37,01 FEET; THENCE NORTH 07"13'16" WEST 185,10 FEET; THENCE NORTH 08055'50" WEST 66,36 FEET; THENCE NORTH 08035'26" WEST 70,11 FEET; THENCE NORTH 03030'28" EAST 24.24 FEET; THENCE NORTH 09022'28" EAST 32.62 FEET; THENCE NORTH 32003'11" EAST 61.35 FEET; THENCE NORTH 41059'52" EAST 54.16 FEET; THENCE NORTH 46038'59" EAST 44.15 FEET; THENCE NORTH 40019'34" EAST 80.40 FEET; THENCE NORTH 39030'46" EAST 42.43 FEET; THENCE NORTH 52007'39" EAST 71,16 FEET; THENCE NORTH 60017'11" EAST 55.95 FEET; THENCE NORTH 68043'34" EAST 63,02 FEET; THENCE NORTH 86012'19" EAST 41.51 FEET; THENCE SOUTH 75032'58" EAST 74,98 FEET; THENCE NORTH 78055'50" EAST 42.97 FEET; THENCE NORTH 69031'07" EAST 36.80 FEET; THENCE NORTH 75037'20" EAST 34.34 FEET; THENCE SOUTH 72008'39" EAST 57,43 FEET; THENCE SOUTH 56052'50" EAST 70,22 FEET; THENCE SOUTH 56052'18" EAST 99,31 FEET; THENCE SOUTH 70035'59" EAST 56.76 FEET; THENCE SOUTH 85012'15" EAST 70.23 FEET; THENCE NORTH 85047'37" EAST 52.90 FEET; THENCE NORTH 77016'18" EAST 51.33 FEET; THENCE NORTH 64020'23" EAST 9.49 FEET; THENCE NORTH 23058'25" EAST 60.47 FEET; THENCE NORTH 39027'42" EAST 136.06 FEET; THENCE NORTH 18012'03" EAST 123.70 FEET; THENCE NORTH 16026'30" WEST 137,54 FEET; THENCE NORTH 45055'34" WEST 133.51 FEET; 2125/2005- 127230 Ver: 03!- BSTOCKHAM CAll43 03786-000-000- . 0 3 OR: 3802 PG: 2579 WiISOnMille'~ ,... New Directions In Planning, Design & Engineering 10D~ DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16AND 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.1. LANDS (CONTINUED): THENCE NORTH 84043'21" WEST 101,26 FEET; THENCE SOUTH 87006'53" WEST 375,05 FEET; THENCE SOUTH 86031'55" WEST 296,36 FEET; THENCE NORTH 02029'11" WEST 25,06 FEET; THENCE SOUTH 85019'00" WEST 63,79 FEET; THENCE SOUTH 87"01'35" WEST 57.73 FEET, THENCE NORTH 85014'11" WEST 27.05 FEET; THENCE NORTH 86011 '09" WEST 22.51 FEET; THENCE NORTH 71001'47" WEST 25.34 FEET; THENCE NORTH 74057'44" WEST 25,97 FEET; THENCE NORTH 80042'24" WEST 41,73 FEET; THENCE NORTH 77000'19" WEST 49,95 FEET; THENCE NORTH 78026'56" WEST 104.70 FEET; THENCE NORTH 78045'16" WEST 195.82 FEET; THENCE NORTH 79021'51" WEST 81.14 FEET; THENCE NORTH 76030'15" WEST 38.50 FEET; THENCE NORTH 70033'36" WEST 13,50 FEET; THENCE NORTH 53058'21"WEST 10.18 FEET; THENCE NORTH 53058'22" WEST 1 0,18 FEET; THENCE NORTH 43009'08" WEST 16.42 FEET; THENCE NORTH 34052'31" WEST 30.12 FEET; THENCE NORTH 37008'48" WEST 31,00 FEET; THENCE NORTH 45000'00" WEST 37.06 FEET; THENCE NORTH 43028'45" WEST 29.92 FEET; THENCE NORTH 52029'45" WEST 40,59 FEET; THENCE NORTH 53028'16" WEST 25.16 FEET; THENCE NORTH 69051'49" WEST 23.93 FEET; THENCE NORTH 72053'50" WEST 40.74 FEET; THENCE NORTH 74038'02" WEST 101,72 FEET; THENCE NORTH 76025'14" WEST 79,73 FEET; THENCE NORTH 73050'34" WEST 83.41 FEET; THENCE NORTH 77016'32" WEST 71,39 FEET; THENCE NORTH 70044'15" WEST 32,62 FEET; THENCE NORTH 75044'50" WEST 240.26 FEET; THENCE SOUTH 76022'29" WEST 54.20 FEET; THENCE NORTH 75046'41" WEST 12,81 FEET; THENCE NORTH 78006'45" WEST 243,02 FEET; THENCE SOUTH 87032'28" WEST 438.43 FEET; THENCE SOUTH 86036'21" WEST 1,109.58 FEET; THENCE NORTH 77000'11" WEST 142.86 FEET; THENCE SOUTH 1 7"30'03" WEST 1 0.94 FEET; THENCE SOUTH 21030'05" EAST 36,63 FEET; THENCE SOUTH 30057'50" WEST 6,02 FEET; THENCE NORTH 73010'43" WEST 139,18 FEET; THENCE NORTH 11046'06" WEST 25.32 FEET; THENCE NORTH 05042'38" WEST 20.76 FEET; THENCE NORTH 04023'55" WEST 13.47 FEET; THENCE NORTH 50011'40" WEST 8.07 FEET; THENCE NORTH 83059'28" WEST 19,73 FEET; THENCE NORTH 84057'27" WEST 35.25 FEET; THENCE NORTH 83049'48" WEST 38.44 FEET; THENCE NORTH 80044'23" WEST 96.27 FEET; THENCE NORTH 79048'04" WEST 449.12 FEET; THENCE NORTH 77049'57" WEST 284,20 FEET; THENCE NORTH 83039'35" WEST 93.52 FEET; THENCE NORTH 87039'46" WEST 1 01,30 FEET; 2/2512005- 127230 Vor: 031- BSTOCKHAM CM43 03766-000-000- - 0 4 WilsDnMiller~ ,.. New Directions In Planning, Design & Engineering OR: 3802 PG: 2580 1 aD, 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.1. LANDS (CONTINUED): THENCE NORTH 84025'40" WEST 85,09 FEET; THENCE NORTH 7r28'16" WEST 95.22 FEET; THENCE NORTH 77023'4S" WEST 170,38 FEET; THENCE NORTH 7S057'SO" WEST 76.65 FEET; THENCE NORTH 69026'38" WEST 35.30 FEET; THENCE NORTH 69"46'31" WEST 41,82 FEET, THENCE NORTH 48048'SO" WEST 43,91 FEET; THENCE NORTH 46014'43" WEST 134.40 FEET; THENCE NORTH 43058'24" WEST 611,34 FEET; THENCE NORTH 45000'00" WEST 338.85 FEET; THENCE NORTH 44041'4S" WEST 412,62 FEET; THENCE NORTH 43026'06" WEST 267,38 FEET; THENCE NORTH 46027'29" WEST 200,89 FEET; THENCE NORTH 66002'14" EAST 12,72 FEET; THENCE NORTH 81052'12" EAST 18.83 FEET; THENCE NORTH 03020'4S" EAST 73,83 FEET; THENCE SOUTH 8s025'42" WEST 6.48 FEET; THENCE NORTH 90000'00" WEST 10.84 FEET; THENCE SOUTH 70027'48" WEST 16.99 FEET; THENCE SOUTH 56018'36" WEST 14,89 FEET; THENCE SOUTH 75057'49" WEST 17,03 FEET; THENCE SOUTH 8r16'2S" WEST 10,86 FEET; THENCE NORTH 59020'S8" WEST 16,21 FEET; THENCE NORTH 3s032'16" WEST 17,77 FEET; THENCE NORTH 26033'54" WEST 17.32 FEET; THENCE NORTH 16011'21" WEST 16.67 FEET; THENCE NORTH 01052'04" WEST 47,53 FEET; THENCE NORTH 0000S'16" WEST 336.69 FEET; THENCE NORTH 00029'38" WEST 299.52 FEET; THENCE NORTH 00056'29" WEST 220,01 FEET; THENCE NORTH 00052'19" EAST 237.57 FEET; THENCE NORTH 00046'52" WEST 113,62 FEET; THENCE NORTH 00000'00" EAST 13.43 FEET; THENCE NORTH 14002'10" EAST 8.52 FEET; THENCE NORTH 45000'00" EAST 5,84 FEET; THENCE NORTH 71033'54" EAST 9,80 FEET; THENCE NORTH 82024'19" EAST 15.63 FEET; THENCE SOUTH 89012'02" EAST 222.07 FEET; THENCE SOUTH 86036'31" EAST 69.83 FEET; THENCE SOUTH 82038'52" EAST 32,28 FEET; THENCE SOUTH 70049'16" EAST 25.15 FEET; THENCE SOUTH 60038'32" EAST 18.96 FEET; THENCE SOUTH 62044'41" EAST 38,34 FEET; THENCE SOUTH 73008'30" EAST 35,61 FEET; THENCE SOUTH 87042'34" EAST 2S,84 FEET; THENCE NORTH 86018'31" EAST 32.08 FEET; THENCE NORTH 74058'54" EAST 43,84 FEET; THENCE NORTH 66016'18" EAST 51.33 FEET; THENCE NORTH 56001'25" EAST 57.29 FEET; THENCE NORTH 52034'43" EAST 171,66 FEET; THENCE NORTH 43053'54" EAST 75,96 FEET; THENCE NORTH 36037'17" EAST 47,61 FEET; THENCE NORTH 35048'12" EAST 77,68 FEET; THENCE NORTH 30021'29" EAST 83.78 FEET; THENCE NORTH 22037'12" EAST 67,13 FEET; THENCE NORTH 13036'02" EAST 32.94 FEET; 2/2512005- 127230 Ver: 03!- BSTOCKHAM """" 03788-000-000- - 0 5 OR: 3802 PG: 2581 WilsOnMiller. ,... New Directions In Planning, Design & Engineering lODe 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.1. LANDS (CONTINUED): THENCE NORTH 14028'13" EAST 66.13 FEET; THENCE NORTH 10057'15" EAST 65,22 FEET; THENCE NORTH 11018'36" EAST 21,06 FEET; THENCE NORTH 16041'58" EAST 10,78 FEET; THENCE NORTH 45000'00" EAST 10,22 FEET; THENCE NORTH 58"23'33" EAST 15,78 FEET, THENCE NORTH 64039'14" EAST 21,71 FEET; THENCE NORTH 67"47'47" EAST 163.98 FEET; THENCE NORTH 64059'39" EAST 161.25 FEET; THENCE NORTH 66022'14" EAST 18,04 FEET; THENCE NORTH 72053'50" EAST 28.10 FEET; THENCE NORTH 90000'00" EAST 14.46 FEET; THENCE NORTH 88018'55" EAST 35,13 FEET; THENCE SOUTH 88036'10" EAST 42.36 FEET; THENCE NORTH 90000'00" EAST 28,92 FEET; THENCE SOUTH 82045'47" EAST 16.40 FEET; THENCE SOUTH 61055'39" EAST 17.73 FEET; THENCE NORTH 69034'35" EAST 118,02 FEET; THENCE NORTH 81056'55" EAST 17,06 FEET; THENCE NORTH 86043'15" EAST 124,39 FEET; THENCE NORTH 13046'19" WEST 328,58 FEET; THENCE NORTH 70048'07" EAST 76.21 FEET; THENCE NORTH 54029'06" EAST 37,97 FEET; THENCE NORTH 21053'45" WEST 54.48 FEET; THENCE NORTH 70047'14" EAST 77.55 FEET; THENCE NORTH 71002'31" EAST 35.61 FEET; THENCE NORTH 72016'21" EAST 131,70 FEET; THENCE NORTH 72004'43" EAST 126,98 FEET; THENCE NORTH 73013'18" EAST 106.86 FEET; THENCE NORTH 71011'17" EAST 74,14 FEET; THENCE NORTH 68033'08" EAST 30.93 FEET; THENCE NORTH 71033'54" EAST 17,88 FEET; THENCE NORTH 81015'14" EAST 13.52 FEET; THENCE SOUTH 83005'20" EAST 17,09 FEET; THENCE SOUTH 47"43'35" EAST 15.29 FEET; THENCE SOUTH 37020'58" EAST 24.58 FEET; THENCE SOUTH 16038'20" EAST 46,68 FEET; THENCE SOUTH 24010'17" EAST 35.78 FEET; THENCE SOUTH 21052'45" EAST 70,36 FEET; THENCE SOUTH 34033'45" EAST 28,09 FEET; THENCE SOUTH 47026'12" EAST 34,20 FEET; THENCE SOUTH 52025'53" EAST 8.43 FEET; THENCE SOUTH 71033'54" EAST 9.75 FEET; THENCE SOUTH 85001'49" EAST 11,87 FEET; THENCE SOUTH 87008'15" EAST 20,59 FEET; THENCE SOUTH 88025'50" EAST 37,54 FEET; THENCE NORTH 87"33'48" EAST 48,37 FEET; THENCE SOUTH 89035'00" EAST 141,38 FEET; THENCE NORTH 89006'34" EAST 99,23 FEET; THENCE NORTH 84031'51" EAST 48.55 FEET; THENCE NORTH 82020'00" EAST 26.97 FEET; THENCE NORTH 79046'40" EAST 31.87 FEET; THENCE NORTH 76027'51" EAST 28.56 FEET; THENCE NORTH 70023'45" EAST 39,84 FEET; THENCE NORTH 70048'11" EAST 134.46 FEET; THENCE NORTH 70037'19" EAST 79.02 FEET; 2/251200&- 127230 Ve~ 03!- BSTOCKHAM C.....3 037B6-000-000- - 0 6 OR: 3802 PG: 2582 lODd) DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16AND 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.1. LANDS (CONTINUED): WilSOnMiller~ ". New Directions In Planning, Design & Engineering THENCE NORTH 66032'28" EAST 29,70 FEET; THENCE NORTH 57049'44" EAST 37.66 FEET; THENCE NORTH 53021'57" EAST 74,96 FEET; THENCE NORTH 54024'59" EAST 148,87 FEET; THENCE NORTH 50050'35" EAST 203.54 FEET; THENCE NORTH 48043'53" EAST 33,52 FEET, THENCE NORTH 32023'52" 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 70024'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06025'03" WEST 314.18 FEET; THENCE NORTH 41037'27" 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 18026'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 50050'52" WEST 183.80 FEET; THENCE NORTH 60004'16" 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 84041'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 1r43'30" WEST 40.41 FEET; THENCE NORTH 24037'19" EAST 671,69 FEET; THENCE NORTH 23058'37" EAST 211,35 FEET; THENCE NORTH 27045'05" EAST 100,63 FEET; THENCE NORTH 34051'48" EAST 129.90 FEET; THENCE NORTH 36014'23" EAST 119,58 FEET; THENCE NORTH 39015'14" EAST 61,92 FEET; THENCE NORTH 30037'48" EAST 96,80 FEET; THENCE NORTH 31009'42" EAST 136.09 FEET; THENCE NORTH 31057'25" EAST 103.02 FEET; THENCE NORTH 32039'03" EAST 134.08 FEET; THENCE NORTH 28032'24" EAST 53.34 FEET; THENCE NORTH 31015'49" EAST 35.90 FEET; THENCE NORTH 36052'12" EAST 24,66 FEET; THENCE NORTH 53049'13" EAST 22,74 FEET; THENCE NORTH 59030'01" EAST 46.43 FEET; THENCE NORTH 58016'35" EAST 70,87 FEET; THENCE NORTH 46049'06" EAST 48,85 FEET; THENCE NORTH 34036'20" EAST 66.58 FEET; THENCE NORTH 36023'58" EAST 266.89 FEET; THENCE NORTH 35028'00" EAST 51.47 FEET; THENCE NORTH 24013'40" EAST 48,08 FEET; THENCE NORTH 20029'50" EAST 62,60 FEET; THENCE NORTH 1 7"32'36" EAST 44.54 FEET; THENCE NORTH 11002'07" EAST 134.56 FEET; THENCE NORTH 09020'41" EAST 65,81 FEET; THENCE NORTH 08049'13" EAST 32,16 FEET; THENCE NORTH 02007'16" WEST 14,81 FEET; THENCE NORTH 19058'59" WEST 12.83 FEET; THENCE NORTH 29055'53" WEST 20.87 FEET; THENCE NORTH 45000'00" WEST 56,96 FEET; THENCE NORTH 48051'56" WEST 57.48 FEET; THENCE NORTH 42038'48" WEST 28.31 FEET; THENCE NORTH 38047'48" WEST 35.86 FEET; THENCE NORTH 43025'04" WEST 39,03 FEET; THENCE NORTH 36022'11" EAST 30,93 FEET; THENCE NORTH 23054'19" EAST 139.67 FEET; THENCE SOUTH 66053'26" EAST 241.46 FEET; THENCE SOUTH 64045'28" EAST 263.29 FEET; 2/2512005- 127230 Ver: 03!- BSTOCKHAM c......, 03786-000-000- - 0 7 OR: 3802 PG: 2583 WilsDnMiller~ " New Directions In Planning, Design & Engineering 10D~ 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.1. LANDS (CONTINUED): THENCE SOUTH 71018'47" EAST 57.07 FEET; THENCE SOUTH 85007'33" EAST 50.51 FEET; THENCE NORTH 81005'07" EAST 75,18 FEET; THENCE NORTH 81043'21" EAST 63,88 FEET; THENCE NORTH 84057'08" EAST 36,24 FEET; THENCE SOUTH 86"25'39" EAST 63.61 FEET; THENCE SOUTH 81031'21" EAST 262,28 FEET; THENCE SOUTH 88008'03" EAST 273.99 FEET; THENCE NORTH 80058'13" EAST 327.79 FEET; THENCE NORTH 67"50'56" EAST 252.22 FEET; THENCE NORTH 81002'01" EAST 819.65 FEET; THENCE NORTH 81042'41" EAST 310.84 FEET; THENCE SOUTH 65034'43" EAST 80,72 FEET; THENCE NORTH 89059'47" EAST 219.16 FEET; THENCE NORTH 82042'28" EAST 41.19 FEET; THENCE NORTH 58002'38" EAST 138.72 FEET; THENCE NORTH 41009'18" EAST 91.38 FEET; THENCE NORTH 73057'36" EAST 83.05 FEET; THENCE NORTH 84051'58" EAST 305.34 FEET; THENCE NORTH 86038'43" EAST 343.90 FEET; THENCE NORTH 87"28'42" EAST 503.72 FEET; THENCE NORTH 88046'01" EAST 328.07 FEET; THENCE NORTH 37"30'20" EAST 357.69 FEET; THENCE NORTH 15032'08" EAST 149.51 FEET; THENCE NORTH 86055'36" EAST 261.44 FEET; THENCE NORTH 72053'31" EAST 576.59 FEET; THENCE NORTH 50045'14" EAST 202.55 FEET; THENCE NORTH 87014'14" EAST 314.60 FEET; THENCE SOUTH 76038'32" EAST 143.08 FEET; THENCE NORTH 89049'43" EAST 1,054.71 FEET; THENCE SOUTH 75020'32" EAST 42.85 FEET; THENCE SOUTH 41043'41" EAST 38,04 FEET; THENCE SOUTH 59044'48" EAST 101.86 FEET; THENCE SOUTH 82056'38" EAST 71,89 FEET; THENCE NORTH 76031'27" EAST 68,87 FEET; THENCE NORTH 60032'45" EAST 175.39 FEET; THENCE NORTH 78018'10" EAST 41.23 FEET; THENCE NORTH 89028'30" EAST 480.22 FEET; THENCE NORTH 82052'57" EAST 82.50 FEET; THENCE NORTH 59026'48" EAST 47,53 FEET; THENCE NORTH 77036'27" EAST 12,36 FEET; THENCE SOUTH 70055'29" EAST 16.45 FEET; THENCE SOUTH 47"41'12" EAST 748.88 FEET; THENCE SOUTH 34006'49" EAST 46.63 FEET; THENCE SOUTH 14016'24" EAST 615.15 FEET; THENCE NORTH 85059'44" EAST 160.53 FEET; THENCE NORTH 47"06'44" EAST 110.60 FEET; THENCE NORTH 29011 '18" EAST 460.96 FEET; THENCE NORTH 13056'57" EAST 209.85 FEET; THENCE NORTH 76019'41" EAST 160.84 FEET; THENCE NORTH 61043'54" EAST 107.89 FEET; THENCE NORTH 18058'36" EAST 69.73 FEET; THENCE NORTH 01036'49" WEST 341.03 FEET; THENCE NORTH 89006'53" 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 00014'32" EAST 45,99 FEET; 212512lXJ5. 127230 Ver: 03!. BSTOCKHAM CAM43 03786-QOO.QOO. . 0 8 OR: 3802 PG: 2584 WilsOnMiller" ,.. New Directions In Planning, Design & Engineering 100l 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.1. LANDS (CONTINUED): THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 05051'27" 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 01026'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05004'45" WEST 95.78 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 26031'54" 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 00014'33" EAST 1,537.82 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 00022'10" EAST 2,347.87 FEET; THENCE LEAVING SAID LINE NORTH 89029'01" 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 00022'10" EAST 200,00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 89029'01" 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 00022'10" EAST 62.31 FEET; 2. SOUTH 00030'10" EAST 2,674.23 FEET; 3, SOUTH 00035'31" EAST 2,684,53 FEET; 4. SOUTH 00038'11" EAST 2,610.24 FEET; 5. SOUTH 00030'34" 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 04018'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02039'36" EAST 227.63 FEET; 7. SOUTH 04048'38" EAST 400.93 FEET; 8. SOUTH 05008'04" EAST 83.53 FEET; 9. SOUTH 00029'16" EAST 1672.20 FEET; THENCE LEAVING SAID LINE SOUTH 89004'49" WEST 604.79 FEET; THENCE NORTH 47"03'54" WEST 98,67 FEET; THENCE SOUTH 52055'08" WEST 87.29 FEET; THENCE SOUTH 06039'26" WEST 102.55 FEET; THENCE SOUTH 71024'17" WEST 367,36 FEET; THENCE NORTH 19054'41" WEST 104.73 FEET; THENCE NORTH 43005'38" WEST 251.09 FEET; THENCE NORTH 11004'29" EAST 79.58 FEET; THENCE NORTH 05051'31" WEST 66.56 FEET; THENCE NORTH 48052'26" WEST 332.24 FEET; THENCE NORTH 74056'35" WEST 80.29 FEET; THENCE SOUTH 74058'06" WEST 235.65 FEET; THENCE SOUTH 51040'42" WEST 93.09 FEET; THENCE SOUTH 21053'05" WEST 241.50 FEET; THENCE SOUTH 77021'09" WEST 341.17 FEET; THENCE SOUTH 60048'05" WEST 79.49 FEET; THENCE NORTH 88009'54" WEST 265,68 FEET; THENCE SOUTH 89036'53" 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 03008'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02011'35" EAST 77.47 FEET; THENCE SOUTH 00038'28" EAST 84.34 FEET; THENCE NORTH 90000'00" WEST 71.80 FEET; THENCE SOUTH 00038'46" 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 04043'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01044'02" WEST 223.98 FEET; THENCE SOUTH 04005'59" WEST 217.57 FEET; 212512005- 127230 Ver: 03!- BSTOCKHAM """"3 037B6-~ - 0 9 WilsOnMiller~ ,.. New Directions In Planning, Design & Engineering OR: 3802 PG: 2585 lODch 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.1. 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 03051'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02010'28" WEST 153.37 FEET; THENCE SOUTH 06034'56" 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 88054'34" 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 68054'34' , ,S,M, LS#5627 CERTIFICATE OF, AUTHORIZATION #LB-43 REF: 4H-125. SHEETS 1-5 DATE: AUGUST 29, 2003 , REVrSIONS: 1, OCTOBER 16; 2003 2. MARCH 3, 2004 ' 3~ SEPTEMBEt:{'30, 2004 '4, FF.:BRUARY 4,2005 5. FEBRUARY 24, 2005 2/25/2005- 127230 Ve<: 03!- BSTOCKHAM """'3 037B6-000-000- - 0 10 CL O,R aOOK 27.3J PAGE il51 25 ~ ~ M ~ ~ . o u ~ ~ M ~ ~ ~ ~ o u P,~lo':- L.S.15627 CATE' NOT VALID Ij/,:LES"> SICNED BY Ttie SUR...t:....OR AND SEALED WITh T1:E: ~l,~E....OR'5 EI..j30SSEO SEAL CERTIfiCATE Of AUTHCHllATlON I La-.o GENERAL NOTiS: \. ALL DIMENSIONS A.AE IN fEET AND DECIMALS THER(Qf, UNLESS OTHERWISE NOT(O 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGiNAl RAISED SEAL Of A fLORIDA LICENSED SuRv[YQR AND MAPPER 3. av.RINGS "-RE BASED ON THE SOUTH LINE Of SECTION 16. TOWNSHIP 48 SOUTH, RANGE 29 EAST, COlliER COUNry, FLORIDA BEING SOUTH e6'54'J4~ wEST 4. CERTifiCATE Of AUTHOR1ZATlON IL8~43 5. CONTAINING 5,026.9J ACRES t.lORE OR lESS 6. SUBJECT TO EASEM(NTS, RESTRICTIONS AND RESERVATIONS Of RECORD 7. THIS SKETCH t.lAY HAilE BEEN REDUCED 8 ABBREVIATIONS a.R, - OffiCIAl REeOHO BOOK C,t. . COlliER ENTERPRISES, LTC B.C,I. . B"-RRDN COLLIER INI/ESThtENTS LTC B,C.P, . BARRON COlliER PARTNERSHIP R O.W . RIGHT Of WAY P.D.C. - POINT Of COMMENCEMENT P,DB, . POINT Of BEGINNING C.D.C. .. COlLIER DEVELOPMENT CORPORATION DR.I. .. DEVELOPMENT Of REGIONAL IhtPACT ~ .. PARCEL DESCRIBED Fob 24,2005 - 11:02;~6 ClANOIX:\SUR\OJ786\4H125S'-cl~'il _. ......'..... ...--. ~.......'----""""""" _.... l.-_-=:~~~~:::"~':::''!'::'__ lMMOI<ALEE ROAD 100' RIGHT-OF-WAY . " --6' .tJ. I'U 0,_ aclOllllUl'1IOU HHHPM 100 B.C.P. O.R. BOOK 2009 PACE 1 ~J'iI - 1545 30 B.C.P, O.R. 800K 2009 PACE '5~9~ ,545 28 ..c.~ I'lII 0.. IOOlt l"U 1'1,(;(1 21"-11" 29 a,cP PER O.R. aOOK 290) PAGE 2751 B.C,I, PER O.R. BOOK 2493 PACES 2119-2796 B.C.1. PER C.R. BOOK 2493 P,\GfS 2779..2796 a.c.1 C.R aool< 2545 PACE 596 B.C.P, O.R. 600K 2009 PACf.S 1~"6-155J 16 e.c.p. O_R. 800 PACE 1546 OIL WELL. ROAD 100' RIGHT -Of '/fA'( ~ /Ill I ~~~ J.. CONTAINS - 5026.93 ACRES MORE OR LESS ... NOT A SURVEY ... ...SEE AlTACHED FOR DESCRIPTION ... EXHIBIT "A" REVISIONS 1. 10~15-03 BES 2, RE....ISED BOUNDARY, 3-3-04, BES 3 REVISED BOUNDARy. 2-4-05, CPRL./1857 4 REviSED 60UNDARY, 2-24-0~. GPRl!1657 TIT\.[, 01 OJ , . \IICINITY SKETCH - O.R.I. LIoNOS SKETCH OF DESCRIPTION PART OF SECTIONS 4-11 "NO 1ft-II rOWHStlIP 4& SOUTH. RAHGE 29 EAST. AND 5ECTIONS jl-JJ , TOWNSHIP H sourti. AANGE: 211 EAST. CO~~It:~ COI.JNN, ~LORIO'" T~ Hi . w ~ ~ i ~i&' [B$I:;'~Son~~ds~~~d 2~O:"(~~:) 649-4040 Napl... Florida 34105 FOR SICNATURE: AND SfAL. SfE SHEET 1 Of 5 NOT VALID UNLESS SIGNED BY' THE SURvEYOR AND SEALED WITH THE SuRVEYOR'S EMBOSSED SEAL CERTIFICATE Of AuTHORIZATION , La-of3 REYISIONS; I 10-15-0J. BES 2. REVISED aOUNDARY. 3-J-04, BES 3 REVISED 6OUNOARY, 2-4-05, GPRl/185J ... REVISED BOUNDARY, 2-24-05, GPRL/1857 hb 24, 2005 - 11:17:06 CLANDIX:\SUR\01786\4H125S2,d....g -" ....-, 'N'lJOIlVQIlrWrCHIU --- "_n I'l(LO lOOk jII.IQ(, ...............................~_...--.~ -... l-._-=:~~--==~.:=.~.=.__ OR: 3802 PG: 2587][](Jl[fO HE[ a -l,1 \~II\~ \1 ; I ~ j a.c.F'. C.R. BOOK 2009 PACES 1546-\~5J 16 ~\ !I ~! ~ ~ . LINE Ji CURVE TABLE CuM LENGTH fW)lUS OHU. 'i. P.O.8 SOUTH LINE Of SECTION III BASIS Of 8lARlHG SOUTH lUJ'~4'J4. WEST OIL WELL RQ,l,{) 100' RIGHT OF WM GENERAL NOTES: l. ALL DIMENSIONS ARE IN fEET AND DECIMALS THEREOf, UNLESS OTtiERWIS( NOTED. 2 NOT VAllO WlTliQUT THE SIGNATURE AND THE ;ORIGIN"l R.4JSm SEAL OF " FLORIDA LICENSED SURVEYOR AND WPPER 3. BEARINGS ARE BASED ON THE SOUTH LINE Of SECTION 16, TOWNSHIP 409 SOUTH, RANGE 29 EAST, COlliER COUNTY, FLORIDA BEING SOUTH B8.~4'34~ WEST 4. CERTlflCATE Of AuTHORIZAIION IlB-4j 5. CONTAlNtNG 5,026.9..3 ACRES MORE OR lESS 6. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERV"TlONS OF ~ ~EC~~S SKETCH MAY HAVE SEEN REDUCED 6 ABBREVIATIONS' OR, .. OFFICIAl REC0RD BOOK C.E. .. COLLIER ENTERPRISES, lJO B C,1. .. BARRON COlliER INVESTMENTS LIO Be P. .. BARRON COlliER PARTNERSHIP R,O.w .. RIGHT Of WIo." P,D.C. .. POINT Of COMMENCEMENT P,Q.B, .. POINT OF BEGINNING C.O C. .. COLliER DEVELOPMENT CORPORATiON D.R.1. .. DEVELOPMENT Of REGIONAl iMP.....CT I2?ZI .. PIo.RCEl DESCRiBED CONTAINS - 5026.93 ACRES MORE OR LESS ... NOT A SURVEY ... ...SEE AlTACHED FOR DESCRIPTION ... EXHIBIT "A" --.. "'. """ DETAIL SHEET - DRI LAHDS Sl<ETCH OF DESCRIPTION LTM .. 7 OJ PAAI or SECTIO~S 4-(1 MO a-I' fOWhSHiP' HI SO\.ITH, o .. .cw..C( 1(1 E.i.ST, AoHO $[CTiON$ Jl-JJ , TOllNSI1lf' 47 SOur-" fl,o,Ncr U lAST, COLUUI COU/IoT"Y, rl-ORIQA. IC...OIl.1QOI( 241J'ACt: 2111- UN lei'. O.~ -- ,.<<< U.lI 12 t.CI.O.. IOOll t4U IWlll1'. w w I I CXJ(J) NN I I Ct::Ct:: ,e.l ~~~ Ud, RI<,l. E'\f~inurs a"d La"d S...r...erorll 3200 8oill)' Lane. Suite 200, (2J9) 649-4040 Noplu. floriaa 34105 FOR SIGNATURE AND SEAL, SEE SHEET I OF 5 NOT .....ALIO UNLESS SiGNED BY THE SURVEYOR '-'NO iii SEALE:O WiTH THE SURVEYOR'S EMBOSSED S(.I,l CERTifICATE Of AUTHORIZATION' lB-4J GENERAL NOTES: 1. All DIMENSIONS ARE IN fEET AND DECIMALS THERE:Of, UNLESS OTHERwISE NOTED 2, NOT VAllO WITHOUT THE SIGNATuRE AND THE ORICINAL RAISm SEAL OF A fLORIOA UCENSEQ SURVEYOR AND MAPPER 3. aEARINGS ARE BASED ON THE SOUTH LINE Of SECTION 16. TOWNSHIP 4S SOL-TH. RANCE 2i EAST. COLLIER COUNTY, fLORIDA BEING SOUTH 8"'54'}4~ WEST 4, CERTIFICATE Of AUTHORiZATION IlB-4J 5, CONTAlNINe 5,026.!U ...eRrS MORE OR lESS 6. SUBJECT TO EASEhlENTS, RESTRICTIONS AND RESERvAfIONS OF RECORD 7. THIS SKETCH WOY HA....E BEEN REDuCED, 8. A8BRE\lIATlQNS: a.R. .. OffiCIAl RECORD BOOK CL '"' COwER ENTERPRISES. LTD B.C.I. .. BARRON COLLIER INvESTMENTS LTD B.C.P. .. BARRON COLLIER PAfUNERSl1lP R.O.W - RIGHT OF WAY P.O.C. '"' POINT OF COMMENCEMENT p_o.e. _ POINT OF BECINNING C.O.C. .. COlliER DEVELOPMENT CORPORATION C.A.!. _ DEVELOPMENT OF REGIONAL IIdP"'T ~ .. PARCEL OESCRIBED .....................-.-..-..-.---- -... _..~_'*f:.tl.-=--=-_==-'*"="_=_~.:::.__ 6 ", '" 18 ", ", ., CuRVE l{N IH us , CURVE TABLE O(LTA , ,. 41.4' I It. l' I , ., REvISIONS OR: 3802 PG: 2588 10D~ 5 ,:;." C"" c;,) ~I D. D' ~ /IIll I "'....... -- CONTAINS - 5026.93 ACRES MORE OR LESS ~ ... NOT A SURVEY ... ...SEE ATTACHED FOR DESCRIPTION ... EXHIBIT ' A" AVE MARIA IO-lei-OJ,8ES REvISED BOUNDARY, 3-}-04, BES REvISED BOuNDARY, 2-4-05, GPRL/IB57 RID uN AAY - 4- 5 PR 1857 -... .. "" T11l[, DETAIL SHEET - DRt LANDS SKETCH OF DESCRlP110N hRT Of SfCTlONlS 4-11 NotO 16-1' fOWN$hI' 48 saUlt!, RANCE 2~ EAST, ","0 SECTIONS Jl-JJ . fOWH$HiP 41 5O<Jhl RANCE 211 [All, COlllUt CoutdY, rt.O'IlOA . tTl.I U ..CJ.ruo...._ UUNlGUlln-Utl 36 ww I I corn NN I I Cl:: Cl:: 589 100 lJIlIU H6TI'IROVCH h~ lilQl,l[ld......~l lIe,p, 0.., 8001I ~oo. pAO( 1~4'- "" u!<H.lU I"'OU~" lJl 5o:QtJ[IITLIll-~l 31 ClmYE L[NCTk , . I 1.. 11 H. t5H'IkIIOlJG;;~)\S€llI.!t:Hl"""~l """ '" n,,, '" "1M'....." LHlIl2J7 < . 1 wlw I I I co,rn NfN I I Cl:: I I I 'C",OIt,1olX* hlU P#oCl( 1711- 21.. R.9. [O'il;naDfI ang land Sur~lIyors J200 Bail.y Laoa. Suit. 200. (2.}9) 649-4040 Napln, fIO(;<:IO 1.. t05 fOR SICNA.TURE ANO SEAL, SEE SHEET I Of ~. NOT VAllO UNLESS SIGNW BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED S[./l,L CERTlflCA.TE Of AufHDRIZ"'T!QN , LB-4J REVISIONS: I 10-15-03, SES 2 REVISED BOUNDARY. J-3-04, BES 3. REvlSEO BOUNDAfh', 2-4-05. GPRL/1657 . REVISEO BOUNDARY, 2-24-05. GPRL/IS57 F.b H. 2005 - _.....-.......... .......... "--_.----- -... '---=.-=--:;.;.-=---==-~.:=.~-=-- GENERAl NOTES: 1. AlL DIMENSIONS ARE IN FEET AND OEClhol....LS THEREOF, UNLESS OTHERWISE NOTED 2. NOT VAliD WITHOUT THE SIGNATURE AND THE ORIGlNAL RJoJSED SEAL OF A fLORlDA LICENSED SuRVEYOR AND M",PPER. J. BEAAINGS ARE BASED ON THE SOUTH LINE OF SECTION 16, TOWNSHIP <4$ SOUTH, RANCE 2Q' EAST, COlliER COUNTY, FLORIDA BEING SOUTH 88'54'34~ WEST 4. CERTIfiCATE Of AUTHORIZATION 'L6-43 5. CONTAlNlNG 5,D26,9J ACAES MORE OR LESS 6. SUBJECT TO EASEMENTS, RESTRICTIONS ~O AESERVATIONS Of RECORD 7. THIS SKETCH MAY HAVE BEEN REDUCED B. ABBREVIATIONS: a.R. .. OffiCiAL RECORD BOOK C,E, .. COLLIER ENTERPRISES. LTD B.C,I, .. BARRON COLLIER INVESTMENTS L TO B.C.P, .. BAARON COLLIER PARTNERSHIP R.O.W .. RIGHT Of WAY P.O,c. .. POINT Of COMMENCEMENT P,Q.S. .. POINT Of BEGINNING C.O,C, .. COWEA DEVELOPMENT CORPORATION a.R,I, .. DEVE10PMfNT Of REGIONAl IMPACT E:J .. PARCH DESCRIBED ~ "'" I ,~----J. CONTAINS - 5026.93 ACRES MORE OR LESS ... NOT A SURVEY ... ...SEE ATTACHED FOR DESCRIPTION ... EXHIBIT . A" MlIilJ,IDII'.1Ill TIT", DETAIL SHEET - DRI LoINDS Sl(aCH OF DESCRIPTlON Lll.l U OJ PAIlI Of SECTIONS ~-. AND 16-16 TOWNSHIP .e SOUTH. K li D2 . ::~~: ~:;: ~u~;C~~~~~.I~~~AIO:OWNSHlP 0 SOUTH ,.- 4H~ 12~ Ie. P[~ O~ lOOt< HlIJ ""'1$ 2111-2711 29 ltCI', "Eft 011 IOlJ>\ JIKl) 1'''''1 21~1 OR: 3802 PG: 2590 28 ,1 ,0 0 1/ II Ii II il II !I ~ . ~ , ~ \> ~ ~ ! ~iZo fB~j;~;~~~fl~~1l 5~~;Q 260~V(~3~) tWl- 4040 Noplu. Flo(jdo j4105 ~ ~ I ~6~ GENERAl NOTES: 1 All OIl.lEN$IONS ARE IN FEET AND DECIMALS TH[R€Of, UNLESS OTHERWISE NOTED. 2. NOT VAliD WITHOUT THE SIGNATURE AND THE ORtGINAl RAISED SEAL Of A FLORIDA LICENSED SUfN(YOR ~D MAPPER. ). BEARINGS ARE BASCO ON THE SOUTH lINE Of 5[C1101>1 16, TOWNSHiP +8 SOUTH, RANGE 29 (AST, COLUER COUNTY, flORIDA BEING SOUTH 88'5+'34" WEST 4. CERTifiCATE OF AUTHORIZATION IlB-.O ~. CONTAINING ~,02l!U~j ACRES MORE OR lESS. 6, SUBJECT TO EASEh.lENTS, RESTRICTIONS "-NO RESER\lAflON5 Of RECORD 7. THIS SKETCH YAY HAvE BEEN REOUCED 8. A8BRE\lIATION5: Q,R. .. QFflCIAi.. RECORD BOOK CE - COlliER ENTERPRISES. LID BC I. - BARRON COLLIER IN\lESTMENTS LID B.CP .. BARRON COLUfR PARTNERSI;IP RQ W - RIGHT Of WAY P,O C. .. POINT OF COMM[NC[M[Nl P,DS. .. POINT OF BEGINNING C D,C. - COLLIER mVElOP"'(NT CORPORATION D.RI. ... O(VELOPM[fif Of REGIONAL IMPACT t::::J ~ PAkC(l O(SCRIBEO FOR SIGNATURE AND ;jEAL, SEE SnEET I Of 5 NOT VAUO UNLESS SIGNED B't fHE SURVEYOR AND SEALED WITH lHE SURvEYOWS EMBOSSED SEAl CERTIFICATE Of AUTHORIZATION I lB~~3 ~ CONTAINS - f.b 24, 2005 ~ 11:12:01 CLANDIK;\SUR\OJJ86\4HI2555,dwg 10-1:'-03, BES REI/ISm BOUNOARY, )-)-04, BES REI/IS ED aOUNOAAY, 2-4-05, GPRL/1657 RE'v'ISEQ BOUNDARY, 2-24-05. GPRL/H557 Ok"'" ~ ... ntl.[, DETAIL SHaT - ORI lAHOS SkETCH Dr DESCRIPTION uw 136 07 J PAAT Of S(CTI(lH$ 4-'i NtO 16-111 TOWNSHIf> ~II SOOTH, (S U! 0 04 RANGE 19 EAU. ~o SE:CTlUH$ 31 ~'}l . TOWNSHIP ., !.OUT!-l. iIWoIGE 211 ["'ST. COlLI(Ji1 COUNTY. FLQRIO'" ...SEE 5026.93 ACRES MORE OR LESS ... NOT A SURVEY ... ATTACHED FOR DESCRIPTION ... EXHIBIT . A' REI/ISIONS: I ~:. *** OR: 3802 PG: 2591 *** Ave Maria Development Contribution Agreement DATE PERMIT # CREDIT AMT BALANCE COMMENTS Beqinninq Balance $6,000,000.00 Available eY~'I~J "~ II lOD~ 100~ Co*r Cou.nty -. - - - - - From the desk of Linda Jackson Monday, May 02, 2005 '- To: Trish Morgan, Minutes and Records Bonnie Baer, Finance RE: Contract Amendment No.1, Contract 03-3537, "Tourism Development Council Marketing Services" The attached contract Amendment was approved by the Board of County Commissioners on Tuesday, April 26t\ Agenda Item l6,D-t-" EXHIBIT A-I Contract Amendment # 1 Contract No. 03-3537 "Tourism Development Council Marketing Services" This amendment, date /J_ ." a , 2005 to the referenced agreement shall be by and between the parties to the original Agreem~ Advertising and Marketing, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). 1004 Statement of Understanding RE: Contract # 03-3537 "Tourism Development Council Marketing Services" As provided in Section 4 of the above referenced contract, this Amendment adds additional services to the Contract to include the development of a strategic public relations program for the Collier County Museums and the Naples Depot, as per the Scope of Services attached in Exhibit A-lA, hereto attached and made an integral part of this Amendment. The Contractor agrees that this amends the original Contract, and that the Contractor agrees to complete said services in the amount of twenty thousand, two hundred dollars ($20,200), All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below, CONSULTANT f/h' '. ~ ' ... .d(~ , ~/.-z- Paradise Advertising an Marketing, Inc, By: UA.v;cl fiIl'D, {v'ltlj5;t) Dated: f4 f ('I I 2 0, :J.C:'C 5 By: Title: Dated: c~<~ =~ifi ' ; CORPORATE SEAL Approved as to form and Legal s ie OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Robert N, Zac ry Assistant County Attorney By: ~c'1e;1 ~ Director of Purchasing and General Services C N 03 3537 '~Ton~actDAmlendmenct # 1 '1 M k' S . " 1 0 0 4 ontract o. - , ounsm eve opment ounCl ar etmg erVlces Exhibit A-IA Scope of Services Paradise Advertising and Marketing, Inc, will create and manage a public relations program for the Collier County Museums, including the Naples Depot Museum, supporting the organization's overall branding and marketing efforts in order to increase awareness and attendance, This proposal covers the period from May 2005 until September 2005, About Collier County Museums and the Naples Depot Museum Established in 1978, the Collier County Museum preserves and interprets the history, archaeology and development of Southwest Florida's last frontier. The Museum's five acre historical park at the County Government Center in Naples, and its branch sites in Everglades City and Immokalee offer a full range of education, family activities and cultural programs. Held during the first weekend of November, the Old Florida Festival is the Collier County Museum's signature event. The Naples Depot Museum, which began operations in 1927, served as a railroad station until 1972, when the last train left Naples. Audience The overall objective with all public relations efforts will be to increase awareness of the Collier County Museums, including the Naples Depot Museum, and attendance of permanent exhibits, programs, and special events, The primary audience is the local community, secondary audience is visitors to Collier County while in the marketplace, and tertiary audience is visitors to Collier County before the arrive in the marketplace, Public Relations Plan Development o Establishment of a public relations plan, including the definition of objectives, key messages, target audience, and detailed public relations strategies and tactics, o Public relations objectives will reflect the overall marketing, fundraising, and attendance objectives of the Collier County Museums, including the Naples Depot Museum. o Develop a timeline of public relations tactics. 1 Contract Amendment # 1 1 0 D 4 Contract No. 03-3537, "Tourism Development Council Marketing Services" Exhibit A-IA Media Relations Efforts Material Developments o Media Kit · Develop a comprehensive media kit o Online Media Room · Structure a comprehensive online media room · Prepare media kit content for online posting at www.colliermuseum.com o FAM Trips · Originate and coordinate domestic and international media F AM trips o Public Service Announcements · Develop, promote, and distribute public service announcement scripts to appropriate TV and radio media outlets Media Kit Distribution o Target media research and lists o On-going media kit/information requests On-Going News releases I Media Alerts I Story Pitches o Launching of new exhibits and educational programs o Promotion of the Old Florida Festival in November o Highlighting education programs o Distributing targeted story pitch letters to select media representatives o Following editorial story leads from Visit Florida and the Greater Naples Marco Island Everglades CVB o Developing new media opportunities with the addition of the Naples Depot Museum Coalition-BuUdin!!: Efforts o Consistently keep influencers and other interest groups informed about developments at the Collier County Museums and build a community consensus about the importance of the museum as a cultural treasure as well as an economic engine, o Tourism influencers such as the Greater Naples Marco Island Everglades CVB, area chambers of commerce, Visit Florida, and the Florida Association of Museums. · Museum management at other museums. · Employees and volunteers ofthe Collier County Museums and the Naples Depot Museum, · Government representatives on a local, regional, state, and federal level. 2 Contract Amendment # 1 Contract No, 03-3537, "Tourism Development Council Marketing Services" Exhibit A-IA 1004 "" FEE SCHEDULE Startup Fee $4,000 Lump Sum Includes Public Relations Plan Development and Material Developments as listed under Media Relations Efforts, Total # of Hours Per Month for five (5) months: 24 hours per month @ $135/per hour $3,240 Total Fee Per Month Includes on-going news releases, media alerts, story pitches, media kit distribution, and continuous coalition- building efforts. Services further include overall agency support, including account supervisor and additional agency staff support. TOT AL CONTRACT FEE $20,200 Not To Exceed 3 PROCLAMA TION 15 f".:~ .. WHEREAS, the National Day of Prayer is a day set aside by Congress for all Americans to pray and reaffirm the spiritual principles upon which this nation was founded; and, WHEREAS, in Collier County we are fortunate to have been blessed by our Creator with beautiful beaches, rivers, lakes, fields, forests, and a community who through hard work and intellectual effort and toil have made countless cultural, industrial, agricultural, and educational advancements for the enrichment of life for all our citizens,' and, WHEREAS, prayer has comforted us in times of sorrow and has given us strength and hope for the future. We ask God to keep His hand upon us and bless Collier County, the great State of Florida, and the United States of America; and, WHEREAS, we continue to give thanks for the men and women of the military that are defending freedom, and we humbly ask God for their protection and pra 'Jt'!fJ!JQhout the world,' and, NOW THERa WHEREAS, cutive annual 'Ius years theme, Hebrews 4:16, fidence, so in our time WHEREAS, BOARD OF COUNTY OMMISSIONERS COL.LIER COUNTY, FLORIDA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1'0", "" pi"' P'P}A~~ ~~~'~OC?,!",~?g~r;m~~~~~~,~?e~~,~~ ,e~,~,~s~,~~~,~,~~,~~";t6JlJ documents arc to be forwarded to the Board Office only after the Board has taken actIon on the Item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, ancVor information needed. If the document is already complete with the exce tion of the Chairman's si"nature. draw a line through routing lines #1 throu h #4, com lete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin" order) (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who ereatecVprepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 1. 7 7e/ - .r?~? 1& 14 / I) 2. 3, Yes (Initial) N/A (Not A licable) 4. 5, Sue Filson, Executive Manager Board of County Commissioners c:,r1\ t, "'JJA tlt\ t '\"\\ ~ /1/ jA emZ 6. Minutes and Records Clerk of Court's Office I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original <:>.03.04, Revised 1.26.05, Revised 2.2405 PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of OrigInal Documents Attached t...'l<l 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have bee~ fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on ...., /J.. bi J ('S (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable, 2. 3. 4. 5. 6. 16Al MEMORANDUM DATE: April 27, 2005 TO: Cindy Erb, Sf. Property Acquisition Specialist Real Estate Services FROM: Linda A. Houtzer, Deputy Clerk Minutes and Records RE: Agreement For Sale and Purchase between Juniace Senecharles and Collier County Enclosed is one copy of the document, as referenced above (Agenda Item #16Al) approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosure CONSERVATION COLLIER Tax Identification Number: 39955920002 16'; \. .~ ~~ -, I . t'c 1 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JUNIACE SENECHARLES, whose address is 3870 68th Avenue NE, Naples, FL 34120, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 49, GOLDEN GATE ESTATES, UNIT NO, 65, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE (S) 88, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TAX IDENTIFICATION NUMBER: 39955920002 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 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, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty Thousand Dollars ($30,000), (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 on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto, The Closing shall be Ileld at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title 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: 1 CONSERVATION COLLIER Tax Identification Number: 39955920002 16A1 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (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-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 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 Purchase Price. No funds shall be disbursed to Seller until the Title Company 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 thereto, 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 for prorations 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. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser, 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 paid by Seiler. Ii Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such 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; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL T A Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. 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 2 CONSERVATION COLLIER Tax Identification Number: 39955920002 16Al..~.~ 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. 4,012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense I shall use its best efforts to make such title good and marketable, In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period I may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4,013 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. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V, INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) 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 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within 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 engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 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 and shall be responsible for any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. 3 CONSERVATION COLLIER Tax Identification Number: 39955920002 16Al VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7,01 Purchaser shall be entitled to full possession of the Property at Closing, VIII. PRORATIONS 8,01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller, IX, TERMINATION AND REMEDIES 9,01 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. Purchaser shall have the right to 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. 9.02 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 as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price shall be paid to 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 except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. 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 in nature, 9.03 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 pecuiiar risks and expenses of each of the parties, X, SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 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. 10.012 Seller has full right, power, and authority to own and operate the Property, and 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, 4 CONSERVATION COLLIER Tax Identification Number: 39955920002 1) , III J" Lr R .' At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing, Purchaser's acceptance of a deed to the said Property shall not 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. 10,014 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof, 10,016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into 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, Seller represents 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 is 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 or were located on 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. 10.018 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 ot 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, 10.019 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, 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement 5 CONSERVATION COLLIER Tax Identification Number: 39955920002 16Al :.... .'11 \i assessments, pay-back agreements, paving agreements, road expansion or 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. 10.021 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, 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing, 10,023 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, 10.024 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, XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 6 . \ With a copy to: 16Al Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 CONSERVATION COLLIER Tax Identification Number: 39955920002 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 If to Seller: Juniace Senecharles 3525 35th Avenue NE Naples, FL 34120 Telephone number: 239-404-8573 Fax number: A/ //1 , 11,02 The addressees and numbers 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes, XII. REAL ESTATE BROKERS 12.01 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, XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties, 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall 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, 13,03 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 executed by both parties. 13.04 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. 7 CONSERVATION COLLIER Tax Identification Number: 39955920002 16 ~ . ~-~ 1 13.05 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, 13,06 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 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. 13,07 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, 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida, 13,09 If the Seller holds the Property in the form of a partnership, limited pC!.rtnership, 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.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals, Dated Project/Acquisition Approved by BCC: -/rlr'1') ,.J /-, )_:/(J(~.5 AS TO PURCHASER: DATED: 1../. ~ '1, 0 ~ ATTEST: DWIGHT E, B~PyK',~9Ierk . . , . . ~ ... - . f . ............., . ~:' ; 0" .f!-~,'. ~/}AUW M '~~~W:f. . '-~""." \;'\.\'~l~~. 'uty Clerk ...t t.st $.~'.to Ch.l~n; S SV.Adtwre<)"~""',:~~,(':' ..' ".. " ~! ~ l\ 'J ~ . . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~.Jl IA) ~ ~ FRE W, COYLE: C AI A~ 8 CONSERVATION COLLIER Tax Identification Number: 39955920002 AS TO SELLER: DATED: 3 t.. C) -;"0 c.c,/ WITNESSES: ~L~ \ ) 'j" . e~ , ;;i \.-\.P-^----._ ('" (Signature) r;? A ".1 /<, I ~ 'I\! ~:~ L- IV L CJ h1/..' Cr \ (Printed Name) ~ ~lk\((:~~ ~ignature) \(X\-(\~l<) ~JlCA ~O~{~ (Printed Name) Approved as to form and legal sufficiency: &J , . Lt~ tJ CW~.lNA~' Ellen T. Chadwell Assistant County Attorney 9 .; '~; ~ , ~ ,l,l.. ~.~. c~ JUNIACE SENECHARLES ~ '~/~~ - .', Lw EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39955920002 LEGAL DESCRIPTION: THE EAST SEVENTY-FIVE (75') FEET OF THE WEST ONE HUNDRED EIGHTY (180') FEET OF TRACT 49, GOLDEN GATE ESTATES, UNIT 65, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ",""" p'" P"~,TA~"~ ~f~*~~,~,~;E~,~~~~~~~;'~~~[i~~~1I{~~":."~"6,,~ 2 documents are to be forwarded to the Board Officc only after the Board has takcn action on thc item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routina lines #1 throu h #4, com lete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routina order) 1. 2. -- 3, Phone Number Agenda Item Number Number of Onginal Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final neaotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines' The document was approved by the BCC on "'1/l...tp}C:J (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable, 4, 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holdcr of the original document pending BCC approval. Normally the pnmary contact IS the person who created/prepared tbe executive summary. Primary contact information is needed 111 the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) 6. Minutes and Records Clerk of Court's Office 77y -,)')(:;/7 I ~ r1CL) / Yes (Initial) NtA (Not A licable) 2. 3. 4. 5. 6. (]~\t A./iA CJ~t cyrn t -VIA I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 l6 A2~'~ MEMORANDUM DA TE: April 27, 2005 TO: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services FROM: Linda A. Houtzer, Deputy Clerk Minutes and Records RE: Agreement For Sale and Purchase between Robert C. Malt and Collier County Enclosed is one copy of the document, as referenced above (Agenda Item #16A2) approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosure CONSERVATION COLLIER Property Identification Number: 00741960001 16 A,2 ~ AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ROBERT C. MALT, whose address is 1897 Palm Beach Lakes Boulevard #212, West Palm Beach, Florida, 33409-3509 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference 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 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, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Four Million Seven Hundred and Fifty Thousand Dollars, ($4,750,OOO) (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 on or before ninety (90) 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 procedure to be followed by the parties in connection with the Closing shall be as follows: 3,011 Seller shall convey a marketable title 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: (a) The lien for current taxes and assessments. 1 CONSERVATION COLLIER Property Identification Number: 00741960001 16A2 (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-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 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 Purchase Price, No funds shall be disbursed to Seller until the Title Company 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 thereto, 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 for prorations 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, The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4,011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 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 paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such 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; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. 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. 2 CONSERVATION COLLIER Property Identification Number: 00741960001 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days atter expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 16A2 4,013 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. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any, Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V, INSPECTION PERIOD 5,01 Purchaser shall have sixty (60) 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 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within 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 engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 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 and shall be responsible for any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. 3 CONSERVATION COLLIER Property Identification Number: 00741960001 16A2 VI. INSPECTION 6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7,01 Purchaser shall be entitled to full possession of the Property at Closing, VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX, TERMINATION AND REMEDIES 9,01 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, Purchaser shall have the right to 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. 9,02 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 as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one-tenth of one percent (.1 %) of the purchase price shall be paid to 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 except as set forth in paragraph 12,01, (Real Estate Brokers), hereof. 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 in nature, 9.03 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. X, SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10,01 Seller and Purchaser represent and warrant the following: 10.011 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. 10.012 Seller has full right, power, and authority to own and operate the Property, and 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, 4 CONSERVATION COLLIER Property Identification Number: 00741960001 16 A2-- At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10,013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a 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, unless otherwise stated herein. 10.014 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10,016 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, 10,017 Seller represents that to the best of his knowledge without investigation there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no actual knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents to the best of his knowledge without investigation 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 actual knowledge that there is 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 or were located on the Property at any time during Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill, during Seller's ownership thereof, 10.018 Seller has no actual 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, 10.019 To the best of Seller's knowledge, 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, 5 CONSERVATION COLLIER Property Identification Number: 00741960001 16A2 10,020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or 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. 10.021 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, 10,022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing, 10,023 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 for a period of twelve (12) months and are not deemed satisfied by conveyance of title, 10.024 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, XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 6 CONSERVATION COLLIER Property Identification Number: 00741960001 With a copy to: 16A2 Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 If to Seller: Robert C. Malt 1897 Palm Beach Lakes Boulevard #212 West Palm Beach, Florida, 33409-3509 Telephone number: 561-471-8494 Fax number: 561-471-8456 With a copy to: Richard D. Yovanovich, Esq, Goodlette, Coleman, & Johnson, P.A, Northern Trust Bank Building 4001 Tamiami Trail North Naples, FL 34103 Telephone number: 239-435-3535 Fax number: 239-435-1218 11,02 The addressees and numbers 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 addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes, XII, REAL ESTATE BROKERS 12,01 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, XIII. MISCELLANEOUS 13,01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties, 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall 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. 13.03 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 executed by both parties. 13.04 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 provbions hereof, 13.05 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. 7 CONSERVATION COLLIER Property Identification Number: 00741960001 16A2 13,06 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 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, 13,07 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. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida, If this Agreement is not approved by the Conservation Collier Land Acquisition Advisory Committee, and the Board of County Commissioners by May 31, 2005, this offer will be null and void and neither party shall have any rights or obligations hereunder. 13,09 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,) 13,10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: Ap '~t l "'~G)I I~LC--) AS TO PURCHASER: DATED: '-t t. '1- 05 ATTEST: . . . {('I'. DWIGHT E.J~3"RDGk~:.tl~rk · :/( ,l;~i\;;.-,~:\" . . :". ' "/,J ',,1. :, ~ .1}~/L~'i.llr1. Attfo",t lt~ tn' rj;:~,...",,"~"'. ~";: puty Clerk . ,. ';'~" .\r~\., . , . ~) \. , s 19;tatwre Oflll. ,',:- ,..".' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ';1, -~-JL t",J. (~"""J FRED W, COYLE, CHA( 8 CONSERVATION COLLIER Property Identification Number: 00741960001 AS TO SELLER: DATED: C0 c;l;-OS- , ~ mil j"e J (r;. ~ rrnJ rinted Name) ~'S \, 't' '(Y\ m A \-6 (Printed Name) Approved as to form and legal sufficiency: -/~ ~ CL~~~ Ellen T. Chadwell Assistant County Attorney l6A2 ,f I 7 / ;!.77 i ~t~t0 . ROBERT C, MALT 9 16A2 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 00741960001 lEGAL DESCRIPTION: THE WEST HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) AND THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING WEST OF STATE ROAD 951; LESS AND EXCEPT THOSE LANDS, A/K/A PARCEL 101, ACQUIRED BY COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, THROUGH EMINENT DOMAIN PROCEEDINGS IN CASE NO CA-87-0308, MORE PARTICULARLY DESCRIBED AS FOllOWS: Parcel 101 ALL THAT PART OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER AND THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST I LYING WESTERLY OF EXISTING STATE ROAD S-951 (100 FEET WIDE) BEING A PARCEL 83 FEET WIDE (AS MEASURED ON A PERPENDICULAR) WITH THE EASTERLY LINE OF SAID PARCEL BEING THE WESTERLY LINE OF SAID RIGHT-OF-WAY 100 FEET WIDE AND SAID EASTERLY LINE LYING 17 FEET WESTERLY FROM (AS MEASURED ON A PERPENDICULAR) THE FOLLOWING DESCRIBED CENTERLINE OF A PROPOSED RIGHT-OF-WAY 200 FEET WIDE: FROM THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 88 DEGREES 58 MINUTES 22 SECONDS EAST ALONG THE SOUTH LINE OF THE SOUTHWEST CORNER OF SAID SECTION 15 FOR 1138.93 FEET TO THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 951 (200 FEET WIDE) AT STATION 294+04.46 AND THE POINT OF BEGINNING, FROM SAID POINT OF BEGINNING, RUN NORTH 02 DEGREES 28 MINUTES 03 SECONDS EAST, PARALLEL WITH AND 33 FEET WESTERLY FROM (AS MEASURED ON A PERPENDICULAR) THE CENTERLINE OF STATE ROAD S-951 (100 FEET WIDE) FOR 15,452.33 FEET TO STATION 448+56,79 AT THE CENTERLINE OF U.S. 41 AND THE END OF THE HEREIN DESCRIBED CENTERLINE, SUBJECT TO AN EASEMENT OVER THE WESTERLY 100' THEREOF, IN FAVOR OF LEE COUNTY ELECTRIC COOPERATIVE, INC, Reso &;~ -/,,2- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt' L.,. A:~ ~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . 0 '~;;J THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action au the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si21lature, draw a line through routin lines #1 through #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials ate (List in routing order) 1. 2, --- 3, ......,.,--." ".- (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BeC office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was Ap roved by the BCC Type of Document Attached ,.-...""'..... 4. ...- ..~.....' , /5 .- :}(l &; I ~A3 \ Yes (Initial) N/ A (Not A licable) ....---. 5. Sue Filson, Executive Manager Board of County Commissioners Cf( NIl><. ti- (L .IL (AI I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION f\\ef.- c~l.lp{ K.\ .l)( ,/ r.J. /.p, ," (X)S- /\ I I I '(J.'::, () C{ 11 ON Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be ware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable, 2. 3. 4. 5. 6. MEMORANDUM Date: April 28, 2005 To: Alex Sulecki Environmental Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-162 1 :r) A3", '1"". . . Enclosed please a copy of the document, as referenced above (Agenda Item #16A3), approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure RESOLUTION NO. 200S....J..62 1. ./ A 3 .:4f . ) '1 if JIll) A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COLLIER, FLORIDA, APPROVING A TARGET PROTECTION AREA MAILING STRATEGY FOR THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM'S THIRD PROPERTY SELECTION CYCLE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has recognized the need to plan for future growth and has initiated a long-term program, known as Conservation Collier, to acquire, protect, restore and manage environmentally sensitive lands in perpetuity and to provide public open space for the benefit of present and future generations; and WHEREAS, the Conservation Collier Program includes identification and protection of Collier County's natural resources, including upland and wetland communities, native plant communities, endemic species, endangered species habitat, water resources, and aesthetic or other natural features; and WHEREAS, protected lands include those that provide appropriate natural resource-based recreational and educational opportunities, protect local water resources, provide flood control; and WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as "Ordinance No, 2002-63" has described Target Protection Areas (TPAs); and WHEREAS, Section 13 (1) of Ordinance No. 2002-63 provides that county staff will send letters of inquiry to all property owners within these Target Protection Areas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I. Findings It is found and declared that: (A) The cost of a simultaneous mailing of letters to all property owners within all Target Protection Areas will be approximately $40,000, as opposed to $320 for a proposed third cycle mailing to criteria-based properties from identified Target Protection Areas and other areas that meet program goals and criteria. (B) The goal for a realistic number of properties for staff to process and for the CCLAAC to evaluate and rank in creating the third Active Acquisition List was 16A3 originally determined to be 35 or less, but after 2 cycles of experience is realistically approximately 25 to 30, (C) Using estimated rates of return of positive interest generated by property owner interest letters in both the 1 st and 2nd selection cycles, it has been determined that mailing approximately 871 interest letters will result in approximately 26 parcels for review and ranking on the Active Acquisition List. Staff anticipates some additional number of owner and public nominations as well. (D) There has been a subcommittee recommendation that was unanimously approved by CCLAAC on March 14, 2005, endorsing a strategy for a mailing outreach effort, This strategy is to modify the broader TP A list into a more manageable partition of that list, targeting lands within the Urban, Sending Habitat Stewardship and Flowway Stewardship Areas TPAs, Additionally, recommendation was made for mailing to some non-TPA parcels adjacent to TPA lands that are likely to contain high quality environmental resources, (E) With each successive mailing cycle, under current ordinance requirements, appropriate lands within TPAs shall be targeted by means of a criteria-based, equitable distributed, phased mailing until all undeveloped properties within the TP As have been sent an inquiry letter or all Conservation Collier funds have been spent. (F) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an update to the Target Protection Areas List and selection strategy to the Board of County Commissioners to fulfill the purposes of the Conservation Collier Program, (G) This resolution is adopted pursuant to applicable provisions of law, SECTION II. Be it also resolved that Collier County Board of County Commissioners adopt the following third-cycle Target Protection Areas outreach mailing strategy: Area Objective Criteria for TPA selection Lands along the Immokalee Road corridor in Township 47 S, Range 47 E, located west of Immokalee Rd., along the west side of 5 acres or greater Sending I Corkscrew Sanctuary and just to the north and undeveloped (and non- TP A) of Immokalee Road in the Corkscrew Island Area. Area to include sod farms and cypress strand south of the Corkscrew neighborhood. Any wetlands and scrub areas in the At least 50% II Immokalee urban area vegetated and Urban undeveloped, (and non-TPA) 1, Staff shall send approximately 871 interest inquiry letters to owners of undeveloped properties within the following areas that meet the following criteria: III Commission District III parcels 5 acres or greater Urban, NGGE and undeveloped (and non-TPA) IV (a) Camp Keais Strand and Undeveloped HSA/FSA (b) Okaloacoochee Slough 16A3 2, Using a query to the County's GIS database, the number of parcels and acreage involved in this interest inquiry letter mail-out using the above criteria and distributed across TP As is as follows: Number of Parcels Acreage 1. Area I (Sending, Neutral, Rural Lands) 200 1,947 2, Area II (Urban and Rural Lands) 211 22,738 3, Area 111 (Urban, NGGE and Neurtal) 95 7,704 4, Area IV (FSA/HSAs) 365 93,569 Total 871 125,958 3. Subsequent mail outs will include other properties from within TPAs, however, prior to the mail out, the CCLAAC shall re-evaluate priorities for purchase to focus efforts and will forward this recommendation to the Board of County Commissioners for its approval. SECTION III. Effective Date, This Resolution adopted and made effective this 26th day of April 2005, after motion, second and majority vote favoring same, ATTEST: DWIGH1~~~:f~~~~~.Clerk 4. \~~~ ".."., . . . ~!'.\. ,,,.,<c:~ ~~.t:.~~_~: '.,b~ <' . .' ,ft.. S S 1"lt~,..OItll~'\)' '.. ' Approve<1t;.(,lSto forn;J. and legal sUf~en51 /l By: ~ ~ ~~ ~ Michael W, Pettit Chief Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~w.~ Fred W, Coyle, Chmrma ~. Item # I'-A '3 Agenda u. 'J I .s Date ~~._ Date 4.aT05 Rec'd ___. (~~ly~ ~. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16A4 (Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) . 7' ROUTING SLIP Complete routing lines #1 through #4 as appt'opriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2, 3. 4, 5, Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact IS the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the cvent one of the addressees above, including Sue Filson, need to contact statl' tor additional or missing information. All original documents needing thc Bee Chairman's signature are to be delivered to the Bee otlice only aftcr the Bee has acted to approve the item.) Name of Primary Staff Contact j 0 Agenda Date Item was A roved b the BCC A Type of Document Attached Phone Number (p ~ ' ~.... c;.. ':\- Agenda Item Number tl tJ <;.. lto . .4 3 Number of Original Documents Attached Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from 1l contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) -- 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~ Office and all other parties exceot the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the -_.~ "- 3. .)8 document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's ~ signature and initials are reauired. In most cases (some contracts are an exception), the original document and this routing slip _. 5. should be provided to Sue Filson in the BCC office within 24 hours of Bec approval. I Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of ~ur deadlines! 1__ INSTRUCTIONS & CHECKLIST I: Forms/ County Forms! BCe FDlms/ Original Documents Routing Slip WWS Original 9.03.04 MEMORANDUM Date: May 20, 2005 To: John Houldsworth, Senior Engineer Planning Services From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolutions 2005-163 Whippoorwill Lane Enclosed please find one copy of the document as referenced above (Agenda Item #16A4), approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please feel free to contact me at 732-2646 ext. 7240 Thank you. Enclosure 16A4 16A4 RESOLUTION NO, 05-~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN WHIPPOORWILL LANE FROM PINE RIDGE ROAD SOUTH TO STRATFORD PLACE ENTRANCE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSmILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No, 91-102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department and the Transportation Services Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Whippoorwill Lane from Pine Ridge Road South to the entrance of Stratford Place subdivision and authorize the Clerk to release the maintenance security, BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements, This Resolution adopted after motion, second and majority vote favoring same, this day of , 2005. ~ . LJ/,t~'i DATE:~' '021Y/qlCOS- ATTEST: . <, ..... " \: DWIGHJ't:,~iJ).ROCK;;.JiERK ~: . "tl', ",' 'T=-:: ~~ '. '" .... ' I . ~... '.. ..~' . . ',. ., . ' \ ,. . ". At.t.:lS -~t~n' s 11 ga'.twt. ~()AJ y(~/) - r, . ~~l~ ~,;\"1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JJlC By: FR:t:to~: C~N Approved as to form and legal sufficiency: Jenm r A. Belpedio Assistant Collier County A ey Item # \(0 ALt Agenda ,( -dW -0 Date 1: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO!lt. A 5 Print on pink pape;~~ ~~~n~c~~ntCo~g~~!~m~~~u~~~~~~~~!:~ t~~~~~~c~~~o~~~~~~l~ onginar documents are to be forwarded to the Board Oftlce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or intormation needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines # I throu h #4, com lete the checklist, and forward to Sue FIlson Ime #5). Office Initials Date 18~ -~ 2. \ (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who cTeatedlprepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC oftlce only after the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 3, 4. 5, Sue Filson, Executive Manager Board of County Commissioners .J J-j? 1 / & A:;--- / Yes (Initial) NI A (Not A licable) 6, Minutes and Records Clerk of Court's Office ;141 Iv /t- I: Formsl County Forms/ BCC Formsl Original Documents Routing Slip WWS Original 9 03.04. Revised 1.26.05, Revised 2.24.05 PRIMARY CONT ACT INFORMATION ! Li! j /,'11 ~_ CS t1 r I'n / 1- (l,;u fI j [4 Phone Number /) ,{f- /J'17 Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be awa e of our deadlines! The document was approved by the BCe on I "Iv ~nter date) and all changes made during the meeting have been incorporate in t e attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2, 3. 4, 5. 6, 16A5 MEMORANDUM Date: April 26, 2005 To: Cecilia Martin Planning Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: CP-2005-04 Enclosed please find one copy of the above referenced document, (Item #16A5), approved by the Board of County Commissioners on Tuesday, April 26, 2005. Thank you. Enclosure A 1.6 5 Permit No. 2005-04 PERMIT FOR CARNIVAL EXHIBITION ST ATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Fred Hollingsworth, President, Three Ring Entertainment, Inc" has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a circus and; WHEREAS, Fred Hollingsworth, President, Three Ring Entertainment, Inc" has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a circus as set forth in Chapter 1 0, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such circus will be conducted according to lawful requirements and conditions; and WHEREAS, Fred Hollingsworth, President, Three Ring Entertainment, Inc said, has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO, Fred Hollingsworth, President, Three Ring Entertainment, Inc to conduct a circus on May 9, 10, and 11, 2005, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the r/; , Clerk of Courts in and for said County this .;? t- day of ,4/ r /' / 2005, .,1""1", ATTEST;'~"~' fU~~~""", DWIG~:E~~~~O'C~};~ERK .:- r~ .~ . ,;':~ :'~:~~' ""j] , I"~ ~0;il" ~: ("l: €~~~,;,~ttf/H~:~~'~ ii, ~~ :. .: ;;.<: <:,.~ 'I',;, ". ~~I r~~-;, ~ ~,:.::;. : ': --"\: t... ,'(""I},!..~'1. oN"\~. , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: ~w.(~ FRED , COYLE, CHAI N 4'J of."" ': " "...._: ~-., t; .....'" Attest is;~.',~~~:'1 Si0M""!",. ''',f'i~~~' ,..,., Approved as to. ForIh and Legal Sufficiency: -Ml~~'~~~I'>~\HR Assistant County Attorney f\. B~LrE.[:)I.O Item # I~AS Agenda t-/, 2.b ,05 Date Date 4<21.05 Rec'd Property Information Report CDPR1002 - Property Information Report FOLIO NBR 0000000115560008 PARENT PARCEL 0000000000000000 BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 001 .000 29 47 03 472903 001.0002EO USE CODE 86 CLASS CODE o MILL AREA 5 TOTAL 211.43 ACSC SHORT LEGAL 03 47 29 N1/2 E OF DITCH EXC DB 31 PG 135 & THAT PORTION OF VACATED ED SCOTT IMMOKALEE AIRPORT UNIT 2 RES 88-67 XTRA LGL CNT o HDR REF FLAG OWNER NAME COLLIER COUNTY PREVIOUS OWNER COLLIER COUNTY BOARD OF COMM OWNER ADDRESS BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E FULL LEGAL DESCRIPTION 03 47 29 N1/2 E OF DITCH EXC DB 31 PG 135 & THAT PORTION OF VACATED ED SCOTT IMMOKALEE AIRPORT UNIT 2 RES 88-67 Exhibit "A" Collier County CD-Plus for Windows 95/98/NT 'l(~I~.$ Printed on 4/14/2005 11:24:00AM Page 1 of 1 ITEM NO,: 1 FILE NO,: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: May 18, 2005 To: Office of the County Attorney Attention: Robert Zachary From: Rhonda Rembert, Contracts Speciali , Purchasing Department, Extension 8941 Contract Administration Division Re: Amendment 1 to Contract No. 03-3446 "Design Services for Rattlesnake Hammock, Polly Avenue to Collier Boulevard", APAC-Southeast, Inc. BACKGROUND OF REQUEST: This Amendment was approved by the BCC on April 26, 2005; Agenda Item 16.~,1, , ...... This item has been previously submitted. The document that was previously submitted omitted the witness signature on three of the five copies. ACTION' REQUESTED: Amendment to contract review and approval. OTHER COMMENTS: Robert, This is a standard amendment to a contract. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me, Purchasing would appreciate notification when the documents exit your office, Thank you, ~~ ? 2 q .E) S cc: Gary Putaansuu, Project Manager 1681 ' , MEMORANDUM Date: May 25,2005 To: Rhonda Rembert, Contract Specialist Puchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Amendment No.1 to Contract No. 03-3446: "Design Services for Rattlesnake Hammock, Polly Avenue to Collier Boulevard", AP AC-Southeast, Inc. Enclosed please find three (3) original contracts as referenced above, (Agenda Item #16Bl) which was approved by the Board of County Commisssioners on Tuesday, April 26, 2005. The Minutes and Records Department has kept an original contract, and the Finance Department will also be furnished an original contract. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3) EXHIBIT A2-A Contract Amendment #2, 03-3446 "Rattlesnake Hammock Road from Polly A venue to Collier Boulevard" This amendment, dated (~/~L, 200.2 to the referenced agreement shall be by and between the parties to the original A~gnoli, Barber & Brundage, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). 1681 Statement of Understanding RE: Contract # 03-3446 "Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "A2-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through December 31,2007 as per Schedule C, and the Consultant shall provide additional engineering and surveying consulting services described in Attachment A2-A, Schedule A. Hourly rates as per Schedule B shall apply only for the services covered by this engagement. The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of one hundred sixty one thousand one hundred forty seven dollars and fifty cents, ($161,147.50) as per Attachment "A2-A". All other terms and conditions of the agreement shall remain in force. IN WIT SS WHEREOF, the Contractor and the County have each, respectively, by an authorized person 0 gent, hereunder set their hands and seals on the date(s) indicated below. Corporat By: &.\1'( f. ~~1 Dated: S" ' "S" - oc::; By: Title: Dated: e.. A TIES \\\l\"'c.., "lf~:"l"" A>Ti:f"'b,,~~' Ji~1.') .... ~'J..~ ........ 'ff'! '. ~..."" "v" ,,_.. . .....l1I;.. ". ~.)..' .'~ ...l2t' 5, .. OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Item# \.lQ 61 ~~~;d~ tLR 115 Date 9~......a; Rec'd 1681 EXHIBIT "A2-A" SCHEDULE A Rattlesnake Hammock Road Supplemental Agreement No.2 - Scope of Services A.1 Revise CCPS Bus Site Access Location . Provide Supplemental Survey Services to locate existing improvements and jurisdictional lines within the Collier County Public School (CCPS) site as required for design and permitting purposes. . Develop a Site Plan for the CCPS site showing the necessary construction required for the new access configuration and water management system modifications. . Develop Cross-Section Sheets for the new access roadway to be located with the CCPS Site. . Develop a Detail Sheet showing modifications to the existing CCPS control structure as required by the regulatory agencies. . Develop additional Erosion Control Sheets and modifications to existing erosion control plans for the new construction. . Develop a Cover Sheet for the permit set of plans. . Research South Florida Water Management District (SFWMD) files for existing permit information regarding the CCPS site. . Confirm the calculations for the design of the existing CCPS site. . Develop revised water management concepts and calculations. . Develop ERP modification package and submittal to SFWMD and the United States Army Corp of Engineers (USACOE) and assist in drafting the Staff Report. . Engage the services of Environmental Sub-consultant to assist in developing the permit package and mitigation plan. . Submit plans, specifications and estimate to incorporate this work into the construction contract by change order. Lump Sum: $ 29,749.50 A.2 Desien Analvsis - Revise Sidewalk to Pathwav . Geometric Design of a meandering pathway in lieu of sidewalk east of Parkers Hammock Road. . Design drainage modifications to accommodate a pathway west of Parkers Hammock Road . Design Gravity Walls and Handrail to accommodate a pathway west of Parkers Hammock Road Lump Sum: $ 16,895.00 A.3 Desien Plans - Revise Sidewalk to Pathwav . Modify the existing plans drawings to provide for a pathway in lieu of a sidewalk on the north side of the project. Lump Sum: $ 19,279.00 1681 A.4 Modifications to Permittine for Pathwav . Prepare revised storm water calculations to provide for pathway in lieu of sidewalk. . Submit and acquire ERP permit revisions to accommodate a pathway in lieu of sidewalk. Time and Materials Not to Exceed $ 21,564.00 A.6 Post Desien Services Consultant will provide services as requested during construction. The services can include, but are not limited to the following: . Attend pre-construction conference and prepare any required follow-up. . Perform shop drawing review as required by specifications. . Provide clarifications and interpretations as to the intent of design and to address any unforeseen conditions or events as they occur. . Attend final field review and participate in punch list preparation. . Provide spot checks of Contractor's Record Drawings for the purpose of certification to South Florida Water Management District. . Reimbursable expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar project- related items in addition to those otherwise required Basic Services. Time and Materials Not to Exceed: $ 73,660.00 Lump Sum Totals: $ 65,923.50 Time and Materials Not to Exceed $ 95.224.00 Total: $ 161,147.50 EXHIBIT A2-A SCHEDULE B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Title Hourlv Rate Principal Engineer Registered Engineer Senior Design Engineer Senior Registered Surveyor Registered Surveyor 4-Man Crew GPS Crew Tech V Tech III Tech I $155.00/hr $110.00/hr $ 80.00/hr $130.00/hr $ 85.00/hr $135.00/hr $210.00/hr $ 85.00/hr $ 67.00/hr $ 50.00/hr 1681 " 1681 EXHIBIT A2-A SCHEDULE C PROJECT SCHEDULE Through December 31, 2007 Task A1. Revise CCPS Bus Site Access Location: 177.5 hours . Supplement Survey . Site Plan . Cross Sections . Detail Sheet-Control Structure Mods, etc. . Erosion Control Sheet Mods . Cover Sheet for Permit Package . Research SFWMD files for existing Permits . Confirm existing system calculations . Develop revised WM concepts . Develop revised WM calculations . Develop ERP modification package and submit . Assist SFWMD in drafting staff report - Environmental Sus-consultant Task A.2. Desion Analysis - Revise Sidewalk to Pathway 109 hours . Geometry Design/Pathway configurations . Design Drainage modifications . Design Gravity Walls and Handrail Task A.3. Desion Plans - Revise Sidewalk to Pathway: 212 hours · Summary of Pay Items (1) . Drainage Maps (2) . Typical Sections (4) . Summary of Drainage structures (5) · Plan and Profile sheets (19) . Drainage Structure Sheets (21) . Cross Sections (67) · Utility Crossing Details (4) · Quality Control . Supervision Task A.4. Modifications to Permittino for Pathway: 232 hours · Develop revised WM concepts · Develop revised WM calculations · Develop ERP Modification package and submit · Develop RAI responses 1681 ' Task A.5. Additional Sub-Consultant Services As Needed . Lighting Plans (24) . Maintain FPL Clearances . Locations behind sidewalk . Check lamination calculations Task A.G. Post Desian Services: 704 hours . Participate in construction conference, meetings and field reviews . Provide shop drawing review . Provide review of proposed plan revisions . Provide final inspections and certifications ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO B 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA Print on pink paper. Attach to original document. Original documents should be h,md delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line through routin!! lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) 1. Robert Zachary County Attorney ::;'Z(;/- 6S fG'(., 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Phone Number Contact Rhonda Rembert 774-8941 Agenda Date Item was Agenda Item Number Approved bv the BCC Aori1 26, 2005 16B1 Type of Document Number of Original Attached Amendment Documents Attached 5 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 4 0 enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) NIA (Not A licable) 2. 3. 4. 5. 6. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP p,;",OO p;pk p,~!~ ~~~~~?,;E:~~;~~E~;~~!€i!~;11i;'~~~ J~~ documents are to be forwarded to the Board OtllCC only after the Board has taken action on the item, ) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceution of the Chairman's simature, draw a line throu21 routing lines # I throul!h #4, comulete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routiml order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Sheila Convery Phone Number 774-8419 Contact Agenda Date Item was April 26, 2005 Agenda Item Number 16-8-2 Approved bv the BCC Type of Document (1) Transmittal Letter to FEMA; (1 )HMGP Number of Original 3 (l of each) Attached Grant application; (1) Maintenance Documents Attached am-eement Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be sac signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's sac Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the sac document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sac silmature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip sac should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nulIified. Be aware of your deadlines! 6. The document was approved by the BCC on 4/26/05 (enter date) and all changes sac made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chanees, if applicable. INSTRUCTIONS & CHECKLIST I: Forms/ County Fonns! BCC Fonns/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24,05 1682 MEMORANDUM Date: April 27, 2005 To: Sheila Convery Traffic/Transportaion Ops. From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Transmittal letter to FEMA, HMGP Grant Application, and Maintenance Agreement Please find one (1) of each original of the above referenced documents (Agenda Item # 16B2) which was approved by the Board of County Commissioners on Tuesday, April 26, 2005. Please forward one original and three copies to the appropriate parties and return the fully executed documents to the Minutes and Records Department. If you should have any questions regarding these documents, please call 774-8411. Thank you. Enc1osure(s) Donna Fiala District 1 Frank Halas District 2 Tom Henning Distnct 3 Fred W. Coyle District 4 Jim Coletta District 5 PJJoard o/Y!fol/im' '$'ounty '$'~ 6 B 3301 East Tamiami Trail · Naples, Fiorida 34112 - 4977 (239) 774-8097' Fax (239) 774-3602 April 26, 2005 Mr. Leroy Thompson FEMAlState of Florida Disaster Field Office Mitigation Section 100 Sunport Lane Orlando, Florida 32809 Subject: Submission of Hazard Mitigation Grant, Traffic Signal Mast Arm Rebuilds Dear Mr. Thompson: On behalf of Collier County, I am pleased to submit the enclosed grant application (one original and three copies) to the Florida Department of Community Affairs, Division of Emergency Management for the Hazard Mitigation Grant Program. If the project if selected for funding, Collier County is committed to fulfilling all commitments made in the grant application, including provision of the local match. We look forward to working with you on this very important project for Collier County. Sincerely, ~W.~ Fred W. Coyle Chairman ;..~::~.;.'-uv~.:. ~ 1:,);~ d:'::'" /~. ~:;';;::'_:~': r::~' ,~=.".-j ~C_.~_. .~;a,.~;n' ;k.~D ,\~,:~t:1-o..:-,i~q ,..... .'. '~':)":I " ~ .' . ,~. ...... ;. i r,-c:-'~r.'~' ',i.\ IT/;/;\ ' ~.;.., ,.:,' . '-'~~/~.;?i:y""_"~;~~~~~;:.' .-~~ ~.\i ....' ',.. ''''.~. :...,._......h(j5:E,~.." A...l):h1i~~bc ~~t.._ . ...~ f~_"~' '-;"~~f4!t'~. :.;,:~;.: '~'~.'. \:~..~', ,'.... .... ~.... ':P'~ ......~ t' :, f~ 't..1'~", :.1ljl'; ~. ';,'j\., . .. Section V. Maintenance Agreement 1682 All applicants whose proposed project involves the retrofit or modification of existing public property or whose proposed project would result in the public ownership or management 0/ property, structures, or facilities, must jlrst sign the following agreement prior to submitting their appllcation to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The County of Collier, State of Florida, hereby agrees that (City, Town, County) ifit receives my Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or constructed as a result of such Federalaid. Routine mamtenance shall include, but not be limited to, such responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts, and storm drains clear of obstructions and debris; and keepmg detention pnds free of debris, trees, and woody growth. The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, ~rcede, or add to any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of project award. Signed by Fred W. Coyle, the duly authorized representative (printed or typed name of signing official Chairman, Collier County Board of County Commissioner$ (tit/e) this 26th (day) of April (month), 2005 (year). Signature* '1uJ-w. ~ *Please note: The above signature must be by an individual with legal signing authority for the respective local government or county (e.g, the Chairperson, Board of County Commissioners or the County Manager, etc.) AftISf....... . DiJlHiJrV ,1:::.'... , ,~..... ~~~... .'~ ~;&"' ;~. . /.-"~. ',.,' ~r~ ' ~. A(t,es, :lif..ti\4tli~:tz' S tIMJit'i'iC.' ....f.' .'., ...,... .....~'".otI y,.::, ~ . . \.- '. . - '1/.-.'\' "~rJ ......~". c.;'" A~~,~~ &le~~iJ~n:':-!;.;~\.,:., d " ~-(1....~6)~ AilI:Iatuat CoImty Attom!1 ~~ 12 Page 12 of 27 Attach any continuations or additional items to this page (Fonn No, HMGP/FMA-001. Eff.IO/30/04) STA TE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM & FLOOD MITIGATION ASSISTANCE APPLICATION 16 B 2 Section I. Project Description II. Point of Contact OMs. [8jMr. OMrs. First Name: Robert Title: Traffic Operations Department Director Street Address: 2885 Horseshoe Drive South City: Naples State: Florida Zip Code: 34104 Telephone:2397748260 Fax: 2392135868 Email Address (ifavailable):bobtipton(a)collienwv.net 12. Application Prepared by: OMs. 18] Mr. OMrs. First Name: Robert Title: Traffic Operations Department Director Telephone: 2397748260 13. Authorized Applicant Agent (proof of authorization authority required) OMs. [8jMr. OMrs. First Name: Fred Last Name: Covle Title: Chairman. Board of Count v Commissioners Telephone: 2397748097 Fax: 2397743602 Street Address: 3301 E.Tamiami Tr. City: Naples S lorid eJco' 3411 Signature: . Date: f.4 prl I d-.(Q/2..06S 14. All proposed projects should be included in the co nty's Local Mitigation Strategy (LMS). Attach is a letter of endorsement for the project from the county's Local MitigationStrategy Coordinator. [8j Yes 0 No &ll-"A- 'l-"ll'! _.,i~__ -'~, ", (\\~,lifi'~, """;;{1i;';- 1, ;' t~,,!:;::*y..,":"<:':' BY.' ~ i'- { .'; ~ .,., ~.... . '. .. LJC.- '1~~:ti~,:fS~fjr.n' s .......,.. _W" QIJ.IoI.." *,Jj' . (]<!J~f]fi'f ~t~ Last Name: Tipton Last: Tipton Fax: 2392135868 A. Hazards to be Mitigated I Level of Protection ~':J:'j' .~ w , ~ " i I, t - J!i ~J,~ ~~~ i- Jj i -< l. Select the type of hazards the proposed project will mitigate: o Flood [8j Wind 0 Storm surge 0 Other (list): _ 2. IdentifY the type of proposed project: o Elevation and retrofitting of residential or non-residential structure o Acquisition and relocation 0 Acquisition and demolition 18] Wind retrofit 0 Minor drainage project that reduces localized flooding o Other (please explain) _ 3. List the total number of persons that will be protected by the proposed project:!! 4. Fill in the level of protection and the magnitude of event the proposed project will mitigate. (e.g. 23 structures protected against the I aD-year (l %) flood) _ structure(s) protected against the _ -year Flood (10, 25, 50,100, or 500 year) ~ structure(s) protected against 110 mile per hour (mph) winds 5. Engineered projects only (e.g. Drainage Improvements), include (attach to this page) ALL engineering calculations and design plans used to determine the above level of protection. 6. Project will provide protection against the hazard(s) above for 25 years (i.e., what is the useful life of the project) B. Project Description, Scope of Work, and Protection Provided(Must be Completed in Detail) Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate and/or a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not maintenance. Description of the existing problems- Collier County currently owns and maintains 169 signalized intersections. Experience with recent hurricanes as well as research by the Florida Department of Transportation (FDOT) has demonstrated that signal installations utilizing mast arm signal supports survive high winds without failure much better than those locations utilizing 2 Attach any continuations or additional items to this page (Form No. HMGPIFMA-OOI, Eft'. 10/30/04) Page 2 of 27 MEMORANDUM 1683 Date: May 2, 2005 To: Ellen Chadwell Office of the County Attorney From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-164 Enclosed please find one copy of the document, as referenced above, (Agenda Item #16B3) approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please contact me at 774-8411 Thank you. Linda Houtzer Enclosure 1683 MEMORANDUM Date: May 3, 2005 To: Lorraine Lantz, Right-of-Way Coordinator Transportation Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-164 Enclosed please find one copy of the document, as referenced above, (Agenda Item #16B3), as approved by the Board of County Commissioners on April 26,2005 If you should have any questions, please call 774-8411 Thank you. Enclosure MEMORANDUM Date: November 30, 2006 To: Debbie Armstrong, Property Acquisition Specialist Transportation/ECM/Right-of- W ay From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Embarq Subordinations Enclosed for your records, is a copy of the above of the referenced document (Agenda Item #16B3), authorized by the Board of County Commissioners on Tuesday, November 28, 2006. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure (1) 1683 lit RESOLUTION NO. 2005- 164 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WAY, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRNEW A Y RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO COUNTY BARN ROAD FROM DAVIS BOULEVARD TO RATTLESNAKE HAMMOCK ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 33, PROJECT NO. 60101). WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004-71 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction ofthe various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2004-71; and WHEREAS, the four-lane section of County Barn Road from Davis Road to Rattlesnake Hammock Road (Project No. 60101) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by American Consulting Engineers of Florida, along the project corridor, as depicted on Exhibit "A," are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of County Barn Road from two lanes to four lanes between Davis Boulevard and Rattlesnake Hammock Road (hereinafter referred to as "the Project") is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 1683 A 3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple interest in the proposed right of way, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary construction easements, and temporary driveway restoration easements within the project corridor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said right-of-way and associated easement interests by gift or purchase. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 6. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the respective property owners of compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution ofthe respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase ofland interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate -Page 2- 1683 . or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 8. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 10. Where the property owner agrees, through the execution of a "Purchase Agreement" or "Easement Agreement," to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. ~~h ~ THIS RESOLUTION ADOPTED on thi~ day of \' I l second and majority vote. ,2005, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: , ..""" DWIGHT E:'-Q'~~,~t,ERK A-~~~~:~~' , ..~.;c.' ." .-""I\~,,.}~,. ....... ~.:.' 1'iJ".~ 'j j~:':,,,: '_~'i ,r<i;:,', '. ., / j-;no,~., " ..- ~.. tr' , '" '. o. ~ i . By ~W. ~ FRED . COYLE, CHA N be. Item # ,to P, 3 ~:da 4-1.{,'05 Date ... -1..0 -0 t:. Rec'd -. u -Page 3- 1hB .. ~ DAVIS BOULEVARD EXHIBIT A Pa~ 1 of..-L ADDITIONAL R/W AND OTHER EASEMENTS TO BE ACQUIRED ON EITHER SIDE OF COUNTY BARN ROAD WITHIN THE BOLD OUTLINE (TOWNSHIP 50 SOUTH, RANGE 26 EAST, SECTIONS 8 & 17). J N 50 / 26 / 08 ........................................................................................................... ........................... ............... ....................... ............................................................................................................................ 50 / 26 / 17 RATTLESNAKE HAMMOCK ROAD ~, '~ ,~~ This instrument prepared by: 168 3 3885255 OR: 4087 PG: 0973 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 08/10/2006 at 01:55PM DWIGHT a. BROCK, CLBRK RBC PBB 52.50 INDBXING 13.00 COPIBS 6.00 Florida Power & Light Company P. O. Box 1119 Sarasota, FL 34230-1119 Retn: CLERK TO THB BOARD INTBROPPICE 4TH PLOOR aXT 7240 SUBORDINA TION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this ~ day of A-u.~ ,2006, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility". WI TNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such Lands, based on the following: NATURE OF DATE FROM OR AGAINST ENCUMBRANCE Easement 1/13/87 Eli Baron/Elba Development Easement 1 /13/87 Eli Baron/Elba Development Easement 7/3/80 Willett E. Wentzel, Jr. and Constance M. Wentzel Easement 7/7/80 J. Allen Fleming and Barbara . .... EIf3.'Iling. _~_ _, .c._.....''"'' .,,,^~i Easement 9/14/79 Andrew F. Ewing and Andrew W. Easement 12/9/88 William L. Jones and Barbara F. Jones Easement 9/3/76 Joseph D. Testa and Vicki A. Testa Easement 5/12/77 Joseph D. Testa IN FAVOR OF RECORDED BOOK-PAGE OR Book 1248 I .e~gf3.JZ~~ .1 OR Book 1248 j.F'~gf3.J~QQ.,... . OR Book 877 ...".,.. ....,P~gf3.~!)1,. OR Book 877 "...... . "F'~gl?~!)?, Florida Power and Light OR Book 847 .<::;()'IlP~t]y.. ...,. ,..... ,." i ".,.,.P~gf3.~1~.... Florida Power and Light OR Book 1417 g().'IlP~.t]L,......J ....P~g,~ ?~~~ , Florida Power and Light OR Book 668 . ,.. ,. , .<::;()'Il p~t]y , .. ....,. ,. ,.. "..... P9gl?~.?!)4: ,."",.1 Florida Power and Light OR Book 730 ,.. ..........<::;()rT1P9,t]y.., . ... ...,... ., .. ,... F'9gf3.'??? .,..',.", Florida Power and Light . .. '" '.. .,. g()'IlJ?~t]y Florida Power and Light ... g()'IlP~t]y...,.w., Florida Power and Light Florida Power and Light OR: 4087 PG: 0974.;. 6 n ..1. tJ 3 Easement 1/2/79 Easement Joseph D. Testa Florida Power and Light OR Book 790 1 _ ___Josep~ D~ ~e~_J_~~~da~~~;~~g~tJ~~~J __~~I~n~ Bett~J__~-",~~a ;;~Li9~~~:~~~~J Orangel~nd. Vistas, Inc., a , Florida Power and Light I' OR Book 1187 I ._,_._....-.._-,J.!~Q9J.~.~_C>Eg:.,__..._,.___J_._..___,.._.."....g9JIlQ~.IJ'i___.___"J ......-f.~g~J.!?~~___"".i __~:~~J~lo~l~;d ~~J_O~:~ Robert A. Flick Florida Power and Light I OR Book 3727 ! ___,_.__..",__"Co~~~__.___._.._,j _.-._P~~1.. 08!L".J Robert A. Flick Florida Power and Light ! OR Book 3727 I --------..--. COf!1pany._...____J ...._,..Pag~!98~__.J 6/17/80 Easement Easement Easement ,,~9E~E?~~I1_! Easement 4/8/86 Easement The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by Collier County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST:.'... :PWIGHT E. BRQCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~_ i i gn..~~':~.J." , FRANK HALAS, Chairman IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Signed, sealed and delivered in the presence of: FLORIDA POWER & LIGHT COMPANY Co rate Real Estate Manager . Corson MicI.elle Kahmanll "~ &:./ "/ ~, By: . u.... 1>' :. ' Prin' Name: . ;{:~'Y r4? L (Corp. Seal) 2 STATE OF FLORIDA, COUNTY OF PALM BEACH OR: 4087 PG: 0975 168 "2 ~ I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared J. T. Corson, to me known and personally known to me to be the person described herein, and did not take an oath and who executed the foregoing instrument as its Corporate Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corpomtion. . h WITNESS my hand and official seal in the County and State aforesaid thi251:y of My Commission Expires: Notary Signature: Notary Public State of Florida , '24~, JiiU16../ Printed Name: :!' Michelle M. Kahmann .. .,. . . My Commlllion 00242863 ~ ~ Expires SePtember 18. 2007 Approved as to form and Iega~:r7 /~ ~ F. Ashton Assistant County Attorney 3 . - ~ 168 3 OR: ~~ltifr~ 1'80--1- of~ . l~' ';.j,,'. SECTION 8) TOWNSHIP 50 SOUTH) RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 727C PROPERTY OWNER: FLORIDA APARTMENT MA TCHLlNE CLUB NAPLES REFERENCE: O.R. 2852. PG. 1054 SEE SHEET 2 OF 3 AREA OF TAKE: 0.18 ACRES :J: a ~ f-.- "'( t5CS 0 a r--..."'C~ Q::. ~ Lr) C'\j<lJ.J $: - 0 CD:<CC/J Lu S <: c) 0 gsL5 Q:: ! II + t:) <:( 0:: '" cj >- t<) ~ 0 oGt::: -...., -...., CI:l N - ~ ~ 0 Q::C/J;::::I 0 0 >- ~ "'(Of-:: 0 0 I-- a Gj QQ:;:) U) < - <: '-...- --1 Oa :::J "'( 8:< 0 () <:( () 0) FlRST HAITIAN ALLIANCE CHURCH . o.R. 2735, PG. 2800 [J -J Q "'( <'>;j- Q)l[J :::JO -J- () . 0 I-- () 0 <: Q + LJ ~ g ~~ Q::CD "'(C'\i Q. "'(Q:: "'(0 Cl Q: o c: LINE L1 L2 L3 L4 L5 L6 L7 LINE TABLE LENGTH 25.01' 10.00' 56.22' 19.00 43.00' 5.00' 14.00' BEARING N 89'34'58" W 5 89'56'53" W N 00'43'31" W 5 89'16'29" W 5 00'43'31" E N 89'16'29" E N 89'16'29" E ----- SEA CREST SCHOOL INC. O,R. 3219, PG. 2683 o o + N o ~ 00') 3;f'-. IV) -JC'\i o 00 GQ 0) IV) ~ i--,(Q Cf)- ltJlV) Q:: 00:: ~o 0) ow_____ f'-.(j-H C'\if-,:C/J f'-. Lu act: cjb!~ o6:D::J Q::o- "'(ct:c:i QQ'-' l[)-J "i-b f:!~ -l-ig - -J l -:b (Co +~ s 'I---. t:)o -""'oi "i-l[) . (C gC\J <:: 3::: c:i a:: >- -J B5 I- f-:: C/J ~ '0 < '::: Lu C/J < x a Lu C/J "'C co >- ~ ct: :;:) C/J BS- -JIV) cj. ~6: Q:: ~ '>;j- Cf)'i- ltJ'>;j- -J Q::. "'(~ :r:o o o o + co CJ) t5 g <:( <0 <f-.- ~ ~CS r--...a~ s ~ >:~ Fi :<( L5 t<) -J 3::: ~ t3~?:: g Q::ct:~ <:: riel:;:) b!a 0< Q<:( o ct: Q (Q .CD k!O- f-:,::<:C'\i 2- . ~25~ 0)~ ~ "'( '>;j-~ <:Cl~ ltJ~1V) E3 0 . l.t..Q:: c) o o + (Q CJ) o o + '" OJ o o QI I EASEMENT I T.C.E. = TEMPORARY CONSTRUCTION P.O.C. POINT ,OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O,W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE OFCOUNTY BARN ROAD AS BEING N 00'43'31" W. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 727C CLIENT: COLLIER COUNTY TR ....!J\ ::::fiGNOLI .....![) ::::=UARBER & ......13 ....... ...... RUNDAGE,lNc. Professional engineers, planners, & land surveyors Collier County: Suite 200, 74-00 Ta.:m.iami Tl'a.il, North; !'laplu, )l'L 3'10B (239}5lil7-3111 Lee County: 9990 Coconut Road, Suite 103; Bonita SprlnCI'. FL 34-135 (239)94-6-8863 CerUrJcatc at AulharJza.Uon No.. LB 366' and EB 3664 Fax: (23lil)668-2203 ION BY: W. HACKNEY, SCALE: 1" == 150' DATE: JAN, 24. 2006 DRAWN BY:~ PROJECT NO.: BOB1-CBR ACAD NO:9073-SD727C ~LE NO: 9073 EXHIBIT -8.... Page..L.. 01...3.- SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUN TY, FLORIDA PARCEL NO. 727C PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2852.' PG. 1054 AREA OF TAKE: 0.18 ACRES ::f: ~~ N~ o ~ 126+00 DA VIS BOULEVARD -iS~R,- 84) (7~..' 3. o. W) o - -0_ _ _ + to t3 -J Q <:J:: <:"<1- COLO ;:)a -J 'l-- O. f-c.::> zQ LJ ~ ~~ Q::CCl <:J::C\i Q, <:J::Q:: <:J::O C:l a:: a c: LINE L1 L2 L3 L4 L5 L6 L7 LINE TABLE LENGTH 25.01' 10.00' 56.22' 19.00 43.00' 5.00' 14.00' BEARING N 89'34'58" W S 89'56'53" W N 00'43'31" W S 89'16'29" W S 00'43'31" E N 89'16'29" E N 89'16'29" E ow........ L4 "'cj+! C\.Jf-,:CI) '" kJ -JEJ~ LJCI)'<l: O~OJ o Q::o- o <:J:: G::: c) ;j; Q 0.. '-- o ~ ~ o o + -.;t ~ ~ o o + ~ ~ ~ o o + o ~ ~ o o + a) o )..: :"( f- "'3::Cl~ C\iCl<:'-'-J 'l--d'<l:GJ -JG:::kJCI) LJ 0L:j OCl'<l: Q::~~t <:J::O~::J Q&a~ G::: ::::> 0.. f- t5~ "';2GJ C\i-CI) C()'<l:'<l: gskJ cj >-- oSt::: Q::8~ <:J::o..::::> Qo G:::Cl 0..<: '<l: w ~ci ~8 -JEJ t5C1) Q::~ <:J::O QG::: 0.. ~~ C,) C'\Jf-,: '" -JEJ LJCI) 00 Q::o.. <:J::O Qit EAST 168 3 12S+00 COUNTY BARN ROAD STA. 117+30,67 = DA VIS BLVD. STA. 128+S2.50 130+00 132+00 lC") -J L6 l<J , ;;;"0 . 0 "'l. ;<<-~ 0..... alC") U') T.C.E. = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED 1-- --- ....!J\ ::::tlGNOLI .....13 ::::: l\RBER & ......13 ...... ...... RUNDAGE,lNc. Professional engineers, planners, & land surveyors Cow.. county: Sulte 200, 7~0 TomIomI Trall, North; Nap].., n. ~]OB (23g)5g7-311l La. County: gggO Coconut Road, Bulte 103, Bonlta Sprlnp, n. ~135 (23gj_-BBB3 C..tl!lcate or Authorlzatlon No.. LB 3BlH. lUld Ell 3B6~ Fu: (23gj666-2203 s '"" ;;;0 ~oi ;<<-~ 8~ <: oC\i -J~ -JC\i CI), $c.::> <:J::Q C:l _ 'l-- 8J~ :::JIV) -J. aQ:: o. a a <:J:: a Q:: ......... s: <: 0 I Q:: I <:J:: cC co ~I >- a f- a <: 'l-- '---' ;:) It) 0 ~ 0 C> :::a o.J::::a c::::> CIC:> --..J '"'ell Q I ~ I 0 I~~ CI)-J 5:<G::: kJj:;! ~~ c::::> \..C) --..J --..J f-. ~ CI) . "<I- i=:;O Q <: . <:J::-c.::> co::r::Q o ",- <:Q::(Q L5~"<I- 8J 0 . CO a:; a , . I It)~ 1'1'0 1'-:0 ~:g kJ <: a CI) '<l: en >-- ~ G::: ::::> CI) s ~S , I ~a ,..... ll:J . ."'l8 + ~ "'l. '<!-It) 'It) 8lt) <: SEA CREST SCHOOL INC. O.R. 3219, PG, 2683 MA TCHLlNE SEE SHEET 1 OF J EASEMENT NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE OFCOUNTY BARN ROAD AS BEING N 00'43'31" W. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 BY: DESCRIPTION: PARCEL 727C CLIENT: COLLIER COUNTY TR BY: ~ HACKNEY, .S.M. NO. 5606 SCALE: 1" = 150' DATE: JAN. 24. 2006 DRAWN BY:~ PROJECT NO.: SOS1-CBR ACAD NO: 9073-SD727C1 FILE NO: 9073 ... 168 3 EXHIBIT -1L Page -3.... of....::L SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8", TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O. W,); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706.30 FEET; THENCE SOUTH 89'56'53" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 04'43'31" WEST A DISTANCE OF 56.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555.00 FEET; THENCE SOUTH 89'16'29" WEST A DISTANCE OF 19.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 43.00 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 512.00 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 14.00 FEET TO THE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.18 ACRES OF lAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. POINT >Ii >Ii >Ii c:. ::cJ ?-?::::0o <:::> ClO -...J """'=' ~ <:::> ...0 -...J ClO * * * LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS lEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727C CLIENT: COLLIER COUNTY TRA ....!1\ ::::RGNOLI .....![) :::::IoARBER & ......!B ....... ...... RUNDAGE,lNc. Professional engineers, planners, & land surveyors CoUler County: Suite 200, 7400 Tamlami Trail. North: Nap-let, FL 3410e (239)597-3111 leD Count,.: g990 Coconut Road, Suite 103j BDnita SprlnC" 11 34.135 (239)948-B863 Certificate ot Aulhorh;ation Nol'. LEI 3864 and EB 3864. Fax: {2S9)566-2203 BY: W, HACKNEY, P S,M. NO. 5606 SCALE: N.T.S, DATE: JAN. 24, 2006 DRAWN BY:~ PROJECT NO.: 8081-CBR ACAD NO:9073-SD727C1 ~LE NO: 9073 This instrument prepared by: Florida Power & Light Company P. O. Box 1119 Sarasota, FL 34230-1119 168 3 3885256 OR: 4087 PG: 0979 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/10/2006 at 01:55PM DWIGHT E. BROCK, CLBRK RBC FEE 639.00 INDBXING 13.00 COPIES 75.00 Retn: CLERK TO THB BOARD INTBROFFICE 4TH FLOOR EXT 7240 SUBORDINA TION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this 3!!'day of ~l t , 2006, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter c~County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such Lands, based on the following: NATURE OF DATE FROM OR AGAINST ENCUMBRANCE Easement 1 /13/87 Eli Baron/Elba Development Easement 1/13/87 Eli Baron/Elba Development Easement 7/3/80 Willett E. Wentzel, Jr. and Constance M. Wentzel Easement 7/7/80 ,.I. .A.llel1 Fleming and Barbara FIE?rllirlg Easement 9/14/79 Andrew F, Ewing and Andrew W. Easement 12/9/88 William L. Jones and Barbara F. Jones Easement 9/3/76 Joseph D. Testa and Vicki A. Testa Easement 5/12/77 Joseph D. Testa IN FAVOR OF RECORDED BOOK-PAGE Florida Power and Light .,g2rllECirlY Florida Power and Light ,.. ..,...",..g2rllPCirlY Florida Power and Light OR Book 1248 I mF>Ci9E?J.Z~?,. j OR Book 1248 ',.m F>Ci9E?1~Qg. ,,' OR Book 877 PCi9E? ?~1" OR Book 877 .,F>Ci9E?~!:)? ,; OR Book 847 ... .,.,.,eCi9~~1~.m OR Book 1417 ,.,.. ...PCi9E?,?~~~,..J OR Book 668 ,..,.,.,. F>Ci9E?,~?~4 OR Book 730 ,. ..,. ...F>Cige 722 Florida Power and Light .,gg}llECirlY , Florida Power and Light g2rllPCirlY", Florida Power and Light , g2rllPCirlY "... .. .. m'm Florida Power and Light COrllPCiny 168 ~.;;';... " :; OR: 4087 PG: 0980 Easement 1/2/79 Easement 11/14/79 Easement 6/17/80 Easement 4/8/86 , ".,.,!\9T~~r:!:1~~':l! Easement 8/2/04 Easement 2/3/05 Easement 2/3/05 Joseph D. Testa Florida Power and Light I OR Book 790 --.~_______Qomp_~~Y____~_.._J 1488 __~se~_~~~:~_J~. Florid~=~~~~J__~_~:~~5~ _~o~~~~ett~J ~~id~:_~~_Li9~~!_~~~1~~_ Orangel~nd. Vistas, Inc., a I Florida Power and Light I OR Book 1187 I "-" ...__..._,,--JJI.~':l~~~.c.s?~P:_...._..,..___.J.___.,_...._...,.,,..g2.Q1Bi!r:!~__.._._....i -_.".!'_~R~J~.~~.,._.,',.,j Robert A. Flick Florida Power and Light I OR Book 3617 i ...-....._.._.gs>mp~~___J __...?a9.~_39z~J Florida Power and Light I OR Book 3727 I ,..--._-_.._._-,-g..9_I!1J2~!:!Y__.....__....",._..i .......,-!:~g~JQ.~~..__J Florida Power and Light l OR Book 3727 I .---..-..-..-----~~~~~L--__..J.....J~.?!.9~._tQ~~___j Robert A. Flick Robert A. Flick The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by Collier County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. A TTEST~ "...".,~~!~',;' .".,', DWIGHTE, BROCK; Clerk ':- ~.'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY. ~~~ FRANK HALAS, Chairman Signed, sealed and delivered in the presence of: ByibllM~ ~~ Print Name: A/j"f~7'- . ~;'~[~t/~yi')OXd/~ FLORIDA POWER & LIGHT COMPANY (Corp. Seal) 2 STATE OF FLORIDA, COUNTY OF PALM BEACH OR: 4087 PG: 0981 16B I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared J. T. Corson, to me known and personally known to me to be the person described herein, and did not take an oath and who executed the foregoing instrument as its Corporate Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. "r1-.11 ra WITNESS my hand and oftkial seal in the Cnunty and State aforesaid thi.!2 day n~ '006. My ConurusslOn Expires:' Notary SIgnature: 1lU~Q C' 1\tv Notary Public State of Florida Printed Name: ~rj; ~" 1<81111\6"" '\; ~ i My CommiQion 00242883 Op ro,d"" Expires September 18, 2007 Approved as to form and legal sufficiency: j'-----' H idi F. Ashton Assistant County Attorney 3 EXHIBIT A...,.,.. Page~,.of_ 7~ OR: 4087 PG: 098t.. ", 168 ;; SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 101 PROPERTY OWNER: MHC...,NAP.LES ESTATES LIMITED PARTNERSHIP REFERENCE: ..Q.R. 2476. PG. 2427 AREA OF TAKE: 0.58 ACRES :l: PERPETUAL, NON..exCLUSIVE ROAD RIGHT .QF-wAY, DfWNAGE . AND UTJUlY EASeMeNT C\J I- ~ ::;:)- - ~I ~t ~ - t(:) t301- C)o..~ c5 ~~ /?: (:)- "'(o:j 8J~ $: 52 '. ,~ . '\.i '. ~,.' LJ C::i ~ ~ ~ -.I ~ Q- OO'lLJ a~ . ~CQ,~ l:B0eJ Ct:o..l:E Cj ~::;:) I--co ~"':l . t <r) CO ::CO "'(a.. -.I l- s! C.,) ~ T.C.E. == TEMPORARY CONSTRUCTION P.O,C. == POINT OF COMMENCMENT P,O.8, == POINT OF BEGINNING R.O. W. == RIGHT -OF-WA Y "-'--" THIS LEGAL DESCRiPtION AND SKETCH PREPARED BY: MA TCHLlNE SEE SHEET 2 OF .3 ~ ~ I ~ 31 ~r; ~~' ~~ -J lJ.J~ <.:l(rj ~:'l: i;i I ~I.,j 'I- I~)... tf3 I gs~ A J::: -8 ~:::, + '1-) CD ~ N f.- a -J I 11 +27.32 57.00'R ~I 31 Cl Co d co .f ,I I Q:::--:- 0) I<:~ ~ 0:;:0 l<J 0 ~~ . 0 (t) .ll) + .. "1- '<t' ~2 ~ N 0 ~c 0 tr) 'C) () g + N N g + o N I I I :l:: . . (t)0) .!0~ "1-i!2, h(t) 8~ <: +O.OQ 50. Q'R :i:: ci a:: )... -J ~ C/J L5 t.'l ~ C/J X I.,j 8 1 a:i ; I o : I tr) I I t3 ~' ~h O?CJ 15Cl~+i' - )..:' (rj (!) :<l:i:3W IN~ f:3 (jo.,<.JCl~~ ~- O:;:O-Jco ~Ct::J:::lf) Io..a:::,c::; ~a'-- . 0<: (t) Q. ~ ~ 0 ~. g: , co':, ' l<J . (t) .ll) co P Ci <: ), I"l/ s ~ 1'-..f...: 1 I .1 1 I 1 dE] C.,)VJ Ct::0 ~& Qg: ~ ~ N~ ~ ~ o CI) 9:: ~ 8J ~ Ct::' ~ a.. @~ ~C\J -.....; -.10 Y')o.. ~cO ~K. ,~ ~C\J ~~ Uj' .,..jO a.: ~ 6 ~ EASEMENT NOTE: BEARINGS' ARE .81-;5[0, ON 'THE SURVEY BASELINE OF COUNTY BARNJ"RO'AO"~AS'"BEING N 00'.34'56" W. LEGAL DESCRIP:;TrON:~'A~6':'SKe:TeH,' SHEET 1 OF 3 DESCRIPTION: PARCEL'<'.101" ". CLIENT: COLLIER COUNTY., TR NSPORT ATION":DIVISION ....~ ::::tlGNOIJ .....5:) :::::i[)ARBER & ......13 ...... ...... RUNI:JAGE,lNc. PrOfessional engIneers, planners, &: land surveyol'll CoUlor Counly: Bullo 200. 7400 TomJunj Tun, NorUl: Napl.., ~ 34108 (230)8g7-3111 L.. Counly: gVVO COO<lnul Road, Bullo 10S1 Bonllo ll"priar', n. 114138 (2SVlg4Al-8883 CortUl.alo .r I.UUloriuUon N... III ~iU and .:s 3884 p.,.," (23V}MS-2203 05 05 BY: G 0 E W. HACKNEY, L.S.M, NO. 5606 SCALE: 1""'; 1 00' DA TE: MAY .6.. ' 200Q DRAWN By: ~ PROJECT NO.: B081-CElli. ACAD NO:.9.073,...SD101 FILE NO: 907~ '~HIBIT -LL Page~& - 0( 7c2_ OR: 4087 PG: 0983 ~ SECTION 17, TOWNSHIP 50 SOUTH, RANGE, 26 EAST COLLIER COUNTY, FLORIDA ' PARCEL NO. 101 PROPERTY OWNER: MHC.,..NAPLES ESTATES LIMITED PARTNERSHIP REFERENCE:: O.R. 2476. PG. 2427 AREA OF TAKE: ..Q;S8 ACRES :!: ~ ,~ ~ II N~ ~ ~ G CI) PE~ NON-eXclUSlVE ROAD RtGHT~~y, ~GE AN) UTJUTY'EASaENi T.C.E. = rEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY '~ ~, - J- 0) 0;) ~ . (Q ,!() ~ 8 '~ , I I I ,~ Ltj I 5ej t'-..f..,.: I [jEj ClUj a:::~ I ~.~ I I P.O.B. t5 :q:, ~f.- I ~Cj C5Cl~4i' I-)..:'Uj~ ~i:5~ N t5 ()Cl~~ I 6- ct 0:: ~ ~. ~~:::,o 1 \.iJ C:l '-.:.0 gs<; Q..'<l: , 0, ~ ~ t--: ..... (Q 0;) ~ ~ ~ :::i ~ f5 & 0:: Q.. ~ ~ <: 9::: ~ eJ ~ a::: ~ @~ ::E~ :::i(!j Y'>Cl ~'(Q ~~ f2~ Y'>O:: kJej a: '-.:( <: I () ~ MA TCHLlNE EASEMENT SEE SHEET 1 OF J f::1Q.JE;.. BEARINGS" ARE: BASED ON tHE SURVE:Y BASELINE OF COVNT}'.,?ARN"RQAD As BEING N 00'34-'56" w., LEGALDESd~IP.TioN".AND""SKETCH SHEET 2 OF 3 THIS LEGAL OESCR IPTI ON AN D SKETCH PREP AREO BY; OEseRI PliON, P ARCtL ',' D1' " CLIENT: QOlllER .COUN}Y-- TR , SP.ORT A TloN DIVISION "...~ :::: GNOU ..... ::::: ARBER & ......(3 ...... ...... RUNDAG1J:,llfC. Professional engineer's, plannerS, &. land surveyol's com.,. e.UI1t;r. Sult. 200, 7'<10 TIlI1lIll1l TrllJ, North; Ill)ll.., n. 1I41l1& (2:lO)~D7-S111 L.. Co""t.r. DDOO eoool>lIt Ro.d, Ifu1l.o 1031 B01lIla SPriDIt, n. 1l413e ll~D)G4lI-1\483 C4lrtUloale at J.lIthorl.u.Ual> Ka.. LB ~ IJld 1:8 ll8U rllll UD)cle4I-1I01 o J I o ~,I I + ' . ~ 3; I --+; ~ I I ~ ~ I 8 ~ I I + ...J -~~~ ~ I J 0 31 I """--. ......~., I I ~o' ct. t ~ct t3 r ,~b ...J 1-0 ~ II~c o---:-......!/ 0, ~ lr)' I () ,C\j ~'I I'j i- Q ~ ~ I I I- ,'I- ~ as t31 Lu~ ~<."U) , I ~ i:5 r--.. O::~ ~ I 0,_ o i- ir,~ ~3-r! ~:::, --g ~~" i- . ~' ~ '- - ~- - ~I '~ CO ;"tC~ .... - II Y'> ' LU(!j1-.. ClCl~ CS~~ ~- ~cg LWo.: S 52 ~. o ~, ).. -.I ~ ~~. .(1) ,Ii') ~ ;"l; ':t ~ "-' ~ <0 <." g ~ ~ <:: (/) X L,j ~. O:l 0;) '<f Lu 0) ,<: ~ a Uj t.J tii ',fg ').. ,~ ~, S D V) r.t') Cl :1 o ...J BY; G OR E . HACKNE I P.S,M. NO. 5606 SCALE: 1" = 10Q' DAlE: MAY 6. 2005- 'DRA'vVN BY;~ 'PROJECT NO.;B081-C~R ACADnNO:.9073-SD10lA FILE NO: 90zJ. EXHISIIT-L Page_:3 I of 7,j ,. - I SECTION 17, TOWNSHIP 510 SOUTH, RANGE' 26 EAST COLLIER COWNTY, FLORIDA ! I, I LEGAL D~SCRIPTlON (ROADWA Y, DRAINAGE f.ND UTILITY EASEMENT) PARCEL 0, LAND LYING IN SEcnDN ,17, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MOIRE PARTICULARLY DESCRIBED AS FOLLOWS,. , BEGINNING A T THE NORTHWESTERL Y CORNER OF' THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2476, PAGE 2427, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER L YINp ON THE EASTERLY RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O. w.p,' THENCE SOUTH 00'J4'56" EAST ALONIG SAID EASTERL Y RIGHT OF WA Y LINE A DISTANCE OF 1694.88 FEET,' THENCE LEAVING SAID RIGHT OF WA Y LINE NORTH 01'08'56" EAST A DISTANCE OF 827.66 FEET; I THENCE SOUTH 89'J8'51" WEST A D/~TANCE OF 8.00 FEET; THENCE NORTH 60'J4'56" WtST ALONp A LINE 17,00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 867.16 FEET TO AN INTERSECT/ON WITH THE NORTHERL Y LINE OF THE AFORESAID PARCEL; THENCE' NORTH 89'11 '52" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 17.00 FEET TO AN INTERSECTION Vr1T~ THE AFORESAID RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HERON DESCRIBED; ! CONTAINING 0.58 ACRES OF LAND MORE OR LESS,' SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. I i I OR: 4087 r60~4- 3 I I I R~~~uslve AM) lITIt.rtY ~Y, DRAINAGE I EAseMeNT , I I I . , THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LdGAL DESCRIf"TI,ON: :AND..'$KETCHSHEET 3 OF 3 DEstRIPTION: PAR'C5L.tb1' ':" '. ".' ., ' I '.,.. ': , '. CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION I ., '.,'. " ... ....!)\ ::::C1..GNOlJ .....I!:) :::::UARBER & ......13 ...... ...... RUNDAGE,lHo. PrOfessional engineers, planners, &. land surveyors coml. c.,untr. 8ult4 200. 7400 T1mlllni TuU, Norlbl Nlpll., PL S'loe (23g)~g7-31l1 L.. Countr. gggO Coo<>nut R<lld, Bult. 103; BolllLt. Sprint., It 34138 (2!g)g~-BBB3 CI>'UtIoOt. 0' .l.ut.hori'oUon No... UI s~, bd Ell see, r..., (ZSg)~-2203 '.8Y:.::~ . 05 .EO G~.' :H"A EY, P,S.M, NO. 56()6 'SCALE:.,.. N.T;S. DATE: MAY6..200Q DRAWN' BY:~, PROJECT NO.:!3081-C8R ACAD NO:.9073-SD1b1A FILE NO: , g07~ TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA MA TCHLlNE SEE SHEET 2 OF 4 SECTION 17, PARCEL NO, 701 PROPERTY OWNER: MHC-NAPLES ESTA1ES L1MI1ED PAR1NERSHIP REFERENCE: O.R. 2476, PG. 2427 AREA OF TAKE: 0.60 ACRES :!: w ~ c:i :5 ~ Q_"'l:( oO)W a r-!. <J S:O:> ~ - t8 c:) eJ Cl::ClH: C,j -~ .....-Q:) "'l:(tt) . . cnCl:lp:l "'l:(Cl -J ..... ~ C,) ~ to 00 esa ~tt) ~c:) ~Cl Q 0)" 0::0:> "'l:(":j- G~ a::ct d EXHIBIT -A- page-i- of 7 d. OR: 4087 PG: 0985 16 'I ' . d 3 EAST o o + OJ .... ~~ N~ O ~ G U) o o + co .... o o + r-- 4J ~ i:iJ (.rj '<( QJ >- ~ gs U) o o + co Cl LJ"""'" ~ 'b . - +i Vj 'D Ou eJ Q a ~ "-J..,;U) d ~ ~ 4J ~ 0) 0) -J Cl e3 O::~ lu t3~'<( 0:: S a Ci: ~. . . 0:: Q.. a 0::0 'D 'D "'l:(O(Q "'l:(' .Il) .Il) Cl ~ c:) ~~ Q:)O:: 'I- 'I- Q..-.:... t') t') " a a ~g 0 a ~~ ~- Vl <:: - . ~'-" -.lC,j 0 y,Cl C,) ~tO s: ~~ S 6 ~~ . . n:: y,ct (QO) >- LW' Il)a -J -.10 ~~ ~ Q t')'D ~ gt'\J CI) ~ <:: L5 I C,) (-'l ~ <: ~ U) X 4J o o + Ii') o o + ~ .... 8 + I"') .... 8 + N I I - - -~J .... .... S 89'25'22H E 10.00' '~ EXiSTING NORTHERLY f? O. W. LINE RA TTLESNAKE HAMMOCK ROAD (C.R. 864) (R.O. Y{. VARIt:S) EASEMENT ~ BEARINGS ARE BASED ON THE SURVEy BAStLlNE OF COUNTY BARN ROAD AS BEING N 00':34'56" W. . LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: ~ARCEL 701 CLIENT: COLLIER COUNTY' J, NSPORTATION, DIVISION T.C,E. = P.d.C. P.O.B. R,O.W. TEMPORARY CONSTRUCTION - POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY ....~ ::::tlGNOLI .....13 ::::: t\RBER & ......13 ...... , ...... RUNDAGE,D<c. Professional englneer's. planners, & land surveyors CoW.. Cauno/. 8uI~ 200, 7<lllO Tamlaml TroJl. North; Napl... J"L 341Dll (211g)~g7-3111 t.. eoano/. ggllO Cooonat Road, 8uI~ 103; Bonita Spr'ln,p, n. 34131l (232)D4l1-SSS3 c.rtJJI....ta ot Aathorlu.Uon If... UI 311&4 ...d liB 3IlM laz: (132)688-1203 -1:69.00, 50,OO'R 8 31 05 BY: GE GE W. HACKNE P,S.M. NO, 5606 SCALE: 1" - 100' DA TE: AUG. 22. 2005 DRAWN BY:~ PR.oJECT NO,: 8081-CBR. ACAD NO: 9073-SD701. FILE NO: 907J. TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA MA TCHLlNE SEE SHEET .3 OF 4 SECTION 1 7, PARCEL NO. 701 PROPERTY OWNER: MHC-NAPLES ESTATES LIMITED PARTNERSHIP REFERENCE: O.R. 2476. PG, 2427 AREA OF TAKE: 0.60 ACRES :i: EXHIBIT A pageL of...2J... ~ ~ I ~ 31 +37.28 77.00 R +27.32 57.00'R "a o cQ i;j cQ C\j I- ~ :::>- - ~~ ;<:c a t f..;: - ~(!) y, ~ Llj<31- Qo..~ c5 ~~ g: (!)- oq:cx:i eJcl ~ C2 ~~ ~~I ~~ Lu~ ~VJ '" I ~w :: I~~ 311 .c~ -~~:1i1 ~S N ~ a -J I h ~I "<I- sl Q 6-., O::s: :z:. a::: 0 oq:' CO~ >-.0 1-0 :z:- :::>'- a <...:l LJ ~ c:j :5 ~ Q-oq: OO)LJ r--. I . ~r....<...:l ;<:: co ~ [:J<3eJ O::Q.~ (!) ~:::> I--CO oq:~ . t ~ g: tCO -J I- -J <...:l ~ '<:( g: o o + N N o o 6 N ::: Lu to "t- Oo ~ 0) co U) 168 3 ~ ci a::: >- -.I eJ i.::::: (I) L5 " <: ~ (I) x LU . I<") "t- Oo ~ 0) co <: EAST ~~ N"- ~ ~ (5 It) 9:: ~ 85 C> ~ :::t::f C:::: oq: 0.. ~ f;j~ <:::> 00 ~"<t- -..;J --C\j ~ ~ Q -J<3 y,o.. <:::> ~ co~ '-0 ~t'-. 00 "':j- 0"'\ ~C\j y,ci Llj' -JO 0.. oq: :z: I () ~ MA TCHLlNE EASEMENT SEE SHEET 1 OF 4 ~ BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00'34'56" W. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 701 " CLIENT: COLLIER COUNTYTRANSPORTA TJON; PIVISION T.e.E. = TEMPORARY CONSTRUCTION r.O.c. = POINT OF eOMMENCMENT P.O.B. = POINT OF BEGINNING R,O.W, = RIGHT-OF-WAY ....:'\ ::::tlGNOU .....!::) :::::UAtmER & ......13 ...... ...... RUNDAGE,llfC. Professional engineers. plafiners, &: land surveyors CoWer Count,., SuJt.. 200. 7400 Tamtunl Tn.ll. Horthl KapI.'t n.. 34108 (2Sg)6rn-3111 L.. CounlY' ggPO Coconul Rood, SuIt. 103: Bonl~ SpriJip, n lI4135 (23P)g4l-8853 c...unaot. ot J.ulhoJ1..Uon No., Ul SM4 Uld EB 38e~ Pox: (238)688-2203 8/31/05 BY: t5 -<( ~I- ii?r5 -c~ o ~ _ )...' v, ~~ cd;:: ()~~ a:::0::J oq:O::~ Q.c==> b]a ~ ~ ~~ ~ ~ 2: ::: Lu Lu <: d (I) -<( Cl:l >- ~ 0:: :::J (I) ::: GEaR E W. HAC~NEY, ,S.M. NO. 5606 , SCALE: 1" = 1 00' , DATE: AUG. 22. 2005 DRAWN BY:~ 'PROJECT NO,: 8081-CBR ACAO NO: 9073-SD7016 FILE NO: 9073 , <0 .tt) co P o . . <00) tt)O ~~ ~<o 8C\l <: W--'" 5cJ-H t'-.f-,:(I) Lu cdEa~ (j(l)-<( 0:::00 '<:(~(Q 0..0:: . Q-2- +O.OQ 50.00'R .., EXHIBIT A- 16 B 3 page.J.a..... of..2L SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 701 PROPERTY OWNER: MHC-NAPLES ESTATES LIMITED PARTNERSHIP REFERENCE: O.R. 2476. PG. 2427 AREA OF TAKE: 0.60 ACRES :f: ~~ N' ..... O ~ d CI) ~ I- ~ :::l- - ~~ ;q: 0 II ~-,p ~(SI- ao...~ c5~g: <:..:l- ~a:i BSa: s: CE P.D.C. P.D.B. o J I o ~ 1 I ~ ~ I I ~ ~ I 8 ~ I I -~ ;: I ~a 31 I ct:~ J I~d ~ ~a:: ~I )..'0 ...J 1-0 ~~c 8 I 18 + It) N ~ t") =:\ o ...J ~ ~ I I 10- ~ ./dCij 31 t5a ~~~ .... Q::1: ~ I Cl_ . -J o I- lI') ~ ~ 3-r-:{C'.l::::' ----- g 0\ :1 () ? ~I o ...J ~ <::) a: >- -J ~ '<0 ~ If) Y'l . ~ 't ~ ..... ~ co ~ 8 t'\l ~ <: If) X L,j ~ lLJ ~ . . t'\l ~ Y'l - - r- r- 0') 0') co co U) <: kJ 3; [j (fj "( en >- ~ Q:: ::::, If) lu ~ ~ -'"- ~Cj ""'Cl~ 2 )..: ~ ~~ -1;:: t3~c Q::O:J <<:Q::~ Qc::::' bja 0<= . 0.. "( '" 0 co ~Q:: - 19Q.. r-.: co co co ~ lLJ . . co ,;g Y'l 't 't ~ ~ 0 0 0 0 <: U) \ kJ 3; -J C eJ 0.. o Q:: 0.. >- -J eJ 2: gs ~ 9: ~ BS ~ Q:: ~ Q c::> @~ ::.::t:J o-J::::oo 5E~ <::::> - 00 -Jc3 -...J v>Q >-c ~ .. ;q:~ Q ~-..r f3~ <::::> ....0 v> a:: 00 LUd -...J -J Q ~ I 0 ::t ~ MA TCHLlNE EASEMENT SEE SHEET 2 OF 4 .t:JQIr;., gEARINGS ARE BASeD ON tHE SURvty BASeLINE OF COUNTY BARN ROAD AS BEING N 00'34'56" W. LEGAL DESCRIPTION ANCL,SKETCH SHEET 30F 4 ' .. '.. .. . THIS LEGAL DESCRIPTION AND SKETCH PREPARE/) BY: DESCRIPTION: PARCEL 701 ~'--' " . CLIENT: COLLIER COUNTY' TRANSPORTATION' DIVISION T.C.E. = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O.S, = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY ....!J\ ::::l-i.GNOLI .....(3 ::::: >\RBER & ......13 ...... ...... RUNDAGE,Dlc. PrOfessional engineeI'll, planileI'll, & land surveyors CoW.,. County; Sulta 200. 7400 TUDlUDl 'l'rall. lIort.hr lIapl.., r'L a.UOll (2:lG)eg7-3111. Loa County; gggO eooonut lIoa4, Sulta 103; Bonlta Bprlnp, n. 341116 (13g)94a-ee83 CcM.u1..ta of .luthorinUon /(0'. 1.11 _ ....4 D 38M raz: (13g)eee-UOS lJ,j'""' C(j-H "-f-,:Yl L,j 'Q:: LjEJo UIf)'<( a:: 00 -q;:~\() 0... Q:: . 0..-2. B 31 05 BY: E RG W. C EY,.,"P .M. NO. 5606 SCALE: '\"= 1 OQ'/ "DA TE: AUG. 22. 2005 DRAWN By:~",'f,PROJECT NO.:B081-CBR ACAD NO: 9073':::'50701 B FILE NO: 9073 EXHIBIT -L 16 B Page--2- of-U..: ' . .. SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHWESTERL Y CORNER OF THA T PARCE:L DESCRIBED IN OFFICIAL RECORDS BOOK 2476, PAGE: 2427, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE SOUTH 89'11'52" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING OF THE PARCE:L HEREIN DESCRIBED; THENCE LEA VING SAID NORTHERL Y LINE SOUTH 00'34'56" EAST ALONG A LINE 17.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE: A DISTANCE OF 867.16 FEET,' THENCE NORTH 89'38'43" EAST A DISTANCE OF 8.00 FEET; THENCE SOUTH 01'08'56" WEST A DISTANCE OF 827.66 FE:ET TO AN INTERSECT/ON WITH SAID EASTERLY RIGHT OF WA Y LINE; THENCE SOUTH 00'34'56" EAST ALONG SAID EASTERL Y RIGHT OF WA Y LINE A DISTANCE OF 931.00 FEET TO AN INTERSECT/ON WITH THE NORTHERL Y RIGHT OF WA Y LINE OF RA TTLESNAKE HAMMOCK ROAD; THENCE SOUTH 89'25'22" EAST ALONG SAID NORTHERLY RIGHT OF WA Y LINE A DISTANCE OF 10.00 FEET; THENCE LEA VING SAID NORTHERL Y RIGHT OF WA Y LINE NORTH 00'34'56" WEST ALONG A LINE 10.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 931.06 FEET; THENCE NORTH 01'08'56" EAST A DISTANCE OF 837.78 FEET; THENCE SOUTH 89'38'46" WEST A DISTANCE OF 8.31 FEET; THENCE NORTH 00'34'56" WEST ALONG A LINE 27.00 FEET EASTERL Y FROM AND PARALLE:L WITH SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 856.95 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE: OF SAID PARCEL; THENCE: NORTH 89'11'52" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 10.00 FEET TO THE: POINT OF BE:GINN1NG OF THE PARCEL HERE:IN DESCRIBED; CONTAINING 0.60 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. LEGAL DESCRIPTION AND S,KETCH SHEET 4 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: P ARCEL...::lO)<:>, . ._,; '. ;'" ' CLIENT: COLLIER COUNT'Y/T,B"A PORTA'TION DIVISION ....!1\ ====H..GNOU .....(3. ::::: ~BER & ......13 ...... ...... RUNDAGE,tNc. Professional engineers, planners, & land surveyors Colli.r Countr. Sulte 200. 7~0 T&mJoml Trall. North, Napl.., FL 3+108 (23G)Ga7-3111 Le. Countr. aaao Cooonut Ro.d, Sulte IDS, Bonlt.a Sp~.. FL 3+ISG (2Sa)G-'8-8GGS CertUloalo or AuthorlzaUon No.. LB 38M and ED 38G" Fa>:: (23a)lI88-2203 8/31/05 9/09/05 BY:" ,P.S.M. NO. 5606 SCALE; ,N.T.S. DA.T5~'AUG. 22. 200Q. DRAWr\F;'BY:~n.c:PROJECT NO.: 8081-CBR AcAD NO:,9073-':SD701 El FILE NO: 9073 PROJECT NO: 60101 PROJECT PARCEL NO: rr; QQ A FOLIO NO. '70CLJ;}':J.~80C07 ~ <:J: uj -J Q c::i Q ~ Q :=:: ~ -. <:J: 0" uj I G I'-... (j co f-- c.:S fB' "l: a.. t: ~ CJ) ('J ~ "l: co -J ~ ~ -J ~ f-- l...l ~ I LEGAL DESCRIPTION AND SKETCH TElvlPORARY CONSTRUCTION EASEMENT SECTION 17, TOWNSHIP 50 SOUTII, RANGE 26 EAST (NOT A SURVEY) THE EAST 10 FEET OF LOT 456, RIVIERA GOLF ESTATES, AS RECORDED ~ IN PLAT BOOK 13. PAGES 108-111. OF THE ~ PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. i::: [5 ~ 3: ~ ~ WEST PROPERTY UNE SHEET 1.. OF 1.. L 30'.J ~z::~ I ]' 60 -.. b UMrrs OF SUBDIVISION LOT 456 ~~ ~V ~~ ~ q,'f: (,:<- ~~ ~ RIVIERA GOLF ESTATES UNIT 2 P.B,13, PG. 108-11 I LOT 455 R/W LinL _ [EXISTING 25' DRAlNNJE EASEMENT (PER PLAT; ----------------- ------------------------- R/W Line -- ~ :=:t:J 10' CONSTRUCTION EASEMENT ~ <::> ex:> -...J t} ~ ~ i!: Q R/W FOR COUNTY BARN ROAD (CR.268) EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR 268) "'U Q <::> ...0 ex:> ...0 R/WLine --- LEGENDr RIW . RI GHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD "\lAmerican ...,., Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: {813} 996-1908 Certificate of Authorization No. 7110 Joei C. McGee, P.S.M. No. 8430 COL.I..lER COUNTy DEPARTMENT OF ~A170N DRAWN BYI JCM CHECKED BYr SP DRAWING DATEr 08-18-05 SCALEr I N.30' EXHIBIT A pege.L-.of..1a- PROJECT NOz 60101 PROJECT PARCEL NOz rytJd. B 168 "' FOLIO NOR 0 SHEET L OF L L 30'--1 LEGAL DESCRIPTION AND SKETCH Oc Z ~ TEMFORARY CONSTRUCTION EASE11ENT (NOTA SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST WEST PROPERTY UNE RIVIERA GOLF ESTAJES UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT 455, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES /08-/11, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ~ :j LOT 456 R/W Line t LOT 455 e:i LOT 454 ~ g: [EXISTING 25' DRNNNJE EASEMENT (PER PLAT) ~ ~ ~ --------------- ---------------- ------ UMITS OF SUBDN/SION --------------~--- c::> R/W L. ~ , I ne __ 10' CONSTRUCTION EASEMENT ..r;::.. c:> ex:> -....] ~ ~ :::.: f!: Q R/W FOR COUNTY BARN ROAD (CR. 268) EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR 268) """C G":li c:> '--0 '--0 c:> LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER Cone.. CONCRETE R/W Line - -- '-- - ~~~t~~~~~e~" of Flocida, LLe: 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: ,(813) 996-1908 Certificate of Authorization No. 1110 Joel C. McGee, P.S.M. No. 6430 COUlER COUNTr IJEP.A.RTMENT OF 1'RA.NS.PoRTATION DRAWN BY. JCM CHECKED BY. SP DRAWING DATEr 08-18-05 SCALEr /".30' EXHIBIT A Page~ of..JL ,,"'" ;; FOLIO NO. O~}.d. ~o (j CJ6 9' PROJECT NO: 60101 PROJECT PARCEL NO: ~oaH SHEET L OF L L 30r I LEGAL DESCRIPTION AND SKETCH :c Z ~ TEMPORARY CONSTRUCTION EASE1vIENT (NOT A SURVEY) /\ SECTION 17, TOWNSHIP 50 SOUTH, RANGE-26 EAST LOT 450 LOT 449 WEST PROPERTY UNE RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT 449, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES 108-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 447 CONSTRUCT/ON' EASEMENT R/W LIne [EXISTING 2.5' DRNNME EASEMENT (PER PLAT) --- ---------------- ----------- ---- C> ~ ------------------------- o.J:::a <::> ex> -...J ""'ClI ~ <::> "-0 "-0 ~ --- 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BMN RONJ (CR.2.68) LEGEND. R/W . RIGHT OF WAY LS . LAND SURVEYOR I ~ . J I CEN P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD R/W FOR COUNTY BARN RONJ (CR.Z68) (WIDTH VMIES) _R/W LIne ~~~t~[~~~2" of FI"lda, LLC 4111 Land O' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 COLL.lBR COUNTY DEPA.RTHENT OF 1'RA.N:sPoRTATrON DRAWN BY. JCM CHECKED BY. SP DRAWING DATE: 08-18-05 SCALE. I H.30' EXHIBIT A pagejL of '7d.. PROJECT NOz 60101 PROJECT PARCEL NOz f7~aI LEGAL DESCRIPTION AND SKETCH ~ Z TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES ~" WWT2 :~~ P.B. 13, PG. 1 08-111 /:)~ ~~ F 10 NO. lc)G~ /goooOY SHEET .LOF .L L 30' I ~ ;; l n , {) ."~,, ~.. ~.. ., 'I..; 3 THE EAST 10 FEET OF LOT 429, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES 108-1 I I, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. WEST PROPERTY liNE ~ :::J ~ "'" -..J ~ lli ~ 3: ~ ~ LOT 429 ~ [5 ~ g: ~ ~ <: LOT 432 LOT 428 LEGEND, R/W . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM · PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD c ~ 4 C o .., C; --------------------------------- [EXISTING 25' DRAlNME EASEMENT (PER PLAT) ----------------- c: '" '" ["0.. -- ---------- R/W Line ~ R/W FOR COUNTY BARN ROAD (CR.268) fWlDTH VARIES) R/W ~t~t~[~~~~, of F1oe/d" LLe 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 Une- 10' CONSTRUCTION EASEMENT EAST PROPERTY liNE' & WESTERLY R/W liNE OF COUNTY BARN ROAD fCR.268) --- C'OU.JER. COl1NTr DEPARTMENT OF' 'l'JU.Nsp(:mTA. 710N DRAWN BY: JCM CHECKED BY, SP DRAWING DATE, 08-fa-05 SCALE: I N.30' EXHIBIT A Page-LL of-2L PROJECT NO: 6010J PROJECT PARCEL NO: f.--;06J ~ LEGAL DESCRIPTION AND SKETCH TE1vrPORARY CONSTRUCTION EASE1v1ENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108-111 FOLIO N . 70(P~17::<ooo SHEET.L OF .L L 30' I Z~ "~M ,Af" II iti, " ft/-', ,J',~ to...,(~i t," THE EAST /0 FEET OF LOT 427, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK /3, PAGES 108-1/1, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. , -D~.lL.tlJ LOT 428 WEST PROPERTY UNE ~ :::i ~ ),., h :::i tiS ~ ~ es 8: ~ ~ LOT 427 g: ~ ~ @5 ~ ------------ ------------------- [EXISTING 25' DRAlNNlE EASEMENT (PER PLATJ ----------------~ ----------- LOT 426 c ~ . RM LIne o-J C o .., G s R/W FOR COUNTY BARN ROAD (CR.268) iW C "-It "-It 10' CONSTRUCTION EASEMENT u EAST PROPERTY liNE & WESTERLY R/W liNE OF COUNTY BARN ROAD (CR.268) '~~~':[~~~e~" of Flo,ida, LLe 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34539 Phone: (813) 995-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 5430 RM Une - LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C. R. . COUNTY ROAD -- -- ::: COLi.JER COUNTY DEPARTMENT OF TRA.N'sPoRTA.170N DRAWN BY. JCM CHECKED BY. SP DRAWING DATEr 08-18-05 SCALE. 1-'30' EXHIBIT A page-Lh- of...2L. PROJECT NO: 60101 PROJECT PARCEL NO: 7 ()d, N FOLIO NO.6) I ( (POOO SHEET .LOF .L L 30' J LEGAL DESCRIPTION AND SKETCH ~ Z ~ ' TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUill, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P,B, 12, PG. 110-111 "1~ .I ~O ,.,I;..... THE EAST /0 FEET OF LOT 365, RIVIERA GOLF ESTATES, UNIT ONE, AS RECORDED IN PLAT BOOK /2, PAGES /10-1/1, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE 4sr PROPERTY UNE LOT 425 ~ :::J t:: f5 ~ a: ~ ~ LOT 365 fg ~~ ij u ~ :::J ~ t5 ~ a: ~I g:: ~I [EXISTING 25' DRNNME J EASEMENT (PER PLAT) - --------------~---- c: ::::t.:: ------------------------------- / ...-::= c::: ex:: --.; R/W LIne ""'0 , G":I R/W FOR COUNTY BMN RO.4D (CR. 268) S) 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BMN RO.4D (CR. 268) c= ~ ~ ..t::::o ~ R/W ~~~,~:r~~2" of Floclda, LLe 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 Une- LEGEND, R/W . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD -- -- ~ COLl.iER COUNTY DEPARTMENT OF 1'RA.NsPoeTA. TlON DRAWN BY, JCM CHECKED BY, SP DRAWING DATE, 08-18-05 SCALEI 1-'30' EXHIBIT ..A- pageJ:L ofJL, "1' 6 n b to'Ii: /I / FOLIO NO. ...__ h_... ... ~_._...... ... "'._ __.. PROJECT NO: 60101 PROJECT PARCEL NO: 70(;;, 0 D60? ' SHEET 1. OF 1. L 30t J LEGAL DESCRIPTION AND SKETCH Z ~ TEMPORARY CONSTRUCTION EASE11ENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, RIVIERA GOLF ESTATES UNIT 1 P.B. 12, PG. 110-111 THE EAST 10 FEET OF LOT 343, RIVIERA GOLF ESTATES, UNIT ONE, AS RECORDED IN PLAT BOOK /2, PAGES 110-/ II, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE L PROPERTY UNE (g ~~ ~g ~~ U ~ ::j ~ [5 ~ Ia: ~ I~ ~ -.; -.I LOT 343 ~ ~ ~ a: ~ @5 ;;:; LOT 342 [EXISTING 25' DRA/NME EASEMENT (PER PLAT) ----------- ----------------- ----------------- ~ G':) R/W FOR COUNTY BARN ROAD (CR. 268) (WiDTH VARIES) 10' CONSTRUCTION EASEMENT EAST PROPERTY liNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR. 268) c:> '-.0 '-.0 <.J1 s R/W ti..)American ,.,- Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 Une- LEGEND. I . LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD -- ~ COLl.JER COUNTY .DEPA.RTMENT OF TRA..NsiJoRTA.TION DRAWN BY, JCM CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. I H.30' EXHIBIT A PageJ.:L of-1L PROJECT NO. 60101 SHEET -'-OF -'- PROJECT PARCEL NO. '10e, \0 , 30' , LEGAL DESCRIPTION AND SKETCH '- Z ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SQUTII, RANGE 26 EAST RIVIERA GOLF ESTA 1ES UNIT 1 P.B. 12, PG, 110-111 ;J ~. A ~ '-w t~_,;,f' ......-- "-..-.'''- - .. FOliO NO. oS 7(/2 Y 600S THE EAST 10 FEET OF LOT 342. RIVIERA GOLF ESTATES. UNIT ONE. AS RECORDED IN PLAT BOOK 12. PAGES 110-111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE L PROPERTY liNE LOT 343 ~ ~ ;g ~ ~ ~ ~ l'11 LOT 342 ~ :r: "1J es "1J I"T1 ~ LOT 341 ~----------~---------- [EXISTING 25' DRNNNJE EASEMENT (PER PLAT) ---- ------------------ r- ~ c: :::c -- ---------------- ~ c:: oc -...; o-c G".:l COUNTY BARN ROAD (C.R. 268) RIW FOR COUNTY BARN ROAD (CR. 268) (WIDTH VARIES) 10' CONSTRUCTION EASEMENT EAST PROPERTY liNE & WESTERLY RIW liNE OF COUNTY BARN ROAD (CR, 268) c:: '-C '-C ~ s LEGEND. R/W ~~~t~n~~2rs of FlorIda. LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 Une- . LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD ..:; ~ COi..L.lE.R COl1NTY DEPA.RTMENT OF TRA.N.s.PoRTA.170N DRAWN Br. JCM CHECKED BY. SP DRAWING DATE' 08-18-05 SCALE. 1-.30' EXHIBIT ~ page.J.S:.. of 7) EXHIBIT A Page-&~ 7~_ 1 6 ~..t ~-' -:,~ ~.~ ~ SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ c:> ~ )... -J ~ Vi ~~ ;<l; _ ee ..... t-..;:? ~ Nee 8'" ~ Vi o ~ x ~I d lJj 2 Q::~ 81 I ~ . , Q:: 0 rl Q3 ~a: ~I ~g I<J ~_ 5 ::::l""'" ~I 18 I J ..t.. ~t 9' f' I "f...~. . :,'~::."'~~:S. t"{t:1 t~~..~~."...~ LEGAL DESCRIPTION""sAN,D.:; -f<<~6k.l"'SHEET ..1 OF 2 ' " .. " ,.,'.-" '. d ..,.~., , , DESCRIPl1oN: PARCEL ..7(Q,/3~ .,+"e'.:\ ,I', ""I,:,"'.,'" '., ' . - : ,,:.. r~.\:'. 'I ~ :'\ , t" ';.-:'. . ~ . ' CLIENT: COLLIER COtJ~TY ;TRANSP9.RJt:nON!;DIVI;S/ON ; BY; .. ....' \> .~;';'7-, .. H . . Gli.D, GE ,\V-: ,.H~:CK~EY";~::'".S.M. NO, 5606 SCALE: 1"." "':"'-10Q" . .DA TE: AUG. 31, 20Q.Q. :DRAWN BY:~," 'PROJECT NO.: 8081-C6R ACAD NO:.9073-SD70...a 'FILE NO: " ,907~ PARCEL NO. 708 PROPERTY OWNER: ..QEAUVlLLE LAKE CLUB REFERENCE: C.R. 1523, PG. 2149 AREA OF TAKE: ..1.575 SQ, FT. :!: ~ ~~ ~,.., ::::>d 80.. It') ~ eJOl -I'...: -./,.., c5 ()a: d o o + N l[) C\,f f...,. ~- - ~I J.::: co ~ ~s: ~ [2d~ oo..~ c5 ,..,~ ~ ~- ~~ LtJo..: ~ 5:: f- oIdBj LwaJ ~Vi ~~ ~~ ICl- in~ I I C\i ~ ~~I ~ I I I -- _ -...: 0) , o:;s, o f.- + a o ~ l[) ~ ~I ~ 31 --- CHARLEMAGNE BLVD. --- TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTl," o ~I ~ 31 '<I- I T,C.E. == P.O.C, P.O.B. R.O.W, TEMPORARY CONSTRUCTION == POINT OF COMMENCMENT == POINT OF tlEGINNING == RIGHT -OF';"WAY EASEMENT THIS LEGAL DESCRIPTION AND SKETCH PRtPARED BY: ....~ ' ::::tlGNOU .....13 ..... ..... AR:BER & ......13 ...... ...... RUNDAG:E,l'Ifc. Professional engineers, plaIU'lers, &. land surveyors CoW... C<>unl.f; BallAl 200, uoo TOmJunlTrtJI, Northl Nopl... n. Ulll8 (23g)~g7-3111 L.. Count,r. gggO Coooa.ut !lood, BullAl, 1031 Boa.ll.o SJo~, rt UIM (23g)~-e~e3 c.runo.o.lAI ot .lUlhot'hoUOJl /l.,.. LIl MU u4 .D eeu loUl (IU)Me-aaos <.) d a.: I +32.lJO I 50.00'R :t: Lw ~ rti Vi Cti )... ~ ~ Vi .. ~ t5 , CO f...,.C kJ- ::::>d 00.. ~ c.o~ ~C\,f LW. . """ Cl:l <<.) 8 ~ ~.~ N~ O ~ o V) S 89'04'26" f 40.01' t5 "'<:1- ~;<: ~UJ Cl~ Vi b:J >-=' :<:t:: ~ ~~ t-..: S~ ~ 6~ Lu Q::~ . ~ ~Cl t-.. f::; <: N Vi ~ 0 ;>< 0 ~ tr) ~ :::J ~ eJ Q. a g: C> ~ :=t::J gs ~ <: c::> 00 --.J --c G") c::> '-0 '-0 --.J b a e:; "*', ~O) ~ cj- C\,f ~0 -.:co.. -./, "'J ' lJ..JC\,f :::Jlt') ~- ::::>n;: LJ' 00 cx:i d a.: LiNE: TABlE U1:i.QJif. .sEA RIN(z 75.00' S 00'27'15" E 21.00' N 89'32'45" C 75.()o' N 00'27'15" W 21,00' S 89'32'45" W .L11:iE L1 L2 LJ L4 PARCEL 708 PROPOSED T,C.t. (1,575 SQ. FT. :1:) +--- PARCEL 808 f PROPOSED Df?AINAGE AND UTILITY EASEMENT I EXHIS,IT -Ll , Page-12 of_ 7;) - 1- 1 .,..., " , SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHWESTERL Y CORNER. OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O. W.); THENCE SOUTH 89'04'26" EAST ALONG THE NORTHERL Y LINE OF SAID PARCEL A DISTANCE OF 40.01 FEET; THENCE LEA VING SAID NORTHERLY LINE SOUTH 00'27'15" EAST A DISTANCE OF 497.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN' DESCRIBED; THENCE CONTINUING SOUTH 00'27'15" EAST ALONG A LINE 40,00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 75,00 FEET; THENCE NORTH 89'32'45" EAST A DISTANCE OF 21.00 FEET,' THENCe NORTH 00'27'15" WEST ALONG A LINt '61.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 75.00 FEET; THENCE SOUTH 89'32'45" WEST A DISTANCE OF 21.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,575 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF' RECORD; ABSTRACT NOT REVIEWED. C) :::c:lI ~ <:::> ex:> -...:J ~ Q TEMPORARY CONSTRUCTION EASEMENT '(DURATION: 3 YEARS FROM . COMMENCEMENT OF 'CONSTRUCTION; <:::> '-0 '-0 ex:> THIS U::GAL DESCRIPTION AND SKETCH PREPARED BY: ,;"."..'::t';::'.~'>... , ,,' LEGAL DESCRIPTlo.N~~'t.fND~:SKtllG8."..SHtEr '~ OF 2 . . ."'. ,," ._, II ~ '.~ DESCRIPTION: P ARCEL. .7Q~i '",~'q!..> \l' 1\.,,,,:1,;,, '\ ,.,.. .... , . .. '" ..,-.... ,,"...'\., ...". .r.. CLIENT: COLLIER COUNTY' TRI,\NSPORT A TION~ DIVISION, . : '1~' .... ..,~~ .~~ t::, . . :' , ~ ~~; . ~f~' .AJt. ~. 1'::; ; BY:, . , ' '.~Jt;..)<' . , "f~:> : ....Gt~~GE'W;;'HAPJ~N~y,:.:.:;F'93.M. NO, 5606 ::, .f....)' .~~. .~. ~:-..::\.':,./ ." .;,.:.. .' SCALE~:::'<:> ':"::i-r;'T,~';',' : >QATE:. AU G.' 31. ' .2 0 QQ DRAWN:~i8Y:"',:;i~JAN~,:,: PROJECT Nb::,B081-CBE ACAD,N6'~~'67j:::::SD7Q{i" FILE NO: 907~ 1I11.II!1\ ::::C\.GNOU .....!!::) :::::i[)A:RBER & .......(3 ....... , ...... RUNDAGE,lIIc. Protessional engineers, planners. & land surveyors CoUI.. count,: Bullo 200. 7{OO ramlam. Trail. North; Napl.., P't 3<10B (23QJ~Q7-3111 Loo Countr. gQQO Cooonut Road. Sullo 103: BonitA. SPr\nf.. n. 3<13B (2~Q)Q"'-BBB3 CorWIoato ot AulhorinUon No.. Ul 3ee< and U 3ee< '!'Ut: (23Q)llGd-ZZ03 EXHIBIT A Page_ J 8'-. -of 7~ . ~'.". t\O . q, \.-;.' '~~J.l &.~ j SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. ~oa PROPERTY OWNER: ..Q..EAUVlLLE LAKE CLUB REFERENCE: ..Q.R, 1523, PG. 2149 = AREA OF TAKE: 1;300 SQ. FT, :f: -= ~ ~ N~ O ~ (3 Ct) f"\o~~RPETUAL, NON-EXCLUSIVE ....rv\fNAGe ANO UTILITY EASEMENT ~ I- ~ :::l- "- ~I cgt ~ - t<!J ~01- QQ..~ c: ~' ~ <!J- ~~ ~a.. ~ C2 --- ~ CHARLEMAGNE BLVD. v-- PARCEL 708 /f PROPOSED T.C.E. --- +59,56 90.00'R ~21 o 01 + -J "t "<I" j I ~ I ~ '" ~I I -J I f- ~;<:: '-" lJJ "':""'\ C:i CQ~~-H ~ a_b?,...: CQ~:"l:lz.. ~ lJJ NCl~ . b b~Bf:~ r-.. r-.. ct:~i::!C) N N -q::n..:::>g 8 8 a.. C) Cl .....- <: C/J g: <: '--' '<( N 89'32'45" E 5,00' ~ ~ I ~ ~ +99.56 ~ -J I '4J ;::E 90.00'R -L..J ~,~ <01 I ~ L5 ~ Q?~ -}r- ;~~\~ -J to-..,...;; Nco 8C\j <: S 89'32'45" W 5.00' P.O.B. C) ~ -m "t ~ I I 3) I I ~. egO) c) "t- d- o: ~ >-. ~0 &? I:e ""(0... -J V) b lw ~~f L5 C) -Jl('j C!) ci ~- ~ "i- ~ ::Ja:: ~ t5 4Jt) !cj ~. a QO ~ ~ f- Ii) ij :q:~ ~ C/) ~~ . "'( Q:l C/) ~ >-. >-'-:"l: - ~ to-.. !s! ~ N gs Cl~ 8 (j:::J <: V) Q:j::: :::>' C!) ;<::~ f;;"'( K ~ (,) 0 a.: s 89'11'52" E 40.01' M=:>o c::> ex> -....J ~ Q c::> '-J::) '-J::) '-J::) o ~I ~ 31 Q 6 ct:~ I~o r-q::a:: ctl, 1~8 ~c It) : I T.C.E. ~ TEMPORARY CONSTRUCTION EASEMENT I P.O.C. ::::: POINT OF COMMENCMENT P.O.B, ::::: POINT OF BEGINNING R.O. W. ::::: RJGHT -OF-WA Y THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....M ::::tlGNOLI .....!:J :::::UARBER & ......R ...... ...... UNDAGE,lIlo. Professional engineers, planners, & land surveyors CoW"" Couut;r. 1IuI14 200, 7400 Tun.tun.t 'I'rall, NOrll1; NapI... n. Ul118 (2:lgJ~g7-3111 10. COllnt.r. gggO aooonllt Road, 1IuI14 1031 Bonlta HJ>rinp. n. Ulllli (2ag)~-6~~3 c:.ruaoa14 ot .A.lIU,or!u.Uon No.. IB 30U ....d XlI 3~lH. ,.", (23g)Gee-2203 MHC-NAPLES' ESTA TE:S LIMITED PARTNERSHIP O.R. 2476,. PG. 2427 .,- '~.' ....:_<>'~;'~ \':;';~~~', :,':,;. ': ~.< :.:< ::".\. LEGAL DESPR.J~J,I,OJ:ir/6ND:::'.SKETCrr':.SHEET 1 OF 2 DESCRIPTION: PA~eEL'eO,8: "~':>'.":" , ,..,;_ CLIENT: COLLlER"COUNTY ~TR;A.NSP.DRTAT10N:. DIVISION' ~ . ~:. . ..._-'. . . ".'. . : .: . BY: GEO, g:-",,'.f1ACKN ,P.S.M. 'NO. 5606 'TT.. ., _~~'. . SCALE~.' ..if:""';,,, 10Q' DATE:.6lJ G', , 31, 20Q.,Q DRAWN BY:->iAtl ,PRO~ECT 'NO.:.a081-C8R ACAD' NO:]J)73'-SD8Qli FILE NO:_ 9DU EXHIBIT A Page-.l Of _ of_ 7 ~ . SECTION 17, TOWNSHIP 50' SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECnON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLliER COUNTY, FLORIOA, BEING MORE PARnCULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SDUTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL R[CORDS BDOK 1523, PAG[ 2149, PUBLIC. R[CDRDS OF COLLiER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGH T OF WAY LINE OF COUNTY BARN ROAD (100' R.O.w.); THENCE SOUTH 89'11'52" EAST ALONG mE SOUTHWESTERLY liNE OF SAID PARCEL A DISTANCE OF 40.Dl FEET; THENCE LEA VING SAID SOUTHWESTERLY LINE NORTH 00'27'15" WEST A DISTANCE OF 505.4,4 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CON77NUING NORm 00'27'15" WEST A DISTANCE OF 260,OD FEET; THENCE NORTH 89'32'45" EAST A DISTANCE OF 5.00 FETT; THENCE SOUTH 00'27'15" EAST A DISTANCE OF 260.00 FEET; THENCE SOUTH 89'32'45" WEST A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,300 SQUARE FEET OF LAND MORE OR lESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. c :::-: 0-1:: c: 0: - "'"'C ~ PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT I-- c:: c:: c:: THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: . '. ""v""'~"'."A'~'{~;':- .':~ ~. ...:'~ C:':-.,~ '... LEGAL D~S:C.:f~'i'P'rJ!l3~S~NO\\SK'E'T6H>-SHEET 2 OF 2 OESCRIPTION.:.\:~'~RC:~!F'::E?..O.8'::'(\V;i. :" . .. ". :,: '. CLIENT: COLLlER;'..C'OUNTY TR- SPOR'1'ATIDN :DI.Y.ISION: - .:.. . -;:- ./; ',- .!' I ~ '..: .. ~ . ....M :=:=tlGNOIJ .....s:J :=::=UARBER & ......(3 ...... ...... RUNDAGE,lNc, PrOfessional engineers, planners, & land surveyors COWer count)<! Sullo 200, uoo Tomloml TrtJI, ~ortb.l N.pl.., J'L :UI08 (2311)8&7-3111 L.. CounlJ'l gllllO COOOD.ut Ro.d, SUllo 1031 Bonlt& llP1"!."4;r, FL :U1S8 (2311)~-8883 ' CerUt1.,.lo of .Aulhort"Uol1 No.. Ul S88{ I.J1d Ell 3884. Fu, (23g)688-2203 BY:,:-" . 'GE 5606 SCALE; - N,T.~' 'oATE:AUG. 31. 200~ ORA WN . BY: --J.!.6J:i PROJECT NO.; .aOB1-CSB. ACAD NO: iliJ73-SDBOjJ FILE NO: 907..Q. EXHIBIT A Page-2 {) _ of 7rL "11 ~' ! ..t.6' 't:./ ,. " steT/ON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 112 PROPERTY OWNER: . WOODMERE RAQUET CLUB REFERENCE: ,Q,R. 26. PG. 108 AREA OF TAKE: 0.19 ACRES :!: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -QF-WA.y, 'DRAlNAGE ,AHO unUTY EAseMENT I -L WHITAKER ROAD f- I /'or) r-. - 0 eJ ~ 0 + co:::: . (0 cj~Qj l() Q~Q eJ ~ a'(l~~ )....(j~ o<<:(C'l <: a:: ~ c> 0 0 + ~ l[) CYNTHIA LANE +5,80 50.00 R '~ b , a '. _: N~ O ~ G <.r) o o + N l[) :.: "'l ~ ~ 8 'l" h t'.l..! '1:, .' ,i-) :.: ;'t S ' 0 ~ ~'~ '-' ~'a 0:: I" (J) (:) g ~ <: V) x LU ~ t5co r-.a lLJ- ::J. 0(:) ~Q Ct: _ lLJ<C Q::C'l UJ. 2S~ o ~ C> :;::t::j ~ ~gs ::::/'or) ::J<:j 8Q It') ~ 8J.Q) -'" -J/'or) c5 ua:: a Q d Ct:~ ~ ::::. a '0::::0 (rj ~a:: <C en Il:i ~8 ~ ::::- U:: -'- -- -.J ~ 18 . I ~ c::::> 00 --.:J ~ Q t--'L c::::> c::::> t--'L . - It)<o i:::::! 1"<0 8C'< <: PARCEL 712 PROPOSED T..G.E., PARCEL 112 PROPOSED ROADWA 1, DRAINAGE AND UTILITY EASEMENT (0.19 ACRES :1:) I I f- ~as lJ.J~ - --0-1 (:)~ o <C<c' + ~LU LOT JJ9 ~ , I ~ i:: RIVIERA GOLD ESTA !J~S I IlrJ 2 UNIT ONE l'-j::::> PB 12, PG 110-111 ~ jTRACT "G" / / LOT J40 I +32.80 50,00 R N 89'04'26" W 35.01 DEAUVILLE LAKE CLUB O.R. 1523, PG. 2149 P.O;C. r.O.B. R.O:W. = POINT OF COMMENCMENT = POINT OF BEGINNING == RIGHT-Of-WAY n....!!J\ ::::c-iGNOLI .....5::) :::::iUARBER & ......13 ...... ...... RUNDAGE,tHc. PrOfessional engineers, planners, &: land surveyors ColUn CO\lQty; Sulte 200. Hoo TalnJamj TraJi, North; Napl.., P'L ~4105 (230)~g7_5111 Le. Count)": ggOO Cooonut Road, Sulte 103: BonU.. Spr'lnp, rL a.15e (25gjO"'-e5e3 CarUttoate ot AUthorlzaUon No.. LlI 3584 and EB ~e5~ l"u: (2~g)tl511-2205 ~ BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN, &.O~~Q"+),_:~E1N.G N 00'27'15" W. . .:< .~, , .) ( '.. . LEGAL DESCRr~~!'I'(j;t:J-,:rAN.o: ~$K-tTCH SHEET 1 OF 2 DESCRIPTION: PA~P,~L/~:1,:2" '-, <~~"'. " ., ~. . t- I . . I CLIENT: COLLIER- CO\,Jt'HY TR,f,\N ,P,9RT'ATION ISION . " . .. "( '. ", ", ~'.~". . ., . '-81';:'-. ~:! y . :;".EO G"W.>HACkNE, P.S;M. NO, 5606 .r '. ..... '... 1~ \ \' "J .,' ..... .' SCAtt-:> . '1'....,;;,-:1.00" OA TE: AUG. 31. 2005- ,DRAWN 8Y:'~ PROJECT NO.:BOB1-CBR ':'ACAD NO:.2.073-SDl128. FILE NO: 90703. THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: EXHIBIT ,)1 Page J lot 7) , - 6'."..,', 1 · .tJ '" . ':? ~...::~ ~/ SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SEC TlON 17, TO WNSHIP 50 SOU TH, RANGE 26. EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE SOUTHWESTERL Y CORNER OF THE WOODMERE RACQUET CLUB AS SHOWN IN CONDOMINIUM BOOK 26 PAGE 108 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; , THENCE NORTH 00'27'15". WEST ALONG THE EASTERLY RIGHT OF WA Y LINE OF COUNTY BARN ROAD, (100' R. D. w.) A DISTANCE OF 473.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 04'40'43" EAST A DISTANCE OF 475.13 FEE:T TO AN INTI~RSECTlON WITH tHE SOUTHERL Y LINE OF SAID WOODMERE RACQUET CLUB; THENCE NORTH 89'04'26" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 35.01 FEET TO AN INTERSECTION WITH SAID RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0,19 ACRES OF LAND MOR~ OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. C> ~ ~ c::> 00 --.] """Ct Q ~ c::> c::> ~ PERPETUAL, NON-EXCLUSIVE ROAD RIGHT .()F-wAY; DRAINAGE. , ' AH:J UTNJTY EASEMeNT THIS LEGAL DESCRIPTION AND S'KE:TCH PREPARED BY: ~., j 111. . " . 1 ~ ~ i ~ , , ' ",'-:; \J. j';;.1c >" LEGAL DESCRle~1J'b.N~'~AN[]k~~E;1:CH SHErr 2 OF 2 DESCRIPTlON:PA~O~.t: .11"2" ' ''''''''t ):",\, .... . ... I' ';\ ~ ~) (. ~. '>",' '. . . _ CLIENT: COLLlER:cOUN.TY TR~ )3PQ..RTATlOt-J DIVISION .: 'J ...., . .1..,' t..... " ". : . ......' .: ."" ! BY.:\ \>,: '.. ,:=' ;:' <.'.... E. '~_ .'."X~\~AckNtY. P. .M. NO, 5606 scALE:-' '. N',J:~ DATE: AUG. 31. 20QQ. DRAWN BY:~ PROJECT NO,:.8081-CB8, ACAD NO:.9073-:-SD112B. FILE NO: ' 9QU .III".~ ::::tlGNOU .....~ :::::iDARBER & ......(3 ..,.... ...... RUNDAGE,IJ<c. Professional engineers, plaIUlern, &: land SurveYorn Colli.. count.,y: !hJ.Jle 200, 7<00 T.",lunj '!'roll, Northl Napl.., Pi:. UIDa (2:lg).g7-~1[1 Lot CO=1..n gggO Coconut ll<>ad, Ilu1ta 10~: Bonita Sprlntw. 11. UI311 (2~g)~-ee.~ CortUtoata of .i.ulhorl..Uon No.. Ul ~ &l1d III ~e~ 1'u: (2~g)Me-220~ EXHIBIT A Page_d;Z.. of /:1 l( ~ SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 [AST COLLIER COUNT~ FLORIDA PARCEL NO. 712 PROPERTY OWNER: ~OD.~E~E R~9.Up CL~B REFERENCE: C.B. 26. PC. 108 AREA OF TAKE:' 404' SQ. Fr. :I: .. . , TEMPORARY CONSTRUCTION EASEMENT , (DURATION: 3 YEARS FROM COMMENCEMENT O'F CONSTRUCTION) -L WHITAKER ROAD /'t) I- - 0 es ~ ~ OJ <= <.:) :g cj""(o.. Q~ ~,~~' >-U~ u"'~ <= . ~ ~ gs <3CQ 1-0 Ll.J- :;:)0 ~o.. 0:: ~ <0 ~~ ~a;i <<..5 8 ~ ~~ N",... 1 LJ U ~ o o + '<t- Ii) CYNTHIA LANE c :;:l:: o.J:: c: ex: - ~ ~~ :<:/'t) :;:)<.:) 80.. 1[')" eJO) -" :J/'t) a. (.)0:: c:5 o o + N Ii), PARCEL 112 PROPOSED ROADWA Y. DRAINAGE AND UTILITY EASEMENT "'1: c;-: ,S 89'04'26" E 7.73' to- e:: e:: <..0.. +99.65 ,80,00 R PARCEL 712 PROPOSED T.C.E. (404 SQ. FT,:1:) , N 04'40'43" W 104.95' S 00'27'15" E 104.48' P.O.$, I I f- ~'CJ kJ~ ~-I (!)~, o '<("'- + <:~ o -..... , ,LOr,J3~~1 ,.J.~~ ,RIVIERA GOLD ESTA TES I l'ln ~ UNIT ONE N ::J PB 12, PG 110-111 ~ /TRACT "G" /' ' /' LOT 340 I N 04'40'43" W 67.87' S 89'04'26" E J5.01' ~.-- DEAUVILLE LAKE CLUB O.R. 1523, PG, 2149 TEMPORARY CONSTRUCTION ,~ASEMENT - POIN T OF COMM EN CM ENT ' . NOW BEAR/NGS Ifi/C.: ?A$FP . ON THE: SURVEY BASELINE = POI NT OF BEGIN N IN G OF COUNTY BARN' ROA'O ~S taE/NG N 00'27'15" fI< = RIGHT-OF-WAY LEGAL 0 ESCR il1'%'Du:f. A:i4'6.: ~r:i;:'fCHSCl EET 1 OF 2 '~.:~<\ . '_....~. " , THIS LEGAL DESCRIPTION AND SKETCH PREPARED By: DESCRIPTION: PARCE~.?12 . ,," ". CLIENT: COLLiER CO. NT'(. TRPlNS/=lQR"FAXfJON DIVISION . .- ':'.1 ~.'. . ..,.~ ,(\.1'. .~ l 'H: .: .' T,C,E. = P.O.C. P.O.B, R.O.W. ....!J\ ::::tlGNOJ;J .....!I::) :::::UARBER &: ......13 ' ...... ...... RUNDAGE,lIio. Professional engineers, plannerB, .I.: land' surveyors Collhr Qoun\T1 Bulle 200. 7~0 To,D>,lo,m1 Tra,U. North: Ifopl... n. 3.10e (2U)~g7-el11 Leo 00,,",,\)'1 gggO Cooon"~ &004" Bulle 1031 Banile Spru..o, n. H13~ (23g)UlI-e~~3 Cortl!laot< ot .l.uthoriUUan Ifa,. 4.ll 3~~,. ....4 ED 3,ea. . ''''', (23g)6ee-220e · '~e;;.', ~>.:. ' ":',.G 9, "-\V...'HAC'KNEY, 'p :M, ,NO. 5606 SCALE; .' ',,; '~. "1'.QcL DATE: AUG. ~"3,1, 20Q5. DRA WNSY: --:.!.6t:i PROJECT NO.: .8081-C~ ACAD, NO:.9.Q73-~D?1 " FILE NO: ~.Q.U " '", EXHIBIT A Page-& of--2,;L 1. 6" r: lJ SfCTlON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL Qc:SCRIPTlON (Tf:MPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP ~O SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY \)ESCRIBf:D AS FOLLOWS; COMMENCING A T THE NORTHWESTf:RL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COfJNTY, FLORIDA, SAIl) CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY EJARN ROAD (100' R.O.W.); THENCE SOUTH 89'04'26" EAST ALONG THE NORTHWESTERL Y LINE OF SAID PARCEL A DISTANCE OF ;:5.01 FEET; THENCE LEA VING SAID NOR TJ.! WESTERI. Y LINE NORTH Q4'40'43" WEST A \)ISTANCE QF 67.87 nET TO THE POINT OF 8fGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 04'40'4.:r WEST A DISTANCE OF 104.95 FEET; THENCE SOLlTH 89'04'26" EAST A DISTANCE OF 7. 7~ FEET; THENCE SOUTH 00'27'15" EAST A DISTANCE OF lQ4.4i;J FEET To THE POINT OF BEGINNING QF THE PARCEL HEREIN DESCRIBED; CONTAINING 404 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND ReSTRICTIONS OF RECORD; ABSTRACT NQT REVIEWED. TEMPORARy CONSTRUCTION EAsEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION} THIS LEGAL DESCRIPTION A D SKETCH PREPARED BY: ....~ =::: GNOU ..... ::::: lUlBER &< ......13 ...... ...... RUNDAGE..... ProtOllBlo:o.a.l eni1neers. pJan.nsra. & laud -u.rw,.on Co,LU.,. Ce\&lt.I.n aut~ aoo, 1??OO T~ 'l'r&U.. Hortoir X.."",-. lL IHIOl m'1E17-1111 Lo. 0...... .... <<-.., ..... ""'.. "" """.. ......... no ..... ... ..._.... <;o.<lD.... .t ..u........... H.~ Ul .... ... D .... ,...... _.... SHEET 2 OF 2 : 2~~:~;~: ~"'" D:;:~~:~ :: .A:lRAWN 6Y:~ PROJECT NO':!J.R~1-Cfill ACAD ND;.9.D7~~SQ7].4 FILE NQ:_ f;lQZ,J. ~:.- .... ;) C :::t: - c:: ex: ~ c:;: to- <=: c:: aI>o PROJECT NOI 60/01 PROJECT PARCEL NOI I/3A R/W R/W Um I I I I I I J I I 1 I I IZ'-->j aJ' EXHI BIT---A- Pa~ ;)4 of_7:2 ,_,',i';,. PER~ NON-exClUSIVE ROAD RlGHT.;o,:ooWA,Y, ORAJNAGE AND UTlUTY EASEMENT SHUT .1. OF .L 25' '., 'iif. ~ -=-- LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAy (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ EC€NQ!. RIW . RIGHT OF 1I''''Y ~s . ~"'101) SURVEYOO LB 'l.1 CEIlSEO Bus I NESS P.B. . P1....T llO()I( PO. . P"'C€ PSW . PROFESSIOH4l. SlJRVEYOO I IlAPPER C.R. . COO'lTY R040 Q,R, . OFFICI4l. Il€CORO I I J I I I I I I- ~ I \ \ ~ ~ ~ l.EG4l. DUCRI PTI 011 . P4RCEL PlO, 1/3... THE E4ST 2T FEET OF THE FOLl.01l'1 HO OESCR J BED PlIOPERTY , THE IIORTH 112, OF THE SOOTH 112, OF THE HI( II~, OF THE..... 1/4, OF S[CrlOHJ7, TOWNSHIP 50 SOOTH, fI.JJ!G[ 26 E4S7, COL~JER COOHTY, F~OOID"', l.ESS AJlD EXCEPTING THE IIEST 1085 FEET THEIl€FOF, AJo() ~ESS AJo() ExCEPTING THE EAST SO FEET AJo() THE SOOTH 20 FEET THEREOF, C) :::t:II ?-?==0o c::> ex::> -...3 Jl'f:sr I'fa'fIfTT UKE: ""1::1 ~ NANCy & DELBERT ACKERMAN FOLIO NUBMER: 0042744007 O.R. 2436, PG. 1913 ~ c::> c::> c...n ~ I i ---------L~~7~__ --------------------------------~-~-~~,~~~!~~~- 27' , /W f:AS/" ~1fTT UNE: . 'UsrE:RlY R/'tf UKf: CJF CClJIfrr BNW fnI() ICJ/. 2UJ E:x.R/Y( Fa! a l:tf;J ::::Uf'O 1CJ/.2UJ COUNTy BARN ROAD (C.R. 268) r;~American ,= "'ra 'COnsUlting 'Engineers of Florida, LLc 4111 Land O' Lakas Blvd. SUlta 210 Land 0' Lakas, Florida 34839 Phona: (813) 995-2800 Fax: (813) 995-1908 C!artlfloata of AU!horlzatlon No. 7110 1M' ~ OF THE 1M' ~ SECTION IT NE ~ OF THE 1M' ~ SECTION IT -7 JJE:L C.IkJJEE, f>SJ/ PROFeSSKJ/(N. SUI/VI!YOR .AND IIJPPER FUlRlf)I. CEFfT'lrlCne No.. 6t/JO C'Oi.l.JER C'OUNTr DEPAilTJfENr oF 'TRA.NriPoRTA 170N DRAWN BY I . JCM CHECKED BYI SP DRAWING DATEr OS-/S-05 SCALEI I ~'50' OR: 4087 PG: 1006 EXHIBIT A ~ ;;s:. 0'_ ;;)_ 16Ei "~:,1 4~ ,I PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT PROJECT NOI 60101 PROJECT PARCEL NOI 913 LEGAL DESCRlPnON AND SKETCH SHeeT .LOF .L I- 25' -l ~ZL- ..:;;: -'." --.. -"- ..... , (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANOE26 EAST CO;LLIER COUNTY, FLORIDA _. - . .... ... -..... . --- "'''''.-. . .. ..hE G ENQ!. RIW . RIOHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOIC PG. . PAGE PSU . PROFESSfONAL SURVEYOR a UAPPER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD LEGAL DESCRIPTION. PARCEL NO. '?!~ THE WEST' 10 FEET OF THE EAST 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY, I I I I I I I I / 1 ,/ ,) , I I I / I' I l:t I 1 ..I ::l I I ~, I I I I 0.; I ~ I I I I I I J 1 I 1 I I 12.' I f- '-!of 20' ~ ; \ \ --- WEST PRrREm UJiE THE NORTH 1/2, OF THE SOUTH 1/2. OF THE NW 1/4. OF THE NW 1/4. OF SECTION 17. TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLL1ER COUNTY, FLORIDA. ,U:SS AND EXCEPTING ,THE WEST loas FEET THEREFOF. AND LESs AND EXCEPTING THE EAST 50 FEET AND THE SOUTH 20 FEET THEREOF. NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O.R. 2436, PG.1913 !:;. :;:j B ~ ~ PROPOSED RIW ~E: ::m UHE , WESTERlY R/W UHf!; OF el(. R/W' FOR CWm BNIK l/(),I{J 1c.R. 2681 COOm BMH ROAD ICJI. 2681 ,a IWIGrH VAAIESI -r- ---- Ex. R/W Uf)B COUNTY BARN ROAD (C.R. 268) R/W Uoo' - - ~American . 'ta Consultlng Engineers of FlorIda, LLC 4111 Land 0' Lakes Blvd. SUIte 210 Land 0' Lakes, Florida 34639 ' Phone: (813) 996-2800 Pax: (813) 996-1908 Certlfloate of Authorization No. 7110 Joel C, MOGee, P.S.M. No. 6430 ---- MY ~ OF THE MY:4 SECTION /7 - NE ~ OF THe MY ~ SECT/ON rr ---- COLLIER COUNTY DEPARTMENT OF TRA.Ns.PoRTAT.ION - - 7Vw Une DRAWN SYI JCM CHECKED BY. Sp DRAWING DATE. 08-18-05 SCALEI 1"'50' EXHIBIT A Page_Aeo 0'_ /,J_ OR: 4087 PG: 1007 - PERP!=TUAL. NON~EXCLUSIVE DRAINAGE AND UTILITY EASEMENT PROJECT NO: 60/01 PROJECT PARCEL NO: 813 LEGAL DESCRIPTION AND SKETCH DRAINAGEIUTILITY EASE1v1ENT (NOT A SURVEY) SECTION 17, TOWl:<SBIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHeeT .LOF .L ' 25' L ...J -== ~ L- ~ J"EGEN~ RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS . P.B. . PLAT BOOK PG. . PAGE PSu . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTy ROAD O.R. . OFFICIAL RECORD LEGAL DESCRIPTION. PARCEL NO. 813 THE WEST 13 FEET OF THE EAST 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY, I 1 , 1, I I I ~ I ;::j i ~ ! I ~ 1 I ~ J I ~ r ,] I I I I I 1 /2' I L --t r- , 1 I 1~ ! J....:! I !~ ! lu I R/W ne \ \ THE NORTH 1/2. OF THE SOUTH 1/2. OF THE NW 114. OF THE NW 114, OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPTING THE WEST r085 FEET THEREFOr, ANO LESS ANO EXCEPTING THE EAST SO FEET AND THE SOUTH 20 FEET THEREOF. weST PF/lJf>cRTY UHe NANCy & DELBERT ACKERMAN FOLIO NU:MBER: 0042744007 O.R. 2436, PG. 1913 ~ :j B ~ ~ CCONsT/1l)';TIOK eASEJ/!NT ---------- /3' DRAlNME AND UT/UTY EASEMENT -------- \CASr -::UN! , W!ST!fI!.'I R/w UHe OF' RIW FOR COOKTY BARN fION) fCR, 258/ CW1/T'( BARN RON) fCR, 268/ IWllJrH VN/!!s/ ---- R/W Une e COUNTY BARN ROAD (C,R. 268) MY ~ OF THE MY ~ OF SECTION 17 NE ~ OF THE MY ~ OF SECTION 17 R/W Uoo - - ~American 'It~ COnsulting EngIneers of FlorIda, LLC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakes, Florlcla 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloale of Authorization No. 7110 Joel C. MaGee, P.S.M. No. 6430 --- --- COLLIER COUNTY DEPARTMENT OF TRA.NSPo:RTATlON DRAWN ,BY, JCM CHECKED BYI SP DRAWING DATE: 08-18-05 SCAlEI 1....50. EXHIBIT !1 Page-e J 1 of '7 d. . - OR: 4087 PG: 1008 ~ ,3 .:,,;' ,., ibb' 3 PERPETUAL, NON-exCLUSIVE ' ROAD RIGHT-QF~y, DRAINAC.:" AND UTlUTY EASEMENT PROJECT NOz 60101 PROJECT PARCEL NQz 1138 SHEEr .l.OF .l. L 25'--, -=-~l LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOum, RANGE 26 EAST COLLlER COUNTY, FLORIDA ..1.EGENQ!. RIW . RIGHT OF ....Y LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PL"'T BOOK PG. . P"'GE PSU . PROFESSIONAL SURVEYOR a UAPPER C.R. . COUNTY ROAD O.R. . OFI'(CIAL RECORD R/W Une I , I I I I I 1 /2' I I --r i-- I I ~ I I :::i I f to J ~ TEMPORARY CONSTRUCTION EASC:AlE~ ~ ' I ~ I ~ S1 l:::i I~ I~ 1 r~ I ~ r~ ! ~ I~ .! ~ ! 1 C,) 1 I I I I 1 40' PROPOSED R/WI I I I J I I COl:LIER COUNTY O,R. 3795. PG. 3D9~ a Rn FOR COOm BARN ROAD fCR, 2681 IWIll1'H V.4RJe;SI / \~ PRoPEm UHE " WEsrERC/ R/W UHE or. COOKTY B.IRN ROAD ICR, 2681 .;;;: ,LEGAl.. DESCRIPTION. P"'RCELNO. 113B THE ~ST 40 FEET OF THE EAST 90 FEET OF THE FOLLO.ING DESCRIBED PROPERTY, THE SOUTH 20 FEET OF THE NORTH 1/2.' OF THE SOUTH 1/2, OF THE NIf 1/4, OF THE NIf 1/4, OF,SECTION 17, TOWNSHIP SO SOUTH, RANCE 26 EAST, COLLIER COUNTY, FLORID.... NANCY a DELBERT ACKERMAN O.R. 2436. pc. 1913 ~-L~~~___ -------~~~~/:;~;~~~~~~--- ""-P~;;R/W LlHe:- - - -!f/W Une Nrf ~ or THE Nrf ~ or se:CTX)N rr HE ~ or THE Nrf ~or SECTX)N rr --- --- "~Amer;can 'OIl'. COnsulting Engineers of Florida, LLC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakas, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloate of Authorization No. 7110 Joel C. MaGee, P.S.M. No. 6430 COUNTY BARN R.OAD (C,R., 268) --- --- COUIER COUNTY DEPARTMENT OF TRA.NSPoRTATlON DRAWN SYz JCM CHECKED SYz SP DRAWING DATEz OB-fa-05 SCALEz 1"'50' EXHIBIT_ A Page~ OL 7:<- , - OR: 4087 PG: 1009 I 6 7"!i 3 ' Jj TEMPO~ OONSTRucTION @MgMENT (DURATION: 3 'tIM~ FROM COMMENCEMENT O~ OONSTRUCTION) PROJECT NO: 60101 PROJECT PARCEL NOI 7138 LEGAL DESCRIPTION AND SKETCH -=- ~ TEMPORARy CONSTRUCTION EASE:MENT (NOT A SURVEY) SECTION 17, TOWNSIllP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET.L OF .L L25'~ i~ J"EGENQ!. RIW . RIGHT OF WAY lS . lAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSy . PROFESSIONAL SURVEYOR a YAPPER C.R. . COUNTY ROAD O.R'. . OFFICIAl RECORD LEGAl DESCRIPTION. PARCEL NO. 7/3a THE WEST 90 FEET OF THE EAST IBD FEET OF THE FOLLOWING DESCRIBED PROPERTY, COLLIER COUNTY O.R. 3795. PG. .3094 I I 12' I ~ r I I I 90' rE;JJPORARt CONSTRUCTION E;ASE;JJq I r~ l~ :~ l~ I~ I 1 , I J I i~ f~ JB \ \- \ eAST PRoPERTY UNE & WEsrERLY R/W UliE Of' CWIfTY BARN RON:>. ICoR. 2681 I I I r I f 1 !.0- J I 1 I THE SOUTH 20 FEET OF THE NORTH 112, OF THE SOUTH I 12, OF THE Nw f 1<1, Of' THE Nw f 14, OF' SECT I ON 1'1, TOJIINSHIP 50 SOUTH, RANGE 26 EAST, COlLIER COUNTY, FLORIDA. NANCY a DElBERT ACKERMAN O.R. 2436, PG. 1913 -------~~D~~I:;.~;~~~~;;~-- .~CONSTRUcrlON EASel/ENT --L-______ R/W Uoo PRoPosED R/W LIKe --- - - -ff/w Uoo ~ R/W FOR CWIfTY 8N/N ROAD ICoR. 2681 IWIOTH VN/leSI KIf ~ Of' THE KIf ~ Of' SECTION IT NE ~ Of' THE KIf ~ Of' SECTION IT COUN1Y BARN ROAD (C.R. 268) ~American ~ '1('- Consulting Engineers of Florida, LLC 4111 Land 0' Lakas Blvd. Sulta 210 Land 0' Lakas, Plorida 34639 Phona: (813) 996-2800 Pax: (813) 996-1908 Cartlfloata of Authorization No. 7110 Joal C. MOGea, P.S.M. No. 6430 --- ~-- --- C'OLLJER COUNTY DEPA.RTMENr OF 17iA.NsPoRTA.T10N DRAWN BY, JCM CHECKED BY, Sp DRAWING DATE, 08-18-05 SCALE, 1"-50' EXHIBIT IJ Page_~9 _ of ?,J OR: 4087 PG: 1010 1'. 6', r-,' "'if , tJ j PE~ NON..exCLUSIVE ROAD RIGHT.;o,:-wAY, DRAINAGE AND UTlUTY EASEMENT PROJECT NOr 60101 PROJECT PARCEL NOr 114A LEGAL DESCRIPTION AND SKETCH ""=~ PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION E, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEer olOF ol ~ ~ LEOEoo. Rill , RIOHT OF lUr LS 'LA!<<> SURVEYOR La 'L I CEIIS€O BUS I HESS P,8, , PLAT 8001( po. . PAOl:; PSII , PROFESSIDHAl. SURV'EYOfI a ~R C,R. , COUNTr ROAD O.R, . OFFICIAl RECOfID LEOAl. OESCR I PT ION. PARCEL NO. I I ~A THE EAST OF 27 FEE7 OF 7HE FOLLOWINO DESCRIB<:D PROPtRTr I RIW U/)4 I I : i I I , , I I J !:; , I~~I -- "'( p..; I 1 ~ : Ojl i' ') I ~ I I : 'I <l:: I I '!;, I I ~ , I I I ~ I II~ ! III I I ) , I I I I \ I 1 1 I I' , I r : ik1 I I , r r , I r I I ! :~~:~-= LI~e __ I I I I I THE IIEST 317,,5 FEET OF 7HE EAST 367.5 FEET OF THE SOUTH 1/2 OF THE SOUTH J 12 OF THE S. 1/4 OF THE SW l/~ OF SECTIDH 8, TOllHSllJP 50 SOUTH. RAHOl:; 26 EAST, CO<.LIER COUllTr, ELOfIIOA, LESS A IS Foo7 ROAD EASEJOEllT AlON<l THE SOUTH EOCE THEREOF. WeST PROPurrf UNe FAITIIAPOSTOLIC CHURCH, mc. FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 ll! :j ~ ~ 0.: ,:" ~ '" - - - - - - - - - "'':::':::_:;'OO~"f:D Dn"AI~"E -: "Ur7/ir7ffi""c'Mc;r rCOIISTRUCTlOlI -----~_-L~~N~_ RIW U/)4 Sex, R/W FOR CCXJIfrY BAAN lION:! reR. Z681 IVIIDTH VARIESI sw ~ 01" THE sw ~ ' SECTIO/( B SE ~, OF THE SW ~ SECTlOlf 8 COUNTy BARN ROAD (C,R, 268) R/W U/)4 -r R/W Um "~American ~ "J'&1 Consulting Engineers of Florida, llC 4111 Land O' Lakes BlVd. Suit. 210 Land 0' L.kes, Florida 346j9 Phon.; (813) 996.2800 Fax: (813) 998-190B Oorllfloal. of Authorlzal/on No, 7110 ..xJE L ColleGE/:. PSII PFlOFcSSJOHA/. SU~ErOR AND I/APPER FLOR/[),I. ceFrrll"lCATE No. 64JO' C'Ol.LlER COUNTY DePA./lTMBNT OF '17UNsPoin-A.170N DRAWN BY. JCI.l CHECKED BY. SP DRAWING DATEr OB-/B-05 SCALE. 1".60' 'EXHIBIT j} Page_3o_ of_/;1_ OR: 4087 PG: 1011 '1\ ri ..4. ,Ii ~:->_. TEMPORARY , CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM ' , ' COMMENCEMENT OF CONSrRUCr'ONJ PROJECT NO. 60 [ 0 [ SHE:E:T .L OF .L PROJECT P ARCE L NO, 7 [ 4A ~ 30' ~ LEGAL DESCRIPTION AND SKETCH "' · i>'; L TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUnr, RANGE 26 EAST COLLIER COUNTY, FLORIDA -:::::: II I 1 / I I I __I ! , I I I I I ....~ I !~' Ie", <01 :::j I ~ ~I ~ r ti ti I '<i ,liilii/ ~ I / 0.; I I~, 1 I l~ ~ ill l~ ! ~ II -1--/ I I I I I I I / I I 1 WEST PROPEm UHE LECENQ.!. RIW . RI CHT OF WAY LS . LAND SURVEYOR LB . LICENSED'BUSINESS P.B. . PLAT BOOIo; PG. . PAGE PSU . PROFESSlONAL SURVEYOR a UAPPER C.R. . COUNTY ROAD O.R. . OFFICIAl. RECORD LECAL DESCRIPTION - PARCEL NO. 7J~ THE WEST 10 FEET OF' THE EAST .50 FEET OF THE FOLLOWING DESCRIBED PROPERTY, THE 'WEST 317.5 FEET OF THE EAST 367.5 FEET OF THE SOUTH 'I 12 OF' THE SOUTH J 12 OF THE S. I/~ OF THE S. J/~ OF SECTION 8, TOWNSHIP 50 SOUTH, RANCE 26 EAST, COLLIER COUNTY. FLORIDA, LESS A 15 FOOT ROAD EASEWENT ALONe THE SOUTH EDCE THEREOF. F AIm APOSTOLIC CHURCH, WC. FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 !:! :::j ~ ~ ~ / / I ~ I -/- 10' CONSTRUCTION EASEI.tEN'f. , I RIW FOR COOm BAA/{ RON) IC.I/, 268) ('rIf)[)TH VMJES) ~t 13' DRAINAGE, UTILITY EASEI.tEHTI. \ ~ \ ~- --r- EAST PROPEmr UHf:: &- Wf::STERt.:r R/W UHf:: OF coom BAA/{ RaNi IC.I/, 268) \ P I R/W Uoo sw ~ OF THE SW ~ SECTION 8 SE ~ OF THE SW ~ SECTION 8 COUNTY B.AR:N ROAD (C,R, 268) DRAWN BYI JCM ,,\~merican = ''6: ConsultIng Engineers of Florida, LLC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No, 7110 Joel C, MCGee, P,S.M, No. 6430 COLlJER COUNTY DEPARTMENT OF 17lA.NSPoRTA. TlON CHECKED BYt SP DRAWING DATEI 08-18-05 SCAlEI 1"060' OR: 4087 PG: 1012 EXHIBIT IJ Page_J '__ -0,_ Ii 16u .....,.; ",..9" PERP~ NQN-EXCLUSNE DRAINAGE AND UTILITY EAsEMENT PROJECT NOl 60101 PROJECT PARCEL NO: 814 LEGAL DESCRIPTION AND SKETCH DRAI:NAGE, UTILITYEASE:MENT (NOTA SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .LOF .L L.,30'-i ""==- Z Z~ , r 1 ~ I -/- -: II I r , r ,] I ~l~..i!~ I ~ ~I ~ 1 b 01 <.j I ~~I ~ I I a.: I J ~ I 1 I~ I II j !/ [~ ! ~ I, -l-J I I I I I I I I 1 I 1 J"EGEND. RIW . RICHT OF' WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOl( PC. " PAGE PSIoI . PROFESS IONAL SURVEYOR a WAPPER C.R. . COUNTY ROAD O. R. . OFF I c r AL RECORD WEST PROPERrr UHf: LEGAL DESCRIPTION. PARCEL NO. 814 THE lIEST 13 FEET OF THE EAST' 40 FEET OF THE FOlLOWING DESCRIBED PROPERTY, THE lIEST 317.5 FEET OF THE EAST 367.5 FEET OF THE SOUTH 112 OF THE SOUTH 1/2 OF THE SW I 14 OF THE Sw 1/0( OF SECTION 8, TOJIINSHIP so SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS A IS FOOT ROAD EASEIoIENT ALONG THE SOUTH EDGE THEREOF . FAITH APOSTOLIC CHURCH, INC. FOLIO NUMBER: 00406280000 O,R. 2867, PG. 1415 ~ ::j ~ ~ ~ 13' DRAlNIl;E & UTllJTY EASEMENT- I LCONSTRUCTION EASEIJENT I II -1-_ 1/ _____ ........... EJt,R/W rOR CWIfTY BN/H RON) (CJl. 25lI1 IWIGrH VN/JESI ~ \ ~- --r- EAST P~Rrr UHE & WESTERlY R/W UHE OF' CWIfTY BN/N lION) (CJl. 25lI1 R/W line OF THE sw YL OF SECTION 8 OF THE SW ~ }IF_SECTION 8 COUNTY BARN ROAD (C.R.268) DRAWN BY, JCM C'OLLJER COUNTY DEPARTMENT OF T1UNsPoRTA TrON CHECKED BY, SP DRAWING DATE, 08-18-05 SCALE, 1"-60' OR: 4087 PG: 1013 EXHIBIT A " Page- 30'2.. __ of 7 J. .' ~~-" ~I j PERPf:TJ u. , N ROAD' Rii3HT:o,; ON-EXCLUSIVE AND ,,.,.. ~'Y, DRA/NAGf w , ,UTY'EAseMENT PROJECT NOz 60101 PROJECT PARCEL NOz 114B LEGALDESCRIPnON AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEEr .LOF .L 20' -'-- ~ ~ ~L- - LEOEND. RI1r , RIGHT OF WAY LS 'LAIiO SURVEYOO L8 'LICENSED IlUSIIiESS P,8, , PLAT BOOtt PO, , PAGE PSI.I , PROFESS r DNAl, SURVEYOO a IoII.PP[R C, R. , COUNTY ROAD a.R. . OFFICIAl, RtCOOO 50' PIIOPOseD RIW I ~' ,.::J ,~ lei :~ ICl; l~ I~ I j ( I I , , I J I, I I ~ ..., LECAl, DESCRIPTION - PARCEL HO. 1148 THE we:ST 50 FEET OF THE EAST 100 FEET OF THE SOUTH 15 FEET Of THE FQ.LOWIHO OESCRlatO PROPERTY, ~ I~ I~ i:: g '" THE we:ST 317,5 FEET Of THE EAST 367.5 FEET Of THE SOUTH J 12 Of THE SOUTH J 12 Of THE SW 1/4 Of THE Sir 114 Of S[CTION 8. TaWlfSH!p 50 SOUTH, RANCE: 26 EAST, CQ.LIER COUNTY, FLORIDA. foWl TI N ROPl'Q. a a.R. 657. po. 797 FAITH APClSTQ.IC CHURCH. 1/fC. a.R. 2861. pc. 1415 -e"", "'. """'''', "'''KN". & UTILIT't' ellSelJeNT /- CONSTRUcTION cllSelJeNT ~------ L:PIlOPOSED DRAINN3e, UTILITY EIISEIJENT -------------------- PROPoseD R/W LINe RIW UM - RIW LIM COUNlYBARNROAD (C.R. 268) ~ ~ '"' ~ Vi ellST PIIOPeRTY UNe & weSTERLY R/W LINc OF CWNTY BARN ROAD IC.R. 2681 ~ cll. R/W FOR CWNTY BARN ROAD IC.R. 2681 IWIDTH VARieS) sw ~ OF THE SW ~ SECT/ON 8 SE ~ OF THE SW ~ SECTION 8 R/W UM ff~merican "A: ConSUlting Engineers of FlorIda, LLC 4111 LInd 0' Llku Blvd. Suit. 210 LInd 0' Laku, Florida 34639 Phon.: (813) 996.2800 FIX: (813) 998-1908 Oorllflolto of Authorlzsl/on No. 7110 ~L CoMeGU:. PSJi f'fJ;)FESSIOIIN, SUIWEro/1 NrO J/N'PER FI..oilta,I. CERTIf"ICJJ'E No. 6fJO C"Oi.LJERC'OUNTr DI1PdRTMENT OP 'l7UNsPoRTA.7TON DRAWN BY, JCM CHECKED BY, Sp DRAWINO DATEr OS-IS-05 SCALE', I ~;40' OR: 4087 PG: 1014 EXHJBIT--L Pa~ 3~ of '7~_ ''::7) 16u -' TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARs FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO: 60101 PROJECT PARCEL NO: 714 B SHeer ..L. OF ..L. L 20' LEGAL DESCRIPTION AND SKETCH -- 2; Z TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TO\VNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I I [ I I [~ J..... !~ I~ J~ ) Q; r ~ ! ~ I "- I 52' CONSTRUCTION EASEM~Nr. I 1 I I I I I 15,1 I 1 J LEGAL DESCRIPTION - PARCEL NO. 714 B THE WEST 52 FEET OF EAST 152 FEET OF THE SOUTH 15 FEET OF THE SW 1/4 OF THE SW r /4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. l.WlTl N ROPPOlO . O.R. 657, PG. 797 LEGEND..!.. RIW . RIOHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PO. . PAGE PSU . PRO'ESSIONAL SURVEYOR 8 U,l,PPER C.R. . COUNTY ROAO O.R. . OFFICIAL RECORD --C:TING 50' ROADilAY. DRAlN"'E. & UTILITY EASEMENT RIW FOR COUNTY BARN ROAD (C.R. 268) (WIDTH VARIES) ~ -- RIW'Llno COUNTY BARN ROAD (C.R. 268) ~merican' = ~'.a ConSUlting Engineers of Florida. LLC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakes, FlorIda 34639 Phone; (813) 998-2800 Fax: (813) 996-1908 Certlfloate of AuthorIzatIon No. 7110 Joel C. MaGee, P.S.M. No. 6430 r~ r>< ~~ -L- ~ C\) ~ ~ ;... ~ rd !<:l Vj Vj I~ .... ..... I ~ I Cl: I .Jt I ~ I I:r:; ~ I~ ~ ~ ~ [ I I 1 I I 'AITH APOSTOlIC CHURCH, INC. O.R. 2867, 'PO. 104/5 L -L::~RU~~ L::~~S:r:. ~R~':.~,- U:~/!! _ ~AS:.~E~r ~ -.!'ROPOSED RIW LINE - RiW LIne EAST PROPERTY LINE &- WESTERLY RIW' LINE OF COUNTY BARN ROAD (C.R. 268) SW Y.t OF THE SW Y.t SECTION 8 SE Y.t OF THE SW Y.t SECTION 8 --- C'OLLJER COUNTY DEPARTMENT OF 'l'RANSPoRTA TlON DRAWN BY, JCM CHECKED BY, sp DRAWING DATE, 08-18-05 SCALE I I ".40' OR: 4087 PG: 1015 eXHIBIT_ A Page~3Lj_ oL 7:<- - 168 =f"/ ~1' :; TF.MP~ DRIVEWAY RESTORA11DN EASEMr:,NT (OUt{ATlCIlaVlARs FROM COMMElltvEMINt' OF CONSTRUCTION), PROJECT NO: 60101 PROJECT PARCEL NO: 714 C LEGAL DESCRIPTION AND SKETCH TEMPORARY DRIVEWAY RESTORA nON EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET.L OF .L L 20' -l ~z~ WEST PROPERTY LINE LEGEND, RIW . RIGHT Of' WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK Po. . PAGE psu . PROFESSIONAl SURVEYOR a ~PPER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD -eXISTING SO' RO~AY' ORAINME S, UTILITY EASEMENT :MARTIN RQPPOLO FOLIO NU11BER: 00427320004 O,R. 657, PG. 797 52: TEMPORARY DRNEW AY RESTORATlONfASEMENT I ,I ,I , I !::::~ 1 1 ~~ I I ~Q I '/ <..l ti I I ~ I I I / J I , I / I I I ~I : .::j I 1 ~ I I t5 I I g..: I () ~ I 1 ~ I 1 g: I !ill '" [ 1 J I i I ~ I I 1 1 1 LEGAL DESCRIPTION - PARCEL NO. 714 C ~ .... ..., THE WEST 52 FEET OF E~ST 152 FEET OF THE NORTH 15 FEET OF THE NW 1/4 OF THE NW I /4 OF SECT! ON 17, TOWNSH I P $0 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~ t5 ~ n.: ~ ~ RIW FOR COUNTY BARN ROAD (C.R. 268) (WIDTH VARIES) \EASr =-:TY LINE & WESTERLY RIW LINE OF COUNTY BARN ROAD (CR. !~ 1:>< I~ 16' I ' --J , I RIW LIne - r, 268) COUNTY BARN ROAD (C.R. 268) NW '14 OF THE NW '14 SECTION /7 NE '14 OF THE NW '14 SECTION /7 '~American ~'. Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloate of AuthorIzation No. 7110 Joel C. MOGee, P.,S;M. No. 6430 COLLIER COUNrr DEPARTMENT OF TRA.NSPohTA770N DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. 08-18-05 . SCALE. IH.40' PROJECT NO. 60101 I PROJECT PARCEL NO. 115 I LEGAL DES!CRIPTION AND SKETCH PROPOSED RIGHT OF WAY I . (NOT A SURVEY) r SECTION 8, TOWN$ffiP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA JCTOY 7 sECTOY 8 I I I I ! LECEII)a RI1I . RIGHf OF WAY LS . LAND SlIRVEYoo La . LICENSED BUSINESS P. a. . PI. A T aOOlt ~. . PACE PSIoI . PIlOFESSIOIU.l. SURVEYOO I Iolo\Pl>ER C.R. . COUNTY Ro.o O.R. . OFFICIAL RECOIIO ------------------ ~- - --- RIW u,.,. ::'~ED R~_ LINE ~ Ex. RIW FOR o COONTY BARN RON) (CR. 2681 !;;! fWlarH V,I.R/ESI RIW U;;,,- I r I EXIHIB/T-LL Pa~t3S: 0'- /.'2 - FEi SIMPLE r INiTEREST WEST PROPERTY UNE OR: 4087 PG: 1016 168 3 SHEET 1.. OF 1.. 50' ~~ ~ LEGAL DESCRIPTION _ PA NO. 115 THE WEST 50 FEEf OF T E EAST 100 FEET OF THE NORTH 112 Of THE, SOUT 1/2 OF THE SII' J I~ OF THE SI\' I/~ OF SECT! ON 8. TOINSH IPSO SOUTH. RANGE 26 EAST. COlLIE COUNTY, FLOOIDA. ~ ::::i ~ ~ ~ I I i ! ! ! ! i I I I BARB~ F JONES TRUST r FOLIO NpMBER: 00404200008 O.R. 2450, PG. 893 I EAST PROPERTY LINE &- WESTERlY Ex. R/W LINE: OF COONTY BAliN ROAD (C.R. 2681 SIt' I~ a: THe 5lt' y. SECTOY 8 SE ~ OF THE 5lt' Y. SECTICW 8 ! ---_L_ I I I I I "~Ame'rican .~ "'.a Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34839 Phone: (813) 996-2800 Fex: (813) 995-1908 Certificate of Authorization No. 7110 I I I J I I I I ';ll 1\ l:;j \ \ \>: \ \ IS \ \ ~ 11 : I~ : ~ , , : I J I I I I I I I I I I I I I --- R/W U,.,. - - --... -- --...;, -- COUNTY BARN ROAD (C.R. 268) ------ RIW U~ JOEL C.IicGEE. PSM PROFESSOiAl. SVRVEroo, AND ItIN>P!R FLOII1DA CEFrrIFJC.IjE No. 64J() C'OU.IBR COllNrr DEP...tJlTHENr OF ~A17ON DRAWN BY, JCM CHECKED BY, SP DRAWING DATE, 01-13-06 SCAI!:'. , ~.l "". EXHIBIT-L Page..."J tJJ _ of_ / ~ OR: 4087 PG: 1017 SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIEr? COUNTY, FLORIDA PARCEL NO. 718A AND 718B " PROPERTY OWNER: WOODMERE RAQUET CLUB = REFERENCE: O.R. 2820. PG. 469 AREA OF TAkE: -1.140 SQ, FT.:f: TOTAL --= ~~ No ,~ C3 CI) /, a ~ ~ Q:: "CQcj ~gso:.: ~~~ >-UI") Q::C6~ Q:: ~ 0:: d ~Q::O) P::!:g~ lJ.]-J 0:.: -J r" 00,-, o:::()o:.: 0:.: ~<.,J ~ Q'V8 <:~~ "C'"'-J"" -J-J ~l.!..0:: 5:0d TEMPORARY CONSTRUCTION EASEMENT FROM MENCEMENT OF CONSTRUCTION) ~ c:i 0:: )... -J ~ V) L5 ~ ~ (:j CI) (jj x ~ LU )... ~ ~ CI) o o + OJ r--. o o + r--. r--. all) <:~ =2~ <.!)cj ~o:.: ~ ~ 0) t5~ ~~ ~Q:: o:.:d "CLJ+l ~~f..: ",f..:l.t.. ,..J@o l,ij(j Vj V) 00 Q:: 0..0 "l:t- ~ ' o:.:O::~ 0.- '-- <.3 ~ 23 gsm :r:~ <..)0 <:0:.: "C ~<:5 ~~ ~~ u, Q:: ~d, 52 o o + to 1""- +84.21 50.00 R La J I Q 6 Q::~ ~d ~O:: ~2 ~c u ~. ~ ;Lw~ 0 ;::J' 0 W(j tt CJo... r--. -s ~ ltj ~o ~~ :$ "0:: d 8 + "<t- r-- +32.21 50,00 R kJ <: ::J P.O.B. PARCEL 718A (.:: ~ o it >- -J es ~ ::::, o CI) (() -.J ~ PARCEL 7188 PROPOSED T. C.E, (160 SQ. FT. ::1:) L5 P.O.B. PARCEL 7188 +21.19 50,QO'R ~ }",a 'O:t-Ol ~ '15 :"1"1".. gC\J <: to ,... -JI". P::~~ 8 ~Bcj + /"') 0"<'(0:.: r--. ~ <.!) It) ~ LW~ "C~"'J I ::E~~ ua::: I 0 I 0 0 + N r--. LINE TAB.LE .I.ft:1.QJH BE A RI Nfl 29.88' N 60'42'47" W 10.00' N 06'42'47" W 10.ob' S 89'42'47" E 10.00' S 00'42'47" E 10.00' N 89'42'47" W 111.02' N 00'42'47" W 52.01' N 00'42'47" W 20.00' S 89'42'47" E 52.01' S 00'42'47" E 20,00' N 89'42'47" W 1.1fif Lt L2 LJ L4 L5 L6 L7 L8 L9 Lto ~ <: ::;:, o () f5 - -J c5 () P,6,c, = POINT OF COMMENCMENT P,O.8. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY L- . ~ ., ~lo. ~. " --A!',,- 'f" ~~ THIS LEGAL DESCRIPTION AND SKETCH P~EPARED 8Y: OF 2 ....:1\ ::::tlSNOLI ..... ::::: ARBER & ......13 ...... ' ...... RUNDAG:E,llt'c. Professional englrteers, planners, &: land surveyors Cow.. Counl)': 8\Uf.o 200, 7400 T.",(omJ Tu.n, lIorthl lIapl... J"r. :U1DB (2~g)5g7-~111 Loa COUl1lr, gggO COoOl1ut lI<>ad, 8\Ula 10~1 Bol1!t& Bprib,., J"r. :Ul~5 (lUg)U8-BB5~ CarUttoala ot },ulhorilaUol1 110.. lJl ~au lAd liB ~Ba. ra,,, (2~g)CHIa-22D3 ::J if~j;~;'~w~~~~~~~':~:s.~. NO. 5606 SCALE:'=:', ,1",..,;,; '8'0" 'DATE:AUG. 23. 20QQ ,DRAWN BY:-Mti, , P~OJE_tJ. NO'.:13081-C6B .ACAD;':NO:.9073~str71e., FILE NO: 907~ EXHIBIT A Page~37 '" of ~ OR: 4087 PG: 1018 163 :3 TEMPORARy CONSTRUCTION EAsEMENT (DURATION: 3 YEARS FROM C bMMENCEMENT OF CONSTRUCTION) . ' LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "A") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS,' COMMENCING AT THE SOUTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF 'COLLIER COUNTY, FLORIDA, SAID CORNER L. YING ON THE EASTERL Y RIGHT OF WA Y LINE OF CO,UNTY BARN ROAD (100' R.O. W.); THENCE NORTH 00'42'47" WEST ALONG SAID EASTERL Y RIGHT OF WA Y LINE A DISTANCE OF 150.90 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SECTION 8,. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA THENCE CONTINUING NORTH 00'42'47" WtST ALONG SAID EASTERL Y RIGHT OF WA Y LINE A DISTANCE OF 52.01 FEET; THENCE LEA VlNG, SAID EASTERLY RIGHT OF WA Y LINE SOUTH 89 '42' 47" EAST A DISTANCE OF 20,00 FEET; tHENCE SOUTH 00'42'47" EAST ALONG A LINE 20.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 52.01 FEET,' THENCE NORTH 89'42'47" WEST A DISTANCE OF 20,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,040 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO tASEMENTS AND RESTRICTIONS OF RtCORD; ABSTRACT NOT REVIEWED. AND LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "B") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEINe MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHWESTERLY CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDs OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O. W.),' THENCE NORTH 00'42'47" WEST ALONG SAID EASTERL Y RIGHT 6F WA Y LINE A DISTANCE OF 29.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 10.00 FEET; THENCE LEA VING SAID EASTERLY RIGHT OF WA Y LINE SOUTH 89'42'47" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 00"42'47" EAST ALONG A LINE 10.06 FEET EASTERLY FROM AND PARALLEL WiTH SAID f?/GHT OF WA Y LINE A DISTANCE OF 16.00 FEET; , THENCE NORTH 89'42'47" WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 100 SQUARE FEET OF LAND MORE OR LESS,' SUBJECT T6 EASEMENTS AND RESTRICTiONS OF RECORD; ABSTRACT NOT REViEWED, TEMPORARy CONSTRUCTIoN EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIOr,.! .....,... '. , , , '. LEGAL. DESCRI~1;ION,.ANP.V:SKE.>;C.:H. SHEET 2; OF 2 THIS LEGAL DESCRI P TI ON AN D SKETCH PREP MED BY: ~E~CRIP~~N: f ARgEL~ 71(1#; ,~.~P; 2'1 e!i'~ :: "C4' . CLlE~Z' COLLI ERC,OUN,t)3"R~SPORTA<i10~. D1ViSI ON . . ' ,<:,. ,:.~~:..: ~;~;"'~:;;",::~ ",: . .".~ ;;,;Sy:',..::,:,:?:";, " ,~;,02~, """ " F', .";',, , ' >,,;1; W"'f:';)'-OEOP{GE:~:V(':"HACKNE'OFt?,~,M. NO. 5606 SCALE:';::':',-' ~ N;T~~:::)'~A1E:AUG. 23., 200Q DRAwN BY:~... PROJECT NO.:.80a1-CBB. ACAD Nb:,.9073:"SP71:~,~ "'''FICE NO: 9.o7~ ,. '", {"'", i.~..' . ....!!J\ ::::tlGNOIJ .....u :::::UARBER & ......(3 ...... , ...... RUNDAGE,IlIC. Professional englileers, planneril. &: land BW'vllyors ColU... Count;r: lfuit.e 200, noo Tomloml '!'ran, N01'\J1I N.pl... n. UIOlI (23g)~g7-!,111 t.. Coun!.n UUIIO c-""t Ilo'&d, IIulte IO!, BOILIte /IPlUlp. n. 1141811 (2;lIU~-aaea C4Irt1tl..te or J.uU"it\u.Uo" 11'... LIl lIeU ~4 IB UU 1&%1 (IU)5M-uoa .EXHIBIT A Page.L3?? of_7~_ OR: 4087 PG: 1019 ~ .PERPETUAl., NON-EXcLUS1VE ROAD RIGHT~-vvAY, DRAINAGE AND unUTY'EA8EMENT PROJECT NO, 60101 PROJECT PARCEL NO, 119A-j LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEeT .L OF .L 50' ~~ ~ __RIW u"" ----L-------l------______---L__---.!ll:!!....l!..~ s iIW!4 if II>! sw !4 if S<tcIIOtl 8 EX. RIW FOR NE!4 if II>! SW!4 if S<tcIlfXI B COOm BARN ROM (CR. 2681 (\IfIDTH VARIES) COUNTY BARN ROAD (C.R. 268) ---- R/W U"" L= I EXIST/~-;;;;;;;;:-- UT/U7Y EASE/lENT ------- R/W Une -------- -- LEDAL DESCRIPTIO<< . PARCEL NO, 119A-j THE EAST 50 FEET OF THE WEST 100 FEET OF THE FO\.LOIIIND DESCRIBED PROPERTY, THE SOUTH 1/2 OF THE SOUTH 1 /2 OF THE NE 1/4 F THE SII,I /4 SECTIOll 8, TOI\'NSHIP 50 SOUTH, RAND 26 EAST, COLLIER COUNTY, FLORIOA, HIGHLAND PROPERTY OF LEE & COLLIER FOLIO NUMBER: 00403160000 O.R. 1200, PG. 199 ~ ::;j ~ lli ~ ~ Vj !U ~ ~ ~ ~ S1 LEC[NO. Rill . RICHT OF JI.lY LS . LANO SURVEYOR LB . L I CEHSEO BUS I HESS p.e. . Pl.AT 6001( PO, . PADE PSII . PROf'ESS/Ol!,I,L SURVEyOR a lI.\Pl'ER c. R. . COUHTy R040 O.R. . OFFICIAl. RECORQ ~ ? "~American "'l~ Consulting EngIneers of Florida, LLC 4111 Land 0' Lak.. Blvd. Sufi. 210 Land O' Lakes, Florida 34639 Phona: (813) 996-2800 Fax: (813) 996.1908 O.rtlf/cot. of Authorlzatfon No, 7110 C'OLUE.R COONrr DEPARTMENT OF '17UNsiJoRTA.TrON JOEL c'/lcGCE. PS/I PRbFESSIOII.Jl SVR-lE:fOR AIID /lAFPER FWllIDA CERTIFICATe: 110. 6430 DRAWN BY, JCI.l CHECKED BY. SP DRAWING DATE. OS-IS-05 SCALE. ''''100' EXHIBIT A Page. '3Q -40'_ 7 ~ OR: 4087 PG: 1020 '6n .' h .~.. . . L.I "'"4 ~.'" ~ PERPETUAL. NON-EXCLUSIVE ROAD RIGHT.()FooWA.Y, DRAINAG~ AND UTIUTY'EASEMENT PROJECT NOI 60101 PROJECT PARCEL NOI 119A-2 SHeET 1. OF 1. ~ -'- ~ t----=- LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA f!..~ ------l--------______-L-_____~!!~ R/W FOR COOiffY BAlIH ROAD ICR. 2$8) IWIOTH V AlIIESI 1M ~ if Ihl SW ~ if 5<<:110/1 8 HE v.. or thl SW!l.t or 5<<:110/1 8 WESr PROPERTY LINE &, EASrf:RlJ' R/W LlNf: OF COONTY BARN ROAD IC.R. 26!JJ R/W UI'II> ----=-- EXISTING DRAlNMf:.~ - _l!!~ !:'3.~IJ~~ _ _ _~__ ---- LEGAL OESCRIPTION - PARCEL THE EAST 50 FEET a: THE lIE T 100 FEET a: THE NalTH I i'Z a: THE S. 1/4 ~ THE HE 1/4 a: THE S. 1/4 Of' S€CTION 8. TOllNSHIP SO SCUTt!. RAllO[ 26 EAST. COl.L IER CCUNTY, FLOR OA, LESS THE NORTH 30 FEET THEREOf'. ~ H 0'0\ C,)o "d2 o ~NO\ ~8"<j- >-<"<j-OQ ~gd ~,~ ~ ~~;::: 'p., o ,~ ~ . p.,00 ~~ ~ S ~ ~ ~ l5 ~ ~ "l EAST" PFlOPf:F/TY UNf: LEC€NO , RIW . RIGHT Of' WAY LS . LANa SURVEYOR LB . L I CENSEO BUS I HESS P.B. . PlAT 8QQ1( PO. . PAC€ PSiol , PROf'ESS I ONAl. SURVEYOR a I/4P1>fR C,R.'. COUNTY ROAD O.R. . a:FICfAl. Rt:CllRtl r;~American ~ "'A: ConsUlting Engineers of Florida, LLC 4111 Lsnd D. Lsk.. BlVd. Sulfs 210 Lsnd 0' Laks., Florlds 34839 Phon.: (813) 998-2800 Fsx: (813) 998-1908 Corf/flealo of Authorlzst/on No. 7110 COUNTY BARN ROAD (C.R. 268) ----------- R/W U"" ---------------- ------ ~ ::i ffi ~ i:: ~ JOEL C,lJcGEE, PSIJ PFiOF'f:SSIOHA/.. SUfYE:rOR tWD IJAPPER FLORIDA Cf:R1'IFICATf: No. 6430 C'Oi..1..lER COUN:rr DHPARTMBNT OF 17U.Nsi>oRTA'lTON DRAWN BY. JCM CHECKED BY, Sp DRAWING DATEI OS-IS-05 SCALE. I W, 100' OR: 4087 PG: 1021 EXHIBIT ~ Ljo -6f A 7<2 .100 3 FEE SIMPLE .INTEREST PROJECT NOr 60101 PROJECT PARCEL NO, 119C LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 Sourn, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHUT LOF L 50' ~~ "'- ~ UCAl.. D!:SCRIPTlON . PARCEL H<l. 119C THE EAST 50 FEET [)II THE IlEST 100 FEET [)II THE FOLLOIIH<l OESCRlllfe l'ROPi:RTY, THE SOUTH r 12 [)II THE NORTH 112 [)II THE NE l/~ [)II THE SI I/~ SECTION a, TD1WlSHIP 50 SOUTH, RAHGE 26 EAST, COLLIER COUNTY. FLOR10A. '!../W UIltJ ----------~-------------1-J_..!!!J!._l!..1ltJ s COUNTY BARN ROAD (C,R 268) Nrf ~ rf Ih> sw ~ rf 5<!cII()() 8 HE: Y'~ rf Ih> sw ~ rf 5<!cII()() 8 WEST PROPE:RTY WIE & EASTElla fl/W LlHE: OF COONTY BARN flO).[) IC,fl, Z$(J} ---------- fl/W UIltJ EXISTING DflAlH/(]E:'~ rmurr EASEMENT ---------------------- ---------- ~ ~ o u COLLIER COUNTY FOLIO NUMBER: 00403440005 O.R. 1001, PG. 825-828 \g :j ~ ~ 0.; ~ !i1 ~ ~ ~ ~ I.ij LEC[NO, Rill . RIGHT [)II lAY LS . LANO SURVEYOR LB . L I CEHSEO BUS I HESS P.B, . Pt.AT BOOK pc. . PAC[ PSIoI . PR[)IIESS I OHAl.. SURytyOfl II I.l4I'PER C. R. . COUNTY ROAD O.R. . [)IIF ICIAl. RtCORQ 1tmerican ~ 'r;a: ConsUlting Engineers of Florida.. LLC 4111 Land 0' Lakes BlVd. Suit. 210 Land 0' Lake., Florid. 34B39 Phon.: (813) 99B-2800 Fax: (813) 99B-1908 Csrtiflosl. of AuthorIzation No. 7110 JOeL c,/kGEF:. PSII PROF'ESSJON-'L SVRVE'rOR AND IIAPPE:fl FLORtDA CEIfT'IF'JC.V" E No. 6430 DRAWN BY, JCM COLl.JEJl CY.XlNTr DEPARTMENT OP 'l'RA.NsPoRTA. TfON CHECKED BY, SP DRAWING DATE. OS-IS-05 SCALE. J~'IOO' EXHIBIT -L Page-CtL 01_7;2_ OR: 4087 PG: 1022 1~,. SECTION 8} ToWNSHIP 50 SOUTH, RANGE: 26 EAST COLLIER COUNTY} FLORIDA PARCEL NO. Jail' PROPERTY OWNER: MICHAEL de RUTH HUGHES 'REFERENCE: O.R, 2218. PG. 1409 ARE;A OF TAKE:: ...Q,20 ACRES :l:: 524 BROADWA Y COMPANY; L.P. r O.R. 1072, PG. 875 I -- --- --- - -J D~ -0 titv') C\J tti -.:to.. 0.. a" ~c.o Ll) I-C\J eJ. QJ~ 00 Q:: ~~ N~ O ~ '0 V) 524 BROADWA Y COMPANY, L.P. O.R. 1245, PG. 902 o o + OJ OJ -- --- -- -- +34.33 50.00 R I j MICHAEL & RUTH HUGHES . O,R. 22181 PG. 1409'0 o + to co :s:: lJ.J · 0< :;;:Oli=l ~":01 :-t-R'<C Ol'./ctl o >- <: ~ ~ ~ PARCEL tao PROPOSED R. O. w., DRAINAGe AND UTILITY cASEMeNT (0.20 ACRES :1:) ~L,N~CLUSNE RtGHT-()FoWA,y, DFWNAGE AND UTILITY EAseMENT ?i c:i n:: C!l ~ CIj x LJ Q 6 Q::~ '<= . Q::O -.:t' QJ~ I ~gl ~CI I I ~ ~~ s~ :0 uti p::;Q ~,..:- -Jo , 'cS2 (j a:: a '.0 o "<l- co 25.00' COPE LANE = QOJ Q::OJ &:~ LC --(3 (ja.... <=" :%C\J ~ti!; ~. a~ ;'0 o o + N co ~ 0) ~~"'1- P::lJJOJ l1.J:J(3 @ScSQ Q:: (j " Q~~ ~kI;:: "'( ll] . -J-JQ:: ~ ci 5: P.O,C. P.O.B. R.O,W. == POINT OF 'COMMENCMENT = POINT OF BEGINNING ::'::: RIGHT~OF-WAY . . . . . ~ ': ,... 'j .. . THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ~. I' LEGAL DE-SCRIPTION ANQ SK'E'TC~ SHEET 1 DESCRIPTION: PA~,CEL 1c9D -,'\ ,',. , CLIENT: COlLIER' COUNTY TR' !<JSPORTATION DIVISION '. . . I, '1 OF 2 ....!I\ ::::Ci.GNOLI .....!l:) :::::UARBER & ......13 ...... . ...... rtuNnAGE,mc. Professional engineers, planners, &. land surveyors ColUor CountTI S'uU. ~oo. uoo Tumom\ Troll, Northl Ilopl.., 7L SH08 (~Sgi~g7-SI11 Leo countT' gOOo Cooonut Rood, S'ulto 10s: Bonito. Sprlzlt., 7L S~lsc .(~3g "8-8889 aorUlJoolA of .\.uu,ol'l.oUon Ifo.. LIt S88~ oad !:II 388~ FUI (230 C~8-Z203 /f ':1 1.,1 8Y: .,' , . 'GE;ORGE W; HACI< Y, P.S.M, NO. 5606 SCALE: 1"::: 1 0'0' DA TE: MAY 6, 2.Q.QQ. DRAWN BY:~ ,PROJECT NO,: 8081-CB[1 ACAD NO: 9073-SD11 0 FILE NO: 907;2. , t::.^HIBIT~ .~ Pa~, LftJ of - ..~~ OR: 4087 PP:O(1~3 "7 .1 r..) SECT/ON 8, ToWNSHIP 50 SOUTH, RANG[ 26 [AST COLLIER COUNTY; FLORIOA LEGAL DESCRIPTION OF PARCEL .~&O LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEn OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2218 PAGE 1409 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.20 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL, NON-EXCLUSIVE 'ROAD RIGHT -OF-WAY, DRAINAGE NJ:) UTIUTY EASEMENT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: . . ' I i.f 1\ ('0 . LEGAL DESCRIPTION.. A:Q.Q. :rS,~~,~~H' SHEET 2 OF 2 DESCRIPTION: PARCEL t~D ,\,;', ',;,.... ". . . '.' .... '\.' CLIENT: COLLIER 'COUNTY' mANS~9~!frrIO~".DIVISION . . . () : " . BY: .', . , ....~ '.R~~ w: ~AC~N '(. .r.S.M. NO, 5606 SCALE:'~ N\ T,:R;, '.' D;A. TE: MAY 6. 2005. . DRAWN BY:~ . PROJtCT NO.: 8081-C8E. ACAD NO: 9073"":SDn o. FILE NO: 9,073 ....~ ::::tlGNOLI .....13 . ..... ..... ARBER & ......13 ...... ...... RUNDAGE,lllO. Professional engineers, pla.nners, &. la.nd surveyors C01l1er Counly, Buit. 200. 1'00 To.m1o.m1 Tull. North, Nlpl.., 1L 34108 (2~g)ag1-3111 L.. COlUlly: gOO 0 Cooonul ROld, Sulle 1031 Bonito. Sprfn,., 1L 341~a (2~g)g4e-eee~ C.rtilSolle or AU!.hOrluUon Nor. LB ~ee, and ~B 5184 ru: (2~g)aee-2205 OR: 4087 PG: 1024 EXHIBIT A Page_L/~,- -0,_ I~_ ~L.NON~ RCW> R'GHT;.QF~y, DRMI-. AN:> UTlUTY EASEII!Nt ~'- PROJECT NOI 60/01 PROJECT PARCEL NOI 121 ""- LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (N'OT A SURVEY) SECTION 8, TOWNSIDP 50S0UTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .L OF .L ~ ~~ LEGAl, O€SCRJPTlOII . PARCEL NO. 121 THE 'lEST 25 FEET CI' THE E"'ST 7S FEET CI' THE FOLLOWING DESCRI BED PllOPER7r, THE IIO!ITH 2S FEET CI' THE SOUTH 1 n CI' THE IIO!ITH I n OF THE NIr I/~ OF THE SW J I~ OF SECTIOII a. TOlIIISHIP SO SOUTH, RAHOE 26 EAST, OF THE I'UllL I C RECOROS OF COLL I ER COUIITY. FLOR I 0..., I I 'WILLIAM & LETICIA PlLGER FOLIO NUMBER: 00404080008 O.R. 868, PG. 471 weST PROPeR7Y UNE: MICHAEL & RUTH HUGI1ES 0.11. 22/8, pa./489 ~ :J ~ ~ ~ :>t ~&:i ~ ~, ~::l::!~ :J...~ b<J e5~:>t ~~~ ::l::!"" i::' ~ ~~~ 524 8ROADWAY COMPANY, L.p. , a.H. 124!i. pa. 9132 '" '" ~ "" ~ ~~ '" ~~ ~!"" ~., ~ ~ el3 In : lS ~~ >l ~ ::.::::~.. ::.::::~.. ~cl '" ~ I =-=ig;-;;,., RIW Um exISTING DRAlNJGE. ~ UTIUTr EASEJ/ENT ---~- -- 25' --~-----~-- ~--~-- E:ASr PROPERTY LINE: &- WSrcRD' RIW LINE: OF" CWNTY BARN RON) (C.R. 2681 OF SEmON 8 COUNTY BARN ROAD OF SECTION 8 (C.R. 268) s NW ~ OF rHE: sw ~ NE: ~ OF rHE: Sf( ~ RIW Lim -- ------------------------------ RIW Ure LEotNO, RIW , RIOIlT OF .....Y LS 'LAHO SURVEYOR LB 'LICENSED BUSIIlESS P, B, . PLAT I!OOl PO, . P...ot PSI.l . PROFESSIONAL, SURVEYOR a IoIAPPER C. R, . COUNTY ROAD ' a.R. . Cl'FICIAL RtCORll "~American 'lira Consulting Engineers of Florida, LLC 4111 Land 0' Lakos Blvd. Sulto 210 Land 0' Lakos, f/orlda 34639 Phono: (813) 996-2800 Fax: (813) 996-1908 Cor/lffeat. 01 Authorization No. 7110 JOEL C.llcGIU:, PSII PROrESSJONA/.. SlJRlF:'fOR AYD J/N>PE:R F'l.OR(DA CE:ffl'IF'K:ATE: No.64JQ COi.l.iER C'()(JN']'y Di1P.4.R'1'MENr OP ~,(1'1ON DRAWN BY, JCM CHECKED BY. SP DRAWING DATE. OS-IS-05 SCALE', f H'l 00' EXHIBIT _ A _ Page..:- Lf Lf _ ot. \ 7 ~ OR: 4087 PG: 1025. . 6. """., ~'.. 1 ' ~.,J U SECTION 8, TOWNSHIP 50 SOUTH, RANGE: 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. l[)'!)" PROPE:RTY OWNER: 524 BROADWAY COMPANY. L.P. REFERENCE: O.R. 1245, 'PG. 902 AREA OF TAKE: 0,10 ACRES :l: FRANCISCO & ELIZABETH LOVOS O.R. 3440, PG. 0260 o o + C'l 0) ~ fS- -..J/'<) ,..J !-llC!) ~Q. 0::: ":t- ~ !J') ":t-. kJ"I- -..J 0::. :$~ ts.o ~; N';';" O ~ o tf) , "- t;)a ~~ 8:" ~ 524 BROADWA Y COMPANY, L.P. O.R. 1072, PG. 875 o o + o OJ ERPETUAL,NON.EXCLU~ R AD RIGHT-OF-WAY, DRAfNN3E AND UTILITY EASEMENT- _ :...--. . PARCEL kQQ PROPOSED R. O. w., 'DRAINAGE AND UTILITY, EASEMENT (D.7D ACRES :1:) 524 BROAOWA Y 8 C()MPANY, L.P. d; O.R. '1245, PG. 902 OJ 25. DO' +3.14 50.00'R S ci 0:: ~ Cl ~ d (I). rv~ I K -~ w . <:0 I , ~c2 ~ +J4-.J4 !:: '8 50.00'R :::::C -j 8 'I I ~ (,) I Lu ~ ,~ CiS ~ ~ a:: Vl D- -C) iit<"J ~ ~C!) ~Q. Q. C)~ ~co lC) I-C\i f5. can:; 00 '0::: --- MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 o o + to OJ 1-..0 "t-Ol ~c5 . "- g"'J ~ ~ eX) ~ ~~ oBeX) t, C) I '-J_l() N f5n::LO ::Jo~ c5 Q. (j P.O.C. = POINT OF COMMENCMENT P.O.8. = POINT OF Bt:GINNING (=<.,O.W, = RIGHT-OF-WAY . , THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ..'..~ ==:=tiGNOLI .....U :::::OARmlR & ......13 ...... ...... RUNDAOE,t!!c, Professional engIneers, planners, & land surveyora' ColU.r CounlYI Suit. 200, 7400 Tunl'mi TUll, North, NapI... n :HIOS (2Sg)Sg7-SII1 Le. CounlYI g..O Cooonul Ro.~, Sullo lOS, Bonll<. Spri11r', 1L !HISS (2S0)0{S-SSS3 C.rtiClo.to or AUlhoilnUon Ifo.. LB 3SS{ ln~ J:S 311{ Fu. (2S0)SIS-2203 . , " . :..~J'k ;.J If 'I . LEGAL DESCRIPTION AND'~S,k:It)'C:H. SHEET 1 OF 2 [)ESCRIPTION: PARCEL 1&&' . :,..,..,'.i'~ ",';. '<>;." CLIENT: COLLIER C6UNT/~TRANSPOR'TA~ION:' D'IVISJON ~ ,". BY: . . . . E" ,..,.'..H, ..CKNEY, , :tM. NO. 5606 SCALE: 1" = 100~ ,'DATE:' MAY 6, 200.,Q PRAWN 'E3Y:~. PROJECT No.: B081-CB8 ACAD NO:.90T3,-SDio~ FILE NO: 90.2,3, EXHIBIT_ 1- _ Page~ Lj)' o1.,./J_ SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA OR: 4087 PG: 1026 LEGAL DESCRIPTION OF PARCEL f'cQrQ LEGAL DE:SCRIPTlON (ROADWA Y, DRAINAGE: AND UTILITY EASEMENT) ALL THA T PART OF SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PART/CULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1245 PAGE 902 PUBLIC RECORDS OF COLLIER COUNTY; CONTAfNING 0.10 ACRES OF LAND MORE OR LE:SS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL, NON-EXClUSlVE ROAD RIGHT-oF-wAY, DRAINAGE AND UTlUTY EASeMENT , ....~ :~::tlGNOLI .....!I::J :::::iOARBER & ......13 ...... ...... ,RUNDAG-E,lIlo, Professional engineer"" 1?lanners. & land surveyors Colll.r Counl,: Bull. 200, 'I'~OO TunJlln! TuU. Horthl Hapl.., n 3'IOB (23g)~g7-3111 r... Counlrl gggO Cooonut' 1Il Hd. Bult. 103: BonJu Sprlnr', n 3'13B (23g)g~-B883 C.rtltloat. 'ot AU!horlE",q.lon Nor. LB 388' IlIl.d r:B 38H lUI (23g)888-220~ LEGAL DESCRIPTION ,AND, :SKETCH SHEET 2 OF 2 ','. . J..I " THI S LEGAL 0 EseRI P TION AND SKETCH PREP ARm 8 y, OESeRIP TION, PARCEL tab( .'.... '\:".' \ ,; , .0(..,.. " .. CLIENT: COLLIER COUNTY T~ANS~-P~:r/,:iJGl.N,'<D.IVISION . . " ..:.:,\" ,,':':", ~;:',:;,:'.~.~:"" ~ BY' '. ' , '. c:::mr.:..,.. ',;': " GEORGE, W~".'I\C,KN'~~, P,,~,.M. NO. 5606 1 ~,...' L~ 'I, '. ~ I',', I ~. . SCALE': ',"., .-,~.TIS::' BATE:,;~:MAY 6. 20tlli DRAWN E3Y:~ PR,OvEC'T:' NO.:BOB1-CB8, ACAD NO: 9 073....:sb 1 bg". . FILE NO: 9073 ' .' ....,. I'" '" .: EXH I.~J:r. , c1 , Page.. Lj re _ of~ / ~_ .L 0 r.i "?' OR: 4087 PG: 10~ SECTION 8} TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY} FLORIDA P.O.C. = POINT OF COMMENCMENT . P.O.B. ~ POINT OF BEGINNING ., ,,' .,. R.O.W. ~ RIGHT-OF-WAY LEGAL DESCRIPTIOI1..I\.f:!D. S.KErCH SHEET 1 THIS LEGAL OESCRI~TION AND SKETCH PREPARED BY, DESCRIPTION, PARCEL Qj... ~. ., :,. . . '" . CLIENT: COLLIER CO\JNTY TRANSPORTATION DIV!SION . . . ,.." .1, P ARea NO, }J3 PROPERTY OWNER: 524- BROADWAY COMPANY, L.P. REFERENCE: O.R. 1072. PG. 875 AREA OF' TAKE: 0.10ACRES ':I:' 8 -+ "t 01 FIRST HAITIAN ALLfANCE CHURCH O.R. 2735, PG. 2800 - - --- o o + N 01 FRANCISCO' & ELfZABETH LOVOS ERPETuAl, NON-ExClUSI\J€,R. ;3440, PG. 0260 R . RIGHT-Qf'~WA.Y. DRAINAGE AND unUTY EASEMENT PARCEL 1~ PROPOSED R.o. w., DRAINAGE AND UTILITY EASEMENT (0.10 ACRES :1:) 524 BROADWAY COMPANY, L.P. O.R. 1'072;' PG. 875 ' 25,00' o o + o 01' --- 524 BROAD WA Y COMPANY, L.P, O.R. 1245, PG. 902 o o + co co - ------.:- - - MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 o o + lO co ....!J\ ::::tlGNOLI .....11::> , :::::iJARBER & ......13 ......' , ...... RUNDAGE,mc. ProfeSSlonal engineers, planners, &: land Surveyors Colli.r Count,. Butt. 200, 7~00 'romlotni Trill, Horth, Hapl.., 1L :HI05 (2~;1~;7-~111 L.. Counll1 ;;;0 Coconut Rood, SuIt. lOS, )lonlt.. Sprin(I, 1L 841S~ (2S; ~ol3-585~ CerUNolt.o of AuthorloaUon HOI. LB 88H 'lid ED SeH lax, (2S; 855-220S l ~.~ N ~, O ~ , G CI) Q "<:( o Cr::~ <:':S; Q:: 0 . I""<:c:i .Ctl ~~8 l <:~ ::::,"-' o o ~ I ;..~ !'1o; t<'l10 I ~(O 8t\l ~ 8J~ ~t<) ,..J It.JQi ~Q. Q:: "t-' ~~ ~ a::~ -.:(. to ~ ci Ci .C,!) ~ CI) X Uj Lu ~ ~ ~ >- ~ Cl::: ~ / G~ -0 r:Jt<) "'-~ ~Q) -.:cQ. Q. 0' ~to lr.l f-.~ eJc:i ~a a:: +3.14- 50.00'R S:: I '"I , . t'o.Cl ";'0:> ~..: :'i'R gC\l ~ CXJ ~ t' <:~ :::::>CXJ o c..JQi 'Q. 8], -- ~Cl c5Cl 0- Ii a I I "'\ OF 2 BY:. : G.EO' GE W, HACKNEY, .S.M. NO, 5606 SCALE:: ,': = 100" 'DATE: MAY 6. 200Ei DRAWN' BY.:,~, PROJECT NO,:1l081-C8R ACAD NO: 9073~SD1 O~ FILE NO: 907.'3.' 1:X..HJBIT H.i.4-' Page -"- '-/7_ of 7 ::{_ OR: 4087 PG: 1028 . SteT/ON 8} TOWNSHiP 50 SOUTH, RANGE 26 [AST COLLIER COUNTY, FLORIDA '1/~' LEGAL DESCRIPTION OF' PARCEL /r93 LEGAL DESCRIP TlON (ROADWA Y, DRAINAGE AND UTlUTY EASEMENT) ALL THAT PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,' THE EAST 25.00 FEET OF THAT PARCEL RtCORDED IN OFFICIAL RECORDS BOOK 1072 PAGE 875 PUBLIC RECORDS OF COLLIER COUNTY; CONTAIN/NG 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRiCTIONS OF RECORD; PERPETUAL, NON-EXCLUSIVE ROAD RfGHT..QF-WA.Y, DRAINAGE At<<) UTIUTY 'EASEMENT :fHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: OF 2 ....,!/\ ::::tiGNOLI ' .II...!IJ :::::UARB1ilR & ......13 ...... ...... RUNDAGE,lllc. Protessional englneetB, planners, &: land SUrVllyors croill.,. crount.;r: Il'ullA 200" 7~0 TUI1IUI1I T:rt.!l, llorth) !l'pI.., n. lUl,i),'l (2'3~)~~7-3111 r... Count.;r: gggO Cooo"ut ll..d, Bult.a 1031 lIon1la. Ilpl'infw, 1L lUlllll (ug)m-~ee3 C8>1lllo.t.a or "ulb.orir.uo" N'o" Lll lIIlM ....d n 3e~ TUI (23g~-22oe . ...' BY;,:' :,. " . . , , " EOR,~E w;, ':H C NEY, "P.S.M. NO. 5606 "SCALf::: ,~:..:- :',F,Lif..s;:!": ,t>AT:ti~ MAY 6. 2Q,Q.Q. 'DRAWN SY:~ PRO'~~:CTNO.;Jl.Q81-CB8. ACAD. NO: 9o.73..,..SD~'Q.a":':;J'iLE NO: . 907~ . . . ': ... ',', "'.< ':' :l~ I '. ..I~~:~\.I..~ :~:""~"?rt.i: ~'.''':''''''~X\l'' EXHIBIT A Pa~ 42' of J;), -16 n J" ; ,I ",.' , '" ".,., ,,'J OR: 4087 PG: 1029 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY. DRAINAGE AND UTILITY EASEMENT PROJECT NOI 60101 PROJECT PARCEL NOI 124 LEGAL DESCRIPTION AND SKETCH -= ~ PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSEIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHUT .LOF .L ~ ~ LEO~L DESCRIPTJOIf . P.\RCEL NO, 12~ THE EAST' 50 FEET Of" THE lIEST 100 FE.ET Of" -THE FOLLDW'IHO OESCRIBED PROPERTY, RIW U"'__ THE HOOTH 112 Of" THE MORTH 112 Of" THE NE I/~ . Of" THE SW' I/~ Of" SECTJOIf 8, TOWNSHIP 50 SOUTH, RAIlOE 26 EAST. COLLIER COUIlTY, FLORIDA, --------L--'---___-LL__----l__ ----1l!JL!!!!'_ 1M ~ cf /m S1f ~ cf S<<:Iloo 8~OUN1Y BARN ROAD HE: l4 cf /Il! SW l4 cf S<<:I1M 8 (C.R. 268) WEsr PROPERrr LINE " EASrERLY RIW LINE OF } -----;;:;wiJ~ RIW U~- ----.._----- - - - - ~ -==. -..::::.. -=:- =::-- EXISrulG DIlA1NN3E, UrJLlrr EASEI/ENr -- ., 8 ., \l ~ VI ~ ~ \It ROBERT&PATIYFLICK ~ ls :.::i FOLIO NUMBER: 00402920005 ~ ~ ~ O.R. 2560, Pd. 2301 ~ ~ ~ ~ ~ ~ ~ 'ls ~ ,VI ~ :.::i ~ ~ ~ ~ ~~ ~ ~ LEGEHD. RIlr . RIOHT Of" W'AY LS . LAND SURVEYOR LB . LICEIlSED BUSINESS P. B. . I'LA T BOOI( PG. . PAGE PSII . PlIOf"ESS I 0IfJ.!. SURVEYOR a IoIIJ'P€R C.R. . COUIlTY ROAD O.R. . Of"FJCIJ.!. RECOflO ~ ~ EAST PROP!fITt UN! r;~American ~ .,~ ConsUlting Engineers of Florida, llC' 4111 Land O' L.akes BlVd, Suit. 210 Land O' Lakes, Florida 34839 ' Phone: (813) 99B-2800 Fax: (813) 998-1908 Cert/flaete of Authorlzetlon No. 7110 COLi.rBR COUNTy DBPA.RTHENT OF '1"RA.N5PoRTA,17ON ..cc L C. 'JkI;E E. PSJ/ PRrY !SS1JNN. SlJf?fE'fOR ),ND MAPPER FLORID.f. CI!/fT'IF/CM'e No. 64X! DRA'ftN BY, JCM CHECKED BYI SP DRAWING DATE. 08-18-05 SCAlEI 1-'100' EXHIBI'T ;g Page-ti.... of-1;L TOWNSHIP 50 SOUTH, RANGE 26 EASt COLLIER COUNTY,. FLORIDA I.. , . '. ,'. \ .' " LEGAL DESCRIPTION (%AD!'~SKETCH SHEET 1 OF 2 DESCRIPTION: PMCEL I , 1::- <'.': " . CLIENT:, .COLLlER COU.~.TY :rRANS~O~TAT!Q ;', I.~ISI,PN . t , BY: SECTION 8) PARCEL NO. J~6 PROPERTY OWNER: FRANCISCO de: ELlZABEiH LOVas REFERENCE: .Q.R. 3440, PG, 0260 AREA OF TAKE:: ...9.10 ACRES :l: v FLORIDA APARTMENT CLUB NAPLES O.R. .2852, PG. 1054 F7RST HAITIAN ALLIANCE' CHURCH O. R. 2735, PG. 2[300 P RPETuAL, NON-EXCLUS/.Ve. R RIGHT-OF_WAY, DRAI ~. AND UTILITY EASEMENT~ - - - - - FRANCfSCO & ELIZABETH LOVOS O.R. 3440, PG.. 0260 : PARCEL 1l:i,5 PROPOSED R.O. w., DRAINAGE AND UTILITY cASEMENT ~ 00' (0.10 ACRE'S :f:) 2. , 524 BROADWA Y COMPANY, LP. O,R. 1072, PG. 875 --- 524 BROADWA Y COMPANY, L.P.' O.R. 1245, PG. 902 P.O.C. P.O.B. R.O,W, = POINT OF COMMENCMENT == POINT OF BEGINNING i:: RIGHT-OF-WAY THIS LEGAL DESCRipTION AND SKETCH PREPARED t3Y: ....!I\ ::::H..GNOLI .....13 ..... ..... ARBl!lR & ......(3 ...... ' ...... RUNDAGE,INo. . Professional engineers, planners, &: land surveyors Comar COu.ntYI gull... 200, 7400 Tun/ami Tnll, Norill/ !lapl.., 11 34108 (2~~J~g7-~I11 r..aCount7' gggO Cooonut Rood, SuJto 1081 llon14 gprinr', 11 ~'18&. (2~~)~~-e&&8 C.l1.ltlo~to or AuthorinUon No.. I.Il 8884 ""4 IB 8&&4 7&%1 (28;)8&8-2208 8 ~ CJ) ! I j~~ I~d l~a:: O::l, ~8 <:C ::J o --1() + 0.62 50.00'R :::: c:i n:: ~ (!) 1 " ~ f) ~ C/J ~ 1R X . <.0 ltj g t'\I <: o o + N CJ) , +72,62 50,00'R o o + o CJ) I I c o + oJ OJ OR: 4087 PG: 1030 :; ~J N'~ O ~. (3 Cf) lI.J <: ~ trj ~ >- ~ ~ [5- -Jt") .....J ~~ Q:~ ~~ -J Q:' ~~ DO ~ ~ ()- --0 lit") C'\j tC3 ~Cl... a.. c)' ~<o l1) f-C'\j 8]. lb~ 00 Q: t--~ ;:q-. t'\I- :i"R gt'\l <: I . I ',' W. ACKNty .S.M:. NO. 5606. SCALE: 1" = 100', :DATE: MAY 6. 20QQ DRAWN 8Y:~ PROJECT NO.:B081-C8,R ACAD NO: 9073-SD1 02 . FILE:' NO: ,907-2. EXHJBIT_ A-_ Pagel. 5""0 _ of_ ? ~ OR: 4087 .fG6:1~31" ,1.. 'LJ SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL J&S LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL 77-!A T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE: PART/CULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF 77-!A T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 3440 PAGE 0260 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; . PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -OF-WAY, DRAINAGE ANO UTILITY 'EAsEMENT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: . . ....~, ..i ~ .': " . LEGAL DE,SCRIPT~N, ~N"D: ',~lf:~JCf~i ',S~+I;ET 2 OF 2 DESCRIPTION: P~RCEL 1<9.5.':, :.:.:->': ," .', " CLIENT: COLLIER COUNTY TRAN,S~ORTATJ.QN',~ DJVISION . " ~. I ....!/\. ::::H.GNOIJ .....U :::::UARBER & ......(3 ...... ...... RUNDAGE,ll(o, Proles!/lonal engineers, :plannst's, &: land !/\U'V'eyo1'l'l CalU.. CaUlll.71l1u.(tA 200, '1,w0 '1'0%lll'll1! Tro.U, Harth; H.pl.., lL MIIl8 ,(lllIOjsO'1_SUI L.. Call1l.l.71 gggO O_hnt .Rod, !Tn!tA lOSt Bahtta I!pr!h,p, 7L Mll1ll (1S;~-S888 C1ttiJ1a.t.o at J.ulhanu.UOh Na.. tlI ~ lU1d III SSS, lUI (U;)G&e-U08 1', ~ B~ ' , GEO Gt: W. HACKNE i='.S',M; NO. 5606 " \ :' SCALE: . N.T:s:.:,,: DATE:_ MAY 6, 20M, DRAWN l;3Y:~ PROJECT NO,:l;lOB1-Ce/i ACAD NO: 9073-SD1 07, FILE: NO: !W-U ':;XHI BIT-L '~geSI . of 7;,; OR: 4087 PG: 1032 .....~ i: ,11" ,.r.' PERPETUAL, NON-EXCLUSIVE ROAO~'(:MT-oF-W6.Y, DRAINAGE ANi'. UTlLllY EASEMENT PROJECT NOt 60101 PROJECT PARCEL NO. 126 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOvmSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHeeT .L OF' .L 50' ~~ ~ R/W Une -----lJ-l--------------~-______________________~~_une EI(, RIW fOR a COONTY BARN RON) (e.l1, 2fXJ) ~ fWlaTH VARIES) COUNTY BARN ROAD (C.R, 268) 'LEG~ OESCRIPTIOIl . PARCEL NO, 126 THE EAST SO FEET Of' THE IIEST 100 FEET Of' THE FOl.LOII' HG OESCR'!l[O PROPERTY, THE SOUTH I i'2 Of' THE SE J I~ Of' THE Nil I/~, Of' SECTlOll 8; TOIlHSllIP 50 SOUTH, RAIlOE 26 E"'ST, COl.LIER COUNTY, FLORID.... ~ ::i ~' ~ "- ~ CHARLES RKELLER FOLIO NUMBER: 00402960007 O.R 444, PG. 31 i:! ::j ~ ~ ~ 51 LEG€NO. Rill . RICHT Of' IIAY LS . LAIlO SURVEYOR LB . LICEIiSEO BUSIHESS P.B, . Pl....T BOQI( PO, . P4G€ PSII . PROf'ESS I 0lIAl. SURVEYOR a llAPPER C. R. . COUNTY ROAD O.R, . OFFICIAl. RECORD EAST PROPERTY UNE Ii~Ame'rican ., "ra Consulting, Engineers of Florida, llC 4111 Lond O' Loku Blvd. Sullo 210 Lond O' Loku, Florida 34839 Phono: (813) 998.2800 Fox: (813) 998-190B Corllt)ooto of Author/zalion No. 7110 J:)EL c./lla;u. PSM fflOFESSIOIiN. !Wfr{E:YOF/ AND MAPPf:R FLORIDA CEffrIFtCAl'E No. 5fJO C'Ol..i.JER C'OlIN'1T DBPARTMBNT OP '1'RA.NSPoRTA170N DRAWN ey. JCI.I CHECKED ey, SP DRAWING DATE, Oe-Ie-05 SCALE. I ~'IOO' EXHIBI'T--.d.- Page ~-)c2 of 7:J OR: 4087 PG: 1033 16B 3 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA PARCEL NO. jaIl PROPERTY OViNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2852, PG. 1054- AREA OF TAKE: 1.30 ACRES :l: EAST MA rCHUNE SEE SHEET 2 OF J SEA CREST SCHOOL INC. O,R. 3219, PG. 2683 ~ a l() , - II N"'- ~ ~ (j Cf) lli d a:: (.:> ~ lt1 ~ \ C3 0: :f "t- OJ'l() ::JCl ......J -- U. h(j ;<:0.. ~N f;::l() , 0:: OJ "<:(C\j ~a:: "<:(0 f;1 G::: o Li o o + '<t o o o + N o o o + o o ~ I r Q (3 0:: ~ ~ ~ ~ 8 I [ ~I 01 0::1 '~I I I (j ~R: t<J -.JC\j o Ocj Go.. <n t<J' hCO C3~ ~o:: :"'(. wo V5 ~ co (jCG f::!,<:~ F2--0 I=:: <:0 0.. CI) , -.,. I=:: ~ ~"'("t- QtG as<~ Rl::J LJ~a:: o ~8 . !"l . I'JOJ ;1- :2 ' 8t'; ~ P.O.C. :::: POINT OF COMMENCMENT P.O.B. :::: POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTIO.N AND SKETCf:I SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND 'SKETCH PREPARED BY, DESCRIPllON, PARCEL 18.\1.. .. CLIENT: COLLIER COUNTY TR NSR.bRTATION . , PERPETuAL, NON-EXCLUSIVE ROAD RIGHT .oFooWA.Y, DRAINAGE ' AND unUry'EASEMENT ~ ~1- ~C5 J::-<~as+i' 00 S'5 Cl Vj ~ -:"'l:t;J + , ~ LU 0:: c.o i;ij ci t (j 0) ~~:::J~ ..... J:::O c:f3:::,~ , gjQC Q..<: Q~ ft PlRST HAITIAN ALLIANCE CHURCH O.R. 2735, PG. 2800 -- - ....!J\ ::::tlGNOLI .....13 ..... , ..... ARDER & ......13 .....,. ...... RUNDAGE,INC, Professional engineers, planners, & land surveyors , Colli.. Counly. Guile 200, 7'00 TunJo..ml TnU. North, 'lIeple" n. ~U08 (2SgJeg7-~l1l lAe OO""\y. gggO Cooonut Rood, Suit. lOS, Bontle Sp>inr', no ~'1S5 (2~g)g'Il-555~ Cert!floelo or AulhorinUon 110'. LB ~58' ond :tB ~55' lui (2~g)555-220S '<t 0') ] I 1 I I I I lJ.J1 .~ [j Vi ~ >- ~ @5 Vi 8:].- -.Jt<) N k]cj ~a... G:::":f ~~ -.J ct:a:: <<:(6 D a.--J ~8 OJ .. +fg BY;' '. ,<,~:' tJ. ,"',./';' GEORGE . HACKNEY, P.S. -. NO, 5606 SCALE: . 1" = 150' DATE: MAY S. 200Q DRA WN BY: -..JAbl. PROJECT NQ.: 8081-CtJR ACAD NO: 9073-'SD1 OQ FILf,: NO: 'g07;2 t:AMltsl r~ Page~ of ?~ OR: 4087 PG: 1034 . SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. f 9. ^1 PROPERTY OWNER: LLORIDA APARTMENT ..QLUB NAPLES REFERENCE: O.R. 2852. PG, 1054- AREA OF TAKE: ..L30 ACRES :l: ~ ~~ N" ~ ~ o If) 126+00 128+00 DA VIS BOULEVARD (S.R. 84) (75' R.O.l-Y.) ~ a: ~ ~ CQI.l') :::Jq .,.J - Cj , I-<!l ;:;::::Q. LiJC\)' ~~ ~C'\j Q.. ~Q:: ..q::O ~ Li PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -oF-~y, DRAINAGE AND UTIUlY'EASEMENT 't5 "<Cf- ~rs ~~aJ+i' 8 ~Q (ij + -:<<: ~ OJ slJj...., 0 cd '>-.~ ,... (5~I-.'<t; 0:::0:::::]0 ~BS~ ......(ij c 2t~ 0-<<: g: P.O.C, P.O.B. R.O,W. = POINT OF COMMENCMENT = POINT OF BEGINNING '= RIGHT -OF~WA y THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: '....:!'\ ::::tlGNOU .....13 ..... ..... .ARBER & ......13 ...... ...... RUNDAGE,lIIo. :Professional engineers, planners, &: land surveyors Coll1er County. Sult.e 200, uoo TI1nII1nI Tl'aJl, lIol'thl Nlpl.., n. ~~Ioe (2~a)ea7-~111 Lee COlUltYI aggO Cooonut !lold, Sult.e !Oel Bol1lto. SprJ"(I, n. 1H133 (2eg)gH-ess8 CerUllo It. or Aulhotl'.Uon Ho.. LlI 3ee~ IU1d Ell ~eH 7&:%, (2eg)eee-220e c...)' t<) ~o:l cS~ Gc3 -25 Q. If) , I--~ t2.~ Cl::: (jn::: WO V) LEGAL DE~CRIPTION AND. SKETCH Sf-JEET 2 OF 3 DESCRIPTION: .pt\~CEL J J..y' , CLIENT: COLLIER. COUNTY TRANSPQRTA TION .DIVISION BY, ~~w(~, P.S.M. NO. 5606 SCA~E: 1" =; 150' '.DATE: MAY 6, 2005 DRAWN BY:-.:..JAti PROJECT NO.: S081-C8R ACAD NO: 9073-SD1 05A FILE NO: . 9073 ., o o + co ..- ,... ~s trio ':;:g ~Sl '01 hi I I o' 0 + '+ s I ,... ..... . "- 8~ I ~~ I . lD 0"'1 :z: 0 0 + N Q d 0:: 52 ,~ 9J 0 >- 0 I- + ~ 0 ..- ..- 8 -.. I ~ ,- OJ ,~ Q' _I '-I L..J ~ [j Vi 'G:: Q) )... ~ ~ ~ <::i a:: (C) ~ ;.::: U) X lJj " o o + co o MA TCHUNt S~~ SHE~T 1 OF J .') COUNTY BARN ROAD STA. 117+30.67 == DAVlS BLVD. STA. 128+82.50 130+00 132+00 - - ()~ -J_ -JC'\j Cl)e3 ~Q. Q , -, P::~ ~"'J -.J GO:; (), Q I-- ~ ~(j~ Q. :z: r": ..q::--...;.; , Q:j:;J:: Q (jr--.:- <:Cl:::(() W~~ BJ (j . CQ 0:; a EXHJBIT_ A_ Page5Lf _ of-1J _ OR: 4087 PG: 1035 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL -1~7 16n '~J t ' . c,.c .,. -:p ~ ,;) LEGAL DESCRfP TfON (ROADWA Y, DRAfNAGE AND UTILfTY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MOf?E PARTICULARLY DESCRIBED AS POLLO WS; THE EAST 25.00 FEET OF THAT PARCEL RECOROED IN OFFICIAL RECORDS BOOK 2852 PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY; CONTAfNfNG 1.30 ACRES. OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND R[STRICTfONS OF RECORD; PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -oF.WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY, DESCRIPTION, PARCEL 18' . . . CLIENT: COLLIER COUNTY TRANSP;O~T A Tl ON DIYIS.lON ....!!\. ::::tlGNOIJ .........!::) :::::UAABER & .."...13 ........ ...... RUNnAGE,ll'Cc. Professional engineers, planners, & land surveYOl'll Colli... ao""",", !lulu ROO, 7~a 'hmJ...u 'frall, North: Hopi.., PI. lUIOll (Ug)~g7-HU ' L.. CO""",", O~gO C_n~~ ll<lod, !Iult.t 10~: Bonlla llp~. PI. lUlSl5 (2!g)m-~~ee Corl1t1o.t.t at ..lnthadutio!> HOI, LB ~ f.lld Ell esu 7.", (2eg)G&e-2Z0~ " B:i';;.;' , ..G , . SCAlE: . nT.s.. 'DATI.:: MAY 6. 200ei DRAwN 8y.:~., PROJECT NO.: B081-C6R ACAD NO:.9.073-SD105A FILE NO:_9073 OR: 4087 PG: 1036 EXHIBIT A Page-~ -0,_ J;)- - .,..., TEMPORARYDRNEwAY RESTORATION EAsEMENT (DURATION: 3 YEARs FROM COMMENCEMeNT OF CONSTRUCTION) TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIOA MA TCHUNE SEE SHffT 2 OF J SEA CREST SCHOOL INC, O.R. 3219, PG, 2683 SECTION 8, PARCEL NO. 727A PROPE;RTY OWNE;R: FLORIDA APARTMENT CLUB NAPLES REFERENCE;: O,R. 2852 PO. 1054 ~~ N~ O ~ (5 VJ ~ 0.. ~ "I- ~~ .,.J- (j . 0 f- C!j 0 ;;?; 0.. 2; ~~ 0 ~~ 0... oq:;Q: oq:;c:i, 9 ~ Ii 1.lliE:. L1 L2 L3 L4 L5 L6 L7 L8 LiNE: TARl [ .l..rHSllH ~ 25,01' N 89'34'58" W 10,00' S 89'56'53" W 56.22' N 00'43'31" W 10.00 N 8916'29" E: 82.00 N 00'4J'31" W 68.00 S 8916'29" W 82.00 S 00'4J:31" E: 68,00 N 8916'29" E' Jg +1 I'" FIRST HAmAN ALUANCE CHURCH O,R. 2735, PG. 2800 -- ---- = Cl 6 Cl::i' ~ d r ~ ~ I ~c 8 u ;;?;~ -~ cSC\j a. D~ VJ ~. f-tO f3f;) Cl:: Ua:; 8d (J) o o + ..;- o i- ~~ f'.-~~ l'\l_bj ClJ~:<<: ,..;ClL,j t5BJI:: Cl::lrj~ "<:It::::. o..Q<:l g::<:; '" 3t: ~I t; bl o <: o o + '" o 8 10 ~g '" OLJ ~. f'.-(j +~ I ~~ I ,..JBJ '" L -..J tJi:l Cl::~ '" -,..I "'n:: ";0 -.I "'0 Qa.. +i!.! o o + co Ol ~ g ~ ~ ::':: i- " "'25 f'.-~a 3t: ~)..:'ti) ~ ~LS t; cd Cl)'" :<t- O<(i- 8 Cl::~~ <: Ci:<:l::::' bjCl f(~ Cl g: ::: ~~ t.,o) I ~~ g", 1 <: j ~ ci a:: J )... I -' ~ r ~ (.!) I ~ ~i V) B b5 2Ii b )...1 0 ~I ~ ~I L1 to (jClJ I::!~~ ~-0 ~~o.. ~ ~ 'O}. -titO E5~~ Pa . ....li:.Cl:: c:i o o + <D '", [ g c; ,~ . 0 ......., D:lc c:i +., c(l I -1 ~~ 4J0 ::'::0.. Cl::~ ~'O} Cl::. .~a:; na T.D.R.E; ::: TEMPORARY DRIVEWAY RESTORATION EASEMENT P.O.C. = POINT OF COMMENCMENT .tI!:2.JL. BEARINGS ARE BASED ON THE SURVEY BASE:LJNE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'43'31" W. R.O.W. "RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: DESCRIPTION: PARCEL 727A CLIENT:' COLLIER COUNTY TRANSPORTATION DIVISION ....~ ':::: GNOU ..... ===== . ARBER &. ......a ...... ...... UNDAGE..... ProteSlional en,gineera, plannerl, de land au.rn}'On: f;.lILoC:~~"":!:..':i r.:: '~"""~'l:''::'::::i: :::::: i=~::~ C.ri..LaDollA oJ .ia.thOrt.u..UClC HDC. ~ a&4.6 ...... 18 :Ma4. r.u: (tal .1103 BY: GEORGE W; HACKNEY, P.S,M. NO. 5606 SCALE: 1" = 15Q' DA TE: JAN. 24 2006 DRAWN 8Y:~ PROJECT NO.:.8081-CBR ACAD NO: 9073-SD727A FILE NO:~ OR: 4087 PG: 1037 EXHIBIT_A Page_S0 _ of /d- 16H j TEMPORARY DRIVEWAY RESTORATION EASEMENT (OURA~: 3 YEARs FROM COMMENCEMENT OF CONSTRUCTION', SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 727A PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2852 PC. 1054 ~~ N' O ~ G V) 126+00 128+00 DA V1S BOULEVARD --is:...R__ 84) (7f!: ~,O. W.) 10 ----0___ +1 I~ 1.ll:I.E:. L1 L2 L3 L4 L5 L6 L7 L8 LINE: TABI E: WJmli WB11:1Q 25.01' N 89'34'58" W 10.00' S 89'56'53" W 56.22' N 00'4;)'31" W 10.00 N 89'16'29" E 82.00 N 00"43'31" W 68.00 S 89'16'29" W 82.00 $,00'43'31" E 68.00 N 89'16'29' E ~ ~ ~ ~ ~~ ..,J- U, I-C!) ~Q.. L.]t'\i ~lt) Q::Q;) "'l;C\l Q... "'l;Q:: "'l;c::i g gs Ii >= t'--~Cl~ l'ol.Cl:Z:~ 0 ....d""lij 0 ,..JO::~~ + LU I.l.i '<I" u[ij~ := Q::Vj:;;:~ "'l;O - Q..~~i':! 0:: :::J Cl.. W}... 0 (!>dJ 0 t'--~aJ + l'ol_CIj <'l Q;) ~-<: := ....JClI.l.i ~Cl~ til::J Q::0f:: ~~:::J Q:;~ Cl..'<( 0 0 llhj + 0 1'>:<.) := ~ LlJ-,. ~ f..' "~+i Cl ~qClj G:ltil f..'W UO 0:: Q.. ti:!G:lU Q::O rEg]:: ~1{ 0...- 0 ~~~ 0 Cl.. + L6 ro 0 "- -J COUNTY BARN ROAD STA. 117+30,67 = DAVIS BLVD. STA. 128+82.50 130+00 132+00 Uw t'--<.) ~f..' Cl c:JbJ 00 g Q::~ j; ~g: o oj ;:;.1 c::i ....1.1, a.: ,1'> 8 ~~I QItl "'=, -- ;:;. ~~ ~~ 8'" "'= r----------- I l. I Cl d Q:: ~ ~ ~, ?5 8 I i? II c::i ci "01 ~i u~ ....J_ ....Jt'Ij V)d ~Q.. Cl~ ~'~ ~ci l)c::i I :;:: I Q I~~ CIj-J Blli ~'~ I- ~ ~(j~ Q.. ~ r~ "'l;-"" CO::t:Cl.. U" ~Q::(Q ~~~ f5u . co Q:: c::i SEACREST SCHOOL INC. OR, 3219. PO, 2683 MATCHUNE SEE SHEET 1 OF 3 T.O.R.E. TEMPORARY DRIVEWAY RESTORATION EASEMENT P.O.C. =: POINT OF COMMENCMENT l::1.QJI:.. BEARINGS ARE BASED ON THE SURVEY BASElINE P.O,B. =: POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'43'31" W. R.O. W. =: RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPAREO BY: DESCRIPTION: PARCEL 727A CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION ....M ::::tlGNOLI .....13 :;;;; ARBER & ......11 ...... ...... UNDAGE",,~ Protenlliona.l engineers, plannBI'I, & land. S'U.l"Yeyon CollLlr CoWlIJ1 Bulu tOO, 1400 '1UIUaaJ. 'ht.rl. Modhf Xlpl.el, n. 5410a 123tlGlT"Ul1 IA. CaIUll.,rl W~ Coooll.ll.t &at. IaJ.Ui 1031 Boa.Ita. Itpria,p, no 84118 I:ltt)9.u-JlIS Ctrl!t101lU o! AIIUL.rla:al1oe. H.... La 3Nf, &ad .1:1 .1f6.4. 7'uI aI)6a&....tIOS BY: GEORGE W, HACKNEY, P.S,M. NO. 5606 SCALE: 1w = 15Q' DATE: JAN. 24 2006 DRAWN BY:~ PROJECT NO.: 8081-CBR ACAD NO: 9073-SD727,6,1 FILE NO:~ OR: 4087 PG: 1038 EXHIBIT~ ~S7 of 7d . TEMPORARY DAIVEWAY' RESTORATION EAsEMENT " (DURATION: 3 YEARs FROM COMMENCEMENT OF CONSTRUCTION) SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPllON (TEMPORARY DRIVEWAY RESTORATION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25,01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706.30 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 00'43'31" WEST A DISTANCE OF 82.00 FEET; THENCE SOUTH 89'16'29" WEST A DISTANCE OF 68.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 82.00 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 68.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING: 5,575 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. LEGAL DESCRIPTION AND SKETCH SHEET 3 OF .3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727A CLIENT: COLLIER COUNTY TRANSPORTA1l0N DJ'vlSION UNDAGE.Ill~ Prote!lIIrlon.a.l engineenr. planners, & land lU.l"T8yanr C4lI1tAir Co1u:l.t,r. 1u1t.f1 too, 10400 'tamll.Dl.1 'l'I'LO., lfltrthr :H'apta,r, JL lU1D112M)5n_S111 r... CtIUAt.n HQO eoooal1t JlU.4, lult..! 1~1 .Beoa1la. !pri.a.p, lL 141M 2M)t.4.6...NS3 Cbttl.tl611.l4 oJ Aulbnl..tlotl tiM, La aH-4 u.. .D N&4. ~ A'I)No-IZ03 BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: N.T.S. DATE: JAN. 24. 2006 DRAWN BY:--.>1M1 PROJECT NO.:lill81-CB~ ACAD NO: 9073-S072761 FILE NO:~ OR: 4087 PG: 1039 EXHIBIT A ~ S8 of I-J 16B .('.~. J:;, ;; T>::MPORA.RY C0N.STHuc i'lOI..J L~ /'\'SEMENT (/::' 'h/.,T!cr,) 3 '{EARS FROM COMMENCEMENT OF CONSTRUcl1oN) SECT/ON 8, '- PARCEL NO. ..1278 PROPERTY OWNER: FLORIDA APARTMENT '. CLUB NAPLES REFERENCE: O,R. 2852. PG. 10S4- AREA OF TAKE: 0.08 ACRES ;, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHUNc SEe SHerr 2 OF .J SEA CREST SCHOOL INC. O,R, J219, PG. 268J b a 0 I(j ~8 0 "l + UtJ Na, <'l f'-..cj ~:2 I 0 ~f-' I r:d~ ;j l uo a::~ ::J -.-J <l;Q:: "';0 <oa Q,ll.. +!Q ~~ N':.- O ~ 23 <n 12 ct .~ 'Of- gs}g -,- Uti 0 I- CL ~ as t'\l" g ~IO a::ClJ <l;t'\l ~n= oq::c:i Cl 1E o Ii 1.l.t:1I:. L1 L2 L3 L4 L5 L6 L7 LINE: TAfJ1..f 1.ff:W1i 25.01' 10.00' 56.22' 2.00' 82.00' 5.00' 3.00' ~ N 89'34'58" W S 89'56'53" W N 00'43'31" W N 89'16'29" E N 00'43'31" W 5 89'32'28" W N 89'16'29" E: [0 o + I~ FIRST HAmAN ALUANCc CHURCH O.R, 2735, PG. 2800 -- ---- o o ~, o ~ I- t:la:i 1'-~:::E '""-l7l ClJ~:,,: ,..jOLU t3o~ bj:::::; a::Oi=: OOO::ll..::::> CLat::) 8:<: ...;: o a ll'i ltl, \() '''"'' ::t: c:i n= o ~~ P<) CSC\l 00 tsCL Vll't) I-tO 12~ a:: Un= i'5c:i Vj o o + OJ Ol t5 g ...;: <ci ~!- ~ ~Cj i'.. C) aJ :l: '"").:'ttj . -~iJ t% c:JS>- :or uti!- 8 a:: Q:: ~ <:: ~GJ:::' V)~ 0...;: ~ g: '" ~J.... ",a 'hoi ,..~ 8"l <:: ~ c:i n:: I >- I -.J ~ r ~ <!> I ~ LuJ V) ~l ~ Ci'i b >-1 a ':!;!, ll'i ~I '" L1 to cjClJ \:!:!~~ i2~C!i 1==0CL tl)1== a:;oq::~ Cl~ C5~p<) a::J LiJE:n= c:i o o + CD OJ 10-' ",a o o;~ c:i +5'i 0.:1 I -1 eJ- ii1: ~Q. O::~ ~~ 0::. ~~ U T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P .O.C. = POINT OF COMMENCMENT 1:lQ:I:a BEARINGS ARE: BASED ON mE: SURVEY BASELINE: P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'43'':51" w. R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727B CLIENT: COLLIER COUNTY TRANSPORTATION DI\I1SION ....!\ ::::tlGNOU .....E ::::: ARBER & ......B ...... ...... UNDAGE..... Professional t1ngiul!Iunr, pla.nnen, &: land su.rnsyonr Contq. CnAlJ"I 8u1t.e 1:00, 7'<10 'JuaiLlll1 ~ "IN'tb.: x..".... no NiDI 12:!11)U1-aUl LN ClllUl.1,r1 HtC c-...ut. lW.~ IIwt.e 1<131 Boal.t.a 1prUtp, no a4116 I:l!9)Ua-NSS CfttUlodA ct J.'lIlUr..rfatiaQ. N"". m 8N4 1IU:Io4 D Ne-I. 7UJ *")sM-aoa BY: GEORGE W. HACKNEY, P.5.M. NO, 5606 SCALE: 1":, 150' DA'IE: JAN. 24 2006 DRAWN BY: JAN PROJECT NO.: 8081-CBIi ACAD NO: 9073-507278 FILE NO:---ll..Q1,l OR: 4087 PG: 1040 EXHIB'IT A ~ 51 of ?1 ~ .,l,l 'TEMPORARy CONSTRUCTION EAsEMENT (OURATJQN: 3 YEARs FROM COMMENCEMENT OF C<;mSTRUcnON) 1- SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 7278 PROPERTY OWNER: flORIDA APARTMENT CLUs NAPLES REFERENCE: Q,R, '2852, PG, 1054- AREA OF TAKE: 0,08 ACRES '" 126+00 ~.~ N"- O ~ G VJ 128+00 COUNTY BARN ROAD STA. 117+30.67 = DAV1S BLVD. STA. 128+82.50 130+00 132+00 DA VIS BOULEVARD I --is:..,R:... 84) (7~B,O, W.) -- o o ~ u1iJ -.1- -.lC\j ~<!5 ~,Cl.., Q. , aJ~ -I<'j get: Uo ',--------- , 10 ---0___ +1 . I~ MA TCHUNE SEE SHEET 1 OF':3 EASEMENT .l:lQE.:. BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BE:tNG N 00'43'31" w. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 7278 CLIENT: COLLIER COUNTY TRANSPORTA 1l0N DIVISION ~ Cl.. ~ -.r CO\() '!~O -.1- U, f-,C.5 Cl.. ;:c:;, ......C\j ~~ O::t'\j 0:, ~O:: o ~ Q gs r.: 1.lf:Jf: L1 L2 LJ L4- L5 L6 L7 UNf. TAB! c;: 1.fllim:1 ~ 25,01' N 89'J4-'58" W 10.00' S 89'56'5J" W 56.22' N 00"4-J'31" W 2.00 N 89'16'29" E: 82.00 N 00'4-J'31" W 5.00 S 89'J2'28" W 3.00 N 89'16'29" E: T.C.E. == TEMPORARY CONSTRUCTION P.O.C. == POINT OF COMMENCMENT P.O.B. == POINT OF BEGINNING R.O.W. == RIGHT-OF-WAY ....!'\, ::::fiGNOLI .....0 :====i3:BER &. . ...... ...... ...... UNDAGE..... Proteu1one.l iflngiileers, plannBrB. & land 2f'Ur'V8yon CtIUUl' Co'Allt.r. IkLltA .tOO, '1~ '1I..aL1am.1 'fh.Il, N~ ){aplM, J'L 84101 (.t!t~...UU r.o. ~..:~ ~~~ R'::.'"r..:":l.. ~~=--, .. ~~ 1::);:: "" B~ ~~ g,,< <: >: "'~Cl~ ~Cl:<:::::;; -d'>;LU I ,...JQ::t>l~ I ~fa<<:LU O::Vi~~ . 'I, ooq;a~_ Q~ag Q.. I ~,'I o ci "01 ~i f-- ~Cj '" -q;,:::;; ~~~ CO ~ <<: ,..JClLU 8fa~ 0::1:3~", Q:~:::>.,J 8:~ <<: I;;:: o .~~lc5 ' ~ l!J lJ.j? <0 <01 I '-' n:: o "0 "", '" :<:: :=...,..\.J ~I-'[I)"< "< J;:::).. r-::: n::" LU [I).,J C\j ci ,..J fa ellu ~I G5 ~ "'I-' l,iJVi<<:~ ~ I [I) (.jO~.t'1,..,IJW dfa O::~ 0 ~ '" V :S:: .,... Vi ~ ..;01-1 ~~ 0.:8:"2.8 gl;<fB '<( 0 '" <:, <>i () 25 Q 8: L7 + ~ + CO o o o + ~ , kJ I ~I ~I ~ L ~I I f-, ~ ~u-.r Cl..~<!5 ~:z:Cl.. (.jr-.:- <:~1O L5~-.r es (.j . "" 0:: ...... 0 Oki "'0 ~I-' Cl G:Jbl Oi[ g 0::0 j:; Q: 8: o SEA CREST SCHOOL INC. O.R. 3219, PG. 2683 <:. BY: GEORGE W. HACKNEY, P.S,M. NO. 5606 SCALE: 1"' - 150' DATE: JAN. 24. 2006 DRAWN BY:~ PROJECT NO.: BOB1-CB!i ACAD NO: 9073-S072781 FILE NO:-llirU EXHlalT A Page_(Po_ -of~rl- - OR: 4087 PG: 1041 16 ,- , u:J.,~ . .. " ......' ..-J TEMPORARy CONSTRUCTION,EASEMENT (DURATJON: 3 YEARs FROM COMMENCEMENT OF CONSTRUCTION) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORiDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER lYING ON THE WESTERLY RIGHT OF WAY LINE OF ,COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706.30 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555.00 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 82.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; , THENCE NORTH 89'16'29" EAST A DISTANCE OF 2.00 FEET; THENCE NORTH 00'43'31" WEST A DISTANCE OF 256.82 FEET; THENCE SOUTH 89'32'28" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 256.84 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1284 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF ,RECORD; ABSTRACT NOT REVIEWED. LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTI.oN AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727B CLIENT: COLLIER COUNTY TRANSPORTA110N DIVISION BER &: UNDAGE"".. Prof..donal .IljIn..ra, plannera, & land lIUl'TII;rora c.m.l" C6=t.rJ Iulta toO, '14.00 'f..w..t 'l'nJ1, Horth: ](~. lL U101 (1tt9)5n"l!IlU I.6e c.u,ab1 "go Co6eIlllt.'..... .tIlt.. jO:Sf kalt.& Jpria,p', n. U1M {at)ou.-N&1 C..ut1ll&t.. tJ .b.l.h.~ Hoc, L1I aou ad. ::a I6U 7u:; <2:tt)u6.;.1:ltO:S BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCAL!::: N T S, DATE: JAN 24 2006 DRAWN BY:->l8ti PROJECT NO.:8081-CBR ACAD NO: 9073-SD727B1 FILE NO: 9073 EXHIBIT A Pa~ 6 I _ of I;J, OR: 4087 PG: 1~42 SECTION -8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER CO UN TY, FLORIDA (j o 0.:\ I -------1 EASEMENT~_ .HS:2re. BEARINGS~,ARE:.BA$to 'ON;,Tbir"SuRvt,y,. BASELINE OF COUNTY BARN;..RQ/,{6:,As,-~~~rNG',~~':.g6,:43'3;1''' w. LEGAL DESCRIP:il;ON{ANb,.SKT~:~q;C:rj" 'SHEET 1 OF 3 THIS LEGAL OESCRIPTION AN'D SKETCH PREPARED BY: o'ESCRIPTION: PARCEe.:~82i"-'.. ';'~',<~., :~";: ' CLIENT: COLLIER COUNT'(:T8: N.~?'aRr.ATION,.DIVISIOW' PARCEL NO. 827 . PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2852. PG. 1054 AREA OF TAKE: 0.28 ACRES :l: ~~ N"'- O LJ , -.l (5 IJ) I _ ~ t5iii c ~ \2 ~~CJ+i' 0 ~ ~ C\j- (fj + CO "'l:: :<( (J) -.r Lw =:: ct::LUUj 0 ,..J Cl ct:...... . ~B~~ ~ ~ ~~g~2 8 a.. ~ Cl -2. VJ Z Q~ 1.\ ~ I f'...."-'N N<Jo f'....f-.,:T- --J6j ltJU) ~a: -q::a o..g: PERPETUAL. NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT 'IJ) LLJ -.l a.. -q:: <=.q-. C01.() :::>a -.l - (.). f-(j ;:::::0.. LlJ .. ~~ Cl::co -q::C\j ~ct: -q::O Cl ce a ti LlN~ L1 , L2 LJ L4 L5 LINE: TABLE: .1...lliQ.IJ:1 25.01' 10.00' 7.11' 3.00' 2,00' BE:ARING N 89'34'58" W N 89'56'53" E: N 45'2.3'09" W S 89'56'53" W S 89'16'29~' W t5 "'l:: 0 <:1- 0 - + ~ iii OJ ~Cl~ 01 ~ >-.bl ~L5 [jOt 06- Cl::ct::~ -q:::::J QC3 VJ a 0 6:~ ~ ~ ~ / SOUTHERL Y PROPERTY LINE FIRST HAIiIAN ALLIANCE CHURCH O.R. 2735, PG. 2800 T.C.E, = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P,O.B. = POINT OF BEGINNING R.O.W. = RIGHT-6F-WAY ....~ ::::CiGNOLI , .....0 :::::UARBER & ......13 ...... ...... RUNnAGE,lllo, Professional engIneers, planners, &. land surveyors CoWer Co"nt,.; BIlIt.. 200, 7-1(JO Tunlam.l Trill, North: Nlpl.., P'L Mloa (23Q)3Q7-3111 Le. Countr. QQQO Caeonul Rood, BIlil< 1031 Bonlle. Sprlnp, n. 34133 (23Q)QU-a333 c.runo.t.. or .I.uthor1uUon No.. 18 3U4 en4 IS 3334 rU\ (23Q)_-2203 #.fA TCHUNE SEE SHEET 2 OF .3' SEACREST SCHOOL INC. O.R. 3219, PG. 2683 I, I a d a:: ~ ~ :c:: 0 Cl:: '<l:: ~ Q:l ~ a a ~ - '-" c.5 ~~ c5~ 00 Ga.. tl)t<)' f'-<.o C3~ Cl::(j ct: WO <.rj o o + 8 <.0 .CO Lu (j - ~:<:C\j f2-(j ~~o.. ~!::",p -6<0 ~:<:~ a:::> l.!Jt:a:: o I I I ~ . . _r-.. ,1<)0 , 'i") oi ....It) . ~ 2~ z a I<) :;:: to ~ c:i c:c: ~ >- " -.J F1 ~ I<) ;<l" ~ 0 0 z (') <: f:: VJ x LU I Lul ~ G:J VJ ~ Q:J >- ~, ~ BS- -.ll'i') --J ~~ Cl::",p ~~ -.l Cl::e:: -q::, :r:o (j o o + -.r 01 BY: :s~~~~~~;A~~':'~1i~:~1:'5~~'~~"~~~~';:;~~: N ~:, :600065 DRAw~f BY:~ PROJECT NO.: 8081-CB8. ACAO NO: 9073-S0827 FILE NO: 9073 EXHIBJT A Page bJ 'of ?~ OR: 4087 PG: lcr43 160 "'- '~:--"" ,01 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 827. PROPERTY OWNER: FLORIDA APARTMENT . CLUB NAPLES REFERENCE: O.R. 2852. PG. 1054- AREA OF TAKE~ '0.28 ACRES :I: ~~ N~ O LJ --.l , o Cr) 126+00 COUNTY BARN ROAD STA. 117+30,67 = DAVIS BLVD. STA. 128+82.50 130+00 132+00 128+00 DA VIS BOULEVARD --.f.S:...R:- 84) (7~' ~.b. VY.) PeRPETUAL, NON-EXCLUS'/VE DRAINAGe AND UTILITY EASEMENT ~ -.l Cl.. ~ ~~ COl() ;::).0 -.I..... (j. f-<<5 ,~Cl l.tJN' ~~ ~C'\l ~ci <(c:i a iE a ii LINE: TABLe:: .LfL!.E .LCt:J.QJjj BE: A R I N G. L1 25.Dl' N 89'34'58- W L2 10.60' N 89'56'53" E: LJ 7.11' N 45'23'09- W L4 3.00' $' 89'56'53" W L5 2,00' $ 89'16'29" W o - -0 + to ,... ,... r--- co.:-J '" a I ((ia co . I +g --- t,)C'\l t.; -.jc.o 10 -.j~ "'l; a C/)(!j ~f- 0 q ~~ 0 ~ d ~Cl 0 t'..Cl~ + -.r 41 CI::: ......... q .. C'\J >-. trj .... 3::: - . 8J~ ..-. "'l; .... f) ::: ~lJ,j c:i G:JCl~ to<) 0::: :::i"') ,. "ii 0:: Uti- a c5ci 0:::Ct::~ 0 b ~~:;) tJ') ~ 0 t,)c:i bj"Q ?5 ..... '<: '-" O"'l; ~ 0 b a 0 u &: + 0 N lfi .... C\j .... ~B I ((io I (Co I Luf- + co. ~~ t'.."'l;~"""" . C'\J <: LJJ"'H 0 C\j - - -V) 0 co lfi ~ OO~~t3 + ~ (C . " -.I CllJ,j Cl:: 0C\j ~ .~ ~ ~8~~ ;: 41 ~ to<)Ol O:::~~~ . . b~ (EQ.:;)c:i ~ f) 0 ~a--':" i') ~, :c: ,.. ,.. I Il.<: a a Lu "'l; a a \('}.-J ~I tJ') 'OJ-a L5 :c: oi~ ~ 0 +~ 0 '<( rf~ Cl:l >- I ~. :i:: ~ C\j Clo: . L C\j c:i ~ '" lL.! - t<i ~. C\j,Cj Ol <:0::: "'j:..: (C ~>- --.18 41 trj-.J x 0:: l1J{fj . Uj~ ~~ - o~ ~ "'CfE o ,.. Cl..1l. + a to a ~ tJ') f- ~ V) . ~ !:;u Cl~(!j <( Q. CO:t Ur--: ~~c.o l.tJ:t~ 85 (j . ,~ 0::: ~ c:i SEACREST SCHOOL INC. O.R. 3219, PG. 2683 MA TCHUNE SEE SHEEr l. 'OF' J T.C.E. = TEMPORARY CONSTRUCTION EASEMENT ,", .."", __>""'~..., '~. p.6.C. = POINT OF COMMENCMENT .l::1!:2:fr:.. Bi;4:~iNG.S";AR;~~\~ASRQ\)N:~Wi.:~SURVE:Y BASELINE P .0.8. = POINT OF BEGINNING OF COUNT(:'t, Bf'f!N}~'~p'A.[)':J.\~ !@~JN~:";{.:_Oo.'4J'J1" W, R.O.W. = RIGHT--:OF~WAY LEGAL D~S'C~,IA:XI'6!4/~~NQ'S'K.t,r9f('SHEET 2. OF 3 THIS LEGAL DESCRIPllON AND SKETCH PREPARED BY: DESCRIPTlON:/P;A;~'0E[l:;~B2,7;::'. ,.,'. "':0:,c;::,. ': _' , CLIENT:' COLLIER C'6UNf(",~AN,SFI'OrnATI~~:::;DIVISION . -, ....!J\ ::::i!:-\.C;NOLl .....13 ..... ..... ARBEn & ......(3 ...... ...... RUNDAGE;lIlC. Professional engilieers, planners, & land surveyors cow.. Oo",,~ Bu1~ aoo, 7400 TamIamI TiaU, North: Napl... n. 341011 (23V)~g7-31U t.. Colillt.,n gglKl eoocllut Ilo&o!, Bu1~ 103: Bcinll&~. :n. 341M (Ug)II4ll-~~as C<irUll...to ot .l.uth_Uon 1100, 111 llU4 ...<< iii aeu Fe (IU)eee-U03 BY: , . GEORGE..w.:~Ji.A KNE.Y., .M. NO. 5606 :,\' ~"""" t'. ~,"~ '. J'"~~;::~'.):~~'., ,/.', ',. SCALE: ", :;:: ,j 50. .." PNfE:"AUG. 31.. 200;> DRAW'N ey:~ "~R.OJE:CT NO.:8081-CB~ ACAD NO: 9073-SD827A FilE NO: " 9073 EXHIBIT_ A Page~&i_ o( ~.l- - OR: 4087 PG: 1044 (1 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,' COMMENCING A T THE SOUTHEASTERLY CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054 PUBLIC RECORDS OF COLLiER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R,O. w.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTH PROPERTY LINE OF SAID PARCEL A DISTANCE, OF 25,01 FEET; THENCE LEAVING SAID LINE NORTH 00'43',}1" WEST ALONG A LINE 25.00 FEET WESTERL Y FROM AND PARALLEL 'MTH THE WESTERLY RIGHT OF WA YLlNE OF COUNTY BARN ROAD (100' R.O. W.) A DISTANCE OF 706.30 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 1565.11 FEET; THENCE LEA VING SAID LINE NORTH 45'23'09" WEST A DISTANCE OF 7.11 FEET; THENCE SOUTH 00'43'31" EAST ALONG A LINE 30.00 FEET WEST OF AND PARALLEL 'MTH SAID RIGHT OF WA Y LINE A DISTANCE OF 620.05 FEET; THENCE LEA VlNG SAID LINE SOUTH 89'56'53" WEST A DISTANCE OF 3,00 FEET,' THENCE SOUTH 00'43'31" EAST ALONG A LINE 33.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 256.82 FEET; THENCE LEA VING SAID LINE SOUTH 8!]'16'29" WEST A DISTANCE OF 2.00 FEET; THENCE SOUTH 00'43'31" EAST A ALONG A LINE 35.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE DISTANCE OF 69,},22 FEET; THENCE LEAVING SAID LINE NORTH 89'56'53" EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.28 ACRES OF LAND MORE OR LESS; SUBJECT TO EASeMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. PeRPETuAL, NON~exCLUSIVE ORAINAGe AND UTILITY EASEMENT ~..;:) ". . . (i~\ THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!J\ ::::tlGNOU .....5::) :::::UARBER & ......13 ...... ...... RUNDAGE,lIIc. Professional engineers, plannera, &. land surveyoI1l Colliu County: Buit.. 200. 74.()O Tamla.mi 't'r&1J, Northl Nap!.., it 3<410" (2:1;)15;7-3111 Leo Couut" UggO Cooouut RoOd, SUIt. 103; Son1l& Bpri..... l'L M13~ (2Sg)U~-esss c.rtItloot. of J.ulhori.oUou No.. UI sse, ud IB ss~, ru:: (2SU)Me-U03 ;" . " . ',' .:'~,";:::~'.:.;> ,,:.:::~~;~~.,;:: ~'\i '!.'~~;':.'~~,;::~<,,~. ", , LEGAt:'OESC'RIP:1:I:QN.:':;'-AND, 'Sf<ETCH '..,SHEE'T 3 6F 3 DESCRIPTION:PA~_qEli:;,;8~2?~~,<... :".':!,?,(): . :: ,'_ :, . CLIENT: COLLIER COUNTY' TRANSfi1:0RlA TI0W DIVISION . . . :--',: (.~ I .. ~ . ,~ BY: \',.GEORG :,'.W;'..,AP4~:~;r, .S.M, NO. 5606 SCALE: N.T:~;' DATE: AUG. 31. 200S DRAWN BY:~ PROJECT NO.: 8O~1-CBf~. ACAD NO: 9073-:-SD827 A FILE NO:, 9073 OR: 4087 PG: 1045 EXHIBIT A Page rot.; of /d 168 3 PERPETUAL, NO/'oJ-{:XCLUSNE ROAD RIGHT -QF-'NA ~ DRAINAGe AND UTILITY EASEMENT PROJECT NO, 60rOl PROJECT PARCEL NOI 128 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGBT-OF WAY (NOT A SURVEY) SECTION 8, TOWNsHIP 50S0UTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .L OF .L ~ ~L --',,",", "" ""----------------------------""'-""-- a EIx. RIW ,FOR COOm BARHROA/) (CII.2681 (WIDTH V AR(EISJ ~------ R/W UI>O 5W ~ of fh~!rW ~ of Seli!lon B SE'.4 of Ih~ !rW ~ of SfJCl/on B WEIST PROPERTY WI!! " EASTERlY R/W LINE OF COUNTY BARN . 2681 COUNTY BARN ROAD - (C.R. 268) - - -- -- --- -- ---------.!!C!!..~ rCXISTING DRAINAGEI, -.f _ UTiLITY EASEII.tEINT ------- - -- "\::~~::~I:~~- UTILITY EASEI.tEINT LtCA!. OUCR1PTlON . PAllCEL 110, 126 THt EAST 50 ~tET OF THt lIES T J 00 ~EET OF THE FOLLo.rNC DESCRIB€D PllOPERTY, THE SOOT/{ J /2 OF THE NOIlTH r /2 OF THE SE r /~ OF THE IIW' J /~ OF SECTlOtl e. TOINSHIP 50 SOOTH, RAllCE 26 EAST, COLL I ER CooHTY. ~LOIlI OA, ~ ::j ~ ~ ll. , EDEN INSTITUTE FOUNDATION lNe. FOLIO NUMBER: 00403400003 O.R. 3364, PG. 2186 \g ::j t: i5 ~ ll. ~ ~ ~ LECE~ . RJ'II' . RICHT OF IrAY LS . LANO SURVEYOIl La . LICEPtSEO IlUSIIiESS P,B. . Pl.AT BOOK po. . PACE PSII . PROFESs l 0tIA!. SURVEYOIl a IoI.lPPER C, R. . CooNTY ROAD 0, R, . OF~ r C lA!. RtCORO EIAST PROPERTY UNE "~American, = "l'A' ConsUlting Engineers of Florida, llC 41ft Lsnd O' Lskss Blvd. Sufle 210 Lend O' Lskes, Florlds 34639 Phone: (813) 998-2800 Fax: (813) 996-1908 Cartlflcat. of Authorization No. 7110 C'Oi..J:JER C'Ol1Nrr DBP..tJ?TMBN'J" oP ~,{1'1ON .EeL c.lIcGEE, PSJ/ PROFESSIONAl. SURVE:rOO AHD I.tN'PE:R F'LOffto.o. CEFr/'IFICATE No. 64JO DRAWN BY, JCM CHECKED BY, SP DRAWING DATEI Oa-la-05 SCALE, r". roO' PROJECT NOl 60101 PROJECT PARCEL NOl 829A EXHIBIT A Page_&s- of /~_ PeRPETUAL, NON-EXCLUSIVE DfWNAGEAND UTILITY EASEMENT OR: 4087 PG: 1046 SHeeT J.. OF J.. 50' ......J L LEGAL DESCRIPTION AND SKETCH ~Z L DRAI:NAGE, UTILITY EASE:M:ENT (NOT A SURVEY) SECTION, 8, TO\VNSHIP 50 SOUTH, RANGE 26 EAST R/W UOO ~ R/W FOR COUNTY BAAN ROAD (CR. 268) (WIDTH VAAIES) R/W- Uoo -- -- -- -- -- ~ ::j C: l5 ~ Q.; ~ \ij r;~American ' 'ta Consulting Engineers of Florida, LLC 4111 Land O' Lakes Blvd. Suite 210 Land 0' Lakes, Plorlda 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C, MCGee, P.S.M. No. 6430 sw ~ OF THE MY ~ OF SECTION 8 SE ~ OF THE MY ~ OF SECTION 8 L WEST PROPERT't LINE & EASTERLY R/W LINE OF - COUN'!:LBARN ROAD_ff.R. 268J --8 .... ~ ~t PROPOSED DRAINAGE, UTILlT't EASEUENT LEGAL DESCRIPTION. PARCEL NO. 8294 THE EAST 10 FEET OF THE WEST 100 FEET OF THE FOLLOWING DESCRIBED PROPERTY I THE NORTH 112 OF THE NORTH I 12 OF THE SE l/~ OF THE NW l/~ OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SEACREST SCHOOL INC. FOLIO NUM:BER: 00403400003 O.R. 3163, PG. 2379 LEGEND. RIW . RIOHT OF ....Y LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PO. . PAGE PS~ . PROFESSIONAL SURVEYOR 8 UAPPER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD SE ~ OF THE MY ~ OF SECTION 8 SW ~ OF THE NE ~ OF SECTION 8 R/W U~ COUNTY BARN ROAD (C.R. 268) EX/STiNG DRAlNAOE t UTIUTY EASEMENT --------------- ~ ::j ~ [5 ~ 0..: ~ gs =l: COi.LJER COUNTY DEPARTMENT OF 1"RttN.SPoRTA TrON DRAWN BY, JCM CHECKED BY, SP DRAWING DATE, 08-18-05 SCALE, r ". J 00' EXH/B'T~ Page..~Jo&_ oL/~ OR: 4087 PG: 1047 3 -r JJ- ~~ETUAL. NON-EXCLUSIVE . ' '~E AND UTILiTY EAseMENT PROJECT NOz 60101 PROJECT PARCEL NOz 8298 LEGAL DESCRIPTION AND SKETCH DRAJ:NAGE, UTILITY EASE:MENT " (NOT A SURVEY) " SECTION 8, TOWNSH[p 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEEr 1. OF 1. L.. 50'-1 ~ZL- ~ R/W UfIIJ ---~ Ex,R/W FOR 8 COUNTY BARN RON) feR, 268) .... (WIDTH VARIES) ..B&_ UfIIJ R/W UfIIJ MY ~ OF THE: MY ~ OF SE:'::/Od NE ~ OF THE: NW ~ OF SE:CTION 8 WEST PROPERT'r' LINE: & EASTERLY R/W LINE OF COUNT'r' BARN ROAD (C.R. 268) COUNTYBA.RN ROAD - (C.R.. 268) ------- PROPOSED DRAINAGE:, UTlLlT'r' E:ASEMENT ~1-- I I I I ~-_J - ~ ~ECAL DESCRIPTION . P4RCE~ NO. 829B THE EAST 50 FEET OF THE WEST 100 FEET OF THE FOL~OWING DESCRIBED PROPERTY, ~ :j ~ t5 ~ 0.: ~ Vi THE SOUTH 1/2 OF THE SOUTH r /2 OF THE NE I I~ OF THE NW [/~ OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COl~JER COUNTY, F~ORJDA.' SEACREST SCHOOL INC, , FOLIO NUMBER: 00403040007 O.R. 3219, PG. 2683 ~ :j ~ ~ ~ ~ @5 "'= ~EGENDI RIW . RIGHT OF WAY ~S . LAND SURVEYOR ~B . ~ICENSED BUSINESS P.B. . P~AT BOOK pc. . PAGE PS~ . PROFESSIONAL SURVEYOR a UAPPER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD ~American 'Il'A: ConsultIng Engineers of Florida, LLC 4111 Land 0' Lakes BlVd. "SUite 210 Land 0' Lakes, Plorlda 34639 Phone: (813) 996-2800 Pax: (813) 996-1908 CertifIcate of AuthorIzation No. 7110 Joel C. MCGee, P.S.M. No. 6430 NE.~ OF THE NW ~ OF SECTION 8 NW ~ OF THE HE ~ OF SECTION 8 COLLIER COU.NTY DEPARTMENT OP"77U.NSPoRTAT/ON DRAWN BY. JCM CHECKED BY, SP DRAWING DATE. 08-18-05 SCALEI [H'IOO' EXH'IBIT A' - Page~ 7 _ Of-ZL OR: 4087 PG: 1048 PER~L, NON.e>;CLUS/VE ROAD RJGHT-oF~y' OfWN.4.GE AHQLmuTY~ PROJECT NOr 60101 PROJECT PARCELNOI 130 '----. LEGALDESCRlPTION AND SRETCB: PROPOSED RIGHT OF WAY (NOT .A. SU1<.:v~Y) SEC:UON 8, TOWNSBlJ? 50 SOUm, RANGE 26 EAST ' COLLIER COUNTY, FLORIDA SHeEr .L OF' .L 50' ~~ ~ -... -a"'-ll"---------__________________~'L"!. ex, R/W FQR_ b CWI(T( BMI( RON) fCR.2681 ~ IWlDrH VAA/eSJ --~~::,~::::.- UTiLITY eASel.lel(r MY V. or I~ MY ~ or S&:If!on 8 - He v. or lho J(>l'~ OTS&:Iflon 8 Wesr PROpeRTY l.tHe At EASTeRlY RIW l.tHe Q<' . CWHTr BMI( ROAD (C.R. 268J COlJN'lYB~ RoAD CCJG.68') R/wU;:;;- -___ --------- Rill( U~ PROPOsED IlIW l.tHe : J :' l:! :::i ,~ ~ ll; ~ Vi BElmAN BAPTIST CURCEn-w. FOLIO Nu1rnER: 00403360004 O.R. 467, PG. 472 ..J U~GAL DESCR1PT10N - PARCEL 130 THE. EAST 50FEET OF THE WEST 100 FEET OF THE NORTH ONE HALF N112).OF.THE.SOUTH ONE HALF (S 112) OF THE NORTHEAST QUARTER (NE 114) OF . THE NORTHWEST QUARTER (NW 114) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA ":-----. ' l:! :::i ~ ~ ll; ~ ~ ~. ~:::=:-- ~ Il/'W . R I ClIfT Cf' '/fAr LS . LAliD SURY~yOO LB . L I CE/{SED BUS J1iESs P.B. . Pl.AT BOO!( PO. . PAOE: PSM , PROfE:SSIOHAL SURYHOO A ~R C.R. . COUHTY ROM) D.R. . OfFICIAl. lltCORD ~ EAST' P/lOPERTr UHe + -- , ~.~ /'OJ~ 'Y#, , CA,' EXHlelT_ A Page_&R__ of ~;2~ OR: 4087 PG: 1049 16 3 , PERPeTUAl, NON-excwstVE R(W)RfGHT-OF~Yi~ AND UTlUlY'EA8EMEHT' PROJECT NO, 60101 PROJECT PARCEL NO, 13J LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOTA SURVEY) SECTION 8, TOWNSHIJ> 50 SOUTH, RANGE 26 BAST COLLIER COUNTY, FLORIDA SHE:E:r 1.. OF 1.. 50' ~~ -'- ~ I I 1 ~I I ~ --------------1- ---,/ R/W~l.!..~-----_____~____t!.t1f~__J Ex. R/W FOR b COO1m' BARN ROAD ICR.2S8i I< IWIIJrH V ARIESi COUNTY BARN RO,@) (C,R. 268) F:1oST PROPF:RIY UHF: ,SI. I D:l I 15 I ;::: ~ ~ I " I~ ~ g; '" I @ I ~I p:j ~ ~ ~I A if I 1 I I I I I I I I ~ :::i ~ ~ ~ COLLIER DAVIS LLC FOLIO NUMBER: 00403880005 O.R. 3391, PG. 2162 LEGAl. OESCRIPTION . PARCEL He. 131 THE EAST 50 FEET Of' THE IIEST 100 FEET 01' THE FOlLOWING OE~RI8[D PllOl'ERTT. THE HJr · Of' THE NE . Of' THE HJr . Of' SECTION 8. TOIllSHIP SO SOUTH, RANGE 26 EAST, COlLIER COUHTT. FLORIDA, LESS AI() EXCEPTING THEREFRClW THE NORTH 75 nET THEREOf' , LEG(HQ, RI'II , RI CHT 01' WAT L S . LoWO SURVEYOR LB . L ICEIISEO BUSINESS P.B. , PLAT 8001( PC. . PACE PSIl . PllOf'ESSIOIIAl. SURVETOR 8 I.I4PPER C. R. .. COUNTY ROAD O.R. . Of'FICIAl. RECCflO fi'~American 'II'a ConsUlllng Engineers of Florida, LLC 41f1 Land 0' LBk6$ BlVd. Suite 210 LBnd 0' LBkes, Florida 34639 Phone: (613) 996-2800 Fax: (613) 996-1908 Cerllflo<<le of Authorlzallon No. 7110 .xJEL c,1k:t;EF:, PSII PROFF:SSIOHtV, SURVF:rOIf NiD MN'PER FI..()fflO,l, Cl!FfT'/FJCnF: No. 64JO COl.l..lER COllNTr DBPAJn'MENr Oi' 7"1UNsPoRTA,710N DRAWN BY. JCI,I CHECKED BY, SP DRAWING DATE, 08'18,05 -SCALE. /H'IDD' EXHIBIT--L' Page &1 . 0'-72 -'" OR: 40$7 PG: 1050 ~ f LL SIMPLE 1 NTEREST SECTION 8, 5,71 IN\!. BENCHMARK CBR-6A N 651403,76 E 416588,00 ftj ELEV. = 9.94 t:: 11++00 B~ B8+OO B7+00 ... COUNTY ,BARN ROAD :::-- ,QC> r (100 ;O,W,) SURVf~ BASEUNE DO NOT F;ASS SIGN TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. URCEL 132 PROPERTY OWNER: ElINmER KEY LLC REFERENCE: O.R. 3720 po. 90 BENCHMARK CBR-7 N 652001.32 E 416581.871 [LEV. = 9.40 Il8+ 00 q. CO'~' f ~ 9.BlJ FOUND ~"IRON ROD RWA ' NORTH 1.49' OCST 0.19' ~J N- ~ ~ o U) SAND BAG HEAOWA~L (FAILING) , (WITNESS CORNER) FOUND 4X4 CONCRETE: MONUMENT STAMPED LS 1543 PRM SOUTH 30.21' EAST 0.36' ..,.rF <1'~~ "> ~, .1' " FOUND ~. IRON "'8. 29.80' ROD BGA NORTH 0.34' , WEST 0.16' <t~ otq,. .~ ''''... ... ~ .'" "C'l CONTROL STRUCTURE CONTROL ELEV, :; 6,98 (ABANDONED) Q a CONTROL STRUCTURE CONTROL ELEV. :; 7.05 .~~~ 'otq,. 5.02 IN V. CHA THAM SQUARE DEVELOPMENT CORP O.R. 1~, PO. 2121 WOOOMffiE LAKE CLUB C.B. 28, PO.' 38 -cr..;.. PANTHER KEY LLC O.R. :3720, PO. 90 '<t .~~ .. -cf"ov SOUTHERL!..J 30' l ~ '<t~ .ilf'~ Wi OF' THE si OF' THE si OF' THE SE:i OF' THE SW i OF' SECTION 8, roo$, R25EjLESS THE ~T 50' FEET AND THE SOUTH JO' FEET. CONTAlNINO "".36 ACRES (:1:) '" '<}. .'t~ SET i" IRON ROD STAMPED "ABB INC La 3664" ''&- <t' -Y<t,. 'MTNESS CORNER SET ~.. IRON ROD STAMPED "ABB INC La 3664" .~ '<t", .tf'~ .q~ .tt~ .l:t....o .If~.o .I:f'~v"- PANTHER KEY LLC O.R, 3720, PO. 90 FOUND 4X4 CONCRETE COLLIER MONUMENT BOUNDARY &. TOPOGRAPHIC SURVEY OF ALL THAT PART OF THE SOUTHWE:ST 1/4 OF SECTION 17 TOWNSHIP 50 NORTH ....!II. RANGE 26 EAST. COLUER COUNTY FLORIDA ::::tlGNOlJ .....E ' ::::: AnBER &. ......13; ...... ...... tlNDAGE",,~ Proto"lo""l ongineen, pIllnne"" & land BUno1'>l'lJ Colll.o. "-'" ....... too. ,... 1...w... .,.,.", "...... "'l'l-. n. "101 i2Otl6rl-l111 ,"'- ~...."":t ~~ "~.".i~ ~~ '='", n...,: ,::=== LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION:' PARCEL 132 CLIENT: COLLIER COUNTY 'TRANSPORTA llON DIY/SION BY: GEORGE W, HACKNEY, P.S.M. NO. 5606 SCALE: 1" = 100' DATE: JAN 9, 2006 DRAWN BY:---IRA PROJECT NO.:llQ81-CBB. ACAD NO:~ FILE NO: 93ZQ EXHISIT_ A ' , P~ge- 7 CJ -4.. OL?~= OR: 4087 PG: 1051 '1~ I.: i r~j "".r_ ..~/ 3'...,. ",""' ~,'. ,.' F.E:t~ SIMPLE INTEREST SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PARCEL 132 PROPERTY OWNER: PANTHER KEY LLC REFERENCE: Q,R, 3720. PC. 90 LEGAL DE?CRIPTION OF PARCEL 132 ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLliER COUNTY , FLORIDA, BEING MORE P ARTIC~LARL Y D~CRIBED' AS FOLLOWS; THE WEST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF IHE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8 LESS THE WEST 50.00 FEET THERE OF FOR COUNTY BARN ROAD RIGHT OF WAY PURPOSES AND LESS THE SOUTHERLY 30.00 FEET THEREOF. CONTAINING 4.36 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; AGNOLl, BARBER AND BRUNDAGE. INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS ' GENERAL Norr~ 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2, CURVE DIMENSIONS ARE AS FOLLOWS: /::,. = DELTA ANGLE, 'R = RADIUS, A = ARC DISTANCE, CH = CHORD DISTANCE AND CHB = CHORD BEARING J. P.O.B. = POINT OF BEGINNING. 4. P.O.C. = POINT OF COMMENCEMENT. 5. BEARINGS ARE BASED ON ~ . = SET IRON ROD/CAP @ = FOUND PK NAIL & DISC [] = IRRIGA TION CONTROL BOX Ik2I = WA TER METER ([J) = UNITED TELEPHONE SYSTEMS RISER ~ = WA TER VAL \IE . = BACK FLOW PREVENTER :(.J) = CLEANOUT BOUNDARY & TOPOGRAPHIC SURVEY OF ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 17 TOWNsHIP 50 NORTH ....~ RAfjGE 26 EAST, COLUER COUNTY FLORIDA ==== GNOU ' ..... ===== ARBER &' , ......B ...... ...... UNDAGE...", Protel!l!lion.e.L engineen, pIannenr, & land 8'tU"?8yon c.Dift' Count,! 8at.lA 100, ,"'00' 'l'~ 7rdl. N~ x.,.. n. a4101 $tM)Wr-I111 ... ~..~ ~~H':;."...l~ ~~. n.....: ~=J:::= LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 132 CLIENT: COLLIER COUNTY TRANSPORTA1l0N, DIVISION BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: . 1 w = 1 00' DA TE: JAN 9. 2006 DRAWN BY:--IM. PROJECT NO.: 8081-C8.B. ACAD NO:~ FILE NO: 932-5. OR: 4087 PG: 1052 EXHIBIT-L P~. 71 _ of_/:2. TEMPORARy DR~AY REalORATfONEASEMENT (DURA1lON: 3 YEARS FROM COMMeNceMeNT OF CONSTRUCTION) ,,1l; '-_ .~ PROJECT NOJ 60rOl PROJECT PARCEL NOJ 761 SHEET .L OF .L L 30'--1 LEGAL DESCRIPTION AND SKETCH 'li!; z.. TEMPORARy DRlVEW A Y RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHlP 50 SOUill, RANGE 26 EAST COLLIER COUNTY, FLORIDA \ EAST PRO:E:TY LINE 8< WESTERLY R/W LINe. OF COUNTY BARN ROAD (C.R. 268) COUNTY BARN ROAD NW ~ OF THE SW ~ OF SECTION 8 (C.R. 268) Ne. ~ OF THe. sw ~ OF SECTiON 8 lEGEND I RIW . 'R I GHT OF WAY lS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. "PLAT BOOK PG. . PAGE PSY . PROFESSIONAL SURVEYOR a ~PER C.R. . COUNTY ROAD O.R. , OFFICIAL RECORD w ROPcRTY LINE LEGAL DESCRIPTION - PARCEL NO. 761 ~ ..., -..J THE WEST 19 FEET OF EAST 44 FEET OF THE NORTH 20 FEET OF A PARCEL NOW OR FORMERLY OWNED BY HARRY AND MARTHA BICKFORD BY DEED OF RECORD IN O.R. 223r, PAGE 1300 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA. SAID PARCEL LOCATED IN THE SOUTH 1/2 OF THE NW 1/4 OF THE SW 'r /4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (::: e:i ~ Q.,; i:: ~ HARRY & MARTHA BICI<FORD FOLIO NUMBER: 00406600305 O.R. 2231, PG. 1300 r. / 1 I I I I I r fXISTtNG ROAlJrVAY, DRAlNAt;e. -L UTILITY EASEMENT ---- -- ---- 19' TEMPORAAY DRNEWAY RESTORATION EASEMENT RM Una" R/W FOR a COUNTY BARN ROAD (C.R. 268) ~ (WIDTH VARIe.SI R71I no "~American= ~'.a Consulting Engineers of Florida, LlC 4111 Land'O' Lakes BlVd. SuIte 210 Land 0' Lakes, FlorIda 34639 Phone: (813) 998-2800 Fax: (813) 996-1908 Certlfloate of AuthorizatIon No. 7110 Joel C, MOGee, P,S.M. No. 6430 I I I I I I I I I I I I ) I~ l:j i~ Its 1~ IQ.; I;x:; ,t..: Igs :;e: 26' I ~ I I I , 1 I I I I J I I --- ~ I 1 I I I I J I I I I I I 1 1 I I I ) / I I 1 , I I I 1 I I I I , I I I I I I I I I i I I I -J \. /' / I I I 1 I J I '" ,- ~L H / I ( r I :l COLLIER COUNTY DEPA.RTMENT OF TRA.NSPoRTA.TlON I DRAWN BY. JCM CHECKED By. SP DRAWING DATEr 08-/8-05 SCALE. 1".60' PROJECT NOr 6010[ PROJECT PARCEL NOI 762 EXHISJT_ 1/ Page-2L OL ?~ *** OR: 4087 PG: 1053 *** 7't TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARs FROM COMMENCeMENT OF CONSTRucTION) =-2': SHEEr LOF L L 30' , ~ LEGAL DESCRIPTION AND SKETCH TEMPORARY DRlVEW A Y RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I I I I I I I I I I I I I I I I I I I I I r I I I I I 1 I I I I I I 26' I ~ I I I I I I I / / I I -/ ---1 I 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 1 ~ \. :::5 (::: e:i ~ /' <l.: I I ~ 1 ~ I I I J I_ I ~L H / I ( 119' TEMPORAAY DRNEWAY I R STORATION EASEMENT 35' R/W FOR . 8 COUNTY BARN RON) (CR. 268) .... (WIDTH VARIES) Ri'W 00 lEOENDI RIW . RIGHT OF WAY LS . LAND SURVEyOR LB 'LICENSED BUSINESS P.B. . PLAT BOOK PO,. . PAGE PSW . PROFESSIONAL SURVEYOR a ~PER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD WEST PROPERTY UNE JONATHAN GIFFORD FOLIO NUMBER: 00406200006 O.R. 842, PG. 1888 LEGAL DESCRIPTION - PARCEL NO. 762 'k! ~ ~ [5 ~ Q.,; ~ g;; ::;: THE WEST 19 FEET OF EAST 44 FEET OF THE SOUTH 35 FEET OF A PARCEL NOW OR FORMERLY OWNED BY JONATHAN GIFFORD BY DEED OF RECORD IN O.R. 842, PAGE 1868 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA. SAIO PARCEL LOCATED IN THE SOUTH 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. I' EXISTING ROIiJN~.DRAlNMe --L &, UTIUTY EASEUeNT \ E~ :OPERTY UNE 8< WeSTERLY R/W UNe OF COUNTY BARN RON) ICR. 268) R/W Uoo "'" ~ OF THE SW ~ OF SECTION 8 NE ~ OF THe SW ~ OF' SeCTION 8 COUNTY BARN R.OAD (C.R.. 268 "\\American . : ~'A: Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, FlorIda 34639 Phone: (813) 996-2800 .Fax: (813) 996-1908 Certlfloate of Authot/zatlon No. 7110 Joel C. McGee, P.S.M. No. 6430 C'OLI.JER COUNTY DEPARTMENT OF rnANS.PoRTA.110N DRAWN BY. JCM CHECKED BYr SP DRAWING DATEr OS-IS-05 SCALEr r "'60' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO --- , 6 B 3,.,', THE BOAlID OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TVRi .' . Print on pink paper. Attach to original documenl Originaldocu1l1ents should be hand delivered to the Board Office. The completed routing slip aftI1 oliiginal _ _ documents are to be forwarded to the Board Offtce only.!!Jttt ~eBoard has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ex tion of the Chairman's si tnre; draw a line throuroutin lines #1 tbrou #4, co lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. H~ (~', frSH'fbi\.J 2. ((Jv...~ fy kITh..-. o"\l 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners H(A 101'-1 lot., 6. Minutes and Records Clerk of Court's Office I l"Q ~ y t C cK et t"h, S cl 0 L4 ",oJ. ( '" r-t' (. S. " b I II /1") :, 10 , IS COu..r1"" ~o,...,/\-I teOA.4 ---l..0101, 6t<<:. Th"'SpDd'~'."" '-rH..rr'l; 313- It. 3 {,<;;{" -l. 'f'io3.0. P/~.AaJt.,.. PRIMARY CONTACT INFORMATION ~ "Hool," to,y +0 #-I..iJ,' ~J.,,lo1\o.J (The primary contact is the holder of the original docQIl1ellt ,endiagBCC approval. Normally the primary contact is th~~~ '~ho ~~~1aIed ~u~~O\t . summary. Primary contact information is needed in the event one of the ~sees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC OIllinnao.'s signal11re are to be delivered to the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff Hflo.l A-S riTl:> rU Phone Number -:r=tLf-Sy DO Contact Agenda Date Item was Lf!;)u/vS:- Agenda Item Number ! t.a B 2:> Approved by the BCC Type of Document 51.(.66Vt it -tall 0 N Number of Original 1- Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signedlinitiaIed fOrlegal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl Slate Officials.) 2. All handwritten strike-through and revisions bavebeeninitialed by the County Attorney's Office and all other arties exce the BCC Chairm.an and the Clerk to the Board 3. The Chairman's signature line date has beenente4'td as the date ofBCC approval of the document or the final ne otiated contract date wbichever is a lie able. 4. "Sign here" tabs are placed on the approprialte pages indicating where the Chairman's si ture and initials are r uired. 5. In most cases (some contracts are an exception), tije original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! . 6. The document was approved by tbeBCC on (eater date) and aU changes made during the meeting have beeD incorporatEd in the attached document. The Coon Attorne 's OtTlCe bas reviewed the ell es if a lieabIe. 4 tl A..~ p~"" of 6,1-.,.. CAAcJul kU.olk..h.i'\... c. ;JooS"-/1., Y Yes (Initial) N/A (Not A licable) HfA rJA f\JA lAfA f'-JA ~(A I: Forms! County Forms! BCC FormsI Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 - ........, .,,-......... _.~.- - - ..- . ,-- ............ ..=...b'._..<__..,.._....c.-"" _.,......."".._.....""_._,,,...,,., '."'''_''>''~'''''''''' Page 1 of 2 ashton_h 1, ~ R ~ /' From: Sent: To: armstrong_d Wednesday, October 04, 2006 9:24 AM ashton_h Cc: LantzLorraine; RodriguezWanda Subject: RE: county barno-revised subordination for FPL County Barn Road #60101 BCC Transportation - TECM 313-163656-649030 Thanks! From: ashton_h Sent: Wednesday, October 04,20069:17 AM To: armstrong_d Cc: LantzLorraine; RodriguezWanda Subject: RE: county barno-revised subordination for FPL Once I get it executed, what account numbers do we give to the clerk for recording? Thanks JfeUi :T. .9I.sfiton Assistant County Attorney (239) 774-8400 phone (239) 774-0225 fax From: armstrong_d Sent: Wednesday, October 04,20069:08 AM To: ashton_h Cc: LantzLorraine; RodriguezWanda Subject: RE: county barn--revised subordination for FPL If requested, we use the G&P resolution for subordinations, which is 2005-164, 16B3 4/26/05. From: ashton_h Sent: Tuesday, October 03, 2006 4:47 PM To: armstrong_d Cc: LantzLorraine; RodriguezWanda Subject: county barno-revised subordination for FPL Debbie, I have the corrected subordination for FPL. Can I have the agenda item and date when the first one was approved so I can get the Chairman to sign this subordination? Thanks 10/4/2006 This instrument prepared by: Florida Power & Light Company P. O. Box 1119 Sarasota, FL 34230-1119 This document is being recorded to correct the Page number of the easement listed 7th in the table below to read Page 385. 3912231 OR: 4116 PG: 3413 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/04/2006 at 03:10PM DWIGHT E. BROCK, CLERK REC FBE 639,00 INDEXING 14.00 COPIBS 75,00 Retn: CLERK TO THE BOARD INTEROFFICB 4TH FLOOR EXT 7240 .168 3 CORRECTIVE SUBORDINA TION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this '-If'#1 day of Oc.fvhl./, 2006, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such Lands, based on the following: Willett E. Wentzel, Jr. and Constance M. Wentzel J. Allen Fleming and Barbara ... . ...... ....... . ..EI~rl1irlg Andrew F. Ewing and .~rlcjr~IJII.V\j. Ev~ing . William L. Jones and Barbara F. Jones Joseph D. Testa and Vicki A. Testa Joseph D. Testa NATURE OF ENCUMBRANCE FROM OR AGAINST IN FAVOR OF DATE Easement 1/13/87 Eli Baron/Elba Development Easement Eli Baron/Elba Development Easement 7/3/80 Easement 7/7/80 Easement 9/14/79 Easement 12/9/88 Easement 9/3/76 Easement 5/12/77 RECORDED BOOK-PAGE Florida Power and Light OR Book 1248 H .9<?rl1P~rlY"'H ...... .' ECi9~1Z~~L Florida Power and Light i OR Book 1248 . .H....9<:>rl1PCi.r.:!l'.....H._. ............I...E Ci.9~.1~QQ Florida Power and Light OR Book 877 .. ....ECige 851 OR Book 877 .......ECiR~ .~?? OR Book 847 .. ..... page 319....... ! OR Book 1417 '=c:l.g~.?~g~ OR Book 668 .....e~g~~~5 OR Book 730 . ..Pc:l.g~Z??n.. Florida Power and Light Florida Power and Light . '.. .g<:>rl1P~rl)'.. Florida Power and Light .. ... ...9<:>rl1pc:l.rll'..___.. Florida Power and Light .. .. . .. ...... 9C?rl1pc:lrlY......... Florida Power and Light 9<:>rl1PCirlY. OR: 4116 PG: 3414 .~~ Joseph D. Testa ..J.~. "",;,: Easement 1 /2/79 I 11/14/791 6/17/80 I 4/8/86 I 8/2/04 I j 2/3/05 I j~3/05_J I I Robert Carroll and Betty I Carroll --.J Orangeland Vistas, Inc., a Illinois cor . Robert A. Flick Easement Joseph 0 . Testa i I 1_._- I Easement I A reement I Easement I I I I Easement Easement Robert A. Flick i I I l'-'~~-'-~- Easement Robert A. Flick The County and the Utility further agree that: I I _____J 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by Collier County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~ BY: - -~~ --' FRANK HALAS, Chairman " i, r~ 0" () ATTEST:';'- r DWIGHT E. BROCK,'<%lerk ..,- /,/ . ~" Q~r~,~, . ,~igillt"" ~l. "+ :' {' ,~ . Signed, sealed and delivered in the presence of: By: l t\\\ l~~\AJtf ~Q '\')\{\.M.v-' Print Name: Miohello KahmaAn ~~(' ~ By: ~/- Print Name: . -un c.tt/ {f. .5,;5:tc//i__ / 2 t~/~- orate Real Estate Manager. J. T. 'l'. (Corp. Seal) .J .,...l ^"/ ~(~ ,./ -:::, . ' <'/ ,:// OR: 4116 PG: 3415 168 "71 A J STATE OF FLORIDA, COUNTY OF PALM BEACH I hereby (fOif}U!:gt_ qn this day, before me, an officer duly authorized to take acknowledgements, personally appeared Da.:J G. ~ me known and personally known to me to be the person described herein, and did not take an oath and who executed the foregoing instrument as its Corporate Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this2 t~~y of 6[-1. ,2006. My Commission Expires: Notary Signature: D\l (RL~~! VI) ~/11/'6.-~^-, Notary Public State of Florida Printed Name: 'i' MIchelle M. Klihrnann ~ . My Commiasion DD242ee3 llI' ~ Expires SePtember 18, 2007 Approved as to form and 1!7CY; t ~ Heidi F. Ashfrm Assistant County Attorney 3 EXHIBIT A..~_" Page~,.ot. 7~ SECTION 17, 168 3 OR: 4087 PG: 098t',. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY,. FLORIDA = PARCEL NO. 101 PROPERTY OWNER: MHC-,NAPLES ESTATES LIMITED PARTNERSHIP RtFERENCE: .Q.R. 2476, PG. 2427 AREA OF TAKE: 0.58 ACRES :l: PERPE11.JAL, NON-EXCLUSIVE ROAD RIGHT ..()F-w.\Y, DRAJNAGE AND UTlUTY EASEMENT C\j I- ~ ::J- - ~I ~ O::l t ~~t~ t3<31- C)Q.~ CSt<)'~ ~- ~a:i 850.: S; ~ ~ "-D ..--I oc:::t1 ("V'") ~ .~ C) ~ :;~.,~..:. '~;~'.~l~ ., . o!r.' '..... "-D ..--I ..--I oc:::t1 p:; C) LU ~ a ~ ~ ...J <.. Cl-~ a 0), , a~lJ.! ~ "" (j ;<: >Jo"J. ~ ~<38J ~0...1i (j <::l f--Q:J ~I"') , t Cl)CQtCQ ~o... -.J f- ~() ~ ~ MA TCHLlNE SEE SHEET 2 OF :; ~ ~ I ~ 31 ~r; . ~:I ~~ -.J Lu~ (:)01 ~:<t: i;i I ;S; L.j 'I- I ~ i= -0 3!~~~ ~ '1-1 to It) C'J : a ....J I 11 . +27.32 67.00'R ~I 31 Cl ~ Cu 6 co -f I Q::~ G:J 0, <0 01 - I <:. ctj Q::O lcJ 0 ~a:: '>- . 0 .~ <0 .IJ) + " ~ "I- '<t- ,~8 ~ C'J 0') 0 ' - 0 s'- Cr} "0 () g + N C'J g + o C'J ~ . . <00, It)O ~~ ~<o 2'" <: +0,00 50, O'R :s: c:i a:: >- -1 ~ 0') 15 (!J ~ 0') X L.j ~ I r:cl ~ I o ~ I Cr} I I ~ ~ r II N"- O ~ (j V) 9:: 05 8J ~ Q:::' "'<: 0... ~~ ~C\j "::.1<3 (/)0... ~ . ~~ f..::'<:}o C3C\j tD~ -JO a:: ~ I () ~ T.C.E, :::: TEMPORARY CONSTRUCTION EASEMENT P, O. C, = POINT OF COM M EN CMEN T ' #!JIf;. BE:ARINGS' ARE: BASE:D., ON 'THE: SURVEY BASWNE: P.O.B. = POINT OF BEGINNING OF GOUNTY BARN"''',01JO';/iSCBE:lNG N 00'34'56" \',( R. O. W, = RIGHT -OF- WAY LEGAL OESCR I RiI9W,: Af.1i'):~s~E1feH SHEET 1 OF 3 THIS LEGAL b'ESCRIPll'ON AND SKETCH PREPARED By, DESCRIPTION, PARCEL",10F , .. , CLIENT: COLLIER. COUNTY '.TR' NSPbRTArIOWWIVISION .....!!I\ ::::H..GNOLI .....93 ..... ..... ARBER & ......13 ...... ...... RUNPAGE,lNc, Protessl6nal engineers, plannerlJ, &: land !lUrveyors CaUllr CaulIlY' !luiLe 200, 7400 Tl.lIIflll1J TrIU, NarUlI Nlpl... P'L 34108 (23~)8g7-3111 L.. CaUlIlr. OOgO Ca..llul RaId, SulLe 1031 Ballllo, IJ'prlllrl, n. 34135 (Z30)OU-8883 CIl'l1tlOlLe or !UU.OrlIOUolI NOI. UI 3elU IlIId Iia 3884 Yu: (230)tlll8-ZZ03 t5 ~' ;S;h. ~rs I-Cl~2- ....... liJ .., ~ ).: Vi Y'l ~L5~ I~~s~ Q:::O-1c:o ~a::~l!) 1a..8~2. ViCl . 0<: <0 Q.~ ~ ~ "d .... Q. iJ.J . en .It) co P (3 <: I' ~I 3~ f'...f..,; I I .1 I I I rd63 U(;) Ct:O ~iS 0...8: BY; . ~.- G 0 E W. HACKNEY, ,S.M. NO. 5606 SCALE: 1":;:; 10Q' DATE:_ MAY .6,' 200..5- DRAWN BY:----J.!Atl PROJECT Nc).:,B081-CB8. ACAD NO:.90737SD1 Q1 FILE NO: 907;3, '~H'BIT~ Page~ & _ at 7J - OR: 4087 PG: 0983 w 16B' 3 SECTION 17, TOWNSHIP 50 SOUTH, RANGE. 26 EAST COLLIER COUNTY, FLORIDA PARCEL No, ...101 PROPERTY OWNER: lriHC.,...NAPLES ESTATEs JJMITED PARTNERSHIP REFERENCE: O.R. 2476, PG. 2427 AREA OF TAkE: ..Q;S8 ACRES :I: = ~ '~ N~ ~ ~ ......J '<:( ~ PE~ NON-exclUstVE ROAD RfGHT~-wa.y, ~GE ~ AN:> UllUTY'EASeMeNi C\/ I- ~ :::l- ... ~I c:a~ ;"{ a ~ ..... -. (.f) . LUc3'" Qo.~ c5 ~' ~ ~- ~tti III a. S; C2 r- ....--I q-o (V') ~ P-. \...0 ....--I ....--I q-o t:t:: C> '> T,C,E. = "TEMPORARY CONSTRUCTJON P.O.C, = POINT OF COMMENCMENT P,O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY "...~ :::: GNOU ..... ::::: ARBER & ......13 ...... ...... RUNDAG11:,llfo. Professional engineers, Plannerll, & land surveyors Cow... Cou,,~ 1Iul1o 200. 7(60 To:mJam.! TrllJ, Horthl HlplOl, r'L MIlia (23g)!g7-~(11 too c.....o/, gogo eoo.,,,"t ll6ad, 1Iul1o 10~1 1l0ll!1& spnq., n. MIlia (2~g~_~~ CCrtl.!t"'1o .t J...u..risaU." K... LlI 86M lIld III 86M lUi (&:III)Cl68-azos ~ ,:-- a ..... o of I o :+ I I + . ~~S . . j '. " . I . ~ I I ~ ~ I g ~ j r + -J -;\~ ~ ~ I 10 :3 II tl':~_ II <:0 Cl::, l ~tl': sf >..a -J 1-0 ~ II~c o~, 0 :j: lrl' I () :N :+ I') 61 -J ~ ~ I I ~. ."1- ~ as 61 It.J~ ~-J c." (I) I ~.~ -LW ~ ~ 0::;:: :+ 0_ o ~I Lr,~ ~3t-: ~~ ---g ~:-! . ~. a :1 o -J :;::. c:i 0::. :>- -.J ~ - eJ l' f.;: to 8l' .lI) ~ ((:j ;-::; ':!- f'" .... t"l co c." C) t'i <: C) ~ <: C/J ~ LW Co CO It.J -.f OJ .~ <:0 - (jj kJ (jj '<( 1 OJ <:0 -:>- .tr) .~ M c). Q:: C) i7i CIl .~ P.Q,B, ~ It.J 1 ~ -.J ;:: I ~ ~ ). ff ~ j. gs <: . .~. - l- OJ .co <: t5 ~. . <: ~ I ~iii -O~+i' 2 :>-. U) !t) I ~WLW :-J~ f3 ~~;::'<1: ,~@~:g Q..a~c::) I liJ C:l -..::.. cg<: 0..'<( . a. ~ 0:: r-...: 0.. co co 9:: ~ aJ ~ 0::: ~ ~~ ~~ ::J(!5 iJ)Q.. ~.... 7'(~ f...;:~ ~~ iJ)0:: L1jd a: ':'G: <: I (j ~ ~ 1 <:0 ~ ~ a C) '<: , I ! r ~w I au "'-f..: I c:J '6]' Oig 0:::11. I ~.~ I I 8/22/05 8 31 05 BY: G OR E . HACKNE , P.S.M. NO, 5606 SCALE: . 1" - 100.:, DAT'E':_.MAY 6. 200-.Q . ORA'NN 8Y:~ . PROJECT NO,:BOB1-C~R ACAO"NO:.9.o73-SD1016, FILE NO:_ . 907.~ SECTION 17, I EXH/BiIT-L Page_3_ of_ 'Z~ I' ~ I , TOWNSHIP 51iO SOUTH, RANGE 26 COLLIER COUJNTY, FLORIDA I OR: 4087 PG: 098~ '4 EAST ~ . LEGAL D9.SCRIPTION (ROADWA Y, DRAINAGE lIND UTILITY EASEMENTJ PARC,L OF LAND L 'aNG IN SECTION ~7, TOWNSHIP 50 SOUTH, RANGE 26 EASe COLLIER COUNTY, FLoRIDA, BDNG MOIRE PARTICULARLY DESCRIBED AS FOLtows,' . BEGINNING A T THE NORTHWESTERLY CORNER OF' lHA T PARCEL O,SCRIBEO IN OFFICIAL RECOROS BOOK 2476, PAGE! 2427, PUBLIC R[COROS OF COLLI" COUNTY, FLORIDA, SAIO CORNER L'a* ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O, w.~,' . THENCE SOUTH 00'J4'56" EAST ALON1G SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 1694,88 FEET,' THENCE LEAVING SAID RIGHT OF WA 111 LINE NORTH 01'08'56" EAST A DISTANCE OF 827.66 FEET: THENCE SOUTH 89'J8'51" WEST A DI~TANCE OF 8.00 FEET; TH,NC, NOR lH 00'J4 '56" wtST A LO~G. A LINE 17.00 F'ET ,AS","RL Y FROM ANO PARALLEL WITH SAIO RIGHT OF tv A Y LINE A DISTANCE OF 867. 16 FEET TO AN INTERSECTION WllH THE NORlHER~ Y LINE OF lHE AFORESAID PARCEL; lHENCE 'NORTH 89'11 '52"WE'ST ALONG SAID NORlHERL Y LINE A OISTANCE OF 17.00 F'ET TO AN INTERS'CTlON WlT* lHE AFORESAID RIGHT OF WA Y UN, AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; I CONTAINING 0,58 ACRES OF LAND MqRE OR LESS; SUBJECT TO EASEMENTS AND RESTRI([;TlONS OF RECORD: ABSTRACT NOT REVIEWED, I I <X> ~ ><:::::t" cY"') ~ ~ R~~~USJve AM:> UTJuty .V, DRAlNAGE I EAsEMENT . I I '-D ~ ~ ><:::::t" P::: c::> "> '--"---r. " TI.'US LEGAL DESCRIPTION ANO SKETCH PREPARED BY: I , ,,' .... LE):GAL DESC~IP',rto,:~L :A'N'O::'$.KETCH. ''SHEET 3 OF 3 DES~RIPTION:' PARCE;l;.'1.b1' '''', '..... ." I . .... " , " CLIENT: . COLLIER COUNTY TRANSPORTATION DIVISION I . :'. :"':'. : " .... ....!J\ ::::H.GNOIJ .....!![) :::::UARBER & ......13 ...... ...... RUNDAGE,INo. Professional engineers, planners, &: land SUrveyors como. CoUl1lr, Sullo 200, 7~0 TOllll1l!lJ TuU, N.rIlll Nopl.., 11. ~([oe (23Q)eQ7-31l1 too C.Ul1ln gggO C.OOIlUt 1Io0d, Sullo 103; B.llll.. Sp~" n. iUl3e (23g)g""-eee3 c.t'UtI..lo ot .l.Uth.rtIlU.1l II.... UI 3~, ""4 n 38e, 1u: (23Q)~-Z203 '.BY:':::. . ,', .EO G,I;.' " HA EY, P.S.M. No. 56G6 . . .. . SCALE:",. N,T:S. DATE:_ MAY 6.. 20Ql2 DRAWN' EiY:~, PROJECT NO,:B081-CBR ACAD NO:.lio73-SD1 01A FILE NO:... Qn7, SECTION 17, PARCEL NO. 701 PROPERTY OWNER: MHC-NAPLES ESTATES LIMITED PARTNERSHIP REFERENCE: O.R. 2476. PG. 2427 AREA OF TAKE: 0.60 ACRES :I: t.J ~ C ~ ~ -J ~ Q- Oo,W '"" I . ~r-...O ~Q;) - C8~85 Ct:o...tE c..5 _:::, I--OJ ~I"') . t Cl)CO~ ~o... -J I- ~ (.) ~ c::::r. ..--I oc::::t'" CV') ~ P-.. 0..0 ..--I ..--I oc::::t'" <0 Q;) BJa :=2:1"') ili~ No... Q 0)- O:::Q;) ~~ D~ - . Q::Q:: c:) ~ C> ~ --- EXHIBIT -A- OR: 4087 PG: 0985 page....L of.:.:z.t. 16 B 3 o o + OJ o o + co .- o o + r-- ~ Li:J (/) Cti ).. ~ ~ TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHLlNE SEE SHEET 2 OF 4 o o + to Q (3 Q::~ <::. 0:::0 ~a:: OJ_ ~8 <::- :::,""'" 8 . - LJ::;;O b <0001"1 ~ ~ r-...!-:(/) ;;:;;;:; Uj 01 01 cjEl~ lLJ s Oigoo;( . . 0:::0..0 <0 <0 ~C)(Q ~ .!0 0... Q:: c:i t"l ; 0..'-- a a a a (I) <:: o o + It) .- o o + -.r s: s c::i . . n:: (()Ol ).. l/)a -J ....~ ~ t"l<o 8C\J (/) <:: L5 0 ::::: 1<:: (/) S< Uj g + t") .- .- ..... RA TTLESNAKE HAMMOCK ROAD (C,R. 864) (R.O. ~ VARIES) ~~ N~ O ~ G CI) Q ~ es ~ Q:: Ci: ~~ ~C\j ::J~ y,o... ~ <0- ~~ ~~ y,CJ:: Lu' -Jo Q ~ I (.) :r: ~ EXISTING NORTHERL Y f?O. W. LINE T.C.E. = TEMPORARY CONSTRUCTION EASEMENT f5.0.C. ~ POINT OF COMMENCMENT l>/QJL BEARINGS ARE -eASED ON THE SURVEY BASEUNE P.O.B. ~ POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'34'56" ~ R.O. W. ~ RIGHT-OF-WAY LEGAL DESCRIPTION AND SI{ETCH SHEET 1 OF 4 " ~;/. THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 701 . .' \ i i (',,; CLIENT: ,COLLIER COUNTY' T, NSPORTATION, DIVISION ....,!)\ ::::aGNOU .....U :::::UARBER & ......13 ...... . ...... RUNDAGE,lI<c. Professional englneern, planners, &. land surveyors c.m.... CoWltv. !lullA 200, 7~ 'I'omJomJ '!'roll, ll.rth; llaplN, n. 341011 (23g)~g7-~111 fA. CoWltv. ggllO C.....nt Rod, !lullA lC~1 B.I11~ SJlrinp, FL 341:lll (23g)lUII-aaes Cct'UlI...to .r .l.nlh.rlu.tJoll ll... UI :lllM "'''1 III SlIM fax: (ng)Me-2ZC~ -+:69,00. 50.00 R BY: GE GE- W, HACKNE P.S.M. NO. 5606 SCALE: 1" = 100' DATE:AUG. 22. 200~ DRAWN BY:-.o.lAtl PROJECT NO.:.B081-CB8, ACAD NO: 9073-SD701" FILE' NO: 907~ SECTION 1 7, PARCEL NO. 701 PROPERTY OWNER: MHC-NAPLES ESTATES LIMITED PARTNERSHIP REFERENCE: Q,R. 2476, PG, 2427 AREA OF TAKE: 0.60 ACRES :I: C\j I- ~ ::::>- - ~~ ~ct f....;: - ~(!) ~ ~ L.j<.:il- QQ.~ c5 t-J~ ~ (!)- oq:o:i eJcl ~ (E ~ c::::> ~ c:::;I'4 CV") ~ P-. '-.D ~ ~ c:::;I'4 p::: C> LJ ~ ci :s ~ Q~"'<: 0.....' LJ a I . :::::t'-...o ;:z: c:o ~ t8<.:ieJ Q::Q.[t (j ~::::> 1--0) ",<:t'<) . t V) OJ tOJ oq:Q -.J I- ~ ~ ~ ~ EXHIBIT A PageL of...22-.. ~ ~ I ~ 3\ +:37.28 77.00 R +27.32 67,00'R a o to )~ ~~I ~~ Lu~ ~(fj '" I ~ L5 : I ~~ 31 I.Cl~ -~1{~1 . ~~ N : Cl -.J I h tR\ 'I' 31 o o + "<1- N Q d O:::~ <:0 0:::. "'<:0:: O)~ >-c I-C <:- ::::>'-' a o. s c:i ci )... -.I ~ <n L5 (.? ~ <n x LJ Lu <: a <n "'<: OJ )... ~ Cl::: ~ +0,00 50.00'R ~ cO S: lu . t") ;:<I' co !'i 01 co <: <0 'i- 'co !'i 01 co (I] ta Ii t~",~': ~ ~ N~ o ~ Q. ~ eJ C> ~ :::0 0:: '<:( 0+::::0. Q. E3~ c:::> co !.:::":t- --.:J --C\j ""'1.::f ~ -- Q -.J<.:i Cl)Q. <:::> ~ (Q~ '-.D ~~ ex:> C'J"'Io f:3C\j Cl)0:: L.j' -.JO Q '<:( <: I 0 ::r: ~ MA TCHLlNE EASEMENT SEE SHEET 1 OF 4 ~ BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD. AS BEING N 00'34'56" W. LEGAL DESCRIPTION' AND SKETCH SHEET 2 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 7,01,' CLIENT: COLLIER COUNTY .TRANSPORTA TION; pJV!SION TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHLlNE SEE SHEET .3 OF 4 T.C,E. = TEMPORARY CONSTRUCTION r.o.c. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O,W. = RIGHT-OF-WAY ....:1\ ~:::tlGNOU .....0 :::::UARBER & ......13 ...... ...... RUNDAGE,lllc, Professional engineers, planners, & land surveyors CoW.r Count" Suit.. 200, 1<<>0 Ta.mh.ml Trall, North; Napl... rL M108 (23g)fi07-~1 11 to.. Counl,., gggO Co.onul Il<>od, SuH. 103: 80m'" SprlJip, PI. UI35 (23g)g~-8883 c.tUftoo1a or AUlhorluUon !lol, IJl 3ilU and EiI 3ee~ Pu: (238)5ee-2203 t5 "'<: ~I- ~aJ -Cl~ a ~ _ >,:VI -.J~L5 t3~~ O:::O::J ",<:Cl:::~ Qa==> bla to ~ 0 <: to " Q. "'<: r-.: r-.: 0 fti ~ ft ~ Lu ~ tn !l'l Y'l co co p p o 0 <: ~ . . W-' <001 50-+1 ll)O ~~ I'-.h:VJ Lu ~to -.JCli3 8~ ~bJ",<: 0 <: Q::OQ 0 "'<:~(Q + N Q.Cl::: ' N Q.-2- o o 6 N 8/31 05 BY: GEOR E W, HAC~NEY, .S.M, NO, 5606 ,- SCALE: 1" = 1 00' _ . DATE: AUG. 22. 200Q DRAWN BY:~ . PROJECT NO.: 8081-CBR ACAD NO: 9073-SD701 A FILE NO: 9073 EXHIBIT t\ ,1 6 B Page-la- of...2L '~ .,;- SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 701 PROPERTY OWNER: MHC-NAPLES ESTATES LIMITED PARTNERSHIP REFERENCE: O.R. 2476. PC. 2427 AREA OF TAKE: 0.60 ACR[;;S :l: ~; N~ ~ d U) C\/ h ~ :::J- - ~~ ;q:: C 1: J-: - ,(!) V1 lLJ(3h aa..~ c5 1<)" ~ (!)- ;Scx:i ~a.: :s: iE ~ C".J o::::f1 CV") ~ ~ ~ ~ ~ o::::f1 0::: C> ~ :JS "i- .:-- o -.I o J I ~~~II I") -.I I I ~ I I ~ !;;! I g ~ I I + -.I -;\11 ~ I-. 0 31 I o::~ I I <: . 0::0 "i- ~' ~ Q:)O:: 51 :>-0 -.I hC ~~C 8 I 18 + It) C'.J ~I n .... e -.J ~ ~ I I I-- "i- ./dC'j 51 lI.J~ ~-.I (C) Vl I ~L5 " Q::~ ~I c_ . -.J o I-. U") j::: o 3..J-...--1 <'\j:::J -:I- '---I{I ---g 0'\ ~I a ~ ~I o -.I ;;:: o n:: >- -.J ~ 0::: . "ch ~ <00 V) .It') . ~ 'l- ~ ...... t'"J <0 (C) 8 C\j <: <: ~ x Ll.J P,O.C, P.O,B. lJ.J ~ . . C\j C\j ,It') Y"l - T- T- O') 0') co co tI) <: ~ a (Jj oq;: Q:l >- ~ ~ V) lu (C) oq;: 3;1-- O?CJ -Q::E ~>:~ :'l:~ -.Is t3~~ o::O:J ~Ct::j::: Q.Q:::> ~a 0<: . Q. '<( It') a <0 ~ Q:: ..... COQ. r-..: ~ <0 co ;;::; lJ.J . . <0 IB Y"l 'l- 'l- t'"J t'"J 0 0 0 0 <: tI) \ ~ -.J ~ 8J ~ 0:: Q. >- -J 8J i!:: 0:: a <: 9:: ~ 8J ~ 0:: ~ C> Q. ~~ :::0 ~ ~C\/ <::::> -- cx:> -.1(3 -...J V1Q. I-t:J ~ .. :o:(~ ~ J-:'O;j- ~C\/ <::::> '-0 V1ct: 00 lLJ' -.] -.10 Q. ~ I 0 :t: ~ MA TCHLfNE EASEMENT SEE SHEET 2 OF' 4 .ti..Q.rf;" tJEARINGS ARE BASED ON tHE SURVEy BASELINE OF COUNTY BARN ROAD AS BEING N 00'J4'56" w. LEGAL DESCRIPTlcJN AND"SKETCH SHEET 30F 4 DESCRIP1iON: PARCEL 1,01 .", CLIENT: COLLIER COU'N1Y' TRANSPORTATION' DIVISION ' . . T,C,E, = TEMPORARY CONSTRUCTION P,O.C, = POINT OF COMMENCMENT P.O,S, = POINT OF BEGINNING R,O,W, = RIGHT-OF-WAY . . THIS LEGAL DESCRIPTION AND SKETCH PREflARED BY: ....!'\. ::::H.GNOLI .....~ :::::iDARBER &: ......(3 ...... ...... RUNDAGE,lJfc. Protesslonal engineers, planners, & land surveyors CoW... eountn Sullo 200, nod TUllUll 'l'rall, Iforth: lIapl.., n. 341011 (2lIg)~Q7-3111. lAa C.""tn gggO eooo..ut R4a4, Sullo 103: Bonllt. Sprlnp, no 34136 (Ug~4-aa~3 Ca'Ut1...lt. or .I,uth.rtuU... Ifoa, UI _ "'4 IB 3834 ru: (I3V)6Be-2.10a -LJ:;) CcjTl r--.J-:V) Ll.J G:Jfj~ OV)oq;: Q::Oa ~~(Q 0..0::' Q.-2. 8 31 05 BY: E RG W. C ~y,:,p :M. NO. 5606 SCALE:'1"'= 100',"" DATE:AUG, 22. 200-5. DRAWN By:~,~"":.PROJECT NO.: 130S1-C8R ACAD NO: 9073:::"$D701 B FILE NO: 907J, EXHIBIT -A... Page-L Of-2dl 6 B 3 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA C> ~ LEGAL DESCRIPTION (TEMPORARY CONSTRUCT/ON EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLO WS; COMMENCING A T THE NORTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2476, PAGE 2427, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE SOUTH 89'11'52" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEA VING SAID NORTHERL Y LINE SOUTH 00'34'56" EAST ALONG A LINE 17.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 867.16 FEET,' THENCE NORTH 89'38'43" EAST A DISTANCE OF 8,00 FEET; THENCE SOUTH 01'08'56" WEST A DISTANCE OF 827.66 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT OF WA Y LINE; THENCE SOUTH 00'34'56" EAST ALONG SAID EASTERL Y RIGHT OF WA Y LINE A DISTANCE OF 931.00 FEET TO AN INTERSECT/ON WITH THE NORTHERL Y RIGHT OF WA Y LINE OF RA TTLESNAKE HAMMOCK ROAD; THENCE SOUTH 89'25'22" EAST ALONG SAID NORTHERL Y RIGHT OF WA Y LINE A DISTANCE OF 10.00 FEET; THENCE LEA VING SAID NORTHERL Y RIGHT OF WA Y LINE NORTH 00'34'56" WEST ALoNG A LINE 10.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF. 931.06 FEET; THENCE NORTH 01'08'56" EAST A DISTANCE OF 837.78 FEET,' THENCE SOUTH 89'38'46" WEST A DISTANCE OF 8.31 FEET; THENCE NORTH 00'34'56" WEST ALONG A LINE 27.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 856.95 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 89'11'52" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.60 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. C""-.J C""-.J oo:::t" m '--C) ~ ~ -==:t' p::: C> "> ....!!J\ ::::H..GNOU .....!!J :::::UARBER & ......13 ...... ...... RUNDAGE,lNc. Professional engineers, planners, &: land surveyors CoWor Count,., Suito 200, UOO To.mlo.ml Troll, North, Mopl.., n lUl08 (23G)8G7-3111 Loo Count,., GGGO Cooonut Rood, Sulto 103, BonJla SPrln&", n lU138 (23G)G"'-B883 Cortltlooto or AU!lLOrl...t1011 No.. UI 36M ond Z!I 3B6~ 1u, (23G)6Il8-22D3 LEGAL DESCRIPTION AND ~KETCH SHEET 4 OF 4 THI S LEGAL DESCRIPTION AN D SKETCH PREP ARED BY: DESCRIPTION: PAR CEL., ZD1 ,",'.. _' .. '.. ",_ ". .,- - .. - '", , CLIENT: COLLIER COUNT'~r./:T-BA PORTA'Tl.ON DIVISION 8/31/05 9/09/05 BY;" :;. EaR E"W,. ..HAC, ,.~!~':'~ ~.: .~., t_ .' SCALE;; . N.T.S. . DA,TE2AUG. 22, 200Q DRA WN':SY:..-.JAtL..,'..:"PROJECT NO,: B081-CBR AcAr)" NO;.9073"':SD70112. FILE NO: 907;:2 / .P.S.M. NO. 5606 PROJECT NO: 6010r PROJECT PARCEL NOI V]OfJ A FOLIO NO. ~8a80~7 ~ <:r: t.J -J C:l c:5 a ~ a 3: f5 ~ <:r: t.J ~ I I'... cJ co h ~ fB' <:t Ct ~ C1) 0J ~ <:r: g! co -J . ;.:::i ~ ::,.. I--. lJ <:r: E: L J LEGAL DESCRIPTION AND SKETCH TEMPORARy CONSTRUCTION EASEMENT SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST (NOT A SURVEY) THE EAST 10 FEET OF LOT 456, RIVIERA GOLF ESTATES, AS RECORDED ~ IN PLAT BOOK 13, PAGES JOa-lll, OF THE " -J PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 1:: ~ ~ it ~ [X WEST PROPERTY UNE SHEET .1. OF .1. L 30'-1 =-Z 2- .. ------- LOT 456 ~<y ~\5 rv~ r3 1:('-<:' {....'<- ~~ ~ RIVIERA GOLF ESTATES UNIT 2 P.B.13, PG. 108-11 I CV") c--...J o::::i'" CV") 10' CONSTRUCTION EASEMENT LOT 455 R/W LinfL _ [EXISTING 25' DRAfNME EASEMENT (PER PLAT) ----------------- ------------------------- w.rrrs OF SUBDIVISION ~ R/W Line -- C> ~ ~ t:::L.. ~ ~ ~ 2: t::::l w:::. c::> ex:> --.J "-D ~ ~ o::::i'" R/W FOR COUNTY BARN ROAD rC.R.2.68) EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD(CR 268) 0-0 ~ c::> "-D ex:> "-D ~ C> '> R/wLine --- LEGENDI R/W . RIGHT OF' WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C,R. . COUNTY ROAD ~\American = '~ ConsUlting Engineers of Florida, LLc 4111 LandO' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 C'OL.l.IE.R COUNTY .DEPARTMENT OF 'i'RA.NsPoRT A.1TON DRAWN BYI JCM CHECKED BYI SP DRAWING DATEI OS-IS-05 SCALEI I H.30' EXHIBIT A pege..L- of..1L PBOJECT NOz GOIOI PROJECT PARCEL NOr ryLJa 13 LEGAL DESCRIPTION AND SKETCH TE1v.1PORARY CONSTRUCTION EASE:MENT (NOTA SURVEY) SECTION 17, TO"WNSHIP 50 SOUTH, RANGE 26 EAST WEST PROPERTY UNE FOLIO NA. SHEET .L OF .L L 301 ...J :.cZ~ THE EAST 10 FEET OF LOT 455. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13, PAGES lOB-I II, OF THE PUBLIC RECORDS OF ~OLLIER COUNTY FLORIDA. RIVIERA GOLF ESTATES UNIT 2 o P.B. 13, PG. 108-111 LOT 456 ~ -.; -.J UJ,lrrs OF SUBDNISION ~ LOT 455 B5 LOT 454 ~ g: [EXISTING 25' DRNNACE :t: EASEMENT (PER PLAT) h ~ <: --------------- ---------------- ------ ------------------ R/VL...Une c:: R/W L. :::c: f ne .. ~O q-o (""-....J q-o ("V"') 10' CONSTRUCTION EASEMENT 0+:: c:: ex: --.; ~ CL... tJ ~ :;:.; o~ 1::1 R/W FOR COUNTY BARN RON) (CR.268) EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN RON) fCR 268) ""1:: c::: ....0 ..--t ..--t q-o c:: '-.C '-.C c:: p:: C> LEGEND. R /W . R I GH T OF WAY LS . LAND SURVEYOR LB · LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER Cone.. CONCRETE '> R/W Line - -- -- ~\~~t~~~~:;'~cs of Flocid., LLe 4111 Lanod 0' Lakes B/I'd. Suita 210 Land 0' Lakes, FlorIda 34639 Phona: (813) 996-2800 Fax: 0(813) 996-1908 Certificate of Authorization No. 1110 Joel C. MaGoe, P.S.M. No. 6430 COLl.lER COlTNTr .DEPART.HENT OF 7'R.A..N.sPoRTA.1TON DRAWN BYI JCM CHECKED BYr SP DRAWING DATE. 08-18-05 SCALEr 1....30. EXHIBIT A Page--3-. of~ PROJECT NO: 60101 PROJECT PARCEL NO: ooaH --~ 168 3 FOLIO NO. ()~;).;). ~6 (j 06 9' SHEET ..L OF ..L L 30' J LEGAL DESCRIPTION AND SKETCH -:- Z L _ TE1v.fPORARy CONSTRUCTION EASElv1ENT (NOT A SURVEY) n . SECTION 17, TOWNSHIP 50 SOUTII, RANGE- 26 EAST WEST PROPER7Y UNE LOT 450 V'\ o S. :r. \J ~ \J \"t'\ ~ -<. C. z \"t'\ z o ~ :I:. \J :u o \J \"t'\ ~ Co z \"t'\ RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108-111 THE EAST /0 FEET OF LOT 449, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK /3, PAGES 108-11/, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, LOT 449 LOT 447 Lt'"') (""'-...J q-o m ------------------------- [EXISTING 25' DRNNME EASEMENT (PER PLAT) --- ---------------- ..t:::> <::::I O;::l -...J .~ -- """'C:J G":l ~ Q.. CONSTRUCTION' EASEMENT ...0 .".--t .".--t q-o R/W Line <:::> ~ ~ ~ t:t:: C> --- 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUN7Y BARN ROAD (CR. 268) LEGENDr RIW . RIGHT OF WAY LS . LAND SURVEYOR I R . r [eEN P.S. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD R/W FOR COUNTr BARN ROAD (CR.268) (WIDTH VARIES) _R/W Line ~~~t~[~~~e~cs of Floclda, Lle 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 8430 C'OLLlBR COVNTr .DEPARTMENT OF ~TA770N DRAWN BYr JCM CHECKED BYr SP DRAWING DATEr 08-18-05 SCALEr I ~'30' EXHIBIT A Page~ of-2.L PROJECT NOz 60101 PROJECT PARCEL NOz 7c.>~ I ]' 6. I>-'~ "1Ojr " ti ....,j........ FOliO NO. I 6G, ~ IgOOODY THE EAST 10 FEET OF LOT 429, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES 108-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. SHEET 1.. OF 1.. L 30'--l LEGAL DESCRIPTION AND SKETCH " Z L TElvIPORARy CONSTRUCTION EASE1v:1ENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES ~. amT2 ;~e P.B. 13, PG. 108-l11 .()~J(;.c./? ----- ~ -.; -.J ~ t5 ~ it ~ ~ ~ -..; --.J LOT 429 ~ t5 ~ g: ~ ~ =<:: LOT 432 LOT 428 ~ ~ P- LEGENDI RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM · PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD c - ".. . '-D" c:--.J ~ ('V') .., c c .., G '-D ..--f ..--f ~ --------------------------------- "[ EXISTING 25' DRNNME EASEMENT (PER' PLAT) ----------------- C "-l: ~ ['-. p:::: C> "> -- . . ---------- R/W Line s R/W FOR COUNTY BARN ROAD rCR.268) (WIDTH VARIES) R/W fi\\American ~ ..~ Consulting Engineers of Florida, LLC 4111 Land 0' Lakes BlVd. Suite 210 Lan dO' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. MCGee, P.S.M. No. 6430 Line - ICY CONSTRUCTION EASEMENT EAST PROPERTY UNE . & WESTERLY R/W UNE OF COUNTY BARN ROAD fCR.268) -- ----- COLi..IER. COVNrr .DEPARTMENT OF 1'RA.Ns.PoRTA.1TON DRAWN BYr JCM CHECKED BYr SP DRAWING DATEr Oa-/8-05 SCALEl I N';30' EXHIBIT A Page-LL of 7:J. ~ROJECT NO: 60101 PROJECT PARCEL NO: f-;;Or9 ~ LEGAL DESCRIPTION AND SKETCH TE:MPORARY CONSTRUCTION EASE:MENT , (NOT A SURVEY) SECTION 17, toWNSffiP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108-111 FOLIO N , (0 3 <.s bu.,. . . 7o(p~ J?::< 000 SHEET 1. OF 1. L 30'--l ~Z~ THE EAST 10 FEET OF LOT 427, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13t PAGES 108-11 It OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. , ))~JJ:..J:)] LOT 428 WEST PROPERTY UNE ~ ::j ~ ~ ::j e5 ~ 9s f5 it ~ ~ LOT 427 it 1X ~ ~ ~ ~ ------------ ------------------- [EXISTING 25' DRNNI{;E EASEMENT (PER PLATJ ----------------~ ----------- LOT 426 <: ::;. r-- C"'.J oo::!'" m -- o.J C o -- R/W Line ~ P-. .., c; '-D ....-I ....-I oo::!'" ';> 8 ~ R/W FOR COUNTY BARN ROAD rC.R.268) IW . /0' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD rC.R.268J c: '-.J '-.J c..... ~ c::> R/W ~tAmerican ~ "I(~ ConSulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. MCGee, P.S.M. No. 6430 Une- LEGEND, RIW . RIGHT OF WAY LS · LAND SURVEYOR LB · LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSY . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD -- ---.::::;-- ~ COL.lJER COlJNTy lJEpA.RTHENr OF 1"RA.N.s.PoJ:?A..170N DRAWN By, JCM CHECKED BY, SP DRAWING DATEr 08-18-05 SCAlEz I H'30' EXHIBIT A page...La- of '7 d- . PROJECT NO: 60101 PROJECT PARCEL NO: 7 ()d. N 4.6B 3 FOLIO NO. 65~1 (Pooo SHEET .L OF L L 30'---l LEGAL DESCRIPTION AND SKETCH = Z ~ . TEMPORARY CONSTRUCTION EASE11ENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTII, RANGE 26 EAST RIVlERA GOLF ESTATES UNIT 1 P.B. 12, PG. 110-111 THE EAST 10 FEET OF LOT 365, RIVIERA GOLF ESTATES, UNIT ONE, AS RECORDED IN PLAT BOOK 12. PAGES 110-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE L PROPERTY liNE LOT 425 ~ ::j ~ f;j & a: ~I ~ <;) [EXISTING 2.5' DRAlNME J EASEMENT (PER PLAT) - --------------~---- ~ ::j i::: ~ g,j a: ~ &l LOT 365 EE ~~ ~~ ~O 5{;(1 ~ ------------------------------- c: :::c co ("o.,J o::::::tt m c..? 0... / H::::: c:: ClC -...: R/W Line """0 . C':l ...0 T""""I T""""I o::::::tt ">. 8 '. R/W FOR COUNTY BMN ROAD (CR.268) S) I(), CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BMN ROAD (CR. 2.68) c:: <...s::: <...s::: ~ ~ C> R/W "\l.American = ~r:a: Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Fior/da- 34639 Phone: (813) 996-2800 Fax: (B13) 996-190B Certificate of Authorization No. 7110 Joel C, McGee, P.S.M. NiJ. 6430 Une- LEGENDr R/W . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD -- --: ::: COUIER COUNTY J)EPA.RTMENT OF T1lA.Ns.Poi?TA. rrON DRAWN BYI JCM CHECKED BYI SP DRAWING DATEI 08-18-05 SCALEI 1-'30' EXHIBIT A pagelL. ot1d- PFOJECT NO: 60101 PROJECT PARCEL NO: 70d. 0 LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASE1v1ENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P.B. 12, PG. 110-111 SHEET 1... OF 1... I 30'-.J '-Z~ THE EAST 10 FEET OF LOT 343, RIVIERA GOLF ESTATES, UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 110-11/, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSElLLE DRIVE L PROPERTY UNE f5 ~~ ~g ~2 u ~ :j ~ [;j ~ 1ft :t: /8 lij. ~ --.; -.I LOT 343 ~ ~ ~ it i!: f5 ~ LOT 342 '--> c:::r-. C""-.J -=::t'" ("V") ~ 0.... ...0 ~ ~ -=::t'" 0::: c::> '-> S [EXISTING 2.5' DRAlNME EASEMENT (PER PLAT) ----------- ----------------- ----------------- o-c Q R/W FOR COUNTY BARN ROM (CR. 2.68) {WiDTH VARIES} <:::> ...0 ...0 ICY CONSTRUCTION EASEMENT Ln EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROM (CR. 2.68) R/W ~American ''A: ConsUrting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. MCGee, P.S.M. No. 6430 Une- LEGENDI I . LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD -- -=--- :::: COLl..lER COUNrr .DEPARTMENT OF 7'R.A.NsPoeTAT1'ON DRAWN BYr JCM CHECKED BYr SP DRAWING DATEr 08-18-05 SCALEr I N'30' EXHIBIT A Page J.:L of.2d.... PR{)JECT NO: 60101 SHEET 1. OF 1. PROJECT PARCEL NO: ~ OS \0 I 30' I LEGAL DESCRIPTION AND SKETCH Z ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RNIERA GOLF ESTATES UNIT 1 P.B. 12, PG. 110-111 10lj FOLIO' NO. oS 7(J~Y6C50S" .~ .,,; .u..__ ._'._.~_ ~.. .... THE EAST 10 FEET OF lOT 342, RIVIERA GOLF ESTATES, UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 110-1 I I, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARsEILLE DRIVE / L WEST PROPERTY UNE LOT 343 g; ~ ~ S5 ~ ~ ~ rr, LOT 342 ~ ~ :t "'tJ :u o "'tJ f11 ~ LOT 341 -~----------~---------- [EXISTING 25' DRNNNJE EASEMENT (PER PLAn ---- ------------------ r- ~ ~ c: :::c --- ---------------- ~ c:: 0: c::> CV"') c:::::t<' CV"') - ~ ~ o--c c;: '-.D ~ ~ c:::::t<' 0::: c::> COUNTY BARN ROAD (C.R. 268) R/W FOR COUNTY BMN RO.AD (CR. 268) (WIDTH VARIES) /0' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BMN RO.AD (CR. 268) c:: 'l....C '-.C 0' ~. ~ LEGENDr ~\~22t~[~~~2" of Flocld,. LLG 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 R/W Une - . LS · LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR B MAPPER C.R. . COUNTY ROAD COl.l.IER COUNTY DEPA.RTMENT OF TRA..NsPoRTA. TlON DRAWN BYr JCM CHECKED BYr SP DRAWING DATE: 08-18-05 SCALEr J H.30' EXH'BIT ~ page.J.S:.. of..:1L 'Ci~ / ~ ~""}' EXHIBIT A - Page_ t ilL of 7 J -:<q 16B 3 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ ci a:: >.. -.J ~ V) !2 ~ ~ ;...,,~ ~ Nco 8 ~ ~ U) Q::;: x ;:1 d lLj 2 Q:;~ 3.1 I ~o G ~~a: ~'I ~g I<) <:_ I-- :::::i........ 31 8 I , ,," :::' '~;.i'." i~;:,;; 'I;': :'~""" ' LEGAL DESCRIPTIOJ}\lgA'tJ,q~~'l('~6:M"'$HEET..,1 OF 2 DESCRIPTiON: PARCEL :7~'~~,,<(r~\ \. , ~I ,,:'.>.,'" "" . . - r.... { .,. . \ . .: .',.-. , CLIENT: COLLIER Cd\=!~ :.T~AN.sP9.RJ ~ ndN~ DIVI~Slo.N. BY: . '. .;: \~;',,~'" <~.-: :';"'. ~: ,:--', ~ ,.' , , " GE.O. GE ,w, ,HA.CKt-{E'C/ ,.S.M.. NO. 5606 'SCALE: .,H,.,.,;:.-10Q'.....6ATE:AUG. 31, 20Q.Q. :DRAWN BY:~.' . PROJECT NO,: B081-CB8. ACAD NO:.8073-SD70a 'FILE NO: ,. .907~ PARCEL NO. JOB . PROPERTY OWNER: ..QEAUVJLLE LAKE CLUB REFERENCE: b.R, 1523. PG, 2149 AREA OF TAKE: -1..575 SQ, FT, :l: "'=1- a 0) a ~a + <: t-") ~ :::::i(!i 80.. tr) 8]0) -r-...;: -Jt-") ~ (,)a:: c:5 ~ C\l .....--f '- m ~ ~ :::::i- m ..... C) ~I Cl::lt 0... ~~~ '-D ~(!i~ .....--f .....--f Qo..~ ~ cS t-")" g: P::: .~_. C> ~cq '---p Ll:]1l. ~ B2 f- oIjdj Lu~ ~(rj ~lli ~~ ICl- in~ I I "I;:) ~~I ...J I I I - - -.-;~ ' 8 1<)1 + f.- a 3 l[) ~ ~l ~ 31 --- CHARLEMAGNE BLVD, --- TEMPORARY CONSTRUCTION EASEMENT (DURATtON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTI", ~I a f.<- ~ 31 .q. I T,C.E. == TEMPORARY CONSTRUCTION EASEMENT P.O,C. == POINT OF COMMENCMENT P.O,8. == POINT OF 8EGINNING R.O.W. == RIGHT-OF"':"WAY . . . ~ THIS LEGAL DESCRIPTION AND SKETCH PRt:PARED BY: ....~ ' ::::c\'CiN6LI .....13 ..... ..... AR8ER & ......93 ...... ...... RUNDAG:E,l'Irc. ProfessIonal englneers, planners, & land SUl"Veyors Co11J... C<lunt.:f: Sullo 200, 7400 TUnlomt.1'ral1, Northl NopI.., J'!. OUl~ (2~g)~g7-~111 Loo count,y: gggO Cooonut Rood, Sullo. 10~1 lIonllt, Bp~. rl. OUI~ (23g)V<<-~553 CorUtloalo ot J,,,u,or'i.u.Uon N... UI ~ and. .Ii! 85<< lUl (Ug~-UO! u o 0.: I +32.80 I 50.00'R :t ~ C3 (rj t;3 >.. ~ ~ V) ~ f5 d . 0:::> ,-C i..Jj- :::::i(!i ~o.. 0::: ~ i..JjtO Q::C\l LlJ. . ~ Cl:l au o ~ ~.~ N~ O ~ G CI) S 89'04'26" E: 40.01' ~ "h ~<: ~~ ~~ 'b:l >..":<t ~ ~Uj 0, Q~ .... 6~ ~ 0:::;:) . ~ ~Cl },.. ~<: N V)" 0 ;>< 0 lLj V) Lu ~ -J ~ 8J a.. a g: C> ~ ~ D::: a o.J::::- <: <:::> ex> -...J t-c:J c::. <:::> '-D ~ -...J b a cS "t-. ~O) ....J'<:} d- C\l Lw, ::X:;Cj '"'Co.. -J i..Jj ~" :::Jl() ~- ;:), 150:; QO cx:i o 0.: LINE: TABlE lD:1.GIii. E E:A R I NtZ 75.00' S 00'27'15" E 21.00' N 89'32'45" r 75.00' N 00'27'15" W 21,00' S 89'32'45" W .L11:1r L1 L2 LJ L4 PARCEL 708 PROPOSED T.e.t. (1,575 SQ. FT. :1:) ~ PARCEL 808 I PROPOSED DRAINAGE AND UTILITY EASEMENT I EXHIB1T_ f\ , Page-a of...:iL 't, 168 ""-l 'l .,.;; 'j SECT/ON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MOF?E PART/CULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWESTERLY CORNER_ OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R,O,W.); THENCE SOUTH 89'04'26" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL A DISTANCE OF 40,01 FEET; THENCE LEA VING SAID NORTHERLY LINE SOUTH 00'27'15" EAST A DISTANCE OF 497.28 FEET To THE POINT OF BEGINNING OF THE PARCEL HEREIN'DESCRIBED; THENCE CONTINUING SOUTH 00'27'1'5" EAST ALONG A LINE 40,00 FEET EASTERL Y FROM AND PARALLEL W7TH SAID RIGHT OF' WA Y LINE A DISTANCE OF' 75,00 FEET; THENCE NORTH 89'32'45" EAST A DISTANCE OF' 21.00 FEn; THENCt NORTH 00'27'15" WEST ALONG A LINt '61,00 F'En EASTERL Y FROM AND PARALLEL W7TH SAID RIGHT OF 'WA Y LINE A DISTANCE OF 75,00 F'En; THENCE SOUTH 89'32'45" WEST A DISTANCE OF' 21.00 F'EET To THE POINT OF' BEGINNING OF' THE PARCEL HEREIN DESCRIBED; '~ C".....:J CV"'> -=:::t'" CV"'> . . ~ p..... 'I..D ~ ~ -=:::t'" . . p::: C> ~ " CONTAINING 1,575 SQUARE F'EET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICT/ONS, OF RECORD,' ABSTRACT NOT REVIEWED. C) :::0 o+:=:a c::> 00 -..:J """C::I G"') TEMPORARY ' CONSTRUCTION EASEMENT '(DURATlON: 3 YEARS FROM . COMMENCEMENT OF'CONSTRUCTION; c::> "-D <..0 00 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ,,'t1 \ 'ii ft,"r.. . ,;,,\'.\\: I,' ,1 ">'" , ., LEGAL DESCRIPTIQN::~:A):N.P~,~$k'EJ'GJ.if."'..sHt:ET '2 OF 2 DESCRIPTION: PARCEL. }~~~'oo"",(\ \l~ I V"if ;,.\, rI" -... , , ~ ... .~1:..... . :'\R. ..., .': ii,. CLIENT: COLLIER COUNTY ]8,f,iNSPoRTATJ,ON:, D1VlsION" . . .r,'7&. ~ J....' . :." ~~~.~'~';ff'~~' r:~,~? ; BY' _:~_) ," {", "rGt9RGE';0;:,H"\C.}~'NE,;'(,~::,::fi;S.M, NO. 5606 ::, '(',I..lI :~. ~... ':_"~\~,/ . ~ ".': .' SCALE;:'<:::'" ';':,:NiY,~;,' :':':PATE\6UG,'3l. '.200Q, DRAWN~~~Y(:J~J.AN~,:':': PROJECT Nb,~:.B081-CB8. ACAD','NCi't@'07'.)::::SD7bli .. -- FILE NO: 907.'3. ....~ .... .... GNCU .....93 ...... ..... AnBER & ......{) ...... , ...... RUNDAGE,llIo. Protesslonal engineers, Illanners, &. land surveyors Colll., COlUll" SullA 200. 7~0 T""'I""'I Trill, lIorth; lIapl.., r't. ll'lO~ (2~;)a;7-~11l Lea Counlr, ;;;0 Cooonul Road, liulle 10~: SOnlla 8prInJl, I"L ~'l~a (2~;)H"-~~~~ C.rtlt1oalA of J.uu.oriuUon 1101, III ~~~, and tB ~~~~ . Fu. (2~;)IIll"-22a~ EXHIBIT A Page_/g'-. of 7~ 6,'''. lj,1", 'l'. ~r ,~ 3 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. ~08 PROPERTY OWNER: .Q..EAUVlLLE LAKE CLUB REFERENCE: ...Q..R. 1523. PG. 2149 AREA OF TAKE: -1.,.300 SQ. FT. :l: ~ ~ N~ O ~ (5 en --- ) CHARLEMAGNE BLVD. ---O;:n21 o 0) + -.J '+ ~ I l ~ I ~~II PERPETUAL. NON-EXCLUSJVE --;;n DRAINAGe AND UTJLITY EASEMENT ~ I I S I C\j f-. ~ cY'") ::::i- cY'") - ~ ~I cY'") CCl~ ~ ~ ~ z:<!l A... f20f-. \..D Qo..~ ~ ~ c5~"~ ~ <!l- 10::: ~o:i 0.: C> ~ "--? 0:: - - I'-. o ~I f- o _" ;<: +99.56 + 5 "'J LiJ 90.00'R ~ -.JLj lLJ;:E - Cj~ :<C ,v, "'I .1 ~~ ;1 I1lE -~ ijg ~I / :.... 811 ~~ !M !~ ~ ~I I S I I Q -Wd - O::~ l~d I I ~ 0:: o ~ I I ~~ ~S ~'-' ~ I r8 v- PARCEL 708 /f PROPOSED T.C.E. +59,56 90.00'R N 89'32'45" E 5.00' lLJf- Cl G aJ---.. c:i CCl~aJ-H ~ C)-V5f-,: CClQ?:"l:lJ.. =:: lLJ ,...J Cl LJ . t, b~63f:&r R r." O::~~C) N N ~Q:::>g 8 8 0.: 0 Cl _' <: Cr) g: <: '-' '<( S 89'32'45" W 5.00' P,O.B, c: :::::c: :S:;' ~O) c::i ~ d- e:: C\j )... ~0 ~ -q::a.. ~ -l <n b Lu 1'<)" l5 C) -l~ Cj c:i ~- ~ "i- ~ :::'0: ~ t5 luGS tri ~. Cl QO ~ ~ f- li) [j :q: aJ =:: V5 @5~ ~ ~ )..:' Vj ,- >-- :<C "- ~ ~ LJ N ~ Cl ~ 8 tr) d~ <: 0:: :::> ' Cj <:~ F::::'<( ~ G5 c..5 c5 0..: S 89'11'52" E 40,01' 0+::: c:: 0: - ~ G:: c:: o..c "-C: "-C: T.C.E. = TEMPORARY CONSTRUCTION EASEMENT I p,O.C. ==:: POINT OF COMMENCMENT P.O,B. ==:: POINT OF BEGINNING R.o.W. ::::: RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: ....M :=:=tlGNOIJ .....13 ..... ..... ~BER & ......R ...... ...... UNDAGE,l!lc. ProCessional engineers, planners, & land surveyors CoWer eount;r. Ilull. 200, 74.lJO TUXl.!UXl.! TrLII. lfol"ll11 If.pl.... :n. lUIOl1 (2:lg)~g7-~111 Lo. COllnt;r. gggO Cooontlt Ro.d, Ilull. lC~l BOl1lt.. Ilpl'inp, :n. lUlU (23g)~_~~~3 Corll.aool. or .l.UthorUo.t1on No,. ill 36lU Olld XlI ~~~ J'u. (2~g)6&G-22C3 MHC-NAPLES ESTA TES LIMITED PARTNERSHIP O.R. 2476" PG, 2427 ".. '~,' "'~:_<~ 'l'~';'~ \~(; ~.~', :,:, ~ ..: ~..< ."::,<,,=, LEGAL DES~R.IP'J,I.QN';'AbJD::SKETCW:.SHEET 1 OF 2 DESCRIPTION: P,t,.;~eEL'SO,8:~ ,:.',,>,.:., . .... _ .,'. CLIENT: COLLIER' COUNTY ~TR:t\NSP:ORTAJ10N:: DtVISfON ' ~ . ~. '"' ...~J, . . ",> .' ": , I . BY: GEO. g:'",;.,HAcKN ,P.S.M. 'NO. 5606 .T):. -, '_>-'. . SCAU::~~"l~!;"'= 10.Q: DATE:~UG: 31, 20<& DRAWN. BYi--.:.lAJi ,PRO~ECT "NO.:BOB1-C8R ACAD: NO:'lli)73:"'SDB@ FILE NO:--90n EXHIBIT A Page-11_ of_ 7~_ 168 3 SECTION 17, TOWNSHIP 50. SOUTH, RANGE 26 EAST COLLIER COUNT'( FLORIDA LEGAL DESCRIPTION (DRAINAGE: AND UTILITY EASEMENT) A PARCEL OF LAND L'rING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 E:AST,. COLL/E:R COUNTY, FLORIDA, SE:ING MORE: PARTICULARLY OESCRISEO AS FOLLO WS; COMMENCING AT THE: SOUmWESTmLY CORNE:R OF THAT PARCE:L OE:SCRISED IN OFFICIAL RE:COROS SOOK 1523, PAGE 2149, PUSLlC. RE:COROS OF COLL/ER COUNTY, FLORIDA, SAID CORNE:R LYING ON THE EASTmL Y RIGHT OF WA Y LINE: OF COUNTY SARN ROAD (100' R.a,w.); THE:NCE: SOUTH 89'11'52" E:AST ALONG THE SOU TH WE:STE:RL Y LINE: OF SAID P ARCE:L A DISTANCE OF 40,01 FE:ET; THENCE LEA VING SAID SOUTHWESTERLY LINE NORTH 00'2.7'15" WEST A DISTANCE OF 505,4.4 FEET TO THE POINT OF SEGINNING OF THE PARCE:L HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'27'15" WEST A DISTANCE OF 260,00 FEET; THENCE NORTH 89'32'45// EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'27'15" EAST A DISTANCE OF 260.00 FEET; mENCE SOUTH 8932'45" WEST A DISTANCE OF 5,00 FEET TO mE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAIN/NG 1,300 SQUARE FEET OF LAND MORE: OR LESS; SUBJECT TO E:ASE:MENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. < .. .,.. 00::::1"" CV'") 00::::1"" CV'") ... c c ~ P-o ..., G ...0 ~ '~ 00::::1"" IP::: c::> PERPETUAL, NON-EXCLUSIVE DRAJNAGE AND UTILITY EASEMENT to- e e e THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: , . "..v.."..,..v.......:~'c~':.. <~: ....:.: C:':-.,~ '., LEGAL D~S;Q:Rj'P~};1f;:~s'1sMb~rsk'ETci8>-SHEET 2 OF 2 DESCR1PT10N,:.'C~'~RCfW~..o.S':~'(~". \ , , _,:: __ CLIENT: COGl/ER~..COUNTY JR. ' SPQJtI'A~TI:ON =DIYISION' ~ '.":. '" '. -, I . - .! . t . ' BY: ~~ ,'. . 'GE 5606 '." .... SCAT.E: N.T.S. ' 'DATE: AUG. 31. 20012. DRA WN 'BY: ---.:1At1. PROJECT NO.: E081-CBR ACAD NO:~73-SD80Ji FILE NO: 9073 ....M ::::tlGNOLI .....13 ..... ..... ~BER & ......13 ...... ...... RUNDAGE.~o. Professional engineers. planners, & land surveyors (JoWor countn Bulla 200, 7.({]0 Tunlam.( TroJl, Nortl11 Nlplo" J'L lUIOD (28;)5n-8111 ,Lo. Count,., 0;;0 COOOllUt RaId, Bulla 103: llonll4 SPrint" l'L lUI85 (230)0ia-D563 COrUIl",tA ot J.Ut!l.onuUon NOI. Ul 86a{ All.d Ell 866(. Jl'UI (28;)~6-2203 EXHIBIT A Page-2 () _ of 7~ 168 3' stCT/ON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST . COLLIER COUNTY, FLORIDA PARCEL NO.. 112 PROPERTY QWNER: , WOODMERE RAQUET CLUB AEFERENCE: O.R, 26, PG. 108 AREA OF TAKE: 0,19 ACRES :!: r<') I- "- 0 es ~ 0 + m:?:C!i CD U') Gj~ Cl~a.. f5. ~~~ >-U"t- U~C\j :?: n:: ~ ci 0 0 + ~ U') CYNTHiA LANE U"'") m oo:::::t" cv') ~ p... "t- ~ [::~ ...--i ...--i :;::::r<') oo:::::t" ~C!i 8 a.. 0 P::: 0 \.() . + C) N 850') lfl --, -r-..., ::Jr<') 0 un:: c:i Cl d , rv '""" -:5: :?:' ,0::0 ~n:: 'a [::0 ~c 18 , I I I I- ~CJ kJ~ - -g-I ~.~ + ~L5 LOT JJ9 ~ I I ~ i:: RIVIERA GOLD ESTAr,~S I lln~ UNIT ONE "'l:::J PB 12, PG 110-111 H) /TRACT IIGII /' /' LoT 340 I P.O;C. == POINT OF COMMENCMENT P,O.B, == POINT OF BEGINNING R.O:W, == RIGHT-OP-WAY THIS LEGAL OESCRIPTION AND SKETCH PREPARED BY: "....~ .... ....... GNOLI .....!::) :::::UARBEl< & ......13 ...... ...... RUNDAGE,lltc, PrOfesslol'lal engineers, planners, &. land surveyors CoIU.r CO\1l1I,.; Sult4 200, 7{00 Tunlunj TraJJ. 1I0rlh; lI'pl.., n. 3{10~ (23P)eQ7-3111 L.. CO\1l1Ir. pgPO Coo.nul RO'd, Sullo 103; Bonlla Spl'lnlf, n. 3{!33 {23P)P{,l-3333 Cer'UIlo.la ot .l.ulhorluUon 110', III 33~ U1d tB 33H 7Ul (23g)3~-2203 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -oF-WA,Y, .DRAINAGE ,AHt;) UTrUTY EAsEMENT I -L WHITAKER ROAD l- I +5,80 50.00 R ~ a Vi "'C co >- ~ ~ (I) 10") ,... ~ 8't ri ~l.;J , '" s ;"l' "" . a = l.-).:t d '~"6 ct ~ (J) ~ 0 <: r:::: <:: Cf) X Uj PARCEL 712 PROPOSED T..C.E., :3:: . - 1J)t!) .- ri ",,- I'lt!) 8~ <: PARCEL 112 , 'PROPOSED f:?OADWA 1, DRAINAGE AND UTILITY EASEMENT (0.19 ACRES :1:) +32.8Q 5D. 00 'R N 89'04'26".W 35.01 DEAUVILLE LAKE CLUB O.R. 1523, PG. 2149 l::J..QIf;" BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN. R,01:~"~~?:~[IN.G N 00'27'15" W. . .:< ~~, . "l.: { '.. . LEGAL. DESCRr~il'O;bl-,.'rt\N,O~:sk'E.TCH SHEET 1 OF 2 DESC~IPTION: p AJ~~:~L:/~~:Y2" -. <~~,'" CLJENT: . COLLIER; CO\,JN-TY TR1,IN !?ORl'A TION ISION . ~" , ,"'It _. t...:".:; :"~". R'E '-8'~/~. '~:';;', . . ~ -', EO G"W,;'HA8kNE, P.S;M, NO. 5606 . .~ 'l.- I \ w" '" . SCAii::..~" '1",. ''::': :,1.06'" DATE: AUG. 31. 200~ . . DRAWN BY:'~ PROJECT NQ,:.8081-C8R '\A:CAD NO:9073-SD112!1 FILE NO:~ 907.':\ EXHIBIT ,,'Il Page d I ,of 7) ~5~. .!('"\', Q{j ."'C~ '" .5 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA, LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT)" '-D m c::::t"" m 'A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 2~ EAST, COLLiER COUNTY, FLORIDA BE:lNG MORE PARTICULARL Y DESCRIBE:D AS FOLLOWS; BEGINNING A T THE SOUTHWESTE:RL Y CORNER OF THE WOOOMERE RACQun CLUB AS SHOWN IN CONDOMINIUM BOOK 26 PAGE 108 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; , THENcE NORTH 00'27'15", WEST ALONG THE EASTE:RL Y RIGHT OF WA Y LINE OF COUN TY BARN ROAD; (100' R, 0, W.) A DISTANCE OF 473,00 FEET; THENCE LEA VING SAID RIGH T OF WAY LINE SOUTH 04 '40'43" E:AST A DISTANCE OF 475,13 FEU TO AN INTERSECTION WITH THE SOUTHE:RL Y LINE OF' SAID WOODME:RE RACQUE:T CLUB; " THENCE NORTH 89'04'26" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 35,01 F'En TO AN INTERSECTION WITH SAID RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF' THE, PARCEL HERE:lN DESCRIBED; CONTAiNING 0.19 ACRts OF LAND MORE; OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF' RECORD; ABSTRACT NOT REVIEWED. C> :::cJ 0+=- ~ 00 --..J ~ ~ t'-l::::J G"") '-D ..,-t ..,-t c::::t"" ......... <::.:::l ~ r-...;l 0::: C> PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -OF-w.\Y; DRAINAGE, , ' N<<J lfOUTYEASEMeNT , " THIS LEGAL DESCRIPTION AND SKtTCH J=lREPARt:D BY: ."r f '\ 'j :. . j ...., ~ i " f ", LEGAL DESCRJ~'~&N':'.4:N$9i1~~1CH SHEtT 2 OF 2 DESCRIPTION' PARGEt: .11"2', I' '''__: /-"', ". ' . ,.' "'" ,0 (. ':, ,..{', '., ',. CLlENT:COLLlE~;"COUN.,TY TRA~P ,:,RT~ TlOt'J DIVISION . - 'J ...., . .1..., ...... . ". BY';' \;::: ",. :=-;-: ':< i .'~.'~' t .R ' ',W~\HAC}~NEY, p, .M, NO. 51506 . ":.'" ..' 1:. . :.~ ~'. ":' SCALE:'" '-".'N',i':s". DATE: AUG. 31, 20Q~ DRA'NN BY:-..dAtl PROJECT NO,:B081-C8.E. ACAD NO:.9073-:-SD112R FILE NO: ' 90D. ..".!'\. ::::RGNOIJ .....13 ..... ....... .. :A.RBER & ......13 ...... ...... RUNDAGE,llI'c. ProfessJonal engineers, planners, &: land surveyors CoW" count..r. Ilult.. 200. 7~0 Tt.mJounl Tun, 1Iortlll N.pl.., Ji. lHl~ (23g)ftg7_8 [[ 1 IA. Co=t..r. ..gO C_Dol ll<>.~, Ilull.o 108: BOnllA llprlnp, no lHIM (28.)~-elft8 CortltlO&l.o or A.11ll1oriI&UOD 110.. UI ~ &D.~ n 8ftlH 1u: (Ugj6ee-u03 EXHIBIT A Page_d;(... of / ~ SECTION 17) TOWNSHIP 50 SOUTH) RANGE 26 EAST COLLIER COUNTY] FLORIDA T.C.E, == TEMPORARY CONSTRUCTION ,t;:ASEMENT P.O.C. ~ POINT OF COMMENCMENT.- . NOTr~ BEARINGS AR~:8~$tp'ON THE SURVEY BASELINE P.O.B. ~ POINT OF BEGINNING OF COUNTY-BARN::SO'A'o i1S($,E)!J~ N 00'27'15" It R. O. W. ~ RI GH T - OF - WAY LEGAL DESC.~'ip.il9~r.XN6;::it~E'JCHSll EET 1 OF 2 1HIS LEGAL DESCRIPTION ANa SKETCH PREPARED BY, DESCRIPTION: PARGt_~.,ii2 . :':. '. _ CLIENT: CQLLIER CO.UNTY. TRP{iJSPOR1WnON DIVISION ~ - "':1 .... '. .~- '(:"',1'. .~ I -:..: ,: .' .. -'&;;'" ~~;~- .'.. ,G 6 ''''\W.,''HAC'l~NEY, 'p :M. NO, 5606 >.. . -". ~ . ~ .. ~ . ',,- ..' . . SCAl~: , 1" ,~,' i.oct DATE:'.6UG. ""31, 20QQ DRAWN 'SY:~ PROJECT NO,:.B081-C~B. ACAD, NO:.9,Q73-SD?12. FILE NO: .2.W PARCEL NO. 712 PROPERTY OWNER: l!QOr.>~E~E R~9,U,ET CLYS REFERENCE: C,B. 26, PG, 108 AREA OF TAKE:' 404: SQ. Fr. :l: '"' . " l't'} i- - 0 f5 ~ ~ Cl:l <: . ~ [jj'<(Cj Cl~a.. _'-0 ~ CO~ "'O'",'l't'} U~ >-"'C"l () <: ~ .~ d o. o + .q- It) CYNTHIA LANE -l I ~ c;j Vi Cii )... Q ~ d ~ Q::3? ~d ~Q2 ~8 SC o () c-- m c:::t" m ~ ~ ~ ~~ <:l't'} ::':>(1 8 a.. tr)' [50) -f'.... ....JI'<) c5 Ua:: d o o + N It), '-.D ~ ~ c:::t" ~ I .1 f- .. 1 ~'aJ . . l<J ::E '.-~-I ~~" + <:~ o -...., . , . LOT33Q It) 1:1:~ ~ . RIVIERA GOLD ESTA/'1TE:1 lloi::! UNIT ONE "';:) PB 12, PG 110-111 ~ /TRACT JlGJI / . / LOr 340 I ....!,\ ::::C\.GNOU .....![) :::::iDARBER & ......13 ' , ...... ...... RUNDAGE,llIc, Protesslonal englnee'rs, planners, &: land'su.rveyors Colll.. C,olUllll Sullo 200, 7~0 Ta,b1,la,m1 Trr.,ll. Horthl Hopi.., TL HI03 (23g)5g7-Ull lA. OOlUlln gggO Cooonlll Roo4,. Bullo 103: . a.nlt.. BprLn,t, n. 3'1=5 (2=g)U3-a003 C.rtJ,tl.ot.o or .llllhortl.OUon Ifo,. \.II =00,' ....4 I:lI 3.00' . ,''',, (23g)~5-22Q3 ,. '/' TEMPORARY CONSTRUCTION EASEMENT , (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) r -L WHITAKER ROAD l- I s. s: c:i ct: )... [, -.J ~ I V) L5 <::J <: J::: V) >< LW ~ 8 ~ ~: ~~ ~ ::.:> tSC() i-O LlJ- ::':>(1 O'C( ~ ~ LlJCO 0::C\l lJ.J. ~cq QU o ~ . . Il)- ...10 t-..R NIO 8C\/ ~ ~ G' c :::;:.: ~ C o PARCEL 112 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT t- C <: u +04.31 72.27'R 7.73' PARCEL 712 PROPOSED T. C. E, (404 SQ. FT.:t) , N 04'40'43" W 104.95' S 00'27'15" ~ 104,48' +99.65 80.00 R P,O.E;. N 04'40'4.3" W 67.87' S 89'04'26" ~ .35.01' DEAUVILLE LAKE CLUB O.R. 1523/ PG, 2149 EXHIBIT A Page_J'S of Ic2. "~I' E~ 3 S[CTlON 17, TOWNSHIP 50 SOUTH, RANG[ 26 EAST COLLIER COUNT~ FLORIDA LEGAL OESCRIPT/ON (TE:MPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 90 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y t;JESCRIBm AS FOLLO WS; COMMENCING AT THE NORTHWE'STE'RL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER CO(JNTY, FLORIDA, SAIt;J CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY ~ARN ROAD (100' R.O.W.); THENCE SOUTH 89'04'26" EAST ALONG THE NQRTHWESTERL Y LINE OF SAID PARCEL A DISTANCE OF ~5,01 FEET; THENCE LEAVING SAID NORT}.fWESTERL,.Y LINE NORTH 94'40'43" WEST A OISTANCE QF 67.87 FEET TO THE POINT OF B~GINNING OF THE PARCEL HEREIN OrSCR/BED; THENCE CONTINUING NORTH 04'40'4~" WEST A DISTANCE OF 104.95 FEET; THENCE SOl./TH 89'04'26" EAST A DISTANCE OF 7. 7~ FEET; THENCE S01,JTH 00'27'15" EAST A DISTANCE OF 104.48 FEET TO THE POINT OF BEGINNING QF THE PARCEL HEREIN DESCRISED; CONTAINING 404' SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORO; ABSTRACT NOT REVIEWED. c ~ C) P-. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION, w: e o 00 C""") ~ C""") .., G . ....0 .......... .......... o::::t' l- e c w: p:::; ,C> 'C' . ~ 'I; \ '. I \' 1 \ , ~ , , I ",~ "' ../.... <:<~~' \~.~:."~l:~ :~:':;~';~;>'" '. "', , ,. LEGAL DESCRlR,llQfJWAtslGi:SK~TCH:"SHEET 2 OF 2 ~ . "'. ',. , ..,).." . . ... DESCRIPT10N::'PA.R~e~:~l2 ' '{f. '\ ,.;::::.:; c,' CLlEN T:.cbLLlER~ ,,:CO 9 ~7:l\-~.TR~~S~~R Tt-J;1P~ DIVISION ~~,~~'~~~~~~;~:~.;.,:~<-ij, P.S.M. NO. 5606 " SG)\,CE:' .,'.... ~{T,'~ DATE:.6);JQ, 31. 4QQ~ .,;8,RAWN' BY:-J,.6ti PROJECT NO.: BR~1-9~13. ACAD NO;~07~-"S.o712 FILE NQ: 9Q7,~ THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....l\ .... .... GNOIJ .....E ::::: AABER & ......13 ...... ....... RUNDAGE,lIfO, Professional engl.neera, plan,nera. & l.e.l;ld survayora com... eo""\;r1 IIulto 200, 7/000 T"fUI"fUI Trall, Horilil HopI.., n iW1Dl1 (23;JO;7-1111 l.40 c.""l.1t ;ggo ~.."t Iloa4. Bu,llo 10~1 BoD,lto. ~. n iWl~ ll~;)~-aaa~ q...tln~lo ot J.U(hoAu,U." No.. LlI ~ .,,4 J:ll ~oa+ lUl l~lI)ooG-220~ EXHIBIT-L Pa~ ;)4 of_ 7c2 peR~ NON-exClUSIVe ROAD RfGHT~ooWA.Y, DRAiNAGE AND unUTY EASEMENT , ...Al... PROJECT NOI 60101 PROJECT PARCEL NOr IJ3A f;'4\American "Aloonsu,t,ng 'EngIneers of Florida, LLC -t111 Lend 0' L.kes Blvd. SUII. 210 Lend 0' Lak.., Florid. 34639 Phone: (813) 996-2800 Fex: (813) 996-1908 C:.rt!floele of A U!horlzet!on No, 7110 ---., c::s--. m ~ m I I t..!) J I p..., / , \..D I ~ ~ I ~ I I I I!:X: I I C> I I I ---, / I I /2'-+1 2I:J' RIW RIW U"" SHE:ET J.. Of'" J.. ~ '" ~~ L ---- LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA J,ECENOL RIl! . RICHT Of' WAY LS . LANO SURVEYOR L8 . L ICENSEO BuSINESS P.B. . PUT !lOa( POc I PAC[ PSI.I . PROF'ESSIOIIAI. SURVEYOR ll.lAP1>i;R C.R, . COUHTY ROAl) O. R. . OF'F Ie, AI. RtCORO LEOAl., OESCRI PTI 011 . PARCEL I/O. I J ~A THE EAST 27 FEET OF' TNE FOLLOWINC Di:SCRr8ED PR~RTYI - , THE /IORTH 1/2, Of' THE SOUTH 1/2, Of' THE HII I/~, OF' THE H'III/~. OF' S<:CT!OII'IT. TOIHSHIP SO SOUTH, /U.IfG!: 26 EAST, COLLIER COUNTY, FLORIDA, LESS AHD EXCEPT/I/O THE IIEST lOBS FEET THERtFOf', AIIO LESS AIIO EXCEPT 11/0 THE EAST 50 FEET 4NO 1HE SOUTH 20 FEET THEREOF'. C> :::t:J w:::::.. c:::> cx::> --..] "cor f'1a'f:Frrr UN. """0 ~ / I I I ./ I I I I- ~ I \ \ ~ &; ~ ~ t-->' c:> c:> <...n NANCY & DELBERT ACKERMAN FOLIO NUB1v.lER: 0042744007 O,R. 2436, PG. 1913 ~ f s ~~TIlX:Tat EASEI/ENT ---------L-_--:.___ - - - - - - - - - - - -- - - - - -.- - - - - - - - - - - - - - L:'_~ _~~'.::.':::'!! .:.~c:~ __ 27' EAST f'fa>E/tr'r IAIE . WfSTEF/iJ' R/'t( UNF.; c..- ca.JKTl' BNIN ItJNJ ICJ!. Z&J EI<o/l/r FOIl a ;:%1 ::::''IF<J 1CJ!.268J CODNTYBARNROAD - (C.R. 268) M\I!I., OF THE: M\I!I., SE:CTlON 17 NE!I., OF THE: M\I!I., SECTION 17 --- I .xe L C. /okt;EE, f>SJl fflt:JrESSJ'JHN. SV~EYfY/ ),ND }/)I'PER Fl.1:JRff;M CEFrT'/FK:nE. No. 6fJO C'Oi..LlBIl C'OllNrr DBPAln'HENr OF '11UN':sA:JRr A.110N DRAYlN BY, ,JCI.( CHECKED BY, SP DRAWING DATEI OS-IS-05 SCALE, I ~.<;n' c::> c::::t" c::::t" ('V"') ~ P-. ~ -r-f -r-f c::::t" t:x: ~ ----, OR: 4087 PG: 1006 EXHIBIT A .~ J~ of_ jj 168' PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT PROJECT NOl 60101 PROJECT PARCEL NOl 913 LEGAL DESCRIPTION AND SKETCH SHE.E.T ...L OF ...L 1- 25' 1 .- ~~ ~. ~ -.., --..-.... ..... . . ... - . .... .~. -...... -.... ....--.. - (NOT A SURVEY) SECTION 17, TOWNSBIP 50 SOUTH, RANGE 26 EAST CO;LLIER COUNTY, 'FLORIDA 7 L.EGEND..!., RIW' . RIGHT OF' WA.Y LS . L.AND SURVEYOR LB . LICENSED BUSINESS P.B. . PL.AT BOOK PO. . PAGE PSl.l . PROFESS I 0liA!, SURVEYOR a I.iA??ER C.R. . COUNTY ROA.D O.R. . OFF'ICiAL. RECORD THE NORTH 1/2, OF THE SOUTH r 12, OF THE NW J 14, OF THE NW 1/4, OF SECTION IT, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, .LESS AND EXCEPTING . THE WEST 1085 FEET THEREFOF, AND L.ESS AND EXCEPTING THE EAST 50 FEET AND THE SOUTH 20 F'EET THEREO~, LEGAL DESCRIPTlON . PARCEL NO. ''9i3, THE WEST' 10 I"EET 01" THE EAST 50 FEET OF' THE FOLLOW1 NG DESC~IBED PROPERTYr I I I 1 I 'I I I , I ,) ./ ' I 1 I I . /. I. ~ I I ::j I' 1 .' ~, I / I . I I <<; I ~ ' / I I I / / I I I r I { /2' I t- --t 20' ~ r / I I ; I 1 / . I I I \ \ 'It'Esr PfllY'Em UKE NANCY & DELBERT ACKERMAN FOLIO NUM:BER: 0042744007 O.R. 2436, PG;1913 ~ ::j ~ ~ i P!32POScD R/JI( ,~ \E~ -:m UKE & WcSTcR/.r R/'f( UHS OF Ell. R/'f(' FOR CCl.Jm BNIK FnAD IC,R, 2tS81 COOm BN/}( 110,1,/) IC,R, 2tS81 !WI!JrH VN/IESJ ---....- cx. R/W Une -r- COUNTY BARN ROAD (C.R. 268) Iv'W 14 OF THE N"tY I,4 SECTION /7 - NE. ~ OF rHE. Iv'W 14 SECTION f1 R/W Uoo.-- ~American . 'llra Consulting Engineers of FlorIda, LLC 4111 Land 0' Lakes Blvd. SuIte 210 Lend a' Lakes, FlorIda 34B39 ' Phone: (813) 996-2800 Fax: (813) 998-1908 C/Jrtlfloete of Authorization No. 7110 Joel C. MaGee, P.S.M. No. 6430 --- ---- COLLIER COUNTY .DEPA.RTMENT OF 17UNSPORTA. nON - fVw UOO DRAWN By. JCM CHECKED BY, SP DRAWING DATEz OB-lB-05 SCALE, 1"'50' ~ -r-I c:::t" c:::t" CV') ~ 0... '-0 -r-I ~ oc::::t<' 0::: c:::> I EXHIBIT A Page_J G,_ -0(_ I~~ OR: 4087 PG: 1007 168 3 PERP~ NON~EXCLUSfVE DRAINAGE AND lJ11L1TY EASEMENT PROJECT NOI 60/0/ PROJECT PARCEL N018/3 ~Hc.Er 1- OF .L ~ 25' -.J ~Z-t~ LEGAL DESCRIPTION AND SKETCH DRAINAGEIUTILITY EASE:MENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ j,J': 0 E NQ.!. RIlf . RrOHT ()I:' WAY ~s . ~AND SURVEYOR ~B . ~ICENSED BUSINESS ' P.B, . P~AT 8001( PO. . PAGE PSI.l . PR()I:'ESSIONAl., SURVEyOR a 1.IAPPER C.R. . COUNTY ROAD O.R. . o""rCIA~ RECORD LEGAL DESCRIPTION - PARCEL NO. 813 " THE WEST 13 FEET OF THE EAST 40 FEET OF THE FOLLOWING DESCRIBED PROPERTYI THE NORTH ]12, OF THE SOUTH 112, OF THE NW 1/4, OF THE NW 1/4, OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPTING THE WEST 1085 FEET THEREFOF, AND LESS AND EXCEPTING THE EAST 50 FEET AND THE SOUTH 20 FEET THEREOF, WE:ST PROPEm UNE: r I , . r. " , I I , I I ' , 1 I J I I .1 I I I I I I 12' I L --r r- r 1 I ~! 1>-1 I Ii R/W ne \ \ ~ ;:j ~ ~ I~ ~ NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O.R. 2436, PG. 1913 ~ ;:j ~ ~ ~ 13' DRNN.AGE NfD UTIUTY EASEJ.(ENT Z- CONsrRCJcrKJ/( E:ASelJE:Nr . ----------- -- --- -- -- --- \E:~ =~y UNE & WESTERlY R/';( UNE Of" CW/tTY 8AAN F/OA() 1c.R. 2681 --- ----- R/W line ~ R/lf( FOR CWNTY 8AAN F/OA() 1c.R. 268r IWIfJ1'H VARlESI COUNlY BARN ROAD (C.R. 268) NY;!4 OF THE NY;!4 OF SECTION fT - NE!4 OF THE NY;!4 OF SECTION fT R/W Une-- --- r,~American 'll:~ COnSUlting Engineers of Florida, LlC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 998-1908 Certlflaate of Authorization No. 7110 Joel C. MaGee, P.S,M. No. 6430 ...--- --- ---- C'OLL.lBR COUNTY DEPARTMENT OF T1UN'SPoRTA.TlON DRAWN .BYI JCM CHECKED BY. Sp DRAWING DATEI 08-18-05 SCAlEI 1"'50' ----, ~ oo:::::t" oo:::::t" ('V") ~ P-o ~ ~ ~ oo:::::t" 0:::; c::> '/ EXHIBIT A Page~ 0'_ '7:1_ - PERP~ NON-exCLUSIVE ' ROAD RIGHT-oF..wA.y, DRAINN.:" AND UTJUTY EASEMENT OR: 4087 PG: 1008 168 3 PROJECT NO, 60101 PROJECT PARCEL NO, 1[38 LEGAL DESCRIPTION AND SKETCH "__:..: PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ..1.EGENDl R/Yf . RIGHT Of' WA'1' ~s . ~ANO SURVEYOR ~B . ~ICENSED BUSINESS P,B. , P~AT BOOK PO. . PAGE PSu . PROf'ESSIONA~ SURVEYOR a UAPPER C.R. . COUNTY ROAD O.R. . OFFrCIA~ RECORD SHE:ET 1. OF .L L- 25'-1 Z~ ~ LEGAL DESCRIPTION . PARCE~NO. 1138 THE WEST ~O FEET Of' THE EAST 90 FEET Of' THE FOLLOWING DESCRIBED PROPERTY, THE SOUTH 20 FEET Of' THE NORTH 1/2.' Of' THE SOUTH r /2. Of' THE NW /101(, Of' THE "W /101(, Of'. SECT I ON 17, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLOR r DA. R/W Une I I I I I I I I /2' I I --! J..- f I ~ , I ;::j If c- J ~ TellPORARr CONSTRUCTION eASF.Ale1r ~ ' I ~ I~ ~ l::'i r~ I~ I r~ I H r~ 1 ~ I~ -! ~ r J u I I r I I I 40' PROPOseD R/WI 1 I I r I I COl:~IER COUNTY O.R. 3195, po. 30901( NANCY a DELBERT ACKERMAN O.R. 201(36. PG. 1913 ~COHSTRlXTIOH ~~~"EHT :-----L--______ -------~~~~I;;~~~~~;;~--- - "-P~;;RIW LlH;- S RIW FOR COOKTY BMN ROil) ICR, 268J IWlfJrH VARi~SJ I ~~ PRoP~m UN~ &. weSTeRlY RIW UNe CA': COOKTY BARN ROil) ICR, 268J Nrf V. Of' TH~ NW V. Of' SECTK)N rr _ N~ V. Of' THE NW v. Of' SECTK)N rr --- ---- -tcAmerican . -q,. COnsultlng Engineers of FlorIda, LLC 4111 Land 0' Lakes BlVd. SUite 210 Land 0' Lakes, FlorIda 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Olilrtlflcate of Authorization No. 7110 Joel C, MCGee, P.S.M. No. 6430 ---~ COUJER COUNTY DEPA.RTMENT OF nuNSPoRTA. TlON - - -RN Une CODN1Y BARN ROAD (C.R. 268) ------ DRAWN BY, JCM CHECKED BY, SP DRAWING DATEr OB-Ia-05 SCALE, 1....50. ~ m ~ ~ m ~ p... ....0 ...--I ...--I ~ oc:: C> '---1 PROJECT NOI 6010r PROJECT PARCEL NOz 7138 EXHIBIT A Page~ -oL 7~- . - OR: 4087 PG: 1009 168 3 TEMPQ~' NT CONSTRUC11ON ~t;ME , ' (DURATION: 3 'tIM~ FROM ~CMMENceMENT OFOONS1'RUCi1oN) SHEET 1. OF 1. L 25'--1 LEGAL DESCRIPTION AND SKETCH -=--\1( i - TEMPORARy CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSBIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA / 1 f2' I ~ I I I I ' 90' TEDJPORARt CONSTRUCTION cAScJ.l[f r r~ 1::5 J~ I~ Ill.; I~ I I I I r f~ :1 Ju \ \- -f \ EAST PRoPERTY UNe &. WESTERLY R/W UNE C\" CQJIfT't' BAliN 11O-'D, 1c.R. 2681 ...1EGENQ.!.. RIlJ , RIGHT OF WAY l.S 'l.ANO SURVEYOR l.B J l.ICENSED BUSINESS P. B. . PLAT BOOK PG, , PAGE PS~ , PROfESSIONAl. SURVEYOR a ~ER C.R. J COUNTY ROAD O,R~ , OFFICIAL RECORD COLl.IER COUNTY O,R. 3795, Po. 3094 R/W line S R/W FOR CQJIfT't' 8AAH 110.11) 1c.R. 2681 IWIGrH VN/IESI --- ---- 'Mmerican = ~ta.' COnsulting Engineers of Florida, LLC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakes, Plorida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfioate of Authorization No. 7110 Joel C. MaGee, P.S.M. No. 6430 -= LEGAL DESCR/PTION . PARCEl. NO, 713B THE WEST 90 FEET OF THE EAST 180 FEET OF THE FOLLOWING DESCRIBED PROPERTY, I I I , 1 1 , I-- 1 I f I THE SOUTH 410 FEET OF THE NORTH J 12, Of THE SOUTH 112, OF THE NW 11-4, OF THE NW 11-4, Of SECTION 17, TOllHSH!P 50 SOUTH, RANGE 26 EAST', COLLIER COUNTY, FLORIDA. NANCY a DEL'BERT ACKERMAN 0, R. 2435, po, r 913 ~CCi<'lsrF:/JCrlON E,lSEJlENr --L-______ -------~~D~~{;;,~~~~~~;~~-- PFlOI>osl:D R/W LINE --- - - -R/w Une 1M ~ _C\" THE 1M ~ C\" SECTION 17 HE ~ OF' THE 1M ~ C\" SECTION 17 COUNTY B.A.RN ROAD (C.R. 268) ---,--- ---- - -- - ---- COLLIER. COUNTY DEPARTMENT OF n'UNS.PoRT...t TlON DRAWN 'BY, JCM CHECKED BY, Sp DRAWING DATEr 08-/8-05 SCALE, 1"-50' -, ~ ~ ~ CV") ~ P-. '-.D ~ ~ ~ p:::: C> ~ EXHIBIT IJ Page_~9 _ of ;;] OR: 4087 PG: 1010 3 ~ I .';~ PE~ NON..exCLUSIVE ROAD RlGHT~-w.;y. DRAINAGE AJl<<:) UTIUTY EASEMENT PROJECT NOr 60[01 PROJECT PARCEL NOr 1/4A LEGAL DESCR.lJ?TION AND SKETCH PROPOSED RIGHT OF WAY (N'OT A SURVEY) SECTION '8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHeer .L OF .L 30' ~~ L LEGEte!. RI1l' . RIGHT ~ lr~Y LS . L.u,o SURVErOR LB . LICEltSEo IllJS1NESS P.B. . PL4T BOOI; po. . P4Gl; PSIl . f'R~ESS I OH.u. SURVt:YOO a IoW>!><R C.R. . COUNTY ROAD O.R. . ~FICI.u. RECORD LE04l. DESCRIPTIOH . PAACEL H<l. II~A THE UST OF 27 FEET OF THE FCuo.J IiG OESCR I B!O f'ROPtRTY r TH!: liES! 31 T.5 FEET ~ THE EAST 367,5 FEET ~ THE SOUTH 1 rz ~ THE SOUTH r rz OF THE S.. r I~ 01' THE sw I'. 01' SECT/OIl a. T01l!lSHIP 50 SOUTIi, R4HC[ 26 EAST. COLLIER COUNTY, ELOOIDA, LESS A IS FOOT ROAD EASElEHT 4l.0II0 TIiE' SOUTH EDOE TIiERE~, - II '" I I",~i -- "'I 1',,: I I .... i "1/ if l I ~ I I r '/ <>:: I I 9.:, I I ~ I I '<: : 1.J~ j! ill I . I I ' I t I I . I , I' I 1 I : ! k' . r""""""'" I I , L _ EASEJlEHT f :-:=~-=~_ =-_==~___==___=-=== 1----- PROPOSED DRAlHNJE, UrtLlrr EASf!l/f!Hr I I I I WEST PROPf!Frrr UNE FAITH APOSTOLIC CHURCH, INC. FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 \g :j ~ ~ 0.; ''l: ~ '" R/W U". SEx. R/W FOR , Cr:Jj1{Ty BAAH RON) (C.II. 26BJ !WIDTH VN/IESJ sw ~ OF THf: SlI' ~ ' SEcrJO/( 8 Se: ~, OF THe: sw ~ Se:crIOH 8 'COUNTy BARN RoAD lC:R.268) R/W 1l1'XJ --~ f;~American ~ "l~ COnsUlting EngIneers of Florida, LLc 4111 Land 0' Lak.. BlVd. Suit. 210 Land 0' Lak.., Florida 3~Bj9 Phon.: (813) 996-2800 Fax: (B13) 998-190B C.rtlflcat. of AuthorlZOllon No, 7110 ~L C.JoIcGU. PSJl Pf/Of'ESSIOH ~ SUR,lf!:rOR ),!{D lIN>PER F'1.DRJD,l. cem:lF' JCn E No. 6'130' C'Oi.LJE.R. COUNrr DBPA.Jn'MBN:r Ofi' '11UNsPoI?TA 170N DRAWN BY, JCl,( CHECKED BY, SP DRAWING DATE, 08-18-05 SCALE. I ~'50' ~ U"'") oo::::f1 oo::::f1 CV") ~ c... '-C) ~ ~ oo::::f1 ~ C> ~ OR: 4087 PG: 1011 'EXHIBIT A Page_ 36_ -0,_ ?;2 -= .~ \"...-., '-...;....> TEMPORARY CONSTRUCTION EASEMENi (DURATlQN:.3 YEARS Ff:'OM ' ',' COMMENCEMENT OF CONS,TRueT/ON} PROJECT NO. 60 I 01 SHEer .L OF .L PROJECT PARCEL NO. 71 4A ~ 30' ~ LEGAL DESCRlPTION AND SKETCH ~- ~-TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA t I I ~ I -I- '~American : 'Jl'. ConsUlllng Engineers of Florida, lLC 4111 Land 0' Lakes BlVd. SUite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlflaate of Authorization No, 7110 Joel C. MaGee, P.S.M. No. 6430 -:::::: __I ! I I I I I I I -~ I j\:!' J t:, O:lI :::i I ~ ~J ~ I ti b r ~ I [j/l5il ~ I I Q.; I I~. I I I~ .~ 111 (~ 1 ~ II -i-I I I I I I 1 I I 1 1 I ~EGENQ.!.. R/W , RIGHT OF ....y ~s '~AND SURVEYOR ~B I ~ICENSED'eUSINESS P.B. , P~AT BOOK PG, , PAGE PSIoI , PROFESS r ON"'1. SURVEyOR a J.W>f>ER C.R, , COUNTy ROAD O.R. . OFFICIAL RECORD WEsr Pk:iPEFrrt UN!! I.EGAI. DESCRIPTION. PARCEl. NO. 11~ THE lIEST 10 FEET OF THE EAST .50 FEn OF THE FOLI.OWrNG DESCRIBED PROPERTy, THE'lIEST 311.5 FEET OF THE EAST 361.5 FEET OF THE SOUTH 'J 12 OF' THE SOUTH /12 OF THE s. l/~ OF THE SW l/~ OF SECTION B, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FI.ORIDA, I.ESS A [5 FOOT ROAD EASEIoIEHT AI.ONG THE SOUTH EDGE THEREOF. FAITHAPOSTOLIC CHURCH, lNC, FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 !:! :j ~ ~ ~ 100CONSTRucrlON eASel.leNT- r I IJ' DRAINAGe, UTILITY E'.ASE'.I.IE'.N7\ - - .,....... \ 11 \ - -~: p-"" UN<. --,- WcSTcRlJ' R/W UNc OF RIW FOR COOm /3JiU( lIONJ feR. 268) COOm 8MN RON) feR. 2681 rwlOl'H VN/JESI \ [:1 \ R/W Une sw ~ OF' rH~ SW!4 SE'.CTION 8 SE'. ~ 'OF THE'. SW!4 SEC'TION 8 COUNTY BAR:N' R.OAD (C,R, 268) DRAWN BYI JCM COLLIER COUNTY DEPA.RTMENT OF TRA.NSI'oRTA.T10N CHECKED BYI SP DRAWING DATEI 08-/8-05 SCAlEI 1"060' OR: 4087 PG: 1012 EXHIBIT /) Page~3 ,_ ~_ Ii 168 3 . PERP~ NQN-exCLUSNE DRAINAGE AND UTlLITY EAsEMENT PROJECT NOl GOIOI PROJECT PARCEL NOz 814 LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITYEASB1v.1ENT (NOTA SURVEY) SECTION 8, TOWNSBJp 50 SOUTH, RANGE 26 EAST COLLlER COUNTY, FLORIDA :=--.: I I I ~ I -I- i II I I I I r I 'I I I __I I I I. I I .) I --I '\u /g~! j~ rlJ?!:jr ~ r I Cl; 1 I ~ I 1 I~ I i 1 j II [~ ! ~ ! I -J-.J I f r 1 I. I I I 1 I I WEsr PRCPERTr UHf! LEGEND, -RIW , RIOHT OF' WAY LS . LAND SURVEYOR LB 'LICENSED BUSINESS P.B. . PLAT BOOK PG. .' PAGE PS~ . PROFESSIONAL SURVEYOR a ~PPER C,R. . COUNTY ROAD O.R. . OFFICIAL RECORD - -, "-D ~ ~ CV") LEGAL DESCRIPTION. PARCEL NO. BI~ ~ P-o THE WEST 13 FEET OF THE EA5T..0 FEET OF THE FOlLOWING DESCRIBED PROPERTY, "-D ~ ~ c:::::t"' 0:: C> THE WEST 317.5 FEET OF THE EAST 367.5 FEET OF THE SOuTH 112 OF THE SOUTH 112 OF THE SW I I~ OF THE Sw II. OF SECTION B, TOWNSHIP SO SOUTH, RANGE 26 EAST, C~LIER COUNTY, FLORIDA. LESS A IS FOOT ROAD EASE~HT ALONG THE SOUTH EOOE THEREOF . '/ FAITH APOSTOLIC CHURCH, lNC, FOLIO N1J:MBER: 00406280000 O.R. 2867, PG, 1415 ~ :j ~ ~ ~ /3' DRAlHME 8< lfTIllTY EASH/EN]: ~: P~RTr UNE &0 EIt.R/W FOR MJkf./l!fJl~UJ/;e,fJ;. E:S81 COOm EW/N RON) ICfl. E:S81 fWlGrH VMJeSJ ~-- RM U()(J sw ~ OF THE ~ ~L OF seenON 8 R/W lloo _ _ =. _ ~E ~~ OF rHE SW ~ OF SEr:rJON B fi\lcAm e rican ' 'qta: COnsulting Engineers of Florida, LlC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakes, FlorIda 34639 Phone: (813) 996-2800 Fax: (813) 996-1fJOB Certlfloate of AuthorIzation No. '11to Joel C. MaGee, P.S.M. No. 6430 COLLIER COUNTY DEPA.RTMENT OP 1'RA.N5PoRTA. T.TON COUNTY BARN ROAD (C.R. 268) DRAWN BY, JCM CHECKED BY, SP DRAWING DATEr 08-18-05 SCALE, J ".60' EXHIBIT A Page~3;( ... Of -I J. OR: 4087 PG: 1013 168 3 P"ERP1=TJ"A' N ROAD -R;i3'H;:'n,.. ON-exCLUSIVE u-. -vr..l;\(A. Y.DRAI NA G f A,~ unUry'EAsE:MENT PROJECT NO. 60101 PROJECT PARCEL NOt J /48 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SUR.\lEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHur .LOF..L ~ -==-~ L ~ LEOE.!!!?!. RI1r . IIIGHT Of lI'AT !.s '!.ANQ SURVEYQft La . LICEIiSEO BUSINESS P.8. , P!.AT BOOI: PC. . PAct PS.\I . PROfESS I DNAl. SlJIlVEYQft a loU.Pf>tR C. R. . CO(Jt(Tr ROAl] o ,II. . OFF I C I Al. IltCQftO !X)' PROPOsE:D RIW ~ -~ ~ 2i r ~' ~ '''''' I~ "'" 1(5 ~ i~ )~ 10; I~ I~ I~ ~ I ~ J I I I I "- I J I, I I FAJTIl APOSTC<.IC CIlURCH. INC. 0.11. 286T. PC. 1~15 '----J t.EGAl. ll€SCRJPT!OW - PAIleE!. H<>. 11(8 I:-- o:::t'" o:::t'" m THE WE:ST 50 FEET OF THE EAST 100 FEET Of THE SQl1TIl 15 FEET Of THE FC<.!.Oll'l NO OEseR IBEo . PROPERTY, ~ .::L.o THE WE:ST 317.5 FEET Of THE EAST 367.5 FEET Of THE SOUTH 112 Of TIlE SOOTH 112 01' TilE SlI' J f( 01' THE S!\' I/( Of' S<:CTlow 8. TOllltSHIP 50 SCXlTIl. RAH(l€ 26 EAST, CC<.!.IEII COlJIlTy, Ft.OftIOA, "-0 ...-. ...-. o:::t'" IoLV!TIN ROPl>C<.O O,R. 657. PC. 797 ~ C> '"--7 -en.. ~, .."": """"''E, & UTILiTY EASE:lIENT /-CONSTRUCnON E:ASElIE:NT ~ --- --- -- .z.:::PROPoSE:D DRAINAGE:, UTILITY EASElIE:HT -------------------- PROPosED RIW LINE: RIW LlM --- - RM LI~ COUNTYBARNBQAD (C.R. 268) !:o- ~ {;J VI EAST PROPERTY LINE & WESTERLY R/Y( LINE OF' COON7Y BAAN ROAD IC,R. 2681 a ex. RIW FOR COON7Y BARN ROAD IC.R. 2681 i'NIDTH VARIESI sw Y4 OF THE SW14 SECTION 8 SE14 OF THE SW14 SECTION 8 RM LlM --~ --- W~merican - .~ Consulting Engineers of Florida, LLC 4111 LQnri 0' LQk.. Blvd. SuIt. 210 LQnd 0' Lakes, FlorfdQ 34539 Phon.: (813) 998-2800 Fax: (813) 998'1908 O.rtlllo!r! of Ilu/horlz!/Ion No. 7110 ~L c:.1IIct;C~, PSJ/ f'f'K:JF !SSIOIrN. SVlf./!YOII MO IiN>f>f:R FI.aI/o,( ct!FrT If"/CAJ"& No. 6-/JO C'OLJ:JERCOllNTr DEPARTMENT 01"- ~A.110N DRAl\N BYI JCM CHECKED BYt SP DRAWING DATEr OS-IS-05 SCALE-, I ~;40' OR: 4087 PG: 1014 EXHJBIT---L Pa~ 3~l of '7i- 168 3 TEMPORARy CONSTRUCTION EASEMENT (DURATION: 3 YEARs FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NOI 60101 PROJECT PARCEL NOI 714 B SHEET L OF L L 201 , LEGAL DESCRIPTION AND SKETCH -::: ZL~ - . TEMPORARy CONSTRUCTION EASEMENT (.NOT A SURVEY) SECTION 8, TOWNSBIP 50 soqTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION - PARCEL NO, 714 8 --- THE WEST 52 FEET OF EAST 152 FEET OF THE SOUTH 15 FEET OF THE SW [/4 OF THE SW I 14 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, 00 ~ ~ CV") t..!:) P-o ....0 T"""f T"""f ~ ~ C> 52' CONSTRUCT/ON I.IART[ N ROPPOl, 0 . C.R. 657, PO. 797 '---7 L.EGEND-.!., Rift . RIOHT OF' WAY LS . LAND SURVEYOR La . L.ICENSED BUSINESS p.a. . PLAT BOOK PG. . PAGE PSU . PROFESSIONAL SURVEYOR a ~PER C.R. . COUNTY ROAD O.R. . OF'FICIAL RECORD ~TlNG 50' 00_", DRAlNME, & UTILITY EASEIJENT ~ R/W FOR COONTY BARN ROAD (C.R. 268) (WIDTH VARIES) R/W 'LlnB - COUNTY BARN ROAD (C.R 268) --- ~American -q,. COnsulting Engineers of Florida, LLC 4111 Land 0' Lakas Blvd. Sulta 210 Land 0' Lakas, Florida 34639 PIJone: (813) 996-2800 Fax: (813) 996-1908 Cartlfloata of Authorization No. 7110 Joal C. MCGae, P.S.M. No. 6430 ;;;;;; t ... .... I I ~ I I p:: I I .~ i I ~ I j 1~ Iii 1 .... ,"" J~ 1t:5 I~ J a.; ~ r i:: I ~ J I " I I I EASEMC{NT I I I I I I I I I I I 15,1 I I I 13 L r~ ~~ - L.. l::: ClJ ~ ~ ;::: ;::: rct ~ Vi Iii FArTH APOSTO!..lC CHURCH, INC. O.R, 286? 'PO. 10(15 -L::~RU~~ L::~~s!.r: C:R~~~,- u.!~/:: _ :.AS:.~~T ~ -.!ROPOSED R/W LINE - RlwLlne EAST PROPERTY LINE &- WESTERLY R/W. LINE OF COUNTY BARN ROAD (CR. 268) sw '4 OF THE SW '4 SECTION 8 SE '4 OF THE SW '4 SECTION 8 --- COLLiER COUNTY lJEPA.RTMENT OF TRA.N'SPt:>>?TA. 1'10N DRAWN BY. JCM CHECKED BY. SP DRAWING DATEI OS-IS-05 SCALEI 1"'40' EXHIBIT~ A Page~3Y_ oL 7;:;.- - OR: 4087 PG: 1015 168 '~ ..#. TF.MPOMRV DRIVEWAY RESiORATl)NEASEMf;:NT, . (DU RAT~ a YEARS FROM COMMEJ'{rJE~OF CONStR~CT10N). PROJECT NO: 6010! PROJECT PARCEL NO: 714 C LEGAL DESCRIPTION AND SKETCH ""'-!oJ( L TEMPORARY DRIvEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 Sourn:, RANGE 26 EAST COLLIER CO~TY, FLORIDA SHEEr 1.. OF 1.. L 20'-..J ~ WEST PROPER'TY LINE ,8 "'" R/W FOR COUN'TY BARN ROAD IC.R, 268) IWIDrH VARIES) \EASr p:p:rr LIN~ & WESTERLY RIW LINE OF COON'TY BARN ROAD IC,R, 13 J~ . r~ 16' f . -1 . I RIW LIne - r. I " .1 I t::t() I I ;.,::.:: , ~ Cl ., 1 i::" ., uti I , ~ I , 1 I I 1 I ) I I I I ~I I ::j I I ~ I 1 ~ I , 9..: I () ~! I ~ I J 9:: I ~I I, , 1 / 1 ! I -H , J I I 1 ~ 0'"'\ oo::::f'" oo::::f'" CV") . . t.!) p.... ~ 0..; "-D '" ....-t ~ ....-t oo::::f'" ~ ~ 0::: ct.; c::> ~ --., ~ LEGAL DESCRIPTION - PARCEL NO. 714 C THE WEST 52 FEET OF E~ST 152 FEET OF. THE NORTH 15 FEET OF THE NW 1/4 OF THE NW I /4 OF SECT! ON 17. TOWNSH [ pS.O SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA, ..1..EOEND. . RIW . RIOf{T 01' If,\Y LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PO. . PAGE PSU . PROFESSIONAL SURVEYOR a UAPPER C.R. . COUNTY ROAD a.R, . OFFferAL RECORD -r:XISTlNG 50' ~AY. DRAINAGE S, UTILI'TY EASEMENT 1v.f.ARTIN" RQPPOLO FOLIO NUMBER: 00427320004 O.R 657,PG. 797 5?TEMPORARY DRNEWAY RESTORADON .~ASEMENT --- 268) COUNTyB.AR:NROAD - (C,R. 268) ~American 'Ira Consulting Englneer$ of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florfda 34639 Phone: (813) 996-2800 Fax: (813) 998-1908 Certlfloate of Authorlzatfon No. 7110 Joel G. MaGee, P..S:M. No. 6430 N'W!J.t OF THE N'W IJ.t SECTION /7 NE!J.t OF THE N'W!J.t SECT/ON /7 COLLIER COllNl'Y .DEPARTMENT OF TRANSPoIlTA170N DRAWN BYI JCM CHECKED BY. SP DRAWING DATE: Oa-la-05 . SCALE: 1"040' I I ex~IBIT-L. Pa~t3s:. ot /-L OR:" 4087 PG: 1016 1t 6" n l . t.J """l'1 ~(. ) ~ FE: SIMPLE I INifEREST I PROJECT NO. 60101 I PROJECT PARCEL NO. lIS I LEGAL DEi'lCRIPTION AND SKETCH PROPOSED RIGHT OF WAY I , GNOT A SURVEY) SECTION 8, TOWNSHIP 50 SOU'IH, RANGE 26 EAST COLLIER COUNTY, FLORIDA s}c-r.l:lit' 7 s!CT.I:lit' 8 I I I I I i SHEET .LOF .L 50' -=~ ~ L WEST PRO/'ERTr UNE ...kECENCI R... . RICHT 01" _4Y LS . LJ.HD SURV'EYOO LB . LICEI/SED BUsINESS P.B. . Pl.AT BOOl( PC. . PAGE PSlI . PROf'ESSICfUl, SURVEYOO a IoW'PfR C.R, . COUI/TY ROAD D.R. . OFFICIAl. RECOIlO LECAL DESCRIPTION. PA NO. liS THE WEST 50 FEET or T E EAST 100 FEET OF THE NORTH 112 OF THE. SOUT 112 Of' THE SII" J /4 OF THE sw I/~ or stCTION B. TOWNSHIP 50 SOUTfl, RANCE 26 EAST, COLLIE COUNTY, FLoo lOA, ~ c:> ~ ~ ::::i c::::t" ~ m ~ eJ ~ P-o 'l...O T""""I T""""I c::::t" p:::; C> '- 7 BARBl F JONES TRUST I FOLIO NpMBER: 00404200008 O,R. 2450, PG. 893 I Elf. R/W FOR Q CWNTY 8MN RON) leR,2fi8) ~ fW/[JT'H V NIlES) --- ~------- R/W Um PROPosED .RIW LINE s:: ~-- -- ------------------ EASf PROPERrr LINE " WESfERl.Y Ex. R/W LINE OF COONrr BAlIN ROAD ICoR. Z68J SIt' I, Ct" fHE SIt' ~ SECT.I:lit' 8 SE YJ Ct" THE SIr ~ SECTK1/ 8 I I --i-- I R/W Um -- --- -- ---..:..::_- RIW U;';'- COUNTy13ARNROAD (C.R. 268) ------ RIW Unc ~Mme'rican ~ ~'.a Consulting Engineers of Florida, LLC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakas, Florida 34839 Phone: (813) 996-2800 Pax: (813) 996-1908 Cer(ff/oele of Authorizetlon No. 7110 JOEL c'IkGEE, PSM PRoFESSOiAl. SlJRVEYM, NiD I/N>f>ER FlDRJD.4 C$RrIFx:JJ'E 110.. 6430 COUiE.R. COUNTr DEPA./lT.MEN;r OF 1'7UNsPor!n-A.17ON DRAWN BYI JCI.f CHECKED BY. SP DRAWING DAT~. ~I_'~ EXHIBIT--d... Page......3 ~ of_ ') s2... OR: 4087 PG: 1017 SECTION 8, TOWNSHIP 50 SOUTH, RANGE: 26 E:AST COLLIEr:? COUNTY, FLORIDA PARCEL NO, ~18A AND Zi8B .. PROPERTY OWNER: WOODMERE RAQUET CLUB -= REFt:RENCE: .Q,R, 2820, PO: 469 AREA OF TAkE: -1.140 SQ. FT.:l: TOTAL a ~ ~ 0::: ~Cl~ ::Ef5a.. .~~~ >-Utv) 0:::05~ 0::: ~ a:: o o o + o::J ,.... It) a";j- <:";j- ~~ ~<3 S;:a.. ~ oj' t5~ ~: ~ 0:::. Q.o o o + ,.... ,.... o o + {O ('<.. ~ ,Lu _"'I- -.I . -I LiJ~ t;]o... -s ~ Ltj ~a ~~ .~ -Sa:: o o o + l[) ,.... 8 + -t' I' co - -.It'., P:::~~ ~~<3 C)"<'l::o... G:' Cj ll) ~ >:LU"'I- ~f3tv') ~<:~ 8ee: <:5 8 + n ,.... o o + N ,.... p,6,c. == POINT OF COMMENCMENT P.O.8. == POINT OF BEGINNING R.O,W, == RIGHT-OF-WAY L--,~ ., ---.J..' \, 'i ----":.I.- 'f I . ~w THIS LEGAL DESCRIPTION AND SKETCH PREPARED E3Y: .,....~ ::::tlGNOLI .....n :::::UAl~BEn &: ......13 ...... , ...... RUNDAGE,tlfC. Professional engineers, plannerll, &: land surveyors Cow.. coUJttn Bi1l14 200, "co TlIIlfUIIJ Trill, Noru" Na~I.., it 3410S (232)8;7-3111 L.. Coulltn 2220. CocOnut R<oad, 8i1l14 1031 BOl1!la Bprio.., rL 34135 (~3g),~-8S!3 C.rtU1oat.a of .l.U!horiraUol1 Ifo., UI SS<< "'4 Ell 3SS~ Fu, (23;)US-U03 /, .~ ~ ON ,~ G V) CQ::Q) P:::!:Q~ LlJ-.I 0... -./ ~..: 00-.;; Q:::(')Q. Q. ~~ ~ Cl"'Og <:~~ -.::t:""-J_ -.1-.1 ~Ll..a:: :tOo TEMPORARY CONSTRUCTION EASEMENT FROM MENCEMENT OF CONSTRUCTION) :::: ci a:: >-- -.J lli f,;;; V) L5 ~ ~ .cJ V) (Ij X Ci5 l.U ).. ~ ~ ~~+i' -~J..,; ",J..,;~ -I&:jo LU(ljV) ua 0::: a.. a ~a~ l"lQ:;:~ -0..- '-' +.84.21 50,00 R <J ~ 23 S~ ::r:";j- u~ <:0... ~~ (f)a -2?] ~~ U. 0:: ~o C2 ~ PARCEL 7188 PROPOSED T,C.E. (160 SQ. FT. :1:) L5 P.O,8. PARCEL 718B ~ ~ a g: ).. -.J E5 2.: ::::J a V) L8 -J I Cl d O:::~ ~o ~a:: c8 ~-t:. u ~. +32.21 50,00 R Lu ~ -.J P,Q.E3. PARCEL 718A <0 -.1 +21.19 50.00'R ~ }."a ~Ol ~'~ ~l'-... gC\J <: i:: <:, :::J a (,) f5 - -.I -.I a u .L1liE L1 L2 L3 L4 L5 L6 L7 L8 L9 ltG LINF: TABI..E ~ B~ARIf:1Q 29.88' N 60'42'47" W 16.00' N 00'42'47" W 10.ob' S 89'42'47" [ 10.00' S 00'42'47" ~ 10.00' N 89'42'47" W 111.02' N 00'42'47" W 52,01' N 00'42'47" W 20.00' S 69'42'47" [ 52;01' S 00'42'47" E: 20,00' N 89'42'47" W ~ BEARINGS ARE BASED ON THE':SURVE:Y BASELINE OF COUNTY BARN ROAD AS BEING N 00'27'15" W. . . ,. :~. ~.. ..r:~,:..<"f"~:':.:~~;::":~'i~'~~. .... .. . LEGAL PESC~IFTIOJ'v=: At~Q~~f$'Wm:G:fi::I',.SHEET 1 OF 2 DESCRIPTION" PARCEvS si~..O'A' ';;?:/l;l""t''":7'~'8E3:'". :. .",.. ' ,,--,. '~:. ," ~";;:;"'.7"d".~..(,~l:.l:)t.\~*t1:.1:'I!'~""GOJ,,<~..'.i~, :~.~ "_....,:.~ ell EN T: 9 0 ~j.;l~Bl~gy:lJ.i;g.'f.!','2;f.;~ N:$.E o~,J.~'lrQ~,.,qJ.vI,s I ON EXHIBIT A . --' Page~37... of 7~ OR: 4087 PG: 10~8 ;" t, 3 00 . TE~PORAAY CONSTRUCTION. EAsEMENT (DURATION: 3 YEARs FROM C MMENCEMENT OF CONSTRUCTION) . . LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "A") A PARCEL OF LAND LYING IN SEC77DN 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED. IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF .COLLiER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE .OF CO.UNTY BARN ROAD (100' R. O. W.); THENCE NORTH 00'42'47" WEST ALONG SAID EASTtRL Y RIGHT OF WA Y LINE A DISTANCE OF 150,90 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED,. THENCE CON77NUING NORTH 00'42'47" WEST ALONG SAID EASTERL Y RIGI-IT OF WA Y LINE A DISTANCE OF 52.01 FEET; THENCE LEA VlNG. SAID EASTtRL Y RIGHT OF WA Y LINE SOUTH 89 '42'47" E:AST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'42'47" EA5T ALONG A LINE 20,00 FEET EASTtRL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 52.01 FEET; THENCE NORTH 89'42'47" WEST A DrSTANCE OF 20,00 FEET TO THE POINT OF' BEGINNING OF THE PARCEL HEREIN DESCRrBED,' CONTAINING 1,040 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, SECT/ON 8,. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA ---, C"..I Lr) c::::J"" m ~ P-. AND LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "B") A PARCEL OF LAND LYING IN SEC770N 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY CORNER OFTHA T PAR,CEL DESCRIBE:D IN OFF/crAL RECORDS BOOK 2820, PAGE: 469, PUBLIC RECORDS OF COLLiER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTtRL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.o, W,); THENCE NORTH 00'42'47" fWOST ALONG SAID EASTtRL Y RIGHT OF WA Y LINE A DISTANCE OF 29.88 FrET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED,' THENCE CONTrNUrNG NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 10.00 FEET; THENCE: LEA VING SAID EASTERl Y RIGHT OF WA Y LfNE SOUTH 89'42'47" EAST A DISTANCE OF 10,00 FEET; THENCE SOUTH 00'42'47" EAST ALONG A LINE 10.06 FEET EASTERL Y FROM AND PARALLEL WiTH SAID RIGHT OF WA Y LINE A DISTANCE OF 16,00 FEET,' . THENCE NORTH 89'42'47" WEST A DISTANCE OF 10,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 100' SQUARE FEET OF LAND MORE OR LESS,' SUBJECT TO EASEMENTS AND RESTRICTiONS OF RECORD; ABSTRACT NOT REViEWED, TEMPORARy CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCI:MENT OF CONS:rRUCTJOr'.~' '-D .,.-f .,.-f c::::J"" tx: C> ~ ~ "1_" ." I( t. :l. THIS LEGAL DESCRIPTION ANDSKETCH PREPARED BY: LEGAL DESCRIPTION .AN61:~S~EJ;C:H" SHEET 2; OF 2 It) ," .... ""'. ., ~E~9RIPTi ON:,P ARSEL?..: 71.'~~,:A~~~:?1;8}?o~~,t~, "'Gdt.! " CLIENT: COLLlER.C,OUN,:J~BT.R:ANSPOf~Tk ON> DIV~SION' ._ ' "': ..,,;;::,.'..,';:...:.::.. '\.;.~".:..;~,,(<:.~;;~<.~"i'~,:..:..--"':::; . >f,i;(~t,'-;~O;E~~.,.'HA'CKNEY. 'F',S,M. NO, 5606 SCAL~:-';,:,-." ::: ~;T:i:::'~':'oA;E~~UG., 23.. 200Q DRA'HN BY:.~.., PROJECT, NO,;.B051-CBB. ACAD NO;,.9073:...SD7HtY..'''FIL"E NO; 90U . , -;'" ." ~'... ;, . ....~ .... .... GNOLI. .....5:::) :::::UARBER & ......13 ...... . ...... RUNDAGE,lIfC, Professional englileers, planners, &: land Butveyors CoW... eo....t.n Ifulte 200, 7'<10 TunJunJ Tl'LII, No.nJ" NIp]", n. Ulna (23D)~D7-~IU Lt. Ca....t.n DDDO Coco..ut -"'L4, I1ulte 103, Boult.~, n. Uua (~gl'Ull-e'ee'a Ceiltl...te at J.uU""U,UOIl If... LB ~ ~4 III Uu 701 (l~g)c5e4-UO! ~ ('V') LC"") oo::::t" ('V') (,!) 0-4 '-D ~ ~ o::::!"' ~ c::> "---? .EXHIBIT A Page.L3? O(_;,}_ OR: 4087 PG: 1019 ,PERPETUAL, NON-EXcLUSIVE ROAD RIGHT~-wAY, DRAJNAGE AND unUTY"EASEMENT PROJECT NO, 60101 PROJECT PARCEL NO, i 19A-j SHEET .L OF .L ~ -== Z' L LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (}TOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTI:I, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ --'^' u~ ----L---____l____________~____""'_Q' s ltW!4 iflhJ SIl' !4 if S<<:tl()(l'e E:X, RIY,.. FOR 1IE:!4 c(' IhJ S\l'!4 c(' S<<:tICXl B COOIITY BAAII ROAD (CoR. 2$8J IYIIDTH VAAIESJ CODNTY BARN ROAD (C.R. 268) LEGAL DESCIlIPTiGH . PARCEL NO. II SA-, -- RIW U", - L=: I E:XIST/~-;;;;;;;;;:.-- UTIlJTr E:!tSE:JlE:/fT ------ RIW U", -------- THE EAST SO FEE'!' Of' THE lIEST 100 FEET OF THE FO!..LOYl'ING OESCRIBEO PROPERTY, THE SOUTH I n. OF THE SOUTH I n. OF THE NE I /~ F THo SYl',I/~ SECT/Oil B, TOll/{SHIP 50 SOUTH, RAND 26 EAST, COLLIER COUNTY, FLORIDA. ~ :::i ~ l5 ~ ~ Vj HIGHLAND PROPERTY OF LEE & COLLffiR FOLIO NUM.BER: 00403160000 O.R 1200, PG, 199 t.U ~ ~ ~ <l; ~ '" LEGEND. RIW . RICllT OF WAY LS . LI.NO SURV'!:yOII LB . L I CENSEO BUS IIIESS p,a. . ?l.AT BOO!( 'PO, . PAOE PSIoI , PROf'ESS I 0lIAl. SURV'!:yOR a ""'Pl'i:1l C. R., COUIITy ROI.O D,A. . Of'F[CIAl. Rf:COflO ~ ? fi:.~American 'fa COnsultIng Engineers of Florida, LLC +111 Land 0' L.ku BlVd. Sull. 210 Land 0' Lak... Florida 34839 Phon.: (813) 996-2BOO Fax: (BI3) 996-190B O.rl/(Icot. 01 Authorization No. 7110 :iOCL CoJleGU, PSII PFIOFE:SS/OIIAl.. Q/RlE:rOR Al/O IIAPPE:R FLORIDA CE:ffTIFICArt: 110. 6430 DRAlrn BYI JCl.l C"Oi.J..lB.R COUNTy DHPdJ?TMENT OF ~A.110N CHECKED BYr SP DRAWfNG DATEr Oe-18-05 SCALEr I ~'JOD' EXHIBIT A - Page~'39 -4 of_ '7 ) OR: 4087 PG: 1020 n ~,{ L 3 PERPt':TUAL, NON-EXCLUSIVE ROAD RfGHToOF-w.\Y, ORAl NAG; AND unulYEASEMENT PROJECT NO, 60101 PROJECT PARCE~ NO. I J9A-2 LEGAL DESCRIPTION AND SKETCH ~z PROPOSED RIGHT OF WAY Q:-iOT A SURVEY) SECTION 8, TO'WNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHeE.T 1. OF 1. ~ t----=- . ~~ ------L--------______-L-._____~y" AI'/( FOA COOI/TY BAlII/ ROAD ICIl. 268) IWIWH VN/IESI IN( ~ cf If>! SW ~ cf S<<;flon 8 HE ~ or If>! sw W or S<<;fICtl 8 WEST PROPERTY LINE: &- EASrERIY AIW LINE 01" COONTY BAlIN ROAD IC.R. 2681 R/W U()!j ~-- EXISTING DRAlNI>GE:,~ ---~~~~~~~---~-- ------ ~ oc::::t" L.C"') oc::::t" CV") ~ p... LEGAL OESCAIPTIOII . PAllCEL . 119.1.'2 ] THE EAST SO FEET ~ THE lIE T 100 FEET OF THE NOIlTH 112 OF THE S. 1/4 OF THE H€ 1/4 OF THE S. 1/4 or SECTION 8, TOllHSlflP SO SOOTH, AAHQ.E 26 EAST, COlL I ER COO/lTY. 'LOll OJ., LESS THE IiOIlTH 30 FEET THEREOF. ~ 0'0\ C,.lo ":j8 o ~C'10\ !.Llt'"l'<!" r-:l~oo j:J:.,O . aoe; ~..~ f&.~f& ~ '@) "~ ~ . ,0;(00 ~~ ~ !Il '-.D ~ ~ c:::;:f1 0::: C) !;! :::i ~ i5 ~ ~ '--7 EAST PROPERTY UNE LEGENr!.!. RIJ' . RICllT OF ."y LS 'LJ.NO SUAVEYOll LD 'L I CE/lSEO BUs I/lESS P.D. . Pl.J.T BO(lI:' PG. . PAG€ PSl.I . PROFESS I ONAI, SURVEYOll a iU.l>PER C.R.". COO/lTY ROAD O,R. . OFFICIAL Rt:CORO t;~Amerjcan ~'a ConSUlting Engineers of FlorIda, LLC -/1ft Lana 0' Laku Blva. Sulta 210 Land 0' Laku, Florida 3-/839 Phona: (813) 898-2800 F.x: (B13) 89B-180B Carllf/o.ta of Authorization No. 7110 COUNTY BARN ROAD (C.R. 268) ----------- I RIW Une I I ---------------- ----- !;! ::j ~ ~ 0.; ~ ~ .JOE:~ C,l/cGE:E, PSI/ PROFESSIOHN.. SUIWErOR ~D I/N'PER FLORID'" CEFrTIFICATE No. 5-/30 COi..LJE.R COVNrr 1>.lIPA.J?TMENT OF '1'1UNSPoIn- A. nON DRAWN BYr JCM CHECKED BYr SP DRAWING DATEl Oa-la-05 SCALEr J-.IOO' } L.Cl L.Cl oo::::f1 ('V') ~ t:::L.o '-D T'"'""'I T'"'""'I oo::::f1 !I::t:: C> -, PROJECT NOI 60101 PROJECT PARCEL NOr 119C OR: 4087 PG: 1021 EXHIBIT A Page- Ljo _-~f_ 7i ,168 3 FEE SIMPLE ,INTEREST SHEET .LOF .L ~ ~il?: L LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOVi1NSIDP 50 SOum, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ loECAl. Of:SCRIPTlOll - P.\FlCElo 110. 119C THE UST 50 FEET Of THE IIEST roo FEET Of THE F()(.loO..,1IO Of:SCRJ B.EO I'RtlP[RTY, THE SOUTH r 12 Of THE !/OATH 112 Of THE NE l/~ Of' THE s.. I'~ S!CTlOll 8, T~HIP 50 SOUTH, RAIICE 26 EAST, CCUIER COUNTT, FloOR!OA. ,"'- U. - ----------~--------------LJ___""_~. s ----------- Rill' UflIJ eXIST/NG ()flIVNKiE.~ i/T'/UTr t:A5t:IIENT ---------------------- ------.---.,------- L E OE HQJ.. RIW . RIGlfT OF "AY loS . LANe SURVE TOR loB . LICENSED BUS I HESS P.B. . PUT BO<)( PC. . PAG€ PSI.I . PROfESS r 0IIAl. SURVEYOR a ""Pl'ER C.R. , COOHTY ROAD O,R. . OFF ICII.!. RtCORO fi~merican 'qr. Consulting Engineers of Florida," LLC 41f1' L.nd 0' L.ku BlVd, Suit. 210 L.nd 0' L.k.., Flor/d. 34639 Phon.: (813) 9ge-2600 F.x: (813) 996-1908 C.rl/f/o.l. of Author/ratIon No. 7110 COUN1Y BARN ROAD (C.R. 268) - Mil ~ rf I~ Slf ~ rf S<<:flon 8 HE ~ rf /~ Slf ~ rf S<<:flon 8 WEsr PROPERTY LINE " E.4SrERl:r RI'K LlHE OF CWNTY 8AA/{ RO)J) IC,R. 2681 3 ~ o u PROPOSED Rill' LINE ~ ::i ~ ~ ~ lij COLLIER COUNTY FOLIO NUMBER: 00403440005 O.R 1001, PG. 825-828 \:! ::'j ~ ~ 0.; ~ ~ ..oc L C,IicGeE, PSJ/ PRof:'ESSJON~ SlJRVE;'YOO MD /I N'PE R FI.CiRt!M Cl!FrrIFJCnE No.64JO DRAWN BY. JCM CHECKED BYI SP COi.l..JEJl COONrr DEP...tllTHEN'/' oP 'i'RANsPoirrA. T!ON DRAWING DATEr OS-IS-05 SCALE, I~. J DO' EXHIBIT ...4- PageltL of~7~_ SECTION 8, OR: 4087 PG: 1022 ' 1.68 3 COLLIER PARCEL No, l.mJ , PROPERTY OWNER: .MicHAEL &: RUJ11 HUGHES = 'REFERENCE: .Q,R, 2218. PG. 1409 ARE;A OF TAKE: J2..20 ACRES :!: ToWNSHIP 50 SOUTH, RANGE: 26 EAST COUNTY, FLORIDA 'I...D LC') o::::!"" m 524 BROADWA Y COMPANY; L.P. I O.R 1072, PG. 875 , ---- --- --- -- -1 C) 0-. 524 BROADWA Y COMPANY, L.P. O.R, 1245, PG. 902 o o + co co 'I...D ~ ~ o::::!"" 0::: C> ~ ----. --- --- -- +34.33 50.00 R MICHAEL & RUTH HUGHES 'O.R. 2218, PG, 1409'0 o + co co :s:: c5 n:: ~ ~ Ci} 8 R PARCEL 1aO~ PROPOSED R. 0, W., DRAINAGE AND UTILITY EASEMENT (0.20 ACRES :1:) ~l, N~CLUSIVE RIGHT-oF-WA.Y. DRAINAGE AND UTILITY EAseMENT 25.00' '.0 o -t co 6?~ &:~ ll: --0 (jQ, <;, =%C'\j ~~ ~. an:; ~a o o + N co P.O.C, P.O.B. R,Q,W, - POINT OF 'COMMENCMENT == POINT OF BEGINNING :b RIGHT~OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: D_ -a ~t'j C'\j tt!5 ~Q, Q,a' ~c.o i.[) l--C'\j [;]' , con:; aa 0::: ~ -~ N' ~ ~ '0 V) r 1 ~ Lu ~ CJ<: !;;:0lr:J ~-:C.0 :t- i'2. . <<: CJ"lCl:l CJ >- <: ~ ~ V) ~ >-1 l--lf) S~ :0 ()0 ~Q kg,...:- -Ja 'c52 (,) ci c:i Q 6 O:::~ <;. 0:::0 ~O::I ~81 ~c~ I I COPE LANE ~ 0) ~~~ ~lJJca lJJ~t!5 @SCSQ 0::: (,) .. Q,~g; ~ki;:: ~ lJJ , -J-JQ::; ts c) 5: '. ,,\ '::'", 'j . ~. ~. , LEGAL DE-SCRIPTION ANQ Sf<'E'TCH SHEET 1 . "j '. . , DESCRIPTION: PA'3-CEL icJD ,"' '" , ' '. ." CLIENT: COl:.LlER' COUNTY TR-'4N~PORTATJON DIVISION, . , I ''1 ....!J\ ::::tlGNOLI Ill....!::) :::::iOARBER & ......13 ...... . ...... ~UNnAGI!JJll(a. ProteS'sional engineerS', plannerS', &: land surveyorS Co1lJer cOUO~TI llU1t. 200, 7'00 TlJJ1Junl 'I'1'O.ll, lIortlll Nlpl.., n. 5'+!05 (2301507-5'111 L.. GountT' aeoo COOollut !!<lId, S'ult. 103: Bah1L.. 8prlJ14r. n. 5'+135.(230 0+0-55!5' CortitlOlt. a( AuU,Ot'lzIUon lIor, LlI 5'!0+ 1114 tll 300+ llXl (230 eee-2203 OF 2 > " ,i' '. 8Y; ..; , . 'GE;'ORGE W; HACK Y, P.S.M. NO. 5606 SCALE: 1" - 10'0.: DATE:_MAY 6. 2.Q.QQ DRAWN 8Y:~ ,PROJECT NO.:li081-CBB. ACAD NO: 9073-SD11 0 FILE NO: 9071 . ;~J oil r t:AHIBIT.:... .~ Page.:Q. of~ ,f' '""" ...., ~, i-'{ "" Va...; .J OR: 4087 PG: 1023 SECT/ON 8, tOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY; FLORIDA LEGAL DESCRIPTION OF PARCEL '~80 LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THAT PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2218 PAGE 1409 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.20 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; '--7 r-- l...t> ~ m ~ A... PERPeTUAL, NON-EXCLUSIVE 'ROAD RIGHT ..QF.;WAY, 'DRAINAGE AN) UTIUTY EASEMENT ...0 ~ ~ o::::t" -=x; c::> '---7 THIS LEGAL DESCR/PTfON AND SKETCH PREPARt:D BY: , ,I i.I,\ r ' LEGAL DESCRIPTION"A.0.Q"~S,Kfi.~~,fn,', SHEET 2, OF 2 DESCRIPTION: PARCEL r QO' ,'. ;', ' ;,.;.. ". . . '.' ....,. CLIENT: COLLIER 'COUNTY' TRANS~.9~[f~TIO~""DlYISION 1\ .. . . ' ",', () . " . BY,..,.. , . ... G 'OROt 'W.' tlACKN Y, P,S,M, NO. 5606 . '\' .' .' : ," . SCALE: '-- N:- To: R,:. '. DATE: MAY 6. 20Q.Q DRAWN' BY:~ . PROJE:CT NO,: B081-CBIl ACAD NO:~073-:-'SD11 0' FILE NO: 9073 ....!I\ ::::H.GNOLI .....13 ' ..... ..... ARBER & ......13 ...... . ...... RUNDAGE,U1a, ProfessIonal engineers, planners, &: land surveyors Colller County, Built 200, ~~ao Ta.mJa.mJ TraIl, }forlh, lfopl.., 7L ll{10B (2~g)~97-~Ul Lo. CQUlltYl gaao Cooonut Rood, Buit.. 10S1 BonU.. Bprlnr., 7L S{lS~ (2~9)9H-BB~S a'rUrlQolt or AUlb,oliuUon No., La ~~B{ .,,4 EB S~H T>XI (%Sg)~BB-220~ '-----? 00 Lr') c:::::tt ("W'"") c..!) ~ '-.D ........... ........... c:::::tt 0::: C> '--, EXHIBIT A Page_Lr~,- ~_/~ ~L,NON~ RCW) RtGHT~-W&.y' ~ AN:> UTJUTY EAsEIII!NT 1.1 6' '7 .)1 . ;'J OR: 4087 PG: 1024 PROJECT NOI 60101 PROJECT PARCEL NOI 121 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TO'WNSHIP 50S0Um, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~EGAl. ll(SCR I PT I ()Ij . PARCt~ NO, 121 THE; 1I(sr 25 FEEf aF THE; EAST 75 FEET aF THE FOI.~OWINO DESCRI8EO PROPERTy, THE; NORTH oS FEET aF THE SOUT~ J J2 aF THE NORTH 1 J2 aF THE IlIr I/~' aF. THE s. l/~ aF SECTIOH e. TOIliSIIIP 50 SOUTK, RoUlO€ 06 EAsr, aF THE PiJe~IC RtCOllOS aF COl.~IER COUIlTY. FlOllIOA. Wll.,LIAM & LETICIA PILGER FOLIO NUMBER: 00404080008 O.R. 868, PG. 471 WEsr PROPEmY UN! /oIICHAEl. & llurH HUUHfS O.n. 2218, PIJ.14lJ~ \:t :j ~ ~ ~ ::it ~'" ~ ~ ~. \g~bl :j".,,- ~\<tO lli~~ ~~~ ll.: ~~~ ~... ~ ~~~ 524 8ROAUWAY CIJNPANY. L.P, . O.R. J245, pa~ 122 RIW U",,__ EXISTING DRAJNI{;E.~ UTllirY eASEJ/eN7" ...-..-------.--.. PROPosED RIW LlN! 25' --- --~------~-- s ~--~-- cAST PROPERTY LINE & WSTeRIY R/W LINE OF' CCi./NTY BMN fIO.AlJ (C..R. 2681 OF SECTION 8 COUNTY BARN ROAD OF SECT/Ci; 8 (C.R. 268) !Nt ~ OF THe S1f ~ NE: ~ OF THe SW ~ R/W Dr", -- ------------------------------ ~E(jEI(j, RI1r . RICKT aF ....y ~s , ~AIlO SURVEYOR ~6 '~ICEIlSEO BlISlNESS P.6, . P!.U 8001( PG. , P....GE p~ . PROFESS J c:mt.. Sl!RVEYOR a WAPPER . C,R. . COUNTY ROAD O.R. , aFFICIAl. RECOIlO SHEET .LOF .L ~ ..:....~ L I I ./ I I ~ I I ",I", ~ ~ ~!~ ~i5 ~~ ':j!!l.J f.,;~ ~ g, ~ " ~~ ~ h~ ~~ n- ~~ ~a ~ ~ ~ I =-=i~;:"" JOeL C.JlcGCc. PSJI PRCi'!.S$X)NAl. SVRlfYDR AND I/l.PPEI? FWRID.I. CERTIFK:AJ'!. No.5430 ff~American 'IIr&: Consulting Engineers of FlorIda, LLc 4111 Land 0' Lakes Blvd. Sulfa 210 Land 0' Lak.s, florlda 34639 Phona: (813) 998-2800 Fax: (813) 996-190B C.rtlf(oat. 01 Authorlzal/on No. 7110 RIW U"" C'C:Ji..UER C'OV'NrY DRPAln'MENT OP ~A11ON DRAWN BYI JCl./ CHECKED BYI SP DRAWING DATE. OS-IS-05 EXHIBIT~ A _ Page~LfLf _ of~\ 2~ 16B'~ OR: 4087 PG: 102~ SECTION 8) TOWNSHIP 50 SOUTH, RANGE 26 EAS! COLLIER Co.UNTY, FLORIDA PARCEL NO. .l~B , PROPERTY OWNER: 524 BROADWAY COMPANY, loP. REFERENCE: O.R, 1245, 'PG. 902 = AREA OF TAKE: JJ:10 ACRES :l: FRANCISCO & ELIZABETH LOVOS O.R. 3440, PG. 0260 o o + C'4 OJ :.:: · r-... ';)0 'i')oi :-t-'cg 8~ ::?; 85- -Jt<J ,..J ~e) ~n... Q::~ Y) ~. lJj~ -.J (t;. ~~ u, ~; N'~ ~ ~ (j V) 524 BROADWA Y COMPANY, L.P. O.R. 1072, PG. 875 o o + o OJ 'en . &..r-, ~ m +3.14 50.00'R 3:: a n:: ~ ~ CIJ, X lJj kJ ~ .bi ~ >- !!2 ~ CI) ~- -a t:t<J ;>-~ he) "<(Q. Q. a~ ~<o lC,) l--C'\f [1Ja:: Cl::lci .0 0::: ERPETUAL, NON-EXCLUSNE R AD RIGHT-OF-WAY, DRAlN.\GE AND UTI LIlY EASEMENT_ _ '--- , PARCEL 1QQ . PROPOSED R,Q. w', 'DRAINAGE: AND UTlUTY'E:ASE:MENT (0.10 ACRES :1:) 524 BROAD WA Y . 8 COMPANY, L.P. d; O.R. '1245, PG. 902 co 25.00' .~ ~ .~ ~ c::::t" --- -j I a d 0:::~1 . '~d' ,~a::~ +34.34 f: '8 . 50.00'R <: C ===> . I a :.:: \..) I ~ c::L. . ~ c:> MICHAEL & RUTH HUGHES O.R, 2218, PC. 1409 o o + to co · 0 !+~ ~o . /'., 8C'o; ::?; ~ CQ ~ -~ aeCQ ()2~ N %~co :::JoQ) cS Q. () .'-7 I I P.O.C, = PblNT Or=- COMMENCMENT P.O,8, = POINT OF BtGINNING R.O,W. = R!GHT~OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: .....~ ::::tiGNOLI ......!:::) :::::i:JARBJJJR & ......13 ...... ...... RUNDAGE,UfO. Proles3'lanal englneer3', planners, .\( land surveyol1l Colll.. countYI SullA 200, 7~OO T.,,,I'm1 Trl1l, North, HopI.., TL ~10e (2eg!~g7-e111 r... CountYI gg90 Cooonut Ro.~. BUllA !O~I Bowl.. SPM[r, TL ~le~ (239 9~e-ee33 C.rllClo.to or AU!honhUOI1 NOI, Lll e~e4 >.l1d. I:l! ~ee" lOXl (2eo ~3e-2203 " .J,,:;t~.~ ~.J/:.'\ . LEGAL DESCRIPTION AND:";SK:trC:H SHEET 1 OF 2 OESCRIPTION: PARC,EL 1E.g', . <'';'':.~, 'j .~\ ,<\". CLIENT: COLLIER COUNTY TRANSPORTA'T),ON" DIVISION . ~ I. r. ~ BY: , , ,GEO E', <~H, ,,~KNEY, . :~M. NO. 5606 SCALE:_ 1" == 100~ "'DATE:' MAY 6. 200l2. PRAWN '8Y;~, PROJECT NO,: S081-CBR ACAD NO:.907J,-SDiO.9. FILE NO: 9QD. EXHfBIT_ i _ Page_ if S-' of",,--/ c1_ SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA OR: lof?~: lJ6 LEGAL DESCRIPTION OF PARCEL !'cQ.Q LEGAL DESCRIPTION (ROADWA Y; DRAINAGE AND UTiliTY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY; FLORIDA, BEING MaR" PARTlCULARL Y D"SCR/8m AS FOLLOWS; TH" "AST 25.00 FEET OF THAT PARCEL RECORDW IN OFFICIAL RECORDS BOOK 1245 PAGE 902 PUBliC RECORDS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; <:::> ....0 ooo::::t" (V") ,PERPETUAL, NON.exClUSlve ROAD RIGHT -oF~YI DRAJNAGE AND UTJUTY EASEMENT . ~ ~ ....0 ~ r:-t c::::I"' p::; c::> '---, ....~ :~::tlGNOLI .....13 ..... ..... ARBER & ......13 ...... ...... . RUNDAC.I!:,lXo, PrOfessional engineer:s, 'Planners, &: land llurveyor~ Colll.r c.unt,., 8ulu, 200, 'l'-iOO TatnJuuJ, Tuu, N'rlh, Napl.., 1L ~Ho~ (2~9J~a7-~Hl lA. C'UtltYI gggo C'.onul'liI..d, Suit. 103: nol11la llprtnr', 1L 3H3~ (2~9);411-eee3 C.rUtl"u, of J.ulhorl,,,q.[on 1(0.. LlJ ~eH ""4 J:B ~'8~ llXl (21;)ee8-220~ BY" . '. " - /." ..,'::," '. ;:,7,:'~ .(' ~ ::; '. GEORGE:. W~".~:A.C.KN'~i() P',$,.M. NO. 5606 ' "',...'~, '1. '.. ," '\ " I _, . SCALE: ',"., ,'.0.T:[:, 'DATE:.:_:.'MAY 8. 20QQ DRAWN 8Y:~ PR.OJECT' NO.:BOB1-CB.R ACAD NO:..8073-':'Sb10.2:\ . FltE NO: !LD73 ' .' ....,. l .1 ~" .: EXHJf3J::r.-,- . 0 . Page--.'-I~_ of~ /~ OR: 4!7~P: lOJ SECTION 8J TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNT~ FLORIDA . P ARea NO. Jti3 PROPERTY OWNER: ~24 BROADWAY COMPANY. LI>. 8 -+ ~ 01 l ~.~ N ;..., O :j . G V) REFERENCE; .Q,R. 1072. PG. 875 AREA OF TAKE;..Q,10A.Q..1@ ':I:' FIRST HAITIAN ALLIANCE CHURCH O.R. 2735, PG. 2800 ----- 3;;; ,...j lz.J(!) ~Q. G::: '<::f- ' ~~ --.J G:::~ ~ci (j FRANcrsco . & ELIZABETH La vas ERPETuAL, NQN-i:xCLUSI\!€.R. :3440, PG, 0260 R . RIGHT..QF_~y, DRAINAGE AHa UTJUTY EAsEMENT -- --- --- ---- o o + C'-/ 01 ~ PARCEL 1&3 PROPOSED R.O. w., DRAINAGE AND UTILITY EASEMENT " (0.10 ACRES ::1:) 524 BROADWAY COMPANY, L.P, O.R. 1'()72;' PG. 875' } 25,00 + 72..62 ' 50.00'R , -r-f \...0 ~.. ~ o o + o 01' :s: c:5 Ci ..0 ~ CI) K lJj ~ [3 V) ~ ).. ~ 0::: ~ ,....) Gi- -a r:-Ir<; .....~ ~c3 ~Q. Q. a' ~ ijS . f-.~ eJn:; gsci G::: ,~ c:::L. '-.0 -r-f -r-f c::::f1 ---- +3.14 50.00'R --, 524 BROADWAY COMPANY, L.P. O,R, 1245, PG. 902 o o + DO DO ~. ~ C) --- , ~ i'-.O ",,0) ~5 . i'-. 8"J =<: ---- --- I I MICHAEL & RUTH HUGHES O.R, 2218, PG. 1409 o o + lO DO I I , 'h I 0:) ~ ~tb ~~ a u(!) 'Q. 8], -- -Ja c5a u- a::: a .....~ .... .... GNOLI .....33 ..... '..... :ARBER & ......13 ....... , ...... RUNDAGE,lllC. Protesslonal engineers, plannerS', &. land: SUrveyors CoW.r CountYl Su(t.e 200, 7'00 'l'omllln{ Trill, North; Nlpl", 1L 3i10S {23Pi~P1-3111 1.0. CountYl gggO Oooonu, Road, gUile 1031 ~on{l.e Spl"i.tl,r, 11. 3H3ft 2!P P~-ftee3 a.rUlloat< of AUU,orl<ll(OI1 Nor, IJl OftH lI1d tB 3!H lUl 23P ftSe-U03 P.o.C, - POINT OF COMMENCMENT . P.O.B. ~ POINT OF BEGINNING ., ,,' ". .' R. O. W. ~ R I GH T - OF - WAY LEGAL 0 ESCRIPTIQ~'_ AI\ID SKETCH SHEET 1 OF 2 THiS LEGAL OESCRH'nON AND SKETCH PREPARED BY: DESCRlnION: PARCEL Qj ,,' "., ',. . "" . CLIENT: COLLIER COWNTY TRANSPORTATION DIV!SION . . , ,. .. .. , . " BY:, : , G,EO' GE W, HACKNE.Y, .S.M. NO. 5606 SCALE: 1'; = 1 Q[" 'D'A'TE: MAY 6, 20Q.Q. DRAWN' BY:,~. PROJECT NO.:B081-CBR . ACAD NO: 9'073-0501 O~ FILE NO: 807..Q. .. SteT/ON 8, ToWNSHIP 50 SOUTH, RANGt 26 [AST COLLIER COUNTY, FLORIDA 1':.XHJBIT_ A~, Page___ '-17,- of ?-L 3 OR: 4087 PG: 1028 n LEGAL DESCRIPTION OF PARCEL /[(3 LEGAL DESCRIPTION (ROADWA Y, DRAINAGE- AND UTILITY EASEMENT) ALL THA T PART OF SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA, BEING MORE PART/CULARL Y DESCRIBED AS . FOLLOWS,. THE EAST 25.00 FEET OF THA T PARCEL RE:CORDEO IN OFFICIAL RECORDS BOOK 1072 PAGE 875 PUBLIC RECOROS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRiCTIONS OF RECORD; ~ c--.J ...0 ~ ('Y"") .PERPETUAl, NON-EXCLUSIVE ROAD RfGHT ..QF-'ALA.Y, DRAINAGE AN:) UTIUTYEASEMENT ~ ~ ...0 ......... ......... ~ ~ c::> '-7 :fHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: Or 2 ....~ ::::tiGNOLI . .....13 ..... ..... ARB1!:R &: ......13 ...... ...... RUNDAGEJ,tKa. I'roteS'slonal engIneers, planners, &. land Ilurveyors Colll.,. COllnt.;n 1l'u114 200,. 74,{]0 'l'lJnJlJnJ 'l'1l1J, Hoti.hr H.pI.., YL ~1.~ (2'Il~)1l~7-HU L.. COUl1t.;n gggO CO<lonn11lo.d, MIA 1.01l1 llol1il& Iljo~, 7L ll{11l.'l (2Ilg)~-aeell Cerlltlo<t.., ot AllU,otb'UOIl 1(0.. Ul ~ I.Ild Iil Ile~ Tut (EIl~lUll-2201l BY;"~' :".,. '. . . . . .' EOR,qE w:, ':H C NEY, "P,S,iv1, NO. 5606 "SCAU:;~.~~,..:. ,'. FI,T.si> i: .bA*i~MAY 6, 200.2 'DRAWN 8Y:~ PR()'~~:CTNO.:1i.QB1-CBB.' AGAb. NQ: 9 Q73.,..SDfQ.a": ':~:~!L,F: NO:_ . 90U . . .':' "', ....: .,., ~... "..t~':').I,.. ::-~:"'~"q!~~ .:.~... :"""31~. ~ m '-.0 qoo m t..? ~ '-.0 ~ ~ qoo p::: c::> '---7 EXHIBIT A _ Page_Lt? of /:1 PERPETuAL, NON;'EXClUSIVE ROAD R1GHT-QF_WAY, DRAINAGE AND UTILITY EASEMENT OR: 417~f: 10~ PROJECT NOI 60101 PROJECT PARCEL NOl 124 LEGAL DESCRIPTION .AND SKETCH -=Z PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA -------..L-.J----___--L.L__--z.__ __ ---IliJLJJ!!'_ ~ Ii'll sw ~ if S<<:tlOfl B~ODNTYJ3ARNl3:..0AD 1If: ~ if Ii'll sw Y.I if S<<:tJOfl B (C,R. 268) weST PROPERTY LINE '" eASTERLY RM LIIIE: Of" , 268J _____ R/W UI>3 LEO~~ OESCRI PT I C>>l - PJ.RCE~ He, 1 ~~ THE EAST' 50 FEET Of' THE WEST 100 'E.ET Of' 'THE FOl.~O_IHC DESCRIBED PROPl::RTY, 11M UI'tJ__ THE HOlI TH 1/2 Of' THE HOlITH t /2 Of' THE NE 1/. ' Of' THE sw I /~ Of' SECTlC>>l a, TOIIHSHIP 50 SOUTH, RANGE ~6 EAST, COl.~IER COUIITT, F~OflIOA. 6 R/W U;;'- ------------ ----~--------------- - "'--.,. - - - - EXISrtllG CRAIl/ME, UTILITY J:ASEIIEHT '" ~ ~ ~ ~ ~ ~ ROBERT & PATTY FLICK ~ 'll :;j FOLIO NUMJ3ER: 00402920005 ~ ~ ~ Q,R. 2560, Pd. 2301 !l ~ Il.; ... ... ~ ~ '~ ~ ,Vi LEOEIID. RJ1f . RIOHT Of' _AT Ls '~ANO SURvt'rOO ~B . ~ICENSED BUSINESS P.G. . Pl.AT BOOI( po. . PAOE PSI,( . PROf'ESSIC>>lll. SlJRytyOO a IoIAPPER C. R. . COUNTY ROAD O.R. . Of'FICIAl. Il!COOO ~ ::::t EAST PROPf:Frrr Ullf: SHE:er .L OF ..L ~ ~ -- ~~ \:l ::j ~ ~ ~ ~ r g;~merican ~ 'Il:rA: Consulting Engineers of Florida, LLC' 4111 Land O! t..ak.. BlVd. Suit. 210 Land 0' Lokos, Florida 34639 ' Phona: (813) 998-2800 Fax: (813) 998-1908 Cartlflaat. or Authorlzat/on No. 7110 J:JEL c."JJcae c, PSM fflLFESSlJ/(N., SiJRVErM ),ND JJIPPER FLORIDA Cf:FfTIf'I:ATe No. &otJO DRAWN BY, JCM C'Ol..i.mR COVNrr DBP..tRTMENr 0/1' T1UNs.Poin' A. T10N CHECKED BY, SP DRAWING DATEr 08-18-05 SCALE. I". J 00' EXH f StT _ ;CJ. Page~ of--2;L '1 6 <1; OR: 4087 p~ 10'30 SECTION 8) PARCEL NO. )~O PROPERTY OWNER: lRANclsco & ELIZABETH L.QYOS REFERENCE: ..Q,R. 3<\.<\.0, PO, 0260 AREA OF TAKE: .Q.10 A!",REs ~ TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNT~. FLORIDA I.. \ . .~ :'. \ .' LEGAL DESCRIPTION ';1,A,N'Di'~ SKETCH SHEET 1 OF 2 DESCRIPTION: PMCEL I "\::- ,;'.': " . CLIENT: COLLIER COU~.TY .TRANS~O~T;A:r!O "', lVISI,QN ' 't. , ' BY; v FLORIDA APARTMENT CLUB NAPLES O,R. ,2852, PG. 1054 8 4= en FIRST HAITIAN ALLIANCE:' CHURCH O,R. 2735, PG, 2f300 P RPETuAL, NON-EXCLUSI-Vg R RIGHT -QF-WA.y. ORAl ~, AND lJTlL/7Y EASEMENT~ - - - - --:-: - o o + N en -=:::::r '-D -=:::::r m FRANCISCO & ELIZABETH LO VOS O.R, 3440, PG.. 0260 : PARCEL 1,9,5- PROPOSED R,O, w', DRAINAGE AND UTILITY EASEMENT . . (0.10 ACRES :1:) 25,00. ~ p... '-D ~ ..--t 0:::::1"" 524 BROAOWA Y COMPANY, loP. O.R. 1072., PG. 875 o Ci + o en P::: <::> ~ ---- 524 BROADWA Y COMPANY, L.P.' O.R. 1245, PO. 902 c o ;t co P,O,C, P.O,S. . R,o,w, = POINT OF COMMENCMENT == POINT OF E3EGINNING .i::: RIGHT-OF-WAY THIS LEGAL DESCR[PTION AND SKETCH PREPARED t3Y: ....a ,.... .... GNOtI .....&3 ..... ..... ARB:ER &: ......13 ...... . ...... RUNDAGE,lNa. Professionai engineerS', planners, & land surveyors Collier County, Bulle 200, 7400 T""lo1XLl 1'1'1.11, Horthr HOPI.., n. S"a! (2SP)~P7-~l!1 L.. 'CountYl gggO c,conut ltood, Bulle 10S1 ll.!tiu. Sprib(r, n. SHsa. (2SP)g~_S!!~ Cel'lltlo.t.o or AUlhoth,Uon Nar, 1.ll a"", lll1d kB "0"' I'UI (2~p)a""~220" [ I l ~~ I~a I ~,c2 )...,a f-O ~C () -JO + 0,62 50.00'R ~ a ~ .=:: C!l ~ r-.. ~ f'j a Cf) ~ fti -. :'1-\0 Q g"l :;: [ ~ ~ .~ N~.~ G iJ) Lu ;2::' [j trj Q5 >- ~ 0:: ~ [5- -Jt'<J :-J ~~ O::~ G3~ -J 0:::; ~~ ~() :0:: D_ -0 iiI'<) C\J to "<:(Cl Q. a' tid<o ll') hC\J [5- Q:)G:; aa 0:: ~~ .:"1', ;;!a , K gC'-l :;: [ . I I '.' W. ACKNt:y ,3.M:. NO, 5606. SCALE: 1" - 100', :ti'ATE:_~~AY 6, 200.12. DRAWN BY:--Mti PROJECT NO.:BOB1-CSR ACAD NO: 9073-S01 QZ . FILE' NO: ,9073 .r' EXH1BIT_ A-~ PagelS"O _ of_ '?~ ~ 6.Q ~ J" J tJ -' OR: ,4087 PG:I031 SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL Jr9S LEGAL oESCRfPnON (ROADWA y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OP SECTION 8, TOWNSHIP 50 SOU7H, RANGE 28 EAST, COLLIER COUNTY, PLaRIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; 7HE EAST 25.00 PElOT OP THA T PARCEL RECORDED IN OPPICIAL RECORDS BOOK 3440 PAGE 0260 PUBLIC RECORDS O!-- COLLIER COUNTY; CONTAINING 0.10 ACRES OP LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OP RECORD; ~ U"'") '-D oo:::::t' . m . PERPETUAL, NON.exCLUSIVE ROAD RIGHT -oF.INAY,DRA/NAGE AND UTILITY 'EAsEMENT ~ ~ '-D r--t ..--t .oo:::::t' P::: C> -----, THiS LEGAL DESCRIPTION AND SkETCH PREPARED BY: . . '..:. ~i _ : i" . LEGAL DESCRIPTI.9N AND: ..;Sh'IOJCH .S~.EET 2 OF 2 DESCRIPTION: PARCEL 1.95..'. <:y ... ... .: . CLIENT: COLLIER COUNTY TRANSPORTATJ.QN',; DIVISION . "', .,. , ....!/\. ::::tlGNOLI .....13 ..... ..... AnBER. & ......13 ...... ...... RUNDAGE'lIlo, Professional engineers, :plannerS', &: land su.rveyOI'l'l (lolller (lount,n 1ru.l14 ~aa, 7<<a 'I'oI.l>1J01l1! 'l.....u, Horth: Mopl.., n. U1D,! .(l!llO)~or~3111 IA. (lo""t,n gaaa (l_nat ll<Jod, 1ru.l14 103/ nonj!.o lIp~, 7l. U13l1 (UO)'o<<_!!~~ c.ttit1ool.o ot .lU!.b.or1QUO>1 Mo.. lJ3 ~ Llld llII 3~e" lax: (I!O)Me-220~ t', ~ B~ . " GEO Gr:: W. HACkNE ~.S;M; NO. 5606 '. \ ;, SCALE:_ . N,r:$.;...' D'ATE:_ MAY 6, 20Q,Q DRAWN l;lY:~ PROJECT NO.:l;1081-Ce,a ACAD NO:iL073-SD1QZ. FILE: NO:_ 9j).lJ ~:XHIBIT-L '~ge51 , of 7:J OR: 40a'r PG: 103'2 PERPETUAL, NON-EXCLUSIVE ROADF. '(:HT -oF-wo"y, DRAINAGE ANt'. UTILITY EASEMENT PROJECT NOi 60101 PROJECT PARCEL NOI 126 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY . . (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLffiR COUNTY, FLORIDA SHeeT .L OF .L ~ -==-Z L ~ RIW U,.", -----lJ-l--------------~--_________________________B~_U,.", , Ex.RM I"OR b . CooHTY BN/N RON) (CR. 258) Q IW/ClTH VN//ES) COUNTY BARN ROAD (C.R. 268) "-D "-D c::::t" CV") ~ ~ 'LEa~ DESCRIPTION. PARCEL HO. 126 THE EAS T 50 FEET. c:fo THE lIEST 100 FEET Of' THE FOI.LOWIHO OESCRIBEO PIlOPERTY, "-D ~ ~ c::::t" 0::: C> THE SOUTH 1 t2 Of' THE SE I/~ Of' THE HW I/~. Of' stCTlON s; TOII!!S!IIP so SOUTH, R.IJKlC: 26 EAST, COI.LIER COUNTY, FLORIOA, ----"7 ~ ::::i ~. ~ 0.; ~ CHARLES R. KELLER FOLIO NUMBER: 00402960007 O.R. 444, PG. 31 ~ ::::i ~ ~ ~ ~ LEGEND, RI1r , RICHT Of' WAY LS . LAN(] SURVEYOR La . LlcENSEO BUSIIiESS P. a, . Pt.u aOOl( PO, . PAC<: PSII , PROf'ESS I ONAl. SURVEYOR a IoIAP!>ER C, R. . COUNTY ROAD O,R. , OF,I'ICIAl. RtCOAO EAST PROPERTY UHE t;ltmerican '. 'lira ConSUlting Engln.eers of Florida, llC 4111 Lancl 0' Lakes B/vi!. Sulf. 210 . Lani! 0' L.k.., Plorlcla 34a39 Phon.: (Bf3) 9ga-2aooPBX' (a13) S9a-19oB O.rtlf/oat. of Author/z.tlon No. 71fO .JJEL c.JIit:1:;U. f'SJI fflOF ESSXJI(.... S/JF/VEYOR AND l/APf'!R I'LORIDA. CE/fT /1' ICAJ'E No. 60(.30 C'Ol.LIER. COUNTY D/1P.MlTMENT OP '1'1U.N'sPoRTA.TION DRAYlN SYI JCM CHECKED BYI SP DRAWING DATEr 08-18-05 SCALE. I~.] 00' EXH I B I.T ......d- Page~)o< of I..] SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA PARCEL NO. 111'7 PROPERTY OV.iNER: ELORIDA APARTMENT ..QLUe NAPLES REFERENCE: ...Q,R. 2852. PO. 1054- AREA OF TAKE: 1.30..8.Q.8....ES:l: ~. ~ N~ o ~ J3i d "" '" ~ ~ \ r-- '-D , c::::t" m C3 ct ~ ~ CQlC") ::::)a .,..j -.- U. f-,(!i ;<:0.. ~N f:;:;:lC") , Cl:::Oj '<:l::C'\l ~u: "'{A ~ gs G:: ~ A-. OR: 4087 PG: 1033 . ...... 3'~' .tbb EAST MA TCHUNE SEe SHEET 2 OF :J SEA CREST SCHOOL INC. O,R. 3219, PG. 2683 8 + "" o I r cj ~~ I'<J -.J C'\l' o 00 Do.. VJt<)" l-eo C3~ ~~ :'::c. WO (rj o o + N o ,... [ I ~ ~I ~ '0 I ......:[ ~ - ~~ l a I () I ~~ I !'J , "'JO) :"I- \:2, (S"l :<: co cjCC ~'<:~ F2-c.:5 I=::~o.. CJ) '0.....1, -.". I=:: ~ ~><:1:;~ ClCG C5<:~ ~:::::J lzJC2c:2 d o o + o o ,... '-D ..--t ..--t c::::t" t5 '<(.)- ?;Cj ~ 02 aJ '=H' 0 R$ Cl Crj 0 ~ -:"l: [J + . :;::ltJQ:: CD t;d cj ~ (j 01 Un::_-q; Cl::: -.10 "'l::Cli=::t<') Q.LW~ , , VlQC 0:<: ~-q; &: ~ C> PERPETuAL, NON-EXCLUSIVE ROAD RIGHT ..oF..wA.Y, DRAINAGE ' , AND unUry'EAsEMENT FIAST HAITfAN ALLIANCE CHURCH O.R. 2735, PG. 2800 --- -- L.EGAL DESCRIPTIO.N AND SKETGf:J SHEET 1 OF 3 DESCRIPTION: PARCEL,t87.. ". CLIENT: COLLlt:R COUNTY TR NSR.ORTATIDN DIVISION - , . ' 0'. BY;,' '_'~: &J. ,"'_ GEORGE . HACKNEY, 1='.8. -. NO~ 5606 SCALE: 1" = 150' DATE:_ MAY S, 200Q DRAWN BYi~ PROJECT NO.:13081-CtJR ACAD NO: 9073-'SD1 Q.Q. FlU;: NO: '907;2 P.Q,C. P,O.8, R,Q,W, == Po.lNT OF COMMENCMENT == POINT OF BEGINNING == RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND 'SKETCH PREPARED BY: ....!J\ ::::tlGNOLI .....93 ..... ..... ARBER & ......13 .....'. ...... RUNDAGE,IllQ, Pro[e/l'sional englneers, planners, & land. surveyors Coll!.. CounlYI Bulle 200, 7<00 TunJl.ll11 TuU, NOrlh,'lhpllf, n. 3H08' (2~g)~g7-3111 L.. COu.nlYI gOOo CO..%1\1lllood, Rult. 1031 BOll!'" Bp<ln(" :n. 3US5 (2S;l;'~-555~ C.rtlrJoet. of AIl\hOliuUOXl 1(0'. Lll ~5H end J:B ~55' lu:i (23; 555-220~ o o + OJ o'l I I ~ I l...JI .?; rj ~ >- ~ ~ V) 85- -.J/Y'} N li]c.:5 ::::.(Q. Cl:::~~ ~~ -.J fr.:u: ~a (j l I:'.AMltsl J'~. Page~ of ~ ~oL 1.6. '''' '. , ..1(,., \'," : OR: 4087 PG: 1034 . SECTION 8). ,~ TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNT~ FLORIDA = PARCEL NO. I,Q ^1 PROPERTY OWNER: .E1.QBlDA APARTMENT .QJ!JLNAPlES REFERENCE: .Q.R. 2852.J'...Q, 1054 AREA OF TAKE: ..L30 ACRES :f: = ~ .~ N~ ~ (3 V) 126+00 DA VIS BOULEVARD (S.R. 84) (75' R. O.~) 00 '-0 ~ m [J it ~ ~ Cl::lLD :::Jq ..,..j- U . ~ '-0.. ;<: UJC\)' ~~ ~~ 0... "'(Q;; "'(Q 8 gs ri ~ 0... '-0 ~, ....-t ~ t::t:; c::> o o + N ..- o o + o T- ..- EAST COUNTY BARN ROAD STA, 117+30,67 :: DA \t1S BLVD, STA. 128+82.50 130+00 132+00 128+00 ., o o + co ..- ..- C\l.;-J Q)a l('ja ~g ~~] ~ ~I +/:2 of;:} -.1_ -.J~ 0' Cl)cj 0 $:0.. + "'( -.r S I Cl .. ..- -, ..- ~t'... I ~~ hCl ~~ ~:?i I -.J :'t'co c5~ Cl", <: l)e:i Q 6 C::: __ I ~ I' ! ~ f ~ 'g. <: _ I :::J '--' 1 8 lJJ ~ cj CI) ~l >-1 ~ ~ h ~ fg()~ a.. <: r": "'(-~ Cl:l:;I:~ u'" ~f3(Q lJj:;I:~ tiS U , ('Yo, CJ::: '-l.J a PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-QF-WA.Y. DRAINAGE AND UTIU1YEASEMENT 't5 :<Cf-- ~C5 ~~~+i' :5 ~Q~ + , :<c C3 OJ :-J~LUI:l::: 0 Uw C! i:: ~ ..- Q:;- CJ:::Qf2g ~Q.L.,J:::' . (jj c ~~ O""C 8: p,O.C, P,O,B. R.O,W, :::: POINT OF COMMENCMENT :::;:' POINT OF BEGINNING :::: RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: .....f\ ...... ..... GNOlJ , .....S ..... ..... ARBER & ......13 ...... ...... RUNDAGE,llIc, :Pro!sS'sI6nal engineers, planners, & land surveyors Co1Uor CountYI Suit. 200, uoo Tunll.ll\1 'I'l'lll, Nol"th, !f.P]", TL 3U03 (23;)3;1-3111 Leo CountYI gggO Cooonut Ro.d, Suit. 10!; Bonito. B'prlnrr, TL 3{135 (2!P)P'3-3113 Cortl.rjo.~ or .lulhorl"Uoli No.. L1I 311' o.nd Ell 33H J'u:: (23P)511-2203 ~ a a:: C!l ~ ~ (/) x L,j (j'~ ~Q:) (Q c5~ a~ .t5 a.. CI) , h~ f:3.~ ct: Ute: ~c:i Vj LEGAL DE~CRIPTION AND. SKETCH SHEET 2 OF 3 DESCRIPTION: f'p:,~CEL J J.r' , CLIENT: COLLIER. COUNTY TRANSPQRTA TION .DIVISION BY: ~~-<~~ = "GirdRt;E w'" HACKNVr, P;S,M, NO, 5608' SCALE: 1" =; 150' '.DATE:_ MAY IL2..QQ.Q DRAWN ElY:-:..J.Atl PROJECT NO,:B081-CtlR ACAD No: 9073-SD1 05A FILE NO: 907~ 0' o + UJ o " MA TCHUNt S~~ SHEET 1 OF J EXHIBIT~ A_ Page57' _ of-2J .. ! t.,. "~~, ',"" . ,I, ..~) OR: 4087 PG: 1035 '2' '}, ,/ I;ff"" SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL -1iii.7 LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDED iN OFFICIAL RECORDS BOOK 2852 PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 1..30 ACRES' OF LAND MORE OR LESS;, SUBJECT TO EASEMENTS AND RESTRIC770NS OF RECORD; CJ""o ' '-D -=d'" CVJ. . .' PERPETUAL, NON-EXCLUSIVE ROAD RIGHT ..QF-WAY, DRAINAGE AND UTILITY EASEMENT ~ P-4 '-D 'r""'I 'r""'I -=d'" p:; C> ~ .....,!/\ . ::::H..GNOIJ ......!:) :::::U~EER & .......(3 ......... ...... RUNbAGE,n.:o, ProfessIonal eliglneers, plannerIJ, &: land. surveYOl"ll OoW... OOI1l\t.;n Sullo 200, 7~0 'tun!un! 'rraU, Northl N.pl.., n. U11lll (2Jlg)8gr-Sl11 ' to. OOtull;n gggO COOOllut Rod, lfullo 103: Bolllt.& 8p~. n. Ul:l6 JUg)~-855~ O.riit1o.t. 0/ ..lu!horlnUoll HOI. UI ~ U,d III 344. rUl (Ug~-2203 LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 1,!1 '. . CLIENT:' COLLIER COUNTY TRANSP.ORTATlON DIYIS.lON \ . " , , B':n} , "G SCAlE: . N:T.s." 'DATE:: MAY 6. 20QQ. DRAWN BY:~ " PROJECT NO,:.B081-CSE, ACAD NO:.9.073-SD105A FILE NO:_9073 ~'l ;~~. ~ t, t, / OR: 40'sf7pG: 1036 EXHIBIT A P8ge_ss-_ ~L J;)- - TEMPORARYORNEwAY RESTORATION EAsEMENT (DURATION: 3 YEARs FROM COMMENCEMENT OF CONSTRUCTION) TOWNSHIP 50 SQUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHlJNE SEE SHm 2 OF ,J Sf A CREST SCHOOL INC. O,R. 3219, PG. 2683 SECTION 8, PARctl NO. .227A PROPE:R7Y OWNER: flORIDA APARTMENT nus NAPLES REFERENCE: j),R. 2852 PO, 1054 = ---, ~J No ~ C5 V) o o + '<I' o ~ I- bl:<: I'-.:<C~ C\i~lil c:o~:-<: ,...jClLU t3eJi:: ct:V)~ '<(o~ Q& g:~ "<: c::> [-- ~ CV") o o + C'l o ULU I'-.cj ~)-: Cl G:ilil ua ct: .0... ",0 o..&: ~ 0.... ~ n.: ~ "f- ~i8 ..J- u . 0 I-Qi 0 <:0. 2; ~~. 0 ~~ ~~ '<( c:i . Sl gs r;:. \..D ~ ~ ~ ~ C> '"---J o o + ro 0> 1.1Hf:. L1 L2 L3 L4 L5 L6 L7 L8 LINE': TARlE illI.fn1::J. EEABil:ffi 25.01' N 89'34'58" W 10.00' S 89'56'53" W 56.22' N 00"43'31" W 10.00 N 89'16'29" 1: 82.00 N 00'4.3'31" W 68.00 S 89'16'29" W 82.00 S 00'43~31" E: 68.00 N 89'16'29" E: o o + . <D '0> 18 ~I [0> F7RST HAmAN ALUANCf CHURCH O.R, 2735, PG. 2800 ---- 6' o tri \21 Cl d ct: ~ ~ t ~ 8 --.. :t: c:i .r il '-I I 1 :l:: ~I ~ ~I o "" cs <:g: -I<) c5t\1 oC!5 Do. C/) 1<)" I-(j) f:3~ Cl:: Uc:c: \50 Uj b o <ri "l ~B ~~ +~ I I L "1 -.I '" '-' -.'-' '"';0 tOo +~ :l:: ~~ ,.,'" I ~~ g", I "" j b! ~ ;,: ~h cO ci ~C5 ~ 0: J I'-.ClaJ :l:: >- r ~),;'V) . Ii:! r- ~w Pi ~ "1 ~ G:lCl>- ;ot- 0 U6~ 0 ct:ll::F:: "" (>) I a::a~ ~ ~i blCl V) a<: t3 bl 0..."<: a fii g: >-[ b ~I 0 ~ ~I (j) GOO l:!<:C\i ~-C!i i::~Q C/) <: i:: "';j-' -'<((j) <:~I<) lJ,J~1<) Ao , .....Li:.ct: c:i L1 81- ~r: :::.c:~ ct: ~f ~"';j- ct:c:c: '~c:i U 10"') "10 G 0;:; c:i +10 a: '. I -1 T,D.R.E; == TEMPORARY DRiVEWAY RESTORATION EASEMENT P.O.C. ~ POINT OF COMMENCMENT "= BE:ARlN"S ARE: BAS", ON )HE: SURVE:'( BASE:L/N' P.O.B. ~ POINT OF BEGINNING OF COUNTY BARN ROAO AS BE:lN" N 00'40'3'" W. R.O.W. ~ RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCflrPTION AND SKETCH PREPARED BY; DESCRIPTION: PARCEL 727A CLIENT;' COLLIER COUNTY 1RANSPORTATION DIVISION ....~ ':=== GNOLr ..... . ===== ARDER &: ......Bi ' ...... ...... UNDAGE,1><" P.rolellllion.e.l elliinu:t'lJ, plannBN, & la.n.d 1\1r'T8:ron :::'~~~.Uld:.::i ~~ r::t=fC>j'htlI,~~~: :::: ~t~ f=~:i-::;; c.rU.a6&l.ll At ..L.O"'uu....uoc. HM. tI uu Q" :ar M54. 7&:1:: {at)eM-tIo3 BY: GEORGE W; HACKNEY, P.S.M. NO. 5606 SCALE: 1" = 15[, DA TE: .!iAN. 24, 2006 DRAWN BY:-->i6tl PROJECT NO.:BD81-CB.R ACAD NO; 9073-SD72'U,. FILE NO:--.llirQ. 0' t) ,.~ ,.- OR: 4087 PG: 1037 EXHlalT_ A ~_S0 of led- - - - TEMPORARY DRIVEWAY RESTORATION' EAseMENi (DURA~: 3 YEARs FROM COMMENCEMENT OF CONSTRUC'rJON), SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 727A PROPERTY OWNER; FLORIDA APARThiEHT CLUB NAPLES ..:: REFERENCE: ..Q,R, 2852. PO. 105+ 126+00 ~; N~ ~ 2:3 V:l 128+00 COUNTY BARN ROAD STA. 117+30.67 = DA'tls BLVD, STA. 128+82.50 130+00 132+00 DA V7S BOULEVARD (S,R, 84.) (75' R.O, W,) ----..... - - ~ - - -- 10 ----0____ +1 I~ :t: 1--------- J I. ! 7 <r-t ..-- c::::t" m ~ .::::Lo "-0 <r-t <r-t c::::t" ~ c:::> - i' t3 a: ~ ~ CO\() :::'0 ..,J..... <.J . ;:: f-(!;) ;;::::0.. ~fiJ 0:::00 '<C"l 0... '<CO::: '<Co Sl ~ ri .L1f1E. L1 L2 L3 L4 L5 L6 L7 LB LlfW TABI f. llils;IH ~ 25.01' N 89'34'58" W 10,00' S 89'56'5:'- w 56.22' N 00'43'31" W 10,00 N 8!J'16'29" E 82.00 N 00"43'31" W 68,00 S 89'16'29" W 82.00 S, 00'403'031" E 68,00 N 89'16'29" E P>~ ~~ g", <:: C,)~ -.J_ -.J"l 53C!i '<CQ. t:::'.l~ lli-~ ~ti C,)d o o + ~ >: :<( I- I'-..~c::,;<; t';Q<:;:g -'<('<(lij O,..(Jj ,...jCl::(5:<e ~6J"<:LU O:::(;j~~ '<C 0 r?:::; Cl..~oro: 0:: :::J 0.; I I C) I d J ,""",I Cl::: ~l I ~ 0 I Cii ti g/ ~ "0 I ;:21 ?5 "I lG 8 o o ;!i I- trai 1'-..:<':;::;; t';~b\ tl:lr?:<e ,...jClLU t50r:: Cl:::8~ n:~:::J Cl::~ a..'<( :::: o o + <1:J o SEA CREST SCHOOL INC, O,R. J219, PG. 268J o o Ct:iLl.i 6 K<J ::: ~l,j--.~l-' KCl::-H 0 R: c:j Yl r;J b\ l-'4JC,)o (tiSl3 O:::~ 1E~::a:g: ~~;;; g 0.. g: '-' + co o f- ~ ~u~ Cl.. ;;:::: ,01 '<C-'" co:;r:Cl.. U" ~!5tQ lLJ:;r:"t eJun:: CO ci cd ",I o ~I.J, c.: -!") g ~tti 2181 ~. MA TCHUNE SEE SHEET 1 OF J T.D.R.E, = TEMPORARY DRIVEWAY RESTORATION EASEMENT P.O.C. = POINT OF COMMENCMENT = BEARINGS ARE BAsm ON )HE SURVEY BASEUNE P.O.B. = POINT OF BEGINNING OF' COUNTY BARN ROAD AS BEING N 00'43'31" W. R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF " THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727A CLIENT: COLLIER COUNTY TRANSPORTA nON DIVISION ....~ ::::H.CtNOLI .....0 ==miUARBER &: ......& ...... ...... UNDAGE""c, Pro!an:l.one.t enginee:nrl pla.nnerr, &: land lUrTByors ~~~:'t;~':l ~ 1~";-~"i:'~: ::: ~::: i::/:rr:::ii CutlJ'he.1A 6! J.-Uu.~ti6e. H'M. UI 36U &Ad. D W4.4. hm (&hl6H-~ BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1" == 150' DA TE: JAN. 24 2006 DRAWN BY:--I16J::L PROJECT NO,: 8081-CBE. ACAD NO: 9073 SD727A1 FILE NO: 9073 OR: 4087 PG: 1038 EXHIBIT~ ~S7 of 7d 1. ,",'. ,.,1..1 , t < , .. ... ' ; "":::/', 3' " , TEMPORARY ~IVEWAY' RESTORATION EAsEMENT .' (DURATION: 3 YEARs FROM COMMENCEMENT OF CONSTRUCTION) SECTiON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ----, c--...J r-- ~ m ~ C) LEGAL DESCRIPTlON . (TEMPORARY DRIVEWAY RESTORATION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIA'L RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBLIC RECORDS OF. COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O. W.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE: OF 706.30 FEET: THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 00'43'31" WEST A DISTANCE OF 82.00 FEET; THENCE SOUTH 89'16'29" WEST A DISTANCE OF 68.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 82.00 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 68.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; ~ p... \..D T""'"4I T""'"4I ~ --, CONTAINING; 5,575 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. LEGAL DESCRIPTION AND SKETCH SHEET 3 OF -3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727A ' , CLIENT: COLLIER COUNTY mANSPORTA TlON DIVISION .....!\ ====tlGNOIJ .....8 ..... ..... E:BER &: ....... ...... ...... UNDAGE,IlIc. Prot...lolUll 'Dgin.."" p14nn.nr, &: land ln1rnlyonr C6D.1.tr Co1:1.a.t.n 1Iult.. !OOI 'UGCl 'toUllJl.DlJ. 7ran., N~- x..,u., :n. 341c.a /2M>uT-Ul1 x.. C41Ul,!.n HJa eoooaut 1W.d. 'nit. 1MI .3oa.Ila. Itpri,a,p, l!. a4111 at}t./.4...N$S C*l't.l..d611.1.4 oJ .J.uu.....t....u.1l 11... UI J6N. .....4 b ~ J'u:l at)lle-~ BY: .G~ORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: N. T S, DATE: JAN, 24. 2006 DRAWN BY:~ PROJECT NO.: 8081-C88 ACAD NO: 9073-SD72761, FILE NO:~ EXHIBIT A ~ 5"8 of !-J OR: 4087 PG: 1039 6B 3 TEMPORA.RY C0N8TF;uc ('JC;>f.J L~J!..SEMENT (C",;:'./"TiOt,! 3 YEARS FROM COMl\tlENCEMENT OF CONSTRUcl'toN) SECTION 8, '- PARCEL NO. 7278 PROPERTY OWNER: FLORIDA APARTI.lENT \ CLUB NAPLES . REFERENCE: .Q,R, 2852. PG. 105+ AREA OF TAKE: 0,08 ACRES :I: TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHUNE SEE SHffT2 OF :3 SEA CREST SCHOOL INC, O,R, .3219, PG, 2683 ---, ~~ N';.... O ~ C3 V) m ['-- o:::::t' m f2 0: ,~ "l- . ~~ ..,.j- U (j 0 I- a.. ~ ~ - g ~~ u::OJ '<C~ ~c2 '<Co Q 1E a ti ~ p... '-.0 .....-I .....-I o:::::t' ~ c::> ---, 1.If1E: L1 L2 LJ L4- L5 L6 L7 L1~ lff:I.fllJ:J. ~ 25.01' N 89'J.4.'58" W 10.00' S 89'56'53" W 56.22' N 00'43'31" W 2.00' N 89'16'29" E 82.00' N 00'43'31" W 5.00' S 89'32'28" W 3.00' N 89'16'29" E: 10 o + 1'21; FIRST HAITlAN ALUANCE CHURCH O,R, 2735, PG, 2800 ---- = o o + -r O' ~ I- ~C5 1'-..:0<::;::;: C\j~t;J Cl:l.~:",: ,..JClLW ~&JE U::Vlr::! '<Co::> a.. & Cl::~ Cl.....;: ~ U:: ;, ~ t.)' ;S ~' .... 81 C ~ a u c.5 3:~ c5~ 00 Do.. (/)1<)' l-(Q [;}B U:: uei 15c:i Vj o o to Itl, Itl.. '....... ~ c:i . r il '-'I I I <: 'b 0 0 tri ~8 "l 0 U4.j + NO, C'l f'...rJ ~:g 0 ~f,..: tj~ 3 uo U::iS ::J . ::8 <l::Q:: <cio Qu.. +!Q I I l '" to c.5OJ ~~~ ~;C!i f:::ao.. (/)f::: ~'<<:~- Q~ a:i<:1't"J a::::l UJt:ei c:i p;~ ""0" ,.~ 8"l :<: o o + OJ 0"1 ~ g ...;: <<i ~f- R ~i'5 !'-.ClaJ '" 2:! ~Vj ~ ~4i ~ t;]o>. ~ o6~ 8 O:::Q::~ :<: Q::J:l::> bjCl :t~ o g: , ~ 11 t;j l'l ~ >-j ~I ~I eJ- ;::j1't"J ~~ U:: ~. ~~ O:::ei ~c:i ;;:: o ~ >- ....J ~ [2 ;;:: (!l ~ Vl X Llj o o + <D 0> [O-.J ""0 o oi~ c:i +Ii) 0.:' I -I p,O~C. P.O.B. R.O,W, = POINT OF COMMENCMENT = POINT OF BEGINNING =:: RIGHT-OF-WAY T.C,E. =:: TEMPORARY CONSTRUCTION EASEMENT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ :::: GNOIJ ..... ::::: ARBER &: ......![:,--. =:=:==URUNDAGE~c. P.ro!f!ll!lIdon.a.t engineers, planners, de land lJ\I.rnyonr C6nt.q. ~l.7t JuU.. lOa. '14~ 'l.....UIll ~ H6I'tAr }f"Jol.M, :n. Uloe !23:t)5n..uu Lw ~...~":t ~:~:::,"ri~ ~~, It...,.: ::l:::::: ./Y.QJr;. BEARINGS ARE BASED ON mE: SURVEY BASE:LINE OF COUNTY BARN ROAD AS BEING N 00'43'31" W. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 7278 . CLIENT: COLLIER COUN1Y TRANSPORTATION DIVlSION BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1" == 150' DATE: JAN, 24 2006 DRAI'IN BY:-->im PROJECT NO.: BOB1-CB.R ACAD NO: 9073-SD72Ia FILE NO:-illLU. OR: 4087 PG: 1040 EXHIB'IT A Page 59 of ') J. 'TEMPORARY CONSTRUCTION EAsEMENT (DURATJQN: 3 YEARs FROM, COMMENCEMENT OF CONSTRUCTION) , '- SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DA \liS BOULEVARD 1 -1S:..,R:... 84-) (7!!.:.3.0. W.) PARCEL NO. 7278 PROPERTY OWNER: FLORIDA APARTMENT CLU8 N APLES ..:: REFERENCE: ,O,R, '2852. PO, 105-4- AREA OF TAkE: 0,08 ACRES ;, 126+00 '---' ~.~ N~ ~ ~ (j U) 128+00 COUNTY BARN ROAD STA. 117+30.67 = DA\i1S BLVD, ST A. 128+82. 50 130+00 132+00 , 10 ----0____ +1 I~ :t: p,~ ::f~ 2"l ::.: O~ -1_ -1C'o; ~<!i ~,CL . Cl '.' e3~ -i'<) ~r:t:' 00 oo::::t" r-- oo::::t" CV") ~ P-. ...0 T"""""I T"""""I oo::::t" ~ a.. ~ Q:l~ 0 '!:::JQ :j: -J- N o , ~ f-ft rz;, '-'J C'o;' ~1O ~~ ~e;: '<(0 8 Cl:: o ri ~ c:> ~ 1.I11E: 11 L2 LJ L4 L5 La L7 l.INE: TABlE: lftiG11i IlEM1t:1!;;. 25.01' N 89'Jo/.'58" W 10.00' S 89'511'53" W 56.22' N 00'43'31" W 2.00 N a916'29" E: 82.00 N 00'43':W w 5.00 S 89'J2'28" W J.OO N 8916'29" E: '\--------- o o + '<t- >: ~~I::>~ ~a<:~ -d'<(~ ,..JO;:t5:o<: UJ '<(lJj u(ih Q:::(fj-~ ~aii- Q.~Clr.:! 0;: :::J 0..; I '"' 'I ~I 01 ~i I Ie 'l ~ ~ ~ ,'I' ~ ~, :::J ~ 8 I l.Jh <.!>~ ~.~'~ ~;;U1 gst5 c:lar: ~~~~ I~~ Q:&:::J-J ~:;j 0;:1::> +OJ Q.~ I 3:: 8 "" '" ~ ti I ~ ' + ~ LU.u <ci <01 I <.!> 0;: o "0'1 ll) ll) <: ::: :<<:LJ ~;..;tI} "l "l f::::>- t'-:a:: '" LU ~~ ~ c:i -1 51 ~ ILl :t:1 GS ~ t'-:;..; t5g]'<(p; P; I; '" tti'~ Cl::&~ ::f ::fl V ~ ~~ a: 8:-2, g :5 !~~ '<( g '" ::.:, o;;:j 8 a.. Q. L7 + OJ + 10 o - I I I , lJ.J I, ~I ~I ~ L ~i f- ~ f2u~ CL <: rot '<(-"" CCl:;t:CL Ur-: ~g:sc.o l.U:;J::~ 8J U . '" Cl:: '-'J 0 OLJ ~cj F:::;..; ,..J51 t3~ 8 Q:& + Q: 8: to o SEA CREST SCHOOL INC, O.R.3219, PG. 2683 MA TCHIJNE SEE SHEET 1 OF :5 T.C.E. == TEMPORARY CONSTRUCTION EASEMENT P.O.C, == POINT OF COMMENCMENT lJ.QE;" BEARINGS ARE: BASf:D ON THE SURVEY BASELINE P.O.B, == POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'4J'Jl" W. R,O.W. == RIGHT-OF-WAY Lt:GAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS lEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 7278 CLIENT: COLLIER COUNTY 1RANSPORTA T10N DIVISION ....!'. :==:tlGNOLI .....E =:=== f1:BER k ....... ...... ...... UNDAGE".~ P.ro!eni6naI anglilaenr, plannSI1I, &: land Il'UI"ftYUl"l """. ....."" 1101" -, ..'" 7w.ooJ&ml 'I'nll, K..... )(~, l't, 04'" i"'''''''.Ul1 r., ~..~~ ~:~K":.'"r..'":l..~i'i=--' l't, ";';: (::l:::::: BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1" "" 150' DATI:: JAN. 24. 2006 DRAWN BY:---.>!bl::i. PROJECT NO.: 8081-C8R ACAD NO: 9073-SD72781 FilE NO: 9073 EXHIBIT 11 Page_(Po_ -oL?~ OR: 4087 PG: 1041 3 TEMPORARy , CONSTRUC'nON,EASEMENT (DURATlQN: 3 YEARs FROM COMMeNCEMENT OF CONSTRUCTION) -. -------- SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORiDA 10:::: c::> LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE . PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORID'A APARTMENT CLUB OF NAPLES), PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER lYING ON THE WESTERLY RIGHT OF WAY LINE OF .COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DIST~NCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706.30 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555.00 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 82.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; . THENCE NORTH 89'16'29" EAST A DISTANCE OF 2.00 FEET; THENCE NORTH 00'43'31" WEST A DISTANCE OF 256.82 FEET; THENCE SOUTH 89'32'28" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 256.84 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1284 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF ,RECORD; ABSTRACT NOT REVIEWED. ---, U""") I:-- q-t ('Y"') ~ p.... '-0 ~ ~ q-t "----1 LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTI.ON AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 7278 , CLIENT: COLLIER COUNTY 1RANSPORTA 1l0N DIVISION ....tt3 ==== GNOU . ..... ::::: AnBER &: ......En ...... ...... UNDAGE,lIc, Proto"!O""l engln..l'IIo planner., & land JnU'TeYOl'll c.W.u 06ut.rs 8W.la 100, 'Iu.o 'l....u.t 'l'rd1. H'a.rth: xa;.z., J'L 14101 J2M)Is.ry..UU .... ~..r:~ ~~~ ::1."ri~ ~~~, lL"~ l::l:::::: 8Y: GEORGE W. HACKNEY, P.S,M. NO. 5606 SCALf::: N TS. DATE: JAN. 24 2006 DRAWN 8Y:~ PROJECT NO.:8081-CBR ACAD NO: 9073-SD727Ell FilE NO: 9073 '. EXHIBIT A Page_6 ( _ of, ?~ OR: 4087 PG: 10~2 168 3 SECTION -8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 827. PROPERTY OWNER: FLORIDA APARTMENT CLUB NAP.LES REFERENCE: O.R. 2852. PG. 1054 AREA OF TAKE: 0.28 ACRES :l: MATCHUNE SEE SHEET 2 OF' .3 SEACREST SCHOOL INC. O.R. 3219, PG, 2683 0:-1 "JO c.5oi~ d +1O c(1 I -------1 EASEMENT ._ . . ...... .l::lQI.f;. BEARINGS~iARE:..BA$E:D ::,9f.J~rTMf"Sf!RVt,Y. BASELINE OF COUNTY BARM,R.Q.fif)/AS:~~t;{NG'.:N;g6,:4.3.'.3J'" W, '. . LEGAL DESCRIP:fI;O'N<~Nb^:-'sk'E~e.H' 'S~EET 1 OF 3 THIS LEGAL [)ESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCE~~.~82,'7'-' .' ,;, '~'';::. :-, " ' ,. ., I ...... "., CLIENT: COLLIER COlJNT'r::_T~: N~?'aRTAlION.',.DIVISrON"> ~~ N...... O Gj , -J G <n I _ h "c-.;- t5:<: ~ It'i oq;: UJ" 0 I<j ~ l'-.:z:aJ-H 0 ~ _ ~- (tj + OOQ?:<eCJ ~ It.J:il: ,..joWo;: ..--, t t3~~~ ~ ~ 0:: (jj ~ co ;<t-;<t- ~o ~ 0 a a.. Q ::> c:io 0 ~ Cl "-- V) Z Q~ LJ ~ I g I'-..N ll'i ~u 0 ~ t'o...f-,:.... PERPETUAL, NON:-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT 12 -J Q. '<l::: <:~ Cl:ll.f.l :::>a -.J - <.), f-(j <:Q. ll] .. ~~ 0::00 '<l:::~ Q., '<l:::0:: '<l:::d a C2 a li ,..j~ LU(rj ~~ '<l:::O a..Cl::: Q.. o o + 8 LINE: ----, L 1 , L2 '-D L3 r-- L4 ;;!; L5 LINE: TABLE ./...Q!.Q.Jlf. 25.01' 10.00' 7.11 ' .3.00' 2.00' BEARING N 89'.34'58" W N 89'56'53" E: N 45'23'09" W S a9'56'5J~' W s B9'16'29~' W b t5 ~ ~ 0 ~ ~f- ~ ~GS OJ :e i'- 0 ~ O'l " "",, ltJ F ~ >-',(fj ~ ' ~L5 ~ cJQ~ 8 06- ~ O::o::~ <::( Cl .::::J QltJ ViCl (:) 0<; 0 Q. oq;: + a (D Ct: en Q ~ .~, '-D ~ ~ o:::::t" P::: C> "--7 / SOUTHERL Y PROPERTY LINE o o + -to O'l FIRST HA/lfAN ALLIANCE CHURCH O.R. 2735, PG, 2800 T.C.E, = TEMPORARY CONSTRUCTION P,O,C, - POINT OF COMMENCMENT P.O.B, = POINT OF BEGINNING R,O.W. = RIGHT-6F-WAY ....!I\ ::::i:-iGNOLI . .....n :::::OARBER & ......8 ...... ...... RUNnAG:El,lNo. Professional englneers, plartnere, &: Ilmd surveyors CoW.. Counly; Bulla 200, 7'<10 T.tnllml Trail, Noith; Napl..,.pt :uta! (2'Q)~Q7-'Hl L.. Counl" ~QQO Coconut Road, lIuIlA 10'1 Bonlt.a B-prinp, no '+1'5 (2.Q)0"'-5ee. Certu!o.lA or .l.uthorl..Uo" No.. UI ~ and III .ee~ rUt (2.Q)lIllft-220S I, I a '<l::: a 0:: "'" <: ~ a:: d ca a:: .. ~ a a ~ - '-' 8 cj ~~ -J"J a~ OQ; GQ. (/)1'<')' 1--(0 i:3~ ~c2 Wd <.rj I I I ~ (0 .00 ~<.)- :"'\~~ f::::: <..':i I=::~Q. ~~~ -'61:0 t5<~ a:::> lJJ(2n;: c::i . . -" '!"l ~ "J0l ....li) . to 8~ :z: ~ c:i e:: >- -.I .~ ~ ~ :z: h Vi X W \ '-wI ~ d Vi '<( Cl:l >- ~. ~ 85- -JI'-") ,..j lJJQ; ~a.. Q:: "<:j-" ~~ -J a:: Ct:' '<l:::. :to (j .\ I BY:, s;;;;~~~;':.;i';;$~~~5~~'~~':B~4~t;':N~;, ~~~~ DR;A.Wf.f BY:-:.!A1':1. PROJECT NO,: 8081-CB8 ACAD NO:.9073-SD827 FILE NO: 90'U. EXHfBJT_ A Page_~~ _'of ?d= OR: 4087 PG: 1~43 .JL SECTION B, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 82.7. PROPERTY OWNER: FLORIDA APAR1MENT ' . CLUB NAPLES REFERENCE: O.R. 2852. PG, 1054- AREA OF TAKE~ .0,28 ACRES :l::: ~~ N;... ~ Gj -J . (5 V) 126+00 L3 COUNTY BARN ROAD STA. 117+30,67 = DAVIS BLVD, STA. 128+82,50 130+00 132+00 128+00 DA VlS BOULEVARD (S,R. 84) .(75' R,Q.Vt.) --........ - - - - , PERPETUAL, NON-EXCLUS'IVE ' DRAiNAGe AND. UTILITY EASEMENT [:-- [:-- ~ m f2 -J Q.. '0:( <:~ CQlt) :::>a ~- u, f-Q) .<: Q., ~~ Q::co 'o:(C'\l ~a:: '0:(0 ~ o ri II::..? . ~ '-D T""""I T""""I ~'. ~ C> ~ L1 L2 L3 L4 L5 LINE: TABLE: LtNGTI:i 25.01' 10.00' 7.11' 3.00' 2.00' BE:ARfNQ N 89'34'58- W N 89'56'53" E: N 45'2J'og- W S' 89'56'53- W S 89'16'29" W o - -0 + (0. ,.... ,.... r--- <l:).,..J ~a I ~a ~g I --- (,JC'\l t5 ....J~ 10 ....JC'\l '<( a V)~ ~h 0 Cl ~~ 0 ~ d ~Q., 0 f'...Q25 + lJ.J Q:: ........ Cl .. C"\j )... CI) ;:t ;:: - .- '<(..- . 8J~ '~ Uj S ~ c:i cjQt t") ::J~ ;ot' Q5 a:: U;:3- a CS' Q::cti::! a .. (,Jet; t/J ~ a c::~:;) a 0 LQ ~ C V)'C:l .<: Ooq; ~ 0 a 8 0 ct. + a 0.. N ~ ..- ..- ~s I ~a I too I !.uh ;'<l:). ~as " '<( ;::E +i' . .... C'\l~~ 0 &j .... $ C()~:<<:~ ~ ~ It) to . " -l Q Uj C:t:: 0 'C',j ll) ~GJ~~ ;: .... Fi~ lJ.J ~ t")0l Q::~i::!~ . . b~ Cfo..~c:i Fi }) a ~ C:l \,J ;:? t"). :c: ;ot" !.ul 0..<: a 8 '<( a ll).-.J . ~ I t/J 't-a L5 :c: oia [j t<) 0 ;'tX:i CI) 0 '<( ~~ CO ).. I ~. :s: ~. I "I 0 Q:;: f'...LJ.! L_~ ~ I C'.J . <.5 01 ()~ f'..:r-: to ~).. ....JG] lJ.J CI)-.J xP::: ~V5 . Uj~ .... Cl:::a: o~ CI) 'o:(~ o "I- ~ + a Qo.. (0 a ~t/J f- ~ C/) ,~ !:;(j Q.,~<3 '0:( Q, CO:r: U", ~S(O LlJ:r:~ t5 U ' .,..;.., Q:: ...... c:i SEA CREST SCHOOL INC.. O,R, 3219~ PG. 2683 MA TCHUNE SEE SHEET.l 'OF" J T.C.E. = TEMPORARY CONSTRUCTION EASEMENT.' .' ........_... . P. 6. C. = PO IN T OF COM MEN CM EN T tIQJI;. BiiA'RI~GS ;~R;;::~A'!iRq':'PN:,:W fi.;'SUR V1':Y BASELINE P.O. Ii. = POI NT OF BE GI N N I N G OF COUN!y'. B:'~N.,'f.."".o-:I\S 1@1jINQ:"!;00.'43'31" VI. R. O. W. = RIGHT-OF - WAY LEGAL DESG~.11;111'6~'!.~AN0' 'sktrcl'( SH EET 2 OF J . , . .. ",. ... ". , '. .,"..., " ' '.,.. THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTiON:/PA~0'Eltj~B27;>. '....... "~;(:,C ~:). ": _ . CLIENT:' COlliER C'OUNrr J,RAN,SFl'ORTATI?N.::'DIYISION '. '.. . 'I. ....!)\ ::::c\'ONOLI .....13 ..... ..... ARBE:R &. ......13 ...... ...... RUNDAGE;IKC. Proteaaional englIieers, planners, &: land aur'veYOl1l CoUl... aount;n IIulle 200, 71.00 Tomtomt TJo'o.II, llorthl ll'pl.., n. ll4il!l.'l (~g)eg7-31U Lo'. c.tint;n OOIlO CoooIlU~ 1lOod, IluJle 103: BeiliU. B'prInp, n. ll4ill16 (2.3 0) UlI-. eeea cenut..le ot J.ulhllTiaaUoIl II... LB ~ IIld iii ~ 7u: (le8)6M-uoe BY: , , GEORGE.,.w.:~JiA KNE;Y" ,M. NO, 5606 :... ~'.,.,... t'. ....~ '. ...~~i:': ).\~. 1.' . ~ SCALE: ,1. :;=',~5Q. "., ,QATE:'AUG. .3.1.. 200~ DRAWN 8Y:~ "PROJECT NO,: B081-C88 ACAD NO:.9.073-SD827A FILE NO:" 9073 EXHIBIT A Page':"'G.i ___ of /J.- - OR: 4087 PG: 1044 3 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA . .: LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF' LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, ~ANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS POLLO W5; COMMENCING AT THE SOU THEA S TERL Y CORNER OP THA T PA~CEL DESCRIBED IN OPPICIAL RECORDS BOOK 2852, PAGE 1054 PUBLIC RECORDS OF COLLiER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OP WA Y LINE OP COUNTY BARN ROAD (100' R.O, w.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTH PfWPERTY LINE OF SAID PARCEL A DISTANCE. OP 25.01 PEET; THENCE LEAVING SAID LINE NORTH 00'4.3'31" WEST ALONG A LINE 25,00 FEET WESTERL Y FROM AND PARALLEL WITH THE WESTERLY RIGHT OF WA YLlNE OF COUNTY BARN ROAD (100' R,O. W,) A DISTANCE OF 706,30 PEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID LINE NORTH 00'4.3'31" WEST A DISTANCE OP 1565.11 PEtT; THENCE LEA VING SAID LINE NORTH 45'23'09" WEST A DISTANCE OP 7.11 PEET; THENCE SOUTH 00'43'31" EAST ALONG A LINE 30.00 PEEi WEST OP AND PARALLEL WITH SAID RIGHT OP WAY LINE A DISTANCE OP 620.05 PEET; THENCE LEAVING SAID LINE SOUTH 89'56'53" WEST A DISTANCE OF' 3,00 FEET; THENCE SOUTH 00'43'31" EAST ALONG A LINE 33,00 FEET WEST OP AND PARALLEL WITH SAID RIGHT OP WAY LINE A DISTANCE OF 256.82 PEET; THENCE LEA VING SAID LINE SOUTH 89'16'29" WEST A DISTANCE OF 2.00 PEET; THENCE SOUTH 00'43'31" EAST A ALONG A LINE 35.00 PEET WEST OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE DISTANCE OF 69.3.22 FEET; THENCE LEAVING SAID LINE NORTH 89'56'53" EAST. A DISTANCE OF 10.00 PEET TO THE POINT OF BEGINNING OP THE PARCEL HEREIN DESCRIBED; CONTAINING 0,28 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. 7 00 c-- ~ CV'") ~ p.... ,\,,0 ~ ~ ~ 0::: c::> PERPETUAL, NON~EXCLUSIVE DRAINAGE AND UTILITY EASEMENT ~ ..;~ '" .. /t;\ THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!J\ ::::H.GNOIJ .....U :::::iDARllER & ......13 ...... ...... RUNDAGE,UlC. Pro!essiOl'l~l engineers, planners, &: land sUrveyo~ CoW.1" C<luntYl BuJt.. 200, '1-'00 Tunh...mi Tra.U, Northl N.pl..., iL Ul01! (2SQ}Gg7-:Hl1 IA. Count" OggO Cooonut RoOd, lfulte lC~, Bon!1.& Bpr1"t., 1'1. ~U~ (2~g)g~-eee~ c.ititio~1.& or .Lulhor1uUon No.. lB see, &1>.'" liB 3ee' '''I (23g~-220S ~. . <, ,.:., .'. . :';: ~~. ': ,::~~~:,0~:: :~~;;,~ ...;;:, ~,~~ ./~~': :~:,;:'~~;~ ~. ", LEGAt:."bESC'~.Ip':;rI..ON:'\-AND.. 'SK'ETGH ....SHEE:T 3 OF 3 . " " ".,.... "'. . DESCRIPTION:'PAR~~Eb~8:2.T'"". ;\:~.GQ.: . :: .... :, . CLIENT: COLLIER COUN.T~v '[RAN,~P?~9R::rA TION.::' DIVISION ,,- VI': BY;.', . : .:J:i c4~:wl": '. "",GEORGt~:.w;:;}[,\QK~:;if~~S.M. NO. 5606 ,SCALE: N.T,~;" DATE: AUG, 31. 200Q DRAWN BY:~ PROJECT N,O.: 80i31-CBR ACAD NO: 9073'":'SD827 6 FILE NO: .. 9071 EXHIBIT Page rot.; A of ?~ PERPETUAL, NO/lJ-{:XCLUSNE ROAD RIGHT -oF-\NA y, 'DRAJNAGe AND UTILln' EA6EMEHT OR: 4087 PG: 1045 168 3 PROJECT NOI 60101 PROJECT PARCEL NO. 128 SHEer J.. OF J.. 50' -"-~ ~ ~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TO'WNSHIP 50S0UTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA _R'" y."'_________________________--""'_~ l Ex. R/W ' FOR COO/{r( BIV/i(F/O.4/J rCJl. ZSB) (WIDTH Y)//If:SJ --, ~------ R/W UI>O c:rr. r-- c::::t4 <""'"'> ~ p..., LEG.\!. OESCRlPT/ON . PARCEL HQ, 128 \...D ..--I ..--I c::::t4 THE EAST So FEET ~ THE IlEST 100 FEET 0If THE FOlLOW/NG DESCRIB<:O PllOPERTT, THE SOUTH I <7 Of' THE NOIlTH I <7 Of' THE SE 1/. Of' THE Il'I' I/~ Of' S<:CTI ON I, TOWW$HI P So SOUTH, RAllo.;: 26 E"'ST, COlLIER COUNTY, FLOIlro..., p::: c::> ~ :::J ~ ~ <l; , EDEN INSTITUTE FOUNDATION INC. ~ FOLIO NUMBER: 00403400003 Vi O,R. 3364, PG. 2186 '-7 LEC!':"'?!.. . RI1I' . RICHT 0If 'UY LS . LAND SUR\'[yOIl LB 'LICEItSED flUS/NESS P.B. . Pl....T BOQII; PC, . P...o.;: PSI! . PR~[SS I OI/.\!. SlJR\'[yOll a II.ll'PER C. R. , COUNTY ROJ.O D.R. , ~F[CI.\!. Rf:COIlO EAST PF/OPE:RTY UNE: r;Mmerican . "'l,*" COnsUlting Engineers of FlorIda, LLC 4,111 Land 0' Lak.. BlVd. Suit. 210 Land 0' L.k.., Florid. 34639 Phon.: (813) 998-2800 Fax: (813) 99q.1908 C.rllffo./. of AU/horlz.llon No. 7110 C"OLLJBR COUNr:r .DEPAln'MHNT oP ~A..T!ON CODNTYBARN ROAD (C.R. 268) -----_RC!!..~ / eXISTING [)ITAlI/AGE:, --i _ UTILITY eASEJ/E:NT ------ ---~~~~:::/~:~- ClTlLlrt E:ASE:J/E:NT \g ~ ~ :t: ~ ~ ~. '" .ii€ L C.l<<:GeE, PSJI PRoF ESSIO/(A/. SVRVEYOR N1D 1/ N>PE.R FIUtiDA CERTIFJCAre No. &fJQ DRAWN BY. JCM CHECKED BY. SP DRAWING DATEI oa-IS-05 SCALEr 1"')00' --, c:::> 00 q-t CV'> ~ 0... \..0 ~ ~ q-t p;: C> '---, EXHIBIT A Page &S- of ') ~_ PERPETUAL, NON.,EXCLUSIVE DRAINAGE AND UTILI TV EASEMENT OR: 4087 PG: 1046 ," B.""i' 6 3 LEGAL DESCRIPTION AND SKETCH DRAI:N'AGE, UTaITY EASElv1ENT (NOT ASUKVEY) SECTION. 8, TO\VNSBIP 5.0 sbUTH, RANGE 26 EAST PROJECT NO: 60101 PROJECT PARCEL NOI 829A RIW UOO ~ R/W FOR COUNTY BARN RON) (CR. 268) (WIDTH VARIES) 5W ~ OF THE MV ~ OF SECTION 8 SE ~.. OF THE MV ~ OF .sECTION 8 rWEST PROPERTY LINE & .L _ EASTERLY R/'It' LINE OF -' COUN7J_8ARN ROAD_~.R. 268) --8 .... COUNTY BAR:N' ROAD (C.R. 268) RIW- uoo --- -- -- -- --- ~ ~t PROPOSED DRAINAGE, UTILlrt EASEIJENT LEGAL DESCRIPTION. PARCEL NO. 829A THE EAST 10 FEET ~ THE WEST 100 FEET OF THE FOLLOWING DESCRIBED PROPERTY, THE NORTH I /2 OF THE NORTH I 12 ~ THE SE I />4 OF THE NW [/>4 ~ SECTION B, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~ :;j ~ t5 ~ 0.; ~ lij SEACREST SCHOOL INC. FOLIO NUMBER: 00403400003 O.R. 3163, PG. 2379 LEGENO, R/1l' . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG, . PAGE PSU . PROFESSIONAL SURVEYOR a UAPPER C.R, . COUNTY ROAD O.R, . ~FICIAL RECORD SE ~ OF TliE MV ~ OF SECTION 8 5W ~ OF THE Ne ~ OF SeCTION 8 ...'American . = "&.fConsu,tlng Engineers of Florida, LlC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakes, Florida 34839 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorlzatlon No. 7110 Joel C, MCGee, P.S.M. No, 6430 COLLlER COUNTY DEPA.RTMENT OF TRA.N'SPoRTA..110N SHeer J.. OF J.. 1- 501 -l ~ZL ~ RIW UOO eX/STiNG DRAINAGEt UTILITY EASEMENT --------------- ~ :;j ~ [5 ~ 0.; i:: Q: ~ DRAWN BY: JCM CHECKED BY, Sp DRAWING DATE, 08MI8M05 SCALE: 1"'100' EXHfSIT_ A Page..:-CoG, of 1;2 - - "- - OR: 4087 PG: 1047 3 . HI~.".,;; o ~et,!",ETUAL, NON-EXCLUSrve . WfVVI~E AND UT/U'fY EAsEMENT PROJECT NOI 6010r PROJECT PARCEL NOI 8298 LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASE11ENT , (NOT A SURVEY) , SECTION 8, TOWNSHIP 50 SOU'IH, RANGE 26 EAST COLLffiRCOUNT~FLORIDA SHEET .L OF .L L501.~ ~Z2 RIW Une_ / E:x.RIW FOR CO<JNTY BARN ROAD (CR. 268) !WIDTH VMleSJ R&_ Une ..---I 00 -=::t" m RIW Unc NW ~ OF THe #H ~ OF sec:rION 8 i NE ~ OF THE MIl V-t OF SEmON 8 WEST PROPERTY LINE: & eASTERLY RIW LINE OF COONrt BARN ROAD (C.R. 268J COUNTY BARN ROAD (C,R, 268) - ~ P-. -- ----- 'I...D ..---I ..---I -=::t" PROPOSED DRAINAGe, UTILITY E:AsEAlEHT --J-1-- I I I I '----' - ~ ~ C) f ~EGAL DESCRIPTION. PARCEL NO, 8298 THE EAST SO rEET Of THE WEST 100 rEET or THE rOLLOWING DESCRIBED PROPERTY, ~ :::i ~ ~ ~ Q..; ~ lij THE SOUTH 112 Of THE SOUTH 112 Of THE NE 1/<4 OF THE NW 1/<4 or SECTION B. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,' SEACREST SCHOOL INC. ,FOLIO NUMBER: 00403040007 O.R. 3219, PG. 2683 ~ :::i ~ l75 ~ 0.: i:: gs ;e LEGENQ.!. RIW , RICHT Of WAY LS . ~AND SURVEYOR ~B . LICENSED BUSINESS P.B. , P~AT BOOK PG. . PAGE PSU . PROfESSIONAL SURVEYOR B UAl"PER C,R. , COUNTY ROAD O.R. . OFFICIAL RECORD '~American = 'Il'. Consulting Engineers of FlorIda, LLC 4111 Land 0' Lakes BlVd. 'Suite 210 Land 0' Lakes, FlorIda 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloate of AuthorIzation No. 7110 Joel C. MCGee, P.S.M. No, 6430 NE.~ OF THE NW V-t OF SECnON 8 #H V-t OF THE He. Y.t OF SemON 8 COLLIER COUNTY DEPA.RTMENT oP'TR.ttNSPoRTA. TlON DRAWN BY, JCM CHECKED BYI SP DRAWING DATE, 08-18-05 SCALEI r "'100' J C'"'o.J co oo::::t' ("V"') .~ ~ '-0 T'"-i T'"-i oo::::t' p;:: c:> ~ EXH'IB'IT A' - -- Page~ '7 _ of-.7c?_ OR: 4087 PG: 1048 168 3 PERPETuAL, NON-e>;CL.USIVE ROAD RJGHT-oF~y, ~N.4.GE AND. LmuTY ~ PROJECT NOl 60rOl PROJECT PARCEL 'NOz 130 LEGAL DESCRIPTION AND SKETCB: PROPOSED RIGHT OF WAY (1fOT A SURY.B;Y) BEC110N 8, TOWNBRIP 50 BOD'rB:, RANGE 26 EAST . COLLIER COUNTY, FLORIDA .----, _d<!tU~___-------______CC_________~l!.'" c:r. R/\\' f"Qft_ b CWI(Ty BMI! RON) tell,2681 ~ I'ri'IDTH V NlIESl ItW ~ of 1M ItW ~ of S&o/IOtJ B - HE; ~ or I~ .\W'4 OTS/lCIJOil B li'E;sr PROPEllT)' LlHE & cASTeRLY Il/Y( LlHE: 0('" CCXJHT)' BIo.!/H ROM (C.Il. 2681 COtJ:N'J.YBA:RN'RoAD (CJW.6s)' ~ii'iWUCi3- -___ -~'(~::,~:~:::- . Ur/LlT)' cASEi.{EHr -------_____looo_ filW UfIIl f' :" ~ :j .~ ~ 0.; ~ \ij .J BEREA}T BAPTIsT CURCB:mc. FOLIO :N1J1v.rnER: 00403360004 O.R. 467, PG. 472 ~ :j ~ ~ 0.; ~ ~ ---." U~GAL DESCRJPTJON - PARCEL 130 THE- EAST SO.FEET OF THE WEST 100 FEET OF THE NORTH ONE HALF (N1J2)-OF-THESOUTH ONE HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF . THE NORTHWEST QUARTER (NW 1/4) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA -. ~===-- ~ cAST PROPEfiT'r UHF; i ..1Me!.!!!.!.. R/l' . RIGHT ~ '/lAY [,S . [,ANa SURygroo ['B '[,lCE/fSEo BUS1Hli:ss F.B. , P(,AT Boc.: PlJ, I PACt PSI.( I 1'1lOFESSfOliA[, SUR'r!YOO .!. l.l.l.l>PER C,R. . COUNTY ROAD O.R, . ~FlCIAl. RECORD . \~.~ /b0 'Y /1,0 . EXHfBIT_ A Page_&R _ of ?c:2 ~ OR: 4087 PG: 1049 16[1 3 -PERPETUAL, NON-EXCWStVE R(W)-RrGHT-or:-wAYi'~ AND unulYEA8EMEHi' PROJECT NOr 6010! PROJECT PARCEL NO, [31 LEGAL DESCRIPTION AND SKETCH PROPOSED-RIGHT OF WAY (NOT.A S.URVEY) SECTION 8, TOvmSH1P 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET LOF L ~ :...-~~ , ~r i ~ --------------+-- -;./ RIW-l.!..~-----__________1!._1f~__J Ex. RIW FOR b CCXJ/{(t BARN ROAD ICIl.2b8i 5;l IWIWH VARIESJ - IrW ~ of th. IrW ~ of S/:1:tlon 8 HE: \I( of tho IrW ~ of S<<:IIOIl 8 WE:sr PROPE:Rrt LINE: t.- . EASrERc:t RIW LINE: OF CCXJNrt 'BAAN ROAD I COUNTY BAlm ROAD (C.R.268) ~ P-o "-D .....-t .....-t c:::I"' --.... m 00 c:::I"' m EIS7' PROPERrt UNE ,fL '" 1 ~ I I ;::: ~ ~ I -.J I~ ~ [IS '>: I ~ r ~I iXl ~ ~I A :1 !i1 I I I I I I I I I I p::: c:::> '--7 :S! :::j ~ ~ ~ COLLlliRDA VIS LLC FOLIO NUMBER: 00403880005 O.R. 3391, PG. 2162 LEGAl. DESCRIPTION. PARCEL I/O. 131 THE EAST 50 FEET ~ THE lIEST 100 FEET ~ THE FOlLOWIHe DESCRIBED PllOl'ERTY. THE Ii.- · ~ THE NE . ~ THE Ii.- . ~ SECTION 8, TOW/SllIP 50 SOOTH, RAH<lE 26 EAST, COlLIER CooNTY, FLORIDA, LESS AHl EXCEPTIHe THEM:FROW THE IiOIITH- 75 FEET THERE~ . LECl:HO, RIW . RloHT ~ WAY LS 'LAND SURVEYOIl La . LICENSED aus I NESS P. a, , PUT BOO<< PO, . PAOE PSII , Pll~ESSIOl/Al. SURVEYOR B U4PPER C.R, , COUNTY ROAn O.R. . ~F[CIAl. RECOfltl "~American ~ ""a Consulting Engineers of Florida, LLC 4111 Land 0' Lakss Blvd. Sull. 210 Land 0' takas, Florid. 34839 Phon.: (813) 990-2800 Fax: (813) 995.1908 C.rllf/oat. of AuthorlzalJon No. 7110 JOeL C.J.k:Gl;E. PSJ/ _ PROF ESSIONN. S</RVErOR !.liD "''''''PER F'LDIlJ(),l, CElfI'Jr1:nE No. 64JO COi.LlBR COUNTY DEPARTMENT OF '1'1UNsJ:1oRTA.T10N DRAWN BYI JCM CHECKED BY. SP DRAWING DATEr OB-fa-05 . SCAt.E I I~. I DO' TOWNSHfP 50 SOUTH, RANGE 26 [AST COLLIER' COUNTY, FLORfDA PARCEL NO. PARCEL 132 PROPERTY OWNER: Pt,NTHER KEY LLC REFERENCE: O.R, 3720 PG 90 BENCHMARK CBR-6A ~E~~YYoY!f2 CBR-7 N 651403,76 E 416581.871 E 416588.00 ELEV. = 9.40 ?;j ELEV, = 9.94 1'0'11#00 8~ !l6+OCI 87+00 88+00 ~ ,COU/y'7Y ,BARN ROAD <<:,1'~. :::-- ,o'?' r [100 ;a.w.} SURVE~ BASEUNE ~ r DO NOT ['ASS SIGN EXHIBIT A Page {o1 0'_72 ,. f c.t., S I MPI..E INTEREST SECTION 8, ~~ N-- O ~ (5 CI) FOUND 4X4 CONCRETE: . MONUMENT STAMPED rntI7 [g <a cl '" ..: '" """ ---, .~~ SAND BAG Hf:ADWA(.L_ (FAILING) , "S.& ~~..... .,.,.05> "> .1~' FOUND ~" IRON ROD BGA NORTH 0,34' , WE:ST 0.16' oo::::t" .00 oo::::t" ('V") soonr'18'E: 29.80' ... c '" (WITNESS CORNER) FOUND 4X4 CONCRETE MONUMENT STAMPED LS 1543 PRM SOUTH 30.21' EAST 0.36' ...... '~<Q. ~ t:L. '-.D ~ ~ oo::::t" '.. ''''." '~q,. P:::: c::> \ltOO(JMrn~ LAK~ CLUB PANTHER KEY LLC C.B, .28, PG.' 38 a.R. ::5720, PG, 90 ~ .<t...~ .. " '''" Wi Of THE S2 Of THE Si OF THE SE:i Of THE SW i OF' SECTION a. roo$, R25E;LESS THE 'rtE'ST 50' FITT AND THE SOUTH 3(]' FffT. ~ <t~ ~~ SOUTHER~ 30' CONTAINING <(',38 ACRES (:1:) ., ~~ <1'0" SET ~" IRON ROD STAMPED "ABB INC LB SOO'.of.J'2J'E: 30.or' 3664" 'MTNESS CORNER ''f" <I'~ ~-o. SE:T ~" IRON ROD STAMPED "ABB .ct'''dt <t~" INC LB 3664" '----7 FOUND 4X4 CONCRE:TE COLLIER MONUMENT PANTHER KEY LLC O.R. 3720, PG. go BOUNDARY & TOPOGRAPHIC SURVEY OF ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTlON 17 TOWNsHIP 50 NORTH 1I:1I11~ RANGE 26 f:AST, COLUER COUNTY FLORIDA :11:: GNOL! ..... :==:= ARBER & . . ......a ...... ...... UNDAGE"".. ProI'..loDAl 'nglneen, planners, o!: land lJUl"nYU1'lJ Cow.. Oouotr. lIul<. zoo, .1<00 T_ l'Kll, MoriJaIll""", "' Ul"I...:ur-Oll1 "" Co..."" "Ila "-.'>1 ..... ""'.. i'" 1I<mJl&........ ", U'" ..._.... . C..wtdolJ.A of ....l&art.u. If.... Ia *' ...... 1::1 IM.f.r ~ =t)6M-1IQ.1 OR: 40$7 PG: 1050 f h (f"..' i"i.: UUt 3 ...... ..... .>" .. "4> .~ CONTROL STRUCTURE CONTROL t;LEY. = 6,98 (ABANDONED) Q. ~ CONTROL STRUCTURE CONTROL ElEY. = 7.05 .tf'~ 5.02 INV. CHA THAM SQUARE: DEVELOPMENT CORP O.R. 144, PG. 2121 ''1;0 ~. ~'t- -q-y,Q .~~ '~"'''' LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION:' PARCEL. 132 CLIENT: COLLIER COUNTY TRANSPORTA nON DI\i1SION BY; GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1" = lOll DATE: JAN 9, 2006 DRAWN BY:--.IBA PROJECT NO.:1.l081-CBEl. ACAD NO:~ FilE NO: 9325 EXHIBlT A ' . P~ge_ 70 Of?:J.- . -. OR: 4087 PG: 1051 FEr:. SIMPlE INTEREST PARCEl NO. PARCEL 132 PROPERTY OWNER: l'ANTHER KEY LLC SECTION 8,. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA REFERENCE: O.R. 3720. PG. 90 ---, LEGAL DE~CRIPTION OF PARCEL 132 ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY D~CRIBEO 'AS 'FOLLOWS; . , THE WEST HALF DF THE SOUTH HALF OF THE SOUTH HALF OF. tHE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8 LESS THE WEST 50.00 FEET THERE OF FOR COUNTY BARN ROAD RIGHT OF WAY PURPOSES AND LESS THE SOUTHERLY 30.00 FEET THEREOF. Lt'"") 00 ~ CV') ~ r::Lo CONTAINING 4.36 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; AGNOLl, BARBER AND BRUNDAGE. INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS .. . ' ,. '-0 "........ "........ ~ P::::: C> ---. GENERAl NOTES,;" 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. CURVE DIMENSIONS ARE AS FOLLOWS: !::. == DELTA ANGLE, 'R == RADIUS, A == ARC DISTANCE, CH == CHORD DISTANCE AND CHB == CHORD BEARING J. .P.O.B. == POINT OF BEGINNING. 4. P.O.C. == POINT OF COMMENCEMENT. 5. BEARINGS ARE BASED ON lliB::II2 . = SET IRON ROO/CAP C!) = FOUND PK NAIL &- DISC I1J = IRRIGA TlON CONTROL BOX ~ = WA TER METER ([)) = UNITED TELEPHONE SYSTEMS RISER ~ = WATER VALVE . = BACK FLOW PREVENTER 1('::: = CLEANOUT BOUNDARY & TOPOGRAPHIC SURVEY OF ALL 111AT PART OF 111E: SOUTHWEST 1/4 OF SE:Ci10N 17 TOI'tNSHIP 50 NOR111 ::::~ RAfIGE: 26 EAST, 90LUER COUN1Y FLORIDA .... GNOLI ..... ::::: ARBER .II' , ....II.En ...... ...... UNDAGE""", Prol...lonal .ngineero, plonnero, ... llUId lnl1"fo;rors c.~ ~ln !lallA 1:00, fu,o''ta..tlW..alJ, ~ Norih.( Xt.plM. n. 84101 itMI)arr-Ul1 r... c.t'Ll1t.r1 ana C6<.a.au ltaai. I'U.llA 103{ ka.tt.I. Jiptta,p. )'L "'1M J::tI)1u.&..... C-nlJlod.. 01. .h.u...tt..u.., Nee, U '"' .... D MU ha tM)NI-t:IO$ LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 1.32. CLIENT: COlLIER COUNTY TRANSPORTATION. DIVlSION BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE:' 1w - 100' DATE: JAN 9. 2006 DRAWN BY:---I.IlA PROJECT NO.: BOB1-C8R ACAD NO:~ FILE NO: 9325 '-0 00 oo::::t" m ~ P.. '-0 .,--I .,--I oo::::t" p::: c::::> '--7 PROJECT NOI 601D! PROJECT PARCEL NOI 761 EXHIBIT-L P~7/_ Of~)2 OR: 4087 PG: 1052 3 TEMPORARY DRrvBNAY REa'TORATION EASEMENT (OlJRATION: 3YEAAS FROM COMMeNcEMENT OF CONSTRUCTION) SHEEr .LOF .L L. 30'..J LEGAL DESCRIPTION AND SKETCH -0=2: L-,- TEMPORARY DRlVEW A Y RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TO\VNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA .1EGEND. RIW "RIGHT OI<'.WAY ~s . ~AND SURVEYOR ~B . LICENSED 8USINESS P.B. ., PLAT BOOK PG. , PAGE PSU . PROFESSIONAL SURVEYOR a ~PER C.R. . COUNTY ROAD O.R. . O"FICIA~ RECORD ~ w I , 1 1 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 I I I I I I I I I I I j I 1 -J ~ LEGAL DESCRIPTION - PARCEL NO. 761 PROFERTr LINE THE WEST 19 FEET OF EAST 44 FEET OF THE NORTH 20 FEET OF A PARCEL NOW OR FORMERLY OWNED BY HARRY AND MARTHA BICKFORD BY DEED OF RECORD [N O,R, 2231, PAGE 1300 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA. SAID PARCEL LOCATED IN THE SOUTH [/2 OF THE NW 1/4 OF THE SWr 14 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~ '-' -../ t: ~ ~ <l.; i!: ~ r iX/STING ROAlJNAY, DRAINAGE ~ UTII./Tr EASID.IENT ---- -- /9' TEMPORAAY DRIVEWAY RESTORATION EASEMENT ---- 'I , I j I I I I I : I I I~ l:::j :~ ,t5 1~ I<l.; 1;1:: II-.: ,@i :;:: 26' I ~ I I I I I 1 I I I I J I /' I I 1 I I I 1 ] .~ I ~L H I I ( , I II BARRY & MARTHA. BICIQ'ORD FOLIO NU1v.1BER: 00406600305 O.R. 2231, PG. 1300 r..., I I / I 1 I I R/W, Une,. R/W FOR a COUNTY BARN ROAD (C.R. 268) ~ (WIDTH VARIES) f:l71I I1e '-tcAmerican .= ~,.. ConSUlting Engineers of Florida, LLC 4111 Land'O' Lakes BlVd. Suite 210 Land 0' Lakas, Florida 34539 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloate of Authorlzatfon No. 7110 Joel C, MCGee, P.S.M. No. 6430 \ EAST PRO:E:TY UNE &0 WESTERI.Y R/W UNE OF COUNTr BARN ROAD (C.R. 268) COUNTY BARN ROAD (C.R. 268) Mf ~ OF THE SW ~ OF SECTIOR 8 HE ~ OF THE SW ~ OF SECTION 8 COLLIER COUNTY DEPA.RTMENT OP 17lA.NSPoRTA. TlON I DRAWN BY, JCM CHECKED BY, sp DRAWING DATEI OS-IS-05 SCALE, 1"'60~ PROJECT NOI 60101 PROJECT PARCEL NOs 762 *** OR: 4087 PG:, 1053 *** EXHIBIT_ Il ~. J,.2 _ of_ /~ ~ ,/';' ,-' , ...... TEMPORARY DRIVEWAY RESTORATION EASEMeNT . (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUcT10N) SHE.E.T 1.. OF 1.. I 301 r LEGAL DESCRIPTION AND SKETCH ~ .Z ~ TEl\1P'ORARY DRIVEWAY RESTORATION EASE:M:ENT (NOT A SURVEY) SECTION 8,. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I 1 1 I ~ 1 I I I I I +: I I +: 1 I +: I I r:-- I I ex:> cqt I , CV") I [ i I C) [ I I P-. I I 0...0 I ~ I ~ I cqt [ I p::: I c::> I 1 +: 1 +: I +: 1 "-7 2(5' I =--l I i [ I [ I r 1 / I I _I --1 I [ I I I 1 i I I I 'I I I I I I I I I 1 [ I I I I I ) , [ I ~ \. :j ~ [5 ~ /" Cl. ; ~ r lij I I I \-- [ ~L H / I ( '/9' TEMPORARY DRNEWAY I RESTORATION EASEMENT 35' LEOEHD. RIW . RICHT Of" WAY LS . LAND SURVEYOR LB 1 LICENSED BUSINESS P.B. 1 PLAT BOOK PO" . PAOE PSU . PROFESSIONAL SURVEYOR a UAPPER C,R. . COUNTY ROAD O.R, , OFFICIAL RECOOD WEST PROPERTY UNE JONATBAN GIFFORD FOLIO NUlvrnER: 00406200006 O.R. 842, PG. 1888 LEGAL DESCRIPTION - PARCEL NO. 762 '41 ~ ~ [5 ~ Cl. ~ gj <: THE WEST 19 FEET OF EAST 44 FEET OF THE SOUTH 35 FEET OF A PARCEL NOW OR FORMERLY OWNED BY JONATHAN GIFFORD BY DEED OF RECORD IN O.R. 842, PAGE J868 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA, SAID PARCEL LOCATED IN THE SOUTH 112 OF THE NW I 14 OF THE SW 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, I" EXISTING ROPDNIif,DRNNME ---L & UT/UTY EASEMENT \. E~ :OPERTY UNF; 8.- WESTf.Rt:I RM UNf. OF COONTY BARN RON) (C.R. 268) RM Une RM FOR. 8 COONTY BARN RON) (C.R. 268) - (WIDTH VAAIESJ 7?7VI ne. COUNTY BARN ROAD (C.R. 268 mI :4 OF THE: SW Y.t OF SECT ION 8 NE Y.t OF THE SW Y.t OF SECT/ON 8 ~American . 'I'. ConSUlting Engineers of Florida, LLC 4111 Land 0' Lakas Blvd. SuIte 210 Land 0' Lakes, Florida 34639 Phons: (813) 996-2800 .Fax: (813) 996-1908 Cart/floats of Au/hotlza/lon No. 7110 Joel C. MoGee, P,S.M. No. 6430 DRAWN BYI JCM CHECKED SYs SP DRAWING DATEI Oa-Ia-05 SCALEI I H.60' COLIJER. COUNTY DEPARTMENT OF TRA.NS.PORTA T10N ! L- \'I~ 3941556 OR: 4148 PG: 4123 RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 12/05/2006 at 03:11PM DWIGHT E. BROCK, CLBRK REC FEB 52.50 PROJECT NO.: 60101 PROJECT NAME: County Barn Road Retn: CLERK TO THB BOARD INTBROFFICE 4TH FLOOR BIT 8406 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this ;Lq day of ;JoV~ ~ 2006, by and between Collier County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County"), and EMBARQ FLORIDA, INC. fka SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, whose mailing address 600 New Century Pkwy., Mail Stop KSNCAA0133-RETA 600, New Century, Kansas 66031 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities from the Property into the road right of way, sidewalk, utility, drainage and maintenance purposes, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, and operating road right of way, sidewalk, utility, drainage and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: Sprint Network Real Estate f"~"T______p~1Ltf..fL1~ 7 SUBORDINATION OF UTILITY INTERESTS OR: 4148 PG: 4124 . NATURE OF ENCUMBRANCE : DATE I . 12/17/861 FROM OR AGAINST IN FAVOR OF RECORDED BOOK-PAGE United Telephone Company of Florida Easement Eli Baron individually and:Jn behalf of Elba Development Corporation United Telephone Company of Florida OR Book 1239 Page 1129 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. K, Clerk . \ _-' td/1c Attest AI to Ch-s.1 rmr.!O~puty Clerk J 1 gnaturt Orl j ~ BOARD OF COUNTY COMMISSIONERS COLLIER COU~'~~ BY: ~ ~~ FRANK HALAS, Chairman Signed, sealed and delivered in our presence as witnesses: 'huVvtf L ~ WITNESS (Signature) Name: )fAt<. '/ E. e..s E /~ (P~int or ;-xpe) _ ~_. dJ './ COdtf)a./ NESS (Signature) ---r---. ,-, Name: /i/1d. /)/5..5011 (Print or Type) Embarq Florida, Inc. fka Sprint-Florida, Incorporated successor by merger to United Telephone Company of Florida By: K~ ~. /VI dft. PresidenWice President SUBORDINATION OF UTILITY INTERESTS OR: 4148 PG: 4125 STATE OF rtoR, b;4 COUNTY OF Otefl"'o e. The foregoing Subordination of Utility Interests was acknowledged before me this jl!V1l day of O~D b ('IL , 2006, by I<e ON tR. ;tJ~.CAl!i-P1L (Name), as ---J/P-/t/r,'1wc1ek S(/lIl/C~S (Title), of Embarq Florida, Inc. fka Sprint-Florida Incorporated successor by merger to United Telephone Company of Florida, who is personally known to me or who has produced as Identification-:---- (affix notarial seal) O~J!~ (Signature of Notary Public) C ~J- jJ, ,-\Vt)fV~ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(il a~ 9]) {17:::3 My Commission Expires: I? eX ,).()CJ ~.......~.~..6 p,~ r--- CAROL A. STONE. l . Notary Public-State of Flonda 1 t My Commiss.on Expires Apr. 25, 2007 t l Commission.#~E.~~~~93, ......t .,........... Approved as to form and gal sufficiency: V v------ Heidi F. A ton Assistant County Attorney SUBORDINATION OF UTILITY INTERESTS . .... OR: 4148 PG:J126 _"r", EXHIBIT -A. Page--L- 01-3- SECTION 8) TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 727C PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2852. PG. 1054 AREA OF TAKE: 0.18 ACRES :!: ~ ~ T II N"-- o ~ tJ -J Q <( <:"<t- CCll.() :::)0 -J ....... O. f-<.::l <:Q ltJ ~ ~~ 0:: CD <(C'J Q. <(0:: -<;(0 Cl a:: o c: LINE: L1 L2 L3 L4 L5 L6 L7 LINE TABLE LENGTH 25.01' 10.00' 56.22' 19.00 43.00' 5.00' 14.00' BE:ARING N 89'34'58" W 5 89'56'53" W N 00'43'31" W 5 89'16'29" W 5 00'43'31" E N 89'16'29" E: N 89'16'29" E: MA TCHLlNE SEE SHEET 2 OF 3 SEACREST SCHOOL INC. O.R. 3219, PG. 2683 o o + "<t o I-. t5CS f',.<:(:::E C'J3;bJ C()<:(<:( gsLu cj >- uf:3t:: O::~~ -<;(Q.::::> Qo eta Q.< <:( o 0 o 0 ~ ~ U) U) Lu :>:: 1; 1; ;., ;., :'t :'t o 0 o 0 U) <:: 0 0 + OlJj_____ N 0 f',.0+i C'Jj-.:V) f',. Lu -Jf:3~ a:) ltJV)<:( U~Q) c) 0::0- eL C'J <(eta -J QQ.'--' 0 0 + 0 0 o o + co ()) t5 g <:( to <I-. ~ ~CS f',. a:::E S: ~,-bJ - ,- -- <:( .for) :<'C Lu for) -J:S:: :'t ~~~ g ""'0- O::et~ <:: ~a::::> bJa 0< Q.<:( o et Q. o o + to ()) o o + "<t ()) FIRST HAITIAN ALLIANCE CHURCH O.R. 2735, PG. 2800 ----- <..5 o eLl I EASEMENT 1 T.C.E. = TEMPORARY CONSTRUCTION P.O.C. = POINT .OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THIS lEGAL DESCRIPTION AND SKETCH PREPARED BY: a -<;( o 0:: 2 ~ c) -<;( a::: CCl >- 0 f- 0 <: C :::) o o <..50) ~f',. IV') -JC'J o 00 QQ U) ~ f-I'<J . (0 tJ;; 0:: o a::: wo U) o o lei C'J ~S ~o " . +:2 _ -J -r-:o (()O +~ S: 'i'-. 1;0 f.r,oi :'t~ gC'J <:: (0 .CD ltJO....... f-::<:C'J 2- . r:::66: U)r::: ~ -<;( "<t-- <:Cl~ ltJ~1V') EJ 0 . lJ...0:: o s a ci >- -J et ~ V) ~ (,C) < f::: V) >< Lu Lu < a V) <:( en >- ~ et ::::> V) 8]....... -JI'<J -J ltJ. ~<.::l Q 0:: _ "<t- U)"<t- ltJ"<t- -J 0::' -<;(~ ::r:o o o o l[j C'J L1 O.:-J for) 0 .0 O'l . +0 U) NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00'43'31" W. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 727C CLIENT: COLLIER COUNTY TR ....M ::::tlGNOLI .....18 :==:=. ~RBER & ......&3 ....... ...... RUNDAGE,lNc. Professional engineers, planners. & land surveyors CoWOl' COUJ),t,7: Suite 200, 7.00 Tam1am1 Tra11. North: Naples. FL 3U08 (239)1597-3111 Leo County: 9B90 Coconut Road, Suite 103; Bonita Sprin... FL 3.135 (23")948-8663 Cert.i11cate of' Autborbal1on No.. LB 360. and Ell 3C16. Fo:: (2Sg)568-2203 BY: ION W. HACKNEY, S.M. NO. 5606 SCALE: 1" = 150' DA TE: JAN. 24. 2006 DRAWN BY:~ PROJECT NO.: BOB1-CBR ACAD NO:9073-SD727C nlE NO: 9073 OR: 4148 PG: 4127 EXHIBIT .JL page.....L. 01..:3..... SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 727C PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2852.. PG. 1054 AREA OF TAKE: 0.18 ACRES :I: 126+00 ~ a DA VIS BOULEVARD lC) (S,R. 84) (75' R.O, W) .-- --- 1/ ~ N .-- 0 0 Gj - -0- - _ + -J to ~ ~ U ~ V) ~ -J Q ~ <:'>t- !l:llC) :::>a -J .-- U. I-~ :zQ liJ ~ ~~ Q::CCl ~C'\J Q, ~Q:: ~o a a::: o c: LINE L1 L2 L3 L4 L5 L6 L7 LINE TABLE LENGTH 25.01' 10.00' 56.22' 19.00 43.00' 5.00' 14.00' BEARING N 89'34'58" W S 89'56'53" W N 00'43'31" W S 89'16'29" W S 00'43'31" E N 89'16'29" E N 89'16'29" E o o + '<I- ~ ~ o o + N ~ ~ o o + o ..- ~ o o + IX) o ).: :<( f- "sai<; C'\Ja<:"-' .--tj~~ ,0000LuCl) ;-:-: ~~ '-Ua~Lu ULu<:>- Q::CI)-f- ~0;i:::J Q~af:: 0::: :) Q f- t3~ "~~ C'\J-CI) CCl~~ o:::Lu a cd >- UGJ!::: Q::CI)-.J ~Of:: QQ:) Oa 0:::<: Q~ i.J ~. ,,0::: C'\Jc:i "t-: -JGJ lJ.JCI) Uo Q::Q ~O QO::: Q !l:l' "lL! C,,) C'\,Jt-: " -JGJ lJ.JCI) UO Q::Q ~O Qg: U' L4 "lL!+i' C,,) ~t-:CI) It) ,.... LU -J N GJ 13 L6 '-U CI) ~ L.J U~o;) . o Q:: 0 .... ~o o ~o:::c:i i<)<=! j; QQ'-- :0-"< o g;o CJ:l T.C.E. = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY 128+00 COUNTY BARN ROAD STA. 117+30.67 = DAVIS BLVD. ST A. 128+82.50 130+00 132+00 1-- :;:; 'r.... 1;0 i<)oi :o-~ 8"< <: uC'\J -J~ -JC'\J V). ~~ ~Q a . .-- t5~ ::Jf'/') -J. OQ:: U. o a <:C 0 Q:: ""' <: s: Q:: 0 <:C ci !l:l ~I >- a I- a < .- '--- :::> It) 0 "< U I s: I 0 ~. <:0::: f::>- CI)-J x 0::: lJjl::! ~~ I ~ a CI) ~ en >- ~ 0::: :) CI) I- ~ V) . '>t- i=::U Q <rro: <:c-'-' !l:l:r:Q u~ <Q::tQ L5~'>t- t5 U . !l:l ~ o 1 It).;-J 1"1-0 1'0:0 "<l[j +OJ SEACREST SCHOOL INC, O.R. 3219, PG. 2683 MA TCHLlNE SEE SHEET 1 OF :5 EASEMENT NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00'43'31" w. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 DESCRIPTION: PARCEL 727C CLIENT: COLLIER COUNTY TR THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!I\ ::::H..GNOLI .....(3 ::::: >\BBER & ......13 ...... ...... RUNDAGE,lIlc. Protessional engineers, planners, & land surveyors CoWer County: Bult41 200, 7400 Tam1am1 Troll, North: Napla., n. :HI08 (23g)ag7-3111 L.. Countll gggO CoOOllut Road, Bult& 10S: Bonita. Sprillp, n. :Hlsa (2Sg)lI4ll-888S CorWloat& or J.Ull>.Or1u.UOIl No.. I.B S8U and a san Fu: (2Sg)aOO-220S BY: ~ HACKNEY, .S.M, NO. 5606 SCALE: 1" = 150' DA TE: JAN. 24. 2006 DRAWN BY:~ PROJECT NO.; 8081-CBR ACAD NO: 9073-SD727C1 FILE NO: 9073 .. *** OR: 4148 PG: 4128 *** EXHIBIT -A-, Page-3._ 01...3. SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY} FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8". TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706.30 FEET; THENCE SOUTH 89'56'53" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 04'43'31" WEST A DISTANCE OF 56.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555.00 FEET; THENCE SOUTH 89'16'29" WEST A DISTANCE OF 19.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 43.00 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 512.00 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.18 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727C CLIENT: COLLIER COUNTY TRA ....!I\ ::::tlGNOLI .....![) ::==:iDARBER & ......iB ....... ...... RUNDAGE,lNc. Professional engineers, planners, & land surveyors ColUor County: Suite 200, ?i00 Tamiami Trall. North: Napl... FL 3'108 (23P)5P7-3111 Lee County: ""gO Coconut Road, Suite 103: Bonita Spri.nJ.. n. 34-135 (239)"40-8663 Cert.1t1cate ot AUlbor1z&UolJ. Nos. LB 366' and ED 3e64- Fax: (23")~68-2203 BY: W. HACKNEY, P S.M. NO. 5606 SCALE: N.T.S. DATE: JAN. 24. 2006 DRAWN BY:~ PROJECT NO.: 8081-CBR ACAD NO:9073-SD727C1 ~LE NO: 9073 PROJECT NO.: 60101 PROJECT NAME: County Barn Road 3941661 OR: 4149 PG: 0325 RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, PL 12/05/2006 at 03:50PM DWIGHT E. BROCK, CLBRK RBC PBE 639.00 COPIES 75,00 Retn: CLBRK TO THE BOARD INTEROFPICE 4TH FLOOR BIT 8406 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this $ day of .Il){) L!'e-m~ 2006, by and between Collier County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County"), and EMBARQ FLORIDA, INC. fka SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, whose mailing address 600 New Century Pkwy" Mail Stop KSNCAA0133-RETA 600, New Century, Kansas 66031 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities from the Property into the road right of way, sidewalk, utility, drainage and maintenance purposes, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, and operating road right of way, sidewalk, utility, drainage and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: Sprint Network Real Estate ARN______PRN_tf..~L1~ 7 SUBORDINATION OF UTILITY INTERESTS OR: 4149 PG: 0326 NATURE OF ENCUMBRANCE iDATEI i !12717781 ".',O"'.W'."M'''' __,m '"'v., ..,..''''w'_h _, ow' ',.',^' , v.__rw FROM OR AGAINST Ii IN FAVOR OF ~--1 RECORDED BOOK-PAGE United Telephone Company of Florida Easement Eli Baron individually and on I behalf of Elba Development Cor oration ,..,... ",'- '",.w _. _,__'__" United Telephone Company of Florida OR Book 1239 Page 1129 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County, If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements, 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6, This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. OCK, Clerk ~t&k At stu to Ctla 1 nuA>~uty Clerk s 1 gnat,ur. J on 111 BOARD OF COUNTY COMMISSIONERS cOLLlER~UN~DA BY: ,~-~__ FRANK HALAS, Chairman Signed, sealed and delivered in our presence as witnesses: ~4~ WITNESS (Signature) Name: ~ A-1'2-V E. /(" oS e A (P..r.int or Type) ~ \~d1n, ~ ITN~gn::;; Name: ///JaJ /~O/J (Print or Type) Embarq Florida, Inc. fka Sprint-Florida, Incorporated successor by merger to United Telephone Company of Florida By: ~;2,. /VI d..A PresidenWice President SUBORDINATION OF UTILITY INTERESTS OR: 4149 PG: 0327 STATE OF FJ.OR'bA COUNTY OF 6/211-1 P The foregoing Sub_qrdination of Utility Intkests was acknow/9,dged before me this /Cfv-n d~YAf ~C-~c)be:t ,2006, by k'flll/v c(', 111(l_Lit~j.r~ (Name), as V'I./ - e-fwc1R <;f'rl v ICf>S (Title), of Embarq Florida, Inc. fka Sprint-Florida Incorporated successor by merger to United Telephone Company of Florida, who is personally known to me or who has produced as identification. r.-----~OL.A..STO;;E-~r" 11 : Notary Public-State of Florida f II My Commission Expires Apr. 25, 2007 Commission #DD197593 ~..~_..'~r #_...w ~A~ o~~~ (Signature of Notary Public) C4/loA f). S-foNe (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if an~ p e /9759.3 My Commission Expires: /loR ,. -o2S" c;;LtJ(J "1 , (affix notarial seal) Approved as to form and legal sufficjency: tIeL yl"-- HSidi F. Ashton Assistant County Attorney SUBORDINATION OF UTILITY INTERESTS EXHIBIT A I'f.' Pa~, (,of_7rL OR: 4149 PG: 0328 ..... . .. SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCE:L NO. 101 PROPE:RTY OWNE:R: MHC..,NAPLES ESTATES LIMITED PARTNERSHIP RE:FERE:NCE:: O.R. 2476. PG. 2427 ARE:A OF TAKE:: 0.58 ACRES :!: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT ..()F-wAY, DRAINAGE AND UTlUTY EASeMENT .;", "-~ C\j f- ~ ::::>- - ~I ~ co a ~ ~ a(.:) t30f- Co..~ c5~~ (.:)- oq::a:i esQ :5; 52 LJ ~ a oq:: ~ -J <.. c-oq:: aO)kj O~cJ S....... ;<: "'oJ. W0ffi o:::o..~ <.::> ..::::> f--CO oq::f'-J , t U')COfO oq::o.. -I f- ~ ~ g: T.C,E, = TEMPORARY CONSTRUCTION P.O.C, = POINT OF COMMENCMENT P,O,8, = POINT OF BEGINNING R.O,W. = RIGHT-OF-WAY "-'--' THIS LEGAL DESCRIPrlON AND SKETCH PREPARED BY: MA TCHLlNE SEE SHEET 2 OF :3 ~ ~ I ~ 3/ +27.32 57.00'R ~ ci n: ).. -.J ~ VJ ~ (!) ~ VJ X L.j g I oj ; I [0 ~ I ~ I I ~~ N"- ~ ~ (3 <.I) 9:: ~ es ~ 0:::. '<:l:: 0.. ~~ -C\j ~ -10 <.1)0.. ~ .. ~~ I-;~ f2C\j Vln:: LWd c: ~ 6 ~ EASEMENT JY..QI.r;,. BEARINGS. ARE BASE:D ON 'THE: SURVEY BASE:LlNE OF COUNTY BARN;'R(jAD~")i,S',BE:ING N 00'34'56" W. . . ~ ~ '. .=..,:. ..' LEGAL DESCRIP.-TrON.:AN6/~SKETeH. SHEET 1 OF 3 DESCRIPTION: PARCEV.101;' CLIENT: COLLIER COUNTY.TR NSPORTATION.',DIVISION ....!'\, ::::tlGN6L1 .....13 ..... ..... ~RBER & ......13 ...... ...... RUND~GE."'c. PrOfessional engineers, planners, &. land surveyol'll CoUl., COUDty: Suil4 200. 7400 TUIlloml TroU. /lorUlI lIopl.., no 34108 (230)507-8111 lAJ. COUDty: OODO COOODut Rood, Suil4 1031 SoDlta SprlDro, PL 34135 (UOjD4lI-88n CortUloal4 or 4uUlorl.OUOD No.. lB 3ll~ &114 liB 388~ ,""', (23VjM8-2203 ~ri ~~I ~~ -J Lw~ (!)..... '<(VJ .., <::"'l: ~ I I:;q:Lw ~9 I gs~ . ~ -0 ~:::> ~ '1-1 CD It') N 't- I- o -J I II ~I 31 Cl ~ b:J (5 co ~ .f I 0::: ~ 0) (I') ~ I <: ' 1i a::: 0 Lu 0 oq::n:: ).. . 0 S;! <b CO .!0 + ... ~2 ~ ~ v ~ N 0 ~c 0 ~ a () 3:: . . <b0) tr)O ~~ ~<o gC\l 8 :z: + N N g + o N +O.OQ 50. OR t5 '<( ~h ~C5 /-Q::Eii Q".tR ---:<e(l') ~L.j~ 18~f:~ a:::O-.JCl:) oq::O::~ll) 10..8:::>-2- (1')0 . 0<: <0 Q '<( ~ 0 , 0:: [;3. . Q . Lu . <b .!0 co p a :z: ) t'll . -LJ (:)<.) "'~ I I , I I I I dEl (j(fj eta oq::~ QCl::: Q 8 8 BY: G 0 E W. HACKNEY, . .S.M. NO. 5606 SCALE: 1"...; 100' DATE: MAY.6, 200Q DRAWN BY:-ll.81i PROJECT NO,: 8081-CBR ACAD NO: 9073~SD101 FILE NO: 907~ 'EXHIBIT t\ ~ ~ &_0{ 7:< OR: 4149 PG: 0329w SECTION 17, TOWNSHIP 50 SOUTH, RANGE. 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 101 PROPERTY OWNER: MHC-NAPLES ESTATES LIMITED PARTNERSHIP REFERENCE: O.R. 2476. PG. 2427 AREA OF TAKE: 0.58 ACRES :l: ~ ,~ ~ II N~ O ~ d C/) o J I o ~I I ~;j; 5 t<') ...J .. . I 1 . ~ I I ~ ~ I g ~ I I + ...J -;\t1 ~ .... 0 31 I 0::-;- . ~. 1 I <: . 0::0 l ~a: t:il .~b ...J 1-0 ~ II~c o~1 0 ~ tr) I (.) C\J .... . '1-\ t<') t- o ...J ~ ~ I I I- 'I- ~~ 51 kJ~ ~...J e".Vl . I ~L;'j. " ~C ~ I Q- . -J o 5 ll')J:: ~~~==> .....--g ~~. . .... - ~ :;::. c:i 0::. >- -J ~ ~~. .ct) .Il') q ~ 't ~ .... ~ 10 e" 8 ~ ~ <:: V) X li.J 3l::. PEJ3PETUAL. NON-eXct.USIVE R(W) RtGHT~-'NAY, ~GE AKJ UTlUTY.EASeIENT C"l I- - ~- - f2, ~ 0;) II ;<:C <:) ~ .--. C/) . lLit;.!)J<.- oa..~ c5 ~- ~ ~- ~o:j liJo.. s: a:: 'O:J co kJ ~ ~ ~ (jj (rj kJ [ti · ~ .>- 't ~ ~ c ~ ~ o :1 o ...J P.O.B. 3l:: . ~ .!O - t- O) c:o <: t5 "<'(. ~I- I ~~ C5Qa5+i' I-:>:~ ~ -,~L...i~ I~~t~ O::O::iQ:) oq:0::J::ll') o..Cl==>c:i I ~~'-- 0.."<'( . 0 ~ ~ r--: .... 10 co 3l:: . 10 .!O 't !"'l 8 .<:: I I I ~ LU I C3 cJ "'....: I G:J fa o~ Q:::Q. I ~~ .Q. I I ~ ~ -J C eJ & g: i!: ~ <: 9: ~ f5 ~ 0:: ~ ~~ ~t\I :::it;.!) C/)a.. I::!- :o:(~ J-:~ f3C"l C/)a: LUd cC '00:( <: ~ ~ MA TCHLlNE T,C,E, = rEMPORARY CONSTRUCTION EASEMENT SEE SHEET 1 OF 3 P.O.C. - POINT OF COMMENCMENT l&iE;. ~EARINGS-ARE BASED ON mE SURVEY BASEUNE P,O,B, = POINT OF BEGINNING OF cOU~rr?-A~~'.:RQAD AS BEING N 00.34'56" W. R.O.W. = RIGHT-OF-WAY LEGAL OESCRINiONANO..SKETCH SHEET 2 OF 3 THIS LEGAL LlESCRIPTION AND SKETCH PREPARED BY: DESCRIPIION:PARCEL 101 , CLIENT: QOLLIER .COUNTY- TR SP,ORTATION DIVISION G OR E , HACKNE , P,S.M. NO, 5606 SCALE: 1" =: 10Q' DATE: MAY 6. 2005- DRAWN BY:~ . PROJECT NO,:80B1-CB~ ACAO.NO: 9073-50101,A" FILE NO: 90n ....~ :::: aNOU ..... ::::: ~RBJ'i:R & ......13 ...... ...... RUNDAGE,DlC. Professional engineers, plannerll, & land surveyors cow... Collllti)': IIu1to 200, 7400 TamIamI Trail, Korthl Kapl_, n. UI08 (2:l0)5D7-!IU Loo Couti)': 00110 Cooouut Rood, Bi1Ito 10!l Baalla 8prlD,p, PI. UI:16 (1lI0~-He! C4IrWI....to of AlIthor\saUou Ko.. UI :I6CK Uld IB _ Pol (11I1)008-1108 BY: EXHISI,T_ A Pa~ '3 . of 7d. - ".0. OR: 4149 PG: 0330 SECTION 17, TOWNSHIP $0 SOUTH, RANGE. 26 EAST COLLIER COUNTY, FLORIDA LEGAL DeSCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) PARCEL OP LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS POLLOWS; . BEGINNING A T THE NORTHWESTERLY CORNER OP THA T PARCEL DESCRIBED IN OPPICIAL RECORDS BOOK 2476, PAGE 2427, PUBLIC RECORDS OP COLLIER COUNTY, PLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OP WA Y LINE OP COUNTY BARN ROAD (100' R,O. W.),' THENCE SOUTH 00'34'56" EAST ALONG SAID EASTERL Y RIGHT OP WAY LINE A DISTANCE OP 1694.88 PEET,' THENCE LEAVING SAID RIGHT OP WA Y LINE NORTH 01'08'56" EAST A DISTANCE OP 827.66 PEET,' THENCE SOUTH 89'38'51" WEST A DISTANCE OP 8.00 FEET; THENCE NORTH 60'34'56" Wt'ST ALONG A LINE 17.00 PEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OP 867.16 PEET TO AN INTERSECTION WITH THE NORTHERL Y LINE OP THE APORESAID PARCEL; THENCE NORTH 89'11'52" WEST ALONG SAID NORTHERLY LINE A DISTANCE OP 17.00 PEET TO AN INTERSECTION W/Thf THE APORESAID RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.58 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OP RECORD; ABSTRACT NOT REVIEWED. ~~N<?N-exa.uslve AND 11'nI..}NAY, DRAINAGE ..... ....I! J EASeMeNT . . THIS LEGAL DESCRIPTION ANO SKETCH PREPARED BY: LEGAL DESCRIPlI,O'N: :A'ND:,'$.KETCH 'SHEET 3 OF 3 DESCRIPTION: PABt:~I;.'1.bi' ,..,,','. <' CLIENT: . COLLIER COUNTY TR(>.f\lS.PO~T A TION DIVISION ....~ ::::c-tGNOLl .....0 :::::UARBER & ......13 ...... ...... RUNDAGE,lKo. Professional engineers, planners, &. land surveyors CoIU.r Co\lJll.r. SuIte zoo, 7~0 Tlmloml TnU, North, Nlpl.., n. 34108 (Z3g)~g7-3111 L.. Counl,., gggO Co...nut Rold, SuIte 103; Bolllla Bprinli, n. lU135 (z3u)U43-8883 Clrt.1tlolte or .l.uthorlraUon NOI.. LlI 3tle4 IUd lB 3ee4 Pas, (23U)lltle-ZZ03 a/22/05 . . ..BY::::; .EO G.E' . .HA EY, P.S.M. NO. 5606 SCALE: '.. . N. T.S, DATE: MAY 6.. 2005 DRAWN' BY:~ PROJECT NO.:8081-CBR ACAD NO:9073-SD1016 FILE NO: . 907~ SECTION 17, PARCEL NO. 701 PROPERTY OWNER: MHC-NAPLES ESTATES UMITED PARTNERSHIP REFERENCE: O.R. 2476. PG. 2427 AREA OF TAKE: 0.60 ACRES :i: Laj ~ c::i oq: ~ -.I oq: C- OO'lLaj o ,.!. 0 ~oo <: - I:8c3f5 c:t:a..tE <:.::i _:::> I--CO oq:/'t) . . C1)CO~ oq:Q.. -.I I- ~ U ~ ~ 00 asa ~/'t) ;J:c3 ~Q.. CO; 0:::00 oq:oq-. G~ 0:0:: d EXHIBIT -A- OR: 4149 PG: 0331 page-L of.).L o o + OJ .... o o + IX) .... o o + I' kJ ~ GJ V) '<C co ).. ~ Cl::: ~ TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHLlNE SEE SHEET 2 OF 4 o o + (0 C d O:::~ ~, 0:::0 oq:' coO::: ~8 ~- :::>'- 8 LJ""" <:::, <0 a0+! o ~" t-: C/) ;;;;;; kJ Ol Ol i:d G3 ~ l1.J ~ u~'<C · . O::Q..O <0 <0 oq: 0 (Q ;; Y"l a.. Cl::: d t"l ; Q..'-' o 0 o 0 V) ~ o o + It') o o + ~ s: 6 ~. ~ <0 Ol ).. \() 0 -I ~ ~ Cl::: t"110 ~ g t\l V) ~ L:i D :c::: J:;:: S[! ~ 8 + I'") 8 + N I I - - _~J .... .... RA TTLESNAKE HAMMOCK ROAD (C,R. 864) (R,O, W. VARIES) +69.00. 50.00'R ~~ N~ O ~ d CI) a.. ~ as ~ 0::: ~ ~~ 5E~ :Jc3 V) a.. ~cO ~~ ~~ V)ct: L1j' -.10 a.. oq: ~ I U ~ EXISTING NORTHERL Y f? O. W, LINE T.C,E, = TEMPORARY CONSTRUCTION EASEMENT ~.O,C, = POINT OF COMMENCMENT ~ BEARINGS ARE BASED ON THE SURvty BASELINE P,O,8. = POINT OF BEGINNING OF COUNty BARN ROAD AS BEING N 00'34'56" W. R,O,W, = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 4 . ~ ~ . THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 701 . \i : (' i CLIENT: COLLIER COUNTY' J, NSPORTATlON DIVISION ....~ ::::tlGNOLI .....11::> :::::UARBER & ......13 ...... . ...... RUNDAGE,IIOC. Professional engineer'll. planners. &: land surveyors COllIer COWltr. 8ul1.o 100. 7400 Tamlami TroD. lIorth: lIopl.., n. 14101 (21lO)eV7-3111 Leo CO.....tr. VVIIO CooollQt IIood, 8ul1.o 1031 Bolllla Sprlnp. PI. U1S11 (asV)1I4.II-ess3 CoriUIoaIo of .llltl1oriu.tIoD. 1100. IB _ oA4 Iil SlIM J'u: (118_-1103 BY: 8 31 05 GE GE W. HACKNE 5606 SCALE: 1" = 100' DA TE: AUG. 22. 2005 DRAWN BY:~ PROJECT NO.: 8081-CB8 ACAD NO: 9073-SD701' FILE NO: 9073 TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHLlNE SEE SHEET J OF 4 OR: 4149 PG: 0332 SECTION 1 7, PARCEL NO. 701 PROPERTY OWNER: MHC-NAPlES ESTATES LIMITED PARTNERSHIP REFERENCE: O.R. 2476. PG. 2427 AREA OF TAKE: 0.60 ACRES :l: EXHIBIT A pageL of..1J... +37.28 77.00 R +27.J2 67.00'R 0 o Qj C\j I- ~ :::>- - ~~ ;q:: 0 t ~ - tC!) t3dl- co..~ c5t<)~ C!)- -q:cti fSQ ~ ~ ~ ~ I ~ 31 ~ I~ ~~I ~~ t5~ <(V) tril ~ L;5 .. I<(~ .... O:::!- 31 I ~~ -OV~~ ~ ..\ tD lC) N : o -J I h ~I .. 31 c d-. Q::~ <:' Q::O -q:' ll:l~ }...O 1-0 <:- :::>'-' o <..) ;;=j Qj s lJ.J . <0 ~ <0 ~ 0) <0 (f) s c:i a:: ~ -J ~ V) L;5 c.:> :z: J::: V) X LLJ . t<') "" 1u ~ 0) <0 ;;: Lu <: a V) <( co ~ ~ 0::: :::J V) t5 <( :z:!- ~a5 -a:::E a .~ _ >-= VI :<l:L;5 [jS: <..)~~ 0::0:J -q:0:::J::: o..Q::> ~a to ~ ~~ ~ r--.: 0 1ti :ti 8: s lJ.J . <0 co .'" Y'l <0 <0 P P o Ci ;;: S t - w........ coO) (5<J+i ",0 ~~ I'-. I--,: V) Lu . co cjEa~ 8l'.l 0 ;;: <..)trj<( 0::::00 0 -q:@;1O + N 0..0:::' N Q8 LJ ~ Q -q: C -J <: c;;:-q: a...' LJ O I , S " <..) ;:2:CO ~ t8deJ Q:: 0.. tt: C!) ~::> I- - ll:l -q:"J " t (/)ll:l~ -q:o.. -J I- -J <..) ~ -q: ~ o o + a N + o. 00. 50.00'R A 8 ~ " N"- ~ ~ ~ (/) 9:: ~ fS ~ 0:: -q: 0.. 8~ ~~ -C\j ~ :::Jd (/)0.. ~tO ;-:(1'-. r-- '0:1_ t3C\j (/)a:: !.lj' -JO 0.. -q: <: I o :r: ~ MA TCHLlNE EASEMENT SEE SHEET 1 OF 4 !:}QE.L BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD, AS BEING N 00"J4'56" w, LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 701 .. CLIENT: COLLIER COUNTY TRANSPORTATION; PIVISION T.C.E, = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O,B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY ....~ ::::tlGNOU .....!::) :::::UMmER & ......13 ...... ...... RUNDAGE,mc. Professional enginears, planners, & land surveyors CoWo. CoUDt,., lIuIt.e 200, 7400 Tamlaml Tr&IJ. Northr Nopl.., Plo UI08 (23V)007-3111 IAo Count,., 00110 Coconut lIood, Sult.e 103; BoDit& SprlD<<o, PI. UI86 (2301048-8883 CotUtloot.e or .I.uthori..Uo.. No.. t8 38M aDd D 3ea' paz: (230jOea-2203 8/31/05 BY: GEOR E W. HAC~NEY. .S.M. NO. 5606 SCALE: 1" = 1 00' , DATE: AUG. 22. 2005 DRAWN BY:~ .. PROJECT NO.: 8081-CBR ACAD NO: 9073-SD701A FILE NO: 9073 OR: 4149 PG: 0333 EXHIBIT ~ Page...1.a.- of...2L SECTION 17, TOWNSHIP 50 SOUTH1 RANGE 26 EAST COLLIER COUNTY1 FlORIDA PARCEL NO. 701 PROPERTY OWNER: MHC-NAPLES ESTATES LIMITED PARTNERSHIP REFERENCE: O.R. 2476. PG. 2427 AREA OF TAKE: 0.60 ACRES :l: Sl "i- ~ o -J ~~ N~ O ~ G U) o J I o ~ I I ~+5 I') -J I I ~ I I ~ ~ I g ~ I I + -J -~~~ h. 0 9 I I Q::~ I I ~O "i- "0:(' ~ Q:)Q:: 51 ~b -J 1-0 ~~C 8 I 18 + It) N "<l- I') ~I -J ~ o a:: >- -J ~ · d, (/) 100 ,!l) . ~ ~ ~ ...... t') 10 ~ gl"\l ~ =<:: (/) X l"j ~ C\l I- ~ ::::>- - ~~ :<( 0 It ~ _ c;" V> It LL101- oa..~ <s~g: c;,,- ~~ LWa.. s; ii: kJ ~ td (/) "<( co >- ~ ~ (/) ~ ~ I I fo-. "i- ~~ 5\ kJ~ -J ~V) ~~~ ..... ~t + I 0_ " -J o h. It') j::: o 9 1----1 (',j:::J + '----I{I ---- g Ol :1 o ? ~I o -J P.D.C, P.D.B. ..... ~ . . l"\I l"\I ,!l) ,!l) - - t- t- O) 0) Q;) Q;) (I) =<:: ~ "<( ~fo-. ~Cj -0;l:E o ~ - >-" ~~ [js o~~ O::O:J .q:0:::j::: a..a:::J ~a O~ . Cl.. ~ <0 II') 0 ~ 0::: - 1OCl.. K 12 10 Q;) ~ ..... . . 10 1B ,!l) ~ "i- t') t') 0 0 0 0 =<:: (I) LJ----- c(j4i "'''';V') ~ [jElu o(/)~ 0::00 _Cl..IO .....0 . a..g:~ \ kJ ~ -J ~ eJ Cl.. o &: >- -J eJ ~ n::: o <: ~ ~ eJ ~ 0:: "0:( a.. ~~ -C\l ~ -.10 v> a.. ~(.C) ~!;t: f2C\l v> a: kid -J Q. "0:( <: I o :t ~ MA TCHLlNE EASEMENT SEE SHEET 2 OF 4 ~ BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00.34'56" w, LEGAL DESCRIPTION AND. SKETCH SHEET 3 OF 4 ' . , THIS LEGAL DESCRIPTION AND SKETCH PREPARED ay: DESCRIPIION: PARCEL '701 . . CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION T.C.E, = TEMPORARY CONSTRUCTION P.O.C, = POINT OF COMMENCMENT P,O,8, = POINT OF BEGINNING R,O.W. = RIGHT-OF-WAY ....!\ ::::H..GNOLI .....(3 ::::: ~BER & ......13 ...... ...... RUNDAGE,lIIc. PrOfessional engineers. plaIl11ers. & land surveyors CoW.,. eo....t.r- Bulle 100. 7.00 TamIamI Troll. Korth; Klpl_. n. lUll111 (23V)517-Illl La. C.""t.r- IIVO Cooallut Roat!, Bulle 101, Bol11ta BprlDp, no lUnll (1a1)1Ull-aau Corilftaale of .luthorluUOIl Ifoe. Ul _ ...4 D 11M Pal (18I_-aaOa BY: a 31 05 E RG .W. C E.Y,'f> .M. NO, 5606 ,,".'...' SCALE: 1"= 1 00' . DATE: AUC, 22. 2005 DRAWN BY:~"PROJECT NO,:8081-CBR ACAD NO: 9 073':::" S0701 B FILE NO: 9073 OR: 4149 PG: 0334 EXHIBIT ....6.. page...:L of..2a... SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NOR TH WESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2476, PAGE 2427, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE SOUTH 89'11'52" EAST ALONG THE NORTHERL Y LINE OF SAID PARCEL A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEA VING SAID NORTHERL Y LINE SOUTH 00'34'56" EAST ALONG A LINE 17.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 867.16 FEET,' THENCE NORTH 89'38'43" EAST A DISTANCE OF 8.00 FEET; THENCE SOUTH 01'08'56" WEST A DISTANCE OF 827.66 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT OF WA Y LINE; THENCE SOUTH 00'34'56" EAST ALONG SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 931.00 FEET TO AN INTERSECTION WITH THE NORTHERL Y RIGHT OF WA Y LINE OF RA TTLESNAKE HAMMOCK ROAD; THENCE SOUTH 89'25'22" EAST ALONG SAID NORTHERLY RIGHT OF WA Y LINE A DISTANCE OF 10.00 FEET; THENCE LEA VING SAID NORTHERL Y RIGHT OF WA Y LINE NORTH 00'34'56" WEST ALONG A LINE 10.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 931.06 FEET; THENCE NORTH 01'08'56" EAST A DISTANCE OF 837.78 FEET; THENCE SOUTH 89"38'46" WEST A DISTANCE OF 8.31 FEET; THENCE NORTH 00'34'56" WEST ALONG A LINE 27.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 856.95 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 89'11'52" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.60 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. LEGAL DESCRIPTION AND S,KETCH SHEET 4 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL.)01 >', CLIENT: COLLIER COUNT,YI'TB'A PORTA'TiON DIVISION ....!J\ ====tlGNOLI .....13 ===== >\RBER & ......13 ...... ...... RUNDAGE,lllc. Professional engineers, planners. & land surveyors CoWer CoUDtr- SuIte 200. UOO Tamlaml Troll, North; lIople., n :U108 (238)887-5111 Lee COUDtr- 8880 COOOl1ut Ro04, Sutte 105, Bol1ite Sprll1,c.. n :U158 (258)84ll-8885 CertUloote or J.uthorlu.UOI1 110.. L8 58~ ...4 IB 888' ru: (258)6Oe-2205 8/31/05 9/09/05 BY: E.OR E_.~. .HAC) , P.S.M. NO. 5606 . ' '.-. SCALE: N. T.S. DATE:'AUG. 22. 200Q DRAVY'N>BY:.,-.~ADL.,,:.pROj'ECT NO.: 8081-CBR AcAD NO:.9073"':SD701B FILE NO: 9073 ~ q: uj -.J 8 d Cl ~ ~ CJ .... q: 0' uj lu I ~ "- cJ co I- l:i ffi~ q: Q. tt ~ U) -. :::::l (") q: ~ co -.J ~ ~ ~ I- W q: r:: I LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST (NOT A SURVEY) THE EAST /0 FEET OF LOT 456, RIVIERA GOLF ESTATES, AS RECORDED ~ IN PLAT BOOK /3, PAGES 108-1/1, OF THE :::i PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ~ t5 ~ ~ ~ ~ WEST PROPERTY UNE FOLIO NO. '70<.o;)'~8'80C07 SHEET .1.. OF .1.. I 30' J Z~ PROJECT NO: 60101 PROJECT PARCEL NO: ry 06:) A LOT 456 ~~ ~\J rv~ f3. <<~ (...-<:- rJ~ ~ RIVIERA GOLF ESTATES UNIT 2 P.B, 13, PG, 108-111 10' CONSTRUCTION EASEMENT [EXISTING 25' DRAlNIIJE EASEMENT (PER PLAT) ----------------- ------------------------- LOT 455 UMfTS OF SUBDIVISION R/W Lln~ _ R/W LIne V) ~ ~ f!: Q R/W FOR COUNTY BARN ROAD (C.R,2.68) EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR 268) R/WUne --- LEGEND: RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD ~American 11~ Consulting Engineers of Florida, LLC 4111 Land O' Lakes Blvd. Suite 210 Land O' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 COLl.JE.R COUNTY DEPARTMENT OF TRANSPoilTA.710N DRAWN BY: JCM CHECKED BY: SP DRAWING DATE: 08-/8-05 SCALE. / H.30' EXHIBIT ~ page.L,. of.2.L OR: 4149 PG: 0335 PROJECT NO: 60101 PROJECT PARCEL NO: ?JaB FOLIO NOD 0 SHEET .L OF .L , 30' , LEGAL DESCRIPTION AND SKETCH Z ~ TEMPORARY CONSTRUCTION EASE1v1ENT (NOT A SURVEY) SECTION 17, TOWNSHlP 50 SOUTH, RANGE 26 EAST WEST PROPERTY liNE ~ CL.. c::r. oo:::r ~ oo:::r LOT 456 RIVIERA GOLF ESTATES UNIT 2 P,B. 13, PG. 108-111 l...O ('Y'") ('Y'") <:::> THE EAST 10 FEET OF LOT 455, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES 108-111, OF THE PUBLIC RECORDS OFCOLL/ ER COUNTY nOR 1 DA. P::: ~ UMrrs OF SUBDNlSION 4.J ~ ......, t LOT 455 e5 LOT 454 ~ 3: [EXISTING 25' DRAlN/JGE EASEMENT (PER PLAT) i:: gs --------------- --------------_:_----- ------------------ R/W Line -- R/W Line 10' CONSTRUCTION EASEMENT ~ ~ ::,; ~ l::l R/W FOR COUNTY BARN ROAD (CR,268) EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR 268) LEGEND. RIW . RI GHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER Conc.. CONCRETE R/W Line - ~~':'Jt~.ri~~.~" of Floclda, LLe 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. -7110 Joel C. McGee, P.S.M. No. 6430 C'OLLlER COlJNTY DEPARTMENT OF 7'RAN:SPoRTATTON DRAWN BY. JCM CHECKED BYI SP DRAWING DATEI 08-18-05 SCALEI 1".30' EXHIBIT l\ Pege~ of..']L PROJECT NO: 60101 PROJECT PARCEL NOI ~oaH FOLIO NO. o~.?~ (Po 0 66 '1 SHEET 1. OF 1. I 30' , LEGAL DESCRlPTION AND SKETCH Z ~ TEMPORARY CONSTRUCTION EASE:MENT (NOT A SURVEY) /\ SECTION 17, TOWNSHIP 50 SOUTII, RANGE-26 EAST WEST PROPERTY UNE RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG, 108-111 THE EAST 10 FEET OF LOT 449, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES 108-( I I, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, LOT 450 LOT 449 LOT 447 [-- m m c:::::> ------------------------- [EXISTING 25' DRAlNNJE EASEMENT (PER PLATJ --- ---------------- ----------- ---- ~ CL. c::::r. oo::::t" -r-t oo::::t" CONSTRUCT/ON. EASEMENT R/W LIne ~ c:::> --- 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR,268) LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR I R . II CEN P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD R/W FOR COUNTY BARN ROAD (CR.268) (WIDTH VARIES) _R/W LIne ~t:~';~~~~e~" of Floc'da, LLe 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 COLLlE.R COUNTY DEPARTMENT OF T'RA.NSPoRTA770N DRAWN BY. JCM CHECKED BY, SP DRAWING DATEI 08-18-05 SCALE I I -'30' EXHIBIT A P8ge~ of..2L. co (Y') (Y') c:::> C) ~ PROJECT NOz 60101 PROJECT PARCEL NOz f7o.aX 1 D(.p;). Iii OOODY SHEET .L OF .L THE EAST /0 FEET OF LOT 429, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK /3, PAGES IOa~II/, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. I 3D' , LEGAL DESCRIPTION AND SKETCH Z ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES ~, UNIT 2 :~e P.B. 13, PG. 108-111 .()~J(-I;./] c::7'\ oo::::t'" ~ oo::::t'" ~ <::> ~ -- -.I ~ -- -.I ~ e5 ~ 1t ~ ~ LOT 429 ~ ~ ~ a: ~ ~ ~ LOT 432 LOT 428 LEGEND. R/W a RIGHT OF WAY LS . LAND SURVEYOR LB a LICENSED BUSINESS PoBo a PLAT BOOK PG. a PAGE PSM · PROFESSIONAL SURVEYOR a MAPPER CoR. . COUNTY ROAD [EXISTING 25' DRAlNME EASEMENT (PER PLAT) ----------------- ---------- ---------------~----------------- R/W Line 100CONSTRUCTlON EASEMENT EAST PROPERTY liNE & WESTERLY R/W liNE OF COUNTY BMN ROAD (CR.268J ~ R/W FOR COUNTY BMN ROAD (CR,Z68J (WIDTH VMIES) R/W ~t~'~[~~~e~cs of F1o'ida. LLe 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes. Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee. P.S.M. No. 6430 Line- COLLiER COUNTY DEPARTMENT OF TRA.N5PoRTA. rrON DRAWN BYr JCM CHECKED BYr SP DRAWING DATEr Oa~18-05 SCALEr I Na30' EXHIBIT A Page-LL of...2J.... LEGAL DESCRIPTION AND SKETCH TE:MPORARY CONSTRUCTION EASE:MENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108-111 FOLIO N . 70(Pd I?~OOO SHEET L OF .L . I 30' , Z~ PROJECT NOr 60101 PROJECT PARCEL NOr 1;0& ~ THE EAST 10 FEET OF LOT 427, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES /08-//1, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. , b~JZ'(lJ ~ ::j ~ e3 @5 a: ~ ~ WEST PROPERTY UNE LOT 427 ~ ::j )... f-. t5 @5 g: ~ ~ ~ LOT 428 ------------ [EXISTING 25' DRAlN/JGE EASEMENT (PER PLAT) ------------------- ----------------~ LOT 426 ----------- R/W LIne 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR,268) ~ R/W FOR COUNTY BARN ROAD (CR,268) (W LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD rQ~~t~[~~~e~" of F1o"da, lle 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34539 Phone: (813) 995-2800 Fax: (813) 995-1908 Certificate of Authoriz:ation No. 7110 Joel C. McGee, P.S.M. No. 5430 R/W Line - COLLl.E.R COUNTY DEPARTMENT OF TRANSPoRT.A.TrON DRAWN Br. JCM CHECKED Br. SP DRAWING DATE. 08-/8-05 SCALE. I H.30. OR: 4149 PG: 0339 EXHIBIT A page...La:- of..:L2-- PROJECT NO: 60101 PROJECT PARCEL NO: 7 DC). N I 30' J LEGAL DESCRIPTION AND SKETCH Z r------- TE1vfPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 OR: 4149 PG: 0340 P.B. 12, PG. 110-111 FOLIO NO. THE EAST 10 FEET OF LOT 365, RIVIERA GOLF ESTATES, UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 110-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE L PROPERTY liNE LOT 425 ~ ::::i ~ t5 ~ a: ~ ~ ~ :j ~ f5 ~ a: ~I Cl;: ~I [EXISTING 25' DRNNAGE j EASEMENT {PER PLAn - --------------~---- CONSTRUCT/ON EASEMENT I LOT 365 f3 ~~ ~g ~@ CJ ------------------------------- R/W Line 10' CONSTRUCTION EASEMENT EAST PROPERTY liNE & WESTERLY R/W liNE OF COUNTY BARN ROAD (CR. 268) ~ R/W FOR COUNTY BARN ROAD (eR, 268) SJ LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD R/W ~~':Jt~;~~~e~" of Flo"da. LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joe! C. McGee, P.S.M. No. 6430 Une- CYJLLIER COlJNTr DEPARTMENT OF TRANSPoRTA.TION DRAWN BY. JCM CHECKED BY. sp DRAWING DATE. 08-18-05 SCALE. I H.30' EXHIBIT .-b- P..J2- of..2d- PROJECT NOz 60101 PROJECT PARCEL NOz 70C). 0 060? . SHEET .L OF .L I 3D' , LEGAL DESCRIPTION AND SKETCH Z ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P.B. 12, PG, 110-111 FOLIO NO. OR: 4149 PG: 0341 THE EAST 10 FEET OF LOT 343. RIVIERA GOLF ESTATES, UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES /10-/ / /, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEilLE DRIVE L PROPERTY UNE FE ~~ ~g ~&l u l.i.J ~ ~ ~ ~ Ilt ~ I~ ~ - -.j LOT 343 ~ ~ ~ It ~ ~ ~ LOT 342 [EXISTING 25' DRA/N/JGE EASEMENT (PER PLAT) ----------- ----------------- ----------------- R/W FOR COUNTY BARN RON) (CR. 268) (WIDTH VARIES) 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BA/TN RON) (CR. 268) ~ LEGEND. I . LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD R/W ~fo-n~t~[~~~e~cs of Flnrid,. LLe 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Fiorida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 Une- -- COLLIER COUNTY OBPA.R.TMENT OF TRA.NsPoRTA.770N DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. 08-/8-05 SCALE_ / "'30' EXHIBIT A PegeJ:L of-2L FOLIO NO. oS f(JfS Y 600S- PROJECT NOz 60101 SHEET .LOF.L PROJECT PARCEL NOz '1 DB \0 I 30' , LEGAL DESCRIPTION AND SKETCH Z ~ TEMPORARY CONSTRUCTION EASE:MENT (NOT A SURVEY) SECTION 17, TOWNSHJP 50 soum, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P.B. 12, PG. 110-111 THE EAST 10 FEET OF LOT 342. RIVIERA GOLF ESTATES. UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 110-111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE c--..J 00::::2'" L (V') c::> C) ~ PROPERTY UNE ~ ~ 00::::2'" ~ -c-t ~ ~ q-o ::t ;g '1:l -=r; :0 a c::> LOT 343 a LOT 342 '1:l ;:g rt1 LOT 341 ~ ~ ~ ~ ~ n, rt1 ---------------------- [EXISTING 25' DRAINAGE EASEMENT (PER PLATJ ---- ------------------ ---------------- R/W FOR COUNTY BARN ROAD (CR. 268) (WIDTH VARIES) 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR, 268) COUNTY BARN ROAD (C.R. 268) s LEGENDI . LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD R/W ~t:':Jt~[~~~2cs of FI"lda, LLe 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 JOIJI C. McGIJIJ, P.S.M. No. 6430 Une- COl.LJER COlINTY DEPARTMENT OF TlUNSPORTA710N DRAWN BYI JCM CHECKED BYI SP DRAWING DATEI 08-18-05 SCALEI 1 ".30' EXHIBIT ~), page.JS:.. of EXHIBIT A "7 Page--1.k. of 7 ~ OR: 4149 PG:. 034l n SECTION 17, .TOWNSHIP 50 SOUTH, RANGE, 26 EAST COLLIER COUNTY, FLORIDA 3i:: o 0: ).. -' ~ .. C/J ~ to L:S }... ~ 0 f'ico gC\l ~ C/J Q:C:: X ~I ~ ki :-2 Q:~ U~d -, I ~a: "'I ~g ;:!; <=- 5 ::::>........ oJ 1 I 8 I I ,<.'. ';;,1; '." i:{:.~',~:':>." , LEGAL DESCRIPTlqN;'l~'t,;:H~~: .~,il:te:h(--$HEET ,) OF 2 DESCRIPTION: PARCEL 70.B" ,:'(<\ ,r 1...;1 ,\"',r ". ". . . ~ : I.:.~ f:"';~" ~ ~ :'\. " .~.,::. .... . . CLIENT: COLLIER COUNTY ~TIRANSPORTAT10N:, DIVISION : BY: :"'.;: \.:'.~' '.':~ ';". ;;.>: {. ., d egO, OE ,W. . .HA.CKN.EY.~~:': S,M. NO. 5606 .SCALE: 1';' ";;~'lOQ' '. ,bATE:AUG. 31., 200Q .'DRAWN BY:~ . PROJECT NO,:8081-C8B. ACAD NO:.9073-SD7Qa 'FILE NO: ,,,90'Z~ PARCEL NO, 708 PROPERTY OWNER: DEAUVlLLE LAKE CLUB REFERENCE: O.R. 1523. PG. 2149 AREA OF TAKE: 1.575 so. FT. :!: ~ ~~ <=tt) :::J(j 80.. It') ~(J) -" :Jf't') 8a: d o o + N LO C\j I- ~ :::J- - ~I 00. ~~~ . f2 (j I- Qo..~ c5 tt)- ~ ~- ~~ LiJa.. ~ iE I- ~Cj lJJ~ ~(fj ~L;S ~~ 10_ . -J l()!:: I I ~~ ~I~ -J I 1 I - - --::;, o 1')1 o f- + 0 o -J LO 8 ~I + f- * 31 --- CHARLEMAGNE BLVD, --- TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTi(. ~I o f- ~ 31 ..r I T.C.E, = p,O,C. P.O.S, R,O.w, TEMPORARY CONSTRUCTION EASEMENT - POINT OF COMMENCMENT = POINT OF 8EGINNING = RIGHT-OF-WAY , . THIS LEGAL DESCRIPTION AND SKETCH PRt:PARED BY: ....=.\ . ::::C1..cmou .....13 ..... ..... ARiJER & ......13 ...... ...... nUNDAG:E,OI'c. Professional engineer!!, plaIU'lers, lit. land SUI'Veyors Cow.. Counl.f: !hUt<o 200, 7400 TamlunlTnn, NortA: Napl.., n. Uloa (23g)~g7-3111 too Count.,r. DDDa Coool1ut aoacl, !hUt. 103: 1I0111t. 8p~. rt. UIM (23DjU4-aaaa Ca'tUloat<o ot .lathorisaUol1 N... LB ~ ud .Q leU l&Xl (UD)aea-UD3 (j d 0.: I +32. [JO I 50.00'R ~ .. ~ d gg 1-- l.!.J ~(j ~o.. 0::_ l.!.J(Q Q::C\j LrJ, ~cq QC",) a ~ ~.~ N~ O ~ (3 CI) S 89'04'26" E: 40.01' t5 ~I- ~CJ ~~ (fj "o:J ).:' :<( C\l ki r-..: ~ Ol c;::d: "I- 6~ LlJ Cc:~ . ~ ~ t:l }... ~~ f'i C/J oq; 0 x 0 ki (I') lJJ ~ ~ eJ Q a g: ~ gs ~ ~ cd (fj ~ ).. ~ ~ C/J b o d "'1-. ~O) ~ d- C\j ~0 -.:(0.. -J for) l.!.JC\j :JlO ~- :::Ja: 15, QO a:i d a.: .LIl:1f L1 L2 L.3 L4 LINE TABLE .LrlliW:J. BEARIN(i 75.00' S 00'27'15" E: 21.00' N 89'32'45" E 75.00' N 00'27'15" W 21.00' S 89'32'45" W PARCEL 708 PROPOSED T.e.E:. (1,575 SQ. FT. :1;) +---- PARCEL 808 I PROPOSED DRAINAGE AND UTILITY EASEMENT I EXHISJT--LL Page_17__ of 7~ . - OR: 4149 PG: 034(' SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLO WS; COMMENCING A T THE NORTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O, w.); THENCE SOUTH 89'04'26" EAST ALONG THE NOR THERL Y LINE OF SAID PARCEL A DISTANCE OF 40,01 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'27'15" EAST A DISTANCE OF 497.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 00'27'15" EAST ALONG A LINE 40.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 75,00 FEET,' THENCE NORTH 89'32'45" EAST A DISTANCE OF 21.00 FEET; THENCE: NORTH 00'27'15" WEST ALONG A LINE: 61.00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 75.00 nET; THENCE SOUTH 89'32'45" WEST A DISTANCE OF 21.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,575 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF" RECORD; ABSTRACT NOT REVIEWED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION; ....~ ::::H..GNOlJ .....!lJ :::::UAnaER & ......13 ...... . ...... RUNDAGE,lHC. Protesslonal engineers, lllanners, & land surveyoI'S CoUler Co""t..Y: Bull.. 200, 7~0 Tomloml Troll, North, Nopl.., P'L S+10e (2SU)~U7-Slll Lee Co""ly: gUUO Cooonul Rood, Butte IDS: Bonita SPrlnc", n. S+IS~ (UU)V43-eess CerUtloata or AuthorluUo" No.. UI See4 and D SeS4 . Faxl (2SU)GlI8-220S . ",,,\\,"1~~if~'~!':"il ,~." \ !..: ;":1"'1'" .',. . _. LEGAL DESCRIPTlo.N~;Q~iN,p~~$f{tJ'Gt{"'"SHEET 2 OF 2 DESCRIPTION: PA~CEL. ?9:~;,~<;\ \l~T~"I.;<.\~" ____.. .. , CLIENT: CbLLlER COUNTY JIlI,(NSPO~T ~ lJ.ON;, OIVlSION, . , r .... . .' l~.. . . . By:Z~~:,4'c:' Ai1~%fEf "Gt~~G,E'W;;:HA,~~N~"(..:':)t;:B:M. NO. 5606 ::. '(':"_~' .'~' ~. 1:-:'~\\~, . ~ ..... ,.- .: SCAl'E;: '-'::.>":'N~t~'sj ,"'>pATE:AUG. '31,. ,2005 ORA WN:teY~')~.,IAN,.,:,: 'PROJECT Nb:: 8081-CB!1 ACADNO~\~,"67.3:::::S07b~' U FILE NO: 907~ . THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ,,- ,.... EXHIBIT A , Page_ / 8'... of 7,,{ OR: 4149 PG: 0345 ,I SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, BOB PROPERTY OWNER: DEAUVlLLE LAKE CLUB REFERENCE: O.R. 1523. PG. 2149 AREA OF TAKE; 1;300 SQ. FT. :I: ~ ~ .~ N~ O ~ (5 CI) --- ~ CHARLEMAGNE BLVD. ---o~31 o 01 + -I ~ ~ I I ~ I -:1 I no~~RPETUAl, NON~EXClUSJVE ------;r-1 u""'NAGE ANO UTILITY EASEMENT ~ I I -I I ~ I- ~ ~- - t2i r;: CO Il ~ ~ Ill;.!) f2cjl- OQ..~ CS r<)" t:: ~- ~~ LJo.. s= ce r-.. 00 ~j I- ~ _'oJ ;;:: +99.56 + 0 "" liJ 90.00'R ~ -1Lj ~~ <01 I ~L5 ~~l gss -I . f:::: ~::, ~I V .~~ 814 ~~ ~ ti !~ ~ ~I I 3/ I I o ~ I ~ 53 I o d O::i' f ~ci I ~..a:: ~8 ~C o It) Ol ~I T.C,E, :::: TEMPORARY CONSTRUCTION EASEMENT I p,O,C. :::: POINT OF COMMENCMENT P.O,S, :::: POINT OF BEGINNING R,O.W. :::: RJGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....M ::::fiGNOU .....13 ::::: ~BER & ......13; ...... ...... UNDAGE,llio. Professional engineeI'B, planners, &. land surveYOI'B ColUer Coun~ lIuIte 200. 7-'Uo To.m1o.m1 Trail, North; Naploo, n ~1oa (23g)~g7-~111 Leo ColUl.~ gggO eooo,,"t Road. lIuIte 10~1 Solllta Ilprt,.p, n ~13G (2~8)~-888B C&:tltloate or .l.lIthorisaUo" No.. I.1I ~ "",4 Ell B8~ Faz. (288)GBe-UOB v- PARCEL 708 /j PROPOSED T.C.E. +59.56 90.00'R N 89'32'45" E 5.00' . wI- g <.:lC5....... c::i co~~+I ~ C"I a_~J....: co~:"l:k. ::::: 4J -,okicj ~ !:2~GJE(f) ~ 1-. c::: g; j::! 0 f'I f'I '<:( Q. ::, g 8 8 Q.. 0 C) _~ <:: V) g: ~ '-- -<<: S 89'32'45" W 5,00' P.O.B, 3::: ci a:: >.. 1:2 ~ V) ~ (!) ~ ~ kJ~ ~ b5 ~ >.. ~ ~ (f) b o c:i ";j- ~O) "'l- d- ~ ~cj ~Q.. -.I l.u ~.. ::::l~ $:- ~a:: L5, CJO ~ w It) <.:l Cl ~ I- Ii) ~!1i ::::: gs 6j . (fj ~ >..' :<( 1-. ~ LU f\l S)..... Cl C) I- Cl -<<: - <:: OJ::! 0::::;) (!) <::~ G;-<<: K ki <J ci cl S 89'11'52" E 40,01' MHC-NAPLES ESTA rES LIMITED PARTNERSHIP O.R, 2476, PG, 2427 , 11.. ,. .~' '..: ,~'~ 'i'~:: ..;..~(; (,::, ., " :.. '. ','" ,< :.-,:. '" LEGAL DESPRjR:r;tO:t;;r:~i~~.D.>,SkETq1';:.SREET OF 2 DESCRIPTION: P l\~egL' aO,8:':'\::" ,.. ,_ CLIENT: COLLIER'" COUNTY :!RAt:lSP:o.~T~TlON:, DIVI:~~ON . BY: GEO. ~.',...J4ACKN P.S,M. .NO. 5606 '"P;' ., '''''', " . Jr...-:"",,",j:,," . SCALE;,. ' 1, ==10Q DATE:.eUG. 31. 200Q DRAWN BY:~ ,PRO~ECT.NO.:B081_C6R ACAD. NO::i2073'-SD8Q.e, FILE NO: 90(~ EXHIBIT A PaQe-1 Cf _ of_ 7 ~ OR: 4149 PG: 0346 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNT~ FLORIDA LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OP LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, . COLLIER COUNTY, PLORIDA, BEING MORE PARTICULARLY DESCRIBED AS POLLO WS; COMMENCING A T THE SOU TH WESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC. RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O. W.),' THENCE SOUTH 89'11'52" EAST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL A DISTANCE OF 40.01 FEET; THENCE LEA VING SAID SOUTHWESTERLY LINE NORTH 00'27'75" WEST A DISTANCE OF 505.4.4 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'27'15" WEST A DISTANCE OF 260.00 FEET; THENCE NORTH 89'32'45" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'27'15" EAST A DISTANCE OP 260.00 FEET; THENCE SOUTH 89'32'45" WEST A DISTANCE OF 5.00 FEET TO THE POINT OP BEGINNING OF THE PARCEL HEREIN DESCRIBED,' CONTAINING 1,300 SQUARE FEET OF LAND MORE OR LESS,' SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: .".w"""'.,....~;~(,::;.:-':~',. .:-:': c::-..~ LEGAL DES;Q:BI'~:1J:~z(:;~NO\\8Kt.TC.H>-SHEET 2 OF 2 DESCRIPTION.::,:P,?~:~Cf!F';f~.o,: ':~' <>:>. \ .. " . CLIENT: COLlIER;'.t::'OUNTY m SP9Jt1'A1lDN :DJY.ISION . -;-"', ";', - . !., . , . ....~ :==:tiGNOU .....13 ,==:= 'ARBER & ......(3 ...... ...... RUNDAGE,lIlc. Professional engineers, planners, &: land surveyors CoWe. count,y, Suit. 200. 7~0 Tamlaml Tra1l. Noril>1 Napl... n. :UIOS (2SQ)SQ7-S111 .Le. Count,.. QQQO Cooollut Road. SuIte 10SI Boll1ta SPrin4:.. n. :UISS (2SQ)fUa-8BSS Certlnoate o! .i.u!hOrl.aUoll No.. LIl SB~ me!. ED 8BB.. FUI (2SQ)6BB-2208 By:.:'..' GE ' W; '.HACKNEY. S.M. NO. 5606 SCALt:~, N.T.S,. DATE: AUG. 31. 200Q DRAWN BY:~ PROJECT NO.:8081-CBR ACAD NO: 9073-50808 FILE NO: 9073 EXHIBIT A . Page~()... of ?~ OR: 4149 PG: 0347~.. "'Cf' StCT/ON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO.. 112 PROPERTY OWNER: . WOODMERE RAQUET CLUB REFERENCE: O.R. 26. PG. 108 AREA OF TAKE: 0.19 ACRES :I: PERPETUAL, NON-exCLUSIVE ROAD RIGHT-oF_~Y, 'DRAINAGE AHO unUTY EASEMENT I L WHITAKER ROAD "J f- Q) g eJ - + CQ:::~ ~ cj~Q Q< ~ - ~~~ >-u~ u-::CC\l ~ ~ ::: a +5.80 50.00 R . ~ ~ N~ O ~ (j tr) o o + C'l lJ1 ~ I") It') 8~ 1') K L,J ~ . ;., '=: ;<l" :!:: > 0 ,..: lr.l ~ '-' r--. a a:: l'l Vl o 8 ~ <: C/J x ki ~ dCQ f-a Lu- ~, o~ "<{Q 0::: ~ Lute Q:::C'\l UJ. 23~ a ~ o o + '<j- lJ1 CYNTHIA LANE ~ ~gs :::"J ~c3 8Q It') - 8]0) -'" :j"J o ()a:: c:i Q "<{ a O:::~ ~ :::. a 10:::0 C/J '<:C~ 0:<: en :- en a >- ~a ~ :::- 0::: -............ -.. -.J V) 18 I . - l/")\() r:::~ l'l\() 8~ <: PARCEL 712 PROPOSED T.C.E.. PARCEL 112 PROPOSED f:i>OADWA Y, DRAINAGE AND UTILITY EASEMENT (0.19 ACRES :1:) 1 1 I- o'<j~ lJ.J~ - 6-1 S;i!~ + 3;L5 LO T 339 ~ I 0:<: >- ~O:::I- RIVIERA GOLD ESTA TES I I ~ ~ UNIT ONE ~::::> PB 12, p.G 110-111 K /TRACT "G" / / LOT 340 I --- +32.80 50.00 R N 89'04'26" W 35.01 DEAUVILLE LAKE CLUB O,R, 1523, PG, 2149 P.O.C. P.O.B. R.O.W. == POINT OF COMMENCMENT == POINT OF BEGINNING == RIGHT-Or-WAY tlSJ:re. BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN R.O~:Q"'.4)S:E!EJN.G N 00'27'15" W. " ~. .~ ..~, , . ''''; I:' "."'. '. LEGAL DESCRle"l~I'O;DJ':rAND.'SK-E.TCH SHEET 1 OF 2 DESCRIPTION: PAJx.8ffil:/~~:12'.. ~. <\', CLIENT: COLLIER: COUN.:ry TRAN P.QRT'ATION ISION . ..~; ,. . :"( ','~. '.,:" " ".~ - ~ . 'F3Y;:'. 51'. :; "', EO G"W.':'HAcKNE , P.S;M. NO. 5606 SCAli::':<;1,,;,"~'::i,~6'" OATE: AUG. 31. 200!2, DRAWN 8Y:'~ PROJECT NO,: 8081-C8R "'ACAD NO: 9073-SD112~ FILE NO: 9073 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: "...~ .... .... GNOLI .....u :::::OAREER & ......13 ...... ...... RUNDAGE,lllC. Protesslonal engIneers, planners, &: land surveyors CalUer County: SuitA 2001 74-00 T..m1unJ. rraJi, North; tiapl... n 34108 (23lJ)rU~7-3t11 Lo. Coun1r. gggO Cooonut Road, SuIt. 103; Bonlt.a Spr'lnp. r'L 3~135 (23g)g~-5553 C.rtltloat. ot J.uthortuUon 110.. IB S5~ and Ell 3554 1uI (23g)5I18-UOS EXHIBIT)} Page d lof 7 J. '" . '" SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 2fj EAST, COLLIER COUNTY, FLORfDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING A T THE SOUTHWESTERL Y CORNER OF THE WOODMERE RACQUET CLUB AS SHOWN IN CONDOMINIUM BOOK 26 PAGE 108 PUBLIC RECORDS OF COLLIER COUNTY FLORfDA; THENCE NORTH 00.27'15".. WEST ALONG THE ~ASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD, (100' R.O, VV,) A DISTANCE OF 473.00 FEET,' THENCE LEA VING SAfD RIGHT OF WAY LINE SOUTH 04.40'43" fAST A DISTANCE OF 475,13 FEET TO AN INTERSECTION WITH THE SOUTHERL Y LINE OF SAfD WOODMERE RACQUET CLUB; THENCE NORTH 89.04'26" WEST ALONG SAfD SOUTHERL Y LINE A DISTANCE OF 35,01 FEET TO AN INTERSECTION WITH SAfD RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED,' CONTAINING 0.19 ACRES OF LAND MOR~ OR L:.ESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, c::> ~ ~ ~ ~ \.0 ~ Q ,. . c:> c:....> ~ co PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-oF-wAY; DRAJNAGE. N<<J UTN.JTYEAW.eIT . . THIS LEGAL DESCRIPTION AND SKETCH PREPA~ED BY: .,,<' '~~~..; ;':'~1'~~""" LEGAL DESCRJ,=,,]lqN*:~AN;G'/~~E:1CH SHEt:T 2 DESCRIPTlON:PA8QEt .H2 '. ' ",c; )~..... ... '~', \ . .) { . ::;. . ..'.. .. - CLIENT: COLLlER;'COUN..TY TRASP.o..RT~ llO~ DIVISION . -, .-: . I,. '... '. OF 2 ..II.~ ::::H..GNOU .....D :::::UARBER & ......13 ...... ...... RUNDAGE,llI'c. Professional engineers. planners, & land surveyors COWer Count.r. !lulu 200. 7~a To.mlo.ml T:rall. lIorth) lIapl... n. 34108 (2lI.)ft.7-~1l1 IA. Count.r. gggO COOODUt Road. !lulu IO~; BoDlu Sp""", 7L 34136 (2~g)lU3-ftftft~ COl'UtIoau or .I.ulhoriU.UOD II... lB ~ lLDd 0 ~8U F.,,, (2lIg)6ll8-UO~ 8Y:\ ~:.:~:::.' ..~"; .~. .::'.... t:..RW~\HACKNEY. P. .M. NO. 51506 .. ~ "....,.. SCALE:, --N.r:Q. DATE: AUG. 31. 200Q. ORA WN BY: ~ PROJECT NO.: 80B1-C~B. ACAD NO: 9073..,..SD112B. FILE NO: ' 90'Z~ EXHIBIT A PageJ;( .. of /:J. OR: 4149 PG: 0349 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 28 EAST COLLIER COUNTY] FLORIDA PARCEL NO. 712 PROPERTY OWNER: W~QQ~E~E R~9.Up CLVB REFERENCE: C.B. 26. PO. 108 AREA OF TAKE:' 404' sa. Fr. :!: Y' I " TEMPORARY CONSTRUCTION EASEMENT . (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ,- WHITAKER ROAD o o + N I[) ~ c:i Cli >- I, -.J ~ I V) l1i (:) <= :!: j:::: . ' V) Ll)- X _10 LW r-..R ~IO 8C\l :c:: ~ lj Vi <:l: Q:l >- C ~ d__ ~ l() O::~ <;, 0::0 .q::~ CO~ ~2 ~c a (.) ~ tlco 1-0 lL.J"'- ==>0 ~a.. 0:: ~ lL.JtO Q::~ lJj. ~~ 8 ~ ~~ N ~,... O kj ~ <n /'r) I- 0; 8 eJ .... + Q:) :2: d ~ g~o.. p:; ~ ~~~ )...(.)~ (.)-q;:<'4 <; ~ ~ d o o + "<l- I[) CYNTHIA LANE PARCEL 112 PROPOSED ROADWA Y, DRAINAGE AND UTILITY EASEMENT ~ t~ <;/'r) ==>(.1 Sa.. f"\; I.() , ttiO'l -f'-. -.J/'r) c5 (.)~ d . s. 89'04'26" E 7.73' PARCEL 712 PROPOSED T.C.E. (404 SQ, FT. :t) N 04'40'43" W 104.95' 5 00'27'15" E: 104.48' +99.65 80.00 R P,O,E;J, I I f- ~~ Lu::E '. - """"'15-1 ~ t7i + ~L5 . . LOT 339 ~ I. I,~ ~ RIVIERA GOLD ESTATE:~I 'Iin~ UNIT ONE '" :::> PB 12, PG 110-111 K /TRACT "G" / / LOT 340 I N 04'40'43" W 67.87' S 89'04'26" E 35.01' DEAUVILLE LAKE CLUB O.R. 1523, PG, 2149 T,C,E. = TEMPORARY CONSTRUCTION .!;:ASEMENT P.O.C. - POINT OF COMMENCMENT . li,Qlli BEARINGS ARI;,':~~$,tP'QN 71-IE SURVEY BASELINE P,O.B, = POINT OF BEGINNING OF COUNTY BARN.BOAD 'As (S,.EJNG, N 00'27~15" W. ..~ ',"'\........ '_~...o,~Jo,..,.... '.f..'.~ ~ R. O. W. = RIGH T - OF - WAY LEGAL DESC:fjli#t19~\fki\iP,:~biEjCHSIlEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARGEf'$rz . CLIENT: COLLIER CO.UNTY, TR;t{~$f:l.DRl:AifION DIVISION . ..',' '.\ ...'. .. '-:.- . ",~.,,..~ :.! ~.: : >' ....!!/\. ::::l:-1.GNOU .....![J :::::UARBER & ......(3 . ...... ...... RUNDAGE,lIIc. Protessional engineers. planners, & land surveyora CoW.. C.VlUll71 Sulle 200. 1~0 Ta,oo,l~ Tra,ll.. lIortl>.l lIopl.., n. 84108 (28g)~g7-8111 L.. CVll,1l.ln gggO COOO.,ul 800.4.. Sulle 1031 SOlUle Spr!n&.. n. 3H36 (23g)Il4.e-8~e3 CorU,noole vI AUu..Ort..Uo.. 110.. ~ 3004 0/14 E8 3.~~4 . Fa,zt. (23g)606-2203 , .~.~:.. .... ...\ "~ ..'...... ..:- E:1Y:.'., . ".G 0 t::W...'HAC'KNEY,'P :M. NO. 5606 SC~l.:E~ .:. ',,: '2. .1.QQ' DATE: AUG. "'3). 20Q~ DRAWN6Y: --:.!6t::I. PROJECT NO.: 8081-G~B. ACAD . NO: 9,Q73-SP71 , FILE NO: 9,f2D. . ." EXHIBIT Page_J3 of A Ic2, OR: 4149 PG: 0350 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL QESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 90 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y OESCR/BcD AS FOLLOWS; COMMENCING A T THE NOR TH WESTERL Y CORNER OF THA T PARCEL DESCRIBED /N OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COI.JNTY, FLORIDA, SAIO CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY [lARN ROAD (100' R.O. w.); THENCE SOUTH 89'04'26" EAST ALONG THE NOR TH WESTERL Y LINE OF SAID PARCEL A DISTANCE OF ';5.01 FEET; THENCE LEA VING SAID NORTHWESTERL. Y LINE NORTH Q4'40'43" WEST A O/STANCE QF 67.87 FEET TO THE POINT OF B~GINNJNG OF THE PARCEL HEREIN OESCR/BED; THENCE CONTINUING NQRTH 04'40'4~" WEST A DISTANCE OF 104.95 FEET; THENCE SOI.JTH 89'04'26" EAST A DISTANCE OF 7, 7~ FEET; THENCE SOl,JTH 00.27'15" EAST A DISTANCE OF 104.41;3 FEET TO THE PO/NT OF BEGINNING QF THE PARCEL HERE/N DESCR/8ED; CONTAINING 404' SQUARE FEET OF LAND MORE OR Lt;SS; SUBJECT TO EASEMENTS AND RESTRICT/ONS OF RECORO; ABSTRACT NQT RE V/E WED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION} ....!1\, ::::H.GNOU .....13 ::::: ~BER & ......13 ...... ...... RUNDAGE.lIIc. Prc!oaalcne.l engl.nool'1l, plan,uol'1l. ole lal;ld aurveycl'1l Co,JIj... CoIlAV: BuLt<I 100. 7400 Ta,oaJ.o.ml Tr&ll, NoriI>l K&pl., I'L 1411N1 (1111)0117-1111 10,0 C.OIlAt,r- 1111110 QI>oa,,,.t Ilo&4. IIll,lI4 laD; lkuy.l& 1lpzjJ>,p, I'L 141:111 lUII)~-aoaa ~Q&l& 01 J,utho,li,u,UoA Ho.. UI ~ ...4 IDl aa" lu: UII)GoG-22oa , 10;; 'I \. 1 ... l , ~ f , I .',: .....i... .,;>..,;~~' \~!.~,"~~!:l~~,;;::;:'",.' .' LEGAL DESGR:lg~L0N\rAfSlp '):Sf<:E:TCHSHEET 2 OF 2 DESCRIPTION:"PA.~C.!'f."<~r2 . ,\'" "'~:. CLIENT: GOLLlER:.;C09r'qyb.TRib~;S~QRTl'-J!pN DIVISION . ;:; ':';>;;f ~~:~~~;:::. y:,"\, ,". 1 'c, ',\ ';-~: ,,;, <':':'c~E R .<. ; :.', . Y. P.S.M, NO. 5606 ;}:~'" .;/.,.....~.,_..~'''"f_.....,~;!'.... \....' 1"\ . SPA1~E:'. .. t;i. T.'S, DA TE: -6YQ. 3'. ~QOQ .A~RAWN BY:~ PROJECT No.:eq~1-r;~B. ACAD NO:.E!.o7~""~Q?1,2 FILE NQ: ~Q7.~ THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: '17 OR: 4149 PG: 0351 EXHIBIT--A- Pa~ J4 of 7c2 PER~ NON-exCLUSIVE ROAD RIGHT~-wa.y, DRAINAGE AND UTlUTY EASEMENT PROJECT NO, 60101 PROJECT PARCEL NO, 1/3A I ~ I I I I I J I ~ I I I I I I I I I I I I I I- 12'--1 2tJ' I I ~ I I I I I I I I I R/W \ \ R/W Um LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET L OF L ~ ',. ~~ LEGEND, RIW , RIGHT OF' ''AT LS , LANO SURVEYOR LB , LICENSED BUSINESS P,B, . P1.AT IlOOIt PO, , PAGE PSW , PROFESSIONAl. SURVEYOR a IlAPPER C, R, , COUNTY ROAl) D,R, . OFF ICIAl. RECORD LEOAl. DESCRIPTION, PARCEL 110. 113A THE EAST 27 FEET OF' THE FOI.LOW' Nil DESCR' BED PllDl'ERTY I THE NORTH 112, OF' THE SOUTH 112, OF' THE NW l/~, OF' THE HI' I/~, OF' SECTION 17, TDIINSHIP 50 SOUTH, FIAAGE 26 EAST, COI.LIER COUNTy, FLORIDA, LESS AIlD EXCEPTING THE lIEST IOB5 FEET THEREFOF', ANO LESS ANO EXCEPT ING THE EAST 50 FEET ANO THE SOUTH 20 FEET THEREOF', "cST' f'ffJPERTT Ulle NANCY & DELBERT ACKERMAN FOLIO NUB1v.IER: 0042744007 O.R. 2436, PG. 1913 ~ : e -----____L.~T0I7~__ --------------------------------~-~-~~~~~!~~~-- 27' , P R/W cAST f'W:IP!RTT lAIE . "ESTeRlr R/'tf UIIE OF' CWIITY BNIN RO.fD IC.R. ttl6J e.. R/rr FOR a ~~ ::::'s"f>>D 1C.R.2IJ8J COUNTy BARN ROAD (C,R. 268) NW ~ OF THE: NW ~ SE:CTlON 17 NE: ~ OF THE: NW ~ SECTION 17 1 .xJEL C.Jld;EE, f>SI/ PROFESSIONAL SUNEYDR MID MAPPER FLOR/()A CERTIFJC.4TE No. 64)0 "~American . ~ "'ra ConsUlting Engineers of Florida, LLC 4111 I.and O' I.akos BlVd. Suite 210 I.and 0' I.akos, Florida 34639 Phone: (813) 996-2800 Fax: (613) 996-1908 ~ertlfIoate of AU!horlzatlon No. 7110 DRAWN BY. ,JCl.l CHECKED BY. Sp DRAWING DATEI OS-IS-05 SCALE. 1".50' crJf..UBR COUNTy DBPART/tIBNT dp 17lANsPoRTA.770N OR: 4149 PG: 0352 EXHIBIT )J ~ ~~ 01_ j,,] PERPETUAL, NON~EXCLUSJVE UTILITY EASEMENT PROJECT NOI 60101 PROJECT PARCEL NOI 913 LEGAL DESCRIPTION AND SKETCH -=Z .- --._-.~ .-' . (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST CO;LLlER COUNTY, . FLORIDA - . "-0" ._. __. _'.. ...._._.. .. LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P, B. . Pl.AT BOOI( PG. I PAGE psu . PROFESSIONAL SURVEYOR a ~PER C.R, . COUNTY ROAD O,R, . OFFICIAL RECORD LEGAL DESCRIPT]ON . PARCEL NO, "1~, THE WEST I 0 FEET OF THE EAST 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY, I I ) I I I J I I I J .1 . I I J I . I I ~ I I ../ ::i I I ~. I I I I ll.; I i I I J I I / 1 I I I I I 12' I f-- ~ 20' ~ j \ \ THE NORTH 1/2, OF THE SOUTH 1/2, OF THE NW I/~, OF THE NW I/~, OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. LESS AND EXCEPTING . THE WEST IOB5 FEET THEREFOF, AND LESS AND EXCEPTING THE EAST 50 FEET AND THE SOUTH 20 FEET THEREOF. weST PROPEIfT'r UNe NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O,R. 2436, PG. 1913 ~. ::i ~ ~ i PROPOSE.D R/W '\.EAST =1fT'r UNe .. weSTeRlY R/W UHf! OF Ex. RIW FOR CaJIfl"f 8AAN RONJ 1c.R, 2681 CaJIfl"f 8N/)/ ROAD 1c.R, 2681 . e 1W1DrH VM1ESJ -r E.x, R/W Une COUNTY BARN ROAD (C.R. 268) NY{ ~ OF THE NY{ ~ SECTION /7 NE Y.t OF THE NY{ ~ SECTION rr R/W Uro'-- "~American . 'lirA; Consultlng Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloete of Authorization No. 7110 Joel C. MOGee, P.S.M. No. 6430 COi..l.JER. COUNTY DEPA.RTMENT OF 7"1UNSPoRTA.T!ON - 7i/w Une DRAWN BY. JeM CHECKED BYI SP DRAWING DATE. 08~18.05 SCALE, I H. 50' OR: 4149 PG: 0353 EXHIBIT A p~ :< (p 0'_ /d PERPETUAl, NON~EXCLUSIVE DRAINAGE AND UTILITY EASEMENT PROJECT NO: 60101 PROJECT PARCEL NOz 813 LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS . P,B, . PLAT BDOlt PG. . PAGE PSW . PROFESSIONAL SURVEYOR a W4PPER C,R. , COUNTY ROAD O,R, . OFFICIAL RECORD I I I I, " I I I I I I I , I I I I J /2' I --( J ~ J...:i Ij lu R/W ne R/W Ul'IfJ- - SHEET .L. OF .L. . 25' ~ -=-~ LEGAL DESCRIPTION AND SKETCH DRAINAGEIUTILITY EASENlENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION - PARCEL NO. 813 THE WEST 13 FEET OF THE EAST 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY. THE NORTH 112, OF THE SOUTH I 12, OF THE NW I 14, OF THE NW 1/4, OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COllIER COUNTY, FLORIDA, LESS AND EXCEPTING THE WEST lOBS FEET THEREFOF. AND lESS AND EXCEPTING THE EAST 50 FEET AND THE SOUTH 20 FEET THEREOF. WEsr PIiCiP!RTY UNE \It :::i ~ I ~ ! ~ I I , J ~, J r I I I I I I I \ \ NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O.R. 2436, PG, 1913 \It :::i ~ ~ i /3' DRA/NIllE: AND UT/UTY E:ASE:ME:NT CCONSTRUcTION EASEMENT ---------- -------- \EAST =RTY UNE Ir WEsrERt;t R/W UNE OF' CWm BItRII RON:J 1r:.R., 258J R/W Ul'IfJ ~ COUNTY BARN ROAD (C.R. 268) 1M' ~ OF THE: 1M' ~ OF SE:CT/ON 17 NE: ~ OF THE: 1M' ~ OF SE:CT/ON 17 r;.:\American ~ '4'- Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Sulta 210 Land O' Lakes, Flor/cia 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloate of Authorization No. 7110 Joel C. MaGee, P.S.M. No. 6430 COLLIER COUNTY DEPA.RTMENT OF TRA.NSPoRTA.T10N DRAWN .BY. JCM CHECKED BY. SP DRAWING DATE. 08"18-05 SCALE. 1".50' EXHIBIT A Pa~ J] of 7}. PERPETlJAL, NON-ExCLUSIVF. ROAD RIGHT.()F-w.\Y, DRAINA<.=.' AND UTlUTY EASEMENT PROJECT NOI 60101 PROJECT PARCEL NOI 1138 OR: 4149 PG: 0354 SHEET 1. OF .L L 25' I -=~~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGEND I RIW . RIGHT Of' WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P, B. . PLAT BOOK PG. . PAGE PSY . PROFESSIONAL SURVEYOR a YAPPER C,R. . COUNTY ROAD O.R. . OFFICIAL RECORD I I I I I I I 1 12' I I ---t l-.. I J ~ I I ;;j I I ~ I IS TEUPORARY CONSTRUCTION EASEUE1r ~ . I; I~ i l:;j r f;l I~ I ~ :~ I ~ Ii .i ~ I I ~ I I u J I r I I [ 40' PROPOSED R/WI I I I I I r COL:L I ER COUNTY O,R, 3795, PG. 3094 R/W line a R/'rI( FOR COONTr 8M/( RON) 1f:.R. 268J iWIlJT'H VN'IIESi I \.~ PROPEHTY UHE " WESTERLY R/'rI( UNE OF. COONTr BNIH ROAD 1f:.R. 268i LEG4L DESCRIPTION. PARCELND. 113B THE WEST 40 FEET OF THE EAST 90 FEET OF THE FOlLOWING DESCRIBED PROPERTY I THE SOUTH 20 FEE T Of' THE NORTH J /2, OF THE SOUTH 112, OF THE NW 1/4, OF THE NW 1/4, OF . SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COlLIER COUNTY, FLORIDA. NANCY a DELBERT ACKERMAN O,R, 2436. PG, 1913 ~-L~~~___ -------~~~~/;;~;~~~~;~--- '"-PRr:JPoseD R/'rI( LIHE- R/W line 1M V. OF' THE 1M V. OF' SECTION " HE V. OF' THE 1M V. OF' SECTION " ~American 'II'A: Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certifioate of Authorization No. 7110 Joel C. MCGee, P.S.M. No. 6430 COUNTY BARN ROAD (C.R. 268) COLLIER COUNTY DEPARTMENT OF TRA.NSPoRTA "ON DRAWN BY, JCM CHECKED BYI SP DRAWING DATEI OB-18-05 SCALEI 1"'50' OR: 4149 PG: 0355 EXHIBIT_ A Page~ OL 7:<- . - TEMPO~ CONSTRUC11ON BEMENT (DURATION: 3 , FROM COMMENCEMENT oM STRUCTION) PROJECT NO, 60101 PROJECT PARCEL NO, 7138 LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .L OF .L L 25' , ~~~ LEGENDr RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B, . PLAT BOOK PG, . PAGE PS~ . PROFESSIONAL SURVEYOR a WAPPER C. R. . COUNTY ROAD O,R'. . OFFICIAL RECORD LEGAL DESCRIPTION - PARCEL NO, 713B THE WEST 90 FEET OF THE EAST 180 FEET OF THE FOlLOWING DESCRIBED PROPERTYr COLLIER COUNTY D,R, 3795. PG, 3094 I I Ie' I --r I I I I 90' TeJJPORARt CONSTRUCTION EASEJJfi. I I~ Ii Ill; '~ I I I I I !~ r~ J6 \ '\.- \ EAST PROPERT'Y UNe & WESTeRLY R/W UHE OF caJm 8ItRIi ROAD 1CJt. 268J , I I I I I I l-- I I I I THE SOUTH 20 FEET OF THE NORTH /12. OF THE SOUTH 112. OF THE NWII". OF THE NIf II". OF SECTION 17. TDlINSHIP 50 SOUTH. RANGE 26 EAST. COlLIER COUNTY. FLORIDA. NANCY a DELBERT ACKERMAN O,R, 2436, PG. 1913 -------~~O~~I;;~;~~;;;;~-- --L~~~___ R/W Une PROPosEo RIW LINe - -R/W Une S RIW FOR caJm BARN ROAD (CJt. 2681 IWIGT'H VNlfESI 1M l4< OF THE 1M l4< OF SECTION 17 NE l4< OF THE 1M l4< OF SECTION 17 COUNTY BARN ROAD (C.R. 268) ~American ~ ra Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 995-190B Certificate of AuthorIzation No. 7110 Joel C. MCGee, P.S.M. No. 6430 COLLIER COUNTY DEPARTMENT OF T1U.NSPoRTA.110N DRAWN BY. JCM CHECKED BY. Sp DRAWING DATE. OS-IS-OS SCALE. I H.SO' OR: 4149 PG: 0356 EXHIBIT fJ Page_~9 ~ of ?:J PE~ NON-exCLUSIVE ROAD RIGHT~..wA.Y, DRAINAGE AND UTJUrv EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 114A LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION E, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET L OF L 30' ~~ ~ LEGE/j[), RIW . RIGHT (IF .AY LS . LANa SURVEYOR LB , LICENSED BUS I NESS P,B, . PLAT BOOIC PG. , PAGE PSlI . Pl!(lFESS [ONAL SURVEYOll a lIAPP[R C.R, , COUNTY ROlO O.R. , (IFF ICIAL RECORO LEGAL DESCRIPTION. PARCEL NQ. II~A THE EAST (IF 27 FEET (IF THE FOLLOWING DESCRIIl[D Pl!CPERT Tt R/W Une I ! "! I I I I I J I::: [ I~~I -- ~I I I I ~ I Vii i' '1 I ~ I I , 'I ll:: I I ~. I ':t I I 'l: I [IS : II.J~ , J ( I I , ~ , I I I I I I I : !kr I I , J I I I I I I i :~~S~~:~ LI~E__ I I I I I THE IES7 317,.5 FEET (IF THE EAST 367.5 FEET (IF 7HE SOUTH 112 (IF THE SOUTH 112 (IF THE S. r /~ (IF THE S. I /~ Of" SECT I ON a, TOIIISliJ P 50 SOUTH, RANGE 26 EAST. COLL IER COUNTY. ELOllIDA, LEsS A I' FOOT ROAD EASElIENT ALONG THE SOUYlI EDGE THEREOf". WEST PfIOpEffTY UNE FAITH APOSTOLIC CHURCH, mc. FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 ~ :::J ~ ~ q; ''l: ~ '" LCONSTRUCTION -______ ~AS::::..N~_ - --- - - - - -~;~ED DR;';;""~-;'"(;r7t;rtw'E;E;; R/W Une ~ Ex. R/W FOR COO/({)' BAAN RO~ feR. 2581 rwlOTH VARIESI 5W ~ OF THE 5W ~ SECTION B SE ~. OF THE SW ~ SECTION 8 COUNTY BARN ROAD (C.R. 268) RIW Ufl/J -1 RIW Une "~American = "'rA: ConSUlting Engineers of Florida, LlC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' L.k.., Florida 34839 Phone: (813) 998-2800 Fox: (813) 898-1808 Cerfftlo.t. of AuthorlZlt/on No. 7110 .KJEL C. iIkGE E, PSI/ PROFESSIONAl.. SJRVE'fOR AND MAPPER FLOl/JDA. CER1'IF /CAT E JIQ. 6430 C'OLLlBR COlJNTr D/1,pA.JlTMBNT OF 7'RANsPoRTA.770N DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. DB-/B-05 SCALE. I H.60' OR: 4149 PG: 0357 EXHIBIT j} Pa~ 30 Of_?~ - TEMPORARY . CONSTRUCTION EASEMENT (DURATlON:3 YEARS F~OM . . . COMMENCEMENT OF CONSTRUCTION' PROJECT NOr GOral PROJECT PARCEL NOI 7J4A LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASElvlENT (NOT A SURVEY) SECTION 8, TOWNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET L OF L L 30' I OcZ~ I I I L..{ I -/- --: II I I I -1ii!j: ,IX lXl 21 I I g; I J~. I I I~ ~ ill l~ i F I, -L-j I I I I I I I I I I I LECEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED'BUSINESS P, B, . PLAT BOOIt PG. . PAGE PSW . PROFESSIONAL SURVEYOR a WAPPER C.R. , COUNTy ROAD O,R. . OFFICIAl. RECORD WEST PFK:IPEFfTY UNE LEGAL DESCRIPTION. PARCEL NO. 714 THE WEST 10 FEET OF' THE EAST ,50 FEET OF' THE FOLLOWING DESCRIBED PROPERTY, THE.IfEST 317.5 FEET OF THE EAST 367.5 FEET OF THE SOUTH -1/2 OF'. THE SOUTH 1/2 OF' THE SW 1/4 OF' THE sw 1/4 OF' SECTION 8, TOJltjSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS A 15 FOOT ROAD EASEMENT ALONG THE SOUTH EDGE THEREOF'. F AIm APOSTOLIC CHURCH, INC. FOLIO NUMBER: 00406280000 O,R. 2867, PG, 1415 llJ ~ ~ ~ i IO' CONSTRUCTION eASellE/{T. I I --~-- ~j \..EAST PFK:IPEFfTY UNE & R".., FOR WESTERlY R/'ff UHE OF ' .. C(XJ1fT'r BNfN I/OA{j {CJ1. 268J C(XJ1fT'r 8NHt I/OA{j 1CJ1. 2681 I'ftltJrH VAAtESJ 13' DRAINAGe, UTILITY EASEIIEN7\ \ ~ \ -...,. \ f:l I , RM Une sw ~ OF THE SW ~ SECTION 8 SE ~ OF THE SW ~ SECTION 8 COUNTY BARN ROAD (C.R. 268) DRAWN BYa JCM "\\American .~ "FA: Consulting Engineers of Florida, LLC 4111 Land 0' Lakes BlVd. SuIte 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloate of AuthorIzation No. 7110 Joel C. MCGee, P.S.M. No. 6430 COl.LJER C'OCINTY DEPARTMENT OF 1'RA.NSPoRTA TlON CHECKED BYI SP DRAWING DATE. 08-18-05 SCAl.EI I H'60' OR: 4149 PG: 0358 EXHIBIT IJ Page_J 1__ of_ /~ PERP~ NON-exCLUSIVE DRAINAGE AND UTILITY EASEMENT PROJECT NOl 60101 PROJECT PARCEL NOs 814 LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASEMENT (NOTA SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA =-~ SHeET -'- OF -'- L 30' . ~ I I J ~ I -r- --: i I I I 1 -lii! I: I ~~I ~ I I ll; I 1 ~ I I j61 I II j !I [~ ! F I, -Lj I I 1 I I I I I I I I LEGEND. RIW . RIGHT OF' WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS p,B. . PLAT BOOft PG. . PAGE PSII . PROFESS I ONAL. SURVEYOR a r.lAPPER C.R. . COUNTY ROAD O,R. . OFFICIAL RECORD WEST PROPt:Frrt UNE L.EGAL. DESCRIPTION. PARCEL NO, BJ4 THE WEST 13 FEET OF THE EAST 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY. THE WEST 317.5 FEET OF THE EAST 367.5 FEET OF THE SOUTH 1/2 OF THE SOUTH J /2 OF THE Sw 1/4 OF THE SW 1/4 OF SECTION 8, TOIlNSH!P 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS A 15 FOOT ROAD EASEIlENT ALONG THE SOUTH EDGE THEREOF. FAITH APOSTOLIC CHURCH, INC, FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 ~ :::l ~ ~ i 13' DRAlNIGE & UTILfT't EASEAlENT- I L CONSTRUCTION EASEMENT I JI --L-_ II _____ " EJt.RIW FOIl COONTY BARN RON) (c.R, 2/XJ) rwllJrH VN/JES} ~ \ '\:.- -"1" EAST' PROPeFrrt UNE &. WESTERt:t RIW UNf! OF COONTY BARN RON) (c.R, 2/XJ) R/W U{)(J sw~ R/W .J.!.{)(J SE ~ "\\American ~ ..,. Consulting Engineers of Florida, LLC 4111 Land 0' Lakes BlVd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-190B Certlfloate of Authorization No. 7110 Joel C. MOGee, P.S.M. No. 6430 OF THE SW 'l'4 OF SECTION 8 OF THE SW ~ OF SECTION 8 COUNTY BARN ROAD (C.R. 268) DRAWN BY. JCM C'OL.LJBR COUNTY DEPARTMENT OF 7'RA.N5PoRTA 710N CHECKED BY. SP DRAWING DATEI 08-18-05 SCALE. f ".60' OR: 4149 PG: 0359 EXHIBIT A Page-~,.. of 7J. PERPf:TJllI I N ROAO'R;C3HT<)F ON-exCLUSIVE AND Ul1 ~y, DRA/NAGf Ury'EAseMENT PROJECT NOI 60101 PROJECT PARCEL NOI 114B LEGMDESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .L OF .L 20' lI!l!~ ~ SO' PROPOsED RIW I~ J::J I~ 1[5 1~ Ill. Ii!: :~ I ) r I I I " r I r J I ~ 1[5 I~ i!: ~ LEOEHO, ~IOHT Of' WAT LS , LAI<<> SURVEYOR LB 'L ICEHSED BUSINESS P. B, , PLAT BOOK PO, , PAG( PSW , PROf'ESS I OHAl. SURVEYOR a WAPPtR C,R, , COUIITT ROAD O.R. , Of'F ICIAl. IIECORO LECAl. DESCRIPTION. PARCEL NO, II~B ~ .., THE IIEST SO FEET OF THE EAST 100 FEET OF THE SOUTH IS FEET OF THE FeUOWlHO DESCRIBED PROPER 7r I THE IIEST 317,5 FEET Of' THE EAST 367,5 FEU Of' THE SOUTH J t2 OF THE SOUTH I t2 Of' THE SW J.... OF THE Sw II. OF SECTION 0, TOWNSHIP 50 S()JTH, RANG( 26 EAST, COlL J ER COUNTY. FLORIDA, IoIAJlTlH ROPPOlO D,R, 657. PO, 797 FAITH APOSTOliC CHURCH, IN<:, O.R, 2867, PC, ..15 L:""" "'. """".., """"=. & UTILITY EASEMENT --L::~RUc~~ L:Pf/OPOSED DRAlNNJE, unLlTY EASEMENT -------------------- PROPoseD RIW LINE RIW LI~ - RiW Line s ex. RIW FOR COONTY BARN ROAD IC.R. 2.68J fWlorH VARIESJ r:" '" ~ ~ u b Iii Iii eAST PROPERTY LINE & weSTeRLY RIW tiNE OF COONTY BARN ROAD fC,R. 2.68J COUNTY BARN ROAD (C.R. 268) sw ~ OF THE SW ~ SECTION 8 SE ~ OF THE SW ~ SECT/ON 8 RIW LlM ~American = .ta: Consulting Engineers of Florida, llC 4111 Lsnd 0' Lsk.. Blvd. Sulto 210 Lsnd 0' Lakos, Florida 34839 Phono: (813) 998.2800 Fax: (813) 998.1908 Corllfloa,o of Authorization No. 7110 , JOEL C,.lIl:GEE. PSII 1'IIOFE!iSiCIIN. SVRVErOR MID liN>f'f:R FLa/iof, CERrll"lCR'E Ng, fUJO COi.l.JER COUNrr DEPAllTMENr OF '11lANSPoRTA.170N DRAWN BYI JCI.4 CHECKED BY. SP DRAWING DATEI Oe-le-05 SCALE. I H;40' EXHIBIT......,L Pa~ 3~ of '7~_ OR: 4149 PG: 0360 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO: 60101 PROJECT PARCEL NO: 714 B LEGAL DESCRIPTION' AND SKETCH TE:M}>ORARY CONSTRUCTION EASE:MENT (NOT A SURVEY) SECTION 8, TOWNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEEr L OF L L 20' , -=Z~ IU.RTlN ROPPOLO ' O.R. 657, PO. 797 I 1 I I I 1~ I..., r~ 1t5 I~ ) 0..: r ~ ) j..,; I ~ I "- I 52: CONSTRUCTION EASEM~Nr I I I 1 I 1 I 5,1 I I~ I e5 I ~ I Ill.; II~ I 1 I I ) I I FAITH APOSTOLIC CHURCH, INC. O.R, 2867, 'po. 1<4/5 LEGAL DESCRIPTION - PARCEL NO. 714 B THE WEST 52 FEET OF EAST 152 FEET OF THE SOUTH 15 FEET OF THE SW 1/4 OF THE SW I /4 OF SECTION B, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, LEOENO. RIW . RIOHT OF WAY LS . LANO SURVEYOR LB . LICENSED BUSINESS P.B, . PLAT BOOK po. . PAOE PSU , PROFESSIONAL SURVEYOR 8 UAPPER C.R. . COUNTY ROAD O.R, . OFFICIAL RECORD ~TlNG 50' "''''''AY. DRAINAGE, & UTILITY EASEMENT R/W FOR COONTY BARN ROAD (C.R. 268) (WIDTH VARIES) !3 !>< ~~ -L- ~ Cl;) ~ ~ i:: i:: kl kl Vi Vi -L::~RU~~ L::~~S:o.. o..R~~~,- U:~/!! _ ~AS!."-E'!.T L ,,- PROPOSED R/W LINE - RiW Line ~ EAST PROPERTY LINE & WESTERLY R/W, LINE OF COONTY BARN ROAD (C.R. 268) R/WLfne - COUNTY BARN ROAD (C.R 268) sw ~ OF THE SW ~ SECTION 8 SE '14 OF THE SW '14 SECTION 8 --- "lcAmerican. qr. Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, FlorIda 34B39 Phone: (813) 996-2800 Fax: (813) 99B-1908 CertifIcate of AuthorIzation No. 7110 Joel C. MCGee, P.S.M. No. B430 C'OU.JER COUNTY DEPA.RTMENT OF TR.A.N.5PoRTA.770N DRAWN BY. JCM CHECKED BY. Sp DRAWING DATE. 08-18-05 SCALE. 1"040' OR: 4149 PG: 0361 EXH'BIT~ A Page~3Y_ oL 7d.- - TEMPORARY DRIVEWAY RESTORA"hDN EASEMf!NT. . (OU R;\Tta I VIARS FROM COMMEI~vE~C1P CONSTRUCTION) PROJECT NO: 60101 SHEET LOF L PROJECT PARCEL NO. 714 C L 20' , LEGAL DESCRIPTION AND SKETCH --' ~ ~ TEMPORARY DRlVEW A Y RESTORATION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA WEST PROPERTY LINE LEGEND. RIW . RIGHT OF W4Y LS . LAND SURVEYOR LB . LICENSED BUSINESS p,B. . PLAT BOOK PO. . PAOE PSW . PROFESSIONAl SURVEYOR a YAPPER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD LX/STING so' RrJAlMAY, DRAlN"", 8, UTILITY EASEMENT MARTIN ROPPOLO FOLIO NUMBER: 00427320004 O.R. 657, PG. 797 52.' TEMPORARY DRIVEWAY RESTORATION EASEMENT I " I 1 ~~ I I ~~I I I 1:::'" ./ uti I J 15I I 1 I J I . 1 I I 1 I I I ~I ! :::i I 1 ~ I I t5 I 1 9.: I ) ~ I f ~ 1 I ~ I I ~ I S?I I, I r I I : I -i-J , I , I I LEGAL DESCRIPTION - PARCEL NO, 714 C ~ --- .... THE WEST 52 FEET OF EAST 152 FEET OF THE NORTH 15 FEET OF THE NW 1/4 OF THE NW 1/4 OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ~ e5 ~ ~ ~ ~ ~ RIW FOR COUNTY BARN ROAD (C.R. 268) (WIDTH VARIES) \EASr ~:rr LINE & WESTERLY RIW LINE OF COUNTY BARN ROAD (C.R. f~ 1:>- f~ 16' I ----t . I RIW Line - I. 268) COUNTY BARN ROAD (C.R. 268) ~American : llI'a ConsultIng Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. SuIte 210 Land O' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloate of A uthorlzatlon No. 7110 Joel C. MaGee, P..S.M. No. 6430 NW ~ OF THE NW ~ SECTION /7 NE ~ OF THE NW ~ SECTION /7 COLLIER COUNTY DEPARTMENT OF 7'R..tNSPo.RTA770N DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. OB-IB-05 SCALE: 1".40' OR: 4149 PG: 0362 I I EX~'B'T-LL Pa~_3s::. o( 72 - i FEk SIMPLE I 'NjEREST I I I PROJECT NO. 60101 PROJECT PARCEL NO. 115 , LEGAL DE~CRIPTION AND SKETCH PROPOSED RIGHT OF WAY I (NOT A SURVEY) I SECTION 8, TOWN$HIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA stCTAlII' 7 sECTAlII' 8 I I I I I ! SHEET 1. OF 1. 50' ~~ ~ WEST PROPERTY UNE LEGAl DESCRIPTION. PA NO, 115 LEGEND. RIW . RIOIIT OF liAr LS , LANO SURVEYOR LB . L (CEIISED BUSII~ESS p,B. . PLAT BOOl( P(l, , P4Gf; PSlI . PROFESS I 0lW. SURVEYOR I IoIo\PI'ER C,R, , COUNTY ROAO O,R, . OFFICIAl RECORD THE WEST SO FEET OF T E E4ST 100 FEET OF THE NORTH 112 OF THE SOUT 112 OF THE SW I 14 OF THE SW 1/4 OF SECT! ON 8. TOINSHJ P 50 SOUTH, RANGE 26 E4ST, COI.LIE COUNTY, FLOR lOA, I I I I I r I' ~ I I l:::i \ \ \>.: \ \ ~ \ \!"" I I I I : i~ , ,I:;! , " , " , II , I' 'I' II' )), II' II I 'I , II 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 ~ ~ ~ ! I I I BARB~ F JONES TRUST I FOLIO NpMBER: 00404200008 O.R. 2450, PG. 893 I i I ------------------ ~- - -- R/'/I u,.", ::'~ED R~_ LINE Sl ---- R/'/I U,.", ------------- EAST PROPERTY LINE a, J WESTERLY Ex. R/W LINE OF C(XJNTY BARN ROAD (C./l. 268) !ilK'. OF THE: !ilK ~ SECTAlII' B SE ~ OF THE 511' ~ SECTION 8 ! I ------r--------- I I I I I I Ex. R/'/I FOR b C(XJNTY BARN RON) fCR, 268) ~ lW)tJrH VARIES) COUNTY BARN ROAD (C.R 268) RIW U-m- ------ RIW U,.", JOEL C.IlcGEE. PSII PROFESSIOIIAI.. SURVEYOR. AND IIAPPER FWRlDA CliRT/FICAT'E 110. 64JO ~Ame'rican 'lira Consulting Engineers of FlorIda, LLC 4111 Land 0' Lakes Blvd. Suit. 210 Land 0' L.kas, Florid. 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloale of Authorization No. 7110 DRAWN BY, JCU CHECKED BYr SP DRAWING DATEr 01-13-06 SCALE I 1-.\00' COI..LlER COUNrr DI1PARTMENr OF '1'IUNSPoRTA.71ON EXHIBIT_ /J Page...J to of / ~ OR: 4149 PG: 0363 SECTiON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIEf? COUNTY, FLORIDA PARCEL NO. 718A AND 7188 , PROPERTY OWNER: WOODMERE RAQUET CLUB = REFERENCE: O.R. 2820. PG. 469 AREA OF TAKE: 1.140 SQ. FT. :!: TOTAL = o <l:: 0 i:S ~ 0:;: <l::C<.:) ::E~o.. ~~~ :>-Ut<j o:;:Qi~ 0:;: :;s 0:: ..... 0 01.() <::~ ~~ (j<.:) So.. U5~ 0) ~~ ~: <l::0:;: 0..0 ~ ,lL.J _~ -J . ,...J W<.:) tJo.. -S ~ Lt:i ~O ~~ $ "0:: o o o + CO ,... o o + f'.. ,... o o + <0 I"- o o + U") f'.. 8 + ~ .... co - -.If".., Q:::~~ 8 ~g<.:) + r<") o~o.. ,... ~ ~ lr)~ Ll.J~ <l::~t<j I ::E~~ ()(t I C:) 0 I 0 + N f'.. p,6,c. P,O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY J I C 6 O::~ ~o ~_o:: ~8 ~c () I ~~ NO ~ G tr) ~ ~Q::O) """lijO) t:J::J- 0.. -.I ~.: OO'-J o:::()o.. 0.. _" ~ c'V8 <::~~ <l::...,- --J--J ~la..a:: :too TEMPORARY CONSTRUCTION EASEMENT . FROM MENCEMENT OF CONSTRUCTION) ~ c:i 0: >- -.J [5 f' V) ~ ~ ~ rj V) Vj x ca lJ.j )... ~ ~ ~Ll!:j{ -~f..: f',.f..:Ll.. ,..J8o I,UVj(/) (50 0:;:0..0 '<:(o~ o.:lt3 '-- cj 2:; +84.21 50.00 R G ~PJ :r:~ (50 <::0.. <l:: J:::: o~ ~~ ~~ (). 0:;: ~o 52 ~ PARCEL 7188 PROPOSED T, C.E. (100 SQ, FT. :1:) L5 P.O,B. PARCEL 7188 ~ -..J C ~ o g: )... -.J es 2:: :::J ~ L8 " 0\ -.I -.I +32.21 UO 50.00 R P,O.FJ. PARCEL 718A <0 -.I +21.19 50.00'R :s: }",a ~O'I ~ 'B ~K 8C\l <= (: ~. o () eJ - -.I --J 8 Llt::lf U L2 LJ L4 L5 L6 L7 L8 L9 uo LINE TAB~f: J..rf:JJ:m:J. .BE ARI /Va 29.88' N 60'42'47" W 10.00' N 06'42'47" W 10.ob' S 89'42'47" E 10.00' S 00'42'47" E: 10.00' N 89'42'47" W 111.02' N 00'42'47" W 52.01' N 00'42'47" W 20.00' S 89'42'47" E: 52.01' S 00'42'47" E: 20.00' N 89'42'47" W L- '" .....4. \. ... _""- ,.1. k" , THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ . ::::tlSNOLI ..... ::::: AREER & ......13 ...... ...... RUNDAGE,llCC. Professional engineers, planners, & land surveYOl"ll Cow.. Co""t,., SUllo 200, 7400 T_11UZIJ Troll. 1I0rth; H'pl... Pi. :Ul08 (2~a)087-8111 lA. COUllt,., aavo COcOllut lIO'd, SUllo 10~1 Bol1ilo Sprln.., Pi. :U18S (#8V)lI44-8888 C'rUne.1o oC loutho.h'Uoll 110.. tlI 8", "'4 IS 888' J'az, (28V)1I88-2208 ::::":~~\$~~;~:';;;;~ "., . ....,,' ":"'~~ .9E~W~ 'H.ACKN,. ;'P,S.M, NO. 5606 SCALE:'"1"" ::::'..$'0" 'DATE:AUG. 23. 20Q~ DRAWN BY:--MN 'PROJEtT NC),: 8081-C6R ACAO":NO:.9073:"'SD71a' FkE 'NO: 907-2. EXHIBIT A Page~ 3 7 .. of 7~ OR: 4149 PG: 0364 TEMPORAA)' CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM CbMMENCEMENT OF CONSTRUCTION) . LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "A ") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER L. YING ON THE EASTERL Y RIGHT OF WA Y LINE OF CO!JNTY BARN ROAD (100' R.O, W.); THENCE NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 150.90 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA THENCE CONTINUING NORTH 00'42'47" WtST ALONG SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 52,01 FEET; THENCE LEA VlNG SAID EASTERLY RIGHT OF WAY LINE SOUTH 89.42'47" EAST A DISTANCE OF 20.00 FEET,' tHENCE SOUTH 00.42'47" EAST ALONG A LINE 20,00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 52.01 FEET; THENCE NORTH 89'42'47" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF' BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,040 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO tASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, AND LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "B") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHWESTERLY CORNER OFTHA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R, O. w.); THENCE NORTH 00.42'47" WEST ALONG SAID EASTERL Y RIGHT OF WA Y LINE A DISTANCE OF 29,88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00.42'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 10,00 FEtT; THENCE LEA VING SAID EASTERLY RIGHT OF WA Y LINE SOUTH 89'42'47" EAST A DISTANCE OF 10,00 FEET; THENCE SOUTH 00.42'47" EAST ALONG A LINE 10.06 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 16.00 FEET,' . THENCE NORTH 89.42'47" WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 100 SQUARE FEET OF LAND MORE OR LESS,' SUBJECT TO EASEMENTS AND RESTRiCTIONS OF RECORD; ABSTRACT NOT REViEWED, TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTlm,! II \' ~ , I... THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ ::::H.GNOIJ .....13 ::::: ~BER & ......13 ...... ...... RUNDAGE,IlIC. Professional englileers. pIannen, & land surveyors cow.. eo_tr. 1IUl~ 200. 7400 Tomlami Tl'alI, H__I Hapl... no UIOl1 (2IID)8D7-SI11 LH Co_tr. DDDO c-ut Ilo'ad, 1IuI~ 108r 1IOIll~ lli>rinp, no UUlI (2;38)1141-8581 CctUI..~ or .l.alhcir\u.UoD If... tB lIeU ~. D BeU rUl (1I8)15ee-1I08 . .......,..,.. .... . LEGAL, DESCRIF!TIO~..ANQ.\'~SKE,)~;CH. SHEET 2; OF 2 o.ES~~IP~~N:'FARSEL~.?l~;4<.~,NPt(~1,~~<:'- "'~~.' CLIENT: COLLlERC.OUN:T't?'TRANSPO~TAnON., DIV~SION . ..... . ': .,.;X <'.>.,~:'~f' "h::~;.:'~'~,:.,:":: ."'B!J"..",'("~7:", h. ., ';(_: ...... '.7i;1~ ~;"f:i~"';GE6if.GE.;.w-::'HACKNEY1:'1',;5.M, NO, 5606 . - .., \ . SCALE:"~''':,' N;T:S:.::~ '-'.DATt: AUG, 23. 200Q DRAwN BY:~'" PROJECT.NO.:80e1-CBR ACAD NO:.907:3;....sb71~;i.,'FILE NO: 90';:'3 ,. ". ',., ',"'M.. . OR: 4149 PG: 0365 ,EXHIBIT A Page.L3~ 0'_ 7~ .pERPETUAL, NON-EXCLUSIVE ROAD RIGHT-<)F-wAY, DRAINAGE AND UTJUrv"EASEMENT PROJECT NO, 60101 PROJECT PARCEL NO, 119A-I LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .1. OF' .1. 50' ~~ ~ __RIW U/lIJ ----L-------l-----_______--L__~l!.~ e 1M ~ If /he SW ~ If S<<:!lon 8 ex. RIW. FOR liE ~ If the SW ~ r;( S<<:!lon 8 COOI/TY BAAII F/OJlJ (CII. 2681 !W(DTH VAAIESJ COUNTY BARN ROAD (C.R. 268) ---- RIW Uno --c= 'EXIST/~-;;;;;;;;;;:-- IJrlUlY EASEIJENT ----- RIW Um -------- -- LEGAL DESCRIPTION. PARCEL NO, 119A'1 THE EAST SO FEET OF THE WEST 100 FEE T OF THE FOlLOWING DESCRIBED PROPERTY, THE SOUTH 1/2 OF THE SOUTH I 12 Of THE NE I I~ F THE SW. I I~ SECTION 8, TOIINSHIP SO SOUTH, RANO 26 EAST, COLLIER COUNTY, FLORIDA, mGHLAND PROPERlY OF LEE & COLLIER FOLIO NUMBER: 00403160000 O.R. 1200, PG. 199 ~ ;:j t: ei ~ ~ li\ \<j ~ ~ ~ ~ !il LEGEND. RIW . RIGIlT Of WAY LS . LAHO SURVEYOll LB . L I CEHSEO BUS I HESS P.B, , PUT BOOK PO, , PACE PSI/ . PROfESS I ONAI. SURVEYOll Il IlAPPER C.R, , COUIHY ROAD O,R, . OfFICIAl. m:CDRO ~ 7 "~American 'lirA: Consulting EngIneers of Florida, LLC 4111 Land 0' Lak.. BlVd. Sulta 210 Land 0' Lak.., Plorlda 34B39 Phona: (813) 996-2800 Fox: (813) 998-1908 Cortlfleat. 01 Authorization No. 7110 C'OLl..lBR COlJNTr DBP-tRTHBNT OF 1'RANsPoRrA770N JOEL C.Meau. PSIJ PROFESSIONAL SVIYEYOR AND MAPPER FLORIDA CEffTIFICATE No. 6430 DRAWN BY, JCl.l CHECKED BY, SF> DRAWING DATEI OB-IB'05 SCALE, '-'100' EXHIBIT A - Page- 39 -4 of_ '7 ;J OR: 4149 PG: 0366 PERPETUAL. NON-EXCLUSIVE ROAD RIGHToOFooW6.Y, ORAINAG; AND unuTY'EASEMENT PROJECT NO. 60101 PROJECT PARCEL NOI 119A-2 SHEET .L OF .L ~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSFllP 50 Sourn, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~~- f!...~ -------L-------_______-L-_____~!!!!" R/W FOR COOHTY BARN ROI>D tCfl.268) NtlarH VARIES) MIl l4 If '''' SW l4 If 5<<tlon 8 NE \I~ If'htJ SW l4 If 5<<tlon 8 WEST PROPERTY LINE & EASTERlY RIW LINE OF' COONTY BARN ROAD (C.R. 268) RIW Um__ EXISTING DRAlNNJE.~ - _I!!I}!T! !.A!l!..'J/!..K!.. _ _ _ ~__ COUNTY BARN ROAD (C.R. 268) ---------- I RIW Um I I ---- ---- LEOAL DESCRIPTION - PARCEL , 119A'2 THE EAST SO fEET ~ THE 'IE T 100 FEET ~ THE HOflTH 112 ~ THE SW 1/4 ~ THE HE 1/4 ~ THE SW 1/4 Of' SECTIOH 8. TD'I!ISltlP SO SOUTH, RANOE 26 EAST, COLLIER COUHTT, FUlII DA. LESS THE HOflTH 3D FEET THEREOf', ~ 0'0\ Uo ~g o ~C'10\ 8-.r -.roo lZ., 0 . ooCl ~,~~ ~~~ 'S .~ >x: . p.;.,00 ~~ @ 5:l ~ .::i ~ [;j ~ ~ EAST" PFIOPEFfTY UNE LEatHI)' RIW , RIGHT Of' WAY L S . LAHa SURVEYOR LB , L I CEHSED BUSIHESS P, B, . Pl.A T BOOIt PO, , PAat PSW , PROf'ESS I OHAI. SURVEYOR a Il4PPER C, R. , COUHTY ROAD O,R, , Of'F ICIAI. Ili:CClRO r;~American ~ "ra ConsUlting Engineers of Florida, LLC 4111 Lsnd 0' Lsk.. 8lvd. SuH. 210 Lsnd O' Llk.s, Florldl 34639 Phone: (813) 996..2800 FIX: (813) 996-1908 C.rllt/oate of AuthorlZltlon No. 7110 ---------------- \:i ::;j ~ ~ ~ ~ JOEL C.lIcGEE, PSII PROF'ESSIONN.. SUFYEYOI/ AND MAPPER FWRIDA CEFfT1FICATE No. 6430 COiJ.JER COlJNTr DlIPA.RTHBNT OF '17<<NsPoRTd170N DRAWN BY. JCJ.l CHECKED BY. SP DRAWING DATE. OS-IS-05 SCALE.IN"OO' OR: 4149 PG: 0367 EXHIBit ~ l-Jo of A 7~ FEE SIMPLE .INTEREST PROJECT NO. 60101 PROJECT PARCEL NO. 119C LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .L OF .L ~ ~~ LECAl. OfSCR)PTlON . PARCEL 110, "9C THE EAST SO FEET CW THE IIEST roo FEET CW THE FOlLOW)NC OfSCRIBEO PROPERTY. THE SOUTH 112 CW THE IlORTH 112 CW THE NE I "4 CW THE SW I/~ SECTION 8, To.!SHIP SO SOUTH, RAH<lt 26 EAST, COlLIER COUNTT, FLOllJDA. '!..~ ----------~-------------L-J___!!!ff._l!.!'" e COOHTY BAAN RONJ (C.R. Z681 !WIDTH VAAIESI COUNTY BARN ROAD (C.R 268) 1M l4 rf /110 SW l4 rf S<<:1lon 8 NE l4 rf 1110 SW l4 rf S<<:1loo 8 WEST PROPERTY LINE & EASTC.RlY RIW LINE OF COONTY BARN RONJ (C.R. Z681 ---------- F/IW Uf'IO EXISTING DF/AlNI>GE,~ /JT'(1.fTr EASEMENT ---------------------- ------ ~ ~ 8 COLLffiR COUNTY FOLIO NUMBER: 00403440005 O.R 1001, PG. 825-828 \:t ::.i ~ ~ ll.: ~ lE \:t :::l ~ ~ ~ lij LEGENlll R('1I . RIGHT CW WAY LS , LANO SURYETOll LB , LICENSEO BlJSINESS P.B, . P1.AT BOOIl PC, , PAGE PSIol . PRCWESS I ONAl. SURVEYOR a MAPPER C, R, . COUNTY ROAll O.R, , CWF fCIAl. IlECORQ ri\~merican ~ 'rA: Consulting Engineers of Florida, llC 4/11 L.nd 0' L.ke. Blvd. Sullo 2/0 L.nd 0' L.ke., Florid. 34639 Phone: (813) 996.2800 Fox: (813) 996-1908 Certlflo.l. of AUlhorlzollan No. 7110 JOEL C.IlcGEE, PSM PROFESSIONN. SlJRVErOR AND MN>PEF/ FLOf'//DA CERTIFICATE No. 64JO tXJLl..iER COUNTr DePA.RTNBNT 01" 77iA.N.sA?RTA. TTON DRAWN BY. JCI.4 CHECKED BY. SP DRAWING DATE. Oe-/8-05 SCAlE'IH,IOO' EXH'8IT~.A _ Page~LL of_7c2 _ OR: 4149 PG: 0368 ' . SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~. ~. , . , LEGAL DESCRIPTION_ {\N.Q SK'CrCH, SHEET 1 OF 2 DESCRIPTION: PAI3-CEL 1M ../ ". .' '. ." CLIENT: COLLIER' COUNTY TR~NSPORTATjON DIVISION . , . I, '1 PARCEL NO. ff),tl PROPERTY OWNER: MICHAEL & RUTH HUGHES REFERENCE: O.R. 2218. PG. 1409 ARE;A OF TAKE: 0.20 ACRES :I: 524 BROAOWA Y COMPANY; O,R. 1072, PG, 875 L.P. I I --1 - - - 524 BROADWA Y COMPANY, L.P. O.R, 1245, PG, 902 o o + OJ OJ ---- -- --- -- +34.33 50.00 R MICHAEL & RUTH HUGHES 'O,R, 2218, PG. 1409'0 o + to OJ s: ci ~ ~ ~ (r) X ki ~ PARCEL tao PROPOSED R.O. W., DRAINAGE AND UTILITY EASEMENT (0.20 ACRES :1:) '3PETuAL, NQN.exClUS/VE RIGHT -QFooWA,y, DRAINAGE AND UTILITY EAsEMENT 25.00' ..0 o .q. OJ + 6. '14 50.00 R ClClO ~gg ~..... LC --<3 (jo.. <: , ::%t'\J f:'::~ ~ <:0::: 0, -:JO o o + C'.J OJ P.O.C. P,O.8. R.O.W. == POINT OF 'COMMENCMENT == POINT OF BEGINNING == RIGHT.....OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!J\ ::::tiGNOLI .....u :::::UARBER &: ......(3 ...... , ...... nUNDAG.l!J,lNc. Professional engineers, planners, &: land surveyors Co Iller cou"~n Sutt. 200. HOO T&II1lalnl '!'rail, l'lorU1, Napl.., 7L ~410a (2~~)~~7-~1Jl Le. COIUl~1: ~~~O Cooonut Road, SuIt. 1031 Banlu. Bprl.nJ.. 7L ~41~~ ,(23~)~4a-888S CertirlOlt<o or AuthorizaUon No.. III 388' lnd I:ll 3884 fur (~3~)~~~-2203 ?3- .....0 ii~ C'o.J t<3 -<:(0... Q. e~ ~CC l.() 1--t'\J f5, CO~ 00 Cl::: ~; N~ O ~ '0 V) r I :l:: L...J ~ 0 < ~Olrl ~":CI) ;-t-Roq;; OC\jQj o >- <: ~ ~ C/J Cl;) C\I Cl;) )....1 I--l.() s~ :0 . OQi p:::Q. LJ , -- -Ie 'c5 a 0- ~ c:i C:l 6 Cl:::~ <:' Cl::O -<:(' co,Cl:: I t81 ~CJ I I COPE LANE ~ ~ 0) t~~ P:::4JCIO l.iJ::J<3 ~c5Q. Cl:: 0 ~ o..~~ a .,... <:!-J.1- -<:( l.iJ , -J-ICl::: ~ c:i 5: , ' . . , ~ ':.~ . , ' ,if " ';J BY: ': ' . 'GE;ORGE W; HACK Y, P.S.M. NO. 5606 SCALE: 1" - 10'Q' DATE: MAY 6, 2.Q.QQ DRAWN BY:~ PROJECT NO.: 8081-CBR ACAD NO: 9073-SD11Q FILE NO: 90z~ .1' t:^H1BIT~ .-4_ Pa~:tL of--2L OR: 4149 PG: 0369 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNT~ FLORIDA LEGAL DESCRIPTION OF PARCEL '~80 LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2218 PAGE 1409 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.20 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; COI:TUAL NON-EXCLUSIVE PEnr_ I '. v .ORAINAGE ROAD RIGHT -oF-~., . N<<:J UTIUTY EASEMENT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: . ,I i..II\ r, LEGAL DESCRIPTION 'A:N,Q'\:rS.K~~~.H', SHEET 2 OF 2 DESCRIPTION: PARCELfcQO'..,>\\': >:.." ';" CLIENT: COLLIER 'COUNTY' T~ANS~.9~[~TIO~...DI.vISION : BY: .'.xa~.dJ;.(): " ~',. ....~~.OR~~ V!j,' HAC~N~~, .P,S.M. NO. 5606 SCALE:'~ N..T.;Q;.'.' DATE: MAY 6. 2005, . DRAWN 8Y:~ '. PROJECT NO.:80B1-Ce8. ACAD NO: 9073-::-'SD~ 10' FILE NO: 9073 ....~ ::::H..GNOLI .....u ' :::::OARBER & ......13 ...... . ...... RUNDAGE,mc, Professional engineers, planners, &: land surveyors Comer Counly. 8ulle 200, 1400 TomJomJ Tr.u, North: Nlpl.., 11 lUlCS (2~g)8g7-S111 L.. COw>lYl gggO Cooonut ROld, 8u!1A ICS, Bonlt.a Bprlnr., 11 ~'lS8 (2Sglg'S-S88S C.rUtlollA or Aulb,orluUon No., LB SSe{ and EB S8lU rlX. (2Sg 8S8-220S OR: 4149 PG: 0370 EXHIBIT 4 Page- L/-:S _ ot I~__ ~L,NON~ RCW> R'GHT-<)F~y, 0RItIr. AN:) unUTY EASEIIII!NT PROJECT NOr 60101 PROJECT PARCEL NO. 121 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET J... OF J... ~ -'--!i!f ~ LEGAl. OESCRJPTlOIf . PARCEL NO, 121 THE !lEST 25 FEET OF THE EAST 75 FEET OF THE FOl.LO'IrING DESCRIBED PRDPERTY. THE HORTH 25 FEET OF THE: SOUTH /12 OF THE: HOIlTH 112 Of' THE .... 1/4 OF THE S. I 14 OF SECTlOIf ., TOIIISHIP 50 SOUTH, RAHllE 26 EAST, Of' THE PUBL I C MCOIlOS OF COl.L I ER COUNTY. FLOIII DA, I I WILLIAM & LETICIA PILGER FOLIO NUMBER: 00404080008 O.R 868, PG. 471 f.lICHAEL A RUTH HUGHES D.R. 2218, po. 1489 ~ ::::i ~ ~ i ~ ~iil ~~ . ~~l:l ::::i=t'<. t:!<JO ei~~ ~l!s~ ~~~ ~.... i:: ~~~ .: ..I lQllQ ~;!: ~:I~ ~~ ;~ ~!<J 10,;;:: ~l!; WE:ST PROPE:Frrr UNE: --~------:---_- --- ~~ ~~ 8 Q. >~ ~ ~~ ~~ 3~ ilj' l ~ ~ I =-=13~~ 524 8ROADWAY WMPANY. L.p. O.R. 1245, po. 9a2 RIW U~__ E:XISTING DRAJNN;E:.~ UTIL/T't' E:ASE:ME:NT ----- - 25' 1M ~ OF THE: SW ~ NE: ~ OF THE: SW ~ ~r PROPERTY-LINE: " 'rIISTERIJ' RIW LINE OF COUNTY BAlIN ROAD IC.R. 268J OF SECTJOH 8 COUNTY BARN ROAD OF SECTiON 8 (C.R. 268) RIW ii~ -- ------------------------------ RIW Une LEGEND. Rill , RIGHT Of' IIAT LS , L4NO SURVEYOII LB . LICENSED BUSINESS P,B, . PLAT IIOOC PO, . PACE PSU , PROFESS I ONAI.. SUAVE TOIl a IMPPER C,R, , COUNTY ROAD . 0, R, , Of'F I C I AI. RECORD ti~American 'l(rA: Consulting Engineers of Florida, llC 4111 Land 0' Lakes Blvd. Sull. 210 Land 0' Lak.., FlorIda 34639 Phona: (813) 996-2800 Fax: (813) 996-1908 Cartlffoat. of AuthorizatIon No. 7110 JOEL C.McGEE. PSII PF/CJ"ESSJONN., SUFYEYOR AND I/N'PE:R FLORIDA CERTIFICATE No.64JO COLL.IBR C()(JNTy DBPAR'1'HllNr OP ~A.'11ON DRAWN BY, JCM CHECKED BY. SP DRAWING DATEI 08-18-05 SCALE, 1"'100' EXHISIT_ A Page.:- Lf Lf _ of-w' 7~ OR: 4149 PG: 0371 SECTION 8, TOWNSHIP 50 SOUTH, RANGE: 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. .:l~8., PROPERTY OWNER: 524 BROADWAY COMPANY. ~.P. REFERENCE: O.R. 1245. .PG. 902 AREA OF TAKE: 0,10 ACRES :I: FRANCISCO & ELIZABETH LOVas O,R, 3440/ PG. 0260 o o + N CJ} :l:: 85- -Jtr) ,..J ~(!) ~Q. C:::~ Ct) ~. kJ~ -J 0:::- 0::: :20 q ~; N'~ O ~ (3 en '-8; !'1. t<)&j :r(O 8~ :c: 524 BROADWA Y COMPANY, L.P. O,R, 1072/ PG, 875 o o + o OJ lL.J ~ .~ Q!j )... ~ ~ V) G- -0 ii~ C\j ~(!) ~Q. Q. 0' ~(Q It) I- C\j. ~. con:; aO .~ ERPETUAL,NON-EXClU~ R AD RIGHT-OF-WAY, ORAIN.\GE AND UTILI1Y EASEMENT- _ =-- . PARCEL b1,<Q PROPOSED R.O. w', . DRAINAGE AND UTILITY EASEMENT (0.10 ACRES :1:) 524 BROAD WA Y 8 COMPANY, L.P, ~ O.R, '1245, PG. 902 OJ 25.00' +3.14 50.00'R ::::: c:i a: ~ ~ V) K LU C'l d C:::~I ~dl .~~ ~ SC o I 3l: (.) I ~ 0;) ~ ,C\j 050;) (- 0 I "-J_l1) N 8J~co ::J0(!i c5 Q. (.) --- +34.34 50.00'R -j I MICHAEL & RUTH HUGHES O,R, 2218, PG. 1409 o o + lO co · Cl t--Ol ~. ~o , r-... g~ :c: P.O.C. P.O.S. R..O.W. = PblNT OF COMMENCMENT = POINT OF Bt:GINNING = RIGHT-OF-WAY . . .' J~ 1\ "1 ;.1 It " . LEGAL DESCRIPTION A'NP":s,ktrcH SHEET 1 OF 2 DESCRIPTION: PARCEL 1.9c9.' . :....o;...i'~ ""l. ...:.:";.'. CLIENT: COLLIER C6UNTi~TRANS~ORTA~1 ON :. D'IVISION ~ ,". ,.:I'~" . : " . . THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: .....~ ::::tiGNOLI .....U ;;;::UARBElR & ......13 ...... ...... RUNDAGE,lllc. ProfessIonal engineers, planners, & land surveyors Colll.r county: Sullo %00, HOO T.ml.Jn1 Trlll, lIorthl lIopl.., 1L lUlOS (%9;)~;7-9l11 [.e. County. ;;;0 Cooonut Ro.~, Sullo 10~1 Bol11t.. Bprlnr', 1L M19ft (%~;lg.S-88~9 C.rl1tJa.t.o 01 AUlharluUon No.. LB 988' &.n~ liB 9~U FUI (2~g ft~ft-2%09 BY: E- -:,"',H, '.~K~EY, . :$:..M. NO. 5606 SCALE: 1" == 100~ '"DATE:' MAY 6, 200,Q PRAWNBY:~. PROJECT NO.: 8081-CBR ACAD NO: .9Q73.-~Di Oa FILE NO: 9QL3. OR: 4149 PG: 0372 LEGAL DESCRIPTION OF PARCEL l'cQrQ LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART 0, SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, 'LORIDA, BEING MORE PARTlCULARL Y OESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1245 PAGE 902 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0,10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; .PERPETUAL, NON-EXClUSlVE ROAD RIGHT-oF-wAY, ORA.INAGE AND UTJUTY EASEMENT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION ,AND. :SKETCH SHEET 2 OF 2 ". , . .l."..' " DESCRIPTION: PARCEL. f;;JcQ :'.....~,>~r';.".i I.", .;".':'" . CLIENT: COLLIER COUNTY T-R~~P~J.P~TJO.r~."D!VISION 'L. : BY:. . ',4"ZJWd+r,:'-":.(' :.: . GEORGE:. W,".~'ff.AC,kN~i(, P',S,.M. NO. 5606 . ....,../,~ 'I, "."' l \', I "; . SCAl~~ '. .... ..~.T;[:, BATE:.: :.'MAY 6. 20Q5 DRAWN I3Y:~ PR.OJEc.n:' NO.:13081-CElR. ACAD NO: 9073....:sb1 b,g'" . FILE NO:. 9073 ....!I\ :~::tiGNOLI .....U :::::UARBER & ......13 ...... ...... . RUNDAG-E,l1lo. Professional enginee;r:s, planners, &: land surveyors CoUler c.unt,., Su!u 200, ?-(OO T.lXlllmJ. Tr.u, North, N.pl.., 1L 34108 (.UPj8g1-3111 Lee County. ggga Cooonut'JR ..d, Sulu 1031 B.l1llo. SprUl(I, 1L 3'13& (23g gU-8883 CerUllo.1e of AUt!lorl''''l.lon No., LlI 38C4 lIl.4 J:S 3C84 lUI (Ug ~~C-2203 ". '. I " EXHr~J:r. N . Page_ Lff{J _ of /<J_ SECTION 8, OR: 4149 PG: 0373 ' TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. Jti3 PROPERTY OWNER: 524 8ROADWAY COMPANY. L.P. REFERENCE: O.R. 1072. PG. 875 AREA OF TAKE: 0.10ACRES.:I: FIRST HAITIAN ALLIANCE CHURCH Q,R, 2735, PG, 2800 --- FRANCISCO. & ELIZABETH LOVOS ERPETuAL, NQN-ExCLUSI\I€,R. :3440, PG, 0260 R RfGHT.QF_WA.Y, DRAINAGE AND UTJUTY EASeMENT PARCEL 1&3 PROPOSED R. O. W., DRAINAGE AND UTILITY EASEMENT (0.10 ACRES :1::) 524 BROAD WA Y COMPANY, L.P. O,R. 1D72~ PG. 875' , 25.00 -- -- 524 BROADWA Y COMPANY, L.P. O,R. 1245, PG. 902 - 8 -+ "<t- O) - o o + N 0) o o + o 0). o o + to to - MICHAEL & RUTH HUGHES O,R, 221 a, PG, 1409 o o + (Q co P.O.C. . P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY; ....!!\. ====tlGNOLI .....!:) . :::::iOARBER & ......(3 ....... . ...... RUNDAGE,mo. Professional engineers, planners, &: land; surveyors CoWer County. Sulle 200. 7400 Tomlarnl Trill, Northl Napl.., 1L :UI05 (2321~U7-9Ul Lee CaW1~.TJ 22g0 Caoonut Road. Bulle 1031 )lonlta Bprinl', 1L 84135 (232 243-9559 CerUno.to or Aulhorl'aUon No.. LB 3594 and U B994 lu: (232 999-2209 l Q d ~~ ~, a:: a . rQ?3ci 1~8 ' l~- :::,"-" a o ~ I ;..~ .1<) . I ~m " \() 8C\j :c:: + 72..62 . 50.00'R ~ c:i ~ ., (!) ~ Ct} x lJj lw 5 ~ Cr:;. >- ~ ~ ./ C5- -Jt't) ,..J L.rJ(!:i ~Q. a:: ~' ~~ -J ~a:: ~a G".. -0 ~t't) C\J ~(!:i ~Q. Q. a' ~tQ l() f-C\J C5ci gsa a:: I I ..1 o::J ~ ~I ~~ ::JCO o O(!:i Q C5 , - ".. :jo 00 0"-- Ii ci ~~ N" ..-.' O :j (5 Ct) .~.~ \1' ~~'. LEGAL DESCRIPTrQ~k ~N.D, SKETCH SHEET 1 DESCRIPTION: PARCEL aj,,' '-""::, "/h . CLIENT: COLLIER CO!JJ:..fTY TRANSPORTATION DIV!SION . ",.." ". +J.14 50.00'R I I ~ }..,o ~Ol ~5 . K 8C\l z OF 2 B~, : . G.EO' GE W. HACKNEY, .S.M. NO. 5606 SCALE: 1': = 1 OQ" DATE: MAY 6. 200!;2 DRAWN. 8Y.;__!./J~J:i. PROJECT NO.; 8081-CBR ACAD NO: ~J073':":SD1 O~ FILE NO: 807-2 I::XHJBIT ~4J P.a~ 7'7 of 7 ;~L OR: 4149 PG: O~74 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL /t{:J LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLiER COUNTY, FLORIDA, BEING MORE PART/CULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1072 PAGE 875 PUBLIC RECORDS OF COLLIER COUN7Y; CONTAINING 0,10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; .PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -oF-WA.Y, DRAINAGE AKJ UTIUTYEASEMENT :fHIS LEGAL bESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCE~ ,/ qy.... \:' :... ; i. . ~". CLIENT: COLLIER COUNTY~ ~~,'SR:S~I.1\!19N: DIVISION : . . ,.pr L .A:f;.!:;.'" . . 8Y:~:.: :.w A7...v c!.' , .' , , ''tEO~,Q~ w;, :l+~NEY. ':~.S.M. NO, 5606 . . ._, 1\" I 'SCALt:: "~.', :'.N.rr:.~~:1 ,DATt:i~ MAY 6. 20.QIl 'DRAWN 8Y:~ PRO",r~:CT NO.:1iQ81-CB8. ACAD, NO: 9o.73..,.,SD'fQa": '::.~FiLE NO: . 907;3, . . . ': " ..', "', ,,':' '.I~ , .... ". .l.~ .~...;..~ 1o.:....:.ilJ:."~ "~" :....;.:x~, ....!/\. :::=tlGNOIJ .....13 ::=:= ~B:ER &: ......13 ...... ...... RUNDAGE,lIlc. ProielJlJional engineel':!, plannerlJ, & land lJurvtlyors CoW.,. c.""t.r. 1l"ul14 200,. 7~0 TI%ll.II%ll.I TrtJI, Nonb,1 !llpI.., n. 3411lll {;%SPJBP7-S1U L.. C.unt.r. gggO Coe.hat :Rold, 1l"ul14 1031 llOJ11ta~, n. 341Sll JUJ~-!BB3 Certll10114 ot .4aU,owIUOh If... LIl SllU lUld IaI BB!! '1ll1 JSg~-uos EXHIBIT A Pa~ 45J of 7J.. OR: 4149 PG: 0375 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 124 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLffiR COUNTY, FLORIDA SHEET .L OF .L ~ ~~ ~EC",~ OESCRI PTI OIl . PARCE~ 110, 124 THE EAST 50 FEET OF' THE lIEST 100 FE.ET OF' 'THE FOI.~OWIHG DESCRIBED PROPERTY, RIW U""__ THE NORTH 112 OF' THE NORTH 112 OF' THE NE J /4 < OF' THE SW 1/4 OF' SECTIOIl 8. T01lliSlllP SO SOUTH, RANGE 26 EAST. COI.~IER COUNTY, FLOIlIOA, RIW uri- --------- hW~ HE ~ e ---- ~:= --=.-=::.:-:=-- EXISTING DRAIHI>I3E. UTILITY EASEMENT Q) ~ ~ ~ ~ 'b ~ ROBERT & P AnY FLICK ~ 'l5 :::i FOLIO NUMBER: 00402920005 ~ ~ ~ O.R. 2560, PCJ. 2301 ~ ~ !l; .... ~ ~ 'b .'b ~ Vl !:! :::i ~ ~ ~ !i1 ~~ ~ t!I ~ECENOI Rn' . RICHT OF' WAY ~S , ~ANO SURVEi'OIl LB . LICENSED BUSINESS P,B. , Pl.AT BOOI( PC, , PAOE PSII , PROF'ESSIOIlAl. SURVEYOIl 8 IIAl'PER C.R. , COUNTY ROAD O.R. , OFFICIAl. RECORO ~ ~ EAST PROPEFrTr UNE fi.6.~American 'rA: Consulting EngIneers of Florida, llC 4111 I.and 0' I.ak.. BlVd. Sulle 210 Lend 0' Laku, Florlaa 34B39 Phone: (813) 986-2800 Fax: (813) 886-1808 Certlflcato of AuthorIzatIon No. 7110 .xJEL C.IkGEE, PSI/ PROFESSIONN.. SUR(E'fOIl AND MAPPER FWRlDA CEFU/FICATE No. 64JO DRAWN BY. JC/,/ COLI..IE.R COUNTr DBPARTHBNT OF 1'RA.NsPoRTA.11ON CHECKED BY, Sp DRAWING DATE. OB-IB-05 SCALE, '-.100' OR: 4149 PG: 0376 EXHIBIT_ ;j Page~ of-2;L SEe TI ON 8J TOWNSHIP 50 SOUTH1 RANGE 26 EAST COLLIER COUNTY" FLORIDA I.. \ , . ..,.;: "',:<..' \ . I '. '. LEGAL DESCRIPTION" At'JD, SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL I ..\ ::' -c',': " ' CLIENT: COLLIER COUNTY TRANSP,ORTAJ'IO ,', IVISIPN .:.,' " . . \' .. .' . '\' , ' PARCEL No. -'do PROPERTY OWNER: FRANCISCO & ELIZABETH LOVOS REFERENCE: O.R. 3440. po. 0260 AREA OF" TAKE: 0.10 ACRES :I: FLORIDA APARTMENT CLUB NAPLES O.R..28521 PG, 1054 8 + 0) FIRST HAITIAN ALLlANCE'CHURCH O,R, 2735, PG. 2800 P RPETuAL. NON-EXCLUS/.\le. R RIGHT-oF_~y. ORAI-, ANa UTILITY EASEMENT~ - - - - o o + N 0) FRANCISCO & ELIZABETH LOVOS O.R. 3440, PG., 0260 . PARCEL 1fcl.5 PROPOSED R.O. w.. DRAINAGE: AND UTILITY EASEMENT '00' (0.10 ACRES:i:) 25. , 524 BROADWAY COMPANY, LoP. O,R, 1072, PG, 875 o o + o 0) ---- --- ---- --- 524 BROADWA Y COMPANY, L.P,' O,R. 1245, PC. 902 b o + ro OJ r.O.c. P.O.B. R.O.W. == POINT OF COMMENCMENT - POINT OF 8EGINNING == RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: ....!J\ ::::tiGNOLI .....13 ..... ..... ARBER de ......13 ...... . ...... RUND.AGE,l!1c. Professlonal engineers, planners, &: land surveyors com or county. Suit. 200, 7400 'I'omlom.t TrtJl, North! Nopl.., n. S4108 (2S~)a~7-alU L.. Countll gggO Cooonut !load, Suit. 1031 Bonita Sprlar', :n. ~41aO, (23~)948-eees C..tUttod... ot Aull1orilaUoD. Nu. LD :lell" e4 I:B ::use, :rUI (231l)aSa-2io:J I I I~~ O:::~ I~ci 1"'(0::: ctl ~8 SC o -1() +40 62 50.00'R :::: ci Cl2 ~ t:J . r--- ~ ~ a 0) i') fii x ~ \0 LW 8 t'\l ::c: . +72.62 50.00'R I I ~~ N.:- ~ ~ (5 V) ~ Lti Vj Cii >- ~ Q: i7l t5- ;:::jt'<) ~~ O:::~ ~~ 0:::' ><:(0:; DO ~ D- -0 iil'<) C\j ~0 ><:(Cl... Qo~ .lcttO lC) f-.C\j 85, coO:; 00 0::: },.,a "1-01 ~B .~~ K gt'\l ::c: 1 ' I I ',' 8Y: GEO . W. ACKNt:Y .S.M:. NO. 5606, SCALE: 1" = 100', : bATE: MAY 6. 200Q DRAWN BY:---llAt:i PROJECT NO.: 80B1-G88, ACAD NO:.9073-SDlOZ 'FILE' NO: '907~ EXHJBIT_ A- _ Page.L50 of_ ;::( OR: 4149 PG: 0377 SECT/ON 8, TOWNSHiP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL Jr9,S LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFPlCIAL RECORDS BOOK .3440 PAGE 0260 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0,70 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; . PERPETUAL, NON-exCLUSIVE ROAD RIGHT -oF-Wt\y, DRAINAGE ANO UTlllTY'EASEMENT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: . . \~..i ~ :: ,". .: LEGAL DE,SCRIPTION AN'b: ,.s~~JCH ',St:J'!;ET 2 OF 2 . DESCRIPTION: P~RCEL /8.5,':>::\': ," ,', " , CLIENT: COLLIER COUNTY TRAN,S~9RT~T!,(;W:'DIVISlo.N ....~ . ::::tlGNOLI .....13 ::::: \\REER & ......(3 ...... ...... RUNDAGE,lllc, ProfessIonaL engineers, pLanners, &: Land surveyonr CaUl.. CaUl11.,r1 Sullo 100, 7-llJ0 'I'&D1loml '!':roll, !lort!l; !lap I.., n. MI03 (2SD5D7~S111 x... Count,r. DODO C_I111t ll4od, lrtUlo lOS, lIaa.tt& Bprb.p, JL Mlaa (UD -I8SS C.rt1tloalo at .lutl1Orl"UOl1 Nal. UI ~ 0114 II! ass, 7uI (180 -laCS ,',-; B~ ' . " GEO Gt: W. HACKNE P,SJAo NO, 5606 '. \ ;, SCALE: , N,T:$~,,: DATE: MAY 6. 20QQ. DRAWN SY:~ PROJECT NO.:~081-Celi ACAD NO: 9073-S01 oz' FilE NO: ~Oli OR: 4149 PG: 0378 '~)(HIBIT-L .,ge51 , of 7:J PERPETUAL. NON-EXCLUSIVE ROAO~"[:HT-oF~Y, DRAINAGE ANL UTILITY EASEMENT PROJECT NOt 60101 PROJECT PARCEL NO. 126 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .1. OF .1. ~ ~~ R/W U"" -----lJ-l-------_______~_______________________~_u"" Ex.RIW FOR b COONTY BNlN RO.AlJ (CII. 2J;{J) ~ IWlllrH VN/IES} sw v., of thd 1M v., of SllCllon 8 SE I'~ of the 1m 1'4 Of SllCllon 8 WEST PROPERTY LINE " EASTERLY RIW LINE OF COONTY BNlN RO.AlJ (C.R. 2J;{J) COUNTY BARN ROAD (C.R. 268) PROPOSED RIW LINE .LEO~ DESCRIPTION. PARCEL NO, 126 THE EAST 50 FEET OF THE lIEST 100 FEET OF THE FOI.LO.'HG DESCRIBED PROPERTY, THE SOUTH I n OF THE SE I/~ Of' THE N. I/~. OF SECTION 8. TOllllSl!lP 50 SOUTH, RAN<l€ 26 EAST, COI.LIER COUNTY, FLORIDA, ~ ::j ~ ~ ~ CHARLES R KELLER FOLIO NUMBER: 00402960007 O.R 444, PG. 31 ~ ::j ~ ~ ~ S1 LEOENO. RIW , R I OHT OF .AY LS , LA!<<> SURVEYOR LB , LICENSED BUSINESS P, B, , Pl.AT BOOIt PO, . PAOE PSIl . PROFESSIONAl. SURVEYOR a lIAPPER C, R, , COUNTY ROAD O.R, . OFFICIAl. RECORD EAST PROPERTY UNE fi~American ~ "'r.&: ConsUlting Engineers of Florida, LLC 4111 L.nd 0' Lokos Blvd. SUit. 210 Land 0' L8k8~, FlorIda 34639 Phon.: (813) 998-2800 Fox: (813) 998-1908 C.rtltlo.t. of Authorization No. 7HO .xJEL C.IlcGEE, PSM f>ROFESSJOIiA/.. SJ/NEYDR AND 1/1I'PER FI.DRtCM CERTIFICATE No. 6-fXJ COi.LlBR COllNTr DBPA.llTMBNT O/f 'l'RANsPoRTA.170N DRAWN ay. JCM CHECKED BY. Sp DRAWING DATE. Oa-IS-05 SCAL E . I". I 00 ' OR: 4149 PG: 0379 EXHIBI.r A Page ,')J, of 7:] SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COUNTY, FLORIDA b5 "CI- ~CJ r.:--~Cj+l 0 gs Cl (tj 0 ~ -:<1:1:3 + . :-l:;::LUCt;:: ~ Wc:i~(j Uct_"C 0::: i:;!o "<I::El:::J~ Q:(tj C o~ i5"C g: P.O.C. == POINT OF COMMENCMENT P.O.8. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION ANp SKETCfj SHEET 1 OF 3 TI-IIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL (()'7 " ' ., .~ '. CLIENT: COLLIER COUNTY T NSR.ORTATION COLLIER PARCEL NO. 1i9.#1 PROPERTY OPiNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2852. PG. 1054- AREA OF TAKE: 1.30 ACRES :l: ~. ~ N~ ~ 0J (3 Ci) lli d '" to ~ tI1 B \. [3 a: ~ "':f- gs~ -..I - U, f-~ ;<:Q. ~ . c-.r F=:~ ~C\! Q.. "<1::0::: '<:(0 C} i:E a ti PERPETlJAL, NON-EXCLUSIVE ROAD RIGHT..oF-wAY, DRAINAGE . AND unUTY'EASEMENT FIRsT HAITIAN ALLIANCE CHURCH O,R, 2735, PG, 2800 ------ ....,!'\ ::::tlGNOLI .....!:) :=:==iDARBER & ......13 .....'. ...... RUNDAGE,mc. Professional engineers, planners, <Ie land surveyors CoUl.. Count" Bull. 200, "00 TomIoml T:r.u, NorUlIN.plu, n. ~41oa (2~gJ~g7-~IU Le. Count,. ggga Cooonul Ro.d. Suit.. 1081 Bonita SpriD(', n. ~418~ (2~glg'a-888~ CorUno.!. or J.uU.orlUUoD NOI. LB ~8H ...d J:B 8884. l'axi (2~g ~88-2208 MA TCHUNE SEE SHEET 2 OF J SEACREST SCHOOL INC. O,R, 3219, PG, 2683 o o + "'" o cj ~~ -..It<) oC\! ad DQ. V)l")' f-c.o C3~ ~ci ~c5 ~ o o + N o I I Q I (5 O::~ ~ d I "<I:: ci I i~ I a I () I \1 ~oi :r ~. 8t'l <= co cjOJ ~,<=~ j2-(!j J::: =<::0 Q. Ci) . =<::J:::~ -"'C" Q(Q rs:;::~ Q~ LlJ2ci d o o + o o o o + CQ 0> I L...JI <: a en Ci5 >- ~ ~ en 8],-. -.It<) ....l LlJ(!j ~Q.. O::";f [3; -.I Cl.':a2 '<:(0 D "<t- O> a.:-J ~8 ~o Lc) I I 1 w 8Y;' ,_.,c'~' GEORGE SCALE: 1" = 150' DRAWN BY;~ PROJECT NO.:80B1-CtlR ACAD NO: 9073-'SD10Q FILl;: NO: '907Q. SECT/ON 8, t=An Its I J-L:L- Pagefl_ of 7J_ OR: 4149 PG: 0380 ' TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. Ia. ^t PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2852. PG. 1054- AREA OF TAKE: 1.30 ACRES :l: ~ ~ N~ ~ ~ (5 V) 126+00 COUNTY BARN ROAD STA. 117+30,67 == DAVlS BLVD, STA, 128+82,50 130+00 132+00 128+ 00 DAVfS BOULEVARD (S,R. 84) (75' R. 0, VY.) tJ a: '<::( <:"t- CQlC) ~q -.J - (j .. 1-<.!5 ;;:::a... ~~ ~~ ~n:: d '<::( a CE o Li PERPETUAL, NON-exCLUSIVE ROAD RIGHT -QF-'NW, DRAINAGE AND urlUlY.EASEMENT 't5 "'<:1- ~;<:: ~~a:j{ g ~Q V) + .~~ OJ ~ki""" 0 c;j c:i )... 13 T- U .1-",<: a::0:::J '<::(Qr;:::g a...bJ:::l,...: o Q "-' Q..<:: 0"'<: g: P.O.C. P.O.B, R.O.W, = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT -OF -WA Y THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: .....!I\ =::=tlGNOLI .....13 ..... .....ARBER & ......13 ...... ...... RUNDAGE,INc. :?rotessional engineers, planners, &: land surveyoI;'5' Com.r CountYI Bulto 200, HOO TunJun1 Tl'aJl, Northl Nlpl... 7L 3H05 (230I~07-3Ul Lo. COlUltYl 0000 Cooonut ROld, Butto 103; Bonito Bpdnll, 7L :H13! (230 0.5-5553 CerUllo,to 0( AU!horluUon NOI. LB 355. and Ell 355. !'u, (230 ~ee-2203 o o + (0 T- ,... r C"/.;-J ~BI 0)0 tOO ~~i ~g I ()~ I -..I_ I -..I~ C/)0 $:a... -q;: ~ a .. - · r-.. A::~ Fi~ ~t<") /<)0> :'t':2 -..I 01;'./ cSn:: <; (Jci 0' o + ..q. T- ,... 0 0 + ('oj a 6 ct: <: 0::: ~ 0 >- 0 I- + ~ 0 ..- ,... 8 ---- I 3::: I' d I n:: 'Q I- ~ Q' ~ fg(j"t- '-' Lu a...<:0 -q;:- ~ CQ:r::a... cj Uf'.:' V) <0:::(0 Cd L5~"t- >- 8J () , ~ O::l 0::: ~ a CI) s c:i r:t (!) <: f::::: CI) x ki <51"') ~OJ cS~ o('j 'D a... C/) .. f-.~ f2~ 0::: un:: We) (;j LEGAL DESCRIPTION AND. SKETCH SHEET 2 OF 3 DESCRIPTION: .f' A,~CEL ) J..r . , CLIENT: COLLIER, COUNTY TRANSPQRTA TION ,DIVISION ~~ffj~:'_'- BY: / . (" -r; , GE R E W:- RACKN ,FJ.S.M. NO, 5606' SCA~E: 1" =; 150' '.DATE: MAY 6. 2005 DRAWN BY:~ PROJECT NO.: 8081-Ct!R ACAD NO:~073-SD105A ~LE NO: '9073 o o ,. (0 o MA TCHUNt See SHeeT 1 OF J EXHIBIT A Page5Lf _ of-2J OR: 4149 PG: 0381 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL -1~7 LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8} TOWNSHIP 50 SOUTH, . RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BE:/NG MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2852 PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 1,30 ACRES' OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 18.' .. . ' CLIENT: COLLIER COUNTY T~ANSP.ORTATlON DIVIS,ION , , ....!I\. . ::::tlGNOLI .....13 ::::: 1\RBER & .......13 ...... ...... RUNDAGE,lllc. Pro!elllllonal engineers, plannerll, & land Ilurveyors CoW... C01Jl>f.n !IuI\4 200, 7-lO0 TamJamJ Trllll, Horthl lfa~I.., n. SUllll (211Q)BU7-S111 le. CO""f.n gggO Cooonut lI<>ad, !IuI\4 IDS; BonllA Bprinp, n. Ullll5 .(JSg)~-<<Bes c.rtilloa\4 ot AUu..orbaUon Ho.. LIl ~ and IIIl S<<<<4 :rUt (UUj&&e-2Z0S " BY::,:' "G , , SCALE: 'nT.S.' DATE:: MAY 6. 2QQQ DRA viN BY.:...:...JAbJ.,' PROJECT NO.: 80B1-CB8. ACAD NO: 9073-501 DbA FILE NO:_9073 OR: 4149 PG: 0382 EXHIBIT A De- SS" - - · uvw-. _ OL j;) - TEMPORARYDRNEWAY RESTORATION EAsEMENT (DURATION: 3 YEARS FROM COMMENCEMeNT OF CONSTRUCTION) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHUNE SEE SHffT 2 OF :5 SEACREST SCHOOL INC, O.R, 3219, PG. 2683 PARctL NO. J27A PROPE:RTY OWNER: ELORIDA APARTMENT CLUB NAPLES REFERENCE: O,R. 2852 PD. 1054 ~~ l~ u ~ o o + "<t- O i- hJrs f'...'<(;::;: C\I;;;;;tJ.l OO~'<( ,...JCl!.W t3EJ~ 0::19~ Ci:CI.:::> OCl Ct::;:: Cl..'<( ~ ~I 1'> ~ 81 :z: Cl ~ Q:: i' I ~ d ~ 0: r ~ g I ~C g l5 <::~ -,.., (5C\1 Q. Da: (1)1\')' ....to ~/;) l:l:: Uo: LSd V) o o + '" a 8 I(j ~~ '" ULJ NO f'.-.<.J !'.;l(j 1 ~;..: -1-<0 J ,...JEJ ..., l -J t319 0::& ~ -,..J 0: a: '-;0 <00 +~ :l:: ~tJ ~~ 8'" :z: ~ g "=' ~I- <0 ci ~C5 ~ n:: ~ >- f'...Cl~ . o:! C\I).:'({j -~L5 F> ~ ..., ~ cdCl~ ,. uti 8 Q::ll::~ :z: (C) I Ci:Cl:::> ~ ~i ~Cl ({j 0<: B ~ n..'<( 0 a'j a: >-1 b ~I 0 I(j ~l '" to u(Q ~<:~ ~-r.!! ~~o.. ~~..; -'CCto ~~,.., ~::::l"" LL:i~0: d ~ 0.. '<( <::"4- ~:g .,.J- (j , 0 ....~ 0 ;<: 0.. 2; ~~ ~ ~~ ~o: d. ~ Ii o o + co '" J..lHE. L1 L2 L3 L4 L5 L6 L7 L8 LINE: TABI [ illISllH ~ 25.01' N 89'.34'58" W 10,00' S 89'56'5.3" W 56.22' N 00'4.3'.31" W 10.00 N 8918'29" E: 82.00 N 00'4.3'.31. W 88.00 S 8916'29" W 82.00 S 00'4.3'.31" E: 88.00 N 8918'29" E: o o + <0 .", 18 ;tl /'" F7RST HAITIAN ALUANCE CHURCH O.R. 2735, PG. 2800 L1 eJ.... ;::jl<) LL:ir.!! ::.c:o.. Q::;- ~"4- Q::o: gd -- ---- 10"" ""0 u oi~ d -1-2 0.:1 I -1 T.D.R.E. = TEMPORARY DRIVEWAY RESTORATION EASEMENT P.O.C. = POINT Of COMMENCMENT l1QIr;. BEARINGS ARE BASED ON THE: SURVEY BASELINE P.O.B. = POINT Of BEGINNING OF COUNTY BARN ROAD AS BEING N 00'43'31" W. R.O,W, = RIGHT-Of-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCR/PTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727A ..... CLIENT:' COLLIER COUNTY TRANSPORTATION DIVISION . . .. . . . . = UNDAGE~~ Protesa'ional engineers, planners. &c land II\1rn1J"OnI ClloW.r Cou.t,r.IIW.14 I!OO, '/400 '!'.uaJ.uau '1ra.II., NDI'I..b: KQx., n. 141011-)1517-8111 .... g::,T...."":, =::...,~ ::.tar.i'':.. ::'~ 't.::""' no ~~ == BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1" = 15Q' DATE: JAN. 24 2006 DRAWN BY:->lm PROJECT NO.: B081-CBB. ACAD NO: 9073-SD727;1, FILE NO:----lillLl OR: 4149 PG: 0383 EXHIBIT A ~ S-~ of Id- - TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION'. SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 727A PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2852 PG. 1054 126+00 ~~ N"- O ~ <3 VJ 128+00 DA VIS BOULEVARD ---.is:...,R__ 84) (7~ 3.0. W.) 10 ---0___ +1 I~ f2 ....J ll.. '<( :C:'<l- Cl:\lO 0 :::>0 ~ ....J- ~ U. 1-(') ~ll.. ~~ a::Q;) '<(C\l ~a: '<(0 Cl a:: o Ii .Lltll;; L1 L2 LJ L4 L5 L6 L7 L8 LINE: TABI1'; WiSll1:1. fJW11tIQ 25.01' N 89'34'58" W 10.00' S 89'56'53" W 56.22' N 00'43'31" W 10.00 N 89'16'29" E: 82.00 N 00'43'31" W 68.00 S 89'16'29" W 82.00 500'43'31" E: 68.00 N 89'16'29" E: a a + ... ::: >= t'--..~a~ C\iO:Z:~ -C'i'<l:bJ ,..J0::~'<l: t50"';UJ c::bJ:!!;~ '<(oO!:::; a.. (5 Of;:: 0:: ::J Cl.. COUNTY BARN ROAD STA. 117+30.67 = DAVIS BLVD, STA. 128+82.50 130+00 132+00 o ~ ~t,j ~ ~~~~~ r-.;O::-+i ~c:jVl rj~ I-'Uj <;.)0 c:l ~ 5 a:: (5 ~fg:a::8: ... Cl..- a ~~~ o Cl.. + co o o o + to a ~ ,--------- I l. I ~1--.. ,!"')~ ~~ g", <: u~ ::J~ Cl)c.:i ~a.. Cl,..: [5~ -"") ~o: (.)0 Cl d I a:: ~ II ~ d ~ a:: bl ~ g" 8 I :::: I ci ~. I~~ ~A2 Uj~ ~.~ I- ~ fg(j'<l- a.. :<: ,.: '<(-..... Cl:\:;J:ll.. Ur--: ~~tO L.J:;J:'<l- eJ U . Cl:\ a:: o SEACREST SCHOOL INC. O.R. 3219. PG. 2683 AlA TCHLlNE SEE SHEET 1 OF' 3 T.D,R.E. = TEMPORARY DRIVEWAY RESTORATION EASEMENT P.O.C. =: POINT OF COMMENCMENT J::IQE;,. BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. =: POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'43'31" W. R.O.W. =: RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727A CLIENT: COLLIER COUNTY TRANSPORTAllON DIVISION UNDAGE,llfc. Protes.dOllAl engineers, planneI'l!l, &: land lU.rTByors Cl:IlJ.IAr Cotmf.1s l!JuUA 100, 7~ '11U1ltaa1 '1'raQ" N~ x..~. n. 34-101 (1S)wr-IUll 1.1. g:~_f:': ~~ H~.~~ =~ =:C-. no a4~ ~===:: BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1" - 150' DATE: JAN. 24 2006 DRAWN BY:~ PROJECT NO.: B081-CBR ACAD NO: 9073-SD727A1 FILE NO:--.aQEi OR: 4149 PG: 0384 EXHIBIT-L ~S7 of '7;) . TEMPORARY ~fVEWAY RESTORATION EASEMENT . (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIDA LEGAL DESCRIPTION (TEMPORARY DRIVEWAY RESTORATION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTME:NT CLUB OF NAPLES), PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O. W.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706.30 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 00'43'31" WEST A DISTANCE OF 82.00 FEET; THENCE SOUTH 89'16'29" WEST A DISTANCE OF 68.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 82.00 FEET; THENCE NORTH 89.16'29" EAST A DISTANCE OF 68.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING; 5,575 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. LEGAL DESCRIPTION AND SKETCH SHEET .3 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727A CLIENT: COLLIER COUNTY 1RANSPORTATlON DIVISION ~BER &: I:::SRUNDAGE,.... ProtellsLonal engineers, plAnI1l!lrs, << land Illr'ftyonr CoDJu C01I.D.t." 8uit. 200, '14000 TamJlUII.l TraIl,. Kort.h.I )(~. If. 14101 {ZM)6n-l!I1U 1M Cotl.ll.~ "10 CMoJlut R.iuocl,. lutt. 1011 ~t..t. 8pri..aar, It. ".1M zn)N.&..M83 CfttUS6lLt.I 01 J.lIthari.a.tJ.oa M... III IN4r ..... XI lIOU J'qa 1:11)100-1103 BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: N.T S DATE: JAN. 24. 2006 DRAWN BY:-->ltill. PROJECT NO.: BOB1-CBR ACAD NO: 9073 SD727A1 FILE NO:~ OR: 4149 PG: 0385 EXHIBIT A ~ S8 of '/,:) T~MPORA.RY C0NSTF:vC nON L-./.l..SEMENT (C' 'h/.,T!CI'I 3 YEAHS FROM COMMENCEMENT OF CONSTRUCTION) SECTION 8, PARCEL NO. 7278 PROPERTY OWNER: FLORIDA APARTMENT .. CLUB NAPLES REFERENCE: O.R. 2B52 PO 105+ AREA OF TAKE: 0.08 ACRES :!, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHUNE SEE SHEET 2 OF' :5 SEA CREST SCHOOL INC, O.R. 3219, PG. 2683 ~~ r~ u ~ ~ tt .~ '*' ~~ ....J- U . 0 I-~ 0 <: Cl.. 6 ~~ 0 ~~ ~o: "1;0 Q iE o Ii 1..ft1!: L1 L2 LJ L4 L5 L6 L7 LINE TARI ( illWJ1i ~ 25.01' N 89'3f'58" W 10.00' S 89'56'53" W 56.22' N 00'f3'31" W 2.00' N 89"16'29" E 82.00' N 00'f3'31. W 5.00' S 89'32'28. W 3.00' N 8916'29" E 10 o + I~ FIRST HAmAN ALUANCE CHURCH O.R, 2735, PG. 2800 ---- T.C.E. = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: . . == UNDAGE~~ Profellsional engineers, planners, << land lJUM!lyonr CoJ:t1a.r Coulton !W.Ul 100, Hoo 'Z&Ja1am1 .'fn.Jl, !fOrih,j x.,&., JL NIDI 1-)617-8111 .r.... C41ul,n HICl CoGoIUll; ..... ItulIA IDS: .BcmIt& Ifp:rbp, lI. U181 &n}Ha...NSS CfttUt_1A 01 J.aUt.alial:1Aa, .H., :tB I6U ad D aee.l J'ua 1II)Ul-1IOo1 Cl 6 O:::~ ~ 0 03 0: ~ g ~c 8 C,j <:~ .....1<) cS~ 00 DC4. Vll<)' 1-10 ~t;) O:::(j 0: i'5ci (fj o o + ..... o .... t515 t'o."C::l; C\i:!;b) CQ~"C -..JQLei t5Q~ bJ:::; Q::Oi=: "'Co...:::> Cl..OQ 0::;;: 0..."" :l: . I F> ~ 01 o ~ 0 !:fC: 0 DW + ~C! <'l I'-.cj +:2 I 2 ~f.: I ...J[iJ ~ l tH:i Q::o... ~ -' "'CO ~ ''';0 a.. 8: <00 +iQ o o + CO 0> t5 g "" <Ii ~1- R ~15 t'o.Q:::E :l: C\J ).: ~ It -~L;S F> [jQ)... ~ D('3f-. g Q:;ll:::~ ~ Q:Q:::> !RCl a:~ o &: It: . l-... Fi~ ~~ 8"1 ~ ;;::: c) a::: )... -J ~ ~ ~ I ~ twl tJ) ~I X Lei Q'i b )...1 0 ~I Ili ~ "I I Ll (C) C,j<Q I::!<:~ j2~~ J:::oo.. ~J:::..; ....."1;10 <:~t<) ~:::lt<) LlJ~o: ci o o + to '" 10--' ",0 ,~ . <> -.....; O')d o +", 0.;' I -1 ~~ ~~ O:::~ ~'*' 0:::. ~Ck; tsO EASEMENT 1:J.QIa BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00"43'31" W. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 7278 CLIENT: COLLIER COUNTY TRANSPORTA1l0N DIVISION 8Y: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1" == 150' DA1E:JAN. 24 2006 DRAWN 8Y:-->Wi PROJECT NO.: B081-CBR ACAD NO: 9073-SD7278 FILE NO:~ EXHIB'IT A ~ 51 of ;J. OR: 4149 PG: 0386 TEMPORARy CONSTRUCTION EASEMENT . (OURATIQN: 3 YEARs FROM COMMENCEMENT OF C~STRUCTlON) 1- SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DA \.1S BOULEVARD I -1S:...R__ 84) (79:.3.0.w') PARCEL NO. 7278 PROPERTY OWNER: Fl.ORIDA APARTMENT CLue NAPLES REFERENCE: O,R, .2852, PG. 1054 AREA OF TAKE: 0.08 ACRES :l, ~~ N"- 0' ~ G en 126+00 COUNTY BARN ROAD STA. 117+30.67 = DAVIS BLVD, STA. 128+82.50 130+00 132+00 128+00 . 10 ---0___ +1 I~ '" ~~ - 0; ;'12 g", ~ U~ :::l~ ~0 ~o.. 0. . es~ -I<) :::l 00: Uo MA TCHUNE SEE SHEET 1 OF' .3 EASEMENT ~ BEARINGS ARE BASED ON THE SURVEY BASELiNE OF COUNTY BARN ROAD AS BE/NG N 00'43'31" w. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727B CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION ....!\ ====tlGNOLI ..... ... ... .... ~= UNDAGE..... Profoll1on.a.l engineers, planners, &: land I"UrV'8YOl1l C4Dbr Cou.t.r- l!aJ.t. 200, 14&0 ~ 'lnJ:J., H~ x........ It. M101 {ltltt)6n-IUl1 r.. ~_~': =~N-:~l~ ~~~. I'L ~~ ~::=== ~ 0.. ~ ~ ,~O ,.J..... U. I-C!) ~o.. I.iJ . ~~ ~~ 0.., '<(0:: '<(0 ~ r.: LINE: TAB! E: l.11:1f illi!illi ~ Ll 25.01' N B9'J4-'5B" W L2 10.00' S 89"58'5J. W LJ 58.22' N OO'4-J'Jl" W L4 2.00 N B9~5'29" E L5 82.00 N 00'4J'Jl" W L8 5.00 S 89'J2'28" W L7 J.OO N 8916'29" E T.C.E. = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY 1--------- I i' II o ~ "01 ~i o a + o I- ~ fg(j"t- o..~,.: '<(-'" Cl:l:;x:o.. Or-: ~Q:1O i:)~"t- eJ (,j . "" Q: ..... 0 := k~ C'.I:: ~ <:) c:JbJ 00 g Q::~ j; CE a: o kl I . ~ II tii >- ~I Vii I SEACREST SCHOOL INC. O.R. .3219, PO. 2683 BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1'. - 150' DATE: JAN. 24 2006 DRAWN BY:-1l61i PROJECT NO.: B081-C8R ACAD NO:.9073-SD727B1 FILE NO:~ OR: 4149 PG: 0387 EXHIBIT A Page_~u_ oUJ,- TEMPORARy CONSTRUCTION. EASEMENT (DURATION: 3 YEARs FROM COMMENCEMENT OF CONSTRUCTION) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORiDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBLIc RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706.30 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555.00 FEET; THENCE CONTINUING NORTH 00"43'31" WEST A DISTANCE OF 82.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; . THENCE NORTH 89'16'29" EAST A DISTANCE OF 2.00 FEET; THENCE NORTH 00'43'31" WEST A DISTANCE OF 256.82 FEET; THENCE SOUTH 89'32'28" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 256.84 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1284 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTtON AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 7278 CLIENT: COLLIER COUNTY 1RANSPORTATION DIVISION GNOU ER & UNDAGE,IIlc, Prolel8ional engineers, planners, de land .urnyora CaDUlr CoUllttz IJu1ta *. 7-'00 't...u....t 1'ftO., H~ H'afIAI, n. 14101 <tft)5n-IUl LM ~_:.":, =~~.LeJ~ =~~. no ~ ~::=== 8Y: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: N.T:;;. DATE: JAN. 24 2006 DRAWN BY:~ PROJECT NO.:8081-CBR ACAD NO: 9073-SD72781 FILE NO: 9073 EXHIBIT A Pa~ 6, of ?:J. OR: 4149 PG: 0388 "l'" , SECTION 8, TOWNSHIP 50 SOUTH} RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 827 . PROPERTY OWNER: FLORIDA APARTMENT CLUB NAP.LES REFERENCE: Q.R. 2852. PG. 1054- AREA OF TAKE: 0.28 ACRES :f: MA TCHUNE SEE SHEET 2 OF .3 . SEACREST SCHOOL INC, O.R, 3219, PG. 2683 I _ Lu ~ - t:>C5 ~:2 I'.. '<( :<:+i' 8 ~ ~ C\I~ ~ + 1.0 co ~ '<( t3 ~ Lu ::: ,...JcLWQ:: ..... . ~~E~ ~ ~ aqgj::!co ,. ~ ~Q:::Jd g 0 ~ c '--' V):Z: Q~ ..: ~ I "'~N C\I<...io 1'......:.... (j d 0.:1 I -------1 EASEMENT .' .l::JQIr;. BEARINGStiARE:.BASED 'ON.,rble;.SPRVE,Y' BASELINE OF COUNTY BARN:>R.Q~~>-4~:.7~~rNG:'.::t{;g6:4J'3.;t" W. '. , . LEqAL DESCRIPTJ;eN:<~AND. SK'E'FC:H' .SHEET' 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL82'7'.., ~',' . . \ -. :.<, CLIENT: COLLIER COUNT(T8 N.S,p"ORTATION.DIVISION'"' ~~ N~ 1 LJ U ~ PERPETUAL, NON~EXCLUSIVE DRAINAGE AND UTILITY EASEMENT t3 -J a... 'c:( :;::~ CQl() :::>0 -J - 0, I-~ ~a... LW~ ~l() 0::: co 'c:(C\I ~a:: 'c:(d a C2 o Ii --J~ ~~ 'c:(0 a...g: UN!;. l1 L2 L3 L4 L5 LINE: TABLE: ~ 25.01' 10.00' 7.11' 3.00' 2.00' BE:ARING N 89'34'58" W N 89'56'5J" E: N 45'2J'09" W S 89'56'5J~' W S 89'16'29" W "0 ~ ~ '<( 0 ~ <:!--. 0 - + ~ C5 lX) ::: I'.. c:< O'l . ~ >-.~ .f; ~L5 ~ c;jQc g 06- :z: O:::Q::~ Q:o:::J ~a 0 0< 0 Q. '<( + ~ ~ / SOUTHERL Y PROPERTY LINE fiRST HAItiAN ALLIANCE CHURCH Q,R, 2735, PG, 2800 T.C,E. = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P,O.B. = POINT OF BEGINNING R.O,W. = RIGHT-6F-WAY ....!I\ ::::H.GNOLI .....!IJ :::::UARBER & ......13 ...... ...... RUNDAGE,llIc. Professional engineers, planners, &: land surveyors CoWer Count,.; BullA 200, 7~0 Temlom.l Tr&l1. Hoith, Kepi.., n. :UIOa (23VJOg7-3111 L.. Count" VggO Cooonut Roed, MIA 103; BonllA &prillP. lL 3'130 (23g)v~-a003 Ceiunoelo ot J.ut.l1orisaUo" K... LIl MU lUld lIB 3aU rez. (2U>_-2203 o o + 8 o o + ..q- O'l co ,co LLJ () - r;;::;::C\I j2- , i=::;::(!) (/)Oa... :z:J::::..f' -6(0 C5:z:~ Q:::J LW6:a2 d ::: --." t')O 'io')oi ,.~ g~ :z: ~ c:i I a:: >- , -J I ~ ~ (!) 1 <: l!J1 j::: (f) ~ X [j LW (f) <( (l:) >- ~ ~ eJ- -J1't') ,...J 4J~ ~o.. O:::..f' ~~ -J a::, 'c:(~ :;r:o (j I I B~ . ;\(;.,850 ,~ ':{j:,,;:~ ;'6CKNE~ .,p'~,5;.~:.. NO. 5606 :SG~~6:W',.\';::~'1~~:.:~';':;:~1';50","';:i;8~1E'AUG: 31.. 2005 DRAWN' BY:~ PROJECT NO.: 8081-CB8 ACAD NO: 9073-50827 FILE NO: 907~ EXHIBIT A Page 6J. of ? ~ OR: 4149 PG: Os89 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 827 PROPERTY OWNER: FLORIDA APARTMENT . CLUB NAPLES REFERENCE: O.R. 2852. PG. 1054- AREA OF TAKE, 0.28 ACRES :!: ~; N~ O LJ -J . (5 CI) 126+00 COUNTY BARN ROAD STA. 117+30.67 = DAVIS BLVD, STA, 128+82,50 130+00 132+00 128+00 DA VIS BOULEVARD --is:...R__ 84) (7~ 3.0.~) . PERPETUAL, NON-EXCLUS.'VE . DRAINAGe AND UTILITY EASEMENT f2 -J Cl.. -ce <:~ CI:l\(') :::>0 -.1- (j, I-~ <:Cl.. LlJC\j' ~\(') 0:::0:::1 -ce~ Cl.., -ceo::: -ceO a ~ ~ LINE TABLE;, ~ ~ BEARING L1 25.01' N 89'34'58- W L2 10.60' N 89'56'53- [ LJ 7.11' N 45'23'09- W L4 3.00' S 89'56'53- W L5 2.00' S 89i6'29" W 1-- o - -0 + CD ..- ..- (j~ -JCO -J~ Vl(!j ~Cl.. c::l .. - 8J~ :::it<') c5~ (jo bJ in "'l:: 0 ~i- ci c::l ~~ 0 t\I 6 0 ~ ~ca + ~ Lu 0::: ......... ~ :>: CIj ..- ~ .,.... <( ..- . ~Ll.i f) ~ 0 [jCt I<) :*" -ce ~ Od- 0 CI:l Q::Q:;~ 0 .. ~~~ lJJ ~ 0 0 ~.Cl ~ - 0<: '-' Q<l: 0 '0 8 0 0 Q:; + 0 Q C\l ~ ..- ..- ~~ I tOO I Lui- ~g I t:l~ ~~25ii ~ ..- ~-CIj 8 D:) ..- :!:: 0:::I~<(f2 + :g ll'i ~ ~~ ,..JcLl.iQ::: 0 t\I ~ ~63E~ ;: .!"l. Lu :!:: 1<)0) Q::~~~ . . b~ O::Q~o f) f) 0 ~a'-' I<) ;f, :;;: :*" Lul ll..<: 0 0 "'l:: 0 0 \t)"..J 3:, lJJ -...0 L5 :;;: oiq rj 0 +~ CIj 0 "'l:: rf;\ Cl:l >- I ~. ~ t\I Cl:: , L t\I ~ ~ L..! -I<) ('\J.(j 0) f'..f.,.: ~ -..Jfr} Lu ~~ . f) 0.., ~~ o ~ + C Cl..ll.. CD 0 ~lJJ I- ~ V) ,~ I=;:(j Cl.. <: ,.: -ce-'" CI:l:tCl.. u'" ~~co lJ.j:t~ ~ (j , ""-I 0::: CI:l 0 SEA CREST SCHOOL INC. O.R, 3219, PG. 2683 T.C,E, = TEMPORARY CONSTRUCTION p,6,C, = POINT OF COMMENCMENT P,O,B, = POINT OF BEGINNING R,O,W. = RIGHT-OF-WAY , . THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: AlA TCHUNE SEE SHEET.l,'OF J EASEMENT.' .,." '~'" ., !:i.QIf;,. BEA'~/1iiG.S"AR,S::ijA'sgQ'>PN',~Wi<sURVt:Y BASELINE OF COUN1;:'( B~.~~.ff&Q'A.D' ;/\~ IE(SING:'N.~.OO.'4J'Jl" w. LEGAL DESCTR,I~:II'OtsJ~,"~;A;ND.SK.t...rCH' -SHEET :2 OF 3 .., . '. :.. '\ '" ~ ". '. '". .., ", . '., '" . DESCRlpTI.ON"PA"Rt:''''''''''~Bd7;,. .,,," ~', . ' -t ,/,\ ~ ,:,,~u.:.;:. ~\- ..:. ..... ," " ~'-:: to:) t........ .....~. ~ ...... CLIENT: COLLIER COUNTY TRANSP'OR~TATION.~'DIVISION . - ..- ,.' :. \. . "I ....!J\ ::::RGNOLI .....!IJ :::::UARBER &: ......13 ...... ...... RUNDAGE;lIfC. Professional englIiee1'll. planners, & land sur'veyo1'll Colll.. CoWll.7t BulLo 200, 1400 TomllJD! Trall, IIorthl II.pl.., n. lWolOl1 (211V)aV1-3111 1.0. C011J1l.7t VVDQ Cooollut ROa4, BulLo 10S1 BolllLo lIprlDp, n. lWol36 lnU)II4ll-88.U cmusoaLo ot .lUUlorlu.UoIl 1(.... LB -. m4 III -. ru: nu)c5ee-uDs BY: GEORG",:,Y':,;tJ1,A I;<~~Y" ,M. NO, 5606 H"'< ..,. ,,,"~ I'.~':'-;~.,/~':"" /, ',- SCALE: ,1... :;=, lSO ..' P.ATE:'AUG. 31.. 2005 DRAWN ey:~. Pr{OJECT NO.:8081-C~fi ACAD NO: 9073-SD827 A FiLE NO:. 9073 EXHIBIT A Page~0~ ~ of ?-L OR: 4149 PG: 0390 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF" LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A T THE SOU THEA S TERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054 PUBLIC RECORDS OF" COLLIER COUNTY, F"LORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF" WA Y LINE OF" COUNTY BARN ROAD (100' R.O. W.),' THENCE NORTH 89'34'58" WEST ALONG THE SOUTH PROPERTY LINE OF" SAID PARCEL A DISTANCE OF" 25.01 FEET; THENCE LEA VING SAID LINE NORTH 00'43'31" WEST ALONG A LINE 25.00 F"EET WESTERL Y FROM AND PARALLEL WITH THE WESTERLY RIGHT OF" WA Y LINE OF" COUNTY BARN ROAD (100' R.O, W.) A DISTANCE OF 706,30 FEET TO THE POINT OF BEGINNING OF" THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALoNG SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 1565.11 FEtT,' THENCE LEA VING SAID LINE NORTH 45'23'09" WEST A DISTANCE OF" 7.11 F"EET; THENCE SOUTH 00'43'31" EAST ALONG A LINE 30.00 FEET WEST OF" AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 620.05 F"EET; THENCE LEA VING SAID LINE SOUTH 89'56'53" WEST A DISTANCE OF 3.00 FEET; THENCE SOUTH 00'43'31" EAST ALONG A LINE 33.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 256.82 F"EET; THENCE LEAVING SAID LINE SOUTH 8~'16'29" WtST A DISTANCE OF" 2.00 FEET; THENCE SOUTH 00'43'31" EAST A ALONG A LINE 35.00 FEET WEST OF" AND PARALLEL WITH SAID RIGHT OF WAY LINE DISTANCE OF 693,22 F"EET; THENCE LEAVING SAID LINE NORTH 89'56'53" EAST A DISTANCE OF" 10.00 F"EET TO THE POINT OF" BEGINNING OF" THE PARCEL HEREIN DESCRIBED; CONTAINING 0.28 ACRES OF" LAND MORE OR LESS; SUBJECT TO EASeMENTS AND RESTRICTIONS OF" RECORD; ABSTRACT NOT REVIEWED, PeRPETUAL. NON~EXCLUSIVE DRAINAGE AND UTILITY EASEMENT ~;p /t\ ";:.,.". . ....!!\. ::::H..GNOLI .....u :::::UARBER & ......13 ...... ...... RUNDAGE,llIc, Professional engineers, planners, &. land surveYOI1l CoWer COUlltn Buit.. 200, 7-'00 T&miaml. Tra.U. Northl NapIe., tL 3410a (239)aG7-:U 11 Lo. Countr. 8880 Cooonut Ro.~, Il\Ut.o 10S; Bonita Spnq.. n. U1S5 (2Sg)g'3-SSSS Corlllt1o.ta or }.uthorl..Uo" Ho., LIl 9S54 ...~ a SSS4 1u; (2Sg)655-2209 "~I .- ",: ,::~':',~L\ :: :j,{'~~ ,_:<. ~.\~ 'i'::~: .~. :c:':.;: >~ ~' . ", LEGAt:.DESc:~IP:~n:QN<::AND. 'SK'.5T.CH'SHEET 3 DESCRIPTION:PARqEL::~8:2'?:~,<... :!." (~Q ..~ . :: ," " , CLIENT: COLLIER COUNTY' TRANSP.:O~1A TIOW DIVISION . . -',', (', I .. '.. 6F 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: " ", A /-,'-0 ;' BY: ~h (~,~'Y7 A;; .., \"GEORGE:~,'.w;.,'rr~QK~:;if;'ie.S.M. NO. 5606 SCALE: N.T"S;' DATE: AUG. 31.. 200Q DRAWN BY:~ PROJECT NO.: 8Ot31-CBR ACAD NO: 9073"':"SD827A FILE NO: .. 9073 EXHIBIT Pa~ 01f ~ of /d PERPETUAL, NOflJ-\;:fXLUSM: ROAD RIGHT -oF-VVA ~ DRAINAGe AND UTILITY EA6EMEHT OR: 4149 PG: 0391 PROJECT NO. 60101 PROJECT PARCEL NO. 128 SHEET 1. OF 1. ~ ~~ LEGAL DESCRlPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA Rtit' Um Rtit' U"" --=--------------------------~--- ~ E:1f.Rtit'FOR COOm BARN RON) lel/.2681 !WIDTH VARIE:SI sw ~ of Ihe MIf ~ of Secllon 8 SE~ of Ihe /W( ~ or Secllon 8 WEST PROPERTY LINE " EASTE:RlY R/W LiNE OF NTY BARN .R. ~------ R/W Um ---- LECAl. D&sCRIPTlOH . PARCEL NO, 120 THE UST so "En 01' THE lEST 100 FEET 01' THE Flll.LO_IHC DESCRllKD PROPERTY, ~ ::j ~ ~ ~ THE SOUTH J 12 01' THE HOllTH 112 01' THE SE I /~ 01' THE NW I/~ 01' SECTI Olt I, TOWN$HIP 50 SOUTH, RANCE 26 un, Clll.L I ER COUNTY, FLOlll DA, . EDEN INSTITUTE FOUNDATION INC. FOLIO NUMBER: 00403400003 O.R 3364, PG. 2186 LECENl), RI1r , R I CHT 01' WAY LS , LAND SURYEYOll LO 'L I CENSED IlUS I NESS P, B, , PLAT BOOIl PC, . PACE PSII , PROI'ESSIOHAl. SURYEYOll 1 IlAPPER C.R, , COUNTY ROAD O,R, . 01'1' (CIAl. RECORD E:AST PROPE:RTY UNE: COUNTY BARN ROAD (C.R. 268) R/W U"" ---------.;..--- r exiSTING DRAINNJE, --f _ UTILITY EASEJlENT ---- ---~~~~~::~::E~- UTILiTY EASE:UENT ~ ::j ~ e5 ~ Q; ~ 0. :0: "Mmerican :~ 'lltA' ConsUlting Engineers of FlorIda, LLC 4111 L.nd 0' L.ke. BlVd. Sufi. 210 Lond 0' L.k.., Florldo 34639 Phon.: (813) 998-2800 Fox: (813) 998-1908 Cart/fleol. 01 AUlhorlzot/on No. 7fto JOE: L CoIleGEE, PSIi PROFESSKJItAl. S/JRlErOR AND J/NJPER FI.Df/t{).l. Cl!:RT'IF/CATE No. 64JO DRAWN BY. JCI.l COLi.JER. COllNTr DEPA./lTHBNT OF' TR..4NsI'orRTA.T1ON CHECKED BY. SP DRAWING DATEI oe-Ie-05 SCALE. 1-'/00' EXHIBIT A Pa~ (PS" of /;2.. OR: 4149 PG: 0392 PeRPETUAL, NON..EXCLUSIVE DRAINAGE AND UTilI TY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 829A LEGAL DESCRIPTION AND SKETCH DRAlNAGE, UTILITY EASElvlENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST SHEET 1. OF 1. L 50' , 'Z~ R/W UOO --- R/W Uoo 8 --4..RIW FOR ~ COUNTY BARN RON) fC.R, 268) (WIDTH VARIES) sw ~ OF THE 1M ~ OF SECTION 8 SE ~ OF THE 1M ~ OF SECTION 8 LWEST PROPERTY LINE & EASTERLY R/W LINE OF - COUN,,!_BARN ROAD_~.R. 268) --s ~ COUNTY BARN ROAD (C.R. 268) i-R7vruoo ~PROPOSED DRAINAGE, UTILITY EASEMENT LEGAL DESCRIPTION. PARCEL NO. 829A . ~ EXISTING DRAINAGE t UTILITY EASEMENT ---------------- ------ THE EAST 10 FEET OF THE WEST [00 FEET OF THE FOLLOWING DESCRIBED PROPERTY, THE NORTH 112 OF THE NORTH 1/2 OF THE SE J /04 OF THE NW 1/04 OF SECTION 8, TOIlNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ~ :::i ~ l5 ~ Cl.: ~ Vj SEACREST SCHOOL INC, FOLIO NUMBER: 00403400003 O.R. 3163, PG. 2379 ~ :::i ~ l5 ~ Cl.: ~ ~ =l: LECENO. RIW . RICHT OF WAY LS a LAND SURVtrOR LB . LICENSED BUSINESS P. B. . PLAT BOOIt PG. . PAGE PSI.I . PROFESSIONAl SURVEYOR a ""PPER C.R, . COUNTY ROAD O,R. . OFFICiAl RECORD "~American . ~'a Consulting Engineers of Florida, LLC 4111 Land O' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Author/zat/on No. 7110 Joel C. MCGee, P.S.M. No. 6430 SE ~ OF THE 1M ~ OF SECTION 8 SW ~ OF THE NE ~ OF SECTION 8 COLLJER COUNTY DEPA.RTMENT OF 1'RA.NSPoRTA.770N DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. OS-IS-05 SCALE. (Ha/OO' OR: 4149 PG: 0393 EXHISIT_ A Page..:Jo&_ Of_/~_ t\8~RPETUAL, NON-EXCLUSIVE . wtVVNAGE AND UTILITY EASeMENT PROJECT NOI 60101 PROJECT PARCEL NO. 8298 LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASE11ENT . (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHeeT .L OF .L L 50' I ~Z~ R/W line Rae ne Ex,R/W FOR 8 COUNTY BARN ROIV) ICR, 268) .... fWIDTH VARIE:S) NW ~ OF THE NW Y., OF SE:CTIO~ NE ~ OF THE: NW Y., OF SE:CTION 8 WEST PROPERTY LINE: & E:ASTERLY R/W LINE OF COUNTY BARN ROAD (C.R. 268) COUNTY BARN ROAD (C.R. 268) R/W llne -- -- PROPOSE:D DRAlNN;E:, UTILITY EASE:MENT ~ 1....- I I I I '-__.J - a LEGAL DESCRIPTION. PARCEL NO, 829B THE EAST 50 FEET OF THE WEST 100 FEET OF THE FOlLOWING DESCRIBED PROPERTY. ~ :::i ?::: t5 ~ ll.: ~ Vj THE SOUTH 112. OF THE SOUTH 112. OF THE NE I /4 OF THE NW 1/4 OF SECTION 8. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COlLIER COUNTY, FLORIDA. SEACREST SCHOOL INC. . FOLIO NUMBER: 00403040007 O.R. 3219, PG. 2683 ~ :::i ?::: lli ~ ll.: ~ gs ~ LEGEND. Rtw . RIGHT OF WAY LS . LAND SURVEYOR LB 'LICENSED BUSINESS P.B, . PLAT BOOK PG. . PAGE PS~ . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD O,R. , OFFICIAL RECORD ~American ~ 'I('A: Consulting Engineers of Florida, LLC 4111 Land 0' Lakes BlVd. 'Sulte 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlflaate of Authorization No. 7110 Joel C. MaGee, P.S.M. No. 6430 NE.Y., OF THE NW ~ OF SECTION 8 NW Y., OF THE NE ~ OF SECTION 8 COLLIER COUNTY DEP.A.RTMBNT OF .7'R.A.N5PORT.A. TlON DRAWN BY. JCt.! CHECKED BY. Sp DRAWING DATE. oa-la-05 SCALE. IH'IOO' EXH'IBIT A' Page~? 01-7;<_ OR: 4149 PG: 039~ - , .' PERPeTuAL, NON.e>;CLUSIVE ROAD RlGHT;..()F~y, DRAJ~Ge ANo.unuTY~ PROJECT NOr 60101 PROJECT PARCELNOI I30 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (J:{OT A. SURY.8;Y) SECTION 8~ TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLffiR COUNTY, FLORIDA SHEa 1. OF 1. 50' .-~~ ~ -~"'- u~ ----------------------------..!J!L.'!..'" ex. R/W I'M_ b COOm BARN RON) ICIl.2681 ~ (i/(IDTH YARIESI filii( U04 - ----- IrW ~ of fM IrW Y.t of S<<JI/Oti 8 NE 14 of lho J(r( l7.i of StrJ/JOti 8 WEsr PROPERTr LINE " EASrE:FII.Y R/K LINE Ot" . COONTr BARN ROAD IC.R. 268) COUNTYBA:R.N ROAD (C.It26s) --~~~:~::::;- urlLlTr EASEIi.ENr -------- illY( u~ ; I I_ ~ :::5 .~ ~ 'l.; ~ Vi BEREAN BAPTIsT CURCRINC. FOLIO NUMBER: 00403360004 O,R. 467, PG. 472 .J U~GAl DESCRIPTION - PARCEL 130 THE' EAST 50 .FEET OF THE WEST 1.00 FEET OF THE NORTH ONE HALF (N'1/2)'OFTHESOUTH ONE HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA ~ ~ ~ 'l.; ~ !iil -=-- LE OE'iQl. RIW . RIOliT OF WAY LS . LA!;O SURVEYOfl La . LJ CEIISEO ausJ/jl(SS p.a, , I'LAT aoor; PO, , PACE P~l.( . PIlDf'ESS IOHAL SURVJ::YOO a lol4P1>ER C,R, . COUNTy ROAl) O,R. . OFFICIAl. RECQflo ~ EAST PROPE/m' UNE + . \~.~ /b~ \J#. . 0..,1 EXHIBIT A Page_G?R of :1;2 - --- OR: 4149 PG: 0395 PERPETUAL, NOH.fXCWSVE ROADRfGHT-oF~Y;DIWNAGE AND UTlUTY'EA8EMEHT ' PROJECT NO. 60101 PROJECT PARCEL NO. 131 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOTA S,URVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLlER COUNTY, FLORIDA SHEET .L OF .L ~ ~~ I I 1 ~I . -----------J- ---,,~ RIW J.L~------------___!I_1V.l!!!..._!__J Ex. RIW FOR a CWNTY BARN ROAD (CR.2fiB! >< rw(WH VARIES! . COUNTY BARN ROAD (C.R. 268) EAST" PROPERTY UNE ,s/. ., I [;j , j J-. ~ ~ I ... I~ ~ ~ I ~ I ~j P=I ~ ~ ~: A il , , I J I I , I I J ~ :;j ~ ~ i COLLIER DAVIS LLC FOLIO NUMBER: 00403880005 O.R. 3391, PG. 2162 LEGAl. ot:SCRIPTION . PARCEL NO, 131 THE EAST 50 FEET OF THE lEST loa FEET 01' THE FOI.LO_lllO ot:SCRI8ED PRDPERTY. THE N'W . OF THE HE . OF THE N'W . OF SECTlOH I, TO~Up 50 SllUTH, RAHOE 26 EAST, COI.LIER CllUNTY. FLCIlIIDA, LESS AhO EXCEPT J NO THEREFROM THE IiOIlTH 75 FEET THEREOF , LEOENCh RI'W , RIGHT 01' _AT LS , LAND SURVEYOR LB 'LICENSED BUSINESS P. B, , PLAT BOOIt PO, . PAGE PSII , PROFESSIONAl. SURVEYOR a IW'PER C.R, , COUNTY ROAD O.R. , OFFICIAl. RECCIlID "~American 'II'A: Consulllng Engineers of Florida, llC 4111 Land O' Laku Blvd. Suite 210 Land O' Lake., FlorIda 34639 Phone: (613) 996-2800 Fax: (813) 998-1908 Cerflflcate of Authorlzaflon No. 7110 JOEL C,IJ(:(;EE. PSII PROFESSIONAL SURVEYOR NO MN>Pf!R FI.1JRJDA CEFfT'/FICATE No. &4.JO COLl.iBR COlJNTr Di1PA.RTHI1NT OF 17UNSPoRTA.T10N DRAWN BY. JCI,C CHECKED ey. SP DRAWING DATE. Oe-/8.05 'SCALE. /-./00' OR: 4149 PG: 0396 EXHIBIT---D- Page &1 ot?2 >> L .... I. SIMDI e I I....L." .r..... INTEREST SECTION 8, 5.71 INV, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PARCEL 132 PROPERTY OWNER: PANTHER KEY LLC REFERENCE: O.R. 3720 PO. 90 BENCHMARK CBR-7 N 652001.3:2 E 416581.871 ELEV. = 9.40 65+00 ll&+OO 157+00 88+00 COUliTY ,BARN. ROAD 'o'? r (100 ~O. W.) SURVE~ BASEUNE ~ , DO NOT 1;ASS SIGN ~~ No ~ (5 (t) SAND BAG HEADWAI,L (FAILING) (WITNESS CORNER) FOUND 4X4 CONCRETE MONUMENT STAMPED LS 1543 PRM SOUTH 30.21' EAST 0.36' '.. <l'~.. "> t>' ,1' .., FOUND ~" IRON ''lj, SOO'OI'18"E: 29.80' ROD BGA NORTH 0.34' WEST 0.16' '<t~ ofq,. '.. .~ ..... .IIl 'C"... CONTROL STRUCTURE CONTROL f;LEV. = 6.98 (ABANDONED) .cp~,..). "<tq,. 0... ~ CONTROL STRUCTURE CONTROL ELEV. = 7.05 -ct''l 5.02 IN V. CHI. THAM SQUARE DE:vEI..OPMENT CORP O.R. 1-f#, PG. 2121 WOODMCRE LAKE CLUB C.B. 28, PG.. 38 PANTHER KEY LLC O.R. 3720, PG. 90 'ot .~~ 'ofOV SOUTHER~ 30' l ~ '<t~ .CP1P Wi OF' THE 52 OF' THE sJ OF' THE SEi OF' THE SW i OF' SECTION 8, -roo$, R26E; LESS THE ~T SO' FEET AND THE SOUTH 30' FEET. CONTAINING 4,.3$ ACRES (:1:) of,? -<reo. SET ~. IRON ROD STAMPED "ABB INC LB 3664" .'li' of' ~'to SOO'+:J'23'E: 30.01' '~ '<t"" 'MTNESS CORNER SET ~" IRON ROD STAMPED "ABB INC LB 3664" -'f'-o. -<t1P .cr....o -ct..,:J", .tf'~ -cf'<r'u" PANTHER KEY LLC O.R. 3720, PG. 90 FOUND 4X4 CONCRETE COLLIER MONUMENT BOUNDARY & TOPOGRAPHIC SURVEY OF ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 17 TOWNSHIP 50 NORTH ..... RANGE 26 EAST. COLUER COUNTY FLORIDA =... GNOU . LEGAL DESCRIPTION AND SKETOH SHEET 1 OF 2 DESCRIPTION:' PARCEL 132 CLIENT: COLLIER COUNTY 1RANSPORTA 1l0N DIVISION . IJUlER & ..& .. .. UNDAGE",,~ Prolell!llonal engineersl planners, &: land 1I\U"n;1Cl'W ""w.. ......"" ...... ..... 7.... '1uo1&ml ..... M_ x.,.... ... Ime !"')orT-0I11 .... ='oot.o"":t ~~".::' M";:."J":.. ~~ =:--. .....~ 1==== BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1" == 100' DA TE: JAN 9. 2006 DRAWN BY:--IIiA PROJECT NO.: B081-CElli ACAD NO:~ FilE NO: 9325 EXHIBIT A Page_ 7(; of '7:2 , OR: 4149 PG: 0397 fE:J~ SIMPlE INTEREST SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PARCEL 132 PROPERTY OWNER: PANlHER KEY LLC REFERENCE: O,R. 3720. PO. 90 LEGAL DESCRIPTION OF PARCEL 132 ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY D~CRIBED' AS 'FOLLOWS; . , THE WEST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8 LESS THE WEST 50.00 FEET THERE OF FOR COUNTY BARN ROAD RIGHT OF WAY PURPOSES AND LESS THE SOUTHERLY 30.00 FEET THEREOF. CONTAINING 4.36 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; AGNOLl, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS GENERAL NOTES' 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. CURI/E DIMENSIONS ARE AS FOLLOWS: 6 = DELTA ANGLE, 'R = RADIUS, A = ARC DISTANCE, CH = CHORD DISTANCE AND CHB = CHORD BEARING 3. P.O.a. = POINT OF BEGINNING. 4. P.O.C. = POINT OF COMMENCEMENT. 5. BEARINGS ARE BASED ON l.rrolQ . = SET IRON ROD/CAP @ = FOUND PK NAIL & DISC ITI = IRRIGA TION CONTROL BOX Illi = WA TER METER (QJ = UNITED TELEPHONE SYSTEMS RISER ~ = WATER VALVE . = BACK FLOW PREVENTER I(.}: = CLEANOUT BOUNDARY & TOPOGRAPHIC SURVEY OF ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 17 TOWNSHIP 50 NORTH · RAflGE 26 EAST, COLUER COUNl'f FLORIDA = GNOU . . ~BER & I:5RUNDAGE..... Prolessional snglnssrs, plannors, .I< land 1nU"n11Ors c.m.. Co\\D.t.,t Wit too, 701.OO''t&a1aa1 'Jftf1. !t'~ X....f n. 14101 /IIt)lrr-ll11 tAll C4lUI.71 tHCI Cooaau. ...... Ic1Jta iDle :Bamt& .......... n. 84111 1II}N6-118S C....wr..tA of ..latJu~u- H.. :r.a ,... aU D aI64. J'u:I 11I)11I.o-110I LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 132 CLIENT: COLLIER COUNTY 1RANSPORTAllON. DIVISION BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE:' 1w = 100' DATE: JAN 9. 2008 DRAWN BY:---IRA PROJECT NO.: 6081-CBR ACAD NO:m.oo.s FILE NO: 9325 OR: 4149 PG: 0398 EXHIBIT---L p~ 71 at ;;2. TEMPORARY DRNEWAY RE8TORATION EASEMENT (DURATION: 3 YEARS FROM COMtENCEMENT OF CONSTRUCTION) PROJECT NOr 60101 PROJECT PARCEL NO. 761 SHE.E.T .LOF .L I 30' , ~ LEGAL DESCRIPTION AND SKETCH TEMPORARY nRIVEW A Y RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGEND. RIW . 'R 1 GHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P,B. '.PLAT BOOK PG, . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C,R. . COUNTY ROAD O,R. , OFFICIAL RECORD W 'ROPcRTY LINe LEGAL DESCRIPTION - PARCEL NO, 761 ~ .... ....r THE WEST 19 FEET OF EAST 44 FEET OF THE NORTH 20 FEET OF A PARCEL NOW OR FORMERLY OWNED BY HARRY AND MARTHA BICKFORD BY DEED OF RECORD IN O.R, 2231, PAGE 1300 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA. SAID PARCEL LOCATED IN THE SOUTH 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ~ f.5 ~ q.; ~ ~ HARRy & MARTHA BICKFORD FOLIO NUMBER: 00406600305 O.R. 2231, PG, 1300 r-. 1 I I { I I J r iXIS7:tNG ROADNAY, DRAINAGE -L UTILITY EAScMENT ---- -- ---- 19' TEMPORARY DRNEWAY RESTORATION EASEMENT R/W. Line.. ~z: I I I I I I I I 1 I : I I Itg l.::j :~ Its I~ Iq.; I;:::: 11..;; Igj :;;:; 26' I =----l I I I I I I I { 1 I I I I , I I I I I I J I I I I I I I I I I I I I I I I I I I { I .J \. /" / , I I I I I , ~ I ~L ....:l I I ( I I II \EAST PROPE~TY LINE & WESTERLY R/W LINE OF COUNTY BARN ROAD (CR. 268) COUNTY BARN ROAD NW ~ OF THE SW ~ OF SECTION 8 (C.R. 268) NE ~ OF THE SW ~ OF SECTION 8 R/W FOR a COUNTY BARN ROAD (C.R. 268) ~ (WIDTH VARIES) ~;w nil If.}American . ~'.a Consulting Engineers of Florida, LLC 4111 LandO' Laklls BlVd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 998-1908 Certlfloate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 COLUER COUNTY DEPA.RTMENT OF TRA.NSPoRTA.170N DRAWN BY. JCM CHECKED By, SP DRAWING DATE. 08-18-05 SCALE. 1".60' PROJECT NOz 60101 PROJECT PARCEL NOr 162 *** OR: 4149 PG: 0399 *** EXHIBIT 1/ Page-2L at 7~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTtON) SHEET 1.. OF 1.. , 30' , LEGAL DESCRIPTION AND SKETCH .Z ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 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 I ~ \. :.::l ~ e5 ~ /' 0..: ' I ~ , Sl I I I I ~ I ~L ...:1 / I ( : /9' TEMPORARY DRNEWAY STORAT/ON EASEMENT 35' I I I I I I I I : I I 1 I I I J I I I I I I I 26' I =--.-! I I I I I I I I I J I _I ---1 I R/W FOR 8 COONTY BARN ROAD fC.R,268) ..... (WIDTH VARIES) ""'Ri'W 00 LECEND. RIW . RICHT OF WAY ~S . ~AND SURVEYOR ~B . LICENSED BUSINESS P.B. . PLAT BOOK pc.. . PACE PSM . PROFESSIDNA~ SURVEYOR 8 MAPPER C.R, . COUNTY ROAD O,R, . OFFICIAL RECORD WEST PROPERTY UNE JONATHAN GIFFORD FOLIO NUMBER: 00406200006 O.R. 842, PG. 1888 LEGAL DESCRIPTION - PARCEL NO. 762 .41 ~ ~ e5 ~ 0..: ~ gs ~ THE WEST 19 FEET OF EAST 44 FEET OF THE SOUTH 35 FEET OF A PARCEL NOW OR FORMERLY OWNED BY JONATHAN GIFFORD BY DEED OF RECORD IN O,R, 842, PAGE 1868 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA, SAID PARCEL LOCATED IN THE SOUTH 1/2 OF THE NW 1/4 OF THE SW I 14 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, I exfSTfNG RONJHIV'.DRAlNN;E --L & UTIUTY EASEMENT \. EAST :OPERTY UNE & WESTERlY R/W UHE OF COONTY BARN ROAD fC.R, 268} R/W Uoo 1M ~ OF THE SW ~ OF SECTfON 8 NE ~ OF THE SW ~ OF SECTION 8 COUNTY BARN ROAD (C.R. 268 riA~American . "'A: ConSUlting EngIneers of Florida, LLC 4111 Land 0' Lakes Blvd. Sufte 210 Land 0' Lakes, Fforfda 34639 Phone: (813) 996-2800 Fax; (813) 996.1908 Certfflaate of Authorization No. 7110 Joel C. MaGee, P.S.M. No. 6430 DRAWN BY. JCM CHECKED BYI SP DRAWING DATEI 08-18-05 SCALEI 1 ".60' COLUER COUNTY DEPA.RTMENT OF TRA.NSPORTA.110N ITEM NO.: \ ~;-:--iCt UF I HI: c/OUNTY ATTORNEY 2005 HAY 27 AM 9: 51 DATE \ RE~I~D: " ~b B 4. ~ FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES ~... Ot c:. ~- ~;~ 2+ -fC:- -<r+ C -n Date: May 27,2005 To: Office of the County Attorney Attention: Robert Zachary Fr~Brenda Brilhart, Purchasing Agent ~Purchasing Department, Extension 8446 Administrative Services Division Re: Contract 05-3802; "Golden Gate Boulevard Intersection Improvements at Everglades Boulevard" Bonness Inc.; Contractor BACKGROUND OF REQUEST: This Contract was approved by the BCC on April 26, 2005 ; Agenda Item 16(B)(4). his-i een previously submitted. Please refer to your number OS-PRC-00228. The previously missing Payment and Performance on s w included. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. Cv~ to -( --6 S c: Dan Hall, TECtvt ~6 84~ MEMORANDUM Date: June 1, 2005 To: Brenda Brilhart Purchasing Department From: Ann J ennej ohn, Deputy Clerk Minutes & Records Department Re: Contract #05-3802; "Golden Gate Boulevard Intersection Improvements at Everglades Boulevard" Contractor: Bonness, Inc. Enclosed please find three (3) original contracts, as referenced above, (Agenda Item #16B4), approved by the Board of County Commissioners on Tuesday, April 26, 2005. We have kept a copy for the official public record and have also provided the Finance Department with a copy. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3) 16 B 4 ~ Golden Gate Boulevard Intersection Improvements at Everglades Boulevard COLLIER COUNTY BID NO. 05-3802 COLLIER COUNTY, FLORIDA (Transportation Projects) Design Professional: TE&CM Department COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 TABLE OF CONTENTS 16 B 4 ~ - .- A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS - D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: EXHIBIT C: Insurance Requirement Form Release and Affidavit Form EXHIBIT 0: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT E1: Work Directive Change EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT G1: Certificate of Final Completion EXHIBIT G2: Warranty EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Plans and Specifications prepared by TE&CM and identified as follows: Golden Gate Boulevard Intersection Improvements at Everglades Boulevard as shown on Plan Sheets Pages 1-18 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 www.colliergov.net ~6 B4~ ADDENDUM DATE: March 24, 2005 TO: Interested Proposers FROM: ~,~ Brenda Brilhart SUBJECT: Addendum # 1 - Bid # 05-3802 - "Golden Gate Boulevard Intersection Improvements at Everglades Boulevard" Addendum #1 covers the following changes/clarifications for the above-referenced Bid: CHANGE: The Successful Bidder shall be required to finally complete all Work within sixty (60) seventy five (75) calendar days from and after the Commencement Date specified in the Notice to Proceed. (Page TR-PN-2) The undersigned further agrees to substantially complete all work covered by this Proposal within sixty (60) forty fi....e (45) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within seventy-five (75) sixty (60) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. (Page TR-P-8) DELETE: Exhibit H, Section 8.1 - weekly reports are being waived. Exhibit H, Section 32. - Direct Purchases will not be made by County. CHANGE: Exhibit J, Article 5-14 - As-built Drawings (Article 5-14) shall be prepared by the contractor by hand on a hard copy of the plans. The cost of preparing these red-line plans is incidental to the construction of the project; no additional payment shall be made by the County. 16 B4~ ADD: Exhibit J, -- Paving Materials shall be per 2000 FDOT Standard Specifications utilizing Marshall Mixes. No Super Pave is being used for this project. ADD: To Exhibit/Roadway Plans: · Relocation of mailboxes is included in pay item for Standard Clearing & Grubbing (Sheet 2) · Roadway cross-sections for the project have been added to the construction drawings. The updated quantity for the pay item for Excavation is 3,388 C.Y. and includes the construction of 1,089 C.Y. of Embankment at no additional cost. REPLACE: The Contract Bid Schedule with the attached pages TR-P-2a and TR-P-2b. Bidders must use the Addendum Proposal Page in order to be considered for award. 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LOCAL TIME, on the 31st day of March 2005, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 A.M. LOCAL TIME on the 17th day of March, 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. In instances where the County has deemed the pre-bid to be Mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of its bid.] Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, Golden Gate Boulevard Intersection Improvements at Everglades Boulevard County Bid No. 05-3802 and Bid Date of March 31, 2005. No bid shall be considered unless it is made on the Bid Schedule, which is included in the Bidding Documents. The Bid Proposal (TR-P-1 through TR-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112, 239-774-8407, upon payment of $50.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue Ft. Myers, FL 33916 TR-PN-1 16 84 - _ Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten _ (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, _ as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of _ business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such "0" contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within sixty (60) calendar days from and after the Commencement Date specified in the Notice to Proceed. - The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date. Dated this 23rd day of February 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Stephen Y. Carnell Purchasing/General Services Director TR-PN-2 16 84 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1 .2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1 .3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. .- 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages TR-P- 1 to TR-P-13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified _ herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. TR-IB-1 Section 3. Bid DeDosit Reauirements 16 84. 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required -" Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, .- forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Riaht to Reiect ProDosals 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Sianino of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. TR-IB-2 16 B4~ 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, its signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder -- and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. TR-IB-3 16 B 4 ~ 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. [In instances were the County has deemed the pre-bid to be Mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of its bid.] Section 9. Examination of Site and Contract Documents b. By executing and submitting its Bid, each Bidder certifies that it has: Examined all Bidding Documents thoroughly; Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; -- 9.1 a. c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. ,.- No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any - failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. -' 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before - submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. __ The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as TR-IB-4 16 8 4 ~ set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the _ unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to _ re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall __ file his protest with the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject .. all bids proposing the use of any subcontractors who have been disqualified from bidding by the County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, - such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. .. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the - recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest ". and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#85-8012621830C-2) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier Countyl Florida the Bidder is acknowledging that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes. TR-IB-5 16 B4 Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of its responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.801 F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87-25, meaning ~- a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be .- considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when - evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by __ the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. TR-IB-6 J I I I Full Name of Bidder I I J I I I I I I I I , , I j BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 16 84 Golden Gate Boulevard Intersection Improvements at Everglades Boulevard BID NO. 05-3802 Bonness Inc. Main Business Address 1990 Seward Avenue Place of Business Naples, FL 34109 Telephone No. (239)597-6221 Fax No. (239) 597-7416 State Contractor's License # CB-C059904 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued Contractor's Initials 1 3/24/05 ~il Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your proposal pages. 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(S' ~s: ''"-' Olt: ~ CJ1""" OG \)J ~ Ct.;) o -.l ... -- UI . -l:. ~ - \Jj s- ~ 0 )..) \)J I..1J 6' ..s:> ~ 0 ~ o.c U") - ...) c \.) ~ }; ~ .,S) C(; }J 0 l 16 84 I MATERIAL MANUFACTURERS l The Bidder is required to state below1 material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MANUFACTURER . MATERIAL . 1. Asphalt I 2. Concrete 3. Hansen pi pe I 4. I: 5. I 6. Better Roans, APAr. Krehling Industries, Rinker Concrete Pipe I Dated March 31, 2005 Bonness Inc. Bidder BY: ~u~)t~';::'-L- I l . I ! I J J l TR-P-3 I , LIST OF SUBCONTRACTORS 16 B4.. .. ..-; I I The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet afllegal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses I certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non-compliant or non-qualified subcontractors in his/her bid offer. Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non- compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). '.... l l '1 --I Subcontractor and Address Class of Work to be Performed 1 . BBLS Sucvey/As-builts --I Railhead Blvd, Naples J 2, EB Simmons Electcical J 4406 Exchange Ave, Naples t J 3. Ccoss Countcy Under~round fTnnpr']rl"'lImn Tn- i 1 it i ,:>"" Yahl St, Naples .- J 4. South FL Excavation Cleacin~ ~ !l Railhead Blvd, Naples 5. Tcutwin Industcies Siqnaqe/Stcipinq ! Mainline Pkwy, Foct Myecs r ! 6. GeE Entecpcises Sod/Seed Cape Cocal, FL J Dated Macch 31, 2005 Ronnps!'\ Tnl"" Bidder BY: (~/Ao:f~ I.-~ I ~ . TR-P-4 . t. ~ LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, induding, but not limited to proper licenses1 certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non-compliant or non-qualified subcontractors in his/her bid offer. Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non- compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). ... - ,- Subcontractor and Address 1. Tincher Concrete Gator Rd, Fort MYers 2. NES Traffic Safety Fort Myers ~ 3. Woods & Wetlands .. N Fort MYers, FL .. 4. I !!I 5. Ie 6. !! J Dated March 31, 2005 I . I , ~ Class of Work to be Performed Concrete 16 B 4. Mar Silt Fence/Erosion control Bonness Inc. Bidder BY: i~ .v " / <:...,-/ /.,~ dd~ / ~ ~L:- TR-P-4 16 B 4i 5T A TEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Proiect and Location Reference 1. Bonita Beach Rd Extension The Ronto Group - Mark Taylor r t J I I I ( I I I I I I I I Bonita Springs 649-6310 2. Livinqston Rd Phase IV Collier County Naples Lynne Thorpe 3. CR951 and White Blvd Collier County - Mitch Reilly Intersection Improvements 77408192 4. The Dunes Signature Communities Naples Duncan Farnsworth 566-2800 5. Collier County Annual Road Collier County Improvements 774-8192 6. palmira Golf and CC The Ronto Group Bonita Sprinqs Mark Taylor 649-6310 7. 10th St S Roadway Improvements City of Naples Naples Brad Hefner 213-7400 Dated March 31, 2005 Bonness Inc. Bidder BY: ~,.n-.'1tf~, V-'- TR-P-5 16 B 4 ,; TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act, Chapter 553, Part VI, Florida Statutes. The Bidder further identifies the cost to be summarized below Goldengate Blvd. & Everglades Blvd. Trench Safety Units of Measure Measure Unit Unit Extended (Description) (LF ,sy) (Quantity) Cost Cost 1. 14" x 23" ERCP LF 104 $0.00 $0.00 2. 14" x 23" MES EA 6 $0.00 $0.00 3. Utility Locates, Underground EA 10 $0.00 $0.00 4. $0.00 5. $0.00 6. $0.00 Total $0.00 Failure to complete the above may result in the Bid being declared non-responsive. Dated March 30, 2005 Cross Country Underground Bidder By: ~~ .-R- ~-P-6 16 B 4~ CONFLICT OF INTEREST 1. Bidder shall provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the ~un~ L 3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. Failure to provide the documentation requested above may result in the Bid being declared non-responsive. Bonness Inc. Contractor By: CJ1/-ije'e-0J1~ ',.& Date: March 31 f 2005 Its ~re-StL1J TR-P-7 ,.'j'l :,{ ,\ 16 B 4 .- -. . "' ; :......"'.. "-" , ,', J.- _ _ _1 . _~ '.~. _ ~,:_ : _ = c_~"_'~'..:'-' 1990 Seward Avenue Po. Box 9140, Naples. FL 34101 (239) 597-6221 . Fax (239) 597-7416 March 31,2005 Collier County Government 3301 East Tamiami Trail Naples, FL 34112 Re: Golden Gate Blvd Intersection Improvements at Everglades Blvd Bid #05-3802 This is to certify that Bonness Inc. will comply fully with items 1 and 2 on the "conflict of interest" form and certifies that no conflict of interest does exist or will arise if Bonness Inc. is awarded a county project. ~<Odh/6~/Y.b- Kathleen M. Bailie, President \' ", : "" ""'.' ."'.' .;".1..,' Lr, 16 84 '. . - -~ . "r- _.l-_~_ .3: ::~;'_:T':: ':,:r ~:':~.L=\~ 1990 Seward Avenue Po. Box 9140. Naples. FL 34101 (239) 597-6221e Fax (239) 597-7416 March 31, 2005 Collier County Government 3301 East Tamiami Trail Naples, FL 34112 Re: Golden Gate Blvd Intersection Improvements at Everglades Blvd Bid #05-3802 Bonness Inc. hereby declares not to pursue any private sector work within the limits of the above county project until the county project is completed and accepted by the county. Bonness Inc. understands that a waiver may be granted at the sole discretion of the county. ~a,4~,P~ Kathleen M. Bailie, President L6 84. .... ;'1 _\ I 55 1:"1 '..~, :,.~~i;:~:": :~r.: .1~-::_. ":'-\-2'-:--~ c-: -. 1990 Seward Avenue PO. Box 9140, Naples, FL 34101 (239) 597-6221. Fax (239) 597-7416 March 31, 2005 Projects within the past two years (complete and not yet completed): Mission Hills Riverwood - Bonita Springs Naples Centre Palmira Golf and CC Lakewood Plaza Horse Creek Estates The Dunes Livingston Road Phase IV Bonita Beach Rd Extension S1. John the Evangelist Church S 1. Agnes Church ., 16 Bh. Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will executltl formal Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: Fi ve ,Peccent of Bid dollars ($ 5% of Bid ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. . . If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within forty-five (45) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within sixty (60) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. . . . Respectfullv Submitted: State of Flocida . Colliec County of . Kathleen M. Bailie , being first duly sworn on oath deposes and says that the Bidder on the above Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. I ... . Kathleen M. Bailie , also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. I (a) Corporation . The Bidder is a corporation organized and existing under the laws of the State of Flocida which operates under the legal name of Bonness Inc. and the full names of its officers are as follows: . President Kathleen M. Bailie I Secretary Eileen Kocses , J Treasurer Macqacet Kell V Manager ~ I . TR-P-8 ~ ] 1 ~I 1 1 ~t "] -j -J J 1 J J 1 J J J and it (does) or (does not) have a corporate seal. The (name) is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). 16 84 (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an' individual whose full name is operating under a trade name, said trade name is ,and if DATED March 31, 2005 Bonness Inc. legal entity (S)0-0~ BY: Kathleen M. Bailie Name of Bidder (Typed) ~"'-'..-?7,\64:~<:..- rr:?c-< Signature Witness President Title [Corporate SealJ I ~ TR-P-9 l , 16 84 ' I STATE OF Florida COUNTY OF Collier I The foregoing instrument was acknowledged before me this 31 day of March by Kathleen M. Bailie , as President . Bonness Inc. , a Florida corporation I corporation. tie/she is personally known to me or has produced as Identification and did (did not) take an oath. ,20051 of on behalf of the I Ii .. ~ I ! My Commission Expires: ~ )..C) ,~O\ c~~~~ (Signature Notary) NAME: ~ \ ~'S)~ (X ('i. ~ (Legibly Pnnted) I . I f (AFFIX OFFICIAL SEAL) Notary Public, State of ~~.1 Commission No.: 1)\) m ~5< 1 J J l J .. l I I I I .. I .. j"" a\. Cindy Preston . ~ . My Commission 00204487 \...~ ExpIres April 20, 2007 TR-P-10 I 16 B 4 ~ BID BOND ~NOW ALL MEN BY THESE PRESENTS. that we Bonness Inc. (herein after called the Pri9cipal) and Fid' d D q , herein called the Surety). a corporation chartered and existing under the laws of t,e State of Maryland with its principal offices in the city of Schaumburg IL I "~d authorized to do business in the State of Florida are held and ~lmly bound Into the Board of County Commissioners of Collier County FL (hereinafter. called the Owner. in the full and just sum of r . '-1ollars ($ 5% of Amt Bd ) good and lawful money of the United States of America.. to be paid 'pan demand of the Owner, to which payment well and truly to be made. the Principal an. the Surety bind themselves, their heirs. and executors, administrators, and assigns, jointly and severally and ...c:rmly by these presents. . Whereas, the Principal is about to submit, or has submitted to the Owner. a ploposal for -'" Jrnishing all labor, materials, equipment and incidentals necessary to furnish and install: Golden Gate Boulevard Intersection Improvements at Everglades Boulevai, I i NOW, THEREFORE: The conditions of this obligation are such that if the Fl posal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award execute a ;ontract in accordance with the Proposal and upon the terms, conditions and price( set forth ..lerein. of the form and manner required by the Owner. and execute a sufficient and t tisfactory "~ontract Pertormance Bond and Payment Bond payable to the Owner, in an amount of 0, e hundred ,ercent (100%) of the total Contract price each in form and with security satisfactory r the said Jwner, then this obligation to be void; otherwise to be and remain in full force and virtu~ n the law; End the Surety sHaUl upon failure of the Principal to comply with any or all . of th, foregoing equirements within the time specified above, immediately pay to the aforesaid Owner, up. demand, ule amount hereof in good and lawful money of the United States of America, not as a pel Ily but as ,liquidated damages. i II\J TESTIMONY Thereofl the Principal and Surety have caused these presents to be duly{~igned and ...sealed this 31st day of March , 2005. Bonness Inc. Principal BY c;;j~/},,a~e,, f?<.-- ,-r ........;.- (Seal) TR-P-11 16 B4~ Fidelity Surety r,-~ ~~ Eileen C. Heard, Attorney-in-fact and Florida Resident Agent (Seal) N/A , c ... Countersigned - Local Resident Producing Agent for Fidelity and Deposit Company of Maryland TR-P-12 ~6~4 ZURICH TillS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND If( J Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of2002. No action is required on your part. Disclosure of Terrorism Premium The premiwn charge for risk ofloss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in anyone calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside ofthe United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part ofan effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 16 B 4 ~ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said companY'Wh~' ~ set forth on the reverse side hereof and are hereby certified to be in full force and effect on t~he date hereof d~s~m Iij- . nate, constitute and appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hiram P. HAMP. e~~~.p] ~ Peter A. THOMSON and Eileen C. HEARD, all of Tampa, Florida, EACH its ~~ ~~ ~]ld.,Att.'q~-t~act, to make, execute, seal and deliver, for, and on its behalf as surety, and~m~(~: )~~~fl...~ undertakings, and the execution of~uch bonds or undertak~'~gS i\ ~~~'t1l~1~~€' ~s~$!ll}1.!!'&~'b~nding upon said Company, as fully and amply, to all intents and pug>os~(B' \JjM Dee~~ ytgd'Rh'tfacknowledged by the regularly elected officers of the Company at its ?.tB~ ~ltirdo) ,~~, \t;-~f~,~ e'r persons. This power of attorney revokes that issued on behalf of Richard P.\~JRI!:~~'eY~ Hiram P. HAMPTON, II, Peter F. PRIOLO, Peter A. THOMSON, Eileen C. HEARD, d.au;~7 I, ~OO. \<" \r,-0 The said Assistant &;i?r i does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of June, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~v~ By: Assistant Secretary Paul C. Rogers ~ T. E. Smith Vice President State of Maryland }ss: City of Baltimore On this 3rd day of June, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personalIy known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severalIy and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ~~~jVtA~ Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 031-3055 THIS SHEET MUST BE SIGNED BY VENDOR 16 84 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST Bidder should check off each of the following items as the necessary action is completed: 1. 2. 3. 4. 5. 6. 7. 11. 12. 8. 9. The Bid has been signed. The bid prices offered have been reviewed. The price extensions and totals have been checked. The payment terms have been indicated. Any required drawings, descriptive literature, etc. have been included. Any delivery information required is included. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. Any addenda have been signed and included. The mailing envelope has been addressed to: Purchasing Director Collier County Govemment Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 The'mailing envelope must be sealed and marked with: <=*Bid Number; <=*Project Name; <=*Opening Date. The bid will be mailed or delivered in time to be received no later than the specified ooenina date and time. (Otherwise bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Bonness Inc. Company Name ~v-n-,6~ ;;.j)~ Signature & Title March 31, 2005 Date TR-P-13 J.O 84. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Bonness Inc. ("Contractor") of 1990 Seward Avenue, Naples, Florida 34109 a Florida corporation, to perform all work ("Work") in connection with "Golden Gate Boulevard Intersection Improvements at Everglades Boulevard" ("Project"), as said Work is set forth in the Plans and Specifications prepared by TE&CM Department the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: $519,276.07 (Five Hundred Nineteen Thousand Two Hundred Seventy-Six Dollars and Seven Cents). TR-CA-1 Section 4. Bonds. 16 84 A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, - substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within forty-five (45) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial completion is further defined as that date the roadway is open for traffic and all pay items have been completed and accepted by the Owner except for thermoplastic striping, punch list items, street lighting and traffic signalization burn-ins. The work shall reach final completion and be ready for final acceptance by Owner within sixty (60) calendar days from the Commencement Date (herein "Contract Time"). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the time period noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand two hundred and eighty eight ($1,288.00) dollars for each calendar day thereafter until substantial completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penaltyl a sum certain per day, in the amount <- of six hundred and forty four ($644.00) dollars, for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is achieved. The Project TR-CA-2 16 Bh j shall be deemed to be substantially completed on the date the Project Manager (or at tI/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete or finally complete the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County Will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of one thousand two hundred and eighty eight ($1,288.00) dollars per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion, the Contractor, or in the case of his default, the surety, shall pay the sum of six hundred and forty four ($644.00) dollars per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's -.. performance of the work due to any unreasonable action or delay on the part of the County. TR-CA-3 16 B 4" I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit E 1 : Exhibit F: Exhibit G: Exhibit G 1 : Exhibit G2: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Work Directive Change Certificate of Substantial Completion Form Final Payment Checklist Certificate of Final Completion Warranty General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared by TE&CM Department and identified as follows: Golden Gate Boulevard Intersection Improvements at Everglades Boulevard as shown on Plan Sheets Pages 1 - 18. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Daniel Hall, Project Manager Transportation Engineering & Construction Management 2685 Horseshoe Drive South, Suite 212 Naples, Florida 34104 Telephone: (239) 417-60n Fax: (239) 213-5885 E-Mail: DanieIHall@colliergov.net TR-CA-4 16 8 J. ~ ...'" B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Bonness Inc. 1990 Seward Avenue Naples, FL 34109 Attention: Ms. Kathleen M. Bailie, President Telephone: (239) 597-6221 FAX: (239)597-7416 c. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assians. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governina Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire Aareement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. TR-CA-5 16 B4 Section 13. Severabilitv. Should any provIsion of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra .- proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. =. =. =. =. =. =. =. TR-CA-6 16 B 4 ~ IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Bonness Inc. '"", ~/~:? ..// r ~. ',' -,~-~;~---// Sy: ' ,,' '. /,., ,- ---1uJvlcL/ H~ V P Type/Print Name and titie ~~ FIRST WITNESS -j e.aAVlll e.. C Q;y Y\ ~ Type/Print Name (' ~~~~ SECON WITNESS Affix the "(Corporate Seal}" OR type/print "(Corporate Seal)" c.... \ N\J'-4 Y \i ')~n\ Type/Prh1t Name Date: ~ d I d(]] 5 ATTEST: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwigh~~':)?l~,J~~rk '\' .....- 0 ' By:rJ~~~~~~~( . - ,.. t.... ,-...i."i. (", .~Jp~ """l'~".'~ Appro\f~~LAs.T ()~Q,[m and Legal'S" '''hcy: ~ BY: ~W. ~ Fred W. Coyle, Chairman Item# ~ AgendaLl ~~I ~ Date ~.....) TR-CA-7 a.L. 16 84 ,~ Golden Gate Boulevard Intersection Improvements at Everglades Boulevard EXHIBIT A PUBLIC PAYMENT BOND I L Bond No. PRF 8815672 Contract No. Project No. 60016 KNOW ALL MEN BY THESE PRESENTS: That Bonness Inc. . as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located - at 1400 American Ln, Tower 1, Schaumburg IL 60196 (Business Address) are held and firmly bound to Board of Count Commissioners of Collie aA: O~ Ige In the sum of I Five Hundred Nineteen Thousand Two Hundred Seventy-sixo 1Y~519 27 .89 y for the payment ". whereof we bind ourselves. our heirs, executors. personal rJpresentatives, successors and assigns. jointly and severally. J'". - WHEREAS, Principal has entered into a contract dated as of the c;L day of May 2005, with Oblige for Golden Gat~ Boulevard Iqte+,ses;tion LJIlP}COXelDftts at Everi"l.<ldps Bonl pvard I accordance with drawings and specifications. which contract is incorporated by reference and made a ~ part hereof. and is referred to as the Contract. I ~ Promptly makes payment to an claimants as defined in Section 255.05(1), Florida Statutes, I supplying Principal with labor, materials or supplies, used directly or indirectly by Prlnclpal.~ln the "- prosecution of the work provided for in the Contract, then this bond is void; othelWise it remains in full ~. force. The provisions and limitations of FL Statute 255.05 are hereby incorporated within t by reference. Any changes in or under the Contract and compliance or noncompliance with any fonnalities ~ connected with the Contract or the changes do not affect Sureties obligation under this Bond. I I THE CONDITION OF THIS BOND is that if Principal: The proviSions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment BondI regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF. the above parties have executed this instrument this 18th day of May 2005. the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. TR-CA-A-1 Bond No. PRF 8815672 - Signed. sealed and delivered in the presence of: 16 B 4 .. PRINCIPAL - ~ fW4~ .~.. ~~~('J)~ 1- Witnesses as Principal Bonness Inc. ay: ~"'U"U"'6"~,?v. . NAME: 1-ee-rL ~' B:ul; e ITS: ~ e-Ld.eJ STATE OF Florida I ,,_ COUNTY OF Collier I. The foregoin instrument as cknowiedged before me this .;l 1./ <!BY of. /vl,,-~ 2005, . by . e , as Pres-L-Jed _ of ~- Bonness Inc. I a Florida corporation, on behalf of the corporation. I... He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Legibly Printed) Notary Public. State of Commission No.: -...:.:'u SURETY: Fidelity and Deposit Company of Maryland' (Printed Name) 1400 American Ln. Tower 1. SChaumburg IL 60196 N/A (Business Address N/A (Authorized Signature) I I. (Printed Name) Witnesses to Surety TR-CA-A-2 l- 16 84 Bond NO. PRF 8815672 OR CJ c ~'-- C>Lk-c::Ll c J As Attorney In Fact and Florida Resident Agent (Attach Power of Attorney) V~ Eileen C. Heard (Printed Name) Lykes Insurance, Inc. I- t ] L STATEOF COUNTY OF l L L L I. l l l I , 400 N Tampa St #2200 Tampa FL 33602 (Business Address) (813) 223-3911 (Telephone Number) F10rida Hillsborough The foregoing instrument was acknowledged before me this 18th day of May , 2005, by Eileen C. Heard I as Attorney-in-fact & Resident Aged' Fidelity and DepQRi t Comp;my of M.<lryl.<lnSUrety. on eh If of Surety. HelShe -is personally known to me OR has produced known as identification and who did (did not)'take an oath. My Commission Expires: Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) TR-CA-A-3 16 84-/ EXHIBIT A ~UBLlC PERFORMMfCE BOND i'- Golden Gate Boulevard Intersection Improvements at Everglades Boulevard Bond No. PRF 8815672 Contract No. Proiect No. 60016 \._ KNOW ALL MEN BY THESE PRESEpNIT~: alThatd Bonness Inc. f , as r nClp ,an Fidelity and Deposit Company 0 Maryland , as Suretyl located at 1400 American Ln, Tower 1 I Schaumburg IL 60196 (Business Address) are held and firmly bound -- to Board of County Commissioners of Collier County FL I as Oblige in the sum of Five Hundred Nineteen Thousand Two Hundred Seventy-six and 07/100 Dollars 1- ($ 519,276.07 ) for the payment whereof we bond ourselves, our heirs. executors, personal representativesl successors and assigns, jointly and severally. , 1_ WHEREAS, Principal has entered into a contract dated as of.the day of 2005. with Oblige for Golden Gate Boulevard Intersection Improvements at Everglades Boulevard, Bid No. 05-3802 in accordance with drawings and 1,_ specifications I which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. 1.- I- t- ~ May THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and -.;.. . 2. Pays Oblige "any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, a1l delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compUance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changesl extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the - specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time. alterations or additions to the terms of the Contract or to work or to the specifications. TR-CA-A-4 Bond No. PRF 8815672 16 84. , I- I 1.-- This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes. 1._ shall not apply to this bond. In no event wUl the Surety be liable in the aggregate to Oblige for more than the penal sum of this 1_ Performance Bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 18th day of 1- Ma~ .2005. the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 1_ Signed, sealed and delivered in the presence of: PRINCIPAL :~~~~ . Witnesses ~ to Principal J- 1- Bonness Inc. BY: ~L~..q~"4ad~,~ NA~~; ~~:J-N ~L ~ STATE OF Florida COUNTY OF Collier I- The fqrplJOing in"fUllJltnl )Vas acknowledged before me this if:L d;tl' of J.1~ .;.; 2005, by ~-fJt\- ti. .fdM.J,e ,as ~~~ _ of I Bonness Inc. . a F' nri ria corporation, on behalf of the t- corporation. Helsjle is personal Iv known to me OR has produced as identification and did (did not) take an oath. L .,~ My Commission ~~ I :1 ,,\),~~.y. ~~a{{, JEANNE GAUOTO (Si ature) '- II" * MY COMMISSION # DD 039659 I 0:" ". EXPIRES: July 29, 2005 .1 ~7"OFfCO"'" Bonded Thru Budget Notary SelVices Name: '~i (LegIbly Printed) L L (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: L L I TA-CA-A-5 Bond No. PRF 8815672 16 84 ~... ATTEST: SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1400 American Ln Too/pr Schaumburg IL 60196 (Business Address) N/A ~t6 (Authorized Signature) - Witnesses as to Surety (Printed Name) a/~ OR ~~)~~~ As Attorney in Fact and Florida Resident Agent (Attach Power of Attorney) Eileen c. H~ard (Printed Name) Lykes Insurance, Inc. 400 N T~mp~ ~t #?2nn Tampa FL 33602 (Business Address) 813 -223-3911 (Telephone Number) .... STATE OF COUNTY OF Florida Hi1lsborough The foregoing instrument was acknowledged before me this 18tlttay of Eileen C. Heard I as Attor Fidelity and Deposit Company of ~ry:Sur.tyl on b 0 OR has produced k wn an oath. My Commission expires: . 2005, by ent of . He/She Is personally known to me I ntiflcatlon and who did (did not) take May (AFFIX OFFICIAL SEAL) PETER A. THOMSON Name: Notary Public, State of Florida (Legibly Printed) M,i ec"'",. llX!'. gee. 1 S, 20G? Comm. NOr QQ 259744 Notary Public, State of: Commission No.: TR-CA-A-6 16 84 ~ ZURICH TillS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk ofloss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with tennsl amounts I and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of a~ annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year, for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year, and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in anyone calendar year. DeDnition of Act of Terrorism The Terrorism Risk Insurance Act defines "act ofterrorism" as any act that is certified by the SecretaIy of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastlUcture; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part ofan effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of th.e course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses reslllting from the act, in the aggregate, do not exceed S5,OOO,ooO. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 16 B4~ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the State of Maryland. hy PAUL C. ROGERS. Vice Prcsident. and T. E. SMITH, Assistant Secretary, in pursuance of authority granted hy Article VI, Section 2. of the By-Laws of said Company, w9~~iiT~ set forth on the reverse side ~ereo.f and are herehy certified to he in full force an~ effect on the date hereo~ d~s('1tiJi;.~.~~ate, constitute and appOl~t RIchard P. RUSSO, JR., Tanya L. .RUSSO, HI~am P. HAl\J_f1-<1~~~~e'~.t-l~:!l\~ Peter A. THOMSON and EIleen C. HEARD, all of Tampa, Flonda, EACH Its Jf~a:::fu~tL~'tig~ht ~!l.d~rqqJ\l.~t~jBact, to make, execute. seal an.d deli.ver. for. and on its hehal." as ~urety. ~!)d f1t\rB~\~i0'!~: :"M~~f!;~~~'3nd u~dertakings and the execution of ~uch honds or undertak~~g~'~.}f fW:t~~~~:Pt'tll~~e\~~c\s.:;~S{ ~f'l!<\jjc'-fK'bJndJng upon said Company. a~..rully a~d amply, to all Jnt~nts a<~d p~~~s~rfg{~.~~ ~~~!1-~\J/~.\li~d~tt'ackn.owICdged ~y the regularly electe~ officers of the Company at Its ?.qJfr~~ ~4...ItIA:ill~~~I~)' u;1)\~f~.,wptOper persons. This power of attorney revokes that Issued on hehalf of Richard P.V~.~2RI.':;~.lf1\~~\~~~O~s(":Hiram P. HAMPTON, II, Peter F. PRIOLO. Peter A. THOMSON, Eileen C. HEARD, d~f"O{~~~}' ~llOO;.-' The said Assistant geCretzrri does herehy certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto suhscrihed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 3rd day of June, A.D. 20m. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0:): V~ ~ By: T. E. Smith Assistant Secretwy Paul C. Rogers Vice President State of Maryland } ss: City of Baltimore On this 3rd day of June, A.D. 2003. hefore the suhseriher, a Notary Puhlic of the State of Maryland. duly commissioned and qualified. came PAUL C. ROGERS. Vice President. and T. E. SMITH. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to he the individuals and officers descrihed in and who executed the preceding instrument. and they each acknowledged the execution of the same. and heing hy me duly sworn. severally and each for himsel f deposeth and saith. that they arc the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company. and that the said Corporate Seal and their signatures as such officers were duly affixed and suhscrihed to the said instrument hy the authority and direction of the said Corporation. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first ahove written. ~ ~ "1JV tJ\U Sandra Lynn Moone." Notary Puh/ic My Commission Expires: January I. 2004 POA-F 031-3055 ,. '. :) 841 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI. Section 2. The Chairman of the Board. or the President. or any Executive Vice-President. or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do hy the Board of Directors or by the Executive Committee. shall have power. by and with the concurrence of the Secretary or anyone of the Assistant Secretaries. to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require. or to authorize any person or persons to execute on behalf of the Company any honds. undertaking, recognizances, stipulations. policies. contracts, agreements. deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do herehy certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI. Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary. or Assistant Secretary of the Company. whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued hy the Company, shall be valid and hinding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the said Company, this I)} day of /'/}/d /(ji dCl<\- ofd~ Assistullt Secretllr" EXHIBIT B INSURANCE REQUIREMENTS l6 84, (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/ConsultanVProfessional. (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the Contractor/ConsultanVProfessional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor/ConsultanVProfessional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor/ConsultanVProfessional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. TR-CA-B-1 16 84. (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor/Consultant/Professional shall furnish to ._ the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? -X- Yes _ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee -X- $1,0001000 Each Accident $1,0001000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. D Applicable r8l Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. D Applicable r8l Not Applicable TR-CA-B-2 16 84 COMMERCIAL GENERAL LIABILITY Required by this Agreement? .lL Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant / Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits - of Liability shall not be less than the following: General Aggregate $ 300,000 Products/Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products/Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 -1L General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal _ the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. TR-CA-B- (6) Coverage should also include the following: 1) Requirement for the contractor to carry adequate insurance for protection of the City of Naples' raw water mains, including indemnification of the City/County. 16 B 4 " 2) Standard provision of including the City of Naples as an Additional Insured on the Certificate of Insurance. (7) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. D Applicable IZI Not Applicable (8) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement.) D Applicable IZI Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial - Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 16 84 (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- contractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent __ covered by property insurance obtained pursuant to this exhibit or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? 1- Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor/Consultant/Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 1- Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/ Professional and, if so, such may shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. TR-CA-B-5 rom: SU$:":1 Phillips-Hassett At: Arthur J Gallagher & Co. FaxlD: 727-791-1613 To: Jeanne Carnes Date: 51212005 04:38 PM Page: 2 of 3 ACORD. CERTIFICATE OF LIABILITY INSURANCE DIYYYYI BETTE-2 0 02/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PI'IODUCER IAoJ. Gallagher & Co.-Tampa Bay -2600 McCormick Or., suite 300 Clearwater FL 33759 Phone: 727-797-4190 Fax:727-791-1613 INSUI'IED INSURERS AFFORDING COVERAGE Bonness Inc. 1990 Seward Avenue Naples FL 34109 INSURER A INSURER 8 INSURER C' t11100i5 U.~ion.l %ns~.nc. Co NAIC# 23817 M.~~cn6~ U~on F~~. xne, Co, INSURER D: INSURER E: COVERAGES J THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING I ANY REQUIREMENT. TERM QR CONDITION OF ANY CON11<ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE IMMIODiW)= DATE (MMIODIYYI LIMITS GENEFlAI. LIABILITY EACH OCCURRENCE i 750,000 JA I-- GL9333218 05/15/04 05/15/05 X X COMMERCIAL GENERAL LIABILITY PREMISES (Es occursnce) $ 300,000 I CLAIMS MADE o OCCUR MED EXP (Anyone person) $ 10,000 I-- ---' 0- $250,000 SJ:R PERSONAL. & ADV INJURY $ 750,000 GENERAL AGGREGATE $1,750,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPfOP AGG i1,750,OOO h POLICY n ~~8r nLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- $ 750,000 JA ~ ANY AUTO CA8261736 05/15/04 05/15/05 (Es accl dent) ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - 1S.. HIRED AUTOS BODILY INJURY $ I 1S.. NON-OWNED AUTOS (Per accident) X $250,000 SIR PROPERTY DAMAGE (Per accident) i GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ I ===J ANY AUTO OTHER THAN EA ACC $ AUTO ONL Y: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 B ~ OCCUR o CLAIMS MADE BE 568-40-37 05/15/04 05/15/05 AGGREGATE $10,000,000 $ ==J DEDUCTIBLE $ RETENTION $ $ IA WORKERS COMPENSATION AND X IT~R'yt:~I% I IO~~ EMPLOYEI'IS' LIABILfT'Y WC6436440 05/15/04 05/15/05 E.L EACH ACCIDENT $1,000,000 ANY PROPRIETORfPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $1,000,000 ~~~~I~s~~~sv~~~~s below E.L DISEASE - POLICY LIMIT $ 1,000,000 t OTHER DESCI'IIPTlON OF OPEl'lATIONS I LOCATIONS f VEHICLES f EXCLUSIONS ADDED BY ENDOI'ISEMENT f SPECIAL PROVISIONS Icontract# 05-3802 - Golden Gate Blvd. Intersect~on Improvements at Everglades Blvd Coll~er County has been added as an additional insured with respects to General Liability as per written contract. I J ---CERTIFICATE HOLDER COLCONA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WI'IITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLI<OATION 01'1 LIABILITY OF ANY KIND UPON THE INSURER. ITS A<OENTS OR I Collier County Board of County Commissioners -Purchasing Oept Brenda Br~lhart 3301 Tamiami Trail Naples FL 34112 @)ACORD CORPORATION 19BB ~CORD 25 (2001/0B) RECE I VED MAY-02-2005 04:40PM FROM-727-791-1613 TO-BONNESS INC PAGE 002 rom: Su~~n Phillips-Hassett At: Arthur J Gallagher & Co, FaxID: 727-791-1613 To: Jeanne Carnes Date: 51212005 04:38 PM Page: 3 of 3 4 .' \. J J IMPORTANT J If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. j If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. J DISCLAIMER J The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. J J j J J J 1 J.. 1 1 ~CORD 25 (2001/0B) RECEIVED MAY-02-2005 04:40PM FROM-727-791-1613 TO-BONNESS INC PAGE 003 EXHIBIT C RELEASE AND AFFIDAVIT FORM 16 84 COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 2005 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,2005, by , as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: TR-CA-C-1 16 B4~ EXHIBIT 0 FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By CONTRACTOR: DATE: By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: Wo ."" ...ICl...l .c.cW I-Z:t: O<:t: I-liit: ce== ,.- w B Cl .c l! af.zi 1< " Iii ~ -' ce - w Cl af.~ 0-\ ...~ w ce W:t: Of/) Z- :5~ .co 101- I-W ZI- WW 0...1 ceo. w:E 0.0 0, I~ln W _. clwa:!;( I-...IOQ I ~~t;o SolSl- ... f/) 0...1 w.c ce- Oa: I-w f/)!;i :E l.: .8 Q E mO I~ " fi z xa: \l -a I-W ,;::) e ~ .~ Q a.. ..J II> W ct l1. 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You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: For the (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now () calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. By: By: CEI PUED By: By: CONTRACTOR T.E.C.M. DIRECTOR By: By: PROJECT MANAGER BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TR-CA-E-1 ....(i) Exhibit E-1 Transportation Engineering & Construction Management llizpartment WORK DIRECTIVE CHANGE 16 84 PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners ................................................. ........ ............................................................................................. ............,.............. PROJECT #: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: 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: D Unit Prices D Lump Sum D Other Method of determining change in Contract Times: D Contractor's records D Engineer's record D Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: ACCEPTED: AUTHORIZED: By: By: Engineer/Consultant Contractor By: Owner's Representative TR-CA-E-1-1 EXHIBIT F 1684.. CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure "_ to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-F-1 16 B4~ The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2005 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2005 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2005 OWNER By: Type Name and Title TR-CA-F-2 16 lBJ',~ EXHIBIT G FINAL PAYMENT CHECKLIST "- Bid No.: Contractor: Project No.: Date: ,2005 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: Final Contract Amount: Calendar Days. Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11 . Operating Department personnel notified project is in operating phase. 12. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Owner: TR-CA-G-1 16 D4 ".r- .. 1: ' EXHIBIT G1 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 191 0-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 The following warranty is attached to and made a part of this Certificate: TR-CA-G 1-1 EXHIBIT G2 16 84 Executed by Design Professional on ,2005 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on ,2005 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on ,2005 OWNER By: Type Name and Title TR-CA-G 1-2 EXHIBIT G2 16 84~ WARRANlY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide. warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will. at its own expense, replace andlor repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR CORPORATE SEAL BY: Attest: TR-CA-G2-1 EXHIBIT H GENERAL TERMS AND CONDITIONS 16 84 ~ 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularlYl but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; TR-CA-H-1 16 84 climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railwaysl drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoringl supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval I a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93-77, Amended by 96-29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to the hours of 9:00 a.m. to 3:30 p.m., Monday through Friday, except for County Holidays. Turn Lane closure allowable with prior approval from Engineer. No work shall be performed outside the specified hours without the prior approval of the Project Manager. TR-CA-H-2 4. PROGRESS PAYMENTS. 16 84 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material-men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager. Within twenty (20) business days after the date of each Application for Payment is stamped as received, the Project Manager, or Consultant, shall either: (1) Indicate his approval of the requested payment; (2) indicate his approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.735, Florida Statutes and the administrative procedures established by the County's Purchasing Department and the Clerk of Courts' Finance Department respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. TR-CA-H-3 16 84 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. Collier County shall reserve the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the County's Purchasing Policy. 4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.6. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.7. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval I a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.8 Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: TR-CA-H-4 16 84 (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non- liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test resultsl schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. TR-CA-H-5 16 84 Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractorls achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be orderedl installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance TR-CA-H-6 guarantee or other surety with respect to any substitute. The Project la~gerijil# record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitutel Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4. The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project sitel description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1 .8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. TR-CA-H-7 16 84 8.2. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings I specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documentsl together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documentsl samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniquesl sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public TR-CA-H-8 16 84 enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockoutsl Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible I in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned UNo Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, neverthelessl promptly perform the change as directed by Owner in a written Work Directive Change. In that event I the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor TR-CA-H-9 and material costs and reasonable actual equipment costs as a result of thl ~angP 4 (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure, copies which are available in the County Attorney's Office or the Purchasing Department Office. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claiml action, suit or administrative proceedingl unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. TR-CA-H-10 12. OTHER WORK. 16 84 12.1. Owner may perform other work related to the Project at the site by Owner1s own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor1s Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor1s Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this documentl shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any TR-CA-H-11 Subcontractor, or anyone directly or indirectly employed by any of tl2 ,a 4 Contractor / Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expensel with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor doesl with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. TR-CA-H-12 17. PERMITS, LICENSES AND TAXES. 16 B4 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. TR-CA-H-13 18.3. If Owner deems any of the foregoing remedies necessary, Contractor Jr~s thB 4 it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amountl Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection I attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred I damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and TR-CA-H-14 16 84 exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable shall issue a Certificate for Final Payment. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. TR-CA-H-15 16 ,B~ Owner reserves the right to inspect the Work and make an independent determination as to the Workls acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material-men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completionl any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Managerl or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to payor to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor. TR-CA-H-16 22. TESTS AND INSPECTIONS. 16 84 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 Inspection, testing or approval of any portion of Work that is required by (i) any applicable codes, laws, ordinances, rules or regulations of any public authority other than Collier County, or (ii) permits issued by any public authority other than Collier County, shall be arranged by Contractor, at Contractor's expense, without right of reimbursement from Owner. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. Contractor shall provide Owner with the required certificates of inspection, testing or approval. Other inspection, testing or approval of any portion of Workl that is required by (i) the Contract Documents, (ii) codes, laws, ordinances, rules or regulations of Collier County, (iii) permits issued by Collier County, (iv) the Project Manager or (v) the Design Professional, shall be conducted by Owner or a person designated by Owner and shall be accomplished at Owner's or such person's expense. Contractor shall cooperate with such process. If the Work fails the inspection, test or conditions of approval, then Contractor shall promptly correct the deficiency at Contractor's cost, without right of reimbursement from Owner, and shall notify Owner when the Work is ready for re- inspection, re-test or re-approval. Owner shall charge Contractor the cost of re- inspection, re-test or re-approvall including but not limited to fees and charges of professional service providers. 22.3. If any Work that is to be inspectedl tested or approved is covered without prior written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation, and replaced if necessary, at Contractor's expense without right of reimbursement from Owner. If, however, Contractor had given Project Manager timely notice of Contractor' intention to cover the Work and Project Manager had not responded after a reasonable period of time, then Owner shall bear such expense. 22.4. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective TR-CA-H-17 defective Work. Contractor shall bear all direct, indirect and consequentJ ~ts B 4 such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; howeverl this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. 23.3. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.4 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. TR-CA-H-18 1..6 $ .... ' 84 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedulel monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Workl or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. TR-CA-H-19 26. EMERGENCIES. 16 84 26.1 . In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous theretol resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walksl pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all TR-CA-H-20 necessary safeguards for such safety and protection. Contractor shall notify ~~ers g 4 adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (OS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid proposal page. TR-CA-H-21 MOT is to be provided within ten (10) days of receipt of Notice of Award. 16 B4 32. DIRECT PURCHASE 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this Bid which shall take precedence over other conditions and terms of this Bid where inconsistencies or conflicts exist. Additionally, the County; at itls sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable. C. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers. 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions A. Contractor shall be required to maintain records of all County-furnished materials that it incorporates into the project from the stock of County- furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and/or 2. been incorporated into the project. TR-CA-H-22 'i 6 L . 84 .., Notwithstanding the transfer of County-furnished materials by the County to the Contractor's possession I the County shall retain legal and equitable title to any and all County-furnished materials. B. The transfer of possession of County-furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee for the County-furnished materials. County-furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. C. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County-furnished materials. Such insurance shall cover the replacement cost of any County-furnished materials not yet incorporated into the Project during the period between the time the County first takes title to any such materials and the time when the last of said materials are incorporated into the project. E. The County shall in no way be liable for any interruption or delay in the projectl for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County-furnished materialsl except in the event of the County's gross negligence or willful misconduct. F. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. TR-CA-H23 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS TR-CA-I-1 16 84 EXHIBIT J TECHNICAL SPECIFICATIONS 16 84.. Per FOOT Januarv 2004 Roadwav and Traffic Desion Standards And January 2000 For Marshall Mixes Use 2000 specifications for Sections 330 and 331 (Hot Bituminous Mixtures and Tvpe S Asphalt Concrete) as shown on Sheet J-1-19. Do not use Super Pave Asphalt Concrete TR-CA-J-1 16 84 ~ EXHIBIT J-l TECHNICAL SPECIFICATIONS - ROADWAY THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION" (2004 EDITION, AS AMENDED TO DATE), AND THE FOLLOWING SPECIAL PROVISIONS AMENDING THE STANDARD SPECIFICATIONS, ARE HEREBY ADOPTED AND MADE A PART OF THE CONTRACT DOCUMENTS. IN CASES OF DISCREPANCY, THE GOVERNING ORDER OF THE DOCUMENTS SHALL BE AS FOLLOWS: 1. Advertisement for bids, instructions to bidders, proposal, contract form, payment and performance bond. 2. Construction Plans 3. Technical Specifications 4. FDOT 2004 Design Standards 5. FDOT Standard Specifications for Roadway and Bridge Construction GENERAL NOTE: Many sections within Division I of the FDOT Standard Specifications for Road and Bridge Construction, 2004 Edition, have been deleted by this Exhibit J-l, and in some cases replaced by provisions within Exhibit H. For the Contractor's convenience, the Owner has attempted to identify the provisions(s) in Exhibit H replacing the deleted sections. However, the Contractor is responsible for reviewing all contract documents and the Owner's failure to cross reference a deleted section with its replacement section or sections in Exhibit H shall not relieve the Contractor from complying with the requirements included in Exhibit H. If a section within the FDOT Standard Specifications for Road and Bridge Construction, 2004 Edition, is deleted by this Exhibit I-I and there is no corresponding replacement provision within Exhibit H, that section is deleted and not applicable to this project. Any references in Division II to sections within Division I which have been deleted and replaced by provisions in Exhibit H shall be treated as references to the applicable sections within Exhibit H. 1-1-1 16 84, LIST OF REVISIONS TO THE FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2004 EDITION DMSION I ... ....... ..... .................... ...... .. ........ .... .................... .................... .... ........... ............ ....... .... 3 GENERAL REQUIREMENTS AND CO VENANTS ................................................................................ 3 SECTION 1 - DEFINITIONS AND TERMS............................................................................................3 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS .....................................................4 SECTION 3 - AWARD AND EXECUTION OF CONTRACTS .............................................................4 SECTION 4 - SCOPE OF WORK.............................................................................................................4 SECTION 5 - CONTROL OF THE WORK..............................................................................................4 SECTION 6 - CONTROL OF MATERlALS............................................................................................5 SECTION 7 -LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC .......................7 SECTION 8 - PROSECUTION AND PROGRESS ................................................................................10 SECTION 9 - MEASUREMENT AND PAYMENT ..............................................................................12 DMSION II ................ ................................................................................................................... 14 CONSTRUCTION DETAILS... .......... ..... ..... ........... ..... .............. ........ ...... ............. ............... ...... ............... 14 SECTION 100 -CONSTRUCTION EQUlPMENT - GENERAL REQUIREMENTS ..........................14 SECTION 102 -MAINTENANCE OF TRAFFIC ................................................................................... 14 SECTION 110 -CLEARING AND GRlJBBING ....................................................................................14 SECTION 120 - EXCAVATION AND EMBANKMENT ................................................................. ...15 SECTION 125 -EXCAVATIONS FOR STRUCTURES........................................................................16 SECTION 160 -STABILIZING ............ ........................................................................... .......................17 SECTION 200 -LIMEROCK BASE .......................................................................................................17 SECTION 285 -OPTIONAL BASE COURSE........................................................................................17 SECTION 300 -PRIME AND TACK COATS FOR BASE COURSES................................................. 18 SECTION 330 -HOT BITUMINOUS MIXTURES - QUALITY ASSURANCE GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES......... 18 SECTION 430 - PIPE CULVERTS AND STORM SEWERS................................................................ 18 SECTION 575 - SODDING... ............... ........ ............ ....... .... ............ ........ ........ ........ ........ ....................... 19 SECTION 700 - mGHW A Y SIGNING .................................................................................................20 DMSION In MATERIALS ........ ........ ..... .. .. .. .. .. .. .... ..................... ..... .. .... .......... ...... .... .. .................... .. ..... ....... ...... 21 ..... ......... .. ....... ........ .. .... .. .............. ..... ........ ....... .... ............ .... .... .............. .. ........ .......... 21 SECTION 941 - CONCRETE PIPE .......................................................................................................21 J-1-2 L6 B4 SPECIAL PROVISIONS DIVISION I GENERAL REQUIREMENTS AND COVENANTS SECTION 1 - DEFINITIONS AND TERMS ARTICLE 1-3 Advertisemen t - Delete the definition of this term in its entirety and substitute the following in lieu thereof "Advertisement. An official Notice to Contractors stating the time and place for submission of sealed proposals on designated projects or proposed work. This notice contains a description of the proposed work, instructions to the bidder regarding proposal forms, proposal guaranty, plans, specifications, and the reservation of the right of the County to reject any or all bids." ARTICLE 1-3 to read as follows: Change Order - Change the first line and part of the second line of this definition "Change Order. A written order issued by the Engineer to the Contractor covering minor changes in the plans... " ARTICLE 1-3 following: Department - delete the definition of this term in its entirety and substitute the "Collier County Board of County Commissioners". ARTICLE 1-3 Engineer - Delete thefirstfour (4) words ofthefirst sentence and substitute the following in lieu thereof "The Transportation Administrator, Collier County, Florida, or his designee..." ARTICLE 1-3 Holidays - Delete the definition of this term in its entirety and substitute the following in lieu thereof "Holidays. Days designated by the Board of County Commissioners, Collier County, Florida" ARTICLE 1-3 Laboratory - Delete the definition of this term in its entirety and substitute the following in lieu thereof "Laboratory - The official testing laboratories of Collier County or other such laboratories as may be designated by the Engineer." ARTICLE 1-3 Secretary - Delete the definition of this term in its entirety and substitute the following in lieu thereof "1-3 Chairman. The Chairman, Board of County Commissioners, Collier County, Florida, acting directly or through either the County Manager or the Transportation Administrator." ARTICLE 1-3 State - Delete the title and provision of this article in its entirety and substitute the following in lieu thereof "1-3 County. The Board of County Commissioners, Collier County, Florida, as Owner." J-I-3 SECTION 2 - PROPOSAL REOUIREMENTS AND CONDITIONS 16 B4, ARTICLE 2-1 THRU 2-12 Delete Section 2 in its entirety and refer to "Instructions to Bidders ", Parts "B" & "C" of the Agreement. SECTION 3 - AWARD AND EXECUTION OF CONTRACT ARTICLE 3-1 THRU 3-9 Delete Section 3 in its entirety and refer to "Instructions to Bidders", Parts "B" & "C" of the Agreement. SECTION 4 - SCOPE OF WORK. ARTICLE 4-1 THRU 4-6 the Agreement. Delete Section 4 in its entirety and refer to the "Agreement", Part "D" of SECTION 5 - CONTROL OF THE WORK ARTICLE 5-1 Delete in its entirety. See Exhibit H. ARTICLE 5-2 Delete in its entirety. See Section 1.3 in Exhibit H. ARTICLE 5-3 Delete in its entirety. See Section 1.1 and Section 23 in Exhibit H. ARTICLE 5-4 Delete in its entirety. See Section 1.2 in Exhibit H. ARTICLE 5-5 thereof Delete the provision of this article in its entirety and substitute the following in lieu "The Engineer shall order changes and execute supplemental agreements as he may decide as provided for under the Sections of these specifications. The provisions of this article or elsewhere in this Contract regarding administration by the Owner or action taken pursuant thereto are not intended to and shall not relieve the Contractor of his responsibility for the management of the work either as regards sufficiency or the time of performance." Subarticle 5-7.6 lieu thereof Delete the provisions of this article in their entirety and substitute the following in "The cost of performing construction surveying and layout work as described herein shall be included in the various work items to which it is incidental. No additional payment shall be made for it. Additional construction surveying and layout work necessitated as a result of authorized increases in contract pay quantities shall be included in the affected contract unit prices. No separate payments shall be authorized by the Engineer". ARTICLE 5-8 Delete in its entirety. See Section 24 in Exhibit H. ARTICLE 5-9 Delete in its entirety. See Section 22 & 23 in Exhibit H. ARTICLE 5-10 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5-11 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5-12 Delete in its entirety. See Section 11 in Exhibit H. J-I-4 16 :B4,. ARTICLE 5-13 Delete in its entirety. See Section 11 in Exhibit H. ARTICLE 5-14 Section 5 is expanded by the following new Article: "5-14 AS-BUILT DRAWINGS AND RECORD DRAWINGS. The Contractor shall keep and maintain one (1) Contract copy of all project plans, drawings, specifications, addenda, written amendments, change orders, work directive orders, supplemental agreements, and other written interpretations and clarifications, which shall be annotated by the Contractor to show updated construction deviations as well as design changes authorized by the Engineer during construction. These final plans titled "as-built" record plans shall become the ownership of the County All work under this item shall conform to Florida Statute Chapter 472, and Chapter 61 G-17 -6005 Florida Administrative Code. The cost of preparing, maintaining, and providing "as-built" plans and documents as specified in this article shall be included in the Lump Sum Payment for Maintaining and Providing "As-Built" Plans, Contract Pay Item No. 10 1-1-1. Final payment shall not be authorized by the Engineer until such time as the Contractor submits a complete set of certified "as-builf' plans and other documents in satisfactory condition and quantity as specified in this article. SECTION 6 - CONTROL OF MATERIALS ARTICLE 6-1 Delete this article in its entirety. Subarticle 6-3.4 Delete this subarticle in its entirety. Subarticle 6-4.4 Add the following to this subarticle; "The contractor shall pay for the County's cost of all unacceptable retests which are rejected at the source of supply". Subarticle 6-5.1 Delete the last sentence of this subarticle and add the following paragraph: "Except where otherwise indicated in these specifications, the on-site project field testing of selected materials and laboratory testing of concrete and soil materials required by the Engineer shall be provided by and at the expense of the County and the Contractor shall coordinate and schedule the required testing. Also, the Contractor shall pay for the cost of all unacceptable field and laboratory tests which reveal that the materials failed to meet the requirements of these specifications. The cost of such failing tests and re-testing will be deducted from the amount due the Contractor on the fmal pay estimate. The cost per test will be the same total cost per test paid by the County. The Contractor shall notify the Engineer twenty-four (24) hours prior to the time of required testing so that the Engineer may arrange to have his representative present." Subarticle 6-5.6 Subartic/e 6-5.6 is expanded by thefollowing new sub-subarticIe: "6-5.6.1 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer, for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop drawings, catalog cuts, brochures, illustrations, erection drawings, material lists and performance data, which may be required by the specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. J-I-5 16 84. - Unless otherwise provided, not less than two (2) copies, plus those copies necessary for the Contractor's requirements, of all such drawings shall be submitted to the Engineer for review. The Contractor shall submit all such drawings to the Engineer in sufficient time to prevent delays in delivery of materials or in the progress or completion of the work. At the time of each submission, the Contractor shall, in writing, call the Engineer's attention to any intentional or known deviations that the shop drawings may have from the requirements of the contract documents. The data shown on the shop drawings shall be complete with respect to dimensions, specifications section, drawings number, date, design criteria, materials of construction and the like to enable the Engineer to review the information as required. Where called for, the Contractor shall furnish two (2) samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until each submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. Shop drawing submittals processed by the Engineer shall not be construed as change orders; the purpose of shop drawing submittals is to demonstrate to the Engineer that the Contractor understands the design concept, and that his understanding is demonstrated by indicating the equipment and material to be furnished and installed. Corrections or changes indicated by the Engineer on the shop drawings do not constitute authorization to perform extra work. The review of shop drawings and schedules shall be considered general and shall not be construed as permitting any departure from the Contract requirements. The design drawings and contract specifications shall take precedence over the shop drawings in the event of deviations, discrepancies, or conflicts, regardless of the time of discovery of the deviation, discrepancy, or conflict. One (1) complete set of all review shop drawings and samples shall be kept at the site at all times. During work specified or shown on the shop drawings, the Contractor shall make no deviation from the reviewed drawings, and the changes made thereon by the Engineer, if any. The Contractor shall, upon completion of the work, furnish to the Engineer, two (2) complete sets of prints neatly bound together, and in good condition, of all the contractor's subcontractor's and manufacturer's drawings as finally checked and reviewed by the Engineer with all modifications accepted by the Engineer subsequent thereto, showing the work as actually completed. Subarticle 6-5.10 Delete the provisions of this subarticIe in their entirety and substitute the following in lieu thereof "6-5.10 Asphaltic Concrete Mix Designs: The responsibility for costs associated with mix(es) for asphaltic concrete shall be borne by the Contractor." Subarticle 6-6.2 This subartic/e is expanded as follows: J-I-6 16 64 "For areas within the project l~its approved by the Engineer as sites suitable for storage of materials, the Contractor shall, if deemed necessary by the Engineer, design, furnish, and install "temporary positive barrier systems" in conformance with the guidelines set forth in the U.S. Department of Transportation Warrants for Temporary Positive Barriers in Highway Work Areas, latest edition. The work of designing, furnishing, installing, maintaining and removing such barriers shall be included in the Contractor's price bid for Maintenance of Traffic, Contract Pay Item No. 102-1. SECTION 7 - LEGAL REOUIREMENTS AND RESPONSffiILITY TO mE PUBLIC Subarticle 7-1.1 The following paragraph is to be added at the end of this sub-article: "The Contractor's attention is directed to the fact that the noise generated by his construction equipment and/or operations must comply with all applicable Federal, State and local environmental regulations. In the event noise sensitive sites are identified during construction, the County may direct that effective and/or additional abatement measures be utilized. The Contractor shall specifically comply with Collier County Ordinance 77-4 as amended. No additional or separate payment shall be authorized to comply with the required abatement measures contained in this ordinance. " Add thefollowing subarticle to Article 7-2: Subarticle 7-2.2.1 "7-2.2.1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT CONDITIONS: Storm Water Pollution Prevention Plan (PPP): The Owner shall be responsible for developing the PPP in accordance with the terms and conditions of the U.S. Environmental Protection Agency's NPDES General Permits for Storm Water discharges associated with Construction Activities. The Contractor, and his subcontractors, shall be responsible for implementing the best management practices and measures identified in the PPP. The Contractor, and any sub- contractor must acknowledge that he understands the terms and conditions of the EP A NPDES General Permit. The Contractor and his subcontractors shall make such certification in the attached form entitled "Contractor's Certification Pollution Prevention Plan (J-I-9)." Such certification shall be made part of this contract document. In the event there are no permits required to construct the proj ect, or the approved permits do not specifically address erosion and water pollution or they do not contain special conditions relating to erosion and water pollution, the project erosion control plan shall be governedbySubarticles 7-1.1,7-2.2,7-8.1,7-8.2, and Articles 104-1 through 104-10." ARTICLE 7-5 Delete the provisions of this article in their entirety and substitute the following in lieu thereof "7-5 Restoration of Surfaces Opened by Permit. The Owner reserves the right to allow parties other than the Contractor or its subcontractors, upon presentation of a duly authorized and satisfactory Collier County Rights-of-Way Permit, to make openings in the existing highway within the limits of construction. In all such instances, the Contractor will afford parties bearing such permits reasonable opportunity for the proper execution of the work under Permit including the right to store materials and equipment. All parties authorized to perform work within the right-of-way shall make, in an acceptable manner, all necessary repairs due to such openings J-I-7 16 84 CONTRACTOR'S CERTIFICATION POLLUTION PREVENTION PLAN Facility Identification Facility Name: Golden Gate Boulevard Intersection Improvements at Everl!lades Boulevard Project No. 60016 Owner: Collier County Board of County Commissioners Facility Location: Golden Gate Boulevard/Everl!lades Boulevard Intersection City: Naples County: Collier State: Florida Latitude 26017'28" Longitude: 81033'45" Section: 19.20.29.30 Township: 48S Range: 28E Certification Statement I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharge associated with industrial activity from the construction site identified as part of this certification. (The certification must be signed by a responsible corporate officer which means a: 1) president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation or 2) for a partnership or sole proprietorship, by a general partner or the proprietor.) For: (Type name of company) By: (Principal's Signature) (Date) Name: (Print or Type) Title: (Print or Type) Address: Telephone No: J-I-8 16 B4 and such work ordered by the Engineer shall be subject to the conditions specified in Collier County Ordinance No. 82-91." Subarticle 7-7.2 Expand this subartic/e asfollows: "The Contractor's attention is directed to the fact that it will be his responsibility to determine the means of transport of the oversize and/or overweight structural members from the site of casting of fabrication to the project site." Subarticle 7-7.3 Delete the text and substitute the following: "Where it is necessary to cross an existing County road or street, including specifically the existing and proposed travel lanes within the limits of the project, permits will be granted by the Engineer, upon the request of the Contractor, for such crossing by overloaded or oversize equipment and crossing will be permitted only at designated points. The Engineer will designate the point, or points, at which the crossing shall be made, and may require protection of the pavement at the crossing by use oflumber, planks, asphalt, fill or other materials. The Contractor will be required to provide flagging and watchman service, or approved signal devices, for the protection of traffic at all such crossings, in accordance with an approved maintenance of traffic plan to be submitted by the Contractor for such purpose." Subartic1e 7-7.5 Delete the text and substitute the following: "The Contractor shall, at Contractor's expense, hire a Professional Engineer, registered in the State of Florida, to analyze the effect of imposed loads on structures or underground facilities Resulting from the following operations: (2) a) Overloaded Equipment as defined in 7-7.2 operating on or crossing over completed structures, or completed underground facilities. operating on or crossing over partially completed structures or partially completed underground facilities. Equipment within legal load limits: operating on or crossing over partially completed structures or partially completed underground facilities. (1) a) b) A completed structure or underground facility (storm, sanitary and water pipe systems; underground utility structures, etc.) is a structure or underground facility in which all elemental components comprising the total load carrying assembly have been completed, assembled and connected in their final position. The components to be considered shall also include any related mediums transferring load to any structure or underground facility such as backfill, embankment, subgrade, base and pavement where any such structure or underground facility is situated beneath the finished surface. The Professional Engineer shall determine the effect the equipment loads have on the structure and the procedures by which the loaded equipment can be used without exceeding the load capacity for which the structure was designed. The Contractor shall submit to the Engineer for approval two (2) copies of design calculation, layout drawings and erection drawings showing how his equipment is to be used so that the structures will not be over stressed. These requirements as specified under 7-7.5 shall be prerequisite and mandatory to securing a permit for overloaded equipment as indicated in 7-7.2 and 7-7.3." ARTICLE 7-9 Add the following to this article: "The Contractor must obtain written authorization from the Engineer prior to undertaking any work associated with the use of explosives. All such operations shall be performed in compliance with Collier County Ordinance No. 73-11 and No. 82-94, as may be amended. Rock excavation shall be attempted without blasting." J-I-9 16 84 Subarticle 7-11.1 The following is added to this subarticle: "Damage to Collier County Water-Sewer District pipelines and structures shall be repaired in accordance to the Collier County Utilities Standards and Procedures Ordinance No. 97-17 and all amendments thereto. All other property damaged shall be restored to a condition similar or equal to that existing before such damage or injury was done by the Contractor, and at his own expense, or he shall make good such damage or ~ury in an acceptable manner." Subarticle 7-12.1 Delete this sub article in its entirety. See Section 13 in Exhibit H. ARTICLE 7-13 Delete this article in its entirety. See Section 13 in Exhibit H, and Exhibit B "Insurance Requirements". ARTICLE 7-14 Delete this article in its entirety. See Section 25 in Exhibit H. ARTICLE 7-16 Delete this article in its entirety. ARTICLE 7-17 lieu thereof Delete the provisions of this article in their entirety and substitute the follOWing in "Supplemental Agreements (inclusive of Change Orders) shall be authorized in accordance with purchasing policies adopted by the Owner." SECTION 8 - PROSECUTION AND PROGRESS Subarticle 8-3.1 Delete this subarticle in its entirety. Subarticle 8-3.2 Delete the provisions of this sub article in their entirety. See Section 3 in Exhibit H. Subarticle 8-3.3 In the ninth line delete the phrase "30 days" and substitute the phrase "90 days" in lieu thereof Subarticle 8-3.5 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "After the award of contract and prior to the issuance of the 'Notice to Proceed with Contract Work', a conference will be held to discuss the date for the 'Notice to Proceed' and the effective date to be contained therein, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to Contractor's project management responsibilities. Present at the conference will be the Contractor and his Subcontractors, Utility companies and the Engineer. The time and place of this conference will be set by the Engineer. The Contractor shall be represented at the conference by a person authorized to speak on behalf of the Contractor, together with all of the Contractor's supervisory personnel who will be on the project continually; and shall submit all required plans, sketches, data and other material at that time as specified in the special provisions and standard specifications. The Contractor shall submit the following minimum information to the Engineer for his review and approval on or prior to the date established for the pre-construction conference: a. Name/qualifications of the Contractor's proposed full-time superintendent. b. Name qualifications of the Contractor's representative for implementing and J-I-10 maintaining the Maintenance of Traffic plan during construction. c. Listing/qualifications of the Contractor's proposed subcontractors. d. Project Schedule. e. Maintenance of Traffic plan. f. Quality control plan per section 330-2.2 of the standard specifications. g. Typellocation of Contractor's proposed field office ifpart of the Contract. h. Name/qualifications of Contractor's registered land surveyor and/or non-registered Land surveyor. i. Name/qualifications or Contractor's safety officer. t684 Subarticle 8.3.6 Add the following new subarticle to article 8-3. "8-3.6 Progress Meetings: The Contractor shall attend regular progress meetings with and between the Owner field representatives and those of the Contractor, subcontractors, utility companies, and other parties having an interest in the Contract. The progress meetings shall be hosted by the Owner and held at locations to be mutually agreed upon by the Owner and the Contractor at two (2) week intervals, unless otherwise required by specific construction conditions. The purpose of such meetings shall include, but not be limited to, discussing all general aspects of the project and specifically addressing problem areas, schedules, progress payments, and other construction related items and issues. The Contractor is further obligated to assign a person to each progress meeting for the express purpose of taking and formally documenting the minutes of the meetings. The Contractor shall submit formal minutes of each progress meeting in typed format to the Engineer for his review and approval no later than seven (7) calendar days after the date on which each meeting was held. The Contractor and the Engineer shall sign the minutes documents prior to distribution to all attendees." Subarticle 8-4.1.1 Add the following new subarticle to article 8-4.1. "8-4.1.1 Holiday and weekend work: If work is authorized by the Engineer on holidays and weekends, the Contractor shall notify the Engineer seventy two (72) hours in advance of the time and date on which the Contractor or any of his subcontractors propose to perform work during such time periods to afford the Engineer ample time to effectively schedule his inspection personnel in accordance with the Contractor's timetable." Subarticle 8-4.2 Add the following to this subarticle: "Specific requirements pertaining to the sequence of operations for constructing the project and maintaining traffic shall be included in the Contractor's project schedule." Subarticle 8-4.4 lieu thereof Delete the first paragraph in its entirety and substitute the follOWing in "The Contractor shall schedule his work, dispose of his materials, and operate his equipment in a manner so as to not interfere with or delay the operations of other contractors engaged in work within or adjacent to the limits of construction under this Contract. Also, the Contractor shall, in accordance with the intent and spirit of the plans and specifications, coordinate and join his work to that of other contractors in the proper sequence as may be directed by the Engineer. "Other Contractors" as stated above shall mean the County, utility companies, or other general Contractors authorized by, or having separate agreements, with Collier County or the State of Florida Department of Transportation." Subarticle 8-6.3 Delete the provisions of this subartic/e in their entirety and substitute the following in lieu thereof "8-6.3 Permission to Suspend Work. The Contractor is not authorized to suspend or cease construction activities, operations, or maintenance of constructed improvements, nor remove J-l-11 16 184 equipment or materials necessary for the uninterrupted continuance of the work, unless such suspensions or cessations of work are approved by the Engineer in writing. When the Prime Contractor's operations encounter or expose any abnormal condition which may indicate the presence of a hazardous waste, toxic waste, or contaminants, such operations shall cease immediately in the vicinity of the abnormal condition and the Engineer shall be notified. The presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; or other conditions which appear abnormal may be indicators of hazardous or toxic wastes or contaminants and shall be treated with extraordinary caution. Every effort shall be made by the Contractor to minimize the spread of any contamination into uncontaminated areas. The Contractor will immediately provide for the health and safety of all workers at the job site, as well as making any provisions necessary for the health and safety of the public that may be exposed to any potentially hazardous conditions. Such provisions shall be according to any applicable laws, rules or regulation covering the hazardous conditions and will be in a manner commensurate with the gravity of the conditions. The Contractor will provide access to the area of the potential contamination. Preliminary investigation by the County will determine what course of action will be necessary for the security of the site and what steps are necessary under applicable laws, rules, and regulations for additional assessment and/or remediation work to resolve the contamination issue. The County will, as soon as possible, delineate the area(s) of contamination, any staging or holding area that may be required in conjunction with his work, and, in cooperation with the Contractor and Engineer, develop a work plan that will provide a schedule of the County's operations with projected completion dates for the final resolution of the contamination issue. Upon delineation of the contaminated areas and any staging holding areas associated therewith, the County shall maintain jurisdiction over all activities therein. The Contractor will also be responsible for providing continuous access to these areas for the County and for representatives of any regulatory or enforcement agency having jurisdiction. The aforementioned schedule shall be used by both Contractor and County as a basis for planning the completion of both work efforts. Contract time extensions may be granted by the Engineer to the Contractor according to the provisions of 8-7.3.2. It will be the responsibility of the Contractor to cooperate with the County to expedite the integration ofthe County's operations into the construction project. The Contractor will not be expected to engage in routine construction activities such as excavating, grading, or any type of soil manipulation, or in any construction processes that may be required to accommodate a construction feature if the handling of contaminated soil, surface water or ground water is involved in the process. All such routine construction activities will be by the County. Adjustments to quantities or to contract unit prices will be made according to any additions or reductions of work on the part of the Contractor in accordance with Article 9-3 and Exhibit "II" of the Agreement. Under no circumstances will the Contractor resume operations in the affected area until so directed by the Engineer." Subarticle 8-10.1 Delete this subarticle in its entirety J-I-12 16 84 SECTION 9 - MEASUREMENT AND PAYMENT Subarticle 9.5.1 Delete the third paragraph of this subartic/e and substitute the following: The Owner will determine the amount retained in accordance with the following schedule: Percentage of Contract Amount Completed Amount Retained 0% to 50% 10% of value of Contract Amount work completed 0% of value of work exceeding 50% of Contract Amount 50% to 100% Subarticle 9-5.4 Delete the first paragraph of this subarticle and substitute the following: "When the Engineer has given the Contractor a written Notice of Final Acceptance, and the Contractor has furnished to the County all submittals required by the Contract such as invoices, materials certifications, etc. (excluding Contractor's letter of acceptance of fmal amount due) and the Engineer has determined that the measurement and computation of pay quantities is correct, the retainage may be reduced to $1,000.00 plus any amount the County elects to deduct for unsatisfied claims for labor or material or for defective work as provided in 9-5.3." Subarticle 9-5.5.1 Add the following condition to the second paragraph: "(7) The Engineer will not authorize partial payments for materials stockpiled until such time as the Contractor furnishes the County evidence of legal title for the materials under consideration, free ofliens or encumbrances of any kind. In addition to the receipt of certified invoices to document the value of materials received, the Engineer may request a properly executed Affidavit or Release of Lien attesting to the purchase of such materials." Subarticle 9-5.6 Delete the first paragraph in its entirety and substitute the following: "The prime Contractor shall certify that all subcontractors having an interest in the Contract were paid for satisfactory performance of their Contracts and that the retainage is returned to subcontractors within 30 days after satisfactory completion of all the subcontractor's work and materials furnished." Subarticle 9-6.1 Add a second paragraph that states the following: "Not later than one month after the date of completion of the prqject, the Contractor shall furnish to the Engineer a certification of construction materials procured for the project by the prime and all subcontractors. This certification shall consist of a summary showing the quantity, unit of measure and kind of material, name of supplier and inclusive dates of purchase and shall include an affidavit, all to be completed on forms which are to be furnished by the Engineer or copies made therefrom." J-I-13 16 84 ARTICLE 9-8 Delete the provisions of the second paragraph in their entirety. Delete the provision of Paragraphs (f), (g) and (h) in their entirety. ARTICLE 9-9 thereof Delete the provisions of this article in their entirety and substitute the following in lieu "9-9 Payments (1) As used in this article the terms "dispute" or "pending claim" refer to a dispute or pending claim between the the Prime Contractor and the Owner. (2) The Engineer will petition the Board of County Commissioners to authorize Release of Final Payment within ninety (90) days of receipt by the Engineer of all documents which are required by the Contract from the Contractor with the exception of the Affidavit and Release of all Claims, and the receipt of a consent letter from the Contractor's Surety for release of payment of the retained percentage and final estimate to the Contractor. Should the Contractor, due to his own actions, fail to return the Affidavit and Release of all Claims and the Surety's consent to the Engineer, within sixty (60) days of the above established date, then Final Payment will be made by the Board of County Commissioners within thirty (30) days of receipt by the Engineer of said documents. Final Payment shall not be made as to any amount which is in dispute or the subject of a pending claim; and provided further, that Final Payment shall be so made as to that subject of a pending claim; and provided further, that Final Payment shall be so made as to that portion of a Contract or those amounts which are not in dispute or the subject of a pending claim. Such partial payments, however, shall not constitute any bar, admission or, estoppel, or have any effect as to those payments in dispute or the subject ofa pending claim. The Contractor will receive the Final Payment within ninety (90) days of receipt of all documents required by the Contract or within thirty (30) days after receipt of the Affidavit and Release of all Claims and the Surety's consent to the Engineer, ifauthorization for Release of final Payment is given by the Board of County Commissioners pursuant to Section 8-11. ARTICLE 9-10 thereof Delete the provisions of this article in their entirety and substitute the following in lieu "9-10 Final Affidavit and Release of all Claims by Contractor. Upon completion of the work and before the Final Payment is made, the Contractor shall execute an Affidavit and Release of All Claims in favor of the Owner in the manner and on the form as contained in the contract documents." ARTICLE 9-11 Add the following article to Section 9. "Before Final Payment will be approved, the Contractor shall furnish to the Owner a guarantee in the form as found in the contract documents" . DIVISION n CONSTRUCTION DETAILS SECTION 100 - CONSTRUCTION EQUIPMENT - GENERAL REQUIREMENTS ARTICLE 100-1 thereof Delete the provisions of this article in their entirety and substitute the following in lieu 100-1 General Unless restricted to a specific type by the Contract Documents or the Engineer, the Contractor may perform the work using equipment, tools, machinery, etc., of his own choosing. Note that facilities to be constructed under the Contract are adequate to support only their design loads in their J-I-14 16 84 completed construction stage. If the Contractor's equipment or procedures during construction damage any part of the facility, the Contractor shall replace it as directed by the Engineer at no expense to the Owner. Sub article 100-2.1 This subartic/e is expanded asfollows: The Contractor is hereby responsible to provide, operate, and maintain all equipment (motor vehicles, mechanized equipment, and marine operations) in strict conformance with Part 1926: Safety and Health Regulations for Construction of the 29 Code of Federal Regulations (29 CFR) as published by the U.S. Department of Labor, Occupational Safety and Health Administration. ARTICLE 100-4 The following new article is added. "100-4 Protection of City of Naples Raw Water Mains. 100-4.1 Contractor's Responsibility. The Contractor shall be responsible to protect the City of Naples existing 36" raw water main along Golden Gate Boulevard, and the 10" and 24" raw water mains along Everglades Boulevard. He is also required to maintain the water mains in service at all times. The Contractor shall comply with the following requirements: a) Assuring the identification of the raw water main locations at all times and during all construction activities; b) Not performing activities over the raw water mains which have the potential of damaging the water mains by placement of a heavy "point" loading on any of the raw water mains; and, c) Not performing vibratory compaction with heavy equipment exceeding an operating weight of 35,000 pounds when such equipment is working within three (3) feet (horizontal and/or vertical) of any of the raw water mains. 100-4.2 Water Main repairs. Where the Contractor damages any of the raw water mains, the Contractor without delay, shall immediately repair the damage at his expense. Approval of water main repairs shall be subject to approval of the Engineer. Where the Contractor damages any of the raw water mains and the raw water main remains out of service for periods of more than eight (8) hours, the Contractor shall be responsible for the immediate repair and shall be liable for payment of Special Liquidated Damages on a per hour basis of $300.00 per hour, for every hour or part thereof above the eight (8) hour amount. The determination of the hours in default subject to these Special Liquidated Damages shall be based on the time the raw water main is "out of service" as documented by the City of Naples to the Engineer. 100-4.3 Periodic Inspections The contractor shall allow periodic inspections of the City of Naples water main by City staff such as an inspection concurrently with and/or prior to excavating soils at the raw water mains. 100-4.4 Basis of Payment. The work and all incidental costs specified as being covered under Article 100-4 above will be paid for at the contract lump sum price for the item of Protection of City of Naples Raw Water Mains. Any additional cost in meeting these protection and maintenance responsibilities, above and beyond those responsibilities and requirements already set forth in the FDOT Standard Specifications for J-I-15 16 84 Road & Bridge Construction and other contract provisions specified elsewhere in the Contract Plans and Specifications, shall also be included in this item. Payment shall be made under: Item 100-1 - Protection of City ofN aples Raw Water Mains - lump sum." SECTION 105-CONTRACTOR QUALITY CONTROL GENERAL REQUIREMENTS Subarticle 105-5.4 The text is deleted and the following substituted: "The Contractor shall provide trained flaggers to direct traffic where one-way operation in a single lane is in effect and in other situations as required. Training of the flaggers shall be provided by an individual who is certified by the Florida Department of Transportation (FOOT) in an Advanced Maintenance of Traffic Course. FDOT approved training materials shall be used for this training." SECTION 1l0-CLEARING AND GRUBBING Subarticle 110-2.4 thereof Delete the provisions of this article and substitute the following in lieu "The Contractor shall remove and dispose of all boulders encountered within the limits of construction and which shall not be incorporated into the embankment, as specified under Section 120.: SECTION 120 - EXCAVATION AND EMBANKMENT. Subarticle 120-2.2 Delete the provisions of these sub articles in their entirety and substitute the following in lieu thereof "120-2.2 Regular Excavation. Regular excavation shall consist of the excavation and the satisfactory on-site utilization or satisfactory off-site disposal of all types of materials, including loose rock and boulders, which are encountered within designated excavation areas shown in the plans as necessary for the construction of the roadway embankment, roadway shoulders, roadway ditches, and other roadway and drainage improvements. The work of regular excavation shall include proper maintenance of excavated areas throughout the term of this Contract. If suitable materials are encountered which are not deemed acceptable by the Engineer for incorporation into the planned improvements, all quantities of such materials shall be disposed of by the Contractor at off-site locations approved by the Engineer; the payment of such work shall be made under contract pay item No. 120-1, Regular Excavation. If the actual quantity of suitable roadway excavation materials is less than specified in the proposal and plans, appropriate upward adjustments shall be authorized by the Engineer under the work of Embankment, Contract Item No. 120-6." Subarticle 120-2.2.1 Borrow Excavation. "Embankment shall consist of the excavation and satisfactory utilization of suitable material from off-site borrow pits provided by the Contractor as authorized by the Engineer. It shall only include quantities of material that are deemed suitable for construction of roadway embankments or of other work constructing embankments specified by the Contract. Appropriate downward or upward adjustments in the bid quantity of Embankment, contract pay item No. 120-6, shall be authorized by J-l-16 16 84" the Engineer if deemed necessary because of changed conditions under the work classes of excavation, subsoil excavation, or lateral ditch excavation." Subarticle 120-4.2 Add the following new paragraph to this subartic/e: "Existing suitable bituminous hot mix and surface treatment pavement materials which are not suitable for Reclaimed Asphalt Pavement may be incorporated into the twelve (12) inch thick subgrade as a stabilizing additive, subject to the provisions of Sections 160 and 914 of the Standard Specifications and approval of the Engineer. Existing pavement materials may also be used in the embankment subject to the provisions of Section 120 of the Standard Specifications." Subarticle 120-6.2 Add the following new paragraph to this subarticle: "Appropriate embankment materials shall be obtained from off-site areas furnished by the Contractor. As such, it shall be the Contractor's responsibility to secure the necessary laboratory test, rights, permits etc. to ensure compliance with these specifications and local (County) and State laws, rules, ordinances, policies and the like pertaining to borrow pits." Subarticle 120-8.2.5 Add thefollowing new subartic/e. "120-8.2.5. Placing Inside Standard Minimum Slope: All embankment material obtained from off-site borrow areas to be used for normal embankment construction inside the standard minimum slope (approximately 2 to 1) shall have a limerock bearing ration (LBR) strength of at least thirty- five (35)." Subarticle 120-14.3 Delete the provisions of this sub-article in its entirety and substitute the following in lieu thereof" "Embankment shall be measured at final position and shall also include all costs of all suitable materials for constructing the embankment." SECTION 125 - EXCAVATION FOR STRUCTURES ARTICLE 125-1 Add the following after the second to last sentence: "This section also includes the satisfactory removal of rock strata or rock boulders as may be encountered within the necessary excavation limits for bridge foundations, box culverts, pipe culverts, storm sewers, side drains, cross drains, and other similar structures indicated in the plans or listed in the frrst sentence herein, including the replacement of select fill (compacted) in areas of over-excavation." Subarticle 125-4.1 This subartic/e is expanded by the following: "The Contractor(s) performing trench excavation shall adhere to OSHA trench excavation safety standards and special shoring requirements for trench excavation, if any, of the State or other political subdivisions. Inspections required by OSHA trench excavation safety standards shall be provided by the Contractor." ARTICLE 125-13 Add the following statement: "The cost of excavating all types of materials (unclassified) including the blasting and removal of rock shall be included in the Contract pay items for structures as contained in the proposal for this prqject. Subarticle 125-14.4 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof J-I-17 1604 "The work of strengthening foundations (as provided in 125-4.2) shall not be paid for separately, but rather the costs of undertaking such work shall be included in the various Contract items requiring excavation. " Subarticle 125-14.7 Delete this subartic/e in its entirety and substitute the following in lieu thereof "When it cannot reasonably be anticipated from information contained in the plans, that material excavated for the structure will be unsuitable for use as backfill, and such material proves to be unsuitable for this use, the work of disposing of such material away from the site will be paid for by the Contractor as incidental to the structure requiring excavation, and the work of bringing in substitute material for the backfill will be paid for as specified for the particular case shown below: a) No additional payment will be made for backfill material obtained from surplus material available from the normal excavation or grading operations. b) When the necessary material is not available from the normal excavation or grading operations and no separate item for Borrow Excavation is included in the contract, any backfill material obtained by increasing the volume of excavation within the roadway right-of-way will be measured and paid for as regular excavation subject to the provisions of9-3.2.2. c) When authorization is given for obtaining the material from outside the right-of-way and from other than designated borrow areas, such excavation will be paid for as incidental to the structure requiring excavation." Subarticle 125-14.8 thereof Delete this subarticle in its entirety and substitute the follOWing in lieu "125-14.8 Pay Items: No separate payment will be made for excavating and backfilling for structures under this Section. All costs incidental thereto, including pipe bedding materials, shall be included in the contract price bid for the structure or items requiring excavation. SECTION 160 - STABILIZING SubarticJe 160-7.2.1.2 Delete all text and schedule immediately following the first schedule and substitute the following in lieu thereof "The following unsoaked bearing value requirement is based on test performed on sample obtained after mixing operations have been completed. Specified Bearing Value Unsoaked Bearing Value Required Undertolerance LBR 40 LBR 43 5.0 SECTION 200 - LIMEROCK BASE ARTICLE 200-2 Add the following to this Article. "At the Engineer's request, the Contractor shall furnish sufficient evidence, in a format deemed necessary by the Engineer, that the materials to be used in the construction of alllimerock base meets or exceeds the requirements specified in Section 911. The Engineer may require, in addition to quality assurance reports which may be submitted by the Contractor for limerock material derived from the Contractor's source of J-l-l8 l6 supply, additional tests from time to time throughout the duration of the project The Cootnlctor shall 8 4 furnish all material for such tests." Subarticle 200-6.3 Delete the provisions of this subartic/e in their entirety and substitute the following in lieu thereof ''200-6.3 Measurements. Thickness of the base shall be measured by the Engineer prior to authorizing the Contractor to begin the prime coat application, and shall be measured at intervals not exceeding 200 feet. Measurements shall be taken at any point on the cross section at each interval through holes not less than three (3) inches in diameter. The Contractor shall provide the required labor, materials and equipment necessary to undertake all core borings specified by this article. No separate payment for core borings shall be authorized; rather, the costs for such work shall be considered incidental to the contract pay items for limerock base." SECTION 285 - OPTIONAL BASE COURSE Su barticle 285-6.1 Delete the provisions of this subartic/e in their entirety and substitute the following in lieu thereof "285-6.1 Measurements: Thickness of the base shall be measured by the Engineer prior to authorizing the Contractor to begin the primes coat application, and shall be measured at intervals not exceeding 200 feet. Measurements shall be taken at any point on the cross section at each interval through holes not less than two (2) inches in diameter. The Contractor shall provide the required labor, material, and equipment necessary to undertake all core borings specified by this article. No separate payment for core borings shall be authorized; rather, the costs for such work shall be considered incidental to the contract pay items for optional base course." ARTICLE 285-7 Delete the provisions of this article in their entirety and substitute the following in lieu thereof "285-7 Calculations for Average Thickness of Base. The average thickness of the base shall be determined from borings taken by the Contractor, as specified in 285-6.1, and shall be calculated from measurements taken by the Engineer as follows: (a) When the measured thickness is greater than the design thickness as shown on the typical sections, in the plans and proposal, it shall be considered as the design thickness. (b) Any areas of base which are left in place (deficient in thickness of more than Y:z inch from the design thickness) but for which no payment is to be made, as specified in 285-6.1, shall not be taken into account in the calculations. (c) Where the material underlying the base is of such character that it is not readily distinguishable from the base material, thus making it impossible to establish the bottom of the base from core borings, the thickness of the base used in the measurement at such locations shall not exceed the specified thickness. (d) The Engineer may at his discretion, at the expense of the County, order additional core borings of base material prior to final acceptance of the project." SECTION 330: USE 2000 SPECIFICATIONS: - HOT BITUMINOUS MIXTURES QUALITY ASSURANCE -GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES J-I-19 l6 84 Subarticle 330-12.2 The text is deleted and the following substituted: "330-12.2 Longitudinal Joints. Where only a portion of the width of pavement is to be Jaid and the exposed edge opened to traffic, the edge shall not be vertical but sloped or rolled over and sealed. When the adjacent strip is constructed, the Engineer may require the edge of the mixture in place to be trimmed back where it was sloped or rolled over to expose an unsealed or granular vertical face in constructing the longitudinal joint for the adjacent-strip. Where the edge of the strip first laid is not opened to traffic, the edge shall be left joint for the adjacent strip." SECTION 331: USE 2000 SPECIFICATIONS: - TYPE S ASPHALT CONCRETE SECTION 430 - PIPE CULVERTS AND STORM SEWERS Subarticle 430-4.4 Add the following: "During the grading operations it may be necessary for heavy construction equipment to travel over an installed pipe. Unless adequate protection is provided, the pipe may be subjected to load concentrations in excess ofthe design loads. Before heavy construction equipment is permitted to cross over a pipe, a temporary earth fill should be constructed to an elevation at least three feet over the top of the pipe. The fill should be of sufficient width to prevent possible lateral displacement of the pipe." Subarticle 430-7.1.1 App/iesfor all pipes including side drains. Subarticle 430-7.1.2 Delete this sub article in its entirety. Subarticle 430-11.1 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "430-11.1. New Pipe. The quantities of storm sewer pipe, pipe culvert, cross drain pipe, side drain pipe, under drain pipe, and all similar drainage pipe materials specified in the proposal for this project shall be paid for on the basis of final measurements of accepted net lengths of the various types of pipe materials. Moreover the quantities to be paid for under this section for the various pipe types and sizes satisfactorily installed in under this section for the various pipe types and sizes satisfactorily installed in accordance with the plans are subject to amendments authorized by the Engineer; hence, the provisions of 9-3.2 are applicable. In order that the Engineer may easily field measure the net length of pipe installed by the Contractor, backfilling of pipe trenches shall be coordinated with the Engineer. Where standard lengths of pipe must be field-cut to complete each particular run of a sewer system, the cost of such work shall be considered incidental to the various Contract items for pipe culverts and storm sewers." Subarticle 430-12.9 Thefirst paragraph of the subarticle is expanded asfollows: "Upon completion of the work, and prior to full payment, all new pipe construction and existing pipes and structures that are to remain in use will be inspected by the Engineer to ensure that they are free of all debris and thoroughly cleaned. The cost of such cleaning shall be considered incidental to the various contract items for storm sewer pipes and structures listed in the proposal" J-I-20 i16 i~4 SECTION 575 - SODDING ARTICLE 575-1 thereof Delete the definition of this Article in its entirety and substitute the following in lieu "575-1 Description. The work specified in the contract calls for establishing a stand of grass, within the areas specified, by the furnishing and placing of grass sod, and rolling, fertilizing, watering, and maintaining the sodded area such as to assure a healthy stand of grass free of noxious plant material. Any plant officially listed as being noxious or undesirable by any Federal Agency, any agency of the State of Florida or Collier County Government jurisdiction in which the project is being constructed shall not be used. The Contractor shall furnish to the Engineer, prior to incorporation onto the project, a certification from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, stating that the sodding materials are free of noxious weeds. Any such noxious plant or plant part found to be delivered in the sod will be removed by the Contractor at his or her expense. ARTICLE 575-2 thereof Delete the definition of this Article in its entirety and substitute the following in lieu Article 575-2 Materials. All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices whichever is more restrictive. All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, date and time the sod was cut and loaded. Sod shall be delivered at the specified site within a twenty-four (24) hour period after field cutting and shall be laid within a forty-eight (48) hour period after field cutting. Sod being transported for a time period greater than on (1) hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a Grade other than the Premium Grade specified in this Contract shall not establish a lessor standard or relieve the Contractor from providing the Premium Grade sod as specified for the duration of the Contract period. Premium Sod is defined as meeting the following specifications: Soil Suitability: The sod must be grown in soil compatible to that in which it will be installed. Sand grown sod is turf grown on 90% natural sand. Muck grown sod is turf grown on soil containing 50% or greater amounts of organic materials by volume. Healthy and Weed Free: Each sod pad shall be insect and disease free, vigorous and have healthy green color in appearance. The sod shall be freshly mowed prior to cutting, and shall be in a healthy condition when laid. The top growth (grass blades or foliage), shall have no more than ten percent (10%) chlorosis within the top growth and contain no thatch or dead vegetation layer within each pad. Sod shall be 100% free of noxious weeds and 99% free of undesirable broad leaf weeds and grasses, but in no case shall the weeds exceed two percent (2%) of the total sod pad. Pad Size: The individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater than +/- five percent (5%). Broken or uneven ended pads will not be accepted. Pad Thickness: The thickness of the cut sod shall be to the industry's standard, but in no case shall the thickness of the soil be less than one inch (1") in depth for St. Augustine and Bahia grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain it's size and shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the pad section without tearing apart. J-I-21 16 B4 Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, loose so as not to hold it's shape, and/or hydrophobic in nature. The materials used in this work shall conform with the requirements of Division III. Specific references are as follows: (1) Sod...................................................... 981 (2) Fertilizer ... ... ... ... ................ .......... .......... 982 (3) Water ......... ... ...... ............ ... ...... ... ...... ....983 The use of dolomitic limestone will be required only when so shown in the plans or specifications. The type of fertilizer to be used and the rate of application shall be as shown in the plans or specifications. When no specific type is called for, Type I Fertilizer shall be used. SECTION 700 - mGHW A Y SIGNING Subarticle 700-2.5 The text is deleted and the following substituted: "700-2.5 Sign Background. Background sheeting and white legends, borders, and shields on all signs shall be Type Ill-A, I1I-B, or I1I-C sheeting." ARTICLE 700-12 The following new article is added "700-12 Existing Signs. The Contractor is advised that all existing ground mounted and overhead signs within the project limits shall remain the ownership of the County. All such signs shall be utilized by the Contractor for maintenance of traffic purposes throughout the period of the Contract, and shall be removed and relocated to new locations within the project limits as deemed necessary and directed by the Engineer. The cost of work specified in this article shall be included in the Contract. At the completion of the contract or at such times as may be specified by the Engineer during execution of the contract, when individual signs are determined by the Engineer as no longer serving a useful function, the Contractor shall remove, clean, protect from damage, and stockpile such signs at selected locations within the project limits. The Engineer will deduct sufficient monies from the partial monthly estimates to cover the costs of signs which are indiscriminately damaged or destroyed by the Contractor's operations." DIVISION ill MATERIALS SECTION 941: USE 2000 SPECIFICATIONS - CONCRETE PIPE (FOR CULVERT AND UNDERDRAlNS) SUBARTICLE 941-1.1 (page 876) is deleted and the following substituted: 941-1.1 General Specifications. Concrete pipe shall meet Class III design requirements as called for in the plans and the specific requirements of this Section. The process of manufacture and the details of the pipe design, including strength of concrete, will comply with the Standard Operating Procedure for the inspection of Precast Drainage Products. SUBARTICLE 941-1.2 (Page 876) is deleted and the following substituted. J-I-22 16 B4 941-1.2 Specific Requirements. 941-1.2.1 Steel Reinforced Concrete Pipe. Meet ASTM C 76[ASTM C 76M] and the modifications to ASTM C 76 [ASTM C 76M] set forth in 941-1.3. For Special Designs meet the requirements of ASTM C 655 [ASTM C655]. Pipe designated Class S, will meet the requirements for ASTM C655 [ASTM C655] and the 0.01 inch [0.03 mm] crack and ultimate D -loads given on the Roadway and Traffic Design Standards, Index 205. Such pipe shall be properly marked. 941-1.2.2 Non-Reinforced Concrete Pipe: Meet ASTM C 985 [ASTM C 985M] and the ultimate D - loads given on the Design Standards, Index 205 with the following exception: Modify material requirements set forth in ASTM C 985 [ASTM C 985M] with the material requirements set forth in 941- 1.3(a). Such pipe shall be properly marked. 941-1.2.3 Fiber Reinforced Concrete Pipe. Meet ASTM C 1450 and the modification to ASTM 1450 set forth in 941-1.7. Such pipe shall be properly marked. SUBARTICLE 941-1.5 (Page 877) is deleted and the following substituted: 941-1.5 Special Requirements for Pipe Joints when Rubber Gaskets are to be Used. SUBARTICLE 941-1.5.1 (page 877) is deleted and the following substituted: 941-1.5.1 General. When rubber gaskets are to be installed in the pipe joint, the gasket shall be the sole element relied on to maintain a tight joint. Test pipe joints at the plant hydrostatically using test methods in ASTM C-433. Soil tight joints must be watertight to 2 psi [13.8 kPa). Watertight joints must be watertight to 5 psi [34.5 kPa] unless a higher pressure rating is required in the plans. ARTICLE 941-1 (pages 876-878) is expanded by the following new Subarticle: 941-1.7 Modifications to ASTM C 1450: Modify the provisions of ASTM C 1450 with the following: Material requirements shall meet requirements set forth in 941-1.3(a). In addition, fiber reinforced concrete pipe shall be designated Class S, Class I, Class II, Class III and Class IV. The corresponding strength requirements are given in the following table: Mmunum Lonf!-Term SeTVlce D-Lo Pipe Class D Load D Load N/mJmm Lb/ftJft S 30 600 I 40 800 II 50 1000 III 65 1350 IV 100 2000 ad The manufacturer shall provide the relationship between short-term crush loads required to achieve 100-year long-term design loads. In addition, the manufacturer shall provide the relationship between the saturated and dry crush loads. The minimum dry crush load shall not be less than a factor of 2 times the long-term service load. The short term crush load shall be determined as required in Section 10.2 of ASTMC 1450 except the specimen shall be tested by the appropriate section of ASTM C 497, External Load Crushing Strength by the Three-Edge Bearing Test Method. Expand Section 5.1 of ASTM C 1450 with the following: The manufacturer shall state the type of fiber used in the pipe and provide the Department with documented evidence that the fibers employed are compatIble with other materials of manufacture. The pipe manufacturer will establish quality control assurance procedures to ensure that the fibers used in the manufacture of the pipe are of consistent composition and quality. The assurance procedures will be subject to the approval of the Department. Expand Section 6 of ASTM C 1450 with the following: The manufacturer shall state the minimum wall dimensions of the pipe that complies with the minimum crush loads presented in the table above. J-I-23 ---~-,,--_.._-,-"",._-,...,_.,....._._-~..__."_.__._'_-.'"'.~,.,."."-,-~._".,.,,..._,_.",...- .-. ~..",,--,-- L6 B4 In lieu of Section 6.2 of ASTM C 1450 meet the following: The under run in length of a section of pipe shall not be more than 1/8 in/ft [10 mm/m] with a maximum ofY2 inch [12.7mm] in any single pipe. In lieu of Section 6.3 of ASTM C 1450 meet the following: The average inside diameter shall not be less than the nominal size by more that 0.25 inch [6 mm] or 1.5% of the nominal size, whichever is the greater value. In lieu of Section 7.1 of ASTM C 1450 meet the following: All material tested under this Specification shall be tested in the saturated condition after immersion in water at an ambient temperature above 418F [58C] for a period of21 to 28 days immediately prior to testing. In lieu of Section 8 of ASTM C 1450 meet the following: Each length of pipe shall be provided with a joint for the purpose of maintaining alignment and to ensure a close joint. Joints shall be of a design and the ends of the pipe sections are laid together they will make a continuous line of pipe with a smooth interior free of appreciable irregularities and compatible with the tolerances in Section 6. J.I-24 16 B4 EXHIBIT K PERMITS Per SFWMD. this proiect would fall under a No-Notice General Permit TR-CA-K-1 EXHIBITL 16 84 PLANS AND SPECIFICATIONS PREPARED BY TE&CM Department AND IDENTIFIED AS FOLLOWS: AS SHOWN ON SHEETS 1 THROUGH 18. TR-CA-L-1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING sltP6 8 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I- THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's sil!l1ature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. -~--,-----,-,------'--'-'~-.--- n_._..__ ____m__.______ .____. u'___ _._______ .-.-- ---.-----.-.-.--.-.- - .---. .--.-.- - ~. .". -- ...-. - .' 2. .--.' -~ .- - .- .- - 3. -- --===--=~=~~~_... ._0_ _"H~ -------"---_.._~ . __._._.~_______ ......__._ ___...._._.._..___._.._.___.__.__~__..___..w_ "._ ._-------- ---- -------.--- 4. Ellen T. Chadwell Assistant County Attorney 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Robert Bosch Phone Number 213-5805 Contact Agenda Date Item was April 26, 2005 Agenda Item Number 16B6 Approved by the BCC Type of Document Agreement Number of Original One Attached , Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bec's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on April 26, 2005 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) 2. 3. 4. 5. 6. NfA -(7 .() .1/ -0 .~y fs 1: Formsl County Forms/ BCC Forms/ Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2,24.05 16 B6 ...r, - MEMORANDUM Date: May 2, 2005 To: Robert Bosch Right-of- Way Acquisition Specialist Transportation Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Annual Agreement with Midwest Title Guarantee Company of Florida, LLC Enclosed please find one (1) copy of the document referenced above, Agenda Item #16B6, approved by the Board of County Commissioners on Tuesday, April 26, 2005. The original document is on file in the Minutes and Records Department. If you have any questions, please call me at 744-8411 Thank you. Enclosures (1) 1686 . MEMORANDUM Date: May 2, 2005 To: Ellen Chadwell Office of the County Attorney From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Annual Agreement with Midwest Title Guarantee Company of Florida, LLC Enclosed please find one copy of the document, as referenced above, (Agenda Item #16B6) approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please contact me at 774-8411 Thank you. Linda Houtzer Enclosure ANNUAL AGREEMENT FOR TITLE COMMITMENTS AND FOR REAL ESTATE CLOSING SERVIC~S ('""\ I THIS AGREEMENT, entered into this r..'J. 1St) day of ll../, , , 2005 is by and between COLLIER COUNTY, a political subdivision of the Stat of Florida (hereinafter) referred to as "County"), and MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA, LLC, a Florida limited liability company, whose business address is 3936 N. Tamiami Trail, Naples, Florida 34103 (herein referred to as "Company"). 16 B6~~ A . WITNESSETH: In consideration of the mutual promises contained herein, County and Company hereby agree as follows: 1. SCOPE OF WORK - The Company shall provide title commitments to the County in accordance with the Specifications set forth in Bid No. 05-3805 "Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services", attached hereto as Exhibit "A" and incorporated herein by reference. 2. NOTICE TO PROCEED - The Company shall not begin work on any assignment unless the County has issued a Notice to Proceed with that particular assignment. Notices to Proceed with all new assignments shall be in writing. Facsimile transmissions and e-mails shall be deemed to fulfill this requirement. Requests for updates and endorsements may be made verbally. 3. INVOICING - Company shall submit a separate invoice for services rendered (or for commitments issued or for policy premiums due) along with each billable work product delivered to the County. Each Invoice must contain the County Project and Parcel Number in addition to the Title Commitment, or Title Policy Number. The Company's invoices must comply with the fees and rates as set forth on the "Contract Proposal" attached hereto as Exhibit "B" and incorporated herein. 4. PAYMENTS - The County shall make payments to the Company within thirty (30) days of receipt of invoice, unless the County exercises the provisions of this Agreement governing Completion/Correction of Assignments (Paragraph 9 below). a. PARTIAL PAYMENT - County will make partial payment of Closing Service fees in those instances where the Title Company has prepared all or some of the required closing documents, but for one reason or another, and through no fault of the Title Company, it is not possible, or it is not in the County's best interest, to close the transaction. The percentage of the fee paid will be negotiated based upon the amount of work performed by the Title Company on the subject parcel. 5. TERMINATION OF AGREEMENT - Should the Contractor be found to have failed to perform their services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause. The County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be the sole judge of non- performance. a. SUSPENSION OF CLOSING SERVICES - County reserves the right to terminate Closing Service on a parcel by parcel basis, without cause. In this event the County will make partial payment when the Company has commenced the preparation of the closing documents as part of the closing services to be provided. Payment will be based on a percentage of the total closing services completed by the Company. 6. AGREEMENT RENEWALS - This contract will commence on the date of award by the Board of County Commissioners. The initial contract term shall be for a period of two (2) years. The County retains the right to renew this Agreement, with the consent of the vendor, for two (2) additional one (1) year periods. Annual Agreement for Title Commitments & Closing Services L6a6 110 7. QUALITY REVIEW - Determination and judgment as to the quality/acceptability of the services provided by the Company shall be the sole province and responsibility of the County. 8. LIQUIDATED DAMAGES - Inasmuch as County's purpose for soliciting bids, and entering into a contract for the performance of Real Estate Closing Services, is to free staff from such responsibilities, and allow staff more time to focus on purchase negotiations, and inasmuch as errors and omissions by Company will require County's staff to expend valuable time obtaining corrections from Company, which staff time and its consequences of delay cannot otherwise be recovered per Paragraph 9 below, County and Company agree that liquidated damages equivalent to five percent (5%) of the closing service fee may be deducted from Company's invoice for services to account for the damages caused by Company's submission of closing documents containing errors and omissions. a. The parties acknowledge that the County's actual damages are an uncertain amount and difficult to ascertain, and that the amount of liquid damages set forth above was determined by mutual agreement between the parties to be reasonable, and said sum is not intended to be a penalty in nature. The parties acknowledge that the remedies described herein 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. 9. COMPLETION/CORRECTION OF ASSIGNMENTS - Should the Company fail to commence, provide, perform or complete any assignments or services to be provided hereunder in a timely manner, in addition to any other rights or remedies that are available to the County hereunder, the County at its sole discretion or option may do any of the following: a. Withhold any and all payments due and owing to the Company until such time that the Company has either completed the assignment or revised or corrected the work product to the satisfaction of the County. b. In the event the County has already paid for the work product or services, the County may have the assignment or product corrected by another title company and charge and recover from the Company the cost of these services. These costs may be offset against future or outstanding invoices from the Company. c. In the event the County has already paid for work product or services, the County may utilize County staff to complete the assignment or revise/correct the work product. In this instance, the County may impose liquidated damages pursuant to Paragraph 8 of this Agreement in the amount of 5% of the services fees charged by the Company, and may charge the Company directly for this amount or offset the liquidated damages against future or outstanding invoices by the Company. 10. UNLAWFUL SOLICITATION - The Company warrants that no part of the fees or premiums set forth in the Contract Proposal shall be paid directly or indirectly to any office or employee of the County as wages, compensation, or gifts in exchange for acting as office agent, employee, subcontractor or consultant to the Company in connection with any work contemplated or performed in connection with this Agreement. 11. ASSIGNMENT PROHIBITED - The Company warrants that there shall be no assignment of any part of this Agreement without the written consent of the County. Annual Agreement for Title Commitments & Closing Services lQB6 ;0 12. WORKERS' COMPENSATION INSURANCE - The Company shall maintain Workers' Compensation insurance adequate to cover all of its employees to the limits required by applicable state and federal laws. 13. GENERAL LIABILITY INSURANCE - The Company shall maintain during the term of this Agreement comprehensive commercial general liability coverage, including bodily injury and property damage, in an amount not less than the $300,000 combined single limits. The County shall be named as an "additional insured' on said policy; and the Company shall provide the County with an insurance certificate wherein the Certificate Holder as additional insured shall read as follows: "Collier County Board of County Commissioners, Naples FL." 14. INDEMNIFICATION - The Company shall indemnify, hold harmless and defend the County, and County's agents and employees, from all suits and actions, including attorneys' fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by the Company, and/or the Company's agents and employees. 15. MODIFICATION OF AGREEMENT - This Agreement may be modified only by written amendment executed by both the County and Company hereto. 16. NON-DISCRIMINATION - No person, on the grounds of handicap, race, color, religion, sex or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the performance of this Agreement, or in the employment practices of the Company. The Company shall, upon request, show proof of such non-discrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. 17. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida; and this written Agreement, including all exhibits hereto, constitutes the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous, written or oral agreements, provisions, conditions, or premises other than those so stated above. 18. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: As to the County: As to the Company: ~ D_.fu A. Ml1 ~f' (print or ty person's name) 3936 N. Tamiami Trail Naples, FL 34103 TECM - Right-of-Way Office 2885 South Horseshoe Drive Naples, FL 34104 19. TIME IS OF THE ESSENCE when providing Closing Services. Annual Agreement for Title Commitments & Closing Services 16S6 .~ ., . IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives the day and year first above written. AS TO THE COUNTY: ATTEST: . ".''7' '" ...,~ . 1.'."; '."":11 .:: 'j.y" ./~:(,;f DWIGHT:e:'SRO'CK, :etERK '. i"' .... \.......~{;;. . .- . ",-'. Q. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: ~W. C~ Fred W. oyle, Chairman - ,~ .. ~< . Wltn SS(Signa.tur~ Name: & {\Q..-- (l.~. ..{ C (pri or type) ~W~ Witness (sig ature) Name: rfE' N ~~ 'u.J \ L.. ~O IV (print or typ ) MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA, LLC, a rida limited liability company f By: ;A~ Approved as to form and legal sufficiency: & r--J rL~ ./Ellen T. Chadwell Assistant County Attorney r:-"'-.---l Item # 1/0_ ~ .. bgenda '-I-l' .' # Date __ ~ ..=:5 ',:\~te t-f. z q. 0.5 ~r"C~'d . ...--...--.- " '. .~.' ; [' ~I!ty Cler .. . . i .-..,." ~.. "- '. ., -1 Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1 686 d"" SPECIFICATIONS Jl. These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to Preparation and Delivery of Title Commitments, issuance of Title Policies, and Real Estate Closing Services. It is the intent of the County to award this bid to multiple vendors. Title Commitments and Title Policies: Unlike the manner in which title commitments are normally ordered, Collier County (County) usually does not find the property it needs already listed for sale by its current owner. For each major land rights acquisition project (utility mains, roadway expansions, etc.) the County must contact the record title holders of the property and inform them as to how much of their property is sought for the construction of the contemplated improvements. Step One in the County's acquisition process is the preparation of legal descriptions of parcels of land or easements which the engineers and surveyors have determined are necessary in order to construct the proposed improvements. Once the acquisition department receives these legal descriptions, copies are supplied to the real estate appraiser(s) selected for the project; and at the same time, they are supplied to the title company(s) selected for the project. For this reason, the dollar value of the property is not yet known at the time the commitment order is placed. Proposed policy values, therefore, are usually "T8D" (To Be Determined). In addition, the County rarely purchases all or portions of subdivided lots in platted subdivisions. The County's land rights acquisitions are usually made along the borders of raw acreage properties. The greatest volume of work will be in support of roadway expansion projects, where strips of land from the frontage of properties must be acquired to expand the right-of-way corridor. Also, because these "strip takings" are not already listed for sale, our purchase negotiations take far longer than the average real estate transaction. It can often be ten (10) or twelve (12) months, or longer, between the time that the County first places an order for a title commitment, and the time that the County closes on the purchase of the property and orders a title policy. Because the County must order its title commitments in advance of reaching an agreement in order to ensure the County is, in fact, negotiating with the persons and/or companies with the lawful authority to sell, the County does not know at that time whether or not the COlmty will be able to close the transaction. When the asking price of the property simply cannot be justified in the public interest, the County may change the design and consider locating its improvements elsewhere. When this happens, or when the County condemns property, there will be no order for a title policy. Condemnation also becomes inevitable when the project schedule does not allow enough time to resolve a complex title problem, such as the need for an estate to go through probate before the land can be disposed of through a typical real estate A closing. EXHIBIT Page 1 of g . Bid No. 05-3805 - "Aoou.1 A"",",,", fo, P"pornlioo & O,';very ofTm, ",d fo, R"t E"", CI",'og Sm""" 1 6 B 6 .. , , .:d . ~1 Another recent development that causes a greater percentage of parcels to be condemned than in years past, was the creation of Section 73.015, Florida Statutes, entitled "Presuit Negotiations." This new legislation places a statutory requirement upon the County to notify property owners that, in most cases, the condemning authority will pay for their attorney fees, and for the fees charged by all the expert witnesses employed to support a property owner's case. Lately, the County has also experienced a significant increase in property owner solicitations by both attorneys and appraisers, seeking authority to represent the owners in negotiations with the County. Depending upon the acceptance of the project by the affected community, or the amount of time allocated for negotiations, the County may close on a greater or lesser percentage of the parcels required for the project. It is conceivable that the County may have to condemn up to 75% of the parcels. Should this be the case, policies would only be ordered on 25% of the parcels. While the County occasionally requires a title commitment on a single property, more than likely, the County will be involved in a major public works project which affects many properties at the same time. For this reason, title commitments are often ordered in numbers (sometimes as many as twenty (20) to forty (40) at once). This is why the specifications for Preparation and Delivery of Title Commitments address the staggered delivery of title commitments where large numbers are ordered at once. Real Estate Closinq Services: Collier County desires to receive fixed-rate bids on the actual preparation of the legal instruments necessary to comply with the Schedule B-1 "Requirements" portion of the title commitment, and for those services required to obtain the proper execution of all necessary instruments, including, but not limited to: conveyance instruments, releases, subordinations, and affidavits, as well as the requests for estoppels, special assessments and tax prorations, and the preparation of closing statements required to close the real estate transaction and issue the title policy. (Note: as described in greater detail on page 10, the County usually requires privately held easements to be subordinated to the interest sought by the County, as opposed to accepting title "subject to" such easements.) The actual offer letters and official notices would be sent to the property owners by County staff; all negotiations would be conducted by County staff; and the preparation of all purchase agreements or easement agreements would be drafted by County staff. Upon the bilateral execution of a purchase agreement or easement agreement by the owner and County, the County may request the Title Company to close the transaction, rather than have staff prepare the closing documents and conduct the closing. The option to close "in-house" rather than ordering closing services from the Title Company resides with the County. EXHIBIT Page 1 A of g Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1 6 B 6 '11 a. Title Commitment Preparation 1. Title Commitments are to be prepared as follows: a. Schedule "A" must identify the specific interest in real property to be acquired by the County, the current record title holder of the fee simple interest in said real property, and the exact manner in which said title is currently held; b. Schedule "B-1 n must list only the requirements which must be fulfilled in the event a title policy is to be purchased. Requirements should be listed in reverse chronological order of the date of their filing in the public records, beginning with the particular instrument which must be executed by the current title holder in order to vest that particular real property interest with the County; and c. Schedule "B-2" must list only those easements and other restrictions to which any title policy would be subject (see Paragraph 3). These must be listed in reverse chronological order of the date of their filing in the public records. 2. In addition to the title commitments issued pending a fee simple acquisition, Company shall provide title commitments for easement acquisition, and shall NOT, in such cases, require the execution of a warranty deed, but shall instead itemize as a requirement the recording of an easement for the purpose(s) specified in the County's NOTICE TO PROCEED. 3. The County will either request the company to issue a title commitment for the parent tract, or for only the area of the legal description provided, and not for the entire parent tract, which request will accompany the NOTICE TO PROCEED. 4. At the request of County, Company shall issue an endorsement or update of a title commitment; and upon County's compliance with the requirements as set forth in Schedule "B-1" and payment of the risk premium at the contract rate, Company shall issue County a title policy for the level of coverage equivalent to the value of the interest in real property sought by the County. 5. "Owner's Amount" (property value) shall state, "TO BE DETERMINED" upon the initial issuance of the title commitment. Unlike typical real estate purchasers, the County often seeks title information long before the valuation of the interest to be acquired is complete. 6. In addition to the terms and conditions governing invoicing contained in Paragraph 3 of the Annual Agreement for Title Commitments, all invoices, bills and/or statements must specify the exact service performed, Le., issuance of title commitment, issuance of title policy, etc. Invoices for title insurance premiums must be submitted with delivery of the title insurance policy. All invoices submitted for payment must be on Company letterhead and/or list Company as "payee". Invoices from entities other than the Company under annual contract with the County shall not be paid. 7. County shall pay no penalty, fee or other charge for failure to order a title policy. In such instances, payments made by the County for title commitments and updated EXHIBIT t1 Page "] of S' Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1 6 B 6 search reports shall be payment in full for title services rendered by Company . related to the subject real estate. 8. Title commitments and updated search reports shall include as attachments, at no extra cost, leqible copies of all state and federal tax liens, ad valorem tax deficiencies, mechanic's and materialmen's liens, mortgages and financing statements, judgements, lis pendens, contracts for deed, recorded leases, easements and any and all covenants and restrictions of record affecting the real property sought by the County. 9. Where the portion of property sought by the County is part of the common elements of any homeowner's association, property owner's association or civic association, Company shall include with the title commitment a copy of all recorded instruments pertinent to said association, including but not limited to, declarations or protective covenants and restrictions, articles of incorporation, and corporate by-laws. Where the portion of the real property sought by County is part of the common elements of a condominium, Company shall include with the title commitment a copy of the declaration of condominium, articles of incorporation, corporate by-laws, and any amendments thereto. Copies of instruments should be attached to the title commitment in the same reverse chronological order as listed in Schedules "B-1" and "B-2". After the copy of the instrument that evidences the current record title holder, there should be attached in reverse chronological order copies of all those instruments listed in Schedule "B-1" and "B-2" regardless of whether reference is made to the instrument (OR Book and Page) in either Requirements (B-1) or Exceptions (B-2). NOTE: This is a slight change in procedure from the previous Specification. 10. Delivery of the title commitments shall be in accordance with the schedule below, where "delivery schedule" constitutes the total number of business days lapsing between issuance of Notice to Proceed by County and delivery by company of completed title commitments. Number of Title Commitments Ordered Delivery Schedule ** 1 to 3 4 to 6 7 to 12 13 to 25 Over 25 Update 6 Business Days 10 Business Days 15 Business Days 20 Business Days To be negotiated 6 Business Days **This delivery schedule shall govern unless an alternate schedule is submitted with Bid. 11. Company shall NOT require a certified survey as a pre-condition to issuance of a title policy. EXHIBIT It Page 4- _of ~ Bid No. 05-3805 . "Annual Agreement f~~ P~eparation & Delivery of Title and for Real Estate Closing Services" 1686 12. Certificates of Good Standing from the office of the Secretary of State shall be listed as exceptions, and. NOT as requirements. County shall provide a copy of the Corporate Detail Record showing current corporate status, along with the Directors/Officers of the corporation from the Florida Department of State, Division of Corporations web site~ 13. The recording of corporate resolutions in the public records shall NOT be listed as a requirement. 14. Schedule B-1, Requirements, may call for an Amended Notice of Commencement but shall not require that the Notice of Commencement be terminated. 15. Company shall provide the Property Appraiser's folio number for the parent tract from which County seeks an interest in real property. Ad Valorem taxes, both current and delinquent, if any, shall be itemized in the title commitment. 16. Initial orders for title commitments shall be in writing either on County letterhead, e- mail, or fax transmittal, and must include the name of the County employee placing the order. Updates and endorsements may be ordered by phone. Quantities: The quantities listed in the Contract Proposal are approximate and are for the purpose of bid evaluation. The County reserves the right to order such quantities as may be required during said period, but does not guarantee any minimum or maximum to be ordered during the period specified. A purchase order and a Notice to Proceed will be issued for each project. Real Estate ClosinQ Services: Again, upon the bilateral execution of a Purchase Agreement, Easement Agreement, or Agreement for Sale and Purchase by the owner and County, the County may request the Title Company to close the transaction, undertaking all tasks necessary to satisfy the requirements for title insurance. Should the County request the Title Company to close the transaction, the Title Company will prepare all closing documents. The Title Company will be provided electronic copies in Microsoft WORD format of the County's format instruments which have been approved by the Office of the County Attorney; including but not limited to: Deeds, Easements (of various types), all sorts of Affidavits, (GAP, Owner's and Non- Foreign, Public Disclosure, Trustee, Corporation and/or Partnership Affidavits, etc.), W- 9 Forms, Partial Releases, Subordinations and/or Satisfactions of Mortgage, Waivers of' Interest and Proceeds, Amended Notices of Commencement, Subordinations of Encumbrance (various), and any other instruments required to clear title. In addition, and unlike typical real estate transactions, Collier County does not take title to property subject to utility easements. Instead, we require Florida Power and Light Company, Sprint, and the various cable companies, as well as private easement holders, to subordinate their interests to that of Collier County through the execution of Utility and Easement Subordinations. As for the corporate utility easements, County staff prepares blanket, project-wide Subordination of Utility Interests documents for each company. As for any privately held easements, however, the County will look to the title company to prepare for execution the appropriate Subordination of Encumbrance document. With the exception of warranty deeds meeting the statutory requirements EXHIBIT It Page S- of ~ Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 for same, the Title Company must use the County-approved closing format documents. The Title Company may use its own Closing Statement or a HUD-1 Form. . While the Agreement will generally dictate the latest possible date to close the transaction, there is some flexibility in scheduling the closing date, and the County always reserves the right to postpone closings. The Title Company shall discuss potential closing dates and a closing schedule with the County representative before one is decided on. Due to project time constraints, any postponement of a closing date must be approved in writing by the County representative. The Title Company shall provide County with draft copies of all closing documents for pre-approval a minimum of forty (40) days prior to a scheduled closing date. The County is hiring the Title Company to conduct closings in order to focus staff time on negotiations with property owners. It would be counter-productive for staff to spend valuable time reviewing closing documents containing errors, and then re-reviewing corrected closing documents. For this reason, the County reserves the right to consider the quality of a Title Company's document preparation in the selection of companies for future work assignments. The Title Company shall provide County with closing statements executed by the property owner(s) a minimum of twenty (20) days prior to the closing date. Rather than making payment to the Title Company via County Warrant, the County may elect to wire funds directly into the Title Company's escrow account prior to closing. The Title Company must provide the County with its Tax \.0. number and account wiring instructions with its bid. The amount of the wire transfer will equal all disbursements to be made by the Title Company including, but not limited to, proceeds to sellers (property owners), attorney fees, expert witness fees, documentary stamp taxes, special assessments, ad valorem real estate taxes due from seller, and recording fees. Companies conducting real estate closing services for the County shall record the appropriate documents in the public records, and issue the title policies with the submission of the invoice for services and for the payment of policy premiums. County reserves the right to terminate closing services on a parcel by parcel basis. Partial payment will be made for all services on a percentage of completion basis. Temporary Construction Easements (TCEs): Often the County's contractor must temporarily enter onto private property (beyond the existing or even proposed right-of- way) in order to construct improvements IN the existing or proposed right-of-way. Rarely will the County seek subordinations from mortgagees or other interest-holders for temporary construction easements. In those instances where subordinations or releases will be necessary, County will so indicate in writing as part of its Notice To Proceed. Only when the effect of the temporary easement will be the destruction of expensive landscaping, or other site improvements, might the County seek the Subordination, Consent and Joinder of Easement from those holding a security interest in the property. (While property owners are compensated in an amount equivalent to the cost to replace the damaged improvements, there is no requirement that the EXHIBIT A Page 6 of &' -". ...,-,-- Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 141:1 & compensation be used for that purpose and, absent the replacement of th I~ S 9 . damaged improvements, the value of the security interest may be diminished.) TCEs may be acquired in conjunction with another permanent parcel acquisition from the same parent tract, or they may be acquired as "stand-alone" parcels where no other interest is being sought by the County. Collier County will NOT order title policies for TeEs. However, Collier County WILL pay the Title Company the contract rate for Closing Services for closing a "stand-alone" TCE, regardless of the value of the TCE. Conversely, if a TCE is being acquired along WITH another permanent parcel from the same parent tract (same property - same owner) then the Title Company must prepare, and obtain the owner's execution of, the TCE; and shall record the TCE in the public records, along with the rest of the closing documents, and shall do so as part of the Closing Services being provided for the permanent parcel acquisition. In this instance the title Company's fee for this extra service shall be 10% of Company's Real Estate Closing Services fee for the permanent parcel from the same parent tract. Temporary Drivewav Restoration Easements (TDREs): The provisions (above) applicable to TCEs shall apply also to TDREs. Waiver and Release Services: Frequently, the project schedule for starting construction requires the County to file an eminent domain lawsuit against a property owner with whom we have reached an agreement, but with whom we cannot close until some "loose end" is tied up (like securing a satisfaction from a judgment creditor). When this happens, any and all tenants are named as defendants in the lawsuit and are served. In this instance we need to obtain Waivers of Interest and Proceeds or Waivers of Claim from each tenant before we can close. The County is seeking bids from Title Companies to obtain the execution of these Waivers. Bids should be in the form of a flat rate per Waiver in the space provided on the enclosed Contract Proposal. It is not required that a company bid on Waiver and Release Services in order to be considered for annual contract. Whether a Title Company does, or does not, bid on the Waiver and Release Services will have no effect on the selection of that Company. Partial Payments for Services Rendered: County will make partial payment of Closing Service fees in those instances where the Title Company has prepared all or some of the required closing documents, but for one reason or another, and through no fault of the Title Company, it is not possible, or it is not in the County's best interest, to close the transaction. The percentage of the fee paid will be negotiated based upon the amount of work performed by the Title Company on the subject parcel. Award: The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of bid shall be made to the lowest, qualified and responsive bidder(s). The County reserves the right to award this contract through an approach which best serves the interests of the county; Le., to a single vendor, multiple vendors, EXHI'BIT A Page. i, ,.of.;: g Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1 6 B 6 or by a primary/secondary vendor basis, or on a category-by-category basis. Firms may offer proposals on title commitment services and/or real estate closing services. :IIi Term of Contract: This contract will commence on the date of award by the Board of County Commissioners, and be in effect for two (2) years. Contract Renewal: The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for two (2) additional one- year periods, provided, however, that the title insurance premium rates will increase on a dollar-for-dollar basis, with any increase in the "promulgated rate" made by the Florida Legislature, or the Florida Insurance Commission Insurance: Since these conditions include insurance requirements, it should be noted by the bidder that in order to meet the County's requirement there might be additional insurance costs to the bidder's firm. It is therefore imperative that the bidder discusses these requirements with the bidder's agent; as noted on the Insurance Requirements pages, so that the bidder can make allowance for any additional costs. Special Note: Collier County Government is a member of the SW Florida Purchasing Consortium. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this publicized request constitutes a bid made under the same conditions, for the same contract price, to the other members of the said Consortium. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. Prohibition of Gifts to County Emplovees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, and County Administrative Procedure 5311 and 5311.1. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. EXHIBIT Page g A of 8 - Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" ':686: . CONTRACT PROPOSAL Board of County Commissioners Collier County Government Center Naples, Florida 34112 '\-H~ Co . 'L \(fCUl ill 7''1':;' '"""\ \.. . DUE EXHIBIT Psg.. e I . - w. B of 2. RE: BID No 05-3805 -- "Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to furnishing preparation and delivery of title commitment services and real estate closing services per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in complete accordance with the attache~specifications, according to the following unit prices: .. - Title Commitment (Includes Search & Examination Fees) $ ~'15i'OO (flat rate) \ DO .00 (flat rate) Update of Commitment (Endorsement to Initial Commitment) $ Risk Premiums for Title Insurance (Over & above minimum $100 rate set forth in law) $ 0 to $ 100,000 real property value $ ~,'1~ 1$1,000 $ s: 00 1$1,000 $ ~ . SO 1$1,000 $ :;), J.~ 1$1,000 $ t:2,O 0 1$1,000 $ '356 . DOper Parcel $ 15.. D () per Waiver $ 100,001 to $ 1,000,000 real property value $1,000,001 to $ 5,000,000 real property value $5,000,001 to $10,000,000 real property value Over $10,000,000 real property value Real Estate Closing Services Waiver and Release Services Recording Fees (to be added to invoice as a Separate item) $ \ 3", ~ 0 each Bid No. C->3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" '~~6 B6~1 .. PROPOSAL CONTINUED Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net ~ Days Addenda received (if applicable): #1 #2 #3 The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. . '~1" ~$ITN~S WHEREOF, WE have hereunto, subscribed our names on.Jl1is 1.lt[fV day of .at. . . 2005 in the County of C~~(&L.. lin the Stale of tj~_~.Y .. . . . . . ffi\dV lIttt. ~C{)~~~ ofrloidt,L1..C- Firm's Complete Legal Name ~ Check one of the following: o ~ D D General Partnership Phone No. J ~- Jj; d.- ~ ;;;:L \ lp ~ FAX No. J.~C{- .;)JptA '-I 00+ 29i3 (0 C\ .~'IOf\\l wY\l'Tfa ~ \ Address ~\~~l ~ ~~\D~ City, State, . IP BY: / 1/ v -/ and rltte Sole Proprietorship , . C- corpora~~r P.Ap'f L-L State of:/"{Ona ct Limited Partnership HIBIT B Page 2. of 2. J7 .... _~."'.. - NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your proposal pages. Division of Corporations Page 1 of2 1686 .. Florida Limited Liability MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA, LLC PRINCIP AL ADDRESS 3401 WEST CYPRESS SUITE 202 TAMPA FL 33607 Changed 02/21/2005 MAILING ADDRESS 3936 TAMIAMI TRAIL NORTH SUITE A NAPLES FL 34103 Changed 02/2112005 Document Number L04000083310 FEI Number 201897055 Date Filed 11/10/2004 State FL Status ACTIVE Effective Date NONE Total Contribution 0.00 Registered Agent Name & Address BLASS, KURT 3401 WEST CYPRESS, SUITE 202 TAMPAFL33607 M 1M b D t '1 anager em er e al I Name & Address II Title I HICKMAN, HAROLD B 3401 WEST CYPRESS, SUITE 202 TAMPA FL 33607 WOHLBRANDT, CHRIS I MGR I 3936 T AMIAMI TRAIL NORTH, SUITE A http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?a1 =DETFIL&n1 =L0400008331 0&n2=NA... 4/1512005 , Division of Corporations I NAPLES FL 34103 II I HUFF, BETTY A G 3936 TAMIAMI TRAIL NORTH, SUITE A NAPLES FL 34103 VOGEL, JAMES 0 G 3936 TAMIAMI TRAIL NORTH, SUITE A NAPLES FL 34103 BLASS, KURT G 3401 WEST CYPRESS, SUITE 202 TAMPA FL 33607 DEQUESADA, ELIZABETH G 3401 WEST CYPRESS, SUITE 202 TAMPA FL 33607 Page 2 of2 1686 II Report Year 2005 Annual Reports II II Filed Date 02/21/2005 Previ Retum.to ..Ust No Events NoN ame History Information Next Filing J Document Images Listed below are the images available for this filing. Q2/21/200.s: = ANNUAL REPORT 11/10/2004 -- Florida Limit~d Jjabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?a1 =DETFIL&n1 =L0400008331 0&n2=NA... 4/15/2005 2005 LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L04000083310 Entity Name: MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA, LLC FILE~ L. 8 6 Feb 21, ~ Secretary 0 State II Current Principal Place of Business: New Principal Place of Business: 3401 WEST CYPRESS, SUITE 202 TAMPA, FL 33607 3401 WEST CYPRESS SUITE 202 TAMPA, FL 33607 Current Mailing Address: New Mailing Address: PO BOX 18085 TAMPA, FL 33629 3936 TAMIAMI TRAIL NORTH SUITE A NAPLES, FL 34103 FEI Number: 20-1897055 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: Name and Address of Current Registered Agent: BLASS, KURT 3401 WEST CYPRESS, SUITE 202 TAMPA, FL 33607 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Date Electronic Signature of Registered Agent MANAGING MEMBERS/MEMBERS: ADDITIONS/CHANGES: ( ) Change ( ) Addition Title: Name: Address: City-St-Zip: MGR ( ) Delete HICKMAN, HAROLD 3401 WEST CYPRESS, SUITE 202 TAMPA, FL 33607 Title: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: ( ) Delete Title: Name: Address: City-St-Zip: ( ) Delete Title: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: ( ) Delete Title: Name: Address: City-St-Zip: ( ) Delete Title: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: ( ) Delete Title: Name: Address: City-St-Zip: MGR ( ) Change (X) Addition WOHLBRANDT, CHRIS 3936 TAMIAMI TRAIL NORTH, SUITE A NAPLES, FL 34103 MGR ( ) Change (X) Addition HUFF, BETIY A 3936 TAMIAMI TRAIL NORTH, SUITE A NAPLES, FL 34103 MGR ( ) Change (X) Addition VOGEL, JAMES D 3936 TAMIAMI TRAIL NORTH, SUITE A NAPLES, FL 34103 MGR ( ) Change (X) Addition BLASS, KURT 3401 WEST CYPRESS, SUITE 202 TAMPA, FL 33607 MGR ( ) Change (X) Addition DEQUESADA, ELIZABETH 3401 WEST CYPRESS, SUITE 202 TAMPA, FL 33607 I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Section 119.07(3)(i), Florida Statutes. I further certify that the information indicated on this report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statutes. SIGNATURE: CHRIS WOHLBRANDT MGR 02/21/2005 Electronic Signature of Signing Managing Member, Manager, or Authorized Representative / Date ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLit 6 B.. 6. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO % .: THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original document, should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. ___ 2. 3. -- ~.::::=:~-------------- PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCe has acted to approve the item.) 4. Ellen T. Chadwell Assistant County Attorney Name of Primary Staff Robert Bosch Phone Number 213-5805 Contact Agenda Date Item was April 26, 2005 Agenda Item Number 16B6 Approved by the BCC Type of Document Agreement Number of Original One Attached Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners fl:A:- F /'-'-) -t/.' <J Ci I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 6. Minutes and Records Clerk of Court's Office 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on -2.~ -c'")> (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 1686 '-y: '. .. . MEMORANDUM Date: April 28, 2005 To: Ellen Chadwell Office of the County Attorney From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Annual Agreement with American Government Services Corporation Enclosed please find one copy of the document, as referenced above, (Agenda Item #16B6) approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please contact me at 774-8411 Thank you. Linda Houtzer Enclosure 1686 MEMORANDUM Date: April 28, 2005 To: Robert Bosch Right-of- Way Acquisition Specialist Transportation Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Annual Agreement with American Government Services Corporation Enclosed please find one (I) copy of the document referenced above, Agenda Item #16B6, approved by the Board of County Commissioners on Tuesday, April 26, 2005. The original document is on file in the Minutes and Records Department. If you have any questions, please call me at 744-8411 Thank you. Enclosures (I) ITEM NO.: FILENO.: ROUTED TO: DATE RECEIVED: 1686 " REQUEST FOR LEGAL SERVICES DATE: April 26, 2005 TO: Office of the County Attorney, Attention: Ellen T. Chadwell FROM: Robert Bosch, Property Acquisition Specialist RE: Annual Agreements: Title Commitments and Real Estate Closing Services BACKGROUND OF REQUEST: American Government Services Corporation has now executed the attached Annual Agreement. I have also attached the Midwest draft agreement which you recently reviewed, showing your amendments, which have been implemented in the American Government Services Corporation Agreement. This item HAS been previously submitted under RP # 04-ECM-00217. (CIRCLE o~) . ACTION REQUESTED: Kindly approve the attached agreement, initial the routing slip and forward the agreement and routing slip to Sue Filson for execution. Thankyo...~// ~~V I y1> lb\ ~p?' ~r'~ ANNUAL AGREEMENT FOR TITLE COMMITMENTS AND FOR REAL ESTATE CLOSING SERVICES THIS AGREEMENT, entered into this 2-;;TI4 day of Il f 1<2: L , 2005 is by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter) referred to as "County"), and AMERICAN GOVERNMENT SERVICES CORPORATION, a Florida corporation, whose business address is 3812 W. Linebaugh Avenue, Tampa, FL 33618 (herein referred to as "Company"). 16B6 WITNESSETH: In consideration of the mutual promises contained herein, County and Company hereby agree as follows: 1. SCOPE OF WORK - The Company shall provide title commitments to the County in accordance with the Specifications set forth in Bid No. 05-3805 "Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services", attached hereto as Exhibit "A" and incorporated herein by reference. 2. NOTICE TO PROCEED - The Company shall not begin work on any assignment unless the County has issued a Notice to Proceed with that particular assignment. Notices to Proceed with all new assignments shall be in writing. Facsimile transmissions and e-mails shall be deemed to fulfill this requirement. Requests for updates and endorsements may be made verbally. 3. INVOICING - Company shall submit a separate invoice for services rendered (or for commitments issued or for policy premiums due) along with each billable work product delivered to the County. Each Invoice must contain the County Project and Parcel Number in addition to the Title Commitment, or Title Policy Number. The Company's invoices must comply with the fees and rates as set forth on the "Contract Proposal" attached hereto as Exhibit "B" and incorporated herein. 4. PAYMENTS - The County shall make payments to the Company within thirty (30) days of receipt of invoice, unless the County exercises the provisions of this Agreement governing Completion/Correction of Assignments (Paragraph 9 below). a. PARTIAL PAYMENT - County will make partial payment of Closing Service fees in those instances where the Title Company has prepared all or some of the required closing documents, but for one reason or another, and through no fault of the Title Company, it is not possible, or it is not in the County's best interest, to close the transaction. The percentage of the fee paid will be negotiated based upon the amount of work performed by the Title Company on the subject parcel. 5. TERMINATION OF AGREEMENT - Should the Contractor be found to have failed to perform their services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause. The County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be the sole judge of non- performance. a. SUSPENSION OF CLOSING SERVICES - County reserves the right to terminate Closing Services on a parcel by parcel basis, without cause. In this event the County will make partial payment when the Company has commenced the preparation of the closing documents as part of the closing services to be provided. Payment will be based on a percentage of the total closing services completed by the Company. 6. AGREEMENT RENEWALS - This contract will commence on the date of award by the Board of County Commissioners. The initial contract term shall be for a period of two (2) years. The County retains the right to renew this Agreement, with the consent of the vendor, for two (2) additional one (1) year periods. Ailnual Agreement for Title Commitments & Closing Services Page 2 1 6n;f, _, l, ), 7. QUALITY REVIEW - Determination and judgment as to the quality/acceptability of the services provided by the Company shall be the sole province and responsibility of the County. 8. LIQUIDATED DAMAGES - Inasmuch as County's purpose for soliciting bids, and entering into a contract for the performance of Real Estate Closing Services, is to free staff from such responsibilities, and allow staff more time to focus on purchase negotiations, and inasmuch as errors and omissions by Company will require County's staff to expend valuable time obtaining corrections from Company, which staff time and its consequences of delay cannot otherwise be recovered per Paragraph 9 below, County and Company agree that liquidated damages equivalent to five percent (5%) of the closing service fee may be deducted from Company's invoice for services to account for the damages caused by Company's submission of closing documents containing errors and omissions. a. The parties acknowledge that the County's actual damages are an uncertain amount and difficult to ascertain, and that the amount of liquid damages set forth above was determined by mutual agreement between the parties to be reasonable, and said sum is not intended to be a penalty in nature. The parties acknowledge that the remedies described herein 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. 9. COMPLETION/CORRECTION OF ASSIGNMENTS - Should the Company fail to commence, provide, perform or complete any assignments or services to be provided hereunder in a timely manner, in addition to any other rights or remedies that are available to the County hereunder, the County at its sole discretion or option may do any of the following: a. Withhold any and all payments due and owing to the Company until such time that the Company has either completed the assignment or revised or corrected the work product to the satisfaction of the County. b. In the event the County has already paid for the work product or services, the County may have the assignment or product corrected by another title company and charge and recover from the Company the cost of these services. These costs may be offset against future or outstanding invoices from the Company. c. In the event the County has already paid for work product or services, the County may utilize County staff to complete the assignment or revise/correct the work product. In this instance, the County may impose liquidated damages pursuant to Paragraph 8 of this Agreement in the amount of 5% of the services fees charged by the Company, and may charge the Company directly for this amount or offset the liquidated damages against future or outstanding invoices by the Company. 10. UNLAWFUL SOLICITATION - The Company warrants that no part of the fees or premiums set forth in the Contract Proposal shall be paid directly or indirectly to any office or employee of the County as wages, compensation, or gifts in exchange for acting as office agent, employee, subcontractor or consultant to the Company in connection with any work contemplated or performed in connection with this Agreement. 11. ASSIGNMENT PROHIBITED - The Company warrants that there shall be no assignment of any part of this Agreement without the written consent of the County. Ailnual Agreement for Title Commitments & Closing Services 16 86age3 . 12. WORKERS' COMPENSATION INSURANCE - The Company shall maintain Workers' Compensation insurance adequate to cover all of its employees to the limits required by applicable state and federal laws. 13. GENERAL LIABILITY INSURANCE - The Company shall maintain during the term of this Agreement comprehensive commercial general liability coverage, including bodily injury and property damage, in an amount not less than the $300,000 combined single limits. The County shall be named as an "additional insured' on said policy; and the Company shall provide the County with an insurance certificate wherein the Certificate Holder as additional insured shall read as follows: "Collier County Board of County Commissioners, Naples FL." 14. INDEMNIFICATION - The Company shall indemnify, hold harmless and defend the County, and County's agents and employees, from all suits and actions, including attorneys' fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by the Company, and/or the Company's agents and employees. 15. MODIFICATION OF AGREEMENT - This Agreement may be modified only by written amendment executed by both the County and Company hereto. 16. NON-DISCRIMINATION - No person, on the grounds of handicap, race, color, religion, sex or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the performance of this Agreement, or in the employment practices of the Company. The Company shall, upon request, show proof of such non-discrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. 17. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida; and this written Agreement, including all exhibits hereto, constitutes the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous, written or oral agreements, provisions, conditions, or premises other than those so stated above. 18. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: As to the County: As to the Company: TECM - Right-of-Way Office 2885 South Horseshoe Drive Naples, FL 34104 , KA~N KANNli'.JG (print or type person's name) 3812 W. Linebaugh Avenue Tampa, FL 33618 19. TIME IS OF THE ESSENCE when providing Closing Services. Annual Agreement for Title Commitments & Closing Services 4; l B.6" L 0 ........~ . p~ge~ IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives the day and year first above written. AS TO THE COUNTY: ATTEST: DWIGKf'€~:~~~~~.. CLERK By: (:"?;~;~~Y<..: <~ oeputy.'q~' . .~. ,f7> . I' l:. ti.s~,~a.~~: . ..1~n . s S~~~~~~~'~~~~~NY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By <~W< ~ Fred W. Coyle, Chairman AMERICAN GOVERNMENT SERVICES CORPORA TIO ,a Florida corporation 1}4d~ v(~ itness (signature Name: (J1t./J /fM IA./i1..f L~ ~. (pr~nt ~:type) gl,L~ fb~ I ness (sign'\! re) ~. L'" Name: i~! lL,-- (print or t e) By: f' ~C2EN HANtJ'~~ (print or type) , PRSS\ ~ E"rr t CEO (corporate title) Approved as to form and legal sufficiency: ILt~ ~ ~ '-" Ellen T. Chadwell Assistant County Attorney Item# .I {p Bb Agenda d'lb '05 Date 1 Date t..j - ;;2,7 -05 Rec'd Bid.No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" . SPECIFICATIONS , ) B6 ~. These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to Preparation and Delivery of Title Commitments, issuance of Title Policies, and Real Estate Closing Services. It is the intent of the County to award this bid to multiple vendors. Title Commitments and Title Policies: Unlike the manner in which title commitments are normally ordered, Collier County (County) usually does not find the property it needs already listed for sale by its current owner. For each major land rights acquisition project (utility mains, roadway expansions, etc.) the County must contact the record title holders of the property and inform them as to how much of their property is sought for the construction of the contemplated improvements. Step One in the County's acquisition process is the preparation of legal descriptions of parcels of land or easements which the engineers and surveyors have determined are necessary in order to construct the proposed improvements. Once the acquisition department receives these legal descriptions, copies are supplied to the real estate appraiser(s) selected for the project; and at the same time, they are supplied to the title company(s) selected for the project. For this reason, the dollar value of the property is not yet known at the time the commitment order is placed. Proposed policy values, therefore, are usually "TBD" (To Be Determined). In addition, the County rarely purchases all or portions of subdivided lots in platted subdivisions. The County's land rights acquisitions are usually made along the borders of raw acreage properties. The greatest volume of work will be in support of roadway expansion projects, where strips of land from the frontage of properties must be acquired to expand the right-of-way corridor. Also, because these "strip takings" are not already listed for sale, our purchase negotiations take far longer than the average real estate transaction. It can often be ten (10) or twelve (12) months, or longer, between the time that the County first places an order for a title commitment, and the time that the County closes on the purchase of the property and orders a title policy. Because the County must order its title commitments in advance of reaching an agreement in order to ensure the County is, in fact, negotiating with the persons and/or companies with the lawful authority to sell, the County does not know at that time whether or not the County will be able to close the transaction. When the asking price of the property simply cannot be justified in the public interest, the County may change the design and consider locating its improvements elsewhere. When this happens, or when the County condemns property, there will be no order for a title policy. Condemnation also becomes inevitable when the project schedule does not allow enough time to resolve a complex title problem, such as the need for an estate to go through probate before the land can be disposed of through a typical real estate closing. EXHIBIT A Page-Lot. ~_ B;d No. 05-3805 - .. ^,"u,l ^"""",,nt '0< p"",,,,linn & 0,1;"". ofT;", '00 '0< R"I "'lat, Cl,,;ng 5"''''''1 6 8 6 Another recent development that causes a greater percentage of parcels to be condemned than in years past, was the creation of Section 73.015, Florida Statutes, entitled "Presuit Negotiations." This new legislation places a statutory requirement upon the County to notify property owners that, in most cases, the condemning authority will pay for their attorney fees, and for the fees charged by all the expert witnesses employed to support a property owner's case. Lately, the County has also experienced a significant increase in property owner solicitations by both attorneys and appraisers, seeking authority to represent the owners in negotiations with the County. Depending upon the acceptance of the project by the affected community, or the amount of time allocated for negotiations, the County may close on a greater or lesser percentage of the parcels required for the project. It is conceivable that the County may have to condemn up to 75% of the parcels. Should this be the case, policies would only be ordered on 25% of the parcels. While the County occasionally requires a title commitment on a single property, more than likely, the County will be involved in a major public works project which affects many properties at the same time. For this reason, title commitments are often ordered in numbers (sometimes as many as twenty (20) to forty (40) at once). This is why the specifications for Preparation and Delivery of Title Commitments address the staggered delivery of title commitments where large numbers are ordered at once. Real Estate Closinq Services: Collier County desires to receive fixed-rate bids on the actual preparation of the legal instruments necessary to comply with the Schedule B-1 "Requirements" portion of the title commitment, and for those services required to obtain the proper execution of all necessary instruments, including, but not limited to: conveyance instruments, releases, subordinations, and affidavits, as well as the requests for estoppels, special assessments and tax prorations, and the preparation of closing statements required to close the real estate transaction and issue the title policy. (Note: as described in greater detail on page 10, the County usually requires privately held easements to be subordinated to the interest sought by the County, as opposed to accepting title "subject to" such easements.) The actual offer letters and official notices would be sent to the property owners by County staff; all negotiations would be conducted by County staff; and the preparation of all purchase agreements or easement agreements would be drafted by County staff. Upon the bilateral execution of a purchase agreement or easement agreement by the owner and County, the County may request the Title Company to close the transaction, rather than have staff prepare the closing documents and conduct the closing. The option to close "in-house" rather than ordering closing services from the Title Company resides with the County. EXHIBIT A Page 2. of ~_ Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing serViCeS"! 6 8 6 Title Commitment Preparation 1. Title Commitments are to be prepared as follows: a. Schedule "A" must identify the specific interest in real property to be acquired by the County, the current record title holder of the fee simple interest in said real property, and the exact manner in which said title is currently held; b. Schedule "B-1" must list onlv the requirements which must be fulfilled in the event a title policy is to be purchased. Requirements should be listed in reverse chronological order of the date of their filing in the public records, beginning with the particular instrument which must be executed by the current title holder in order to vest that particular real property interest with the County; and c. Schedule "B-2" must list onlv those easements and other restrictions to which any title policy would be subject (see Paragraph 3). These must be listed in reverse chronological order of the date of their filing in the public records. 2. In addition to the title commitments issued pending a fee simple acquisition, Company shall provide title commitments for easement acquisition, and shall NOT, in such cases, require the execution of a warranty deed, but shall instead itemize as a requirement the recording of an easement for the purpose(s) specified in the County's NOTICE TO PROCEED. 3. The County will either request the company to issue a title commitment for the parent tract, or for only the area of the legal description provided, and not for the entire parent tract, which request will accompany the NOTICE TO PROCEED. 4. At the request of County, Company shall issue an endorsement or update of a title commitment; and upon County's compliance with the requirements as set forth in Schedule "B-1" and payment of the risk premium at the contract rate, Company shall issue County a title policy for the level of coverage equivalent to the value of the interest in real property sought by the County. 5. "Owner's Amount" (property value) shall state, "TO BE DETERMINED" upon the initial issuance of the title commitment. Unlike typical real estate purchasers, the County often seeks title information long before the valuation of the interest to be acquired is complete. 6. In addition to the terms and conditions governing invoicing contained in Paragraph 3 of the Annual Agreement for Title Commitments, all invoices, bills and/or statements must specify the exact service performed, Le., issuance of title commitment, issuance of title policy, etc. Invoices for title insurance premiums must be submitted with delivery of the title insurance policy. All invoices submitted for payment must be on Company letterhead and/or list Company as "payee". Invoices from entities other than the Company under annual contract with the County shall not be paid. 7. County shall pay no penalty, fee or other charge for failure to order a title policy. In such instances, payments made by the County for title commitE)(tH iSI'T)dated 11 Page :s of 8 - ..------ Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Tille and for Real Estate Closing serviccsl 6 B 6 search reports shall be payment in full for title services rendered by Company related to the subject real estate. 8. Title commitments and updated search reports shall include as attachments, at no extra cost, leqible copies of all state and federal tax liens, ad valorem tax deficiencies, mechanic's and materialmen's liens, mortgages and financing statements, judgements, lis pendens, contracts for deed, recorded leases, easements and any and all covenants and restrictions of record affecting the real property sought by the County. 9. Where the portion of property sought by the County is part of the common elements of any homeowner's association, property owner's association or civic association, Company shall include with the title commitment a copy of all recorded instruments pertinent to said association, including but not limited to, declarations or protective covenants and restrictions, articles of incorporation, and corporate by-laws. Where the portion of the real property sought by County is part of the common elements of a condominium, Company shall include with the title commitment a copy of the declaration of condominium, articles of incorporation, corporate by-laws, and any amendments thereto. Copies of instruments should be attached to the title commitment in the same reverse chronological order as listed in Schedules "B-1" and "B-2". After the copy of the instrument that evidences the current record title holder, there should be attached in reverse chronological order copies of all those instruments listed in Schedule "B-1" and "B-2" regardless of whether reference is made to the instrument (OR Book and Page) in either Requirements (B-1) or Exceptions (B-2). NOTE: This is a slight change in procedure from the previous Specification. 10. Delivery of the title commitments shall be in accordance with the schedule below, where "delivery schedule" constitutes the total number of business days lapsing between issuance of Notice to Proceed by County and delivery by company of completed title commitments. Number of Title Commitments Ordered Delivery Schedule ** 1 to 3 4 to 6 7 to 12 13 to 25 Over 25 Update 6 Business Days 10 Business Days 15 Business Days 20 Business Days To be negotiated 6 Business Days **This delivery schedule shall govern unless an alternate schedule is submitted with Bid. 11. Company shall NOT require a certified survey as a pre-condition to issuance of a title policy. EXHIBIT A Page 4- of B . Bid 'No. 05-3805 - "Annual Agreement fot Preparation & Delivery of Title and for Real Estate Closing Services" 1 6 8 6 12. Certificates of Good Standing from the office of the Secretary of State shall be listed as exceptions, and NOT as requirements. County shall provide a copy of the Corporate Detail Record showing current corporate status, along with the Directors/Officers of the corporation from the Florida Department of State, Division of Corporations web site~ 13. The recordinq of corporate resolutions in the public records shall NOT be listed as a requirement. 14. Schedule B-1, Requirements, may call for an Amended Notice of Commencement but shall not require that the Notice of Commencement be terminated. 15. Company shall provide the Property Appraiser's folio number for the parent tract from which County seeks an interest in real property. Ad Valorem taxes, both current and delinquent, if any, shall be itemized in the title commitment. 16. Initial orders for title commitments shall be in writing either on County letterhead, e- mail, or fax transmittal, and must include the name of the County employee placing the order. Updates and endorsements may be ordered by phone. Quantities: The quantities listed in the Contract Proposal are approximate and are for the purpose of bid evaluation. The County reserves the right to order such quantities as may be required during said period, but does not guarantee any minimum or maximum to be ordered during the period specified. A purchase order and a Notice to Proceed will be issued for each project. Real Estate Closina Services: Again, upon the bilateral execution of a Purchase Agreement, Easement Agreement, or Agreement for Sale and Purchase by the owner and County, the County may request the Title Company to close the transaction, undertaking all tasks necessary to satisfy the requirements for title insurance. Should the County request the Title Company to close the transaction, the Title Company will prepare all closing documents. The Title Company will be provided electronic copies in Microsoft WORD format of the County's format instruments which have been approved by the Office of the County Attorney; including but not limited to: Deeds, Easements (of various types), all sorts of Affidavits, (GAP, Owner's and Non- Foreign, Public Disclosure, Trustee, Corporation and/or Partnership Affidavits, etc.), W- 9 Forms, Partial Releases, Subordinations and/or Satisfactions of Mortgage, Waivers of Interest and Proceeds, Amended Notices of Commencement, Subordinations of Encumbrance (various), and any other instruments required to clear title. In addition, and unlike typical real estate transactions, Collier County does not take title to property subject to utility easements. Instead, we require Florida Power and Light Company, Sprint, and the various cable companies, as well as private easement holders, to subordinate their interests to that of Collier County through the execution of Utility and Easement Subordinations. As for the corporate utility easements, County staff prepares blanket, project-wide Subordination of Utility Interests documents for each company. As for any privately held easements, however, the County will look to the title company to prepare for execution the appropriate Subordination of Encumbrance document. With the exception of warranty deeds meeting the statutory requirements EXHIBIT A . Page G of , Bid No. 05-3805 - "A"ou,' Agre""'"' fo, P"p""Ho" & D,!;"", omtl, ,"d fo, Roll ",tare Clo,'o. S"~,,,'" '~ Q 6 for same, the Title Company must use the County-approved closing format documeri~s. The Title Company may use its own Closing Statement or a HUD-1 Form. .. ~ ;, While the Agreement will generally dictate the latest possible date to close the transaction, there is some flexibility in scheduling the closing date, and the County always reserves the right to postpone closings. The Title Company shall discuss potential closing dates and a closing schedule with the County representative before one is decided on. Due to project time constraints, any postponement of a closing date must be approved in writing by the County representative. The Title Company shall provide County with draft copies of all closing documents for pre-approval a minimum of forty (40) days prior to a scheduled closing date. The County is hiring the Title Company to conduct closings in order to focus staff time on negotiations with property owners. It would be counter-productive for staff to spend valuable time reviewing closing documents containing errors, and then re-reviewing corrected closing documents. For this reason, the County reserves the right to consider the quality of a Title Company's document preparation in the selection of companies for future work assignments. The Title Company shall provide County with closing statements executed by the property owner(s) a minimum of twenty (20) days prior to the closing date. Rather than making payment to the Title Company via County Warrant, the County may elect to wire funds directly into the Title Company's escrow account prior to closing. The Title Company must provide the County with its Tax 1.0. number and account wiring instructions with its bid. The amount of the wire transfer will equal all disbursements to be made by the Title Company including, but not limited to, proceeds to sellers (property owners), attorney fees, expert witness fees, documentary stamp taxes, special assessments, ad valorem real estate taxes due from seller, and recording fees. Companies conducting real estate closing services tor the County shall record the appropriate documents in the public records, and issue the title policies with the submission of the invoice for services and for the payment of policy premiums. County reserves the right to terminate closing services on a parcel by parcel basis. Partial payment will be made for all services on a percentage of completion basis. Temporary Construction Easements (TCEs): Often the County's contractor must temporarily enter onto private property (beyond the existing or even proposed right-ot- way) in order to construct improvements IN the existing or proposed right-of-way. Rarely will the County seek subordinations from mortgagees or other interest-holders for temporary construction easements. In those instances where subordinations or releases will be necessary, County will so indicate in writing as part of its Notice To Proceed. Only when the effect of the temporary easement will be the destruction of expensive landscaping, or other site improvements, might the County seek the Subordination, Consent and Joinder of Easement from those holding a security interest in the property. (While property owners are compensated in an amount equivalent to the cost to replace the damaged improvements, there is no requirement that the A of 9 EXHIBIT Page b Bid"No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1 6 B 6 compensation be used for that purpose and, absent the replacement of the lost or damaged improvements, the value of the security interest may be diminished.) TCEs may be acquired in conjunction with another permanent parcel acquisition from the same parent tract, or they may be acquired as "stand-alone" parcels where no other interest is being sought by the County. Collier County will NOT order title policies for TeEs. However, Collier County WILL pay the Title Company the contract rate for Closing Services for closing a "stand-alone" TCE, regardless of the value of the TCE. Conversely, if a TCE is being acquired along WITH another permanent parcel from the same parent tract (same property - same owner) then the Title Company must prepare, and obtain the owner's execution of, the TCE; and shall record the TCE in the public records, along with the rest of the closing documents, and shall do so as part of the Closing Services being provided for the permanent parcel acquisition. In this instance the title Company's fee for this extra service shall be 10% of Company's Real Estate Closing Services fee for the permanent parcel from the same parent tract. Temporary Drivewav Restoration Easements (TDREs): The provisions (above) applicable to TCEs shall apply also to TDREs. Waiver and Release Services: Frequently, the project schedule for starting construction requires the County to file an eminent domain lawsuit against a property owner with whom we have reached an agreement, but with whom we cannot close until some "loose end" is tied up (like securing a satisfaction from a judgment creditor). When this happens, any and all tenants are named as defendants in the lawsuit and are served. In this instance we need to obtain Waivers of Interest and Proceeds or Waivers of Claim from each tenant before we can close. The County is seeking bids from Title Companies to obtain the execution of these Waivers. Bids should be in the form of a flat rate per Waiver in the space provided on the enclosed Contract Proposal. It is not required that a company bid on Waiver and Release Services in order to be considered for annual contract. Whether a Title Company does, or does not, bid on the Waiver and Release Services will have no effect on the selection of that Company. Partial Payments for Services Rendered: County will make partial payment of Closing Service fees in those instances where the Title Company has prepared all or some of the required closing documents, but for one reason or another, and through no fault of the Title Company, it is not possible, or it is not in the County's best interest, to close the transaction. The percentage of the fee paid will be negotiated based upon the amount of work performed by the Title Company on the subject parcel. Award: The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of bid shall be made to the lowest, qualified and responsive bidder(s}. The County reserves the right to award this contract through an approach which best serves the interests of the county; Le., to a single vendor, multiple vendors, EXHIBIT A Page 7 of V Bid.No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 or by a primary/secondary vendor basis, or on a category-by-category basis. Firms may offer proposals on title commitment services and/or real estate closing services. Term of Contract: This contract will commence on the date of award by the Board of County Commissioners, and be in effect for two (2) years. Contract Renewal: The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for two (2) additional one- year periods, provided, however, that the title insurance premium rates will increase on a dollar-for-dollar basis, with any increase in the "promulgated rate" made by the Florida Legislature, or the Florida Insurance Commission Insurance: Since these conditions include insurance requirements, it should be noted by the bidder that in order to meet the County's requirement there might be additional insurance costs to the bidder's firm. It is therefore imperative that the bidder discusses these requirements with the bidder's agent; as noted on the Insurance Requirements pages, so that the bidder can make allowance for any additional costs. Special Note: Collier County Government is a member of the SW Florida Purchasing Consortium. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this publicized request constitutes a bid made under the same conditions, for the same contract price, to the other members of the said Consortium. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. Prohibition of Gifts to County Emplovees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, and County Administrative Procedure 5311 and 5311.1. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. EXHIBIT A Page 8 of g CONTRACT PROPOSAL 16P~ Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" FROM: Zl.m<=>r; i""':;;ln Gf"\':T<=>rnme"'t S~rr'uiccs 3812 W. Linebauqh Avenue T~mpA! Florid~ lln1R at 2:30 pm EXHIBIT Page. l B of 2 DUE: Board of County Commissioners Collier County Government Center Naples, Florida 34112 --RE: BID No 05-3805 -- "Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to furnishing preparation and delivery of title commitment services and real estate closing services per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: Title Commitment. $ 345.00 (Includes Search & Examination Fees) (flat rate) Update of Commitment $ 75.00 (Endorsement to Initial Commitment) (flat rate) Risk Premiums for Title Insurance (Over & above minimum $100 rate set forth in law) $ o to $ 100,000 real property value $ 5.75 1$1,000 $ 100,001 to $ 1,000,000 real property value $ 5.00 1$1,000 $1,000,001 to $ 5,000,000 real property va.lue $ 2.50 1$1,000 $5,000,001 to $10,000,000 real property value $ 2.25 1$1,000 Over $10,000,000 real property value $ 2.00 1$1,000 Real Estate Closing Services $ 195.00 per Parcel Waiver and Release Services $ 75.00 per Waiver Recording Fees (to be added to invoice as a $ Actua 1 cas ts h * Separate item) eac *Supported by receipt B;d No. 05-3805 - "A.nooJ A",,,",.l foc Pre_Oo. & 0";,,,,, of Till, ..d ro, 0", E",., Cl..ing """'''''1616 PROPOSAL CONTINUED Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: o % Days; Net ~ Days Addenda received (if applicable): #1 #2 #3 The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 18 day of March , 2005 in the County of Hillsborough ,in the State of FL American Government Services Corporation Firm's Complete Legal Name Check one of the following: D ~ D D Sole Proprietorship Corporation or P.A. State of: Florida Limited Partnership General Partnership Phone No. (813) 933-3322 FAX No. (813) 931-3362 1R1? W T.; nph;:mgh n.vpnllP Address Tampa. Florida 33618 City, State, ZIP BY: Karen Mannin Typed and Written c=r President Title NOTE: If you choose to bid, please submit an EXHIBIT Page 2. B ofJ. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8 6' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson line #5). Office Initials Date 1. _ n...._.____ 2. 3. .-....-- . v PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the 4. Ellen T. Chadwell Assistant County Attorney item.) Name of Primary Staff Robert Bosch Phone Number 213-5805 Contact Agenda Date Item was April 26, 2005 Agenda Item Number 16B6 Approved by the BCC Type of Document Agreement Number of Original One Attached Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners ,/ ) ,. ; 6. Minutes and Records Clerk of Court's Office N/A . .k'~ ,- 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee onNl.:4.1.,. 1 ,llli1S'"(epter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. MEMORANDUM Date: May 25, 2005 To: Robert Bosch Right-of-Way Acquisition Specialist Transportation Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Annual Agreement: Title Commitments and Real Estate Closing Services American Acquisition Title, Inc. Please find enclosed one (1) copy of the documents as referenced above, (Agenda Item #16B6), as approved by the Board of County Commissioners on April 26, 2005. If you should have any questions, please call me at 732-2646 ext. 7240 Thank you. Enclosure(s) 1686 1686 ITEM NO.: FILE NO.: ROUTED TO: DATE RECEIVED: 4 ~- oc> FrL~ REQUEST FOR LEGAL SERVICES DATE: May 23, 2005 / TO: Office of the County Attorney, Attention: Ellen T. Chadwell r......;) "'::::> t~ ;~, Ul FROM: Robert Bosch, Property Acquisition Specialist RE: Annual Agreement: Title Commitments and Real Estate Closing Services American Acquisition Title, Inc. BACKGROUND OF REQUEST: American Acquisition Title, Inc. has executed .the attac Ann Agreement. I have also attached a copy of the Midwest Title agreement which you recently approved, and which is identical to the American Acquisition Title, Inc. agre~~ This item HAS been previously submitted under R # 04-ECM-00217. (CIRCIE 0*) ACTION REQUESTED: Kindly approve the attached a , e eletion in Exhibit B, Page 1, initial the routing slip where required, and fOIWard the agreement and routing slip to Sue Filson for execution. ~....~-,......... -~ ~ ~~~. (;..?' "J '" - ~~" t5C\ f'- -- "--- --rl Z-q ~fA ~O --l -n 0- :n Z. m 1"') W -0 :;; ANNUAL AGREEMENT FOR TITLE COMMITMENTS AND FOR REAL ESTATE CLOSING SERVICES THIS AGREEMENT, entered into this ~3Aol day of , 2005 is by and between COLLIER COUNTY, a political subdivision of the State 0 lorida (hereinafter) referred to as "County"), and AMERICAN ACQUISITION TITLE, INC., a Florida corporation, whose business address is 5600 Mariner Street, Suite 104, Tampa, FL 33609 (herein referred to as "Company"). 1686 WITNESSETH: In consideration of the mutual promises contained herein, County and Company hereby agree as follows: 1. SCOPE OF WORK - The Company shall provide title commitments to the County in accordance with the Specifications set forth in Bid No. 05-3805 "Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services", attached hereto as Exhibit "A" and incorporated herein by reference. 2. NOTICE TO PROCEED - The Company shall not begin work on any assignment unless the County has issued a Notice to Proceed with that particular assignment. Notices to Proceed with all new assignments shall be in writing. Facsimile transmissions and e-mails shall be deemed to fulfill this requirement. Requests for updates and endorsements may be made verbally. 3. INVOICING - Company shall submit a separate invoice for services rendered (or for commitments issued or for policy premiums due) along with each billable work product delivered to the County. Each Invoice must contain the County Project and Parcel Number in addition to the Title Commitment, or Title Policy Number. The Company's invoices must comply with the fees and rates as set forth on the "Contract Proposal" attached hereto as Exhibit "B" and incorporated herein. 4. PAYMENTS - The County shall make payments to the Company within thirty (30) days of receipt of invoice, unless the County exercises the provisions of this Agreement governing Completion/Correction of Assignments (Paragraph 9 below). a. PARTIAL PAYMENT - County will make partial payment of Closing Service fees in those instances where the Title Company has prepared all or some of the required closing documents, but for one reason or another, and through no fault of the Title Company, it is not possible, or it is not in the County's best interest, to close the transaction. The percentage of the fee paid will be negotiated based upon the amount of work performed by the Title Company on the subject parcel. 5. TERMINATION OF AGREEMENT - Should the Contractor be found to have failed to perform their services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause. The County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be the sole judge of non- performance. a. SUSPENSION OF CLOSING SERVICES - County reserves the right to terminate Closing Services on a parcel by parcel basis, without cause. In this event the County will make partial payment when the Company has commenced the preparation of the closing documents as part of the closing services to be provided. Payment will be based on a percentage of the total closing services completed by the Company. 6. AGREEMENT RENEWALS - This contract will commence on the date of award by the Board of County Commissioners. The initial contract term shall be for a period of two (2) years. The County retains the right to renew this Agreement, with the consent of the vendor, for two (2) additional one (1) year periods. Annual Agreement for Title Commitments & Closing Services page16 B 6 7. QUALITY REVIEW - Determination and judgment as to the quality/acceptability of the services provided by the Company shall be the sole province and responsibility of the County. 8. LIQUIDATED DAMAGES - Inasmuch as County's purpose for soliciting bids, and entering into a contract for the performance of Real Estate Closing Services, is to free staff from such responsibilities, and allow staff more time to focus on purchase negotiations, and inasmuch as errors and omissions by Company will require County's staff to expend valuable time obtaining corrections from Company, which staff time and its consequences of delay cannot otherwise be recovered per Paragraph 9 below, County and Company agree that liquidated damages equivalent to five percent (5%) of the closing service fee may be deducted from Company's invoice for services to account for the damages caused by Company's submission of closing documents containing errors and omissions. a. The parties acknowledge that the County's actual damages are an uncertain amount and difficult to ascertain, and that the amount of liquid damages set forth above was determined by mutual agreement between the parties to be reasonable, and said sum is not intended to be a penalty in nature. The parties acknowledge that the remedies described herein 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. 9. COMPLETION/CORRECTION OF ASSIGNMENTS - Should the Company fail to commence, provide, perform or complete any assignments or services to be provided hereunder in a timely manner, in addition to any other rights or remedies that are available to the County hereunder, the County at its sole discretion or option may do any of the following: a. Withhold any and all payments due and owing to the Company until such time that the Company has either completed the assignment or revised or corrected the work product to the satisfaction of the County. b. In the event the County has already paid for the work product or services, the County may have the assignment or product corrected by another title company and charge and recover from the Company the cost of these services. These costs may be offset against future or outstanding invoices from the Company. c. In the event the County has already paid for work product or services, the County may utilize County staff to complete the assignment or revise/correct the work product. In this instance, the County may impose liquidated damages pursuant to Paragraph 8 of this Agreement in the amount of 5% of the services fees charged by the Company, and may charge the Company directly for this amount or offset the liquidated damages against future or outstanding invoices by the Company. 10. UNLAWFUL SOLICITATION - The Company warrants that no part of the fees or premiums set forth in the Contract Proposal shall be paid directly or indirectly to any office or employee of the County as wages, compensation, or gifts in exchange for acting as office agent, employee, subcontractor or consultant to the Company in connection with any work contemplated or performed in connection with this Agreement. 11. ASSIGNMENT PROHIBITED - The Company warrants that there shall be no assignment of any part of this Agreement without the written consent of the County. 1686 Annual Agreement for Title Commitments & Closing Services Page 3 12. WORKERS' COMPENSATION INSURANCE - The Company shall maintain Workers' Compensation insurance adequate to cover all of its employees to the limits required by applicable state and federal laws. 13. GENERAL LIABILITY INSURANCE - The Company shall maintain during the term of this Agreement comprehensive commercial general liability coverage, including bodily injury and property damage, in an amount not less than the $300,000 combined single limits. The County shall be named as an "additional insured' on said policy; and the Company shall provide the County with an insurance certificate wherein the Certificate Holder as additional insured shall read as follows: "Collier County Board of County Commissioners, Naples FL." 14. INDEMNIFICATION - The Company shall indemnify, hold harmless and defend the County, and County's agents and employees, from all suits and actions, including attorneys' fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by the Company, and/or the Company's agents and employees. 15. MODIFICATION OF AGREEMENT - This Agreement may be modified only by written amendment executed by both the County and Company hereto. 16. NON-DISCRIMINATION - No person, on the grounds of handicap, race, color, religion, sex or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the performance of this Agreement, or in the employment practices of the Company. The Company shall, upon request, show proof of such non-discrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. 17. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida; and this written Agreement, including all exhibits hereto, constitutes the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous, written or oral agreements, provisions, conditions, or premises other than those so stated above. 18. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: TECM - Right-of-Way Office 2885 South Horseshoe Drive Naples, FL 34104 As to the Company: 'ben,,'c 7' Ian ~~ (print or type name of p rson) 5600 Mariner Street, Suite 104 Tampa, FL 33609 As to the County: 19. TIME IS OF THE ESSENCE when providing Closing Services. 1686 Annual Agreement for Title Commitments & Closing Services Page 4 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives the day and year first above written. AS TO THE COUNTY: ATTEST: DWIC3HT 1;:. BROCK, CLERK , ,-"', ~,; '.-:- '.1 Witness (signature) Name:lJarbarQ (print or type) ~~;< Approved as to form and legal sufficiency: ~/l... ~J r!L.L.ur<. /' Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLI:~ COUN~I~. ~ Fred W. Coyle, Chairman AMERICAN ACQUISITION TITLE, INC., a Florida corporation / ~ By: I kuu L- (Signature~ Denee T. VanDyke ~int or type) ~I<e 1$/)) e/7 f (corporate title) Item# .l (Oi6~ ~~~;da !f-alo f)) Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 .J SPECIFICATIONS These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to Preparation and Delivery of Title Commitments, issuance of Title Policies, and Real Estate Closing Services. It is the intent of the County to award this bid to multiple vendors. Title Commitments and Title Policies: Unlike the manner in which title commitments are normally ordered, Collier County (County) usually does not find the property it needs already listed for sale by its current owner. For each major land rights acquisition project (utility mains, roadway expansions, etc.) the County must contact the record title holders of the property and inform them as to how much of their property is sought for the construction of the contemplated improvements. Step One in the County's acquisition process is the preparation of legal descriptions of parcels of land or easements which the engineers and surveyors have determined are necessary in order to construct the proposed improvements. Once the acquisition department receives these legal descriptions, copies are supplied to the real estate appraiser(s) selected for the project; and at the same time, they are supplied to the title company(s) selected for the project. For this reason, the dollar value of the property is not yet known at the time the commitment order is placed. Proposed policy values, therefore, are usually "TBD" (To Be Determined). In addition, the County rarely purchases all or portions of subdivided lots in platted subdivisions. The County's land rights acquisitions are usually made along the borders of raw acreage properties. The greatest volume of work will be in support of roadway expansion projects, where strips of land from the frontage of properties must be acquired to expand the right-of-way corridor. Also, because these "strip takings" are not already listed for sale, our purchase negotiations take far longer than the average real estate transaction. It can often be ten (10) or twelve (12) months, or longer, between the time that the County first places an order for a title commitment, and the time that the County closes on the purchase of the property and orders a title policy. Because the County must order its title commitments in advance of reaching an agreement in order to ensure the County is, in fact, negotiating with the persons and/or companies with the lawful authority to sell, the County does not know at that time whether or not the County will be able to close the transaction. When the asking price of the property simply cannot be justified in the public interest, the County may change the design and consider locating its improvements elsewhere. When this happens, or when the County condemns property, there will be no order for a title policy. Condemnation also becomes inevitable when the project schedule does not allow enough time to resolve a complex title problem, such as the need for an estate to go through probate before the land can be disposed of through a typical real estate closing. EXH I B IT fl Page I of. g Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 Another recent development that causes a greater percentage of parcels to be condemned than in years past, was the creation of Section 73.015, Florida Statutes, entitled "Presuit Negotiations." This new legislation places a statutory requirement upon the County to notify property owners that, in most cases, the condemning authority will pay for their attorney fees, and for the fees charged by all the expert witnesses employed to support a property owner's case. Lately, the County has also experienced a significant increase in property owner solicitations by both attorneys and appraisers, seeking authority to represent the owners in negotiations with the County. Depending upon the acceptance of the project by the affected community, or the amount of time allocated for negotiations, the County may close on a greater or lesser percentage of the parcels required for the project. It is conceivable that the County may have to condemn up to 75% of the parcels. Should this be the case, policies would only be ordered on 25% of the parcels. While the County occasionally requires a title commitment on a single property, more than likely, the County will be involved in a major public works project which affects many properties at the same time. For this reason, title commitments are often ordered in numbers (sometimes as many as twenty (20) to forty (40) at once). This is why the specifications for Preparation and Delivery of Title Commitments address the staggered delivery of title commitments where large numbers are ordered at once. Real Estate Closinq Services: Collier County desires to receive fixed-rate bids on the actual preparation of the legal instruments necessary to comply with the Schedule B-1 "Requirements" portion of the title commitment, and for those services required to obtain the proper execution of all necessary instruments, including, but not limited to: conveyance instruments, releases, subordinations, and affidavits, as well as the requests for estoppels, special assessments and tax prorations, and the preparation of closing statements required to close the real estate transaction and issue the title policy. (Note: as described in greater detail on page 10, the County usually requires privately held easements to be subordinated to the interest sought by the County, as opposed to accepting title "subject to" such easements.) The actual offer letters and official notices would be sent to the property owners by County staff; all negotiations would be conducted by County staff; and the preparation of all purchase agreements or easement agreements would be drafted by County staff. Upon the bilateral execution of a purchase agreement or easement agreement by the owner and County, the County may request the Title Company to close the transaction, rather than have staff prepare the closing documents and conduct the closing. The option to close "in-house" rather than ordering closing services from the Title Company resides with the County. EXHIBIT Page 2 A of 8 Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 16B~ Title Commitment Preparation 1. Title Commitments are to be prepared as follows: a. Schedule "A" must identify the specific interest in real property to be acquired by the County, the current record title holder of the fee simple interest in said real property, and the exact manner in which said title is currently held; b. Schedule "8-1" must list only the requirements which must be fulfilled in the event a title policy is 'to be purchased. Requirements should be listed in reverse chronological order of the date of their filing in the public records, beginning with the particular instrument which must be executed by the current title holder in order to vest that particular real property interest with the County; and c. Schedule "8-2" must list only those easements and other restrictions to which any title policy would be subject (see Paragraph 3). These must be listed in reverse chronological order of the date of their filing in the public records. 2. In addition to the title commitments issued pending a fee simple acquisition, Company shall provide title commitments for easement acquisition, and shall NOT, in such cases, require the execution of a warranty deed, but shall instead itemize as a requirement the recording of an easement for the purpose(s) specified in the County's NOTICE TO PROCEED. 3. The County will either request the company to issue a title commitment for the parent tract, or for only the area of the legal desctiption provided, and not for the entire parent tract, which request will accompany the NOTICE TO PROCEED. 4. At the request of County, Company shall issue an endorsement or update of a title commitment; and upon County's compliance with the requirements as set forth in Schedule "8-1" and payment of the risk premium at the contract rate, Company shall issue County a title policy for the level of coverage equivalent to the value of the interest in real property sought by the County. 5. "Owner's Amount" (property value) shall state, "TO BE DETERMINED" upon the initial issuance of the title commitment. Unlike typical real estate purchasers, the County often seeks title information long before the valuation of the interest to be acquired is complete. 6. In addition to the terms and conditions governing invoicing contained in Paragraph 3 of the Annual Agreement for Title Commitments, all invoices, bills and/or statements must specify the exact service performed, Le., issuance of title commitment, issuance of title policy, etc. Invoices for title insurance premiums must be submitted with delivery of the title insurance policy. All invoices submitted for payment must be on Company letterhead and/or list Company as "payee". Invoices from entities other than the Company under annual contract with the County shall not be paid. 7. County shall pay no penalty, fee or other charge for failure to order a title policy. In such instances, payments made by the County for title commitments and updated EXHIBIT A Page l of r Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 search reports shall be payment in full for title services rendered by Company related to the subject real estate. 8. Title commitments and updated search reports shall include as attachments, at no extra cost, leQible copies of all state and federal tax liens, ad valorem tax deficiencies, mechanic's and materialmen's liens, mortgages and financing statements, judgements, lis pendens, contracts for deed, recorded leases, easements and any and all covenants and restrictions of record affecting the real property sought by the County. 9. Where the portion of property sought by the County is part of the common elements of any homeowner's association, property owner's association or civic association, Company shall include with the title commitment a copy of all recorded instruments pertinent to said association, including but not limited to, declarations or protective covenants and restrictions, articles of incorporation, and corporate by-laws. Where the portion of the real property sought by County is part of the common elements of a condominium, Company shall include with the title commitment a copy of the declaration of condominium, articles of incorporation, corporate by-laws, and any amendments thereto. Copies of instruments should be attached to the title commitment in the same reverse chronological order as listed in Schedules "B_1" and "B_2". After the copy of the instrument that evidences the current record title holder, there should be attached in reverse chronological order copies of all those instruments listed in Schedule "B-1" and "B-2" regardless of whether reference is made to the instrument (OR Book and Page) in either Requirements (B-1) or Exceptions (B-2). NOTE: This is a slight change in procedure from the previous Specification. 10. Delivery of the title commitments shall be in accordance with the schedule below, where "delivery schedule" constitutes the total number of business days lapsing between issuance of Notice to Proceed by County and delivery by company of completed title commitments. Number of Title Commitments Ordered Delivery Schedule ** 1 to 3 4 to 6 7 to 12 13 to 25 Over 25 Update 6 Business Days 10 Business Days 15 Business Days 20 Business Days To be negotiated 6 Business Days **This delivery schedule shall govern unless an alternate schedule is submitted with Bid. 11. Company shall NOT require a certified survey as a pre-condition to issuance of a title policy. EXHIBIT 11 Page 4- - OfL Bid No. 05-3805 - "Annual Agreement f~~ Preparation & Delivery of Title and for Real Estate Closing Services" 16BE 12. Certificates of Good Standing from the office of the Secretary of State shall be listed as exceptions, and NOT as requirements. County shall provide a copy of the Corporate Detail Record showing current corporate status, along with the Directors/Officers of the corporation from the Florida Department of State, Division of Corporations web site~ 13. The recordinq of corporate resolutions in the public records shall NOT be listed as a requirement. 14. Schedule 8-1, Requirements, may call for an Amended Notice of Commencement but shall not require that the Notice of Commencement be terminated. 15. Company shall provide the Property Appraiser's folio number for the parent tract from which County seeks an interest in real property. Ad Valorem taxes, both current and delinquent, if any, shall be itemized in the title commitment. 16. Initial orders for title commitments shall be in writing either on County letterhead, e- mail, or fax transmittal, and must include the name of the County employee placing the order. Updates and endorsements may be ordered by phone. Quantities: The quantities listed in the Contract Proposal are approximate and are for the purpose of bid evaluation. The County reserves the right to order such quantities as may be required during said period, but does not guarantee any minimum or maximum to be ordered during the period specified. A purchase order and a Notice to Proceed will be issued for each project. Real Estate Closina Services: Again, upon the bilateral execution of a Purchase Agreement, Easement Agreement, or Agreement for Sale and Purchase by the owner and County, the County may request the Title Company to close the transaction, undertaking all tasks necessary to satisfy the requirements for title insurance. Should the County request the Title Company to close the transaction, the Title Company will prepare all closing documents. The Title Company will be provided electronic copies in Microsoft WORD format of the County's format instruments which have been approved by the Office of the County Attorney; including but not limited to: Deeds, Easements (of various types), all sorts of Affidavits, (GAP, Owner's and Non- Foreign, Public Disclosure, Trustee, Corporation and/or Partnership Affidavits, etc.), W- 9 Forms, Partial Releases, Subordinations and/or Satisfactions of Mortgage, Waivers of Interest and Proceeds, Amended Notices of Commencement, Subordinations of Encumbrance (various), and any other instruments required to clear title. In addition, and unlike typical real estate transactions, Collier County does not take title to property subject to utility easements. Instead, we require Florida Power and light Company, Sprint, and the various cable companies, as well as private easement holders, to subordinate their interests to that of Collier County through the execution of Utility and Easement Subordinations. As for the corporate utility easements, County staff prepares blanket, project-wide Subordination of Utility Interests documents for each company. As for any privately held easements, however, the County will look to the title company to prepare for execution the appropriate Subordination of Encumbrance document. With the exception of warranty deeds mee~iil~iTOry reAuirements Page 5 of ~ y _ _..._o~ Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 for same, the Title Company must use the County-approved closing format documents. The Title Company may use its own Closing Statement or a HUD-1 Form. While the Agreement will generally dictate the latest possible date to close the transaction, there is some flexibility in scheduling the closing date, and the County always reserves the right to postpone closings. The Title Company shall discuss potential closing dates and a closing schedule with the County representative before one is decided on. Due to project time constraints, any postponement of a closing date must be approved in writing by the County representative. The Title Company shall provide County with draft copies of all closing documents for pre-approval a minimum of forty (40) days prior to a scheduled closing date. The County is hiring the Title Company to conduct closings in order to focus staff time on negotiations with property owners. It would be counter-productive for staff to spend valuable time reviewing closing documents containing errors, and then re-reviewing corrected closing documents. For this reason, the County reserves the right to consider the quality of a Title Company's document preparation in the selection of companies for future work assignments. The Title Company shall provide County with closing statements executed by the property owner(s) a minimum of twenty (20) days prior to the closing date. Rather than making payment to the Title Company via County Warrant, the County may elect to wire funds directly into the Title Company's escrow account prior to closing. The Title Company must provide the County with its Tax 1.0. number and account wiring instructions with its bid. The amount of the wire transfer will equal all disbursements to be made by the Title Company including, but not limited to, proceeds to sellers (property owners), attorney fees, expert witness fees, documentary stamp taxes, special assessments, ad valorem real estate taxes due from seller, and recording fees. Companies conducting real estate closing services for the County shall record the appropriate documents in the public records, and issue the title policies with the submission of the invoice for services and for the payment of policy premiums. County reserves the right to terminate closing services on a parcel by parcel basis. Partial payment will be made for all services on a percentage of completion basis. Temporary Construction Easements (TCEs): Often the County's contractor must temporarily enter onto private property (beyond the existing or even proposed right-of- way) in order to construct improvements IN the existing or proposed right-of-way. Rarely will the County seek subordinations from mortgagees or other interest-holders for temporary construction easements. In those instances where subordinations or releases will be necessary, County will so indicate in writing as part of its Notice To Proceed. Only when the effect of the temporary easement will be the destruction of expensive landscaping, or other site improvements, might the County seek the Subordination, Consent and Joinder of Easement from those holding a security interest in the property. (While property owners are compensated in an amount equivalent to the cost to replace the damaged improvements, there is no requirement that the EXHIBIT Page) , A of ~ 4>..-L. Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 compensation be used for that purpose and, absent the replacement of the lost or damaged improvements, the value of the security interest may be diminished.) TCEs may be acquired in conjunction with another permanent parcel acquisition from the same parent tract, or they may be acquired as "stand-alone" parcels where no other interest is being sought by the County. Collier County wi!! NOT order title policies for TCEs. However, Collier County WILL pay the Title Company the contract rate for Closing Services for closing a "stand-alone" TCE, regardless of the value of the TCE. Conversely, if a TCE is being acquired along WITH another permanent parcel from the same parent tract (same property - same owner) then the Title Company must prepare, and obtain the owner's execution of, the TCE; and shall record the TCE in the public records, along with the rest of the closing documents, and shall do so as part of the Closing Services being provided for the permanent parcel acquisition. In this instance the title Company's fee for this extra service shall be 10% of Company's Real Estate Closing Services fee for the permanent parcel from the same parent tract. Temporary Drivewav Restoration Easements (TDREs): The provisions (above) applicable to TCEs shall apply also to TDREs. Waiver and Release Services: Frequently, the project schedule for starting construction requires the County to file an eminent domain lawsuit against a property owner with whom we have reached an agreement, but with whom we cannot close until some "loose end" is tied up (like securing a satisfaction from a judgment creditor). When this happens, any and all tenants are named as defendants in the lawsuit and are served. In this instance we need to obtain Waivers of Interest and Proceeds or Waivers of Claim from each tenant before we can close. The County is seeking bids from Title Companies to obtain the execution of these Waivers. Bids should be in the form of a flat rate per Waiver in the space provided on the enclosed Contract Proposal. It is not required that a company bid on Waiver and Release Services in order to be considered for annual contract. Whether a Title Company does, or does not, bid on the Waiver and Release Services will have no effect on the selection of that Company. Partial Payments for Services Rendered: County will make partial payment of Closing Service fees in those instances where the Title Company has prepared all or some of the required closing documents, but for one reason or another, and through no fault of the Title Company, it is not possible, or it is not in the County's best interest, to close the transaction. The percentage of the fee paid will be negotiated based upon the amount of work performed by the Title Company on the subject parcel. Award: The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of bid shall be made to the lowest, qualified and responsive bidder(s). The County reserves the right to award this contract through an approach which best serves the interests of the county; Le., to a single vendor, multiple vendors, EXHIBIT It Page 7 of S- Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 or by a primary/secondary vendor basis, or on a category-by-category basis. Firms may offer proposals on title commitment services and/or real estate closing services. Term of Contract: This contract will commence on the date of award by the Board of County Commissioners, and be in effect for two (2) years. Contract Renewal: The County retains the right to renew this contract, with the consent of the vendor; under the same terms and conditions for two (2) additional one- year periods, provided, however, that the title insurance premium rates will increase on a dollar-for-dollar basis, with any increase in the "promulgated rate" made by the Florida Legislature, or the Florida Insurance Commission Insurance: Since these conditions include insurance requirements, it should be noted by the bidder that in order to meet the County's requirement there might be additional insurance costs to the bidder's firm. It is therefore imperative that the bidder discusses these requirements with the bidder's agent; as noted on the Insurance Requirements pages, so that the bidder can make allowance for any additional costs. Special Note: Collier County Government is a member of the SW Florida Purchasing Consortium. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this publicized request constitutes a bid made under the same conditions, for the same contract price, to the other members of the said Consortium. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. Prohibition of Gifts to County Emplovees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, and County Administrative Procedure 5311 and 5311.1. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. EXHIBIT A Page l of ~ Bid No. 05-3805 . "Annual Agreement for Preparation & Delivery of Tille and for Real Estate Closing Services" CONTRACT PROPOSAL FROM: American Acquisition Title, Inc. 5600 Mariner Street, Suite 104 Tampa, Florida 33609 DUE: at 2:30 pm RE: EXHIBIT Page I BID No 05-3805 -~ "Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services" Board of County Commissioners Collier County Government Center Naples, Florida 34112 Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to furnishing preparation and delivery of title commitment services and real estate closing services per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in fuJI, in complete accordance with the attached specifications, according to the following unit prices: Title Commitment (Includes Search & Examination Fees) $ 350.00 *** (flat rate) $ 50.00 (flat rate) Update of Commitment (Endorsement to Initial Commitment) Risk Premiums for Title Insurance (Over & above minimum $100 rate set forth in law) $ 0 to $ 100,000 real property value $ 5.75 1$1,000 $ 5.00 1$1,000 $ 2.50 1$1,000 $ 2.25 1$1,000 $ 2.00 1$1,000 $ 175.00 per Parcel $ 75.00 per Waiver $ Varies * each $ 100,001 to $ 1,000,000 real property value __ $5,000,001 to $10,000,000 real property value $1,000,001 to $ 5,000,000 real property value Over $10,000,000 real property value Real Estate Closing Services Waiver and Release Services Recording Fees (to be added to invoice as a Separate item) ** Liability written under $ 60,800 shall be at the flat rate of $ 350.00. - /I r \ \ ...3""",,1, "1,,:,,</,, ($ 1SG} ~uL..j~a tv GI":,,,ge dtle to Go",plexity of !tlbj~et I'ered ~ _\ $ 1 0001 SlP~9: $ 850 each add'" @J 1686 B of J 1686 AMERICAN ACQUISITION TITLE, INC. FULL SERVICE REAL ESTATE COMPANY FLORIDA COUNTIES COVERED: *PINELLAS *HILLSBOROUGH * PASCO *POLK *COLLIER * CHARLOTTE MANATEE * SARASOTA * LAKE *PUTNAM * MARTIN *SEMINOLE *HERNANDO *VOLUSIA *LEON *ST.LUCIE CLOSING AND SHIPPING/HANDLING FEES: CLOSING $250.00 SHIPPING/HANDLING $100.00 (FOR MAILAWAYS AND PAYOFFS) SETTLEMENT STATEMENT FAXED TO ALL PARTIES IN ADVANCE OF CLOSING TO INSURE A SMOOTH AND PLEASANT CUSTOMER EXPERIENCE TITLE SEARCH & EXAMINATION OWNERSHIP & ENCUMBRANCE REPORTS $350.00* * $200.00 AMOUNT OF LIABILITY WRITTENT ORIGINAL ISSUE RA TE PER $1,000.00 $60,800 up to $100,000 $5.75 Over $100,000 and up to $1 million, add $5.00 Over $1 million and up to $5 million, add $2.50 INSURANCE: The rates specified are per one thousand dollars of coverage. However, any fraction of $100.00 should be considered as a full $100.00 for purpose of calculating premiums. Liability written under $60,800 shall be at the flat rate of $350.00. **Search charge ($150) subject to change due to complexity of subject parcel *MISC. RELEASES *COURIER *RECORDING *ETf!XHIBIT 13 CALL FOR QUOTE ~ . CONTACT: ~_2 of :1._ DENEE VANDYKE OR JANET SNYDER 1500 COLONIAL BLVD., SUITE 206 FORT MYERS, FL 33907 (239) 936-3302 (239) 936-8761 (FAX) 1686 Bid No. 05-3805 _ "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" PROPOSAL CONTINUED Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: _% _ Days; Net ~ Days Addenda received (if applicable): #1_ #2_ #3_ The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have he~~~d our names on this ?'-Ih day of ~' 2005 in the County of . ,in the State ofRoJU'lfrl. Rft... G: -..1' I ---B -- e.R.t.cF}JJ ~2u~t I'~Al I, ~ :bIJC. Firm's Complete Le I Name ' Check one of the following: o ~ o o Phone No. 9\3' J.81. g, q I FAX No. 8,3.<<S? B~1)' :)&:d) (}lAA.IJ.t.d.. St. I O~ Address ~~ PIA. .5~9 ~t~e,lz]P ~ BY: o..'T. VanDyke Typed and Written Signature t>R.e~t:b€f1T EXH I BIT IS Title Page 3: of .~ Sole Proprietorship Corporation or P.A. State of: rlo/l.i'ilR Limited Partnership General Partnership f/J. f~o' 1'191 :s NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your proposal pages. ANNUAL AGREEMENT FOR TITLE COMMITMENTS AND FOR REAL ESTATE CLOSING SERVICES THIS AGREEMENT, entered into this'~) 'If. ' day of (,\~r/:,01 , 2005 is by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter) referred to as "County"), and MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA, LLC, a Florida limited liability company, whose business address is 3936 N. Tamiami Trail, Naples, Florida 34103 (herein referred to as "Company"). 1686 WITNESSETH: In consideration of the mutual promises contained herein, County and Company hereby agree as follows: 1, SCOPE OF WORK - The Company shall provide title commitments to the County in accordance with the Specifications set forth in Bid No, 05-3805 "Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services", attached hereto as Exhibit "A" and incorporated herein by reference. 2, NOTICE TO PROCEED - The Company shall not begin work on any assignment unless the County has issued a Notice to Proceed with that particular assignment. Notices to Proceed with all new assignments shall be in writing. Facsimile transmissions and e-mails shall be deemed to fulfill this requirement. Requests for updates and endorsements may be made verbally. 3. INVOICING - Company shall submit a separate invoice for services rendered (or for commitments issued or for policy premiums due) along with each billable work product delivered to the County. Each Invoice must contain the County Project and Parcel Number in addition to the Title Commitment, or Title Policy Number. The Company's invoices must comply with the fees and rates as set forth on the "Contract Proposal" attached hereto as Exhibit "B" and incorporated herein. 4. PAYMENTS - The County shall make payments to the Company within thirty (30) days of receipt of invoice, unless the County exercises the provisions of this Agreement governing Completion/Correction of Assignments (Paragraph 9 below). a. PARTIAL PAYMENT - County will make partial payment of Closing Service fees in those instances where the Title Company has prepared all or some of the required closing documents, but for one reason or another, and through no fault of the Title Company, it is not possible, or it is not in the County's best interest, to close the transaction. The percentage of the fee paid will be negotiated based upon the amount of work performed by the Title Company on the subject parcel. 5. TERMINATION OF AGREEMENT - Should the Contractor be found to have failed to perform their services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause. The County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be the sole judge of non- performance. a. SUSPENSION OF CLOSING SERVICES - County reserves the right to terminate Closing Service on a parcel by parcel basis, without cause. In this event the County will make partial payment when the Company has commenced the preparation of the closing documents as part of the closing services to be provided. Payment will be based on a percentage of the total closing services completed by the Company. 6. AGREEMENT RENEWALS - This contract will commence on the date of award by the Board of County Commissioners. The initial contract term shall be for a period of two (2) years. The County retains the right to renew this Agreement, with the consent of the vendor, for two (2) additional one (1) year periods. Annual Agreement for Title Commitments & Closing Services Page 31 6 8 ~ 12. WORKERS' COMPENSATION INSURANCE - The Company shall maintain Workers' Compensation insurance adequate to cover all of its employees to the limits required by applicable state and federal laws. 13. GENERAL LIABILITY INSURANCE - The Company shall maintain during the term of this Agreement comprehensive commercial general liability coverage, including bodily injury and property damage, in an amount not less than the $300,000 combined single limits. The County shall be named as an "additional insured' on said policy; and the Company shall provide the County with an insurance certificate wherein the Certificate Holder as additional insured shall read as follows: "Collier County Board of County Commissioners, Naples FL." 14. INDEMNIFICATION - The Company shall indemnify, hold harmless and defend the County, and County's agents and employees, from all suits and actions, including attorneys' fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by the Company, and/or the Company's agents and employees. 15. MODIFICATION OF AGREEMENT - This Agreement may be modified only by written amendment executed by both the County and Company hereto. 16. NON-DISCRIMINATION - No person, on the grounds of handicap, race, color, religion, sex or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the performance of this Agreement, or in the employment practices of the Company. The Company shall, upon request, show proof of such non-discrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. 17. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida; and this written Agreement, including all exhibits hereto, constitutes the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous, written or oral agreements, provisions, conditions, or premises other than those so stated above. 18. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: As to the County: As to the Company: BK_&l) A, \~t'i tf (print or type person's name) 3936 N. Tamiami Trail Naples, FL 34103 TECM - Right-of-Way Office 2885 South Horseshoe Drive Naples, FL 34104 19. TIME IS OF THE ESSENCE when providing Closing Services. Annual Agreement for Title Commitments & Closing Services Page 16 8 6 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives the day and year first above written. AS TO THE COUNTY: ATTEST: " . t"i r I( DWIGH! E. BRt)'CK>C~ERK ,__ ", too, BOARD OF COUNTY COMMISSIONERS , COLLIER COUNTY, FLORIDA By: "'-jLk l;...) r. Fred W, Coyle, Chairman '\ r. . . r . , ~. ,:' ,~.'/ I ".: '., ", ,~. BY~;) a :~w...be . Att.siP~~e~'l.~':s s 1911tlfr(;.oel'I'~i':~"~}> _ t:t~... t AS TO THE COMPANY: -.J j) _. " () t"\ ~'\, . )~--< '\....~ -):, -\ i'"., '_. Witness (signature)' Name: L..' r\,\e... \(q~. , J.~ (pri~ or type) \ B;.N\J\ldd. \..- t... .~ r ~_ (,:_ , Witness (signature) Name: (!i~~~~) u.. \ \ '- :c,c, '0 MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA, LLC, a F10rida limited liability company ,/'. . !l" 'Jv<, --l- {.I ( ~:(l ~ 1 i.J ',I-. By: ',.'-..'" '- I; If . - / : signatureY , , --r-. , t' , d I ) w...." ,Wi 'rr ~-\:::--'I, l' ...:!. I v.', '; ;.\ (print or t~) " r , I (I ~:f;1~, .(1'. 1\}"' (corporate title) Approved as to form and legal sufficiency: & 1 J ,/'. Y ~i . 'L.. ':Y ( . .,Li< -c-~ --'Ellen T. Chadwell Assistant County Attorney Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing ServIces" 1686 SPECIFICATIONS These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to Preparation and Delivery of Title Commitments, issuance of Title Policies, and Real Estate Closing Services. It is the intent of the County to award this bid to multiple vendors. Title Commitments and Title Policies: Unlike the manner in which title commitments are normally ordered, Collier County (County) usually does not find the property it needs already listed for sale by its current owner. For each major land rights acquisition project (utility mains, roadway expansions, etc.) the County must contact the record title holders of the property and inform them as to how much of their property is sought for the construction of the contemplated improvements. Step One in the County's acquisition process is the preparation of legal descriptions of parcels of land or easements which the engineers and surveyors have determined are necessary in order to construct the proposed improvements. Once the acquisition department receives these legal descriptions, copies are supplied to the real estate appraiser(s) selected for the project; and at the same time, they are supplied to the title company(s) selected for the project. For this reason, the dollar value of the property is not yet known at the time the commitment order is placed. Proposed policy values, therefore, are usually "TBD" (To Be Determined). In addition, the County rarely purchases all or portions of subdivided lots in platted subdivisions. The County's land rights acquisitions are usually made along the borders of raw acreage properties. The greatest volume of work will be in support of roadway expansion projects, where strips of land from the frontage of properties must be acquired to expand the right-of-way corridor. Also, because these "strip takings" are not already listed for sale, our purchase negotiations take far longer than the average real estate transaction. It can often be ten (10) or twelve (12) months, or longer, between the time that the County first places an order for a title commitment, and the time that the County closes on the purchase of the property and orders a title policy. Because the County must order its title commitments in advance of reaching an agreement in order to ensure the County is, in fact, negotiating with the persons and/or companies with the lawful authority to sell, the County does not know at that time whether or not the County will be able to close the transaction. When the asking price of the property simply cannot be justified in the public interest, the County may change the design and consider locating its improvements elsewhere. When this happens, or when the County condemns property, there will be no order for a title policy. Condemnation also becomes inevitable when the project schedule does not allow enough time to resolve a complex title problem, such as the need for an estate to go through probate before the land can be disposed of through a typical real estate A closing. EXHIBIT Page I of B 1 _ _~ Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closmg Services" 168~ Another recent development that causes a greater percentage of parcels to be condemned than in years past, was the creation of Section 73.015, Florida Statutes, entitled "Presuit Negotiations." This new legislation places a statutory requirement upon the County to notify property owners that, in most cases, the condemning authority will pay for their attorney fees, and for the fees charged by all the expert witnesses employed to support a property owner's case. Lately, the County has also experienced a significant increase in property owner solicitations by both attorneys and appraisers, seeking authority to represent the owners in negotiations with the County. Depending upon the acceptance of the project by the affected community, or the amount of time allocated for negotiations, the County may close on a greater or lesser percentage of the parcels required for the project. It is conceivable that the County may have to condemn up to 75% of the parcels. Should this be the case, policies would only be ordered on 25% of the parcels. While the County occasionally requires a title commitment on a single property, more than likely, the County will be involved in a major public works project which affects many properties at the same time. For this reason, title commitments are often ordered in numbers (sometimes as many as twenty (20) to forty (40) at once). This is why the specifications for Preparation and Delivery of Title Commitments address the staggered delivery of title commitments where large numbers are ordered at once. Real Estate Closinq Services: Collier County desires to receive fixed-rate bids on the actual preparation of the legal instruments necessary to comply with the Schedule B-1 "Requirements" portion of the title commitment, and for those services required to obtain the proper execution of all necessary instruments, including, but not limited to: conveyance instruments, releases, subordinations, and affidavits, as well as the requests for estoppels, special assessments and tax prorations, and the preparation of closing statements required to close the real estate transaction and issue the title policy. (Note: as described in greater detail on page 10, the County usually requires privately held easements to be subordinated to the interest sought by the County, as opposed to accepting title "subject to" such easements.) The actual offer letters and official notices would be sent to the property owners by County staff; all negotiations would be conducted by County staff; and the preparation of all purchase agreements or easement agreements would be drafted by County staff. Upon the bilateral execution of a purchase agreement or easement agreement by the owner and County, the County may request the Title Company to close the transaction, rather than have staff prepare the closing documents and conduct the closing. The option to close "in-house" rather than ordering closing services from the Title Company resides with the County. EXHIBIT Page 1 A of g .. Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 Title Commitment Preparation 1. Title Commitments are to be prepared as follows: a. Schedule "A" must identify the specific interest in real property to be acquired by the County, the current record title holder of the fee simple interest in said real property, and the exact manner in which said title is currently held; b. Schedule "B-1 n must list onlv the requirements which must be fulfilled in the event a title policy is 10 be purchased. Requirements should be listed in reverse chronological order of the date of their filing in the public records, beginning with the particular instrument which must be executed by the current title holder in order to vest that particular real property interest with the County; and c. Schedule "B-2" must list onlv those easements and other restrictions to which any title policy would be subject (see Paragraph 3). These must be listed in reverse chronological order of the date of their filing in the public records. 2. In addition to the title commitments issued pending a fee simple acquisition, Company shall provide title commitments for easement acquisition, and shall NOT, in such cases, require the execution of a warranty deed, but shall instead itemize as a requirement the recording of an easement for the purpose(s) specified in the County's NOTICE TO PROCEED. 3. The County will either request the company to issue a title commitment for the parent tract, or for only the area of the legal description provided, and not for the entire parent tract, which request will accompany the NOTICE TO PROCEED. 4. At the request of County, Company shall issue an endorsement or update of a title commitment; and upon County's compliance with the requirements as set forth in Schedule "B-1 II and payment of the risk premium at the contract rate, Company shall issue County a title policy for the level of coverage equivalent to the value of the interest in real property sought by the County. 5. "Owner's Amount" (property value) shall state, "TO BE DETERMINED" upon the initial issuance of the title commitment. Unlike typical real estate purchasers, the County often seeks title information long before the valuation of the interest to be acquired is complete. 6. In addition to the terms and conditions governing invoicing contained in Paragraph 3 of the Annual Agreement for Title Commitments, all invoices, bills and/or statements must specify the exact service performed, Le., issuance of title commitment, issuance of title policy, etc. Invoices for title insurance premiums must be submitted with delivery of the title insurance policy. All invoices submitted for payment must be on Company letterhead and/or list Company as "payee". Invoices from entities other than the Company under annual contract with.the County shall not be paid. 7. County shall pay no penalty, fee or other charge for failure to order a title policy. In such instances, payments made by the County for title commitments and updated EXHIBIT 11 Page J of ~ "_ .I. Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing ServIcesn 168~ search reports shall be payment in full for title services rendered by Company related to the subject real estate. 8. Title commitments and updated search reports shall include as attachments, at no extra cost, leqible copies of all state and federal tax liens, ad valorem tax deficiencies, mechanic's and materialmen's liens, mortgages and financing statements, judgements, lis pendens, contracts for deed, recorded leases, easements and any and all covenants and restrictions of record affecting the real property sought by the County. 9, Where the portion of property sought by the County is part of the common elements of any homeowner's association, property owner's association or civic association, Company shall include with the title commitment a copy of all recorded instruments pertinent to said association, including but not limited to, declarations or protective covenants and restrictions, articles of incorporation, and corporate by-laws. Where the portion of the real property sought by County is part of the common elements of a condominium, Company shall include with the title commitment a copy of the declaration of condominium, articles of incorporation, corporate by-laws, and any amendments thereto. Copies of instruments should be attached to the title commitment in the same reverse chronological order as listed in Schedules "B-1" and "B-2". After the copy of the instrument that evidences the current record title holder, there should be attached in reverse chronological order copies of all those instruments listed in Schedule "B-1" and "B-2" regardless of whether reference is made to the instrument (OR Book and Page) in either Requirements (B-1) or Exceptions (B-2). NOTE: This is a slight change in procedure from the previous Specification. 10. Delivery of the title commitments shall be in accordance with the schedule below, where "delivery schedule" constitutes the total number of business days lapsing between issuance of Notice to Proceed by County and delivery by company of completed title commitments. Number of Title Commitments Ordered Delivery Schedule ** 1 to 3 4 to 6 7 to 12 13 to 25 Over 25 Update 6 Business Days 10 Business Days 15 Business Days 20 Business Days To be negotiated 6 Business Days **This delivery schedule shall govern unless an alternate schedule is submitted with Bid. 11. Company shall NOT require a certified survey as. a pre-condition to issuance of a title policy. EXHIBiT A Page 4- of g" -- ~ - -r Bid No. 05-3805 . "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing ServIces" 1686 12. Certificates of Good Standing from the office of the Secretary of State shall be listed as exceptions, and. NOT as requirements. County shall provide a copy of the Corporate Detail Record showing current corporate status, along with the Directors/Officers of the corporation from the Florida Department of State, Division of Corporations web site. 13. The recordinq of corporate resolutions in the public records shall NOT be listed as a requirement. 14. Schedule B-1, Requirements, may call for an Amended Notice of Commencement but shall not require that the Notice of Commencement be terminated. 15. Company shall provide the Property Appraiser's folio number for the parent tract from which County seeks an interest in real property. Ad Valorem taxes, both current and delinquent, if any, shall be itemized in the title commitment. 16. Initial orders for title commitments shall be in writing either on County letterhead, e- mail, or fax transmittal, and must include the name of the County employee placing the order. Updates and endorsements may be ordered by phone. Quantities: The quantities listed in the Contract Proposal are approximate and are for the purpose of bid evaluation. The County reserves the right to order such quantities as may be required during said period, but does not guarantee any minimum or maximum to be ordered during the period specified. A purchase order and a Notice to Proceed will be issued for each project. Real Estate ClosinQ Services: Again, upon the bilateral execution of a Purchase Agreement, Easement Agreement, or Agreement for Sale and Purchase by the owner and County, the County may request the Title Company to close the transaction, undertaking all tasks necessary to satisfy the requirements for title insurance. Should the County request the Title Company to close the transaction, the Title Company will prepare all closing documents. The Title Company will be provided electronic copies in Microsoft WORD format of the County's format instruments which have been approved by the Office of the County Attorney; including but not limited to: Deeds, Easements (of various types), all sorts of Affidavits, (GAP, Owner's and Non- Foreign, Public Disclosure, Trustee, Corporation and/or Partnership Affidavits, etc.), W- 9 Forms, Partial Releases, Subordinations and/or Satisfactions of Mortgage, Waivers of Interest and Proceeds, Amended Notices of Commencement, Subordinations of Encumbrance (various), and any other instruments required to clear title. In addition, and unlike typical real estate transactions. Collier County does not take title to property subject to utility easements. Instead. we require Florida Power and Ught Company, Sprint, and the various cable companies. as well as private easement holders, to subordinate their interests to that of Collier County through the execution of Utility and Easement Subordinations. As for the corporate utility easements, County staff prepares blanket, project-wide Subordination of Utility Interests documents for each company. As for any privately held easements, however, the County will look to the title company to prepare for execution the appropriate Subordination of Encumbrance document. With the exception of warranty deeds meeting the statutory requirements EXHIBIT It Page ~ of ~ . Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 for same, the Title Company must use the County-approved closing format documents. The Title Company may use its own Closing Statement or a HUD-1 Form. While the Agreement will generally dictate the latest possible date to close the transaction, there is some flexibility in scheduling the closing date, and the County always reserves the right to postpone closings. The Title Company shall discuss potential closing dates and a closing schedule with the County representative before one is decided on. Due to project time constraints, any postponement of a closing date must be approved in writing by the County representative. The Title Company shall provide County with draft copies of all closing documents for pre-approval a minimum of forty (40) days prior to a scheduled closing date. The County is hiring the Title Company to conduct closings in order to focus staff time on negotiations with property owners. It would be counter-productive for staff to spend valuable time reviewing closing documents containing errors, and then re-reviewing corrected closing documents. For this reason, the County reserves the right to consider the quality of a Title Company's document preparation in the selection of companies for future work assignments. The Title Company shall provide County with closing statements executed by the property owner(s) a minimum of twenty (20) days prior to the closing date. Rather than making payment to the Title Company via County Warrant, the County may elect to wire funds directly into the Title Company's escrow account prior to closing. The Title Company must provide the County with its Tax 1.0. number and account wiring instructions with its bid. The amount of the wire transfer will equal all disbursements to be made by the Title Company including, but not limited to, proceeds to sellers (property owners), attorney fees, expert witness fees, documentary stamp taxes, special assessments, ad valorem real estate taxes due from seller, and recording fees. Companies conducting real estate closing services for the County shall record the appropriate documents in the public records, and issue the title policies with the submission of the invoice for services and for the payment of policy premiums. County reserves the right to terminate closing services on a parcel by parcel basis. Partial payment will be made for all services on a percentage of completion basis. Temporary Construction Easements (TCEs): Often the County's contractor must temporarily enter onto private property (beyond the existing or even proposed right-of- way) in order to construct improvements IN the existing or proposed right-of-way. Rarely will the County seek subordinations from mortgagees or other interest-holders for temporary construction easements. In those instances where subordinations or releases will be necessary, County will so indicate in writing as part of its Notice To Proceed. Only when the effect of the temporary easement will be the destruction of expensive landscaping, or other site improvements, might the County seek the Subordination, Consent and Joinder of Easement from those holding a security interest in the property. (While property owners are compensated in an amount equivalent to the cost to replace the damaged improvements, there is no requirement that the EXHIBIT A Page 6 of ca Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 compensation be used for that purpose and, absent the replacement of the lost or damaged improvements, the value of the security interest may be diminished.) TCEs may be acquired in conjunction with another permanent parcel acquisition from the same parent tract, or they may be acquired as "stand-alone" parcels where no other interest is being sought by the County. Collier County wil! NOT order title policies for TCEs. However, Co!lier County WILL pay the Title Company the contract rate for Closing Services for closing a "stand-alone" TCE, regardless of the value of the TCE. Conversely, if a TCE is being acquired along WITH another permanent parcel from the same parent tract (same property - same owner) then the Title Company must prepare, and obtain the owner's execution of, the TCE: and shall record the TCE in the public records, along with the rest of the closing documents, and shall do so as part of the Closing Services being provided for the permanent parcel acquisition. In this instance the title Company's fee for this extra service shall be 10% of Company's Real Estate Closing Services fee for the permanent parcel from the same parent tract. Temporary Drivewav Restoration Easements (TDREs): The provisions (above) applicable to TCEs shall apply also to TO REs. Waiver and Release Services: Frequently, the project schedule for starting construction requires the County to file an eminent domain lawsuit against a property owner with whom we have reached an agreement, but with whom we cannot close until some "loose end" is tied up (like securing a satisfaction from a judgment creditor). When this happens, any and all tenants are named as defendants in the lawsuit and are served. In this instance we need to obtain Waivers of Interest and Proceeds or Waivers of Claim from each tenant before we can close. The County is seeking bids from Title Companies to obtain the 'execution of these Waivers. Bids should be in the form of a flat rate per Waiver in the space provided on the enclosed Contract Proposal. It is not required that a company bid on Waiver and Release Services in order to be considered for annual contract. Whether a Title Company does, or does not, bid on the Waiver and Release Services will have no effect on the selection of that Company. Partial Payments for Services Rendered: County will make partial payment of Closing Service fees in those instances where the Title Company has prepared all or some of the required closing documents, but for one reason or another, and through no fault of the Title Company, it is not possible, or it is not in the County's best interest, to close the transaction. The percentage of the fee paid will be negotiated based upon the amount of work performed by the Title Company on the subject parcel. Award: The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of bid shall be made to the. lowest, qualified and responsive bidder(s). The County reserves the right to award this contract through an approach which best serves the interests of the county; i.e., to a single vendor, multiple vendors, EXHIBiT A Page. 7 .of, 8 -- Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 or by a primary/secondary vendor basis, or on a category-by-category basis. Firms may offer proposals on title commitment services and/or real estate closing services. Term of Contract: This contract will commence on the date of award by the Board of County Commissioners, and be in effect for two (2) years. Contract Renewal: The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for two (2) additional one- year periods, provided, however, that the title insurance premium rates will increase on a dollar-for-dollar basis, with any increase in the "promulgated rate" made by the Florida Legislature, or the Florida Insurance Commission Insurance: Since these conditions include insurance requirements, it should be noted by the bidder that in order to meet the County's requirement there might be additional insurance costs to the bidder's firm. It is therefore imperative that the bidder discusses these requirements with the bidder's agent; as noted on the Insurance Requirements pages, so that the bidder can make allowance for any additional costs. Special Note: Collier County Government is a member of the SW Florida Purchasing Consortium. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this publicized request constitutes a bid made under the same conditions, for the same contract price, to the other members of the said Consortium. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. Prohibition of Gifts to County Emplovees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, and County Administrative Procedure 5311 and 5311 .1. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. EXHIBIT PageT g A of g - Bid No. 05-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Esta:te Closing Services" 1686 CONTRACT PROPOSAL Board of County Commissioners Collier County Government Center Naples, Florida 34112 m EXHIBIT B Page I of 2 '. r ___ ..-L.--.. ~ RE: 810 No 05-3805 - "Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to furnishing preparation and delivery of title commitment services and real estate closing services per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in complete accordance wi!h the att~che~ specifications, according to the following unit prices: - Title Commitment (Includes Search & Examination Fees) $ S15.,DO (flat rate) l DO .00 (flat rate) Update of Commitment (Endorsement to'lnitial Commitment) $ Risk Premiums for Title Insurance (Over & above minimum $100 rate set forth in law) $ 0 to $ 100,000 real property value $ c;l, '7r 1$1,000 $ ~ 00 1$1,000 $ ~ . sO 1$1,000 $ J, Dl~ 1$1,000 'j :) 0-) $ :x' () 1$1,000 $ '3.$6 . DOper Parcel $ 15~ D Q per Waiver $ 100,001 to $ 1,000,000 real property value $1,000,001 to $ 5,000,000 real property value $5,000,001 to $10,000,000 real property value Over $10,000,000 real property value Real Estate Closing Services Waiver and Release Services Recording Fees (to be added to invoice as a Separate item) $ 18. ~Oeach Bid No. t:'j-3805 - "Annual Agreement for Preparation & Delivery of Title and for Real Estate Closing Services" 1686 PROPOSAL CONTINUED Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and comp,uted in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net ~ Days Addenda received (if applicable): #1 #2 #3 The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. ~-~ryr/TN~S WHEREOF, WE have hereuntoj s!,bscribed our names 01:lhiSod 1~\ay of QJ' . ,2005 in the County of . 1 (t--L in the State of Q\I 1 4- . . \ d I'. LLtV C U\ dllN) of rtondt I US- Firm's Complete Legal Name -J Check one of the following: o ~ D D General Partnership Phone No. J ~- ()i.; d-- - ~ \ {p ~ FAX No. J.~q-;llpcA \olqO+ ~ - 3ri30 C\\ ) W\\\OJY\\ 1\~Cl\\ Address ~~~l K ~~\D~ City, Sta~, . IP I l-tt., Sole Proprietorship , . corporatiopr P.A..O'f LLC- State of:-{ond ct Limited Partnership BY: HIBIT 8 Page 2. of 2 pq- ,,~_. -.-.-'" -~ NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. 'Division of Corporations Page 1 of2 1686 Florida Profit AMERICAN ACQUISITION TITLE, INC. '_'___O_~~'~_~"""C_~~~~AW~~~_~W__~~~'~~~""~'^"__~~_<,_^~__~~,~,~__~,_~~~'~A"'~_~__ PRINCIP AL ADDRESS 5600 WEST MARINER STREET SUITE 104 TAMP A FL 33609 MAILING ADDRESS 5600 WEST MARINER STREET SUITE 104 T AMP A FL 33609 Document Number P99000005991 FEI Number 593552099 Date Filed 01/21/1999 State FL Status ACTIVE Effective Date NONE R t dA t egIS ere ,gen I Name & Address I SANTOS, F R 1509 W. SWANN AVE # 240 A TAMPA FL 33606 I Name Changed: 02/12/2004 I I Address Changed: 02/12/2004 I Officer/Director Detail I Name & Address II Title I VANDYKE, DENEE T B 5600 WEST MARINER STREET TAMPA FL 33609 rn~.~,__~_~_^~m.~_~__~w~',.w_~_~v__<~=~~'mm~_m_~_.~'V~^~~~,~'_~'_~m_n_n_n_'__~ . Annual Reports . http://ccfcorp.dos.state.fl. us/scripts/cordet.exe?a1 =DETFIL&n1 =P99000005991 &n2=NA... 4/1512005 - Division of Corporations Page 2 of2 I Report Year II Filed Date I I 2003 II 01/3 ]/2003 I I 2004 II 02/12/2004 I I 2005 II 02/04/2005 I 1686 Previous Next No Events NoN ame History Information Document Images Listed below are the images available for this filing. Q2/0_4!2DO~-- ANNUAL REJ>QRI Q2/ U/2Q04--ANNUALREPORI () 113112003 -~CQR -ANN REPNNIFORM BUS REP 02/07 aOQ2 ~-ANN JSEJ:>IUNIFQ~BUS REP 01125/2001 -~_ANNREJ:>lUNIFQRMBUS REP 02/1}L20QO--=-~ A~REJ>~IFQRM BUS REP 01121/1999 -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?a 1 =DETFIL&n 1 =P99000005991 &n2=NA... 4/1512005 2005 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P99000005991 Entity Name: AMERICAN ACQUISITION TITLE, INC. FILED Feb 04, 2005 Secretary of State Current Principal Place of Business: New Principal Place of Business: 1686 5600 WEST MARINER STREET SUITE 104 TAMPA, Fl 33609 Current Mailing Address: New Mailing Address: 5600 WEST MARINER STREET SUITE 104 TAMPA, Fl 33609 FEI Number: 59-3552099 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: SANTOS, F R 1509 W. SWANN AVE # 240 A TAMPA, Fl 33606 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: Title: Name: Address: City-St-Zip: PSTD ( ) Delete VANDYK, DENEE T 5600 WEST MARINER STREET TAMPA, FL 33609 Title: Name: Address: City-St-Zip: PSTD (X) Change ( ) Addition VANDYKE, DENEE T 5600 WEST MARINER STREET TAMPA, FL 33609 I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Section 119.07(3)(i), Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE: DENEE 1. VANDYKE Electronic Signature of Signing Officer or Director PRES 02/04/2005 Date 1689'~~ RESOLUTION NO. 2005 - 165 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE, A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF TWO BICYCLE AND PEDESTRIAN BRIDGES ALONG VANDERBILT DRIVE. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Local Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will reimburse Collier County up to the sum of $586,500 for the design and construction of two (2) Bicycle and Pedestrian Bridges along the west side of Vanderbilt Drive within Collier County, with one bridge crossing Little Horse Pass approximately 1,600 feet south of Wiggins Pass Road and the other bridge crossing the Cocohatchee River approximately 4,000 feet south of Wiggins Pass Road; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to install both of these Bicycle and Pedestrian Bridges, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; 1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Agreement. 2. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. ,1 THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this ;??7/l day of ~-?A~' ,2005. A TrEST::. ., , DWIGHT E.' BRa~l<, Clerk ,. ....... \.. \, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~: i&O L ~( ',. , .eputy Clerk At;~t. IS,' ~iodC~ 1,...,. · S sigAltnc.fJ. By ~W. ~ FRED W. COYLE, ChaIrm t form and legal sufficiency: _.~_.~.,- Item # L(Qffl ~~~;da ~ -~ {)5 " 16B~ State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJ MGT, RESEARCH & DEV OFC OGC -11/03 Page 1 of 12 FPN No 415590-1 Fund: MG' FLAIR Approo: Federal No: 7151 001 U Org. Code: 55014010106 FLAIR Obj.: FPN No, Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No, 03 Contract No: Vendor No.: F 596000558102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an aqencv of the State of Florida. hereinafter called the Department, and Collier County; Finance Department; 2671 Airport Road, Naples, Florida 34112 hereinafter called the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: . 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Pedestrian Bridaes and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A.B are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/29/2006 . If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to obseNe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 1689 525-010-40 PROJ MGT. RESEARCH & DEV OFC OGC - 11/03 Page 2 of 12 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 586,500.00 . This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. 1689 525"()1~O PROJ MGT, RESEARCH & OEV OFC OGC - 11103 Page 3 of 12 For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Departmen~ for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Scheduie: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "8" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(S) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(S) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the fOllowing criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMS Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMS Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMS Circular A-133 shall be submitted to the awarding FOOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FOOT office no later than 9 months after the end of the recipient's fiscal year. 1 Q.oao9 PROJ MGT. RESEARCH & DEV OFC OGC -11/03 Page 4 of 12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FOOT, the Comptroller, and the Office of thE~ ..~uditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMS Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow pUblic access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix 8 and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1 )(a), Florida Statutes) All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1)(b), Florida Statutes) If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract bv the Department. 1 6SS1S) PROJ MGT, RESEARCH & OEV OFC OGC .11103 Page 5 of 12 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. HoWever, notwithstanding any other provision of this Agreement, the Department may elect, by notice in writing, not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Aqreement. . 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty (120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of Its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions 16B19 PROJ MGT, RESEARCH & OEV OFC OGC -11/03 Page 6 of 12 imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Aareement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of those regulations. 1689 525..()1~ PROJ MGT, RESEARCH & OEV OFC OGC -11103 . Page 7 of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, qr voluntarily excluded from participation in this covered transaction, unless authorized by the Oepartment. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,. provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that ~he person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Non procurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: 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 Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement. or similar work, the Agency shall post, in conspicuous places available to employees arid applicants for employment for project work, notices to be provided by the Oepartment setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S. C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C. F. R., Part 21, and related statutes and regulations. 12.03 Americans with Oisabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. 1689 12.04 Public Entity Crime: 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a pUblic entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or pUblic work; may not submit bids 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. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 525.010-40 PROJ MGT. RESEARCH & DEV OFC OGC.11/03 Page 8 of 12 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 165819 PROJ MGT, RESEARCH & OEV OFC OGC - 11103 Page 9 of 12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Oepartment's satisfaction, the Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Oepartment. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal 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, qrant. loan, or cooperative aqreement. ,"~MG1.Q.i,9 OGC -11103 Page 10 of 12 If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section 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. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency C!> will 0 will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Oepartment should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Oepartment of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: sace Chairman or Desi~nee -' . -...... ..,' -......... <. By: Title: Director of Transportation Development . k . -- - """:':'-/ . At~t' ,'..' . to Chi 1....n I S r _,...._~1..lt*'.. ~f1. I . . . . . . . JJf Attest: : Title: Executive Secretary . ),." As to form: Jeffrey A. Klatzkow Assistant County Attar As to form: Item # [(0 (60 ~ --a0 ,,0 District Attorney Agenda Date See attached Encumbrance Form for date of funding approval by Comptroller. 1 65819 PROJ MGT, RESEARCH & DEV OFC OGC - 11103 Page 11 of 12 . FPN NO.415590-1 EXHIBIT A Project Oescription and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collier County Dated PROJECT LOCATION: The northern bridge will cross Little Horse Pass approx. 1600' south of Wiggins Pass Rd. and Vanderbilt Dr. intersection. The southern bridge will cross the Cocohatchee River approx. 4000' south of the same intersection. The project 0 is <!> is not on the National Highway System. The project 0 is <!> is not on the State Highway System. PROJECT DESCRIPTION: Construction of two pre-fabricated bicycle/pedestrian bridges. Both the northern bridge and the southern bridge will run along the west side of Vanderbilt Drive. All bridge segements will be within County road Right-of-Way. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 1. SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 04/05). Special Consideration by Agency: All work to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards, as amended. All work to be conducted within Department Right-of-Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2004 edition as amended, and (2) The FDOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition as amended. For all projects the following will apply: a) Section 287.055, F.S. "Consultants Competitive Negotiation Act" b) FDOT "Project Development and Environmental Manual," where applicable c) The Local Agency Program Manual The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the project, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect and approve the project for payment. 168..09 ATTACHMENT PAGE 1 The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 04/05). 16a90 AGENCY NAME & BILLING ADDRESS FPN. NO. ITATE Of 1lORIOA. DEPAJlNlNT OFTltAHIl'ORTAnoN 415590-1 Collier County LOCAL AGENCY PROGRAM , Finance Department AGREEMENT 2671 Airport Road EXHIBIT "B" Naples, Florida 34112 SCHEDULE OF FUNDING PROJ MGT, RESEARCH & DEV OFC OGC -11103 Page 12 of 12 PROJECT DESCRIPTION Name Pedestrian Bridges Termini Along the west side of Vanderbilt Drive Length N/A FUNDING (1) (2) (3) TOTAL AGENCY STATE & TYPE OF WORK bv Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS P.E. 2003-2004 $0.00 $0.1>0 2004-2005 $76,SOO.00 $76,SOO.00 200S-2006 Total PE $76,SOO.00 $0.00 $76.S00.00 Right-of-Way 2003-2004 2004-200S 2005-2006 Total RiClht-of-Wav Cost $0.00 $0.00 $0.00 Construction 2003-2004 $0.00 $0.00 2004-200S $510,000.00 $S10,OOO.00 200S-2006 2006-2007 Total Contract Costs $510,000.00 $0.00 $S10,000.00 Construction Engineering and Inspection 2003-2004 $0.00 $0.00 2004-200S 200S-2006 $0.00 $0.00 $0.00 Total Construction Engineering Total Construction Cost $510,000.00 $0.00 $510,000.00 ESTIMATED TOTAL COST OF THE $586,500.00 $0.00 $586,500.00 PROJECT The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after The Oepartmant will notify the Agency, In writing, when funds are available. July 1st each fiscal year. *No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon * legislative approval. ORIGINAL DOCUMENTS CHECKLIST & ROUTING!IY Rie ~~~~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T . $ ~. . ;!, .:' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only !lIk!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chainnan's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5 . Initials Date 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) 6. Minutes and Records Clerk of Court's Office Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was April 26, 2005 Agenda Item Number 16CI Aoproved bv the BCC Type of Document Satisfaction of Lien & Resolution Number of Original 2 \ Attached Documents Attached ~ 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 4/26/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Offtce has reviewed the chan es if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. ~ N/A t~ I: Formsl County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2005 - .1~ ._.!. ,il r~: j_ A RESOLUTION APPROVING SATISFACTION OF LIENS - FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 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 September 19, 1994 adopted Resolution No. 94-668 - authorizing the recording of notices of liens for the delinquent solid waste collection and g = disposal services special assessments for 1992; 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 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, 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. 59051 This Resolution adopted this dlb /It- day of A/NIl- second and majority vote. ,2005, after motion, ~ [ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . "'... ATTEST:. ,. ". ". . DWIGHf.~~:;<iBQC'f<;~t'LERK ~dAI#.k. A- N. to - C1\iJ nN,r', .,...... 'o.;J,~i-_'- Approved as to form and legal suffici BY: ~W. ~ FRED W. COYLE, CHAIR N- Item # J lD ~ I Agendil Ll.Z.b'05 Date ' ~ Date t.ll.lD5 Rec'd ~ I--f n:::c M2:I=""4CD .....;iI 0----3 bIdI ("""t" ""=::::0 --1 :::0 ~ .. "-' C> --...,. = _ C> ..... ~o--iiI "" ::r: "'" '" C> ;... -= o--iiI= ::r: ::-=> ~~ :>4 --- C> :>4 ~~ :>4 --- "" "-'= ~~. c......; <.n::::O 0"" ." ...... c:::: ..... g 0"" = (..T :-:-'~ 0--1::= ~ ~ oc:: ;...~ ::C:;;:o ~ t'" ::::0 ~ ~ .,. G'> "" ::r:~ o--iiI~ c......; ?" ~ --.: '" C> ex: ::-=> ...... 0"" C> ~~ ?' g 0-0 ~ ::; G"':l t:-" t::I;:I .- "" = ::-=> "". ~ t---' gex: ~o-I=== :' <= ~ :NI :>4 :>4 ~::-=> C> "" .....~ ..... ""- <n "" "" .... ....= == == This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 *** 3606549 OR: 3786 PG: 1841 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/29/2005 at 07:55AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 ~~~~~ TO THE BOARD 1 6 C 1 INTEROFFICE 4TH FLOOR EXT 7240 Property Folio No. 36912280005 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: Terry R & Rebecca L Travis 141 21 sl St. NW Naples, FL 33964 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 7 N1/2 OF TR 35 OR 1180 PG 1672 Folio No. PROJECT NO. Account No. 36912280005 61000 59051 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 ~~-11t day of I1fJiJ/1- .I. 2005. . ,,';';';. C<<"')", ~~IV --It.-',, ATT~~, .l:.......'.,. '''' ", ~ . "'" fw., DW;!S.Ht'S:~8RQCRc:~LERK " j' / ~;/ (i1.'; ,t.l ':. '~':; BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W ~ FRED . COYLE, CHAI M Roe.so Zees - ~b. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T~LI' Prio! 00 ~"k p'p"TA~ ~~~~~o!C2~~?~~~'?o~~ 2~~~~!.~Roo~~~'" 'OOti"~ G documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Office Initials Date 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) 6. Minutes and Records Clerk of Court's Office Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was April 26, 2005 Agenda Item Number 16C2 Aooroved bv the BCC Type of Document Satisfaction of Lien & Resolution Number of Original 2 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 4/26/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. ~g N/A A ! ~~ ! I: Formsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 .,) G2 RESOLUTION NO. 2005- ,l~7 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. 21681 This Resolution adopted this ,;)fc-M day of ,ql:Jf(/t.. second and majority vote. , 2005, after motion, ATTEST:", . "'i1,' DWIGt1J;'iE:B~~!5\CLERK ~~~lA!~,k~ ~t\~ 'W::'hi'~f' .' ~ 1,1-1...,. .1j~H~.,:-$t. ~':.' Approveg..as .~<;>..f.~rl1'). ;arid .("', .,.....) len~~ j.,...David. ig I D County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA Item # J 10 (!, l, Agenda I J"..,/ Date 't'c.o '06 Date Rec'd '..j.~7-();J ':~ I:;Id ......... (""':1 ::cJI I><f =z: t:- CD ~t-:I~c-t'" .... :0<> :::s "'--I :::::a :;.;: .. .......<=> ..... ..... 0-3 =.....<=> t-f <'> 0-3 _::x:: - "" <=> :>>- .... "., 0-3 = = - 00-" <=> <=> := :0<> ~~ :of- -<=> :of- ~~ :of- -.... .......= ~ t-' _ <...u Ln:::S CJ""o "" ...... c::> ...... g CJ""o = t...T1 :-:' ~ <....n ~ ~ c::> :>>- <'> :z: :;: c:::> ~ 00-" ::::cJ 1--t:x1 .. <;"> .... = <'> 0-3 ~ (,.A,) ~ ~ --.J "" 0 (Xl :0<> ........ a-.. <=> <'> <'> ?" g """'l:::;j <'>~Q t:"'"4 bd ..- .... :0<> :0<> "'" <'> ......... g(Xl :::i,..s:::. :-' l""--J ;;l :oE :oE :oE <'>::<:> <=>"'" ...., <'> ...... ....- CI> .... .... ........ .......= == == This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3606551 OR: 3786 PG: 1843 *** RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 04/29/2005 at 07~55AM DWIGHT B, BROCK, CLERK REC FBB 10,00 COPIES 1,00 16C2 Retn: CLERK TO THB BOARD INTBROFFICE 4TH FLOOR EXT 7240 Property Folio No. 62045160008 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: Mercado, Hilaria 5225 Johns St. Naples, FL 341138734 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: NAPLES MANOR UNIT 1 BLK 9 LOT 15 OR 306 PG 366 Folio No. Project No. Account No. 62045160008 65000 21681 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~&-mday of A-If(/~ ,2005. " '....4:\.._. ' ~'J t u i;J~l-')"'~ A TTESTi~~~>~" ' . ....: '.... t:.;", ", DWIG~f'(.J3BOCK" C~~K ~:~a~,*.~ / '. ".tji", h'_t~', Appro~.j:' " and legal SdffidleMcy ~DZ3/ --' County Attorney BOARD OF COUNTY COMMISSIONERS :~LLlER ~:t~RI~ FRED W. COYLE, CHAIRM Res.o ZOoS - Lb~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT'~n =-J ~nt on pink paper~A~~ ~~~~oc~~tCe2~~Ym~t~~~b~~~~~~~ t~~!r~~~c~~~o~~leted ~~n2riginal documents are to be forwarded to the Board Office onlY!!!kr the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. ~mary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) 6. Minutes and Records Clerk of Court's Office Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was April 26, 2005 Agenda Item Number 16C3 Approved by the BCC Type of Document Satisfactions of Lien & Resolution Number of Original 3 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 4/26/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/ A (Not A Iicable) 2. 3. 4. 5. 6. ~j N/A ~ ! IfMJ I I: Forms! County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2005- 168 16C3 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. 5490 23812 This Resolution adopted after this d-ft,-fA day of jff'tiJ/ t- majority vote. , l , 2005 after motion, second and BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST;'. ' " '. DWIGHTe/BROCK C~ERK , .: ':. t" {~,"'"~ ~.,~~ )~X~~_ k. -t. ' f<'~fi,' ~,~ ,\.h4il~". ~ APt>WJt.~ '~fd,.H{ ~nd le~~ JA'Da id C. W . el County Attorney BY: FR Agenda Dale :L:JiLtLS Date Rec'd 'i'Z'7'~5 btI t-t ~ :::.: I>< ::z:: c:- n:: ~'""":3bd1c- -~l=l "'-3 ::a' :;-: ~. "-'<=> ....-...;, =-<=> I--i r.> 0-3 -::.:: - "'" <=> :>>- ....~ ...;,= ::.:: - t:'"' <=> <=> ~ ~ =- .... r.> --- <=> "-'~ .0 '=' --- - "-'= ~.......- <.. <-.n:::> C ""M-C M-g'c = <- ::'~<- ~~I" :>>- r.> :o:::~c ~t:'"':;:'l ....~- C"> _ ::.:: r.> ...;,~<... ~~- "'" C> 0 ~- c <=> r.> r.> :-==~.., r.> ::: G t:'"' _ - ""~ ~ :>'< r.> to- ga ~..J: .:""..J: - t:'"' r.> ~ <=>- .", r.> .... -- en _ "" ..... .....= == == This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3606553 OR: 3786 PG: 1845 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 04/29/2005 at 07:55AM DWIGHT B. BROCK, CLBRK RBC FEB COPIBS Retn: CLBRK TO THB BOARD INTBROFFICE 4TH FLOOR BXT 7240 10.00 1. 00 P "''i' " I)! l -:1 Property Folio No. 26580480001 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: Brommeland, Deborah A Kristian Brommeland 1055 Coconut Cir W Naples, FL 341044415 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: COCONUT GROVE UNIT 1 BLK A LOT 12 OR 1944 PG 2192 Folio No. Project No. Account No. 26580480001 66000 5490 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 thisd0Y1iday of /}1J/!./J.-- ,2005. ", t~ ""i.t'..~ ~.;-~<<-:,~. ~ c:~~~~~'.1fJ. &~" ATTESt~ . ....~.\!". , . ",.", DW l~l~r~\~", ~'1~.~;!.~~ERK ~~4~A,k- . , ,- ~ ". '" - '. .-td.$'t. i.t tv' t~ 1~. .. JjJffi{QVM~tA, form ' and legal sufficiency ~D~9~ ~ 1- County Attorney BOARD OF COUNTY COMMISSIONERS COLLlE~UNTY, FLORIDA By: ~W. ~ FRED W COYLE, CHAIR ' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3606554 OR: 3786 PG: 1846 **l RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/29/2005 at 07:55AM DWIGHT E, BROCK, CLBRK REC FEE 10,00 COPIES 1,00 Retn: CLERK TO THB BOARD 1 , C 3 INTEROFFICE 4TH FLOOR ''J ._.' EXT 7240.. Property Folio No. 62045160008 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: Mercado, Hilaria 5225 Johns St Naples, FL 341138734 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 UNIT 1 BLK 9 LOT 15 OR 306 PG 366 Folio No. Project No. Account No. 62045160008 66000 23812 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 Af'f!./l- ,2005. "'. r~ ' (.z, ATTi=pq"'h" ..... ..~ D~fi~TE BRbG.~~.CLERK ~:.'i~k~/L !Y- . " . ~'~,. - " .~'. ~ \ . .,,:'....,. ~~Q U'~ form and Ig~ ~~m~fetlcy Ir~V~~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W ~ FRED W COYLE, CHAI ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLl TO ACCOMPANY'ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA ~ D 1> ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) -h PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Dee Chairman's signature arc to be L1elivered to the BCC ortice only after the Bee has acted to approve the item.) 2-: J,. ~ S. Sue Filson, Executive Manager Board of County Commissioners Name of Primary Staff Michael Dowling Phone Number 8743 Contact Agenda Date Item was A F/,L /L --.2.(",., .- Agenda Item Number /t.c ..L) / Approved by the BCC 0..0 ~ ) Type of Document L e' /-'1 ) e":' i) G.. r-;f Number of Original I Attached r-eC/1t Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and )ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a) licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this rouling slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 2. 3. 4. 5. I: Forms/ County Formsl BCC Forms/ Original Documents Routing Slip WWS Original 90304 Yes (Initial) N/ A (Not A Iicable) f\:Q? r~J ~ To S.F. MEMORANDUM Date: May 2, 2005 To: Michael Dowling, Property Mgmt. Specialist Real Estate Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Lease Agreement between Vanderbilt Properties, Inc. and Collier County Enclosed please find one copy of the document, as referenced above, (Agenda Item #16Dl), approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please call 774-8411. Thank you. Enclosure 1601 . Lease # 7~()16Dl. LEASE AGREEMENT THIS LEASE AGREEMENT entered into this~ ~ '~ay of (4"" I'L , 2005, between VANDERBILT PROPERTIES, INC., a Florida Corporation, whose mailing address is c/o Susan Hanson, 15 South 5th Street, Suite 900, Minneapolis, Minnesota 55402, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described in Exhibit "A" which is attached and made a part of this Lease, hereinafter referred to as the "Demised Premises", in order to provide a temporary parking area for beach goers and to provide a staging area for the constmction company building the LESSEE'S parking garage which is located nearby. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the mles or regulations of any public authority. ARTICLE 2. Ternl of Lease LESSEE shall have and hold the Demised Premises for a term of one year, commencing on the date in which LESSEE is issued a building pernlit for the proposed parking garage to be placed on LESSEE'S property which is adjacent to the Demised Premises. If LESSEE'S constmction should be completed prior to the one-year lease tenn, LESSEE shall have the right to terminate this Lease by providing LESSOR with thirty-day written notice of such termination. If LESSEE'S constmction should not be completed by the end of the one-year lease term, LESSEE shall be granted to the option, provided it is not then in default of any of the terms of this Lease, to renew same for an additional three months, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. ARTICLE 3. Rent In community-minded spirit, the LESSOR shall not require rent from LESSEE for this Lease and LESSEE'S use of the Demised Premises. LESSOR acknowledges that LESSEE'S promises under this Lease are sufficient consideration to LESSOR to render this Lease _ mutually binding on both parties hereto. ARTICLE 4. Other Expenses and Charges LESSEE shall pay all janitorial services, utility charges and maintenance of parking surface pertaining to the Demised Premises. ARTICLE 5. Modifications to Demised Premises LESSOR shall provide LESSEE with a minimum of 120 parking spaces for beach attendees' vehicles. Without any cost to the LESSEE, LESSOR shall improve the Demised Premises with a solid surface, in a material selected by LESSOR, which material is suitable for the subject vehicular parking. LESSOR covenants and agrees in connection with any maintenance, repal v6cD 1 erection, constmction, improvement, addition or alteration of any authorized modifications, ... additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. If LESSEE should elect to make any improvements at the Demised Premises, prior to making any such changes, alterations, additions or improvements, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of each desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for all of the same. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after thirty (30) days there has been no written rejection delivered by LESSOR to LESSEE regarding_said proposals or plans, then such silence shall be deemed as an APPROY AL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repaIr work, erection, constmction, improvement, addition or alteration of all modifications, additions or improvements by LESSEE to the Demised Premises, to observe and comply with all then applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease, including any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice (estimated to be one hour or less) to LESSEE, in each instance, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same or making repairs, or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to pem1it any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from the terms, conditions and covenants of this Lease. ARTICLE 8. Indemnity and Insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease. ARTICLE 9. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises tidy at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not commenced by LESSEE within ten (10) days of the 2 receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute rent whtlh ~ln 1 be paid by LESSEE within thirty (30) days of receipt of written notice of costs inc.Lel.JiJ LESSOR. A ARTICLE 10. Default by LESSEE Failure of LESSEE to comply with any provision of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 11. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perforn1 any such obligations. ARTICLE 12. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Estate Services 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Vanderbilt Properties, Inc. c/o Karen Hanson 15 South 5th Street, Suite 900 Minneapolis, MN 55402 Copy to: Office ofthe County Attorney Director, Parks and Recreation Dept. ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, including extensions, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSEE. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 17. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. 3 16D1 .. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: </ ~ c, -- c::2 () 0 ..:J BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA . ' ..,,,,' ",:.I},\ t t~, ':,f,4'i?/) ATTES''"];\i.''-'~):.'.'''''': . ..." " ..~. ,',' . ..,,~,I.,'\ DWl4irfl~ltO~~;...~rk . (':,~ . (~t ,tl;~4,{. -""'~~... .,~ f~ ;~~ ~ e.~t~ ',;-.,~' ". ;f~ : ~ : BY::' .",-< D.... ....... .C......l..... I;!\\',,' ..' (.... ...' Rf.l.f Y 'e. .\~.." ".. ~- -.f..~_..t!fy..,.~~.~.~" ._.-.....;.}',. . ,,'~lTsH, ,- t ....... -" ':,"~"'t~_;, . ,::~,:1" v' ot,. :'-'1'f:" .~. BY: 1'1--<L w. ~ FRED W. COYLE, Chairma AS TO THE LESSOR: DA TED: iJ-I'S~ 0 S VANDERBILT PROPERTIES, INC. BYC~ . JOUN - -, IZ.. AT~VK 'IV~ Pu2~ K.W~I' Secretary .,~~~~~ ~4TNESS (signature) , President Gt[iJbf V';)(ljtPVntV,l4-. print name Approved as to form and legal sufficiency: ~VV\PJ~ Thomas C. Palmer Assistant County Attorney r..:#- L(q-bL- ~ g,'nda J I ""il' .:!_ ~,,~~S '. ,'atf~ ~.t..q'05 . ~~~-. -.-~JI t ,. ......".. OiL_" .'<", " . 4 ,f I I'l ,: I t- u , ~ if ID Ill: ~ ~ (PLAT) 'ft'ATER\fAY (PLAT) WATERWAY I 'I ... ! I 1/ SOUTltBAY DRlVE I n fl~ (PUT) COlrl!AERCE STREET ~ Ig / I :>> I e ~ s ...:If I 01 I I ~~ ~G IX I / >- E==-~ i I ~ e i=-~ ~ I I ~ ~ ~ -t- ~I I ~J ~ ! - I f- i~ 6 I ~ ~ ~s ~ / IX I ~ ~8 i:>- I -< II l- I 0 gr:;- z !!! ~ III ~ 11. L ! ~ I 1)1 I tvld I J I I II I , Q ~ , I , J .. I GU1.F .-Slli1~~~ I , (PLAT) GULf SHORB DRlVE IT ~~l I \ \ I ~ ~ I ~~ ~U.6~eC-T 8 ! i - \, a ~ 18 0 . :... ,I '., .- ;;.:. . ~~. ~ ,. . .!)l\~. ,A ~=t: .. ':.... lb....':l.. .U .'! .. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L. D ') THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TlJIp,V " Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .. "'.~~ . exceotion of the Chairman's silmature, draw a line throu~h routin~ lines #1 throul!h #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. -r-. 2. 3. - A 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Terri Daniels Phone Number 732-2689 Contact Agenda Date Item was 04/26105 Agenda Item Number 16D2 Approved bv the BCC Type of Document Disaster Relief Agreement Number of Original 4 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 2... (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. J ~ 1: Formsl County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 1602 MEMORANDUM Date: May 3, 2005 To: Terri Daniels, Grant Supervisor Human Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Disaster Relief Agreement Enclosed please find four (4) original documents as referenced above (Agenda Item #16D2), approved by the Board of County Commissioners on Tuesday, April 26, 2005. Kindly forward the to the appropriate parties for the required signatures, and return one fully executed original to the Minutes and Records Department. If you should have any questions, please call 774-8411. Thank you. Enclosures (4) 16 D2 MEMORANDUM Date: May 3,2005 , J 1.A1i.dA.. Terri vaniels, Grant Supervisor Human Services ~~. Littila A. Houtzer, Deputy Clerk Minutes & Records Department To: From: Re: Disaster Relief Agreement Enclosed please find four (4) original documents as referenced above (Agenda Item #16D2), approved by the Board of County Commissioners on Tuesday, April 26, 2005. Kindly forward the to the appropriate parties for the required signatures, and return one fully executed original to the Minutes and Records Department. If you should have any questions, please call 774-8411. Thank you. Enclosures (4) 01/0112005 Agreement Number STANDARD A WARD AGREEMENT AREA AGENCY ON AGING HDD203.05 16 D2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT is entered into between Area Agency on Aging for Southwest Florida, Inc. d/bla Senior Solutions of Southwest Florida, hereinafter referred to as the "Agency", and Collier County Board of Commissioners. hereinafter referred to as the "Recipient". This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Agency and the recipient, Agreement No. HM004, and its successor, incorporated herein by reference. The parties agree: I. Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment Lof this agreement. B. Final Request for Payment: The recipient must submit the final request for payment to the Agency no more than 30 days after the agreement ends or is terminated. Any payment due under the terms of this agreement may be withheld until all reports due from the Recipient, and necessary adjustments thereto, have been approved by the Agency. II. The Agency Agrees: A. Obligation to Pay: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. B. Source of Funds: The costs of services paid under any other agreement or from any other source are not eligible for reimbursement under this agreement. The funds awarded to the Recipient pursuant to this agreement are in the state grants and aids appropriations. III. Recipient and Agency Mutually Agree: A. Effective Date: 1. This agreement shall begin on January 1. 2005 or on the date the agreement has been signed by both parties, whichever is later. 2. This agreement shall end on November 30,2005. 1 16 02 01101/2005 Agreement Number HDD203.05 B. Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this agreement shall follow the same procedures as outlined in Section III.B. and Section IILe. of the Master Agreement. C. Recipient Responsibility: Notwithstanding the pass-through language contained in the Assignments and Sub- agreements clause of the Master Agreement, the recipient maintains responsibility for the performance of all subrecipients and vendors in accordance with all applicable federal and state laws. D. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the grant manager for the Agency for this agreement is: Leigh E. Wade, Executive Director Area Agency on Aging for Southwest Florida, Inc. d/bla Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 239-332-42331 SC 748/6947 2. The name, address, and telephone number of the representative of the Recipient responsible for administration of the program under this contact is: Barry Williams, Director Human Services Department COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8154 3. In the event different representatives are designated by either party after execution of this agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this agreement. 4. The name (Recipient name as shown on page 1 of this agreement) and mailing address of the official payee to whom the payment shall be made: Barry Williams, Director Human Services Department COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 East Tamiami Trail Naples, Florida 34112 2 01/0112005 Agreement Num!r6HDLl~5 IN WITNESS THEREOF, the parties hereto have caused this 10 page agreement to be executed by their undersigned officials as duly authorized. ATTEST' . t ~~'J>D '. ":,-~ ...... ~/~ DWIaJ.::lT E.:BRo"CK."Cl~k ;_~_ , ;;,~ A By:~~~{.,~. " I IJ~ Dep~:Clerk .. ': ,c:;.~' . (/,~ '. . . .' -'~.,J '. "tt~t ..;/tt.~f.HiIa I S1,ut... ..11- Approved as to form and legal sufficiency ,---l DATE: January 31, 2005 FEDERAL ID NUMBER: 59-6000558 FISCAL YEAR END DATE: 9/30/05 RECIPIENT: COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '-1 n W. ~ By: ~ Fred W. Coyle, Chairman Board of County Commissioners Date: January 1, 2005 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA ~'\)' By: Roger B u garner Board President Date: January 1, 2005 DATE: January 31, 2005 3 01/01/2005 Agreement Numbe~ 6IIDDQ~ ATTACHMENT I Senior Solutions of Southwest Florida I. STATEMENT OF PURPOSE The Older Americans Act Disaster Relief Program is a federal program that provides emergency assistance to provide disaster relief and recovery through the provision of needed services to assist older persons and caregivers. Annually, natural disasters occur through floods, tornadoes, earthquakes and hurricanes and some may be serious enough to require a Presidential declaration of a state disaster. This declaration brings to bear the resources of the federal government in order to restore the public facilities of a community and to assist individuals in restoring their lives. Hurricanes Charley, Frances, Ivan and Jeanne all resulted in the issuance of Executive Orders #04-182,04-192,04-206,04-207 and 04-217 and Presidential declarations in Florida in August and September 2004. The purpose of this program will be to provide needed services and related assistance to older persons and caregivers affected in the hurricane impacted areas. II. SERVICES TO BE PROVIDED A. The services and related assistance will be provided in a manner consistent with and described in the recipient's application for disaster funding and the Department of Elder Affairs Home and Community-Based Services Handbook dated 1/03. In the event the manual or guidelines are revised, such revision will automatically be incorporated into the agreement and the grant manager will send a copy to the recipient's contact person. The recipient agrees to perform the services and related assistance of this agreement in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older American Act funds. 4 16 02 01/01/2005 Agreement Number HDD203.05 B. These services and related assistance are those which are necessary to maintain older disaster victims and their caregivers until they have recovered to the point where they do not need further assistance, to help provide the capacity to address problems that develop as a result of the disaster, and finally, to provide services that will be on-going in nature and that will transition to existing programs. c. This funding cannot be used to supplant funds for existing services and related assistance, but must be used specifically for the purpose described herein. This funding must not be used for services or related assistance provided by another funding source. Consumers will sign an attestation statement that the service or related assistance is hurricane related (name the specific hurricane(s)) and that they have not received any other source of help for the particular service or related assistance being provided under this agreement. Allowable Services Funds must be used to provide services and related assistance resulting from the emergency to maintain basic health and sustenance of elder consumers (targeting at-risk elders) and their caregivers experiencing hardship as a result of the effects of the Hurricanes Charley or Frances or Jeanne or any combination of the hurricanes. Services, related assistance, and unit rates that can be covered through this agreement include the Older Americans Act services as defined in the Home and Community Based Services Handbook, which are the following: Services . Case Aide . Case Management . Chore · Chore (Enhanced) . Counseling · Home Deli vered Meals . Homemaker . Legal · Material Aid - materials for repair, replacement of goods lost due to disaster, including clothing, hearing aids, dentures, eyeglasses, bedding and linens, etc. . Outreach · Respite (In Home) · Respite in Facility (Day Care) . Respite in an Institution . Information . Referral · Screening / Assessment Rate $21/hr $40/hr $36/hr $50/hr $50/hr Contracted Rate $18/hr $52.50 Varies $30/episode $18/hr $lO/hr $80/day $10/unit $ 18/unit $30/hr 5 . Transportation 16 02 Agreement Number HDD203.05 Contracted Rate 01/01/2005 Additional Allowable Services · Homeless relocation - moving, storage, relocation expenses and temporary housing for elders whose homes have been condemned. · Debris removal, mold and mildew removal resulting from hunicane damage. . Minor Repairs . Major Appliances . Roofing Repair III. Eligible Recipients In order to qualify for the services funded through Older Americans Act Disaster Program, an individual must meet the following criteria: · Be 60 years of age or older. · Caregivers of elder disaster victims (aged 60 or older) · Be a resident of the declared county. · Be a victim of a Hunicane Charley, Frances and/or Jeanne. · In need of emergency housing, services, and/or medical care as a result of a hunicane that cannot be provided through any other program and/or funding resource, including FEMA and/or Home Owner Insurance. · Determined eligible by the AAA or by Florida Rural Legal Services for legal assistance. Under current law, all service providers funded under part B of the Act must follow priorities established by the recipient and approved by the Department for serving the elderly, providing assurances that preference will be given to those with the greatest economic and social need, with particular attention to low income minority older individuals residing in rural areas. Because of the nature of hunicane disaster the AAA understands that clients will be identified and served that fall out of the normal targeting category as described above. However, clients served must still meet all eligibility criteria as detailed in the "Eligible Recipient" section of these guidelines. IV. General Criteria · For structural repairs, the applicant must be the owner I normal resident of the home. · Service priority to those without Homeowners Insurance and/or are unable to afford homeowner deductible(s). · OAA funds expended cannot duplicate funds received from Homeowners Insurance Company or FEMA · Funds may be used to provide for services that would be paid for by the deductible. · Debris removal - applicant must own and normally reside at residence on property. 6 01/01/2005 Agreement NumbeJ ~DD3.Z · Stumps and trees will not be removed unless in an area that impacts homeowner safety and security. · Trees that have been damaged and must be either cut down or trimmed must be in the immediate vicinity of the home. · Damage pre-existing hurricanes, i.e., old brush piles, downed trees, etc. are not eligible for reimbursement of cost under this grant · Fences - fences that fell as a direct result of one or more of the 2004 hurricanes can be removed and hauled away, but fences will not be replaced unless essential for security / pets. · Detached Sheds - detached sheds damaged or destroyed as a direct result of one or more of the 2004 hurricanes can be removed and hauled away. The shed will not be replaced. · Restoration of shoreline, boat ramps, sea walls and landscaping are not allowable expenses. · Estimates for service must indicate breakdown between Materials (Material Aid) and Home Repair (Labor and Subcontractors) Non- Traditional Providers Due to the nature of disasters and the availability of contractors, non-traditional outside vendors may be utilized to provide services. Direct Disbursement to Clients Clients may have chosen a vendor and secured estimates for services required. Direct disbursement in the form of a two party check may be made to the client in order for services to proceed. The client, prior to the disbursement of the check, must complete a Request for Assistance and sign the attestation included. In such a case, an endorsement clause will be printed on the back of the check indicating that all goods andJor services have been received and the endorsement will indicates that the goods andJor services were received, provided to the client's satisfaction and were for hurricane damage repairs only. Authorization and Initiating Services For Lead Agency services, once the AAA has determined an applicant eligible for service then the following should occur: 1. AAA will issue authorization for services. 2. The Lead Agency will initiate and coordinate service. 3. The Lead Agency will maintain an up to date case record for the client. Case Record Requirements - An individual client file should be established to maintain all client specific records. The case record requirements are listed below: 7 16 02 0110112005 Agreement Number HDD203.05 · 701 A Assessment forms is required at minimum - a 701 B may be substituted. (Lead Agency only.) . Three month care plan (Lead Agency only.) . Proof of age. · Case Notes documenting client contact, status, services needed, services provided, etc. · Invoices for services received from outside providers. · Request for Assistance form with attestation statement and indication of which hurricane caused the damage / loss. (Consumers must sign an attestation that the service or related assistance is hurricane related and that they have not received any other source of help for the particular service or related assistance being provided under this agreement.) · Copy of Insurance Settlement letter · FEMA determination letter . Estimates, if applicable. · Indication of Home Ownership for those seeking structural repairs or debris removal as a result of the hurricanes. CIRTS Requirement · Clients receiving services funded through OAA disaster funding should NOT be entered into CIRTS. · If it is determined the client needs long-term services unrelated to the Hurricane(s), then the appropriate 701 assessments should be completed. These seniors should be prioritized and enrolled for new services according to the usual and customary procedures and prioritization guidelines for entry into OAA and State funded services. v. METHOD OF PAYMENT The method of payment in this agreement is unit cost reimbursement according to the rates listed on page five (5). All payment requests for expenditures shall be based on the submission of weekly actual expenditure reports. Reporting Requirements The recipient will submit a weekly report to support the request for payment that includes a list of services provided, units, and unduplicated consumers served by service or related assistance. The report will include a year to date summary for the services or related assistance, units and unduplicated consumers. The recipient shall maintain documentation to support payment requests that shall be available to the State Comptroller or the Department of Elder Affairs or other authorized state and federal personnel upon request. Any payment due by the AAA under the terms of this agreement may be withheld pending the receipt and approval by the AAA of all financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outline in Section IT. of the Master Agreement. 8 0110112005 16 02 Agreement Number HDD203.05 Special Provisions The recipient assures compliance with Section 315 of the Older Americans Act as amended in 2000, in regard to consumer contributions. Sub recipients may charge co-payments to those persons able to pay part or all of the cost of services only for services not paid for with Older Americans Act funds. VI. Technical Assistance 1. Will entry into CIRTS be required? Answer: No. 2. If no CIRTS entry is required, how will the AAA keep track of the payouts? Answer: A client / service tracking log form will be maintained at the AAA. It will contain the client's name, service, name of supervisor authorizing and amount authorized. When invoices are submitted, fiscal will update the log to show amount dispersed for authorized services. 3. Will there be some kind of approval process required? Answer: the AAA must approve / authorize all services. The Disaster Relief Coordinator will have authority to authorize up to $10,000. For amounts exceeding this, further approval from either the CFO or Program Manager will be required. 4. Will these be unit cost reimbursable or straight cost reimbursement? Answer: Unit cost reimbursement will be utilized for most vendor services. Straight cost reimbursement will be utilized for all other services (i.e., home improvement, repairs and roofing, material aid, enhanced and industrial chore, homeless relocation, etc.). However, available unit cost information should be utilized to determine if estimates and/or bids are fair and customary. Where there are concerns regarding estimates, or mold/mildew mitigation is needed, Senior Solutions will authorize an evaluation of the estimates / situation by a professional. 5. Can repairs already completed be reimbursed? Answer: Yes, provided all eligibility requirements have been met and only to the extent that supporting documentation is available. 9 01/01/2005 16 02 Agreement Number HDD203.05 A TT ACHMENT II OLDER AMERICANS ACT PROGRAM AGREEMENT REPORT CALENDAR Report Number Based On 1 2 3 4 5 9 10 11 12 13 14 February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report Final Expenditure and Request for Payment Report Submit to Agency On This Date March 10 April 10 May 10 June 10 July 10 August 10 September 10 October 10 November 10 December 10 January 10 Note: Monthly Invoices (see attached) are to be submitted to Delores Kadlec-Roussey, CFO, Senior Solutions of Southwest Florida 10 MEMORANDUM 16 D3 Date: May 3, 2005 r;Jtf~ Terri Djniels, Grant Supervisor Humari Services ~' Li~ A. Houtzer, Deputy Clerk Minutes & Records Department To: From: Re: The Older Americans Act Agreement Enclosed please find four (4) original documents as referenced above (Agenda Item #16D3), approved by the Board of County Commissioners on Tuesday, April 26, 2005. Kindly forward the to the appropriate parties for the required signatures, and return one fully executed original to the Minutes and Records Department. If you should have any questions, please call 774-8411. Thank you. Enclosures (4) Amendment #001 Agreement #OAAlG D 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AMENDMENT is entered into between the Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "Agency", and Collier County Board of County Commissioners, hereinafter referred to as the "recipient" amends Agreement #OAA203.05 1. The purpose of this amendment is to increase funding of $5762 to Title III-B, $20,614 to Title III C1 Congregate Meals, $17,372 to C2 Home Delivered Meals, and $5,366 to Title III-E Services. This amendment shall be effective on February 10, 2005. All provisions in the agreement and any Attachments thereto in conflict with is amendment shall be and hereby changed to conform with is amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract and the Master Agreement. This amendment and all its attachment are hereby made a part of the agreement. IN WITNESS THEREOF, the parties hereto have caused this ~ page agreement to be executed by their undersigned officials as duly authorized. COLLIER COUNTY HUMAN SERVICES BY: ATTEST~f\' (3@:t;li/';~'" "\";\1' - 'illJl. " DWIQar. E. 'BRO~~~ Clerk . '. '. -" ~. Ow. ~c"~ .:....:J . "- ," , ,,~"~;I ": ~:~ By- J ' ,~ De. .llty Cle~'j\~Y. ..jE.:; MtHt '.dte..aii~'1 .,...... /.~~~1'.'J'~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By '1uJ.- w. ~ Fred W. Coyle, Chairman Board of County Commissioners Date: February 10, 2005 Approved as to form and legal sufficiency ~ AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA BY~~ Roger Bu gamer Board President Date: February 10. 2005 Witness: Print Name: 1 Amendment #001 16 Agreement #OAA203.05 03 Program Title Year Funding Source CFDA# Fund Amounts Older Americans Act 2005 U.S. Dept. Of Health and 93.044-045 and Human Services 93.052 Title IIIB Support Services 2005 U.S. Dept. Of Health and 93.044 Lead Agency Operations Human Services $51,666.00 Spending Authority $292,776.00 III C1 Congregate Meals 2005 U.S. Dept. Of Health and 93.045 Lead Agency Operations Human Services $38,041.00 Spending Authority $215,565.00 Title III C2 Home Delivered Meals 2005 U.S. Dept. Of Health and 93.045 Lead Agency Operations Human Services $33,247.00 Spending Authority $188,398.00 Title III E Services 2005 U.S. Dept. Of Health and 93.052 Lead Agency Operations Human Services $12,534.00 Spending Authority $71,026.00 TOTAL FUNDS CONTAINED IN THIS $903,253.00 AGREEMENT: The Legal Service allocation for Collier County is $ 22.231.00 . PSA I & R is $38.447.00 . These allocations are included in the Title III-B spending authority allocation shown above. 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt 6 E 3' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Oftlce. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) O/l( -.5/) )0 S ~ (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the Bee Type of Document Attached 1. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 71-y'f''fO /L.. C=. 3 U Yes (Initial) N/A (Not A licable) 6. Minutes and Records Clerk of Court's Office ~ /' I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BeC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on z~ () (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a Iicable. 2. 3. 4. 5. 6. 16E3 MEMORANDUM Date: May 4, 2005 To: Linda L. Jackson, Contract Agent Purchasing Department From: Lilnda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract No. 05-3761: "SAP Consulting Services" with: Rapidigm, Inc. TUI Consulting, Inc. Enclosed please find three (3) original documents, as referenced above,(Agenda Item #16E3), approved by the Board of County Commissioners on Tueday, April 26, 2005.. Kindly forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 774-8411. Thank you. Enclosures (3) AGREEMENT 16E3 ',if No. 05-3761, "SAP Consulting Services" THIS AGREEMENT, made and entered into on this:??t...ft day of April, 2005, by and between Rapidigm, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The Contractor shall commence the work following, execution of this Agreement and upon issuance of a Purchase Order for written Work Orders (s) as approved in advance by the County Information Technology (IT) Director or his designee as specified in Section 2, "Statement of Work". 2. STATEMENT OF WORK. The Contractor shall provide professional SAP consulting services for Collier County as required and mutually agreed upon by the County IT Director or his designee and Contractor. Such services shall be attached as sequentially numbered Work Order forms. Each such Work Order shall be approved in writing by the County IT Director or his designee prior to the Contractor's commencement of work for each task. Any changes to the Work Order shall be made in the form of a written Change Order signed by the County IT Director or his designee and Contractor. 3. COMPENSATION. The County shall pay the Contractor for work performed under this Agreement in the amount(s) specified by each individual Work Order, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Contractor when requested as work progresses; as accepted and approved by the County IT Director or his designee, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 4. TRAVEL AND REIMBURSABLE EXPENSES. Travel expenses shall be reimbursed at the rates as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Milea e Breakfast Lunch Dinner Airfare Rental car ,'Lod in Parkin Taxi or Air ort Limousine $0.29 er mile $3.00 $6.00 $12.00 Actual ticket cost Actual rental cost Actual cost of lod in Actual cost of arkin Actual cost of either taxi or air ort limousine Reimbursable items other than travel expenses shall be limited to the fOllOWinj ;Pho3 long-distance charges, fax charges, photocopying charges and postage. Reimburs I paid only after Contractor has provided all receipts. Contractor shall be responsible or ~ . costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SCHEDULE. The Contractor agrees to complete the services as required pursuant to this Agreement within the time period as specified by the individual County approved Work Order(s). 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed to the Contractor at the following address: Rapidigm, Inc. 5509 West Gray Street Suite 201 Tampa, FL 33609 Attn: Michael Blalock Fax No. 813-289-2859 All notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Director - Purchasing Building 3301 Tamiami Trail East Naples, Florida 34112 Fax No. 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 2 16E3 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should Contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers. Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. E. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 3 16E3 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 13. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the IT Department. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, RFP No. 05-3716 "SAP Consulting Services", Insurance Certificate, Hourly Rate Schedule "Schedule A", and Sample Work Order "Exhibit A". 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 4 Marsh, Inc. Q/6/2005 3:25 PM PAGE 2/002 Fax PRODUCER Marsh USA Inc. Six PPG Place, Suite 300 Pittsburgh, PA 15222 Attn: Myles Rooney (412)552-5160 CERTIFICATE NUMBER C LE-0013624954J1 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDEO IN THE POLICY. THIS CERTIFICATE DOES NOT AMENO, EXTEND OR Ai TER THE COVERAGE IlFFORDED BY THE POLICIES DESCRIBEO HEREIN. COMPANIES AFFORDING COVERAGE CCMPflNY 101035-ALL-04l05 A ST. PAUL FIRE & MARINE INSURM,JCE CO INSURED RAPIDIGM COMPUCOM, INC. 4400 Campbell's Run Road Pittsburgh, PA 15205 CCMPflNY B N/A CCMPflNY C CCMPflNY D THIS IS TO CERTIFY THAT POoIOES OF INSURANCE DESCRIBED HER8N HAVE BEEN ISSUED TO THE INSURECJ NMv1ED HEREIN FOR THE POoICY PERIOD INDICATED NOTWTHSTANDING ANY REQUREVENT, TERM OR cor.DITIO\I OF ANY CONTRACT OR OTHER DOCUMENT\MTH RESPECT TOWHICH THE CERTIFICATE MAY BE ISSJED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUOES DESCRIBECJ HER8N IS SUBJECT TO N.L THE TERMS, CO,IJDITIONS AND EXCLUSlOIJS a: SUCH POUOES AGGREGATE LIMITS 5-1011I4\I MAY HAVE BEEN RECJUCED BY P"'D CLAIMS CO lYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION L1M ITS L TR DATE (MMIDDNYI OATE (MMIDDNY) A GENERAL L1ABILllY TE01201753 06/01/04 06/01/05 GE,IJERAL AGGREGATE $ 2,000,000 COMMERQJIL GENERAl LIABILITY PRODUCTS- COMPIOP AGG $ 2,000,000 ClAIMS MJlDE ~ OCCUR PEROONJIL & ADVINJURY 1$ 1,000,000 CMlNER'S & CO\ITRACTOR'S PROT EACH OCCl..RRENCE $ 1,000,000 FIRE DAMAGE (Anyone ftre) $ 1,000,000 MED EXP Any 0'1 e oeo-son) 1$ 10,000 A ~TOMOBILE LIABILITY TEa 1201753 06/01/04 06101/05 1$ 1,000,000 COII1BINED 9IJGLE LIMIT X HolY AUTO ! JILL OM'<ED AUTOS BODIL Y INJURY 1$ s::HEDULED AUTOS (Per p€<'son) X HIRED AUTOS BODIL Y iNJURY $ X NO\I-OVlrNED AUTOS (Per accident) PROPERTY DM~AGE $ GARAGE L1ABILllY AUTO ONLY .EAACCIDENT HolY AUTO OTHER THAN AUTO ONLY' EACH ACCIDENT AGGREGATE EXCESS LIABILllY EACH OCCURRENCE UMBRELLA FCRM AGGREGATE OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION ANO WJA1208405 (RAPIDIGM) 06/01/04 06101/05 X EM P LOYE R S' LIABILITY A WJA1208417 (COMPUCOM) 06/01/04 06101/05 THE PROPRIETORI X INCL EL DISEASE-POLlCY LIMIT PARTNER&I":J<ECUTIVE CFFICERS ARE EXCl EL DISEASE-€ ACH EMPLOYEE 10 H I I DESCRIPTION OF Ol'ERATIONSILOCATlONS/VEHICLESISPECIAL ITEMS Eviden ce of In surance Collier County Government A TTN: Linda Jackson 3301 East Tamiami Trail Naples, FL 34112 51-fOI.A.D ANY OF THE ~OllCIES DESCR.IBED HEFlEIN Be CANCB...lED 8EFORE THE EXPIRATION ,::lATE THER.ED=. THE INSURER AFFOR.DING COVERAGE WILL ENDEAVCR TO MAt.IL ----3Jl DAYS WRITTEN NOTICE TO THE CERTIFICATE HO...DER NAf\r'ED HER.EIN, Bur FAILURE TO MAIL SUCH NOTICE SHl\LL IMPOSE NO OBlIG'.T1CN CR LIABILITY OF ANVKIND Ur'ONTHE IN9...RER AFFORDING COJERAGE. ITS AGENTS OR: REPRES;:NTATIVES. OR. THE ISSUER. QF THIS CERTIFICATE ;:::~::::::;;tt;:::,::;~t:::::::: .:::~:;;{.:::::::;:;:::::;~-_..--. ~:~::::; IN WITNESS WHEREOF, the Contractor and the County, have each, respectively~PaE 3 authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. ~ Fred W. Coyle, Chairma Rapidigm, Inc. By: ,.~ Signature 5rt:67fV\'~ IV Typejpri wi ess name Brett Wheeler, Vice-President 8tft 6vL~~h- liile: P','j:),,,,1- l?.-~tt wL('dv VI',- ~qi J'1" Typed signature and title /Vlb.l"/< ~ ~ f~~t i e- Typej print witness name CORPORATE SEAL (corporations only) Approved as to form and legalsu .. ~ Item # /b E ~ ~~~nda 1'Zb '05 Date Rec'd ~. "-/'Q5 5 SCHEDULE "A" HOURLY FEE SCHEDULE Rapidigm, Inc. 16E3 SAP Consultants Onsite Offs ite Offshore Project Managers $150 NA $30 Functional Consultants $130 $130 $28 ABAP Consultants $105 $105 $26 BASIS Consultants $125 $125 $28 6 EXHIBIT "A" 16E3 WORK ORDER # Agreement for Title of Contract Dated: mmm...' 2005 (RFP/Bid 00-0000) This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated , 2005, which is attached hereto and made a part ofthis Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within.days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following methodes): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, (define which method will be lIsed for which tasks) as provided in the attached proposal. Task I $ Task II $ Task IIf $ TOT AL FEE $ Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: Name and Title Date APPROVED BY: (Dept Name) Department Director Date APPROVED BY: (Division) Administrator Date ACCEPTED BY: (Company Name) Signature of Authorized Company Officer Date Type or Print Name and Title 7 MARSH UMBER 95-08 o S NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE OV I THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE PRODUCER Marsh USA Inc. Six PPG Place, Suite 300 Pittsburgh. PA 15222 Attn: Myles Rooney (412)552-5160 101 035-ALL -04/05 COMPANY A ST. PAUL FIRE & MARINE INSURANCE CO INSURED RAPIDIGM COMPUCOM, INC. 4400 Campbell's Run Road Pittsburgh, PA 15205 COMPANY B N/A COMPANY C COMPANY o THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUEO TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYYI DATE (MMIDD/YY) A GENERAL LIABILITY TE01201753 06/01/04 06/01/05 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS. COM PlOP AGG $ 2,000,000 CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 $ 1,000,000 $ 10,000 A AUTOMOBILE LIABILITY TE01201753 06/01/04 06/01/05 $ 1,000,000 COMBINED SINGLE LIMIT X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONL Y EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND WVA1208405 (RAPIDIGM) 06/01/04 06/01/05 X EMPLOYERS' LIABILITY A WVA1208417 (COMPUCOM) 06/01/04 06/01/05 $ 1,000,000 THE PROPRIETORI X INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATlONS/LOCATIONSIVEHICLESISPECIAL ITEMS Certificate Holder is named Additional Insured with respect to General Liability coverage where required by written contract. CERTIFICATE HOLDER Collier County Government A TIN: Linda Jackson 3301 East Tamiami Trail, Bldg. G Naples, FL 34112 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ---3.0. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE MARSH USA INC. BY: R Scott Holden ~ · r (J...",. N.... ...~ VALID AS OF: 04/27/05 MARSH CERTIFICATE NUMBER 68213-01 ERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER T T P THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAiE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE PRODUCER Marsh USA Inc. Six PPG Place, Suite 300 Pittsburgh, PA 15222 Attn: Dona Thompson (412) 552-5194 RAPIDIGM 4400 Campbell's Run Road Pittsburgh, PA 15205 COMPANY A American International Specialty Lines Ins. CO. COMPANY B Federal Insurance Company COMPANY C 101035-EO/CR-EO/CR-04/05 INSURED COMPANY D THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MM/DDIYY) LIMITS AUTOMOBILE LIABILITY GENERAL AGGREGATE $ PRODUCTS - COM PlOP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ $ $ COMBINED SINGLE LIMIT $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR OWNER'S & CONTRACTOR'S PROT . ANY AUTO , ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY EXCL 4582618 06/01/04 06/01/05 AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT i $ AGGREGATE i EACH OCCURRENCE AGGREGATE ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A THE PROPRIETORI PARTNERS/EXECUTIVE OFFICERS ARE: Errors & Omissions (Professional Liab) INCL B Commerical Crime 81590423 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS Evidence of Insurance 06/01/04 06/01/05 EL DISEASE-POLICY LIMIT EL DISEASE-EACH EMPLOYEE Per Claim: $5,000,000 Aggregate: $5,000,000 Deductible: $250.000 Limit: $3,000,000 Ded $25.000 CERTIFICATE HOLDER Collier County Government ATIN: Linda Jackson 3301 East Tamiami Trail. Bldg. G Naples. FL 34112 SHOULO ANY OF THE POLICIES DESCRIBEO HEREIN BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ---30. OAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Linda L George ~h-~. ~ 04/27105 AGREEMENT 16E3 ,I No. 05-3761, "SAP Consulting Services" THIS AGREEMENT, made and entered into on this c2c,.i1. day of April, 2005 by and between TUI Consulting, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the I1County": WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work following, execution of this Agreement and upon issuance of a Purchase Order for written Work Orders (s) as approved in advance by the County Information Technology (IT) Director or his designee as specified in Section 2, "Statement of Work". 2. STATEMENT OF WORK. The Contractor shall provide professional SAP consulting services for Collier County as required and mutually agreed upon by the IT Director or his designee and Contractor. Such services shall be attached as sequentially numbered Work Order forms. Each such Work Order shall be approved in writing by the County IT Director or his designee prior to the Contractor's commencement of work for each task. Any changes to the Work Order shall be made in the form of a written Change Order signed by the County IT Director or his designee and Contractor. 3. COMPENSATION. The County shall pay the Contractor for work performed under this Agreement in the amount(s) specified by each individual Work Order, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Contractor when requested as work progresses; as accepted and approved by the County IT Director or his designee, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 4. TRAVEL AND REIMBURSABLE EXPENSES. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Milea e Breakfast Lunch Dinner Airfare Rental car Lad' Parkin Taxi or Air art Limousine $0.29 er mile $3.00 $6.00 $12.00 Actual ticket cost Actual rental cost Actual cost of lad . Actual cost of arkin Actual cost of either taxi or air art limousine 1 Reimbursable items other than travel expenses shall be limited to the fOllOWing:ieie~.. long-distance charges, fax charges, photocopying charges and postage. Reimbursa .' paid only after Contractor has provided all receipts. Contractor shall be responsible or a 0 .. costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SCHEDULE. The Contractor agrees to complete the services as required pursuant to this Agreement within the time period as specified by the individual County approved Work Order(s). 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed to the Contractor at the following address: T odd Crandall TUI Consulting, Inc. 1145 Broadway Plaza Suite 1000 Tacoma, W A 98402 Fax No. 253-830-3031 All notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Director - Purchasing Building 3301 Tamiami Trail East Naples, Florida 34112 Fax No. 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 2 16E3 .. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should Contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. E. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 3 Contractor shall insure that all subcontractors comply with the same insur"'c~ f-J'. requirements that he is required to meet. The same Contractor shall provi~ QIiY with certificates of insurance meeting the required insurance provisions. ;;. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 13. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the IT Department. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, RFP No. 05-3761 "SAP Consulting Services", Insurance Certificate, Hourly Rate Schedule "Schedule A", and Sample Work Order "Exhibit A". 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 4 l~r' IN WITNESS WHEREOF, the Contractor and the County, have each, respecti~""Il'l""il authorized person or agent, hereunder set their hands and seals on the date and year first above written. . 'j!' ATTEST: ..~~ ' 1.1 il~, .~ ,........ ".&10 Dwight E. Bro~~.q~~ >" 10",'. t?""-: ":', ',.... .', ., (.~..,. ~. f.-:'.:.J the "'~/"-". . \,.. ; By:~ 'i:f;-~.~ ~'. '.","" " . CiIJ . 4..... "1:'~'~"; Dated: ~. I .:,.,~.,: .oAI.Ft' ~i". (SEAL~}~';~"'ft' S ~~f ~0-'C('-- ::-::: I i I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '1uJ.- W. c+ By: Fred W. Coyle, Chairman First Witness TUI Consul~ng. teaJ By: '~2a! 0 Signature NAHI1LAf._l,/-J fVI/ R AVltJ/)~AN TYPe/Prin?V~ ~e Second Witness 7iJ PvLvo (f ~ &- Todd Crandall, Executive Vice President Typed signature and title Type/ print witness name CORPORATE SEAL (corporations only) Approved as to form and legal suff . 11';~~~~"':;t~I' ,,--lll,i~.J{'Ji:l;1;Fi:'J!iC ....~".._ . 'fO' 1~~ SIc./Jll1'ue.r ~ ~~c~ Robert N. Zachar Assistant County Attorney ",.11.""" \\' I ^ '" \\:.:..~ · v~ " "\_,~~,,........ ~~~......... ~..~ ~,~ --::....... or:. ~ ~y-._j -~, - f (NQTARY\ E .. .. ....~ .. .. ;,..\ PUBLUC! ~ l ... ~"" ~" Q'.. -:. ~~"""".",,-,,,,, ~ or:. ..."...., ~ \\ ..., ,... ..,,, " "" .". WfI'W ,\" """"..", Item # IIn E 3 1U'D5 Agenda Date 5 SCHEDULE "A" 16E3 . HOURLY FEE SCHEDULE Till Consulting, Inc. Consultant Work Junior Mid-Range Senior Location Consultant Consultant Consultant On-site (Technical) $130 $145 $165 Off-site (Technical) $115 $130 $150 On-Site (Functional) $130 $145 $165 Off-Site (Functional) $115 $130 $150 6 INSURED Acordia CA License # 053l 007 P.O. Box 91143 Seattle, WA 98lll-9774 TUI Consulting Inc ll45 Broadway Plaza Suite lOOO Tacoma WA 98402 206-701-5000 NY) 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORDTM CERTIFICATE OF LIABILITY INSURANCE PRODUCER INSURERS AFFORDING COVERAGE INSURER A: INSURER B: INSURER C: INSURER 0 INSURER E Atlantic S ecialt Ins. Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IINSR TYPE OF INSURANCE POLICY NUMBER ~~~~';'JU~~T~X-~ PR}lflrW!~Jj9~ LIMITS TR A ~NERAL LIABILITY 71005568 6/01/04 6/01/05 EACH OCCU RRE NCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 250000 I CLAIMS MADE ex] OCCUR MED EXP (Anyone person) $ 10000 L WA STOPGAP EMPLOYERS L1AB. & PERSONAL & ADV INJURY $ 1000000 WA STOPGAP INClD. GENERAL AGGREGATE $ 1000000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1000000 Xl nPRO- n X POLICY JECT LOC A AUTOMOBILE LIABILITY 71005568 6/01/04 6/01/05 COMBINED SINGLE LIMIT - (Ea accident) $ 1000000 L ANY AUTO ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ::=J OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 406007382 12/15/04 1 2/1 5/05 X I ~~JI~Ys I 10lt EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1000000 E.L DISEASE - EA EMPLOYEE $ 1000000 E.L DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is an Additional Insured under General Liability as respects their interest in the Named Insured. lV CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCEllATION Collier County Government Ctr. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL -2L DAYS WRITTEN Attn: Purchasing Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL 330l Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Naples FL 34112 REPRESENTATIVES. AUTHORIZED REPRESENT A TIVE I ACORD 25-S (7/97) 11- 38 @ ACORD CORPORATION 1988 EXHIBIT "A" 16lEl WORK ORDER # Agreement for Title of Contract , 2005 (RFP/Bid 00-0000) Dated: This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated______________, 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 # is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed, which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following methodes): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, (define which method will be used for which tasks) as provided in the attached proposal. Task I $ Task II $ Task III $ TOTAL FEE $ Any change made subsequent to fmal department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: Nanle and Title Date APPROVED BY: (Dept Name) Department Director Date APPROVED BY: (Division) Administrator Date ACCEPTED BY: (Company Name) Signature of Authorized Company Officer Date Type or Print Name and Title 7 ITEM NO.: DATE RECEIVED: ... o,clr9n~E 5 COUNTY- ,:/t.. :I11E ATTORNey ?tin"'". 1..., (.!.iviJ{1,i\1 "'7 r" <:: 0'./ I fl 2: 58 FILE NO. ROUTED TO: 05-' f7P/JtlO a31 DO NOT WRITE ABOVE TIDS LINE REQUEST FOR LEGAL SERVICES Date: May 25, 2005 To: Robert Zachary Assistant County Attorney From: Scott Johnson Purchasing Agent 774-8995 Re: Contract #05-3799 "Process Mapping Services" Contractor: PBS & J BACKGROUND OF REQUEST: This contract was approved by the BCC on April 26, 2005 Agenda Item: 16.E.5 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. c-v~ l,() b"" 16 E5 Memorandum RE: May 25, 2005 f Sheree Modiavilla, Senior AnalYSUIfJ 'h' Risk Management Department -5'1 ,} '1 U 0 1./..../ Scott Johnson n Purchasing Agent ~ Review of Insurance for: Contract # 05-3799 "Process Mapping Services" DATE: TO: FROM: Contractor: PBS & J This Contract was approved by the BCC on April 26, 2005 Agenda Item 16.E.5 Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 8446. CC: Tammy Smith, Information Technology MEMORANDUM Date: June 1, 2005 To: Scott Johnson Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #05-3799 "Process Mapping Services" Contractror: PBS & J Enclosed please find three (3) original contracts, as referenced above, (Agenda Item #16E5), which was approved by the Board of County Commissioners on Tuesday, April 26, 2005. Kindly forward the documents to the appropriate parties. An original contract has been filed in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3). 16 E5, 16 E5 AGREEMENT THIS AGREEMENT, made and entered into on this 26th day of April 2005, by and between PBS&J, authorized to do business in the State of Florida, whose business address is: 482 S. Keller Road, Orlando, FL 32810 hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on April 26, 2005, and terminating on April 25, 2007. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide process mapping services in accordance with the terms and conditions of RFP #05-3799 and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: PBS&J Donna M. Huey, Vice President 482 S. Keller Road Orlando, FL 32810 Fax: 407-697-0624 L6 E5~~ All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80/ F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County/ the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16 f5 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 16 E5 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 11 This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Information Technology Department. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #05-3799 Specifi- cations/Scope of Services/Contractor's Proposal 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16 E5 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. .1 ,'" .' ...' ~ , ~,..... . ATT~:' t~i'~'t D~dgt'fE,: B~ocI<;;f;lerk of Courts ,; :,: ,'. ..",' '. '. \\ "'" Bj:~,~ ~l. D;t~d: . U,I-=-\_~- - ~M).a(cW Cha1....' , sf~t1I~~1OftlJ. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fre~l~~a~ PBS&T Contractor ~~~ Firs Witil ss By: CHARLES D. NOSTRA iType/print witness name i c?s,st~nt ~e~ Second ~ess Robert J. Paulsen Sr. Executive Vice President Typed signature and title Deborah Lynn Shimel iType I print witness name i CORPORATE SEAL (corporations only) ~orm an// y,Assistant County Attorney Item# ~ AgendaLl,."'\J ~ -t~ lJate ~..) ( . ACOBQ. CERTIFICATE OF LIABILITY INSURANCE 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF IN FOR I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 05 PRODUCER (305)822-7800 FAX 3058270585 Collinsworth, Alter, Fowler, Dowling & French Group Inc. P. O. Box 9315 Miami Lakes, FL 33014-9315 INSURED Post, Buckley, Schuh, & Jernigan, Inc. d/b/a PBS&J 2001 NW 107 Avenue Miami, FL 33172-2507 INSURERS AFFORDING COVERAGE NAIC # INSURER A Sentry Insurance a Mutual Compa y A+ XV INSURERB: Steadfast Insurance Company A X INSURER eLl oyds of london A XV INSURER D. INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO'TWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ ~~J TYPE OF INSURANCE POLICY NUMBER P~k~c"Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 90-15807-03 09/30/2004 09/30/2005 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1,000,000 I CLAIMS MADE [K] OCCUR MED EXP (Any one person) $ 25,000 A X Contractual Liab PERSONAL & ADV INJURY $ 1, 000, OO() - GENERAL AGGREGATE $ 2,000,000 - 2, 000, OO() GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ I rxl PRO- rxl LOC POLICY X JECT AUTOMOBILE LIABILITY 90-15807-04 09/30/2004 09/30/2005 COMBINED SINGLE LIMIT - (Ea accident) $ X ANY AUTO 90-15807-05 1,000,000 - X ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS IPer person) A - X HIRED AUTOS BODILY INJURY - $ X NON-OWNED AUTOS (Per accident) f-y Contractual Liab PROPERTY DAMAGE I-- (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIOENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY AUC508762100 09/30/2004 09/30/2005 EACH OCCURRENCE $ 25,000,000 o OCCUR 0 CLAIMS MADE AGGREGATE $ 25,000,000 B $ ~ DEDUCTlBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND 90-15807-01 09/30/2004 09/30/2005 X I WC STATU- I 10TK- TORY LIMITS ER EMPLOYERS' LIABILITY 90-15807-02 1, 000, OO() A ANY PROPRIETORJP ARTNERIEXECUTlVE EL EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000 ~~MAcct~~~~~I~NS below NO E.L. DISEASE - POLICY LIMIT $ 1,000.000 OTHER P42304 09/30/2004 09/30/2005 $1,000,000 limits Professional/ C Pollution liability Ea Claim and Annual Aggregate CLAIMS-MADE FORM 11/11/1961 Retrodate illESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: RFP #05-3799. "Process Mapping Services". ertificate Holder is named additional insured on the General liability, excluding professional ~ervices . Issuing companies will provide 30 days written notice of cancellation, non- renewal and/or naterial reduction of coverage/limits. R o Collier County Government, Center Purchasing Dept.- Purchasing Building Attn: Steve Carnell 3301 Tamiami Trail, East Naples, FL 34112 SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _>~. _._-~- ,;;0" ... - ,j'./'/- ""_J/. . / Meade Coll insworth/EEC tf;/'4~?.:v'" ~.:::;\,kof?<:"!'!:'O'>." @ACORDCORPORATION 1988 ACORD 25 (2001/08) 16 E5 IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) FILE NO. cou/:i}~~?!~-" E 5 ., DATE RECEIVED:?Df\t I <.."'UJ y 27 pM ? c.' II "'v8 ITEM NO.: ROUTED TO:~ E - FI?J" 00 dl3 B'" DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: May 25, 2005 To: Robert Zachary Assistant County Attorney From: Scott Johnson Purchasing Agent 774-8995 Re: Contract #05-3799 "Process Mapping Services" Contractor: Berry, Dunn, McNeil & Parker BACKGROUND OF REQUEST: This contract was approved by the BCC on April 26, 2005 Agenda Item: 16.E.5 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. cc--~ 6-I-D~ 16 E5 ~ Memorandum TO: I \ \ '..., \ lJ ( 1\ May 25, 2005 .' l;j) Sheree Mediavilla, Senior Anal;G, ~ Risk Management De artment DATE: FROM: Scott Johnson Purchasing Agent tl4rr RECEIVED MAY 262004 RISk M.hIAGE · """1/0\ "'ENT RE: Review of Insurance or: Contract # 05-3799 "Process Mapping Services" Contractor: Berry, Dunn, McNeil & Parker This Contract was approved by the BCC on April 26, 2005 Agenda Item 16.E.5 Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 8446. CC: Tammy Smith, Information Technology 16 E5; MEMORANDUM Date: June I, 2005 To: Scott Johnson Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #05-3799 "Process Mapping Services" Contractror: Berry, Dunn, McNeil & Parker Enclosed please find three (3) original contracts, as referenced above, (Agenda Item #16E5), which was approved by the Board of County Commissioners on Tuesday, April 26, 2005. Kindly forward the documents to the appropriate parties. An original contract has been filed in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3). ______.._.w...___.'_..._ ^,"" "___,~,,____,,,_,...,__._.,. ".' ,""~~-_"""""~,~_,~---_,~,~-"",,,~..,,,";'-"'-"~"-.-~,...._.,.",-..".._..,,...., -"'-"'--""---'""'-~'._' 16 E5 '-. AGREEMENT THIS AGREEMENT, made and entered into on this 26th day of April 2005, by and between Berry, Dunn, McNeil & Parker, authorized to do business in the State of Florida, whose business address is: 100 Middle Street, Portland, Maine 04101 hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on April 26, 2005, and terminating on April 25, 2007. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide process mapping services in accordance with the terms and conditions of RFP #05-3799 and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Berry, Dunn, McNeil & Parker Timothy F. Masse 100 Middle Street Portland, Maine 04101 Fax: 207-774-2375 16 E51i All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16 E5. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 16 E5 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 11 This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Information Technology Department. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #05-3799 Specifi- cations/Scope of Services/Contractor's Proposal 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16 E5 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST.,'"'' , DWig~~~;~~~i?geJ;k of Courts ~ " .. .,", "~ .~~ ~.. ,N_:" " _~.... .'. ~, '~i'\ '~ ~~1~~~"l-D( , /.~J. '.' .' .......'-". ,.~" ~. Ii.! .to..Cfil,i',... $1 ..... \1.,"<. S 4~r..,~, . , ","l.~,~" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FredW~~~ Berry, Dunn, McNeil & Parker Contractor ~ By: ' Si ature A. Brooke Colello iType / print wib1ess name i ~~j~~ Second Wib1ess Timothy F. Masse, Principal Typed signature and title Barbara E. Spizzirri iType/print wib1ess namei CORPORATE SEAL (corporations only) Approved as to form and leg c ~ Item# 'Co E5 ~~~;da i -- J.ls, 115 Date 1__/~ Rec'd lO ~ ~ ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID (MMlD BERRY-1 04/2 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELO PRODUCER Turner Barker Insurance One India street portland ME 04101 phone: 207-773-8156 Fax:207-773-6647 Ber~ Dunn McNeil & Parker PO Box 1100 Portland ME 04104 ilNSURERS AFFORDING COVERAGE INSURER A Peerless Insurance Company INSURER B Maine Employers Mutual INSUR,,'< C INSURER D. INSURER E NAIC# ! I INSURED THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'N"'" ~~~ POLICY NUMBER D";.'"~ (MMIODIYY) .DATE (MMlDDIYY) LIMITS LTR TYPE OF INSURANCE ~NERAL LIABILI1Y EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAl LIABILITY BOP9719897 04/30/05 04/30/06 ~~~~lS'Es ({'~~~~1ence) $ 50000 I-- o CLAIMS MADE ~ OCCUR MED EXP IAny one person) $ 5000 I-- PERSONAL & ADV INJURY $ 1000000 I-- GENERAL AGGREGAE $ 2000000 GEN'L AGGREA LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1000000 I POLICY j~& n LOC AUTOMOBILE L1ABILI1Y COMBINED SINGLE clMIT - $ 1000000 A X ANY AUTO BA9712898 04/30/05 04/30/06 lEa aCCident) - ALL OWNED AUTOS BODIL Y IT\JURY - (Per person) $ SCHEDULED AUTOS - HIRED AlITOS BODILY INJURY - (Per aCCIdent) $ NON-OWNED AlITOS I-- - PROPERTY DAMAGE $ Iper aCCIdent) GARAGE LIABILITY AlITO ONLY - EA ACCIDENT $ ==l ANY AUTO OTHER THAN EA ACC $ AlITO ONL Y: AGG $ EXCESSIUMBRELLA LIABILI1Y EACH OCCURRENCE $ [] OCCUR C CLAIMS MADE I AGGREGATE $ '$ R DEDUCTIBLE , $ RETENTION $ I $ WORKERS COMPENSATION AND I, ,,~'" IU- I X IO~~- TORY LIMITS ER B EMPLOYERS' LIABILITY 1810048898 01/01/05 01/01/06 : $ 500000 ANY PROPRIETORIPARTNERE)(ECU~IVE EL EACH ACCIDENT OFFICER/MWBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 500000 If yes describe under EL DISEASE - POLICY L1MT $ 500000 SPECIAL PROVISIONS below OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *30 days notice of cancellation except for non-payment of premium which will be 10 days. certificate Holder is named as Additional Insured in regards t 0 general liability. RE: #05-3799 "Process Mapping Services" COVERAGES CERTIFICATE HOLDER CANCELLATION COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE OANCELLEO BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* OAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Collier County Government purchasing Building Attn: Scott Johnson 3301 E. Tamiami Trail Naples FL 34112 @ACORDCORPORATlON 1988 ACORD 25 (2001108) 16E 5.' MEMORANDUM Date: June 17, 2005 To: Scott Johnson Purchasing department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract No. 05-379: "Process Mapping Services", with Process Works, Inc. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E5), approved by the Board of County Commissioners on Tuesday, April 26, 2005. We have retained an original in the Minutes and Records Department and an original has also been sent to the Finance Department. If you should have any questions, please contact me at 774-8411. Thank you. Enclosures (3) ITEM NO.: OS ...\=>R.c... ..co~53 ".,r.,-'nrl\,.....~5 l \'~r<,1 r- I ,'; t "_~~_ CCiUt{IY /- .. " 'II ,'"V DATE RECEIVED: 'l'1f1'" !! 1'~ t'" IPJ~ Cl: 23 Lt;Uj .JVi~; i I ..~ i ..; FILE NO. ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: May 25, 2005 To: Robert Zachary Assistant County Attorney Scott Johnson & Purchasing Agent 774-8995 From: Re: Contract #05-3799 ''Process Mapping Services" Contractor: Process Works, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 26, 2005 Agenda Item: 16.E.5 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. cc.- ~ b"'("-C'J~ 16E5 I~ .'\~ ..j Memorandum DATE: May 25, 2005 we E ~ v-np -nC---r.- un lJ ('~I .~u1.4.-/ . C 0 a.A-1 ~4/ 13.z. t1.../(,A LA.- TO: Sheree Mediavilla, Senior Analyst Risk Management Department ~(1) ~ A)U~ Scott Johnson ')~ Purchasing Agent Review of Insurance for: Contract # 05-3799 "Process Mapping Services" '" Ne-..r_cL lA./' C . I...J T7<",arzJ~ L ......, r,. j 0"-~. . U -tA...<.A..., ...e 'Y). f1/ D / ~.J-/ FROM: RE: Contractor: Process Works, Inc. This Contract was approved by the BCC on April 26, 2005 Agenda Item 16.E.5 Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 8446. CC: Tammy Smith, Information Technology Page 1 of 1 mediavilla_s 16E5 From: JohnsonScott Sent: Thursday, June 16, 2005 8:41 PM To: mediavilla_s Subject: RE: Process Mapping Services "~I ~~ Ol , Sheree: It is my understanding from the RFP process and discussion with Tammy Smith, employee. His spouse might do some accounting work from the home, but she will never project. Do you need anything in writing from him? SJ Yes, countdown is running!!!!!!!!!!!!! From: mediavilla_s Sent: Thu 6/16/2005 4:18 PM To: JohnsonScott Subject: Process Mapping Services Scott: Before I went on vacation, I had Georgina notify you that Process Works, Inc. did not comply with work comp requirements of the contract. An exemption was supplied for the President, Chuck Berkau, however this does not cover any other employees of Process Works. We would need an exemption certificate for in each employees individual name in order to accept this. He needs work comp insurance unless he is the sole employee. Do you have any update on this??? Sheree Countdown for you!!! !!!!!!!!!!!!!!! I!!! !!!!! !!!!!!!!!!! !l!! !!!! 6/17/2005 Page 1 of 1 16E5 mediavilla_s From: JohnsonScott Sent: Thursday, June 16, 2005 8:41 PM To: mediavilla_s Subject: RE: Process Mapping Services Sheree: It is my understanding from the RFP process and discussion with Tammy Smith, he is the only employee. His spouse might do some accounting work from the home, but she will never be on any County project. Do you need anything in writing from him? SJ Yes, countdown is running!!!!!!!!!!!!! From: mediavilla_s Sent: Thu 6/16/2005 4: 18 PM To: JohnsonScott Subject: Process Mapping Services Scott: Before I went on vacation, I had Georgina notify you that Process Works, Inc. did not comply with work comp requirements of the contract. An exemption was supplied for the President, Chuck Berkau, however this does not cover any other employees of Process Works. We would need an exemption certificate for in each employees individual name in order to accept this. He needs work comp insurance unless he is the sole employee. Do you have any update on this??? Sheree Countdown for yoU!!I! Ii!! !"! !'!!!!!!!!!!! II!!I !!!'I!! I!! !!!!!' 6/1 7/2005 Page 1 of 1 16[5 mausen--9 From: mausen-9 Sent: Friday, May 27,20052:43 PM To: JohnsonScott Subject: Contract #05-3799 Scott, There are 3 contractors listed for this contract and Sheree has reviewed the insurance coverage. 2 of them are fine (PBS&J and Berry, Dunn, McNeil & Parker), and I will be taking those to the County Attorney's office shortly, but there is a problem with Process Works, Inc. Per Sheree, the Work Comp exemption only covers the President (Chuck Berkau) and they need to have statutory limits for all other employees. How do you want to handle this? Sheree said it may just take a phone call on your part since you deal with these contractors often. Let me know. Thanks, Georgina 5/27/2005 16E5 AGREEMENT THIS AGREEMENT, made and entered into on this 26th day of April 2005, by and between Process Works, Inc., authorized to do business in the State of Florida, whose business address is: 2720 Barker Road, St. Cloud, FL 34771 hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on April 26, 2005, and terminating on April 25, 2007. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide process mapping services in accordance with the terms and conditions of RFP #05-3799 and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Process Works, Inc Chuck Berkau 2720 Barker Road St. Cloud, FL 34771-9001 Fax: 407-957-7640 16E5 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16E5 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 16E5 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 11 This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Information Technology Department. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #05-3799 Specifi- cations/Scope of Services/Contractor's Proposal 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16E5 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ... . - . . . -:;"J' D~~\I!O ". ATI'EST: ~" ........' e;. DWt&h!.:i~'B~ CjeI~~f Courts ~ t:~. ."'~!:l"tll!.",~,~ . ~- ._~.....r. Bi~~'i!t'~<~. .N. Date' :...,-/f?~::~.$r'... /:' .' (S ' J.:.).. . ( :>' .-,.,,:t. tw1~n'S s1gAatwl:Only. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. r ~~() Fred W. Coyle, Chairman ~-- I I\ Process Works Contractor , ,/')..'" (', j , ; \ \ \CL~~ A:'2~t-- FIrst 1 ess By: eI~~ Signature Mary Berkau, Treasurer tType/ print witness name t ~&'r ond Witness j '^ () rtri L. ~ Z~Jc:.os.k-: tType/ print witness name t Chuck Berkau, President Typed signature and title CORPORATE SEAL (corporations only) , Assistant County Attorney Item # I foE; S Agenda 1'2.b '05 Date 0.1'1-05 04-02fb E 5 Jeb Bush Governor Mary 8. HoOk s Secr elary ST ATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY DIVISION OF WORKERS' COMPENSATION Compliance Unit 2562 Executive Circle East Suite 201. Montgomery Building Tallahassee. Florida 32399-0661 NAME BUSINESS PROCESS WORKS I NC ADDRESS 4069 13TH ST #159 CITY SAINT CLOUD STATE FL ZIP 34769 THIS CERTIFIES THA T THE INDIVIDUAL BELOW PURSUANT TO FLORIDA WORKERS' COMPENSATION LAW. CHAPTERS 440.04 AND 440.05 F.S. HAS FILED THE FOLLOWING FORM(S). Certificate of Exemption of Coverage Under Workers' Compensation Law (BCM 207) NAME CHARLES E BERKAU TITLE EFFECTIVE DATE WITHDRAWAL DATE PRESIDENT 01/26/2001 N/A PHONE (904) 488-2333 TOO 1-800-955-8771 -- VOICE 1-800-955-8770 fI' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DOIYYYY) 03/17/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, I: CORD PRODUCER Foster-Schenck Insurance Agency 1217 Kentucky Avenue St. Cloud Fl 34769 INSURED Process Works, Inc. 2720 Barker Rd St. Cloud Fl 34771 INSURERS AFFORDING COVERAGE "_._'__._4_____ North Point. l.nsuranc~. Compa!lY.._ NAIC# INSURER A: INSURER 8: INSURER c: INSUREl!Q:. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD INDICATED. NOTWITHSTANDING ANY REOUlREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ~'nn.; ,._.._._____.._._____ IHSR DD'U .,.;",-:, ~t" POLICY NUMIIIR POUCy UFiCTIVE I Pnl '" Y~ LIMITS 1 GENERAL LIABILITY ~!:! OCCURRENCE L1..~.1QQ~OOO _ A Y fCOMMERCIALGENER!o.!..lIABllITY 1094093689 11/02104 11/20/05 =~J?E:=~. L__:.i.J.,OO 0,000 '_ . .... CLAIMS MAllE [!J OCCUR MED EXP (Anyone person) .. J. ~OOO__~___ __' ______._. _. .peRSON,"", & ArN IN~I,IR.'!__ .!..!.l!0,000__ .______ ~~AGGREG-~~-.~..1&O~&O~ ~'l AGGR~9ATf LIMI~ APr"-L.Il:,S PER f,ffiQQ\1CTS . cO~IQf'~9~_ ",1,000,000 . I POLICY I I~": I I LQC ..,,!J:rOMOBllE LIABILITY __ ANY AUTO AlL OWNED AUTOS COMtlINED SINGlE LIMIT lEa lICCIdenl} $ SCHEOUlED AUTOS ::'~?~~~fRY $ -----..----.....-.-- ..._ HIRED AUTOS __ NON.OWNED AUTOS BODILY INJURY IPer eccident) $ PROPERTY DAMAGE IPer accidenl} s ..QlGE lIA1l1l1T'f _I ANY AUTO AUTO ONLY, EA ACC~JojT $ OTHER TffAN AUTO ONLY: _EAAf~.~__.. AGG ~ EXCESSlUMtlRELlA LIA8Il1T'f 'J OCCUR 1~1 CLAIMS MADE ---- -- .. ~(:H Q<:CYRRENC!...__ .1.. __... ~9ATE _. _ S. _ ..--, DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'lIABIlITY AN'f PROPRIETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? ~m,~'g:,~'~~N~ """'"' OTHER 1--..- ~-_._._.. -.... .-. ___ _5.. $ 1 we STATU. I 10TH. __LtOB'LUMtTSl..--1..ER __"'_"'__ ...sLi:ACH ACCIDENT i______ .. EL DISEASE. EA EMPlOYEE .$ __..... E.L DISEASE - POLlC Y LIMIT $ I ; DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDOftlIEM!NT I SPECIAL PROVISIONS CERTIFICATE HOLDER COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ADDED AS ADDITIONAL NAMED INSURED AS PERTAINS TO THE GENERAL LIABILITY FOR BID NUMBER: RFPNO 05-3799 TITLE: PROCESS MAPPING SERVICES Certificate Holder has been named as Addltlonalln.ured. CERTIFICATE HOLDER Collier County Board of County Commlsslone,. 3301 East Tamlaml Trail Naples, FL 34112 CANCELLATION BItOUI.O ANY OF THE AIIOVI! DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSIMO INSURER WlLl. ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO Till! CERTIfICATE NOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHAll ~ NO OBLIGATION OR llABILIT'f OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPltUENTATlVES. AUTKORlZEOREPRUENTATIVI! <DlF> PORATION 1988 ACORD 25 (2001108) 16E5 IMPORTANT If the certificate holder is an ADDITIONAl INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the pOlicies listed thereon. . ACORD 25 (2001'08) 04-0J,26f 5 Jeb Bush Goyerror Mary B Hook s Secretary ST A TE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY DIVISION OF WORKERS' COMPENSATION Compliance Unit 2562 Executive Circle East Suite 201, Montgomery Building Tallahassee, Florida 32399-0661 NAME BUSINESS PROCESS WORKS INC ADDRESS 4069 13TH ST #159 CITY SAINT CLOUD STATE FL ZIP 34769 THIS CERTIFIES THAT THE INDIVIDUAL BELOW PURSUANT TO FLORIDA WORKERS' COMPENSATION LAW, CHAPTERS 440.04 AND 440.05 F.S. HAS FILED THE FOLLOWING FORM(Sl. Certificate of Exemption of Coverage Under Workers' Compensation Law (BCM 207) NAME CHARLES E BERKAU TITLE EFFECTIVE DATE WITHDRAWAL DATE PRESIDENT 01/26/2001 N I~ 1M. PHONE (904) 488-2333 TDO 1-800-955-8771 -- VOICE 1-800-955-8770 ORIT~I~t~o~~~~~A~~~~~~;t;~~~:E~~SUsi~~~~Jr~~: t..( THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATuRE~. ' Print on pink paper Attach to original document Onginal documents should he hand delivered to the Board Ollice The completed routing slip ,md original documents are to he tiJr\lIarded to the Board Otlke onlll after the Board has taken action on the item I ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's siWlature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive sumll1lll)'. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Marlene Foord Phone Number 774-8971 Contact Agenda Date Item was April 26, 2005 Agenda Item Number 16E6 Approved by the BCC Type of Document (1) Transmittal Letter to FEMA; (1 )HMGP Number of Original 3 (I of each) Attached Grant application; (I) Maintenance Documents Attached agreement INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, )V resolutions, etc. signed by the County Attorney's Office and signature pages from 0" contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's r Office and all other parties except the BCC Chairman and the Clerk to the Board ('C'>k 3. The Chairman's signature line date has been entered as the date ofBCC approval of the f""''':!v document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's f0S~ signature and initials are required. S. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL ~ Some documents are time sensitive and require forwarding to Tallahassee within a certain r~ time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 4/26/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The [<"''S~ County Attorney's Office has reviewed the changes, if applicable. I: Formsl County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 16E6 MEMORANDUM Date: April 27, 2005 To: Marlene Foord, AICP Grants Coordinator From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Transmittal letter to FEMA, HMGP Grant Application, and Maintenance Agreement Please find one (1) of each original of the above referenced documents (Agenda Item # 16E6) which was approved by the Board of County Commissioners on Tuesday, April 26, 2005. Please forward one original and three copies to the appropriate parties and return the fully executed documents to the Minutes and Records Department. If you should have any questions regarding these documents, please call 774-8411. Thank you. Enclosure(s) Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PJ3~o/~~ ~~ ~~6 E 3301 East Tamiami Trail · Naples, Fiorida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 April 26, 2005 Mr. Leroy Thompson FEMA/State of Florida Disaster Field Office Mitigation Section 100 Sunport Lane Orlando, Florida 32809 Dear Mr. Thompson On behalf of Collier County, I am pleased to submit the enclosed grant application (one original and three copies) to the Florida Department of Community Affairs, Division of Emergency Management for the Hazard Mitigation Grant Program. If the project if selected for funding, Collier County is committed to fulfilling all commitments made in the grant application, including provision of the local match. It would also be greatly appreciated if the costs we have incurred for hiring a professional engineer to prepare the project scope and cost estimates could be approved as pre-award costs for this grant. Please see budget for associated costs. We look forward to working with you on this very important project for Collier County. Sincerely, '1uJ-w. ~ Fred W. Coyle Chairman Approved ll..'-: to form G~i~:':::} T./.(~~::r"" ---, ~~ " (~t!J~> . _~. :-=:--._ . '. \. ... .... -".,l7 . . .::. .~t'\i0Unb Attornei 'c?_,,:.~,J~2~"~.~~ ......'t\ " J.,#,'~'If~. ." ,.~. _. : ~\I:J;'+vt........- ~_.... .....-..,. D'\~'''''H';i= ro.::,'!..'''. j- '-':.;~L. If,.; 10.:1 . I ~ L., . _ .;..J'\, .._.... 0... \r\, A'\ ., '. ,'-'.y.' ,.:. ~'\'~.,. ~.' -?rl::'~~. IV -ltt~' W '. .~~. : )1".'!t"'~lf! ~T1~ Section V. Maintenance Agreement 16E6 All applicants whose proposed project involves the retrofit or modification of existing public property or whose proposed project would result in the public ownership or management of property, structures, or facilities, must jlrst sign the following agreement prior to submitting their appilcation to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The Countyof Collier, State of Florida, hereby agrees that (City, Town. County) if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for theroutine maintenance of any real property, structures, or facilities acquired or constructed as a result of such 'federal aid Routine mamtenance shall include, but not be limited to, such responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts, and storm drains clear of obstructions and debris; and keepmg det6tion ponds free of debris, trees, and woody growth. The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project award and to show the Subgrantee's acceptance of these responsibilities. It does not repbe, supercede, or add to any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of project award. Signed by Fred W. Coyle..the duly authorized representative (printed or t)ped name of signing official Chairman. Collier County Board of County Commissioner~ (tit/e) this 26th (day) of April (month), 2005 (year). Signature* ~w.~ *Please note: The above signature must be by an individual with legal signing authority for the respective local government or county (e.g., the Chairperson, Board of County Commissioner!fDr the County Manager, etc.) . '. !\ ~ !-\ t; ;. , tl"~, ',' ~.. f tJ.,'~ . .. _ - _'.! J.-...__~_... I:. ~_ " ..~. "-:.."'''''', or.. -' ... ~_ ,. (~: _ " ~:..... = (~-:.. .,.':- '" h J-'l ,~;...-.. . ;;;"'~', -= ~~ li~" ':'.)~) -J: J;c, ~ ~.. ~ a''''I''''''~ ' ~~~~.~t t . 'fl!'''J1~H':1"f' ~1rt'i!l:l ;J.M, :t.a i ,).1:'::'1 .;:... ~~~ <t :/) /)rhJ---- , ~~~(~tl d~~u,J 12 Page 12 of 26 Attach any continuations or additional items to this page (Form No. HMGP/FMA-001, EffI0/30/04) 11. Point of Contact OMs. OMr. [8IMrs. First Name: Maria Title: Preparedness Specialist Street Address: 3301 E. Tamiami Tr. City: Naples State: FL Zip Code: 34112 Telephone:2397748216' Fax: 2395305330 Email Address (ifavailable):Maria Bernaldo(a)doh.state.fl.us 12. Application Prepared by: OMs. I8IMr. I8IMrs. First Name: Maria Last: Bernaldo Title: Preparedness Specialist Telephone: 2397748216 Fax: 2395305330 13. Authorized Applicant Agent (proof of authorization authority required) OMs. [8IMr. OMrs. First Name: Fred W. Last Name: Covle Title: Chairman. Board Countv Commissioners Telephone: 2397748097 Fax: 2397743602 Street Address: 3301 E.Tamiami Tr. City: Naples S lorida Zip Code: 3411 Signature: W Date: (:\ ~\(,l d-.~ ~ 14. All proposed projects should be included in the c ty's Local Mitigation Strategy (LMS). Attach is a letter of endorsement for the project from the county's Local Mitigation Stral_r~i~at?r.[8I Yes 0 No Section I. Project Description ~&.. ~ ~~'...'..,~\' I'. "."':"'. .'.......,) : "'_,,: ,\ ,lflf1,- I. ...,... A. Hazards to be Mitigated / Level of Protection [It:" "'.-'" . 1. Select the type of hazards the proposed project will mitigate: ~ t~ ~ '~'~'-';:'I{(~ ;~~ .: ,j ~ o Flood [81 Wind 0 Storm surge 0 Other (list): - \Y51~;t ~..~"~-"",, t .~ 1.,.,t... "6aJ, " 2. Identify the type of proposed project: ""'" 17~:GO . c--..i>,'" o Elevation and retrofitting of residential or non-residential structure ".""".",,,,,' o Acquisition and relocation 0 Acquisition and demolition 181 Wind retrofit 0 Minor drainage project that reduces localized flooding o Other (please explain) _ STA TE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM & FLOOD MITIGATION ASSISTANCE APPLICATION Last Name: Bernaldo 1 ./?' 6 t) E ~ 3. List the total number of persons that will be protected by the proposed project: 255 4. Fill in the level of protection and the magnitude of event the proposed project will mitigate. (e.g. 23 structures protected against the IOO-year (1%) flood) Q structure(s) protected against the N/A -year Flood (10,25,50, HJO,or 500 year) ! structure(s) protected against 150 mile per hour (mph) winds 5. Engineered projects only (e.g. Drainage Improvements), include (attach to this page)ALL engineering calculations and design plans used to determine the above level of protection. 6. Project will provide protection against the hazard(s) above for 5-20 years (Le., what is the useful life of the project) B. Project Description, Scope of Work, and Protection Provired (Must be Completed in Detail) Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate and/or a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not maintenance. Description of the existing problems-: Collier County has several builqings on the main government campus that contain comprehensive critical services for residents. One such building is the Health and Public Services Building, locally referred to as Building H. Building H was constructed in 1989 as a fully engineered concrete frame building with piling foundations, based on the 1985 Standard Building Code. Exterior walls are metal framed and windows are not impact resistant The base flood elevation for 2 Attach any continuations or additional items to this page (Fonn No. HMGP/FMA-OOI, Eff. 10/30/04) Page 2 of 26 Item # 16F 1 April 26, 2005 BCC Page 1 of 1 Ann P. Jennejohn 16Ft From: BernalMaria [MariaBernal@colliergov.net] Sent: Wednesday, April 27, 20053:08 PM To: Ashton, Heidi Cc: Ann P. Jennejohn Subject: FW: Item #16F1 April 26, 2005 BCC Heidi, I guess this is a typo, original work was to start in 2004 but was delayed. How do you want to handle, agreement was approved yesterday and it is on its way for your to sign? Thanks -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us] Sent: Wednesday, April 27, 2005 2:57 PM To: BernalMaria Subject: Item #16Fl April 26, 2005 Bee Hi Maria! I have a quick question for you: There are two different start dates given for item #16Fl, regarding a Tourism Agreement w/city of Naples for the Lowdermilk Park parking lot project, and I want to make sure we have the correct date. The Executive Summary for that item, under "considerations" mentions a start date of June, 2005. And the actual agreement (on page 6) refers to a start date of June 2004. We just want to make sure we have the correct date for documents. Could you possibly get the correct date for me? Thank you, Maria. Ann 774-8406 4/2812005 Item #16Fl April 26, 2005 BCC Page 1 of 1 Ann P. Jennejohn -~ . ]'l.." "".'-"11" .~ ,r'''' 1 I . .~" ' ';\ .;~ lti. , . \! . t . From: BernalMaria [MariaBernal@colliergov.net] Sent: Thursday, April 28, 20054:04 PM To: Ann P. Jennejohn Cc: Ashton, Heidi Subject: RE: Item #16F1 April 26, 2005 BCC Ann, June 2004 as in the agreement is correct, the ES had a typo. Thanks [Bernal Maria] -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us] Sent: Wednesday, April 27, 2005 2:57 PM To: BernalMaria Subject: Item #16Fl April 26, 2005 Bee Hi Maria! I have a quick question for you: There are two different start dates given for item #16Fl, regarding a Tourism Agreement w/city of Naples for the Lowdermilk Park parking lot project, and I want to make sure we have the correct date. The Executive Summary for that item, under "considerations" mentions a start date of June, 2005. And the actual agreement (on page 6) refers to a start date of June 2004. We just want to make sure we have the correct date for documents. Could you possibly get the correct date for me? Thank you, Maria. Ann 774-8406 4/28/2005 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l 'F 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print Oil pink paper. Attach to original doculllelH. Original documents should he hand delivered to the Board Oflice. l'he complelc,t routing .,Iip and original documents are to be tl.ll'warded 10 1he Board Office only after the Board has taken action on the iten!.1 ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 3. ~e(~ \ ~ 0 \ \ \0- ~\?\~ 2.Heidi Ashton County Attorney's Office 4. Board of County Commissioners (The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact stalT for additional or missing information. All original documents needing the Bce Chairman's signature arc 10 be dclivered 10 Ihe BCe otlice only after the BCC has acled to approve the ilem) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached OO( \ S '\Y\ PRIMARY CONT ACT INFORMATION Agenda Item Number Phone Number Number of Original Documents Attached Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is Yes NI A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sutliciency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from "'" contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board \..-- ....- 3. The Chairman's signature line date has been entered as the date ofBCC approval of the r document or the final negotiated contract date whichever is applicable. \.-- 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's / signature and initials are required. 5. In most cases (some contracts are an exception). the original document and this routing slip should be provided to Sue Filson in the Bee otlice within 24 hours of BCC approval. \'JIl\ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Forms/ County FomlS/ BCC Formsl Original Documents Rouling Slip WWS Original 9.03.04 MEMORANDUM 16~1 Date: May 5, 2005 To: Maria Bernal Tourism Tax Coordinator From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Tourism Agreement RE: Lowdermilk Parking Lot Enclosed please find a copy of the original document, as referenced above (Agenda Item #16Fl), approved by the Board of County Commissioners on Tuesday, April 26, 3005. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure 2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AJ 6 F 1 THE CITY OF NAPLES FOR THE LOWDERMILK PARK PARKING LOT RECONSTRUCTION/ RESTORATION PROJECT ; 'i . THIS AGREEMENT, is made and entered into this~\.o day of ~ ~; \ \ 2005 by and between The City of Naples, hereinafter refened to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter refened to as "COUNTY". RECIT ALS: WHEREAS, GRANTEE and COUNTY previously entered into an Agreement dated September 9, 2003 where GRANTEE was awarded tourist development tax funds for the reconstruction and renovation of the Lowdermik Park Parking Lot (the "Project"); and WHEREAS, the Agreement has terminated; and WHEREAS, GRANTEE has submitted a new application for Category "A" Tourist Development Tax Funds in the amount of $375,000.00 for the Project; and WHEREAS, the COUNTY desires to fund a portion of the Project. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the project to be accomplished, along with a project budget, as part of the grant application process, hereinafter refened to as "Proposal", attached as Exhibit "A". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 16Fl 2. PAYMENT AND REIMBURSEMENT. The maxImum reimbursement under this Agreement shall be Three Hundred Seventy-Five Thousand Dollars and No/100 ($375,000.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the Tourism Director or his designee. The Tourism Director or his designee shall determine that the invoice payments are authOlized and that the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each lI1VOICe submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES. Only eligible expenditures describcd in Section 1 will be paid by COUNTY. Any expenditurcs paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thilty (30) days of COUNTY'S written requcst 2 16Fl OJ to repay said funds, COUNTY may request repayment of funds for a period of up to one (1) year . after termination of this Agreement or any extension or renewal thereof. 4. PAYMENT REQUESTS. Payment requests for interim draws and final payment must be submitted to COUNTY in the form of the Request for Funds form attached to this Agreement as Exhibit "D". All payments are on a reimbursement basis only after proof of paid invoices are presented to COUNTY. COUNTY may withhold any intelim draw for failure to provide the interim status report, and COUNTY shall withhold final payment until receipt of the final status report or other final report acceptable to COUNTY. 5. INSURANCE. GRANTEE is required to submit a Certificate of Insurance namIng Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability - Statutory The Ce11ificate of Insurance must be delivered to the Tourism Director, or his designee, within ten (0) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or 3 vendors, including, but not limited to, simi lar or related employees, agents, ollkers, d!c2s F 1 ancllor shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: David Lykins, Director of Community Services City of Naples 280 Riverside Circle Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Jack Wert, Executive Director Naples. Marco Island, Everglades Convention and Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 4 16Fl GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursu:mt to this section. 9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incuned, or contractual obligations incuned with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incuned within the terms of this Agreement. 12. A V AILABILITY OF RECORDS. GRANTEE shall maintain records, books. documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 5 16Fl TERM, This Agreement shall become effective on June L 2004 and shall remmn 14. effective until sixty (60) days after completion of the project described in Exhibit "A", but no later than December 31,2005. 15. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 16. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above Writt,'fl 1; i)1~f:(1fJ ",,"'.,.,...... '" @,\ 1~~SS' 'fl. ., "\ ,;~,;, .~~, '. :''''D^tED'~;~-.R,t.OO 5 ~ ., , '~. ,''"C :.::An~~T:' '. i ~'i> : <gWIGH~'. ,~e~CK, Clerk ",,'/,': "........~-,~~\'.,~ <-'// , r....:~\\~\'!.;.... ...,,,,,.!j ".' ~: 1!;ukv{l~/>"lK.. MUtt . te aaIf_flerk .t...... .1J. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: ~W. ~ FRED W. COYLE, Chain a ..... Approved as to form and legal sufficiency: ~~ J/4 Hci di F. A~ton Assistant County Attorney Item# J~ FI Agenda '(?J . 5 Date , t.~ 0 Date I:: 5 Rec'd v' '05 6 ATTEST: Approved as to form and legal sufficiency: /-'; ~ ,... (,' ~(t-v YI')' '\1', ~.~ \ f 'y .~~, ~. ,i\ ROBERT D. PRITT, City Attorney (corporate seal) CP:TDC\Agree2005: Laudermi IkParkillgLot By: GRANTEE CITY OF NAPLES WITNESSES: (I) S;~)l~ fZ TI1 rJiJ{.'((;;rJ7DJ Printed/Typed Name (2) ~ Zf.,f~ signature Je.ssk-L. I. <()1.e.n&RJ~ Pnnted/Typed Name 7 16Fl .... EXHIBIT A PROJECT BUDGET ACTIVITY AMOUNT Lowdermilk Parkin2: Lot Reconstruction/Restoration Project elements included with the installation of a new parking lot are: Parking Lot and Entrance/Exit Dlives 1. Engineering 2. Demolition 3. New grade, sub-base 4. Repaving 5. Curbing 6 Sidewalks 7. Stormwater (new culverts and intakes) 8. Striping and bumper blocks Sub Total $305,000 9. Lighting (Turtle Compatible) 10. Signage 11. Landscaping 12. Irrigation 13. DEP Permit Sub Total $ 70,000 TOTAL: $375,000 oj 3 EXHIBITA J 6 Fl .. 2- 01 j Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Lowdermilk Parking Lot Reconstruction/Restoration 1. Name and Address of Applicant Organization: City of Naples 735 Eight Street South Naples, Florida 34102 2. Contact Person, Title and Phone Number: Ronald A. Wallace, Director of Construction Management, 239-213-5016 3. Organization's Chief Official and Title: William Barnett, Mayor Robert E. Lee, City Manager 4. Project Description [and location]: Lowdermilk Parking Lot Reconstruction/ Restoration at 1301 Gulf Shore Boulevard South, Naples, Florida 34102 Lowdermilk Park serves a large population of City and Collier County residents, as well as tens of thousands of tourists annually. Currently, there are a total of 166 parking spaces in the main lot, (166 beach permit spaces, of which 6 are handicap spaces). The main parking lot at the park was installed in the early 1960's. Over the last forty (40) years, a significant amount of surface deterioration on the lot has occurred due to age and heavy use. Depressions have developed in several large areas of the parking lot where pools of water gather after a rain. The redesign of the main parking lot will increase the number of permit parking spaces by eighteen. Lowdermilk Parking Lot Reconstruction/Restoration $375.000 Previous beach renourishment projects severely impacted the condition of the parking lot, causing extensive deterioration of the asphalt and underlying base. Reconstruction and restoration costs are approximated at $305,000 and include engineering, demolition drainage improvements, fill, regrading, compaction, sidewalks, asphalt and striping. Landscaping, irrigation, lighting, DEP permit fees and signage improvements would add an additional $70,000. 5. Estimated project start date: June 2004 6. Estimated project duration: December 2005 7. Total amount requested: $375.000 Collier County Tourist Development Council Grant Application Page 2 f'i h I b d- A 30J16Fl 1. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) PROJECT BUDGET ACTIVITY AMOUNT Lowdermilk Parking Lot Reconstruction/Restoration Project elements included with the installation of a new parking lot are: Parking Lot and Entrance/Exit Drives 1. Engineering 2. Demolition 3. New grade, sub-base 4. Repaving 5. Curbing 6. Sidewalks 7. Stormwater (new culverts and intakes) 8. Striping and bumper blocks Sub Total $305,000 9. Lighting (Turtle Compatible) 10. Signage 11. Landscaping 12. Irrigation 13. DEP Permit Sub Total $70,000 Total: $375,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria, Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item l6(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. ~... 16Fl EXHIBIT "D" REQUEST FOR FUNDS '. COLLrnRCOUNTYTOmuSTDEVELOPMENTCOUNC~ EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual c<<?st made during this time period. SIGNATURE TITLE EXHIBIT "D" 18 EB.10.2005__10:12RM----RISK MGMT RSSOCIRTES ACOBLt CERTIFICATE OF LIABILITY INSURANCE PRODUCER (321)832-1500 FAX (3Zl)832-1S13 Public Risk I"5Ur~nCe Agency P. O. Box 9S84~) Lake Mary, Fl 3219) .2 DATE IMfttll)l)ITYYY) o / 5 THIS CERTIFICATE IS ISSUED AS A MATIER 0 IN ONLY AND CONFERS NO RIGHTS UPON THE HOI..D~R. THIS CERTIFICATE DOES NOT AMJ:ND. 0 ALTER THE COVERAGE AFFORDED BY TH!! POLICIES BELOW. NO.524 lNSUR!O City of Nap es Lori Parsons 735 8th Street South Naples, FL 34102 INSURERS AFFORDING COVERAGE I~U~R~ Preferred Gov Insurance Trust IIIISURERBr IIIISURER c= INSURER 0; INSUR~R I!: NAfCt,l --- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THe: INSURED NAM!:D A130VE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONT~CT OR OTHeR DOCUMENT WITJo1 RESPECT TO WHICH TIiIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSLJ~NCE AFFORDED 6Y THE POL.ICIES DESCRIBED HEREIN IS SU13JECT TO AL.L. THE TERMS, EXCLUSIONS AND OOI'lDITIONS OF SUCH POl.ICles. AGGREGATE L.IMITS SHOWN MAY HAVE BEEN REDUCE:D BY PAID CLAIMS. I~"~ :p.g~ 'l'Y1'1ii OF INSUflANCE PO~C'Y NUMBER POUCY EFFecTIVE power EXPIAA"f'ION UMITS GENERAL LlAESIL.I1Y PXFL1Ol1200204-02 10/01/2004 10/01/200) EACH O~CURR.ENOe $ 2.000.000 - X COMMERCIAL ~SNE,"~ ~IAel1JlY DAMAGE TO RENTED $ 25'0 . 000 I CL.AIMS MADE [K] OCCUR MED iXP (AllY IIn. pet'I1Dn) S A P~ONAL &ADV INJURY ~ Incl~ded I-- GENERAL. AGGREGATE $ 6.000.000 G~'L AGGREGATE LIMIT APflLlJ:;S f'1SR: PRODUCTS. COtJIl'lOflllGG ~ Incl~ded II PO~ICV n ~~ . h L.Oe ~OMOIl4LE UABIUTY PXFLI011200j!04~02 10/01/2004 10/01/2005 COMBINED SINGLE LIMIT lli X ANY AUTO lEa accldenl) 2,000,000 - All. OWNSD AUTOS BOOIL Y INJURY I-- $ SCHEDUL.a> AUTOS (I"er perso~) A ~ tclRED AUTOS BODIL.Y INJURY ~ s NOf'l.oW~eD AUTOS (Psr accldSl'll) ~ COmp $1,000 Ded PROPERTY DAMAGE ~ Coll $1,000 Oed (P.r i1Q;ill.llL) S RRAGIi UAIIILITY AUTO Of'lI.Y. eA ACCIPENT S A~Y AUTO OTHER THIl.N EA ACe ~ AUTO ONI.Y: AGG S tJ~SS/UMBREL.LA UABIUlY EACH OCCURRENCE S OCCuR 0 CLAIMS MAPE AG~Re<!lATE $ ~ R OEDUCll~~E S RETENTlON S $ WORKERS COMP~ATION AND PXFL1011200204-02 10/01/2004 10/01/~00) X I ~g9r~1;!J.~ I I o.;w- ~PLOYERS' LIAElILli'I Ii,L, EACH ACCIDENT S 1.000.000 A ANY PROPRI1;TOR/PARTNERlEXECUTIIIS OFFIC1iiRlMSMBEf( exc~UOl:D7 EoL.. DISEASE - EA EMPLOya S 1.000,000 If res. describe IIndllf 1,000.000 s eCIAL. PROVISIONS below i.L. DISEASE. POL.ICY LIMIT $ OTHER PXFL1011200204-02 10/01/2004 10/0 1/200 S Building & Contents A P~roperty Total TIV $88 I 54)9,080 Deduc~;ble $2~.OOO DQCFlIPTlpN OF 9PERATIONG I LClCATIONS I VEHICLES I EJCCLUSIONS ADDED IlV ENbO~EMIiiNT I SPEC/AL ~OVlStOt-Is ~iabi',ty 1S subject to Florida Statute 768.28 ~egarding Lowdermilk Parking Lot Agreemen~ with Collier County Collier County Board of Cou~ty Comm;ssione~s Maria Bernal 3301 East Tamiami Trail Naples, FL 34112 St4QULEl ANY OFTHE MOVE DESCRIBE!) POUCIU BE CANcE!I.LiP BEFORE THE alCP1RATIOi'! DATe 'l'HEiiNiOF. THE ISSUING INaUReR WILL. IiNDEAVOR TO MAIL ....!L- DAYS WRlTTj;N NOTICE! TO THi CERTIFICATE HOLOER 1\IN1oIf:1l TO TI'IE l.I~FT, BUT JlAILUltl! TO MAIL sue" NOTICji SHAl.l.IMPOSIi NO OBLIGATION OR UABIU"f'V OF ANY l<ltolD U~N T"'E INSU IT$ AGINTS NTA'rI\lE.S. AUTHORIZEO REI' TAT ACORD 25 (2001(08) FAX: (23!J)403 -2404 7'\(~L'" OCQ.-l\ ITEM NO.: ()S .. i".~ . ..,' ('.\- UF 'HE. 1 6 F2 ._\D~\N1i A1TORN~ DATE RECEI\V~D: lnOS JUl -8 p~ 3: 49 *' '.11 ;.i. FILE NO.: ROUTED TO: DO NOT WRITE ABOVE TillS LINE REQUEST FOR LEGAL SERVICES Date: July 7, 2005 To: Robert Zachary Assistant County Attorney From: LynM. Wood, C.P.M. '4- Contract Specialist 732-2667 Re: Contract #05-3775 - Environmental Consultant for Clam Bay Restoration Contractor: Turrell & Associates, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 26, 2005; Agenda Item 16F2. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. ~fl fk 4Lr-~ ..{W tJ7~. c/ ~ c~ /"j /{ C - t f' 16F2'.. MEMORANDUM Date: July 12, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Re: Contract #05-3775 Environmental Consultant for the Clam Bay Restoration Contractor: Turrell & Associates, inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16F2, approved by the Board of County Commissioners on Tuesday, April 26, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) . ~~ 16F2~.. Contract 05-3775 Environmental Consultant for Clam Bay Restoration PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 26th day of April, 2005, 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 "COUNTY' or "OWNER") and Turrell & Associates, Inc., authorized to do business in the State of Florida, whose business address is 3584 Exchange Avenue, Suite B, Naples, Florida 34104-3732, (hereinafter referred to as the "CONSUL TANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional marine and environmental consulting services of the CONSULTANT concerning Environmental Consultant for Clam Bay Restoration, (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. . . 16 F 2 -. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1, CONSULTANT shall provide to OWNER professional marine and environmental consulting 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 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 Timothy C. Hall, Vice President, 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 2 and performed under this Agreement. 16F2 "'/ 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 satisfactorily manage the seNices to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S 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 seNices 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 seNices 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. OWNER'S approval of 3 . . 16 F 21. 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 performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 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 (Le. 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 4 authority to authorize Additional Services under this Agreement, such established in OWNER'S 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 8. 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 express prior written approval. Failure to obtain such prior written approval for Additional 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 CONSULTANT'S 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: lh9f2:al 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 5 16F2 1. '. 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 evaluations, rate schedules and appraisals; and evaluating processes available for licensing and 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. 6 ARTICLE THREE OWNER'S RESPONSIBILITIES 16F2 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: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The 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, 7 16 F 2 '. 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 TIME 4.1. Services to be rendered by CONSU L T ANT 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 8 OWNER may be responsible in whole or in part, shall relieve CONSUL!N9 fi~U~ t' 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 Delay" provision. 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, CONSULTANT'S 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. 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 CONSULTANT'S 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. 9 16F2 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. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and 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 OWNER'S 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 OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S 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. 10 16F2 -* 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 attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1 . ARTICLE NINE INSURANCE 9.1. 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. 11 16F2 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" provisions 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 0, 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 12 1 6 F:> l,:., for any action concerning any matter under those policies shall be i~e . 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 OWN ER, 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 "Class VI" or 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 OWN ER 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 13 ~ .1: ,:(,~ has identified each subconsultant and subcontractor it intends to utilize on the Project in 16F2 Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or 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 CONSULTANT 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. 10.4 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 Owner's discretion, 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 14 16F2 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 payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes 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 CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 15 16F2 ~"~ ,j 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination 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 CONSULTANT'S 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 Florida's Prompt 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 16 ,. 16F2.' giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to st~ 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 CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S 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 CONSULTANT'S 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 17 16F2 .(~ was increased due to inaccurate, incomplete, or non-current wage rates and other factual Unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. 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, Building G 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/General Services 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 18 16F 2 : States Postal Service Department, first class mail service, postage prepaid, addressed to the . . following CONSULTANT'S address of record: Turrell & Associates, Inc. 3584 Exchange Avenue, Suite B Naples, Florida 34104-3732 Telephone: 239-643-0166 Fax: 239-643-6632 Attn: Todd T. Turrell, P.E., 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. 19 16F2 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 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 20 . brought in the appropriate federal or state courts in Collier County, Florida, !hi2 Eu' have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 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'S 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." 21 16F2 ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve 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 OWNER'S 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 OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S 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. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Environmental Consultant for Clam Bay Restoration the day and year first written above. ATTEST:,,"" . .."<",>- ",,~\~\: 1I.f:0.7' "'" . ",'- -",):), . ,. '<t.. ,.-. "..y::"" 1'_> DWlgh~".tt..B~ORk, CJr~tk\, _ :c'': .~i :~~ \,~:' By: ...: ' :. fO,( . .-:. ,'" l,., . ',- _', Date:::!] 1 -w:y ,,' $ Attest.s to' Chatrlla" IfOn.tan on1,. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Item# I(oF;r By: Fred 10F2 Turrell & Associates. Inc. By: .1? C_ ~ Timothy C. Hall, Vice President Typed Name and Title ~2~ .JrLiA ~ ~ Witness ;tZQ,.. i e./le. k I .k~'\c ne/ 23 16F2 SCHEDULE A SCOPE OF SERVICES BackQround - The Florida Department of Environmental Protection permit #0128463-001-JC and United States Army Corps of Engineers permit #199602789 (IP-CC), authorizing restoration activities in the Clam Bay System make annual monitoring through fixed vegetative and hydrographic survey of the Clam Bay system a special condition of the permit for ten (10) consecutive years. The final report required by the permits is due at the end of 2008. All of the information collected throughout the year as part of the biological and hydrographic monitoring will be compiled, summarized, and organized into the Annual Report for submittal to the state and federal agencies. A power point presentation will be made to Pelican Bay Services Division and Pelican Bay residents at the Annual Meeting. CONSULTANT will complete the following tasks upon authorization by OWNER: Task 1 - Biological (Mangrove) Monitoring Monitoring plots established within the main mangrove die-off area will be used to monitor the area's recovery. Additional plots spread throughout the system will monitor the response of the mangroves to lightning strikes or other observed disturbances. Meandering transects and interpretation of aerial photography will be used to look for or document signs of stress within the system, to monitor the spread of the stressed areas, and to track down the causes(s) of the stress. Over the past several years, a network of small flushing channels has been dug throughout the main die-off area. These channels have been instrumental in the recovery effort documented within the system to date. Future monitoring efforts within the system will have to include documenting the condition of these small channels as well as to insure that the improvements seen within the system to date are not lost. Task 2 - Seagrass Monitoring Snorkeling or SCUBA equipment will be used to monitor seagrass transects throughout the Clam Bay system. Monitoring plots established along the transects will allow for quantitative documentation of the growth or decline of the seagrass community. Observations will be compared to previous years to document how this benthic community reacts to changes within the system. Task 3 - Seagate Culvert Flow Study CONSULTANT will monitor culvert flows through two complete tidal cycles on an annual basis to quantify water amounts leaving and entering the Clam Bay System through the Seagate culverts. Information collected will be compiled and included in the Annual Report. 24 16F2 Task 4 - Water Quality Monitoring Pelican Bay Services Division will collect water samples and CONSULTANT will provide data analysis and report preparation. Task 5 - Tidal Data Collecting Collection of data will be performed by Pelican Bay Services Division and CONSULTANT will provide coordination. Task 6 - Hydrographic Surveys Surveys will be performed under a separate contract and CONSULTANT will provide coordination. Task 7 - Hydrographic Report CONSULTANT will prepare this report in coordination with Tasks 5 and 6. Task 8 - Annual Report CONSULTANT will prepare the Annual Report which includes an update of all activities conducted within the system that were part of the restoration efforts, as well as an update on the status of the habitats within the system. CONSULTANT will coordinate and compile data collected within the system by all contractors and will produce a report for presentation to the Department of Environmental Protection and the U.S. Army Corps of Engineers that can also be distributed to County officials and other interested parties. The data compiled in the report will include summaries of the biological monitoring, the water quality monitoring and summaries of any other relevant activities that occurred within the system. Task 9 - Annual Presentation CONSULTANT will coordinate a power point presentation that can be given to the residents of the community at their Annual Meeting. Task 10 - Miscellaneous Services CONSULTANT will provide miscellaneous services to include, but not be limited to, general consultation, design for dredging, interior channel construction, dune restoration, cattail enhancement and reimbursable expenses. 25 16F2 SCHEDULE B BASIS OF COMPENSATION LUMP SUM and TIME AND MATERIAL 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: Kyle Lukasz, Field Operations Manager Pelican Bay Services Division 801 Laurel Oak Drive Naples, Florida 341 08 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. TASK 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Miscellaneous Services FEE $25 355.00 $ 4100.00 $ 3 824.00 $ 3 345.00 $ 575.00 $ 575.00 $27856.50 $11 035.00 $ 5 070.00 NOT TO EXCEED $80 000.00 TOTAL FEE Total Items 1-10 $161,735.50 U U U U U U U U U 26 16F2 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum and time and material amount of one hundred sixty-one thousand seven hundred thirty-five dollars and fifty cents ($161 ,735.50) to be paid to CONSULTANT for the performance of the Basic and Miscellaneous Services. B.2.3 For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT on a time and material basis based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The time and material fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Miscellaneous or Additional Services without OWNER'S prior written approval. B.2.4 Notwithstanding anything in the 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: B.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 Basic Services and Miscellaneous or 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 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. B.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 CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 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. B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Miscellaneous or Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 27 8.3.4.1 16F2 Reimbursable Expenses associated with Miscellaneous or 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: 8.3.4.1 .1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8.3.4.1 .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. 8.3.4.1 .3. Permit Fees required by the Project. 8.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 8.3.4.1.5 Expense of models for the County's use. 8.3.4.1.6 Other items on request and approved in writing by the OWNER. 8.3.4.2 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. 28 SCHEDULE B - ATTACHMENT 1 CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE 16F2 TURRELL & ASSOCIATES, INC. Fee Schedule Principal/Professional Engineer $150.00/hr. Principal/Expert Witness $250.00/hr. Senior Project Manager $115.00/hr. Marine Construction Specialist $110.00/hr. Senior Biologist $105.00/hr. Staff Biologist $ 90.00/hr. Senior Marine Biologist $105.00/hr. AutoCAD Technician $ 85.00/hr. Administrative Assistant $ 50.00/hr. Aircraft $200.00/hr. Boat $45.00/hr. 29 SCHEDULE C PROJECT MILESTONE SCHEDULE 16F2 Task 1 - Biological (Mangrove) Monitoring Task 2 - Seagrass Monitoring Task 3 - Seagate Culvert Flow Study Task 4 - Water Quality Monitoring Task 5 - Tidal Data Collecting October 31, 2005 August 31,2005 June 30, 2005 Monthly At Three Month Intervals Continuously Task 6 - Hydrographic Surveys April 30, 2005 July 31,2005 Task 7 - Hydrographic Report Task 8 - Annual Report November 30,2005 Task 9 - Annual Presentation December 31,2005 Task 10 - Miscellaneous Services As requested by OWNER 30 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAll.. CONTRACT ADMINISTRATION PURCHASING BUILDING ADMINISTRATIVE SERVICES DIVISION NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 16F2 Contract 05-3775 - Environmental Consultant for Clam Bay Restoration It is understood that in the interest of time and to comply with FDEP and other business requirements, the contract with Turrell and Associates is being released by Risk Management for further processing. It is understood that the contactor will be performing work in navigable waterways and it is also understood that the contractor has not met the insurance evidence requirements of the contract due to a failure to provide evidence of United States Longshoreman and Harborworkers Act coverage. Contractor agrees to further pursue and obtain coverage, however, contractor also agrees to hold harmless and to indemnify the county for any claims or costs of any kind resulting from an injury to an employee or other covered person as a result of their failure to comply with this insurance coverage requirement. c;r./ , ff Weiker, CPCU, ARM Director, Risk Management Turrell & Associates, Inc. By. y~ TI /1-() T flY H A-lA- Printed Name II 1f.,E. f'a! &/17& .v, Title 06/3012005 10:48 2396932522 EDISOH INS 01 ~PORD.. CERTIFICATE OF liABILITY INSURANCE IMMIODfYY'fY1 TmUul:-l OEi 30 05 THIS CERTIFICATE IS ISSUEO AS A MATTER OF IN!!'OIWATION ONLY AND CONFERS NO RIGHTS UPON THE CER1IFtCATE HOLDER, THIS CERTI~ICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PIl,QllUCER ~~iB9~ Insurance Agency, Xnc, 39.is Palnl :aeach BO\llevard #A J'orb. Myers FI,3391G Phone l 239-693 -0400 FE.UC.1239-693 - 2522 '11<111/11100 Turr...e.l.1. & AaaociatesL Inc. 3584 Exchange Ave., lite B Naples PI. JU04 INSURERS AFfORDING COVERAGE INSURER'" GUU- VND. INS. CO. INSURF,;flB; INSUIlEIl c: INSURER. tk INSURER E; NAIC# rHSPpL1CIE! 05JNSIJ~E USTl;O BEtOW HMfi; BEEN l!ISUSO TO TliE INS!J~l!ONAMEO ...aove "ORTH~ POLICY P\ll'IiOD 1i'..l:llCA,Teo. NO'TWrr"'STANOIN~ "'~Aeo\iIRGMI",T.TEr'tl" OR CONDmo", OF ANY CONTRACT OR OTIIE~ POCW""Etl1wrrH RESl'teT. TO WlollCloJ TIM CERTlFICATl; NlAY ae ':lSVEO OR ",.'YPERfAiN, THE INSURANCE. .'''FORDED QV THf f'OllCIl:S O..SCfMfO I1SRI<IN is SUaJeCTTo M.I. THE: TeRMS. I1.J(CLUSIOtolS ANO CONDITIONS 01' SUCH POl./CIES AGGREGATE liMITS SHOWN ,,^,y Ii/IVE lleEN A.!:'Duceo 8'( PAID etAIMS. POI.II;V NUMl'lER FBC5101486 O./:L~/05 IiACII OCCURREIIICE 04/U/06 i PReMI8ES1E&O=~",,~) i i MEO EXP (Arty one pHs"") l....""'---~--~ I PERSONAL &A~NJ\JRV GeNfAAlAQGREGATf 1l"l1T$ 31000009 ~ 50000 s SOOt) , ---.' $1000000 $ 2000000 PROOVCTG .COMPIOP AGO 5,2000000 i COMBiNeD !lINGllHIMIT , $ . (1:"0 .eIMenl) I aOOlI.Y INJURY ~ (Por_O) . ! s -.-.......---------!..--.._-...."--. 900ItYINJURy.. .. I $ . (P8( DCOlJ'Jenl) : EXCeSSIUMBREll4 tlAlliLrTY oceLlI; [] ClJ.IME; !MOlt , I I PRDPi;iRTV OAlMGIi ! (P.r tCCldenll I AUTO O'lL V . fi:A ACCIDENT $ E... ACe $ AGO $ EACHOCCUIlRENC_~..._..._ $, AGGREGATE $ S -..---. S ---------..... $ OTlil'iR TO<!M. AUro ONLY ANY NiTO CEOUCTllllE RETE.'mON $ i.WOIu<EI'lS COMJ>t!'l$ATION AND E"'P~QYEIlS' lIUiLlTY ANY PA'::) I N(I1:l:)(ECLlTIVF.; UOEO? !" . i-jJ.~~.. I'LL. EACH ACCIDENT la. OI$EASl;. . tA EMplOVl!iE S I H CIS EASE .. POLICY liMIT: $ .ll.1 Prof. Liability FEC51014B5 04/16/05 04/1,6/06 I OE$C1l11"110N OF OPSRATIONllllOC4TIOIIS I V'E"lc~l'i!l IEXClUSIONllAOOED IIV l!IlOOAS~MCNT f SPEctAl. PROV1SIONS: Marine .\'c. Env:l. rOt".JlIent:al Conaul ting Collier County Board of County Commisdoners is an additional Insured. $1000000 CERTIFICATE HOLDER Collier County Risk Management Atto; C/O Sheree Hediavilla Building tl 3301 T~iami Trail g Naples FL 34112 COLI,O J7 CANCELLATION 30010111.0 MY OF THE Aeove OUCflJ6EC I'OUClE$ BE CANCELLED Bl!FORE THE ElCPIl'M.TlON DATE 'l11IA.EOF, filE ;SSUINQ INSUIIIEII WIl.L. f~CEAVOA TO MAll ~ DAn ~ITTEI4 NOnce TO THE CI!lITlrlCATE HOtDE~ "A"'ED TO THI! LeFT, OlJT FAilURE 1000 SO SHAlt IMPOSE NO OllllGA TiON OIlI.I/'I611lTY 01' ANY ~jND UPON THI1IN&VRER.ITS 044 tNTS OR REPRfSENTATIVES. AUTHOR1ZEO REpRESl!"TAllYE Carmen L. Wolfe t~2e9170 \CORlJ 25 (2001/08) Client#: 3156 TURRAss3 ACORDTM CERTIFICATE OF LIABILITY INSURANCE TE (MMlDDNY) 06/30/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER suncoast Insurance Associates P.O. Box 22668 Tampa, FL 33622-2668 813289-5200 INSURERS AFFORDING COVERAGE Turrell & Assoc., Inc. 3584 Exchange Ave Suite B Naples, FL 33942 INSURER A: Northern Assurance CO. INSURER B: INSURER C: INSURER D: INSURER E: INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER Pgl!f:(~J;5%~ P~~fl,~:NM;W\N LIMITS LTR ~ERAL LIABILITY EACH OCCURRENCE $ COM M ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $ f-- U CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ f-- GENERAL AGGREGATE $ - ~'LAGGREn LIM ITAPnS PER: PRODUCTS .COMP/OP AGG $ POLICY ~~8;: LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =l' ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ~OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND IT~~~T~;,~-;, I IOJ~- EMPLOYERS' LIABILITY EL EACH ACCIDENT $ EL DISEASE - EA EMPL OYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER NBJH51119 09/07/04 09/07/05 See Below Commercial Ocean Marine DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Miscellaneous Coverage- Ocean Marine 1. Vessel: 16' Geenoe Workboat, $1500 Hull/$1000 Motor -$250 Ded Protection & Indemnity $1,000,000 limit with $1,000 BI/$250 PD Deductible 2. Vessel: 16' Dolphin Flatboat, $10,000 Hull -$500 Ded (See Attached Descriptions) CERTIFICATE HOLDER I I ADDITIONALINSURED:INSURERLETTER: CANCELLATION SHOULD ANY OF TH EABOVE DESCRIBED POLICIES BECANCELLED BEFORETHE EXPIRATION Collier County BOCC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30....-DAYSWRlTTEN Attn: Sheree Mediavilla NOTlCETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT, BUT FAILURE TODOSOSHALL 3301 East Tamiami Trail 1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Building D REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE I ~ J'n- ,.. J'I. a..-. ACORD 25-5 (7/97}1 of 3 #s107205/M99364 KJs @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD2S-S(7/97)2 of 3 #810720S/M99364 Protection & Indemnity $1,000,000 limit with $1,000 BI/$250 PD Deductible 3. Vessel: Trailer: $1500 -$150 Deductible 4. 3 Crew (Jones Act) Navigation -The waters of Collier County and Lee COunty, Florida RE: Clam Bay Restoration -Contract No. 003142 Environmental Consultant for Clam Bay Restoration AMS 25.3 (07/97) 3 of3 #5107205/M99364 16F2 LlCYNUMBER: 77 60586-304-0001 BUSINESSOWNERS ENDORSEMENT CHANGES THE POLICY. PLEASE AEADIT CAREFULLY. RED AUTO AND NON-OWNED AUTO LIABILITY rsement modifies insurance provided under the following: ESSOWNERS POLICY OulSe. SCHEDULE Ir loss or da. 00% of the L 19S Shown i Ire than $2 Coverage Hired..Auto Liability Non-OWned Auto Llabllity ~is provided only for those coverages for sjJeclflcpremium charge Is shown In the nsor In the Schedule. JS. n~urance provided under the ssowners liability Coverage Form, phA.1,Business Liability, applies to yinjury" or "property damage" arising the maintenance or use of a "hired auto" u or your "employees" lnthe course of '[ business. ;urance insurance provided under the essowners Liability Coverage Form, ph A.1. Business Liability, applies to y Injury" or "property damage" arising the use of any "non-owned auto" In your ess by any person other than you. ance prOVided by this endorsement only: e{(clusions, under the 6uslnessowners ity Coverage Form, Paragraph B.1. able to Business liability Coverages, than exclusions a., b., d" f. and i. and uclear Energy Liability Exclusion, are ed and replaced by the following: "Bodily injury" to: (1) An "employee" of the Insured arising out of and In the course of: (a) Employment by the insured; or (b) Pertorming duties related to the conduct of the insured's busi- ness; or (2) The spouse, child, parent, brother or Additional Premium $ 36 $ 71 sister. of that "employee" as a COl"lse~ quence of Paragraph (1) above, This exclusion applies: (a) Whether the Insured may be liable as an employer or In any other capacity, and (b) To any obligation to share dam- ages with or repay someone else who must pay damages because of injury. This exclusion does not apply to: (i) Liability assumed by the in- sured under an "insured con- tract"; or (ii) "Bodily Injury" arising out of and In the course of domestic employment. by the insured unless benefits for such Injury are in whole. or in part either payable or required to be pro- vided under any workers compensation law. b. "Property damage" to: (1 ) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care. custody or con. trol of the Insured. 2. WHO IS AN INSURED in the 6uslnessowners Liability Coverage Form, Paragraph C., is replaced by the following: Each of the following is an insured under this endorsement to the extent set forth below: a, You; Copyright, Insurance Services Office, Inc.; 1996 Page 1 of 2 I I I I ( ] I ( ] I [ J Non- Owned I I ! I I I I I I I 1 I I Should ~ny ot the I'lbovl;' descr1be ellecl befcre: the expiratior: date. the \ns,:ranct'! c any wlll E':ideavor to mai 1 30 d~ys wrl';ten notlce to the dbove I\i)illed certlficate h01der. but fal1uf'e to man SJC1 notice shall 1rnpo~e no o!l11gation or liability :Jpen tl1e cQmpijny. "Its aget"ts, or rl1'pre.entat lve", [X) Workers' Compersatw'" llnd [ Xl i;ipp 1 oyers' L lal)11 ity I I I "' I j I l i 1 I I I I I 00 I I $ 1.COO.000 I I $ 1.000. DOC I I OESeRl mON OF OPERAT lONS/LOCATIOtl$ VEHICLES/RESTRICTIONS/SPECIAL iTEMS PLEASE NOTE CER1IF1CAHHot.OEll J$ ALSO LISTED AS ADfJ!TlONAl iNSURED. /h.Z1Jfltglc.m--- Authori ~ed Representilt j ve; BREi/'/ ACKH~"M; CounterS1l1f1E'd at~ iS75 PIN!': RWr;r. Rf} srr: 17 NAPLES. FL 34109 05.09-06 I STATUTORY LIMnS I Sool JRY IACCIDENT. $ 1. 0 ' I Bodily Y by 01 se.ue I EACH YEE '...,.. I SOdlly Injury by J15ease I roue'\' LIMIT . . Effectlve DatE of Certificate: 05-09,2005 Date CertjfiClltcls~ued: 06-3().20C5 , ~~ ~~ 1613SgS mNL DArr: :BY: 'wil,lhnv rnrf""<lI>1'\'\"'I"lh- V;"'"",'P.vl"'..o,."".,...,1.?CXT "1l"1nmH. SCHEDULE D INSURANCE COVERAGE 16F2 (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 CONSULTANT'S 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 CONSULTANT 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 31 16F2 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 subconsultant's seNices, 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. 32 16F2 (9) If the initial, or any subsequently issued Certificate of Insurance expires prior 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. 33 16F2 (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _X_ Applicable Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _X_ Applicable Not Applicable (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. _X_ Applicable Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. _X_ Applicable Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes _ No (1) Commercial General Liability Insurance, written on an "occurrence" basis, 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 34 16F2 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 Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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. 35 16F2 AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes -- No (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: _X_ 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 36 16F2 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 _X_ $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate _ $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 performed 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. 37 VALUABLE PAPERS INSURANCE 16F2 (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. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S 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 CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S 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. 38 16F2 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 39 ACOR.D. CERTIFICATE OF LIABILITY INSURANCE OP 10 1" DATE (MIIIOOJ'fYYY) 'rIES'1'A -1 OS/1S;OS PRODUCER THIS CERTIFICATE IS ISSU ED AS A MATTER OF INFORMATION Insurance and Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Se:r:vi.ces, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8950 Fontana Del Sol Way '200 AlTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Naples FL 34109-4374 I Phone: 239-649-1444 Fax:239-649-7933 INSURERS AFFORDING COVERAGE !NAIC# INSURED I~,,'SJRER A 1\'St.>li;"R e =le - Vendor Name I~;SLIRER C ; 895 Fontana Del SOl Way, '200 INSURER [l i Naples I!'L 34::1.09 INSURER E 16F2 COVERAGES THE ~OUCIE'S OF ~E' liSTED eaow HAVE BEEN IS-SUED TO T;-E INSURED t.lAMED N:,OVE FOR THE f>o::U:V PERIOD INCIC...,TE!l I<OJT\I'IITl-'.sTIl/()!r4c. IW'f REQUIREMENT. TE,,1~ OR C01<UITION OF ,'W' C()!l;'fRAL""T OR an<<:R DClCtJI.1EffT WiTli RESPECT TO WllIGi TH;S CERTIF;U.TE "'...V BE ISSUED OR ~'A\ PER'fAlfol. ThE ~E AFOR'"..ED 6Y 11-IE POLICIES DESCRISED HeREir4 is &.eJECT TO ,.o..u. THE TERMS. E<CLUSIONS AI-C CONOITIONS CF SOCH POLICIES. ~GATE LIMITS SHOWN MAY H"NE eeEtj REOlX;ED 6Y 1".0.10 CLAIMS. L1R INSRl TYPE OF lNllURANCE PClUC'l' NUMBBl i rOOE'IMMIOOiW)= "8k'fET(UMlODNYl LloIfTll GENeRAl. UIlBlUTY E.'\CH ~ENCE If - ~~'!;;'GE'IOM:=:'.IiW C~CIAl.. GENEPAL U~lrrY f'r::EMISES tEe <XelJl"E:l'K:;;' l - U Q.!',.~S MADE 0 OCctP. 1$ - ~ED Ei<P ,;\ry ."" ~""''''''i PER5~<l'.l &,>.DV INJ.RI 'I - -------.--------. GE~ AGGREGATE $ - (;EN'L AC-GREGATE LIMIT APl'LIES FEI<' FROO\JCTS - COIIF'IOF AOO $ I POLICY n~ nLOC ! AUTOlIIOBILE LlIl.BIUTY COMBINED SINGLE LIMIT - (E.~ido;'lIl l IWY AUTO - ALl OV\"NEO .A1JTCS SODIL',' !NJU:W - , SCHEDULED AUTOS (p(lr P(4'S;XI) - - HR:O "AJJTOS BODILY iN..lURr {P~r 1!J{;cldant> $ - NON-OWNED .AUTOG - PROPERTY D.AM~ $ {Per <.!ceidenti GAAAGE LlABlLrrY AUrO ot-l V. EAACCIDEliT $ R N<Y NITO OTHER mAN EANX $ .....--- f--...---.-.----..--- AUTO l'<<. \. ,Af;G 'I EXCES$/UNBRELLA UASII.IlY EACH OCCURRENCE 'I t=J OO:UR o C;J>.lMS MADE p.(..GREG.~TE t ."-.------.-.----..-- $ R -.-.-.------..- DEDOCTlBLE 'I RETEtmOIJ 'I 'I WOFltlERS COMPENSATION AND I~.t:~its I i"ER eMl'LOYEftS' LlABtUTY .<\NY f'R(lI"!liE'1'O,,-P;"RTNERIS<C<::VnVE E.L EACH ACCICENT 'I OFFICERINt"MSER EXCLUDED? EL DISEA.SE - EA EMPLOYEE $ If 'P3'S, ooscnb::) tro~ 3PEC1Al. PROV ISle,!,; ~olc'" E: l. D~SEA"5E.- wC)UC( liMiT 'I OTHER ; DESCRIPTION OF CA:RA1lONS f LOC....TliJNS I VEHlCLEllI EXGLLJIllONS ADDeD BY ENOORSEMEm I SPECIAl PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOUUl ANY OF THE ABOVE DESCRIBED POUGIES BE CANCELLED BEPORETHE EXPIRATION OATETHEREOF. THE ISSUING 11IISlIRER WILL ElIIOEAVOR TO t.IAlL ~O OAYS WRITTEN - NOTICE TO THE CERT1FICATE HOLDER NAAEO TO THE lEFT, BUT FAILURE TO 00 SO SHAlL IMPOSE NO OBLIGATION OR LlIl.BILJTY OF Il.N'/'KINO UPON THE INSURER, rrs AGENTS OR REl"RESENI'ATIVES. AUTHORlZED REPRESEt.lTATIVE :IXMS - Dead Accounts ACORD 25 (2001/081 @ACORDCORPORATlON 1988 16F2 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Turrell & Associates, Inc. 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 Environmental Consultant for Clam Bay Restoration are accurate, complete and current as of the time of contracting. Turrell & Associates, Inc. BY: V. )//L TITLE: Vice President DATE: 06 h~/dS- r 42 16F2 SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS Employee Category Employee Name Anticipated % Involvement (as measured by Man hours) Turrell & Associates (prime Consultant) 1. Principal-in-Charge Todd Turrell, P.E. 3% 2. Project Coordinator/Manager Tim Hall 20% 3. Staff Biologist Kara Cave 22% 4. CAD Tech Kurt Duckwitz 7% 5. Others Lee Russell 2% (Admin.) Lewis Environmental (Sub- consultant) 1. Principal Robin Lewis 4% 2. Staff Biologist Mike Marshall 8% Humiston & Moore (Sub- consultant) 1. Principal! Project Engineer Ken Humiston 19% 2. CAD Tech Greg Roebuck 10% Reimbursable Expenses (All 5% Consultants) Total 100% 43 " 8 ORIGINAL DOCVl\1EN't&'CHECKLIST & ROUTING SLU' .."'- .... TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .', r- ~ . . THE B~ARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA', r ., Pnnt on pmk paper. Attach to ongmal document. Ongmal documents should be hand dehvered to the Board OtTice, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu routin lines #1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 2. 3. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) 6. Minutes and Records Clerk of Court's Office Name of Primary Staff Phone Number Contact Darcy Waldron 774-8000 Agenda Date Item was Agenda Item Number Approved by the BCC 4-26.05 16F3 Type of Document Number of Original Attached Agreement Documents Attached Two I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark 'IN/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be a ar of our deadlines! The document was approved by the BCC on 0 (enter date) and all changes made during the meeting have been incorpora ed i the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A Iicable) 2. 3. 4. 5. 6. I: Formsl County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05 \ MEMORANDUM Date: April 27, 2005 To: Darcy Waldron Emergency Management Prom: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Jnterlocal Agreement with the North Naples Fire Control & Rescue District Enclosed please find one (1) original document referenced above, (Agenda Item #16F3) as approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you have any questions, please call me at 774-8411. Thank you. Enclosure 1 t~ ~-, INTERLOCALAGREEMENT 16F3 ~ ADVANCED LIFE SUPPORT ENGINE PARTNERSHIP THIS INTERLOCAL AGREEMENT, made and entered into this b<& ~ day of ~R.l \ 2005, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the HCOUNTY" and the NORm NAPLES FIRE CONTROL & RESCUE DISTRICT. WITNESSETH WHEREAS, the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT and COUNTY will participate in consistent County Emergency Medical Services (EMS) Department medical direction, First Response EMS Paramedic Vehicle protocols, training and quality assurance on a countywide basis; and WHEREAS, the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT seeks to enhance EMS service further through a partnership with COUNTY; and WHEREAS, the Advanced Life Support (ALS) Engine Program partnership provides for an NORm NAPLES FIRE CONTROL & RESCUE DISTRICT FirefighterlParamedic and/or FirefighterlEMf work and train on a COUNTY EMS Paramedic Unit providing advanced life support paramedic duties and/or basic life support EMT duties; and WHEREAS. the Advanced Life Support (ALS) Engine Program partnership also provides for the licensing of seven [7] additional NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT apparatus as ALS to provide advanced life support coverage as outlined in COUNTY EMS medical protocol; and WHEREAS, The ALS Engine partnership provides for a COUNTY ParamediclFirefighter to respond to 911 emergencies on a fire apparatus of the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT to provide Advanced Life Support paramedic duties and fire suppression duties. NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and NORTH NAPLES FIRE CONlROL & RESCUE DISTRICT agree aJ 6 F ~ follows: SECTION I: COUNTY'S RESPONSIBILITY 1.0 The following specific services, duties, and responsibilities will be the obligation of the COUNTY, regarding the ALS Engine partnership. 1.1 The COUNTY EMS Department, as a sole license provider of advanced life support under Chapter 401, Fla. Stat. (2004) and Subtitle 64E-2, Fla. Admin. Code (2004) will license and equip eight [8] NORTH NAPLES FIRE CONTROL & RESCUE DISTRlCT fire apparatus as non-transporting ALS vehicles under the COUNTY EMS license for the purpose of enhancing 911 medical responses. 1.2 The COUNTY EMS Department will provide one [1] PararnedicfFirefighter to the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT 365 days per year, 24 hours per day to be utilized on a fire suppression vehicle licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, FIa, Star. and Subtitle 64E-2, Fla. Admin. Code. 1.3 As pursuant to Chapter 40 I, Fla. Stat_ and Subtitle 64E-2, Fla. Admin. Code, the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT may operate their licensed ALS apparatus as a BLS response when a Paramedic does not staff the vehicle. SECTION II: NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT'S RESPONSIBILITY 2.0 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT shall provide and perform the following specific services, duties and responsibilities regarding the ALS Engine Partnership. 2.1 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT will maintain eight [8] ALS Engine, Rescue or Ladder apparatus, licensed and equipped by the COUNTY at various North Naples Fire Stations and will respond to medical 911 emergencies as directed by the COUNTY EMS medical protocol as an emergency medical response and fire suppression vehicle. 2.2 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT will allow the staffing of one [1] of their licensed ALS Engine, Rescue or Ladder apparatus, with one [1] COUNTY Paramedic/Firefighter which is licensed and equipped by the COUNTY at North Naples Fire Station 2 #44 and will respond to medical 911 emergencies as directed by th~ 6 F 3 COUNTY EMS protocol as an emergency medical response and fire suppression vehicle. When appropriate manning is available the additional seven [7] licensed apparatus may be staffed with NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT Paramedic(s). 2.3 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT will provide one [1] FirefighterlParamedic or Firefighter/EMT to the COUNTY at EMS Station #3 and will respond to medical 911 emergencies as directed by the COUNTY EMS protocol as an emergency medical response vehicle. 2.4 The NORTII NAPLES FIRE CONTROL & RESCUE DISTRICT will comply with the medical protocol, training and quality assurance programs of the COUNTY. SECTION III: MUTUAL COVENANTS 3.0 The COUNTY EMS Department will be responsible for assuring the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT FirefighterlParamedics and/or FirefighterlEMTS meet all requirements for licensure and recertification as Florida Certified Paramedics and/or EMTs. 3.1 The COUNTY EMS Department and the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT will provide each other's department Paramedic/Firefighter similar training and internship programs as would be provided for a COUNTY or NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT employed Firefighter/Paramedic or FirefighterlEMT. SECTION IV: OPERATING PROCEDURES 4.0 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT FirefighterlParamedics and Firefighter/EMTs will meet the same requirements and perform under the same medical protocol, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 4.1 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform under the same standard operating procedures and chain of command as employees of the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT. 4.2 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT and COUNTY EMS Department will recognize the respective ranks of assigned ParamediclFirefighters. COUNTY ParamediclFiretighters 3 '...--. will assume command on medical rescue calls. The NORTH NAPLEl 0 F '3 FIRE CONTROL & RESCUE DISTRICT FirefighterlParamedics or F irefighter/EMTs will assume command on fire suppression calls. Each department will provide the appropriate response of command personnel to incidents as necessary to maintain adequate scene command. SECTION V: RESO~UTION OF CONFLICTS 5.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict regarding emergency medical patient care, these issues wi]] immediately be decided in the following manner; 1. First and foremost by the medical needs of the patient 2. The COUNTY Paramedic/Firefighters and EMS command structure will have full jurisdiction until the issues involving the patient are resolved. Should issues arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VI: SCHEDULING 6.0 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT Firefighter/Paramedics and Firefighter/EMTs will be assigned to a medic unit located out of EMS Station #3. The COUNTY EMS Department ParamediclFireflghters will be assigned to an ALS apparatus located out of North Naples Fire Station #44. 6.1 The location of either apparatus assignment may be changed by mutual consent between NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT and COUNTY EMS. SECTION VII: AGREEMENT TERM 7.0 The Interlocal Agreement shall remain in full force and effect from the date first above written and shaH terminate and be up for review and renegotiation after 3 years. Nothing within this agreement precludes the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT or COUNTY from requesting mutually agreed upon routine modifications 4 7.1 The COUNTY or the NORm NAPLES FIRE CONTROL1&6 F3 RESCUE DISTRICT may terminate this Interlocal Agreement prior to completion of all terms of said Interlocal Agreement upon thirty [30] days written notice to each other. SECTION VIII: INSURANCE 8.0 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statutes. 8.1 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRlCT and COUNTY agree that either party may be self-insured on the condition that all self-insurance must comply with aU State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. SECTION IX: HOLD HARMLESS PROVISION 9.0 To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28 Florida Statutes, the North Naples Fire Control & Rescue District (hereafter referred to as "District") and the Collier County Board of Commissioners (hereafter referred to as "County") agree to hold harmless the other, their employees, and agents against any and all claims and or damages arising from their respective negligent acts as performed pursuant to this agreement. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on the District or the County when it would not otheIWise by law be responsible. SECTION X: MISCELLANEOUS 10.0 This Interloca1 Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of the lnterlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses, including reasonable Attorney's fees. 10.1 It is understood that this Interlacal Agreement must be executed by both parties prior to the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT and COUNTY commencing with the work, services, duties and responsibilities described heretofore. 5 -~-- ,....-.... '. .-. .-"-_"_'"-_'___'~___-._.,_..,~m_~._.. ... ...__~"_.._~.,,"~_..~_,_",~.~_.__,~_.~,,, 16F, 10.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments shaH be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall file said agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF... the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. ~'1t,tt\l\'~f' '. 'r.. .'. . <j;. '. .' S <.>/">, n',.~ ...:> ". DWigpt,B........~~.~ 't~ c ~_.:". '''i~.i~.: ':. . ~tbtrit ~,'toi,,~ l' (. ~ : A~.::'~'" ._ " ~ l~, J~~ ': -' '. t ,~ '1...t..(.'_ll.'::~"~~ ~~:;. .,.. '~. H'~.~"t~Y-',i:';.'~'" ',' ~"I7?;\' Approve(f1iSe~~\fdttb and legal Sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~W. (~ Fred W. Coyle, Chainnan - ._:W&~ BOARD OF FIRE COMMISSIONERS OF THE NO~TH NAPLES FIRE CONTROL & ~UE DISTRICT , (...._ _::::::==:=:-------i-- -.....~~/ 'tWr-'" .' ....... ... . ..... ~ . ' " -~----~--====~ /,!; ombardo, Chainnan ~_.' ''?!0v- 6 3 OPERA llONAL PLAN for the ALS Engine Exchange Program Medic 03 & ALS Engine 44 between Collier County Emergency Medical Services / Fire Department & North Naples Fire Control & Rescue District V.0405 16F3 The following are basic guidelines of mutual understanding and cooperation between the COLLIER COUNTY EMERGENCY MEDICAL SERVICES I FIRE DEPARTMENT and the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT. Portions may be revised at any time as changing situations warrant. Each change will be a cooperative effort by both agencies and must be approved by each agency for their mutual benefit and that of the community. The intended goal is a safer, more efficient and effective service for everyone concerned. These guidelines are developed specifically for ALS ENGINE 44 and Medic 03's staffing and operations. Dan Bow . an, Division Chief Collier County EMS I Fire Department J n German, Assistant Chief orth Naples Fire Control & Rescue District ~~~/ Jeff Page, . f \} Collier County EMS I Fire Department ~. ()/$ .tame M. Webb, Chief Nbqh ~aples Fire Control & Res~ District V.0405 . Collier County Emergency Medical Services / Fire Departme1. 6 F '% North Naples Fire Control & Rescue Distri~ 7 ALS Engine Partnership Program Medic 03 & ALS Engine 44 Operational Plan 1. OBJECTIVE 1.1. To provide both short and long term operational direction and guidance for the Collier County EMS I Fire Department (CCEMS) and North Naples Fire Control & Rescue District (NNFD) personnel. 2. PARTICIPANT REQUIREMENTS 2.1. The following requirements will be met by all personnel participating within the ALS Engine Partnership Program (Program) for the purposes of staffing either NNFD ALS Engine 44 or Medic 03. 2.1.1. CCEMS personnel assigned to NNFD Engine 44 as Program participants shall have the following valid and current requirements at the minimum: a. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II) b. Florida Bureau of Emergency Medical Services and Community Health Resources Paramedic Certification c. Emergency Vehicle Operator Certification in accordance with Chapter 64E-2.012 d. CCEMS Medical Director Paramedic Certification e. NNFD Orientation Certification 2.1.2. NNFD personnel assigned to CCEMS Medic 03 as Program participants shall have the following valid and current requirements at the minimum: a. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II) b. Florida Bureau of Emergency Medical Services and Community Health Resources Paramedic or Emergency Medical Technician Certification c. Emergency Vehicle Operator Certification in accordance with Chapter 64E-2.012 d. CCEMS Orientation Certification 3. SCHEDULING AND POSITION ASSIGNMENTS V.0305 . Collier County Emergency Medical Services / Fire Departmlt 6 F 3 North Naples Fire Control & Rescue Distrrct ALS Engine Partnership Program Medic 03 & ALS Engine 44 Operational Plan 3.1. The CCEMS and NNFD Chiefs, or their designee, must approve all Program participants. 3.2. The CCEMS and NNFD Battalion Chiefs will consult on a routine basis in order to assure continuity and efficiency. 3.3. The CCEMS and NNFD Battalion Chiefs will schedule their respective personnel as follows: 3.3.1. CCEMS will continuously provide NNFD with one [1] qualified CCEMS participant per Section 2.1.1. Each participant shall fulfill the responsibilities of a Lieutenant Paramedic/Firefighter or Paramedic/Firefighter as outlined in his or her position's Classification Specification (Attachment A). Additional duties, roles and/or responsibilities may be assigned by the NNFD Company Officer in accordance with NNFD Firefighter/Paramedic Job Description (Attachment B). 3.3.2. NNFD will continuously provide CCEMS with one [1] qualified NNFD participant per Section 2.1.2. Each participant shall fulfill the responsibilities of a Firefighter/Paramedic or Firefighter/EMT as outlined in his or her job description (Attachment B). Additional duties, roles and/or responsibilities may be assigned by the CCEMS Company Officer in accordance with the corresponding Paramedic/Firefighter or EMT/Firefighter (Attachment A) Classification Specification. 3.4. The CCEMS and NNFD Battalion Chiefs will assure qualified participants are scheduled and assigned to their respective positions continuously 24 hours a day, 365 days a year. Both agencies' Chiefs must approve any necessary breaks in coverage. 3.5. The CCEMS and NNFD Battalion Chiefs will assign their respective personnel as follows: 3.5.1. CCEMS participants will be housed at Station 44 - 8970 Hammock Oak Drive while assigned to ALS Engine 44. They will report to duty in accordance to the start time of NNFD personnel; 08:00hrs. 3.5.2. NNFD participants will be housed at Station 03 - 766 Vanderbilt Beach Road while assigned to Medic 03. They will report to duty at 08:00hrs. V.0305 . - Collier County Emergency Medical Services / Fire Depart1n6 F-Z North Naples Fire Control & Rescue Di'~fric . ~ ALS Engine Partnership Program Medic 03 & ALS Engine 44 Operational Plan 4. COMMUNICATION AND REPORTING PROCEDURES 4.1. CCEMS and NNFD Company Officers will assure their assigned units operate on the appropriate designated radio frequency and unit identifier in accordance with CAD. Designated radio frequency and unit identifiers are as follows: 4.1.1. NNFD ALS Engine 44 (ALSe44) a. NNFD Company Officer will receive alert and dispatch information on Control-2 and will respond the unit accordingly. b. CCEMS Paramedic/Firefighters will monitor Control-1 radio traffic from 07:00 - 21 :30hrs to assure ALSe44 is dispatched appropriately as the closest ALS apparatus when Medic 03 is unavailable. c. While out of district/zone, the CCEMS Paramedic/Firefighter will monitor Control-1 radio traffic to assure ALSe44 is dispatched appropriately as the closest ALS apparatus. d. In the event the Paramedic/Firefighter identifies a medical emergency in which ALSe44 is the closest ALS apparatus, the NNFD Company Officer will be made aware of the incident and will take responsibility in assessing the availability of ALSe44 to respond in aid. e. For all responses to emergencies, the NNFD Company Officer will communicate ALSe44's status on Control-2 for the purposes of Dispatch notification, apparatus service level/availability and incident number issuance. f. The NNFD Company Officer will complete a NNFD NFIRS report on all ALSe44 responses. g. For all responses to emergencies, the CCEMS Paramedic/Firefighter will communicate ALSe44's status on Control-1 for the purposes of Dispatch notification, apparatus service level/availability and AR number issuance. h. The CCEMS Paramedic/Firefighter will complete a CCEMS Trip Ticket on all ALSe44 responses. V.0305 . Collier County Emergency Medical Services / Fire Departtn6 F 3 North Naples Fire Control & Rescue District ALS Engine Partnership Program Medic 03 & ALS Engine 44 Operational Plan 4.1.2. CCEMS Medic 03 (Medic 03) a. CCEMS Company Officer will receive alert and dispatch information on Control-1 and will respond the unit accordingly. b. CCEMS Company Officer will monitor Control-1 radio traffic from 07:00 - 21 :30hrs to assure Medic 03 is dispatched appropriately as the closest ALS apparatus. c. While out of district/zone, the CCEMS Company Officer will monitor Control-1 radio traffic to assure Medic 03 is dispatched appropriately as the closest ALS apparatus. d. For all responses to emergencies, the CCEMS Company Officer will communicate Medic 03's status on Control-1 for the purposes of Dispatch notification, apparatus service level/availability and AR number issuance. e. The CCEMS Company Officer will assure a CCEMS Trip Ticket is completed by the attending crewmember on all Medic 03 responses. 5. CHAIN OF COMMAND 5.1. CCEMS and NNFD will operate as a team while they recognize and respect equivalent rank as it applies to station duties, chores, ancillary tasks and unit assignments. 5.2. CCEMS and NNFD will utilize the Unified Command structure for delegation of authority and assignment of tasks on all emergency incidents. NNFD will assume command on fire suppression and rescue incidents. CCEMS wil assume command on medical incidents. 5.3. The CCEMS Company Officer of Medic 03 will appropriately assign the role of attending patients while transporting to a receiving facility. 5.4. Any failures to follow proper orders within the chain of command are to be immediately reported to the respective Battalion Chief. 5.5. CCEMS and NNFD will provide appropriate response of additional chief officers to incidents as necessary to maintain adequate scene control and safety. V.0305 . Collier County Emergency Medical Services / Fire Dep'ltnLt F 3 North Naples Fire Control & Rescue b-i~Q ALS Engine Partnership Program Medic 03 & ALS Engine 44 Operational Plan 5.6. The CCEMS Battalion Chiefs may request for ALSe44 to provide emergency response when no other appropriate apparatus is available. It will remain within the authority of the NNFD Battalion Chief to evaluate the availabilty of ALSe44 for each request. 6. STATION AND DUTY ASSIGNMENTS 6.1. It is recognized by both CCEMS and NNFD that harmonious and productive relationships between all levels of participants are necessary for the Program to work at its potential. Teamwork and cooperation is encouraged. A participant who chooses to work against this mutual covenant is subject for dismissal from the Program by their Chief. 6.2. Participants will adopt and follow the uniform and personal appearance poliCies of the department for which they are assigned. 6.3. When initially reporting for duty on ALSe44, NNFD will fit test CCEMS Paramedic/Firefighters for SCBA masks and provide the size to CCEMS' Supply Department. NNFD will issue a SCBA mask for the participant until a permanent mask is assigned by the CCEMS' Supply Department. At which time, the mask will be returned to NNFD. SCBA will be provided by NNFD for participants assigned to ALSe44. 6.4. CCEMS will fit test and permanently issue infection control masks to NNFD participants. 6.5. All participants are to report to duty with all necessary and issued personal protection equipment (PPE), 6.6. All participants will participate in appropriate on-duty training, station duties and unit assignments. 6.7. All participants are to handle conflicts at the line-officer level. If a resolution is unattainable, each participant will move up his or her respective chain of command. V.0305 . Collier County Emergency Medical Services / Fire Depa1e"- F ~ North Naples Fire Control & Rescue ~ri~ ALS Engine Partnership Program Medic 03 & ALS Engine 44 Operational Plan 7. ADMINISTRATIVE PROCEDURES 7.1. CCEMS and NNFD Chiefs will share reports, records and data periodically and upon request. 7.2. Both agencies will work jointly in pursuit of programs that benefit personnel, operating procedures and community impact. 7.3.A complete copy of this document will be posted in plain view at each Station associated with the Program. 7.4. Both agencies will assign a representative to act as a liaison officer. These individuals or an assigned representative will meet monthly to discuss developments, ideas, or concerns in an open forum with other participating department's liaisons. 7.5. Semi-annually or as needed, meetings may be scheduled with the CCEMS Medical Director, CCEMS Chief and NNFD Chief for the purpose of information sharing, Program evaluation or feedback. 7.6. The conditions of this Operational Plan are in accordance with the current CCEMS Medical Protocol and the intentions of the Interlocal Agreement between North Naples Fire Control and Rescue District and Collier County. 7.7. This Operational Plan may be modified by mutual consent between CCEMS and NNFD. 8. TRAINING 8.1. CCEMS and NNFD will respect all current National, State or Regional certifications or licenses of all participants. 8.2. Both agencies will provide each other's participants similar training, resources and/or certification programs as establish as departmental, regional, state or federal standards required for their positions within the Program. 8.3. Both agencies will keep records of all participants' on-duty training. Such records will be forwarded between the agencies on a quartery basis. V.0305 MEMORANDUM Date: May 11,2005 To: Linda L. Jackson, Contract Agent Purchasing Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Service and License Agreement between Healthstream, Inc. and Collier County EMS Enclosed please find three (3) original documents, as referenced above,(Agenda Item #16F4) approved by the Board of County Commissioners on Tuesday, April 26, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures (3) 16F4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #] through #4 as appropriate for additional signatures, dates, andJor infonnation needed If the document is already complete with the exce tion of the Chainnan's si ature, draw a line throu h routin lines #] throu h #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date List in routin order) 1. (), ~~~dU~ ~ 3. ~ !:i'l / //,,_Q '1/0 ~ 5 - If -0 4. 5. Sue Filson, Executive Manager Board of County Commissioners ?z (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who createdJprepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 6. Minutes and Records Clerk of Court's Office Yes (Initial) N/A (Not A licable) PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 12Z- /VA-- jJ4 ~ 1: Fonns/ County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9,03.04, Revised] .26.05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on -Zt.-o' (enter date) and all changes made during the meeting have been incorporated in the attached document, The Coun Attorne's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 16F4 Services and License Agreement THIS SERVICES AND LICENSE AGREEMENT (the "Agreement") made this ~(p- day of ~ 2005, between HEAL THSTREAM, INC., a Tennessee corporation having its principal offices at 209 0 Ave. South, Suite 450, Nashville, Tennessee, 37203 ("HealthStream") and Collier County EMS, 3301 East Tamiami Naples, FL 34112 ("Client"). HealthStream, by its acceptance agrees to provide to Client HealthStream's Healthcare Learning Centerâ„¢, based on the Terms and Conditions attached hereto. Aareement Amount: Student. AdmLf1Istrator and Support Fees Number of Students 540 Fee $ 52.00 per Student/year 'Authoring Center included at no extra charge (value of $4.50 per Student per year) Administration Traininq Fee - $ 0 Term of Aqreement - .--1-- Year(s) from the Launch Date plus (1) additional year upon appropriate budqetinq and ?pproval by the Collier County Board of County Commissioners. Launch Date - To be determined Balance Due Upon Execution - $ 28.080 P.O. Acceptable Balance Total Amount of Agreement - $ 28.080.00 Client by its signature acknowledges that it has read this Agreement and all exhibits and attachments, understands its terms and contents and that it constitutes the entire agreement, understanding and representation, express or implied, between Client and HealthStream with respect to the HealthStream Courseware and Services (as defined herein) to be furnished herein and that this Agreement supersedes all prior communications between the parties including all oral or written proposals. This Agreement may be modified or amended only by a written instrument signed by duly authorized representatives of Client and HealthStream. IN WITNESS WHEREOF, and intending to be legally bound hereby, each party hereto warrants and represents that this Agreement has been duly authorized by all necessary corporate action and that this Agreement has been duly executed by and constitutes a valid and binding Agreement of that party. All signed copies of this Agreement shall be deemed originals. Board of County Commissioners Collier Co~lorid~ W B~ ~. Fred W. Coyle, Chairman ~''a{'QO;;:- By: ~ Bob Wiemer, Vice President Approved as to form & legal sufficiency: By 'Z~o~;;~~ Assistant C:ounty.Attprne,r. '-',j\, AlTEST' ".','\'" i,//. ". '(: DWIGHT fBR6CkctERK~; "'. -'.:~\ ;.:::. '.. t:., , ". _~,.;.,.i Item # lliEL ~ -20-tJ5 Agenda Date IX 16F4 TERMS AND CONDITIONS 1. Definitions. As used in this Agreement, the following terms shall have the meanings assigned below: 1.1. "Confidential Information" shall mean the Personal Information as defined herein, financial and tax information, the object and source codes and documentation for proprietary software, and such other information that is confidential or proprietary business information and delivered or disclosed pursuant to this Agreement. 1.2. "Emeraency Medical Services ("EMS") Courses" shall mean the courses in HealthStream's proprietary library of online continuing education for EMS professionals, listed on Exhibit B attached hereto, that are a subset of the HealthStream Courseware and as well as any future module developed and selected by HealthStream to be included during the term of this Agreement. The EMS Courses have been approved for EMS continuing education by the Continuing Education Coordinating Board for Emergency Medical Services (CECBEMS). 1.3. "Gateways" shall mean the online Web sites enabled by HealthStream Web-based applications that allow Students to access the Services offered pursuant to the terms of this Agreement. Gateways are designed to be Client specific in branding and identification pursuant to Section 2 herein. 1.4. "HealthStream Courseware" shall mean those courses subscribed to by Client that are the proprietary property of HealthStream or licensed to HealthStream by a third party and provided to Students through the Gateways pursuant to the terms of this Agreement or any amendments hereto. 1.5. "Launch Date" shall mean the date on which the Gateway is operational. Client's system administrator has logon capabilities to access the Healthcare Learning Centerâ„¢ and Client's database of Students have been loaded into the Healthcare Learning Center's database. In no event, however shall the Launch Date be later than the date set forth on the first page of this Agreement. 1,6. "Personal Information" shall mean information submitted by Students for personal identification. Such Personal Information may include the name, social security number and contact information for Students. 1.7. "Services" shall mean the Healthcare Learning Centerâ„¢ which includes Student Services, Administrator Services, Support Services, Training and Implementation Services, Gateway Initialization Services, and all updates and upgrades to those Services developed by HealthStream in its sole discretion in the normal course of its business, together with all and other services as provided by HealthStream to Client pursuant to the terms of this Agreement. 1.8. "Students" shall mean authorized users of the Services that may require user registration and authentication in compliance with terms of the Services. 1.9. "User Data" shall mean the Personal Information and other data submitted and generated by Students under this Agreement. User Data shall also include the educational transcript of Students relating to the Services. 2. Services. For the fees specified in Article 3 herein, HealthStream shall perform the Services for Client and its Students based upon the terms of this Agreement. 2.1. Student Services. HealthStream hereby agrees to maintain. at its cost. Gateways on the World Wide Web so that Students may through the use of a password on the Gateway (1) Services and License Agreement register on the Gateway; (2) search, select, enroll in and take HealthStream Courseware; (3) take HealthStream Courseware exams and have exams graded and scored; and (4) access own User Data. 2.2. Administrator Services. HealthStream will provide access to management services that allow specified Client personnel to identify Students and assign HealthStream Courseware and Client Courseware to Students. HealthStream will provide access to services that allow specified Client personnel to access reports that document the completion of HealthStream Courseware and Client Courseware by Students. 2,3. Support Services. HealthStream shall provide to Client access to HealthStream's support personnel via e.mail and telephone to obtain answers to questions regarding the routine provision of Student Services and Administrator Services. Support Services shall be available to the Client through one (1) local system administrator for each location utilizing the Services from 8:00 AM to 6:00 PM Central Time, Monday through Friday, except for normal holidays. 2.4. Gatewav Initialization Services, HealthStream shall set up each Gateway for operation for Client according to the specifications described in Exhibit A attached hereto (the "Gateway Initialization Services"). 2.5. Implementation and Trainina Services. HealthStream will conduct initial administrator training and perform implementation as set forth on Exhibit C attached hereto. 3. Service Placement and Fees. 3.1, Service and License Fees. The fee for Student, Administrator and Support Services shall be the fee shown on the first page of this Agreement. This fee is subject to change if the number of Students exceeds the number on the first page of this Agreement or HealthStream Courseware is subscribed to in addition to the EMS Courses, The fee shall be due upon execution of this Agreement. Client shall pay HealthStream the fees set forth on Exhibit C attached hereto for Administration Training. 3.2. Payment. The fees for Student, Administrator and Support Services are due and payable within thirty (30) days after execution of this Agreement in accordance with the "Florida Prompt Payment Act." Fees remaining unpaid after thirty (30) days from execution of this Agreement will be subject to a late fee of 1.5% per month. 4. Intellectual Property. 4,1. Prohibited Use of HealthStream Courseware. The portion of the HealthStream Courseware subscribed to by Client may be accessed by Client and any Student, but only for the purposes described herein. The HealthStream Courseware is protected in the U.S. and internationally by a variety of laws. including without limitation, copyright laws, trademark laws and other proprietary rights laws. Client and Students are granted permission to access HealthStream Courseware from HealthStream, but only for purposes of viewing, browsing or ordering products and services from HealthStream. HealthStream is not granting Client or any Student permission to use the HealthStream Courseware other than as expressly stated in this Agreement. Except as stated herein and in Section 5 hereof, none of the HealthStream Courseware may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted, in any form or by any means, including without limitation, electronic, mechanical, photocopying, or 2 recording, without the prior written permission of HealthStream. HealthStream or its licensors retain all right, title and interest to the HealthStream Courseware. 4.2. Trademarks. The trademarks, service marks, and logos (collectively, the "Trademarks") used and displayed on the HealthStream Courseware are registered and unregistered trademarks of HealthStream, its licensors, Client, and others. Nothing in this Agreement, the Gateway or on any HealthStream Web site should be construed as granting, by implication. estoppel, or otherwise, any license or right to use any Trademark displayed on the Gateway or on any HealthStream Web site, without the express written permission of the Trademark owner. Client and HealthStream will refrain from issuing each other's name or logo as a link to any network site unless establishment of such a link is approved in advance and in writing by the owner of the name or logo. 5. Client and Student Conduct. Client and Students may access the portion of the HealthStream Courseware located on the Gateways for non-commercial use, provided that Client retains all copyright, trademark and other proprietary notices contained in such HealthStream Courseware in all printed and other copies. Client and Students may not de- compile, reverse engineer, modify, copy, distribute, transmit. display, perform, reproduce. publish, license. create derivative works from, transfer, or sell any information, software, products. or services obtained from the Gateways or the Authoring Studio. In no event may Client or any Student. directly or indirectly, sell or offer for sale any portion of the HealthStream Courseware located on the Gateways or upload, distribute, or otherwise publish any portion of the HealthStream Courseware in any other form or medium. Neither Client nor any Student shall knowingly upload to. or distribute or otherwise publish through the Gateways any content that violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets. and other proprietary rights, 6. Warranties and Representations. Client warrants and represents that Client shall not allow any other entity or third party to purchase, license or sublicense the Services; Client shall be responsible for any and all taxes, if any, other than HealthStream income tax, applicable to or in connection with the services rendered by HealthStream pursuant to the terms of this Agreement; and the content submitted to HealthStream for the Gateway Initialization Services shall not knowingly infringe any patents, copyrights, trade secrets, or other proprietary rights of any third parties, and Client will have no reason to believe that any such infringement or claims thereof could be made by third parties. 7. Disclaimer of Warranties and Limitation of Liability. THE WARRANTIES CONTAINED HEREIN REPRESENT THE ENTIRE WARRANTY OF HEAL THSTREAM WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. THE GATEWAYS AND THE SERVICES AND ALL OTHER OBLIGATIONS PROVIDED BY HEAL THSTREAM PURSUANT TO THE TERMS OF THIS AGREEMENT ARE PROVIDED "AS.IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY, OR THEIR PARENT Services and License Agreement 16F4 COMPANIES AND AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTENT PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES RESULTING FROM USE OF THE GATEWAYS, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AMOUNT OF DAMAGES PAYABLE TO CLIENT FROM ANY AND ALL PARTIES FOR ANY CLAIM ARISING FROM THE SERVICES OR THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ITS WARRANTY PROVISIONS) EXCEED THE AMOUNTS PAID BY CLIENT TO HEAL THSTREAM UNDER THIS AGREEMENT. The amount of damages for which the Client may be liable shall be limited as provided by sovereign immunity under Florida law, 8. Indemnity Both parties shall defend, indemnify and hold the other party, its officers, directors, employees, consultants and agents harmless from any loss, liability, damage, cost, or expense (including reasonable counsel fees and litigation costs), arising out of any claims or suits that may be made or brought by reason of the breach or alleged breach of the warranties or representations contained herein, or by reason of any infringement or alleged infringement of any patent. trademark, copyright or trade secret right resulting from the Services or Gateways. 9. Term and Termination. 9.1 Term. This Agreement shall be in effect for the duration shown on the first page of this Agreement. 9.2 Termination or Cancellation. This Agreement may be terminated or canceled upon the occurrence of one or more of the following events: by either party if the other party seeks protection under the bankruptcy laws (other than as a creditor) or any assignment is made for the benefit of creditors or a trustee is appointed for all or any portion of such party's assets; by either party in the event that the other party hereto has materially breached this Agreement; provided, however, that no such termination shall be effective unless (i) the terminating party provides the written notice ("Termination Notice") via overnight courier to the other party setting forth the facts and circumstances constituting the breach. and (ii) the party alleged to be in default does not cure such default within ten (10) business days following receipt of the Termination Notice. In the event that the nature of the default specified in the Termination Notice cannot be reasonably cured within ten (10) business days following receipt of the Termination Notice, a party shall not be deemed to be in default if such party shall, within such ten (10) day period, present a schedule to cure the default, commences curing such default and thereafter diligently executes the same to completion within ninety (90) days. If the breach specified in the Termination Notice is timely cured or cure is commenced and diligently pursued, as provided above, the Termination Notice shall be deemed rescinded and this Agreement shall continue in full force and effect. Notwithstanding the foregoing, all Termination Notices for non-payment must be cured within thirty (30) days of receipt. In the event the default specified in the Termination Notice cannot be reasonably cured at all, a party shall be deemed to be in default. 9,3 Post Termination Obliqations. In the event of termination of this Agreement by HealthStream due to a default by Client, all fees previously due or owing by Client and Students as of the date of termination will be immediately due and payable in full. In the event of termination of this Agreement by Client due to a default by HealthStream, HealthStream shall reimburse Client for any amounts paid by Client or Students for Services not provided prior to 3 termination. This is in addition to any other remedies available to the parties at law, HealthStream shall provide all User Data to Client electronically in a text file format within thirty (30) days of termination of this Agreement for any reason. 10. Non-disclosure 10.1 Except as otherwise provided in this Agreement, both parties expressly undertake to retain in confidence all Confidential Information, and will make no use of such information except under the terms and during the existence of this Agreement. HealthStream may disclose Confidential Information as required by governmental or judicial order, provided HealthStream gives Client prompt notice of such order and complies with any confidentiality or protective order (or equivalent) imposed on such disclosure. 10.2 In the regular course of performing the Services, HealthStream may distribute certain User Data to licensing organizations for the benefit of Students. The release of such information is consistent with the current practice used by Students themselves when reporting educational activity for credit toward professional licensure. HealthStream will release only the minimum information required by these organizations to adequately credit Students for educational activities completed. 10.3 Client grants HealthStream an unrestricted, royalty-free, irrevocable license to maintain and distribute aggregated compilations of User Data ("Aggregated Data") such that Personal Information and the identity of Client is not included. Aggregated Data will be used for measurement of performance norms for all HealthStream clients and will likewise include performance information generated by other HealthStream clients. The process of collecting and generating Aggregated Data assists HealthStream clients to maximize the effectiveness of the Services for their employees. HealthStream will adhere to all Department of Health and Human Services or United States governmental regulations regarding privacy of User Data, The right to maintain and distribute Aggregated Data shall survive this Agreement. HealthStream will provide Client with Aggregated Data upon request. 11. Miscellaneous 11.1. Attornevs' Fees, In the event of breach by either party of any provision contained in this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in enforcement of the provisions of this Agreement against the defaulting or breaching party. 11.1 Headinas. Captions and headings to sections are included solely for convenience and are not intended to affect the interpretation of any provision of this Agreement. 11.2, Amendments in Writina. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is set forth in a writing that refers to this Agreement and is executed by an authorized representative of each party hereto. No failure or delay by any party in exercising any right. power, or remedy will operate as a waiver of any such right, power, or remedy, Services and License Agreement 16F4 11.3. Third Partv Riahts, Except for Students, this Agreement is not intended and shall not be construed to create any rights for any third party. 11.4. Force Maieure, Neither party shall be liable nor deemed to be in default of its obligations hereunder for any delay or failure in performance under this Agreement or other interruption of service resulting. directly or indirectly, from acts of God, civil or military authority, any acts of war or civil unrest including, but not limited to, terrorist attacks, accidents, natural disasters or catastrophes, or strikes. 11.5. Independent Contractors. Each party to this Agreement is an independent contractor and this Agreement shall not be construed as creating a joint venture, partnership, agency or employment relationship between the parties hereto nor shall either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. 11.6. Entire Aareement: Severabilitv. This Agreement, together with the schedules and other attachments referenced herein, contains a full and complete expression of the rights and obligations of the parties hereto. If any provision of this Agreement conflicts with any schedule or attachment to this Agreement, this Agreement shall control with respect to the subject matter of such attachment. This Agreement supersedes any and all other previous Agreements, written or oral, made by the parties concerning the subject matter hereof. If any provision of this Agreement is finally held by a court or arbitration panel of competent jurisdiction to be unlawful, the remaining provisions of this Agreement shall remain in full force and effect to the extent that the parties' intent can be lawfully enforced. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any Client purchase order will be subject to the terms of this Agreement and that any acceptance of a purchase order by HealthStream will be for acknowledgment purposes only and none of the terms set forth in the purchase order will be binding upon HealthStream. 11.7. Publicitv. HealthStream may identify Client as its customer and use Client's name in suitable advertising, press releases, and sales presentations as long as contract in force, Otherwise, HealthStream and Client will not use the name, service marks, trademarks, or trade secrets of the other party or any of its affiliates for any purpose without the other party's written consent. 11.8, Assianment. Subsidiaries. and Successors. It is understood and agreed that the parties are entering into this Agreement not only for their own benefit but also and equally for the direct benefit of their subsidiaries and affiliates. present and future, and that each and every right. benefit, remedy. and warranty accruing to the parties hereunder likewise accrue to the subsidiaries and affiliates of the parties, including but not limited to the right to enforce this Agreement in their respective names, This Agreement shall inure to the benefit of and be binding on any respective successors and permitted assigns of the parties. 11.9. Survival. In the event of termination of this Agreement, Articles 4.5.6,7,8, 10 and 11 shall continue in effect in accordance with their terms. 4 16F4 Exhibit A Gateway Initialization Services HealthStream's Gateway Initialization Services will consist of the following processes required to make each Gateway operational. The processes below are not chronologically organized; selected processes below may be managed concurrently. Additional processes may be required to ensure each Gateway is made operational rapidly and efficiently. 1. User Import - HealthStream will import Client Personal Information into the e-Learning Service database so that each Student is recognized by the Gateway. Requirements from Client to complete User Import: Provide Personal Information for each Student (per separate specification). Approve integrity of Personal Information imported into the database. 2. Administrative Orientation - HealthStream will provide an overview of Healthcare Learning Centerâ„¢ operation and administrative procedures to select Client personnel. Requirements from Client to complete Administrative Orientation: Ensure key Client personnel attend HealthStream's training and implementation sessions as described in Section 2.5 herein. EXHIBIT B EMERGENCY MEDICAL SERVICES CONTENT CE Course Titles/Tooic Hours EMS - 12-Lead ECG and Fibrinolvtic Screening for AMI 1.50 EMS - Abdominal and Genital Trauma 1.00 EMS - Advanced Airwav Manaoement 1.00 EMS - Advanced Assessment and Manaoement of the Shock Patient 1.00 EMS - Advanced Cardiac Assessment 1.00 EMS - Advanced Cardiac Pharmacoloov 1,25 EMS - Advanced Management of Environmental Emergencies 1.50 EMS - Assessment and Care Durino the First Four Weeks of Life 1.50 EMS - Assessment and Manaoement of the Geriatric Patient 1.50 EMS - Assessment and Manaoement of the Pediatric Patient 1,50 EMS - Basic Airwav Manaoement 1,00 EMS - Basic Assessment & Manaqement of the Patient with Pulmonarv Issues 1.00 EMS - Basic Cardiac Assessment 1.00 EMS - Basic Patient Assessment 1,00 EMS - Brain Attack: New and Emeroina Theraoies 1.50 EMS - Burn Trauma: From the Field to the Hosoital 1.50 EMS - Children with Special Health Care Needs 1.25 EMS - Infections of the Respiratorv Svstem 2.00 EMS - Liohtnino Strikes 1.00 EMS - Manaoino Multiple Patients in a Mass Casualtv Event 1.00 EMS - Manaoinq Stress in a Stressful Occupation 1,00 EMS - Manaoinq Thoracic Trauma 1,00 EMS - Medical Causes of Altered Mental Status 1.00 EMS - Medical Conditions Involvino the Endocrine System 1.00 EMS - Medication Toxicitv 1.25 EMS - Pharmacology for the EMT-Basic 1.00 EMS - Pharmacoloov Update for the Paramedic 1.00 EMS - Prehospital Management of Non-Traumatic Shock 2.00 EMS - Safe Manaoement of the Behavioral Emeroencies Patient 1.00 EMS - The EMS Response to Toxic Exoosures 1,00 EMS - The Traumatic Effects of Mechanism of Iniurv 1.25 EMS - Therapeutic Communications 1.00 EMS - Traumatic Brain Iniurv 1.00 EMS Response to Domestic Violence 1.00 EMS Response to Terrorism (HazMat\ 5.50 Medical Legal Aspects of EMS 1.00 Airway Management for Children with Soecial Healthcare Needs 1.00 Prehospitallmplications for HIV/AIDS Manaoement 2,50 Airwav Manaoement for Children with Tracheostomies 1.00 IV Therapv 1.00 Current Trends in Management of Spinal Cord Iniurv 1,00 Prehospital Care of Pregnancv and Common Comolications 1.00 Prehospital Aspects of Gynocoloaical Conditions 1.00 Airway Management for Adults with Special Healthcare Needs 1.00 Airway Compromise in Trauma Patients: Pediatric and Adult Considerations 1.00 16F4 16F~~ Exhibit C Implementation Services and Administration Training Clients will be provided assistance with an account manager during the implementation process. Implementation consists of four (4) basic steps: 1. General coordination and overview of Client organization and education requirements; 2. Technical consultation regarding reporting structure and Student database preparation for im port; 3. Basic planning for Client roll-out and organizational usage of the Healthcare Learning Center; and 4. Review and acceptance of the Gateway and User Data structure. Client may send two (2) people to HealthStream's offices in Nashville for Healthcare Learning Centerâ„¢ Basic Administration Training. This training covers the basics of using the Healthcare Learning Centerâ„¢ from the administrator and Student perspective. It does not include training on the Authoring Studio or additional products purchased through the Healthcare Learning Center. Client must pay for their own travel, hotel, and incidental expenses. Client may send additional personnel for $750.00 per person. Additional or refresher training is priced as follows: Nashville $750.00 per person. Client pays own travel, hotel, and incidental expenses. Client Site $2,500.00 per day with a maximum of 8 people. Client pays HealthStream's reasonable travel, hotel, and incidental expenses. ACORQ. INSURANCE BINDER -~ PAGE 1 OF 3 14-0CT.2004 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT. SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER _(615) 872-3700 COMPANY BINDER # Federal Insurance Company 000563:)2.01 WILliS OF TENNESSEE, NASHVILLE OFFICE P. 0_ BOX 305025 26 CENTURY BLVD. NASHVIllE TN 37230-5025 AM PM 14-DEC,2004 X 12:01 AM NOON DATE EFFECTIVE DATE EXPIRATION TIME CODE: CUSTOMER 10: 235312 INSURED HealthStream, InC. Suite 450 209 10th Avenue South Nashville TN 37203 ! SUB CODE: X THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #: 35392051 DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location) Commercial Package Assigned Policy #: 35392051 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS Blanket Personal Property and EDP - Lac 1 & Lac 2 $1,000 90 6,441,682 ~ BASIC D BROAD [R] SPEC Blanket Business Income with Extra Expense - Lac 1 & 2 N/A 1,000,000 ~ Improvements and Betterments - Location 1 1.222,779 Improvements and Betterments - Location 2 $36,860 ~ERAL LIABILITY EACH OCCURRENCE $ 2 ,000 DOC X COMMERCIAL GENERAL LIABILITY ~~~~~ ~~EMISES $ 2 . 000 . OOc l CLAIMS MADE [RJ OCCUR MED EXP (Anv one oerson) $ lO,OO( OWNERS/CONTRACTORS PROT PERSONAL & ADV INJURY $ 2 000 Oaf - , - GENERAL AGGREGATE $ 2 , 000 . DOC RETRO DATE FOR CLAIMS MADE: PRODUCTS - COMP/OP AGG $ 2,OOO,00C AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - - ANY AUTO BODILY INJURY (Per oerson) ,$ - ALL OWNED AUTOS BODILY INJURY (Per accident) $ - SCHEDULED AUTOS PROPERTY DAMAGE $ '--- HIRED AUTOS MEDICAL PAYMENTS $ '-:- NON-OWNED AUTOS PERSONAL INJURY PROT ,$ - UNINSURED MOTORIST $ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ~ ALL VEHICLES U SCHEDULED VEHICLES ACTUAL CASH VALUE R COLLISION: I I STATED AMOUNT $ OTHER THAN COL: ! I OTHER GARAGE LIABILITY I I AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN AUTO ONLY: ~ I EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ q UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ I WC STATUTORY LIMITS WORKER'S COMPENSATION E.L EACH ACCIDENT $ AND I EMPLOYER'S LIABILITY I E.L DISEASE - EA EMPLOYEE $ I E.L DISEASE. POLICY LIMIT $ SPECIAL FEES $ CONDITIONS! See Attached. OTHER TAXES $ COVERAGES ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS MORTGAGEE LOSS PAYEE LOAN # . ADDITIONAL INSURED AUH IZDRP N ATIV ~ cD.;(2?~ ACORD 75 (2001/01) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE @ ACORD CORPORATION 1993 PAGE 2 OF 3 Attached to and forming part of Binder No. 00056352.01 HealthStrearn, Inc. CONDITIONS This Company binds the kind{s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note", Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a . provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days, For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2001/01) Wi I" 5 DATE (MMlDDiYY) 14-0CT-2004 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE SECOND PAGE OF THIS FORM. PRODUCER (NC, No, Ext): (615) 872-3700 FC~MP~~ c BINDER# '=' WILDS OF TENNESSEE, INe. e er surance ompany 00056352-01 - NASHVILLE OFFICE P. O. BOX 305025 26 CENTURY BLVD. NASHVILLE TN 37230-5025 AM 14-DEC-2004 DATE EXPIRATION TIME X 12:01 AM PM NOON CODE: CUSTOMER 10: 235312 INSURED HealthStrearn, InC. Suite 450 . 209 10th Avenue South Nashville TN 37203 I SUB CODE: X THIS BINDER IS ISSUED TO E~5~5'rGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY 1/: when not at location 1 or 2 . or while in transit Deductible: $1.000 All coverages except Business Income and Extra Expense $3.500 Laptop computers when not at location 1 or 2 or while in transit 24 Hours -Business Income and Extra Expense AUTHORIZED REPRESENTATIVE 'ACORQ. INSURANCE BINDER ~ PAGE 1 OF 2 14-0CT-2004 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. i PHONE (615) 872 3700 COMPANY BINDER 1/ PRODUCER ! (AlC, No, Ext): . - Federal Insurance Company 00056349-01 i f..t~, No): C/O Chubb Group WILDS OF TENNESSEE, DATE EFFECTIVE NASHVILLE OFFICE P. O. BOX 305025 26 CENTURY BLVD. NASHVILLE TN 37230-5025 DATE EXPIRATION TIME 14-NOV-2004 X 12:01 AM NOON CODE: CUSTOMER 10: 235312 INSURED HealthStream, InC. Suite 450 209 10th Avenue South Nashville TN 37203 I COVERAGES SUB CODE: X THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY 1/: 79763334 DESCRIPTION OF OPERATIONSNEHICLES/PRDPERTY (Including Location) Umbrella Assigned Policy #79763334 TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS I-- c==J BROAO c=== SPEC I-- BASIC I-- GENERAL LIABILITY EACH OCCURRENCE $ - DAMAGE TO COMMERCIAL GENERAL LIABILITY RENTED PREMISES $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) 1$ OWNERS/CONTRACTORS PROT PERSONAL & ADV INJURY $ I-- GENERAL AGGREGATE $ I-- RETRO DATE FOR CLAIMS MADE: , PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i$ I-- I-- ANY AUTO BODIICY INJURY (Per ""rson) $ - ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEOULED AUTOS PROPERTY DAMAGE $ - HIREO AUTOS i MEDICAL PAYMENTS $ - NON-OWNED AUTOS PERSONAL INJURY PROT $ I-- UNINSURED MOTORIST $ 1--, I I i $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ~ ALL VEHICLES U SCHEDULED VEHICLES I ACTUAL CASH VALUE R COLLISION: STATED AMOUNT $ , OTHER THAN eOL: OTHER - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ - - ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ I-- AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 1 ,000, DOC ~ UMBRELLA FORM AGGREGATE $ 1 ,000, DOC OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION 1$ WC STATUTORY LIMITS I WORKER'S COMPENSATION E.L EACH ACCIDENT 1$ AND E,L DISEASE - EA EMPLOYEE '$ EMPLOYER'S LIABILITY E,L DISEASE - POLICY LIMIT 1$ SPECIAL FEES 1$ CONDITIONSI Is OTHER TAXES COVERAGES ESTIMATED TOTAL PREMIUM $ LIMITS NAME & ADDRESS , MORTGAGEE LOSS PAYEE LOAN 1/ ADDITIONAL INSURED ~dJ~~ ACORD 75 (2001/01) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE @ACORD CORPORATION 1993 PAGE 2 OF 2 Attached to and forming part of Binder Nfl. 00056349-01 HealthStrearn, Inc. 4 CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective, This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note", Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation: except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days, For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000,00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2001/01) Page 1 of6 16F4 mediavilla_s From: mediavilla_s Sent: To: Subject: Friday, April 22, 2005 4:11 PM ward_kelsey FW: Contract 05-3789 "Professional Engineering Services for the Reuse System TelemetrylSCADA Wide Area Network" Importance: High Kelsey: Jeff and I just finished a phone conference with Bob Thorngate and he stated the following: John Thompson (910-343-1048) should purchase insurance that is project specific for the $5,000,000 - this should reduce the cost of the policy. Also, request that he provide us proof of what the premium increase from $2,000,000 to $5,000,000 would be. We will then make a decision on the limits. Have a good weekend. Sheree Mediavilla Risk Manager 77 4-8839 From: RT - Thorngate, Robert E. [mailto:rethorngate@irmsinc.com] Sent: Wednesday, April 20, 2005 10:24 AM To: mediavilla_s Cc: walker.j; WK - Kuhlman, William H. Subject: FW: Contract 05-3789 "Professional Engineering Services for the Reuse System TelemetryjSCADA Wide Area Network" Sheree, I've looked through the Scope of Services and don't see anything that sounds like it generates professional liability exposures beyond what you'd typically expect to see, But before we can analyze the consultant's request for the county to accept lesser limits, I think we need to know why the $5,000,000 limit was made a part ofthe contract in the first place? Also, did the contract contain an extended reporting period requirement for the professional liability? Maybe you could send us a copy of the insurance section of the contract as well as a copy of the certificate provided by the consultant? Let me know. Thanks. Bob Robert E. Thorngate, ARM Underwriter - Business Insurance Division rethorngate@irmsinc,com Insurance and Risk Management Services, Inc. 8950 Fontana Del Sol Way, Suite #200, Naples, Florida 34109 Phone: (239) 649-1444 Fax: (239) 649-7933 4/2712005 Page 2 of6 irmsinc.com 16F4 -----Original Message-m- From: WK - Kuhlman, William H. Sent: Wednesday, April 20, 2005 6:41 AM To: RT - Thorngate, Robert E. Subject: FW: Contract 05-3789 "Professional Engineering Services for the Reuse System TelemetryjSCADA Wide Area Network" Bob, just saw this morning and I am getting ready to go to Sarasota, Would you please review and get back to Sheree, Thanks Bill -----Original Message--m From: mediavilla_s [mailto: ShereeMediavilla@colliergov.net] Sent: Tuesday, April 19, 20054:26 PM To: RT - Thorngate, Robert E.; WK - Kuhlman, William H. Subject: RE: Contract 05-3789 "Professional Engineering Services for the Reuse System TelemetryjSCADA Wide Area Network" Bob and Bill - I am resending this because I got an error message that it was not received. SM From: Sent: Tuesday, April 19, 2005 10:14 AM To: 'rethorngate@irmsinc.com'; 'WK - Kuhlman, William H.' Subject: Contract 05-3789 "Professional Engineering Services for the Reuse System TelemetryjSCADA Wide Area Network" Bob and Bill: The County is requiring $5,000,000 PL for the contract described below. The contractor's question is would we accept the $2,000,000 PL limits he carries. Please take a look at this for me and give me you thoughts. Thank you. Sheree Mediavilla From: ward_kelsey Sent: Tuesday, April 19, 2005 9:57 AM To: mediavilla_s Subject: RE: Contract 05-3789 "Professional Engineering Services for the Reuse System TelemetryjSCADA Wide Area Network" Sheree, It is not an open ended contract. The initial tasks are for about a year's duration, and other tasks may be added which would extend the contract time. The value of the current contract tasks is $199,054. The firm will conduct site visits to each of the sites included in the control of reclaimed water system in the County. They may also visit various other sites as needed. Some of the work will be performed at their site. Dennis McGee may be able to give you more detailed information. Thanks, Kelsey 4/27/2005 Page 3 of6 16F4 From: mediavilla_s Sent: Tuesday, April 19, 2005 9:36 AM To: ward_kelsey Subject: FW: Contract 05-3789 "Professional Engineering Services for the Reuse System TelemetryjSCADA Wide Area Network" Hi Kelsey: I spoke to John Thompson this morning regarding the status of this contact. He explained that it is an open ended contract. What is the cost of the contract and where will this work be performed? SM From: ward_kelsey Sent: Friday, April 15, 2005 4:01 PM To: mediavilla_s Subject: Contract 05-3789 "Professional Engineering Services for the Reuse System TelemetryjSCADA Wide Area Network" Sheree, Here is the scope of services: 1. PURPOSE The Collier County Public Utilities Engineering Department (the "County") is soliciting Proposa Professional Engineering Consultants qualified and interested in providing Engineering and Professional Services for the planning, design, permitting, construction administratiol commissioning support phases of a Wide Area Network to service the Reuse System's Teleme' SCADA. 2. PROJECT DESCRIPTION The 2003 Updates of the Collier County Wastewater Master Plan identifies the need to provide a new Wi Area Network ("WAN") to serve projected needs for the Reuse Division and its SCADA System and othl Business Processes. The proposed WAN is planned to further advance the direction of the Reuse Telemetry/SCADA System, centralize and optimize control capabilities, and to accommodate future business process initiatives. To 1 extent possible, use of compatible and commensurate technologies that will accommodate various proces technologies and softwares are sought. The County is requesting Proposals that include the firm's qualifications for services related to t comprehensive planning, design, permitting, construction administration and commissioning SUI of this WAN, The Scope of Services will include a system study and assessment of existing conditions, cost-based analysis and feasibility study of centralizing the Reuse Division's Operat the preparation of a design basis report, preliminary and final design drawings and specification all services related to the construction of the WAN, 4/27/2005 3. ENGINEERING SERVICES Page 4 of6 16F l The selected Consultant(s) will provide, at a minimum, the following services for this Project: 3.1 System Study Conduct a system study of the Reuse TelemetrylSCADA System, its architecture and its technologies. The selected Consultant(s) will analyze previously-conducted System StU( including the Reuse Irrigation Outfalls Installation Standards Report and the TelemetrylSCADA PLC and SCADA Programming and Control Strategy Evaluation. The selected Consultant(s) will incorporate these recent studies into their overall analysis. Additionally, the selected Consultant(s) will examine the architecture and technologies 0 the existing SCADA System and other related business processes that the County utiliZE existing or planned. 3.2 Cost-based Analysis Conduct a cost-based analysis and feasibility study of centralizing the Reuse Division's Operations. The selected Consultant(s) will examine the overall cost implications of mul1 design and centralized-control-point location alternatives. 3.3 Design Basis Report Prepare a Design Basis Report containing schematic layouts, sketches and conceptual c criteria with appropriate exhibits to indicate the considerations involved and alternative designs available. The selected Consultant(s) will evaluate alternative topologies, architectures, transmission media, technologies and components and make recommendations to the County for these services. The Design Basis Report will establi the parameters for the detail design and construction documents that follow. Note: Where practical and to the extents possible, some or all elements of services des( in 3.1, 3.2, and 3.3 above may be combined within a single Task. 3.4 Preliminary Design Prepare draft (preliminary, 60, and 90 percent complete) Construction Documents including, but not limi designs, drawings, technical specifications, special conditions, general conditions in accordance with the approved Design Basis Report, including supplemental conditions and technical specifications necessary construction of the WAN, 3.5 Final Design Prepare and submit final technical construction documents for review and comment by the Cou including, but not limited to, comprehensive final design plans and technical specifications for 4/2712005 Page 5 of6 16F4 construction. Prepare and submit applicable permit applications and provide follow-up services necessary to obtain all permits. 3.6 Services During Construction Conduct Construction Administration activities during construction to include, but not be limited monitoring and reporting activities, including monthly schedule updates and project budget incll allowances, review and reporting of contractor progress, review and respond to requests for information, review and comment or approve shop drawings, recommend work directives or chc orders as required, participate in periodic progress and status update meetings, review paymen requests and recommend payments, provide training and start-up services where required and monitor start-up activities with contractor, ensure the completeness of all project plans and documentation and monitor compliance with all regulatory requirements, Provide final certificat permit compliance, if applicable. Prepare database in County format for spare parts inventory c Operations and Maintenance manuals so that the database can be incorporated into the Count: Allmax-Op 10 system, Provide Operations and Maintenance manuals in hard copy and electrol (CD) formats, Conduct all other activities consistent with this function. 3.7 Additional Services The County may request additional services in addition to the comprehensive services described above, These services may include, but are not limited to: . Consultation involving development of additional system tie-ins and incorporation of related business processes . (where applicable or requested) Site addition surveying and landscape architecture to assist in the site(s) additions, including ingress/egress, buffers and site landscaping . Evaluation of new, proven technologies (i.e., communications technologies, topologies, softwares and protocols) Consultant(s) should provide qualifications and comments on their experience and approach to these and other topics that may be applicable to this project. Based upon experience, expertise, and other factors, the County will select one Consultant for this Project. The selected Consultant(s) must have demonstrated successful experience in the design and installation of Wide Area Networks and Telemetry and SCADA Systems. The Consultant(s) must be knowledgeable of all applicable Federal, State and Local regulations, permit requirements, zoning ordinances, building codes, safety codes and environmental regulations. 4/27/2005 Page 60f6 16F4 -----> IRMS Electronic Mail Disclaimer This communication, including attachments, is for the exclusive use of addressee and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient immediately notify the sender by return email and delete this communication and destroy all copies. You may also contact Insurance and Risk Management Services, Inc. at (800) 649-0056. 4/27/2005 16G1 From the desk of Linda Jackson Friday, April 29, 2005 To: Bonnie Baer, Clerk's Finance Department Trish Morgan, Clerk's Minutes and Records RE: Contract Amendment No 2, Contract 03 -3473 " Consultant Services for Preparation of a Land Development Overlay for Bayshore /Gateway Triangle Community Redevelopment Area (CRA) District" Attached is a copy of Amendment No. 2, which was awarded by the Board of County Commissioners on Tuesday, April 26, 2005, Agenda Item 16.G.1, for your files. Should you have any questions, please do not hesitate to contact me. Regar s, VaJackson Contract Specialist Purchasing Department EXHIBIT A -2 Contract Amendment No. 02 16 G 1 #03 -3473 "Consultant Services for Preparation of a Land Development Overlay for Bayshore /Gateway Triangle Community Redevelopment Area (CRA) District' This amendment, dated C I Zb)/ to the referenced agreement shall be by and between the parties to the original Agr ment, ADR Engineering, Inc., (to be referred to as "Consultant ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract # 03 -3473 "Consultant Services for Preparation of a Land Development Overlay for Bayshore /Gateway Triangle Community Redevelopment Area (CRA) District" The Consultant agrees to amend the above referenced Contract as per Schedule "A -2" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published February 23, 2005. Amendment No. 02 represents a 3.0% (CPI) increase to the Fee Schedule to the Contract from April 12, 2005 to December 16, 2006. The fee schedule will affect the hourly rates for Work being provided as set forth under the original Contract and all subsequent Amendments. Also identified in Schedule A -2 is the addition of four (4) professional positions to the project. The hourly rate increases will not apply to Work being provided under Amendment No. 03- 3473 -A01, which was generated by Stormwater Management. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTE T: Corp rate Secretary fitness By: L.EJ l� i s J • a �h �. �.,. Dated: Approved as to form and sufficien Scott R. Teach Assistant County Attorney CONSULTANT: I HDR Engineeriit, Ind. J By: C, Title: S t/Tzf �". Dated: CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Yvog 1 L4 . L/—Z� Stepheri Y. Caffiell ` Director of Purchasing and General Services 16G1 1 Schedule A -2 Collier County Proposed Fee Schedule RFP 03 -3473 "Consultant Services for Preparation of a Land Development Overlay for Bayshore /Gateway Triangle Community Redevelopment Area (CRA) District" Professional Hourly Rates Officer $175.00 Sr. Project Manager $137.00 Project Principal Urban Design $142.00 Planner / Landscape Architect $ 86.00 Sr. Market Analyst $149.00 Sr. Traffic / Transportation Planner $139.00 Sr. Landscape Architect* $110.00 Sr. Engineer* $103.00 Engineer* $ 93.00 CADD Technician* $ 70.00 Administrative / Clerical $ 59.00 *Added professional positions. This list is not intended to be all - inclusive. The County and firm on a project -by- project basis as needed shall mutually negotiate hourly rate fees for other categories of professionals and/or specialists, support and other services. END OF SCHEDULE A -2 Item #16G1 from April 26, 2005 Patricia L. Morgan From: JacksonLinda [LindaJackson @coiliergov.net] Sent: Friday, April 29, 2005 2:33 PM To: Patricia L. Morgan; Bonnie L. Baer Subject: RE: Item #16G1 from April 26, 2005 Page 1 of 1 16G1 Patricia, I am very sorry, I was advised that this item had, in fact, been approved by the BCC. As a result, I have already mailed out the signed copies to David Jackson of the Bayshore /Gateway CRA, HDR, Randy Cohen of Comprehensive Planning and Jerry Kurtz of Stormwater. I sent copies to both you and Bonnie this morning. I will send emails to all involved and have to re -date the form, if it is not too much of an inconvenience, could you return your copy to me, please. Thank you! Linda Jackson - - - -- Original Message---- - From: Patricia L. Morgan [ma i Ito: Patricia. Morgan @clerk.colIier.fl. us] Sent: Friday, April 29, 2005 2:12 PM To: JacksonLinda; Bonnie Baer Subject: Item #16G1 from April 26, 2005 Yfelto Everyone, We just received the Contract Amendment No. 2 for Contract 03 -3473 "Consultant Services for (Preparation of a Land Development Overlay for Bayshore /Gateway Triangle Community 12edevelopmentArea (CXA) District" from you. This item, according to the changes made for the April26, 2005 BCC meeting, has been continued and not reviewed /approved by them yet. It was continued to the May 10, 2005 meeting by Commissioner Fiala during the changes at the beginning of the meeting. So, what do you want me to do with this amendment to contract? Are you getting it resigned by everyone with the correct date or having it initiated by everyone with the correct date, etc. (Please advise. Thankyou for your immediate attention to this matter, Trish Morgan Clerkto the Board Minutes e� Records Dept. 774 -8399 4/29/2005 Item #16G1 from April 26, 2005 Page 1 of 1 Patricia L. Morgan 16G 1 i From: JacksonLinda [LindaJackson @colliergov.net] Sent: Friday, April 29, 2005 2:57 PM To: Patricia L. Morgan; Bonnie L. Baer Subject: RE: Item #16G1 from April 26, 2005 Bonnie, I pulled your copy out of the mail and will contact all parties involved to advise. IN"117. - - - -- Original Message---- - From: Patricia L. Morgan [ma ilto: Patricia. Morgan @clerk. col Iier.fl.us] Sent: Friday, April 29, 2005 2:12 PM To: JacksonLinda; Bonnie Baer Subject: Item #16G1 from April 26, 2005 Yfello Everyone, We just received the Contract Amendment No. 2 for Contract 03 -3473 "Consultant Services for (reparation of a Land Development Overlay for Bayshore /Gateway Triangle Community 12edevelopmentArea (C1A) District "from you. This item, according to the changes made for the April 26, 2005 BCC meeting, has been continued and not reviewed /approved by them yet. It was continued to the 911ay 10, 2005 meeting by Commissioner Fiala during the changes at the beginning of the meeting. So, what do you want me to do with this amendment to contract? Are you getting it resigned by everyone with the correct date or having it initialed by everyone with the correct date, etc. (Please advise. Thankyou for your immediate attention to this matter, Trish Morgan Clerkto the Board Minutes e� Records Dept. 774 -8399 4/29/2005 16G1 4 Patricia L. Morgan From: JacksonLinda [LindaJackson @colliergov.net] Sent: Friday, April 29, 2005 3:36 PM To: Cohen, Randall; kurtz g; Jackson, Charles; JacksonDavid; joe.ehardt @hdrinc.com Cc: Bonnie L. Baer; Patricia L. Morgan Subject: Amendment #2 to Contract 03 -3473 "Consultant Services for 1T`reparation of a LandDeve(opment Overlay forBayshore /Gateway Triangle Community RedevefopmentArea (C 4) District" GoodAfternooT fgretta6(y, I learned today that our departmenta((caison to the Board of County Commissioner's (BCC) meetings mis- informed me this past Tuesday that the BCC hadapprovedthe aboveAmendment, Agenda Item 16. G.1, when in fact, Commissioner (Fiala had pulled the item from the April 26 Agenda, andfurther discussions regarding the fee schedule increase will 6e continued at the May 10th Board meeting. I mailed copies of the Amendment #2 to all of you for your records on Wednesday, 4prif27th, Amendment #2 is datedApril 26, 2005- this is NOT correct. Should the Board of County Commissioners awardAmendment #2 on May 10th, I will update the date theAmendment to May 10, 2005 andforwardrevisedcopies toyou. TlieApri(26, 2005 date is nullandvoid, please dispose of the copies you have received. In the interim, shouldyou have any questions, please do not hesitate to contact me. Regards, Linda L. Jackson, M.B.A. Contract Specialist Collier County Government 3301 TamiamiTradEast,Bldg. G Naples, FL 34112 (Direct (239) 774 -8990 TaX (239) 732 -0844 ORIGINAL DOCUMENTS CHECKLIST & ROUT~~IP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN . ,... .:;; THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR ti.q Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the / exception of the Chairman's sil'lnature, draw a line throuWl routinl'llines # I throuldl #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl'l order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Debbie Hamaga Phone Number 642-7878 Ext. 34 Contact Agenda Date Item was April 26, 2005 Agenda Item Number 16,G.2, Approved by the BCC Type of Document Resolution Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on 4/26/05 (enter date) and aU changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. ~ N/A 2, 3. 4, 5. 6. ~\-'\ \)~\ ~~ I: Forms! County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24.05 16G2 :.f .. RESOLUTION NO. 05- 169 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING EXPENDITURE OF $500,000 OF US DEPARTMENT OF AGRIGUL TURE (USDA) AND $500,000 OF RURAL INFRASTRUCTURE GRANT FUNDS IF BOTH GRANTS ARE A WARDED TO THE COLLIER COUNTY AIRPORT AUTHORITY, TO FUND PHASE I OF THE SURFACE WATER MANAGEMENT DETENTION POND AT THE IMMOKALEE REGIONAL AIRPORT WHEREAS, the Collier County Growth Management Immokalee Area Master Plan calls for the enhancement of the local economy by creating employment opportunities; and WHEREAS, development of the Immokalee Regional Airport and Industrial Park will create such job opportunities; and WHEREAS, further development of the Immokalee Regional Airport requires completion of a Surface Water Management Detention Pond in accordance with South Florida Water Management District permit requirements; and WHEREAS, the entire Detention Pond must eventually have sufficient retention capacity to comply with permit requirements for all future airport development at the Immokalee Regional Airport; however, the Detention Pond may be constructed in phases to meet the then concurrent development requirements of each respecti ve phase of development; and WHEREAS, Phase I of the Detention Pond will satisfy the above stated permit requirements for the construction of Phase I airport development areas; and WHEREAS, the projected cost of Phase I of the Detention Pond is $1,025,000 of which 48% ($500,000) is expected to be funded by a US Department of Agriculture Rural Enterprise Grant; and an additional 48% ($500,000) is expected to be funded by a Florida Rural Infrastructure Grant; and WHEREAS, the Board of County Commissioners previously authorized funding for the Design and Permitting of Phase I of the Detention Pond (Work Order CCAA-04-07), which funding' was approved by the Collier County Airport Authority at its regular meeting of February 14, 2005, in the amount of $72,475, including $30,500 for Design and Permitting of Phase I. NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes expenditure of $500,00 of USDA grant funds and $500,000 of Rural Infrastructure grant funds if both grants are awarded to the Collier County Airport Authority (to pay for Phase I of the Surface Water Management Detention Pond at the Immokalee Regional Airport), 2. This Resolution shall take effect immediately upon adoption. AD9PTED-tpis t1~1::i1 day of April 2005 after motion, second and majority vote favoring "~ ~'. ... f. I'::.', . ad<;>pO'on. ",,,'"1111',,, :, .." <'t#- "I, . ,'t.'" 1"\' tVHr:.J III/ .... .' ........' '~,JIIJ .......... t1~ '-'tI ~,t ~ '" ..... ..'. t!! "'....... {? A.TIl1~t,. , ,-,.... .. .'. ':"" ~. D~Gmtt"BRq~K;:~k ~ ~ ~-. ". .;:.2~ J:: ff By:"; . ;........,.. I :~' :,..tI.".= AP~~ 6f'.... and legal sufficiency: Jd~ ~J~ Tom Palmer, Assistant County Attorney c.. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: ~ ..tW. ~ FRED W. COYLE, Chai ltem# 10(; d-- ~:da :r20~ ~=d Lf-:1/; 1h ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 l G 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAiURl Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor infDrmation needed. If the document is already complete with the I ... exception of the Chairman's signature, draw a ine through routing lines #l through #4. complete the checklist, and tDrward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. .. " .), - -- 4, .. , 5. Sue Filson, Executive Manager Board of County Commissioners I'll O/;~~ ~ 11./ c. 6, Minutes and Records Clerk of Court's Office , PRIMARY CONT ACT INFORMATION (The primary contact is the holder of dle original document pending BCe approval. Normally the primary contact is the person who createdlprepared the executive summary. Primary contact intDrmation is needed in the event one of the addressees above. including Sue Filson, need to contact statTtDr additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only atter thc BCe has acted to approve the item) Name of Primary Staff Phone Number Contact Debbie Harnaga 642-7878 Ext. 34 Agenda Date Hem was Agenda Item Number Approved by the BCC April 26, 2005 16(&)2 Type of Document Number of Original Attached Grant Agreement Documents Attached 2 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a 1'0 riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sianature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 4/26/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. ~\~ I: Formsl County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 16G2 MEMORANDUM Date: June 17, 2005 To: Debbie Harnage Airport Authority From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Grant Agreement Enclosed please find two (2) original documents, as referenced above, (Agenda Item #16G2), approved by the Board of County Commissioners on Tuesday, April 26, 2005. Please forward to the appropriate party and return a fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at 774-8411. Thank you. Enclosures (2) 1~G2 STATE OF FLORIDA EXECUTIVE OFFICE OF THE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT BACKGROUND The Office of Tourism, Trade, and Economic Development is authorized by law to make grants of funds in accordance with legislative appropriations, The Legislature of the State of Florida has made a provision for such grants in Section 288,0655(2)(b), Florida Statutes. GRANT AGREEMENT mIS GRANT AGREEMENT is entered into between the State of Florida, Office of Tourism, Trade, and Economic Deve lopment (OTTED), and the Collier County Airport Authority (GRANTEE). OTTED and GRANTEE are sometimes hereinafter referred to as a "Party" and collectively as the "Parties." This Grant Agreement is Grant Number OT05-] 36 for the purpose of facilitating the financing of renovations and new construction of an infrastructure project in rural Collier County to encourage job creation, capital investment, the strengthening and diversification of GRANTEE's economy by the location of two companies, Sky truck Company, Inc. and Genapol, Inc., and to leverage the use of funds provided by the Federal Aviation Administration, the Florida Department of Transportation. and the Collier County Airport Authority. In consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1.0 PARTIES: The Parties and their respective addresses for the purposes of this Agreement are: I.I STATE OF FLORIDA EXECUTIVE OFFICE OF THE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT THE CAPITOL, SUITE 200] TALLAHASSEE, FLORIDA 32399-000] I~G2 1.2 COLLIER COUNTY AIRPORT AUTHORITY 2003 MAINSAIL DRIVE NAPLES, FLORIDA 34104 1.3 The grant manager for OTTED is Mary Helen Blakeslee, who may be reached at telephone number (850) 487-2568, facsimile number (850) 487-3014, and electronic mail marvhelen.blakeslee@mvtlorida,com, The grant manger for GRANTEE is Teresa Cook, who may be reached at telephone number (239) 642-7878, facsimile number (239) 394-3515, and electronic mail at theresacook@colliergov,net All approvals referenced in this Agreement must be obtained in writing from the Parties' grant managers or their designees, Either party may change its grant manager at any time by written notice to the other pursuant to Section 2.0. 2.0 NOTICES: All notices between the Parties shall be in writing and shall be by confirmed electronic mail, facsimile, or certified mail, return receipt requested, and delivered to the address of the Parties as set forth in Section 1.0 above, unless prior written notice of change of address is given. 3.0 TERM: The term of this Agreement shall commence upon execution of this Agreement ("Effective Date") and continue until June 30, 2007 ("Term"), This Agreement may be extended by OTTED upon the same terms and conditions of this Agreement (other than those changes necessary to accommodate the revised dates, revised funding, and any other revisions required by law), Only project costs incurred on or after the Effective Date of the Agreement and on or prior to the termination date of the Agreement are eligible for payment. 4.0 PROJECT DESCRIPTION: GRANTEES shall perform in accordance with the provisions of Section 288.0655 (2)(b), Florida Statutes. The GRANTEES shall receive from OTTED no more than 30% of the total 2 16G2 infrastructure project cost. Funds made available by OTTED pursuant to this Grant Agreement shall be expended solely for the project described in "Exhibit A," and budget, designated as "Exhibit B," both of which are incorporated herein and made part of this Agreement. "Exhibit A" contains a written project description and project schedule, and "Exhibit B" contains a project budget showing the types and amounts of each separate expenditure to be made to complete the project and omits no material parts of the project. "Exhibit A" and "Exhibit B" may only be amended by prior written approval of OTTED. 5.0 GRANTEES REQUIREMENTS: Project funds made available by OTTED shall not be released until the following have been satisfied: 5.1 GRANTEES shall agree to manage construction of the required infrastructure as provided by resolution of GRANTEES, 5.2 GRANTEES shall verify all invoices, statements, or other related documents duly submitted to GRANTEES for approval by the GRANTEES prior to submission to OTTED. 5.3 GRANTEES shall certify that their adopted local government comprehensive plans are in compliance with Chapter] 63, Part II, Florida Statutes, and that any amendments to the adopted plan related to the project have been determined by tbe Department of Community Affairs to be in compliance with Chapter 163, Part II, Florida Statutes. 5.4 GRANTEES shall certify who owns all of the infrastructure to which improvements funded under this Agreement are being made. 5.5 GRANTEES shall provide OTTED with written notification of either their intent to: (a) Award the construction of the project to the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. GRANTEES shall 3 submit a copy of the bid tally sheet(s) and awarded bid contract to OTTED; or (b) Construct the project utilizing existing GRANTEES employees, if the GRANTEES can complete the project within the timeframe established by Section 3,0 of this Agreement. 6.0 PAYMENT 6.1 Rural Infrastructure Funds of up to a total of $454,143.00 will be made available to GRANTEES for monthly reimbursement. 6.2 OTTED shall not remit funds until the requirements of Section 5,0 have been satisfied. 6.3 OTTED will remit funds to GRANTEES upon OTTED's receipt and approval of a written invoice from GRANTEES, which shall be accompanied by supporting documentation such as bills, statements, or other related documents documenting incurred costs duly submitted to and verified by GRANTEES. 6.4 Funds will be transferred by OTTED to GRANTEES on a monthly basis as needed by the GRANTEES and as documented by the approved submissions required in the paragraph set out above. These documents must be received by OTTED no later than fifteen (15) days from the end of the month for which GRANTEES request reimbursement. The total of all monthly payments shall not exceed the grant amount. 6.5 OTTED will only transfer the amount of funds needed to complete the project as documented by the approved submitted documentation required, Should the total of all documented amounts be less than the grant amount, OTTED shall retain all surplus funds, 6.6 OTTED's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, In the event of a State revenue shortfall, the total grant may be reduced accordingly. OTTED shall be the final determiner of the availability 16G2 4 16G2 of any funds. 7.0 REPORTS: 7.1 In addition to the documentation submitted pursuant to section 6,0 set out above, the GRANTEES shall provide OTTED with progress reports beginning with the period ending September 30, 2005, and continuing quarterly thereafter, until the project is completed, Each report shall contain a narrative description of the work completed according to the project schedule in "Exhibit A," a description of any change orders executed by the GRANTEES, and a budget summary detailing planned expenditures found in "Exhibit B." The final written report shall be submitted within 120 days of completion of the project. A final written accounting shall also be submitted within 120 days of funds being comp letely expended, The accounting shall include: (a) The total funds paid to the GRANTEES by OTTED pursuant to this Agreement; and (b) A summary of the total project costs paid from funds made available by OTTED pursuant to this Agreement detailing planned expenditures versus actual expenditures. 7.2 Two (2) years after the location of Sky truck Company, Inc" an airplane assembly and distribution center, and Genapol Inc., a parts warehousing and distribution center, GRANTEES shall provide OTTED with the actual number of new, permanent, full-time jobs created by the Skytruck Company, Inc. and Genapol, Inc.'s location in Collier County. 7.3 If this Agreement is extended or renewed beyond the Term, Quarterly Reports on the program of work and budget described in "Exhibit A" and "Exhibit B" shall be submitted to OTTED by GRANTEES to cover the extended Agreement period, 7.4 OTTED's Contract Manager, or designee, may with reasonable notice perform on-site reviews to independently validate any information or reports submitted, or to be 5 " 16G2 submitted, to OTTED, GRANTEES shall allow OTTED's Contract Manager and other OTTED- authorized personnel reasonable access to any information and any other documents requested by OTTED for purposes' of monitoring GRANTEES' performance. 8.0 AUDIT AND RECORDS: 8. I The GRANTEES shall retain and maintain all records, including records of all payments made by GRANTEES in connection with the Grant and make such records available for any audit as may be requested, Records shall include independent auditor working papers, books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which according to generally accepted governmental accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of the Agreement. The records shall be subject at all times to inspection, review, or audit by personnel of the Office of the Auditor General, Department of Financial Services, or the ChiefInspector General. or other personnel authorized by OTTED and copies of the records shall be delivered to OTTED upon request. 8.2 In addition to the requirements set out above in this section, the GRANTEES shall comply with the applicable audit provisions contained in "Exhibit C," which is attached to this Agreement and incorporated herein. "Exhibit C" sets out the duties and requirements of the GRANTEES pursuant to the Single Audit Act, Section 2 1 5,97, Florida Statutes. 9.0 TERMINA TION: 9.1 BREACH & PRESERVATION OF REMEDIES (a) In the event that the GRANTEES fail to comply with any of the terms of this Agreement, OTTED may exercise any remedies available at law or in equity, including the withholding and/or reduction of funding to GRANTEES, In the event such failure is material to the Agreement as a whole, OTTED shall have the right to terminate this Agreement in 6 16G2 accordance with its terms. (b) OTTED may terminate the Agreement due to the fuilure of the GRANTEES to fulfill their obligation under the Agreement in a timely or satisfactory manner. Satisfaction of obligation by the GRANTEES will be determined solely by OTTED, OTTED must provide the GRANTEES a written notice of default letter. The GRANTEES will have fifteen (15) calendar days to cure the default, unless it is determined by OTTED that it is necessary that the default be cured immediately. If the default is not cured by the GRANTEES within the stated period of time, OTTED has tre option to terminate this Agreement. The termination shall be effective upon no less than 24 hours notice delivered in a manner set forth in Section 2.0. In the event of termination of this Agreement, the GRANTEES will be compensated for any work satisfuctorily completed prior to notification of termination, Determination of work satisfactorily complet~d shall be at the sole discretion of OTTED. (c) No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement will impair any such right, power, or remedy of either Party; nor will such delay or omission be construed as a waiver of any such breach or default. 9.2 REFUSAL TO GRANT PUBLIC ACCESS, This Agreement may be unilaterally terminated by OTTED for refusal by the GRANTEES to allow public access to all documents, papers, letters, or other material created in connection with this Agreement that are subject to the provisions of Chapter 119, Florida Statutes, 9.3 UNAUTHORIZED ALIENS. OTTED will consider the employment by GRANTEES, or any contractor or subcontractor, of unauthorized aliens a violation of Section 274A(e) ofthe U.S. Immigration and Nationality Act. Such violation shall be cause for cancellation of the Agreement.e 7 16G2 10.0 GENERAL CONDITIONS: 10.1 LIABILITY AND INSURANCE (a) OTrED shall not assume any liability for the acts, omissions to act, or negligence of the GRANTEES, their agents, servants, or employees; nor shall the GRANTEES exclude liability for the ir own acts, omissions to act, or negligence to OTTED, In addition, the GRANTEES hereby agree to be responsible for any injury or property damage resulting from any activities conducted by GRANTEES. (b) GRANTEES shall act in an independent capacity and not as an employee of OTTED in the performance of this Agreement. GRANTEES agree to indemnify and hold the State harmless from any and all claims or demands for damages resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at its own expense. (c) GRANTEES shall be responsible for all work performed and all expenses incurred in connection with the project. The GRANTEES may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities PROVIDED THAT it is understood by the GRANTEES that OTTED shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEES shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Also, when contracting with subcontractors, GRANTEES must require subcontractors to indemnify and hold harmless the State for actions of the subcontractor resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at its own expense. 8 IhG2 (d) Neither OITED nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationsnip. (e) GRANTEES shall require that any contractor, subcontractor, or operator performing work pursuant to or in furtherance of this Agreement shall provide and maintain during the duration of such contract, subcontract, or operating arrangement at least the kinds and minimum amounts of insurance required in this Section of the Agreement. The minimum amounts required may, on a case-by-case basis, be adjusted by mutual agreement between OITED and GRANTEES. (f) Before commencement of any work pursuant to the Agreement, GRANTEES shall require each contractor, swcontractor, or operator under this Agreement to provide certificates of insurance evidencing that the required insurance has been obtained and is in force, All such policies shall contain an endorsement stating that any cancellation or material change shall not be effective unless at least thirty (30) days prior written notice is provided to GRANTEES. GRANTEES will require each contractor, subcontractor, or operator to produce and maintain during the entire period of their performance under this Agreemeri the following minimum amounts and types of insurance. i. Worker's compensation and employer's liability insurance in compliance with applicable worker's compensation and occupational disease statutes with a minimum limit of$100,000 per incident. Such insurance shall comply with the Florida Worker's Compensation Law. ii. General comprehensive liability insurance with minimum limits of $1,000,000 for injury to one person arising out ofa single incident, and $1,000,000 for property damage. 9 16G2 iii. Comprehensive automobile insurance which shall include bodily injury and property damage covering all owned, non-owned, hired, and government-furnished vehicles with minimum limits of $ i ,000,000 for bodily injury and property damage per occurrence. 10,2 NON-ASSIGNMENT. Except as otherwise stated in this Agreement, neither party may assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the other party, which will not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring will be null and void, Notwithstanding the foregoing, OTTED will at all times be entitled to assign or transfer its right, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving written notice to the GRANTEES. In the event OTTED approves transfer of GRANTEES' obligations, the GRANTEES remain responsible for all work performed and all expenses incurred in connection with the Agreement. 10.3 GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida, Any and all litigation arising under this Agreement shall be brought exclusively in the appropriate court in Leon County, Florida. 1 0.4 MODIFICATION. This writing and the attached "Exhibit A," "Exhibit B," and "Exhibit C" contain the entire Agreement of the parties, No representations were made or relied upon by either party, other than those that are expressly set forth, No agent, employee, or other representative of either party is authorized to alter, modify, amend, or change any ofthe terms of this Agreement, unless done in writing and signed by an executive officer of the GRANTEES and OTTED, 10.5 APPLICABLE LAWS. GRANTEES agree to comply with all applicable federal. state, and local laws related to the execution of the program described in "Exhibit A," 10 16G2 10.6 MINORITY BUSINESS. GRANTEES are encouraged to use small businesses, including minority and women-owned businesses as subcontractors or subvendors under this Agreement. The directory of certified minority and women-owned businesses can be accessed from the website of the department of Management Services, Office of Supplier Diversity, GRANTEES shall report, on a quarterly basis, expenditures with minority and women-owned businesses. The report shall contain the names and addresses of the minority and women-owned businesses; the aggregate dollar figure disbursed that quarter for each business; the time period; type of goods or services; and the applicable code. If no expenditures were made to minority or women-owned businesses, Grantees shall submit a statement to this effect. 10.7 LOBBYING. Funds may not be used for the purpose of lobbying the Legislature, the judicial branch, or a state agency, pursuant to Section 216,347, Florida Statutes. 10.8 TRA VEL. There will be no reimbursement for travel expenses by OTTED. 10.9 PUBLIC ENTITY CRIME. GRANTEES affirm that at no time have GRANTEES been convicted of a public entity crime pursuant to Section 287.133, Florida Statutes, and agree that they shall not violate any such law and further acknowledge and agree that any such conviction during the term of the Agreement may result in the termination of this Agreement. 10.10 NON-DISCRIMINATION. The GRANTEES will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, race, creed, color, handicap, national origin, or sex. GRANTEES affirms that at no time have GRANTEES been placed on the discriminatory vendor list pursuant to Section 287.134, Florida Statutes, and agree that they shall not violate any such law and further acknowledge and agree that any such placement on the list during the term of the Agreement may result in the termination of this Agreement. II 16G2 The GRANTEES shall insert similar provisions in all subcontracts for services by this Agreement. 10.11 SEVERABILITY. If any term or provision of the Agreement is found to be illegal, invalid, or unenforceable, such term shall be severed from this Agreement and the remainder of the Agreement will remain in full force and effect. I 0.12 ATTORNEY FEES. Unless authorized by law and agreed to in writing by OTTED, OTTED will not be liable to pay attorney fees, interest, or cost of collection. 10.13 DUPLICATE ORIGINALS, This Agreement is executed in duplicate originals, 10,14 ACCEPTANCE AND AMENDMENT BY FACSIMILE. The acceptance of this Agreement or any modification of this Agreement may be made by facsimile transmission. Receipt of the facsimile transmission shall for the purpose of this Agreement be deemed to be an original, including signatures, 10.15 SUBCONTRACTS, Any and all contracts that GRANTEES execute with a person or organization under which such person or organization agree to perform services on behalf of GRANTEES or the State of Florida shall include provisions requiring that such person or organization report on performance, account for proper use of funds provided under the contract, including the provision of audit rights pursuant to Section 8.0 and "Exhibit C" of this Agreement, avoid duplication of existing state and local services and activities, and agree to abide by all local, state, and federal laws. 10.16 PLEDGING CREDIT. GRANTEES shall not pledge the State of Florida's or OTTED's credit or make the State of Florida or OTTED a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. 12 16G2 11. IMPROVEMENT TO REAL PROPERTY: In accordance with Section 253.85, Florida Statutes, the GRANTEES grant to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered by their duly authorized representatives as of the date set forth below. STATE OF FLORIDA OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT COLLIER COUNTY BOARD OF COMMISSIONERS PAMELLA J. DANA, DIRECfOR ~w.~ FRED W. COYLE, CHAIRMAN Date: Date: b ~6-7t;..:;- , Witness: Witness: ~c/<.&_.:_______ 1,0"""""//" AIIlIPINIM ", I"" r.' r... &&IJiJ& ,,' t-.r~.'.\.rll~',~,'1 . l,_ ,'.\~' .'......-~ DWI8B'1' 8;'11II&__;, .-'... r.. I' ~\-,,), . .~... :~'~/f2~~- ;-~ 0 , 't .~ , ~ BY: Attest " 1 :. ;! .. ~" J... · ...... .'11 --<:.: ' .I.~(. .::..... . . It',.... , . #. . . (,.;- t:: ,......... 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MONITORING By entering into this agreement, the GRANTEE agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the OITED. In the event OTTED determines that a limited scope audit of the recipient is appropriate, the GRANTEE agrees to comply with any additional instructions provided by OITED to the GRANTEE regarding such audit. The GRANTEE further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General or Chief Inspector General. AUDITS 1. In the event that the GRANTEE expends a total amount of State awards (Le" State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $500,000 in any fiscal year of such GRANTEE, the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes (the Single Audit Act); applicable rules of the Executive Office ofthe Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from OTTED, except that State financial assistance received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2, In connection with the audit requirements, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. 3, Ifthe GRANTEE expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $500,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). 4. The GRANTEE must include the record keeping requirements in subrecipient contracts and subcontracts entered into by the GRANTEE for work required under terms of this Agreement. In the executed subcontract, the GRANTEE shall provide each subrecipient of state financial assistance the information needed by the subrecipient to comply with the requirements of .the Single Audit Act. Pursuant to Section 215.97 (6), Florida Statutes, GRANTEE shall review and monitor 1~"G2'.. subrecipient audit reports, and perform other procedures as specified in the agreement with the subrecipient, which may include onsite visits, GRANTEE shall require subrecipients, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the state awarding agency, the Comptroller, and the Auditor General access to the subrecipient's records and independent auditor's working papers as necessary to comply with the requirements of the Single Audit Act. 5. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), the GRANTEE should access the website for the Governor's Office located at http://www.flgov.com/. for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/. the Department of Banking and Finance's Website http://www.dbf.state.fl.us/aadir/FSAAIndex.html. and the Auditor General's Website http://sun6,dms,state.fl.us/audl!en REPORT SUBMISSION Copies of audit reports conducted in accordance with the audit requirements contained herein shall be submitted to the parties set out below. The annual financial audit report shall include all management letters and the GRANTEE's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified above, shall be sent directly to: Mary Helen Blakeslee Office of Tourism, Trade, and Economic Development The Capitol, Suite 200] Tallahassee, Florida 32399 -0001 and State of Florida Auditor General Attn: Ted J Sauerbeck Room 574, Claude Pepper Building III West Madison Street . Tallahassee, Florida 32302-1450 RECORD RETENTION GRANTEE shall retain all grant records and shall ensure the retention of its independent auditors working papers for a period of five (5) years from the date of submission of the final project report. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the five (5) year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the five (5) years period, whichever is later. IbL BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE . '. April 26, 2005 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO EILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for February 26.2005 through March 4. 2005. 2. Disbursements for March 5. 2005 through March 11. 2005. 3. Disbursements for March 12.2005 through March 18.2005. 4. Disbursements for March 19.2005 throul?h March 25. 2005. B. Minutes: 1. Forest Lakes Roadway Drainage M.S.T.U. Agenda for March 23, 2005 and April 13, 2005; Minutes of March 9, 2005 and March 23, 2005. 2. Bavshore Beautification M.S.T.U. - Agenda for April 13, 2005; Minutes of March 9, 2005. 3. Collier County Planning Commission - Agenda for April 7, 2005; Minutes of February 17, 2005. ... 4. Collier County Hispanic Advisory Affairs Board - Minutes of February 24, 2005. 5. Collier County Library Advisory Board - Agenda for March 30, 2005; Minutes of February 23, 2005. 6. Pelican Bav Services - Minutes of March 2, 2005, and April 6, 2005; Statement of Revenue and Expenditures for March 31, 2005 a) Clam Bay Sub-Committee - Minutes of April 6, 2005 b) Budget Sub-Committee - Minutes of March 16,2005 7. Development Services Advisory Sub-Committee - Minutes of March 9, 2005. 8. Radio Road Beautification M.S.T.U. "- March 15,2005 _ no meeting due to lack of quorum. H:DataIFormat H:Data/Fonnat /61. 9. Coastal Advisory Committee - Minutes for February 10,2005; Budget Workshop - Mi~utes of February 18,2005. 10. Collier County. Citizen's COIl's Advisory Committee _ Agenda for March 16, 2005; Minutes of March 16,2005. 11. Environmental Advisory Council - Agenda for April 6, 2005; Minutes of March 2, 2005. 12. Vanderbilt Beach M.S.T.Q. - Agenda for April 7, 2005; Minutes of March 3, 2005. 13. Conservation Collier Land Acquisition Advisory Committee _ Minutes of February 14, 2005. Collier County, Florida l~t~ tAl R~JE\VED MAR 2 9 2005 Clerk of the Circuit Court Board of County Commissioners Finance & Accounting Department MEMORANDUM Date: 02/26/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 26,2005 through March 4,2005. In accordance with Florida Statutes, Chapter 136,06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records, If you have any questions regarding this correspondence, please telephone me at 774- 8481. ,.,...;a....',J.,.....,T." :-"',:,...~ . ". ,~;' ,..... q...~.~. :'.'::,::: !-"~:,~:";:<~:::'~::.~: r':~'.", r'~'.'tTt;,~. ........... ...,J...... .,~" d . i ~ !:r:! ILPltj dh, .. 1 J 1 ':".~;;, ',7.:";::~7'~."'; ':' ;. .;;:~.~:, ;:~; ':;':':;~~::::::?:;:~;~:;:'~~;~? ~lldQ r-: : ' ;" ~ !,. ,.. ..~. '- '::::> - CCPh:"~ 'ffJ: n :>o-toto : : : : : : ~ : ~ : : : : : : : ~ : : : : : ~ : : : : : ~ : ~ : ~ : : : ~ : ~ : ~ : ~ ~ ~ $ a ~ ~ ~~::::~:~:~~::::~:::~~~:::::~:~~~:::*:e:~~~ll; ijl $). n z to o PJ 0 3 '0 PJ '0 f-' '1 PJ ro (L ::; m '< 0 rn o a e CD <0 ::; >-' rr o '< o o n o 3 ? 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() a 5' (]) C ::l t--' o '< o o n o ~ 'U PJ ~ ::l rT [Jl ~ 0 'lJ '-"'Z " " tIl o ~ '-D 'U t--' " f-' '-D t--' 'lJ t--' f-'. W ..." OJ rr 111 ;:r '-D W ~ ;:r f-'. " 0. tIl PJ ::l 7' n ffi () 7' " (]) li) f-' [Jl rT (]) " ill' fiT 8 li)(1)'- (]) " tv '-D '- tv o o 111 '- t--' 3: 0 w c:: OJ ~ .. S; ~ ('j '-' n 111 161 tAil! :~f:: .~... ~H :~4( ". ~) H .~... cJ o r1' OJ f-' o Ho ec f-' rtl ::> r1' " e- rtl [Jl n r0- o ;>;" " rtl to e-. [Jl r1' rtl " 18 fir 8 to rtl ...... rtl " '" ., .. \.D ...... '" o o U1 ...... .... 3: 0 ",. c: '" ;u .. ~ ",. w ~ '" n U1 Clerk of the Circuit Court I~l. IA~ RECEIVED MAR 3 1 2005 Collier County, Florida Board of County Commissioners Finance & Accounting Department MEMORANDUM Date: 03/05/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 5, 2005 through March 11,2005, In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records, If you have any questions regarding this correspondence, please telephone me at 774- 8481. r 4\dLelQS J {oLf)\ It 2- , -r J 4..~ c. 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(IJ rt> 'd rt> '1 P> '" <1l o ::r rt> o " '1j P> '< ~ ::l '" [/l :x> tJj tJj o P> P> o ::l ::l '" " " ::l " C rt> ~~ '1 o Z tJj o P> 0 3 '0 P> '0 f-' '1 P> rt> 0. ::l (Jl '< 0 H> o 8. 8 rt> c ::l f-' '" o '< o o 0 o ~ :x> 0 "l '- '" Z '1j --.l tJj o :x> \D '1j f-' -J f-' \D f-' t;:; 00 lJ1 \D W "1 ..... H> '" :J >-l ::r ..... '1 0. tJj P> ::l " o f6 o " '1 rt> 1O ..... (Jl '" rt> '1 -Ill fir 8 1Ort>'- rt> '1 '" \D '- '" o o lJ1 '- ~ ~ ~ ~ .. S; ;';; Pi :;. o 00 /~:z IA ,., ... \. . t--- c: ! (fl t:J w - tv en >-' - tv W tv '" '" >oj o rt W I-' o Ho ~ I-' <1J ;:l rt '1 ..... <1J Ul n 8' o ;>;' '1 <1J cD ..... Ul ft '1 09 fir 0 w cD <1J -..... (1) '1 tv '" -..... tv 0 0 en -..... >-' :s: 0 U1 c: ro :,; .. ~ '" W ('j '" n ro /,:z. /113 Clerk of the Circuit Court Collier County, Florida RECEIVED MAR 3 1 2005 Finance & Accounting Department Board of County Commissioners MEMORANDUM Date: 03/12/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 12, 2005 through March 18, 2005. In accordance with Florida Statutes, Chapter 136,06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records, If you have any questions regarding this correspondence, please telephone me at 774- 8481, .:~'l-";':'..~_" .""......-":.~:...", '~.... ,-"" "'i ,.~.~ _~"~'..' .,: .s..:.... 'lh:~.Nt" .,.... .....~.~. ...... '.." ... ..".....,... ".~ .. ........ ,.-'. ........ -;"10 ~'.~., .....H.. ....' ,.. ~. "'. "'. ......'....." ...., t......,'.~.~\'.~ ...-~. l. " " Misc. 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IA ~ Clerk of the Circuit Court RECEIVED MAR 3 1 2005 Collier County, Florida Board of County CommISSioners Finance & Accounting Department MEMORANDUM Date: 03/19/05 To: Board of County Commissioners From: Constance C, Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 19,2005 through March 25,2005, In accordance with Florida Statutes, Chapter 136,06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records, If you have any questions regarding this correspondence, please telephone me at 774- 8481, ..~.., ...,..,..,.. --~.,~~- L .,~~:~~ (' ~ _'~ ;'J i L, . :4-l~.v\Lb.~ \ UCL") U\L\- :~ (, ., . ~ ~ m ~ m m ~ m ~ m m m m m m m m m m m ro m m m m m m m m m ~ m m m m m m m m m m m m m ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w ~ ~ ~ w w ~ ~ w ~ w m m m m m m ~ m m m m m ~ m m m m m ~ m ~ m m m m m m m ~ m m m m m m m m m m m m m ~ m w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w ~ m rn ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w w w w w w w W W N ~ ~ ~ ~ N N ~ N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ 0 ~ 00 ~ m m ~ w N ~ 0 ~ 00 ~ m ~ ~ W ~ ~ 0 ~ 00 ~ m w ~ W N ~ 0 ~ 00 ~ m rn ~ w ~ ~ 0 ~ N ~ N N N N N N N ~ N ~ N N N N ~ N N M N N N N N N N N N N N N N ~ N N N N N N N N N 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 a 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 000 0 0 000 0 0 000 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 000 a 0 000 0 0 0 0 0 0 0 0 0 0 0 a 0 0 000 0 000 000 0 0 000 0 0 o 0 a 0 0 a 0 a a 0 000 0 0 0 a a 0 0 a 0 000 0 0 000 0 0 0 0 000 0 0 0 a 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W W W ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ W ~ ~ ~ ~ W ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ffi m m ffi ~ ~ m W ~ ~ ~ ~ ~ ~ m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w w w W w w w w ~ W N ~ 0 ~ 00 ~ m ~ ~ W ~ ~ 0 ~ ro ~ ffi W ~ W ~ ~ 0 ~ 00 ~ m ~ ~ W N H 0 ~ m ~ m m ~ w N ~ m o 000 0 000 0 0 0 0 0 0 0 0 0 0 0 000 0 0 a 0 0 000 0 0 0 0 0 0 a 0 0 0 a 0 0 0 W W W W W w w w w w w w w w w w w w w w w w w w W W W w W W W W W w W w W W W W W w W W ~~"'~"',~~"""~"""""~"""""~"" N N N NN N ~ N ~. 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'" '" ...... '" 0 0 '" II () Z to 0 PJ 0 a '0 PJ '0 i-' Ii PJ (1) 0- ::l to '< 0 "" (J a [jl (1) 10 ::l f-' rt 0 '< 0 0 () 0 a :'I () fa" (J x- " (1) lJl 1-" to tti " ~ fiT 0 w lJl (1) ...... (1) " '" '" ...... '" 0 0 <.n ...... f-' 3: 0 w C '" ;0 .. !;; ... ... Pi '" () en Lh'ZIAJf . . - ,"'-,- m {.t: .g;.- :tt:: :!lV- c: (f) t:l '" L11 '" '" '" '" '" 0 '" 1<F tV' n:,: lll<O :",:" @ P'-' ti;-:. cJ o rt OJ f-' o ..." go f-' ro ~ rt t-j t-'- ro Ul n 8" n '" t-j ro lQ t-'. Ul rt ro t-j aI m: 8 lQ ro "- ro t-j '" '" "- IV o o L11 "- f-' 3: 0 ... c: '" ;0 " ~ :::: ('j '" n L11 f-' 0 Rf~ S 1~ L~KES Fiala 6 :: Halas. ~ Vi ~ Hennmg Coyle Coletta 16t RECEIVED MAR 1 7 2005 RO,\D\\' A Y AND DRA I" AG E ''-S.T. ,~oardOfCounIyCommlsslone,.. / (p::z. I ADVISORY COMMITTEE 2705 HORSESHOE DRIVE soum NAPLES, FL 34104 Summarv of Meetinl! & Motions March 9. 2005 llL Approval of Minutes: February 9, 2005 Moved and seconded to approve with minor corrections by Sue. Carried unanimously 3-0. V. Transportation Services Report: Bob Jones moved to hold two meetings a month in March and April. Second by Roger Somerville. Carried unanimously 3-0. VI. Old Business: Update by Wllson Miller: Discussed getting permits for abandoning the pump station. Bob Jones moved to approve the expenditure of $2,000 for the permit application to SFL WM. Second by Virginia Donovan. Carried unanimously 3-0. VB. New Business: Ordinance Change - Bob Jones moved to accept the new Ordinance without all the frills. Without a second, the motion was not considered. Discussion followed. Bob Jones moved to accept the new Ordinance that has been amended and stay focused on the Bond issue and the Master Plan. A lengthy discussion followed, The Motion was seconded and approved unanimously 3-0. :'G. Corres: .g~ ) (P(l')t ~\ 1 167- IS} t-,() RF~ srr LAKES RO,\D\\,\ \' ;\ND IHt\I\'\(a, '''S.T'! . ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 March 9. 2005 Minutes I. The meeting was called to order by Bob Jones, Chairman, at 10:05 AM. II. ATTENDANCE: Members: Bob Jones, Virginia Donavon, Roger Somerville, Bill Seabury and Bob Cunningham (Excused) County: Val Prince-Project Mgr., Tessie Sillery-MSTU Coordinator, Diane Flagg- A TM Others: Craig Pajer & Chris Breinling-Wilson Miller, Diane Schneider- Manpower Services, and several residents (Sheet Attached) III. APPROVAL OF MINUTES: February 9, 2005 Roger Somerville moved to approve the minutes as written with minor corrections to be done by Sue. Second by Virginia Donavon. Carried unanimously 3-0. Mr. Bob Marshall addressed the Committee with 2 concerns. 1) Condition of Woods hire Lane being a disgrace and in need of repair. The Fairways at Emerald Greens, Emerald Greens and Woodshire Villas are part ofthe MSTU in hopes of repairing Woodshire Lane, 2) The entrance to Woodshire Lane along Pine Ridge Road - the County has removed a water meter leaving no irrigation to water the plants in the entrance. The particular area was shown on the map. Bob Jones responded the MSTU decided to solve the flooding problems before repairing the road, They are aware of the needed repairs and have a Contractor to do them, (This is a priority and areas will be marked on Monday-March 14,2005) Mr. Tom Zillges - Emerald Greens - mentioned they patched some of the holes in the road themselves. Asked about the speed bumps, Bob Jones responded the speed bumps will be removed. Lighting and stop sign issues are also being addressed. IV. APPROVAL OF AGENDA: Was not addressed. V. TRANSPORTA nON SERVICES REPORT A. Budget - Tessie Sillery 1 1(07- /8/ Budget sheets were distributed. (Attached) Tessie covered the various line item expenses, Available funds to spend - $104,344.11. She also covered the Reserve amounts, The Committee could request $177,644.11 if needed, But would require an Executive Summary to move the monies into another account. The Revenue Sheet was covered with receipts thus far of $399,347,84. Bob Jones mentioned the need for two meetings a month to address their concerns and projects on a timelier basis. Bob Jones moved to hold two meetings in the month of March and April. Second by Roger Somerville. Carried unanimously 3-0. Tessie will set them up for the room and dates which will be held on Wednesdays. VI. OLD BUSINESS Bob Jones stated to remove the SidewalklPathways from the Agenda, as sidewalks will not be done for a few years. Diane mentioned the Pathways Committee identifies different projects in which they receive State Funding for Sidewalks. They do not spend monies on private roads, Virginia asked about the process for the County to take over their roads, Mr. Feder would need to be contacted and make the decision. The roads would need to be brought up to County standards. A. Update by Wilson-Miller - Craig Pajer . Craig gave a brief report on the work being done at this time, . Requested Kyle Construction to do additional work and explained and showed the areas on the map. . Discussed pricing a project on the Master Plan with running a pipe from a swale into one of the lakes. The numbers in the Master Plan were $30 per lineal foot and the price proposed now is $38 per foot. Would need a change order from Kyle Construction) . Chris Breinling will be helping Craig with the Forest Lakes Master Plan. . Permit applications for outfall - abandon the pump station - almost finished, Bob Jones moved to approve the expenditure of $2,000 for the permit application to South Florida Water Management. Second by Virginia Donovan. Carried unanimously 3-0. . Val addressed several pine trees in Virginia's area along with stump removal. In the original plan they were instructed to work around the pine trees, but now find the community has concerns of the trees dying. Diane Flagg asked if it was interfering with the project, of which Craig stated it was not. There is a tree ordinance under the Land Development Code and the community will need permits for removal of such trees. This is a separate issue and does not involve the MSTU. 2 j{p 7- ;/3,/ 1. Update on Bonding Issue - no report. B. Sidewalks/Pathways Committee Report- Bob Cunningham No report and to be removed from future Agendas, C. Stop SignlForest Lakes Blvd. & Quail Forest- Val Prince No Report D. Stop SignlW oodshire Lane/entrance to Golf Course - Val Prince No Report YD. NEW BUSINESS A. Ordinance Changes - Val Prince (Several handouts were distributed on the Lighting issue and Ordinance changes) (Attached) Lighting issue - John Mueller had provided information on lighting. Val covered a few details. In summary there are two different millage areas - single family lights are being paid through county-wide lighting at a fixed amount and the others paid by the MSTU The MSTU is not paying for the outdoor lights for Woodshire. Val read a letter from E. B. Simmonds. The usage of used poles and prices was discussed. Tessie will set-up a meeting with Bob Tipton and Bob Jones for a decision on the lighting project. Ordinance Change - Jeff Klatzkow-Assistant Attorney - a draft of Ordinance changes were discussed. Diane Flagg mentioned the County Attorney is concerned the Committee is requesting to add such projects as sidewalks, traffic calming, watering facilities, planting and maintenance of median stripes to the Ordinance. The MSTU is concerned of enough funds for the projects on the Master Plan, and yet now asking for an Ordinance change to add more projects. His recommendation is to leave the Ordinance alone and take care of the storm water issues and increase the millage, Then at a later date, amend the Ordinance to include the other projects, The original Ordinance is Road and Storm Water. Bob Jones mentioned the Attorney made some minor changes. He stated they are following the Workshop decision which was to raise the millage 1 point. Then to check their priorities. The extra millage will give them the monies to continue while they are attempting to get the bond. The new Ordinance has that language. He is in favor of accepting this. Bob Jones moved to accept the new Ordinance without all the frills. Without a second, the motion was not considered. Discussion followed, Bob Jones moved to accept the new Ordinance that has been amended and stay focused on the Bond issue and the Master Plan. Virginia stated she was in favor of the drainage being done before the roads and the road project will be just the patching necessary. Bob Jones stated it will also be to increase the millage by 1 point. Diane Flagg stated the Ordinance will be advertised showing a 1 mil increase for a total of 4 mils. It will then go to the Board of County Commissioners for 3 !p.I. 18/ approval. Tessie will revise the Budget to reflect increased ad Valorem based on BCC approval. The motion was seconded and approved unanimously 3-0. Diane Flagg also mentioned they have $177,644 not committed to a project. She asked the Committee to look at the projects on the Master Plan and make a decision to do some of them and commit to using some of those funds, Val discussed a Maintenance Program and costs from Lake Doctors for Woodshire Swales. This will be discussed at their next meeting in two weeks and a vote from the Committee at that time, VID. PUBLIC COMMENTS IX. There being no further business to come before the Committee, the meeting was adjourned at 11:55 AM. The nc.'l'/ meetin}.! will he April 13, I O:()(J , ill Tnlfli{' Opt-rations ('onf('l'(,lIn' Room 2883 Hors('shoe IhiH' South Naplt.s. H, 3.H O-t 4 / tp:/. /6 / FORES1~ LAKES RO,\D\\A Y AND DR,\If\AGF \\I.S.T.' . ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 March 23. 2005 A2enda L CALL MEETING TO ORDER IL ATTENDANCE: ID. APPROVAL OF MINUTES: March 9, 2005 IV. APPROVAL OF AGENDA: V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie Sillery VI. 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J':L /6/ FOREsrr LAKE~ .s23.=~ ~ Hennmg-- ~_ ' Coyle ---/ - Coletta -- L The meeting was called to order by Bob Jones at 10:05 AM. ROAIJ\V\ \\ND DRAINAGE '''S.T.. . RECEIVED APR u 1 2005 ADVISORY COMMITTEE 288S HORSESHOE DRIVE soum NAPLES, FL 34104 Board of County Commissioners MiDll. n. ATfENDANCE: Members: Bob Jones, Vrrginia Donavon, Roger Somerville, Bob Cunningham (Excused), Bill Seabury (Excused) County: Val Prince- Project Manager, Tessie Sillery-MSTU Coordinator, Sharon Newman-Transportation. Others: Craig pajer & Chris Breinling-Wilson Miller, Sue Chapin-Manpower Services m. APPROVAL OF MINUTES: March 9,1005 Roger Somerville moved to approve the minutes or March 9, 1005. Second by Virginia Donavon. Carried unanimously 3-0. IV. APPROVAL OF AGENDA: Roger SomerviUe moved to approve the Agenda. Second by Virginia Donavon. Carried unanimously 3-0. VI. OLD BUSINESS A. Update by Wilson-Miller - Craig Pajer Pot hole information was distributed. (Attached) Chris covered the field measurements and prices on the proposal from Cougar Contracting. Total amount for the 3,550 sq. ft. of asphalt repair for the pot holes is $51,780. This is for existing pot holes, not the old ones that had been done previously. To reconstruct Woodshire Lane is $IM. Craig stated the pot hole work needs to be done and is a safety issue and should be a high priority. He cautioned the committee that the summer months can bring more repairs, so the above figure will need to be more. There is $2,500 in the emergency fund and $15,000 for the Cougar asphalt repairs. .., ., . .... " ..... t "....., '.1 ..... ~ "-"'( . """-' 'i"'.,.'~, '~"'~^';""".i~~w.' t.~~.,:...' ; 1. Project Commitments and Vote' ~~'sc C:'r'~' Craig covered the different projects and expenses needed for a . -. '".J. commitment and vote from the Committee as follows: C,1l.;; Yl~{P/D() 1) {{On Call" Engineering Services = SJO,OOO autlw~ - SJ2,0~~ha,f .' ')' been spent Will need more allocated. .! l, . '. fa (0 Lr .1 ~ \ 1 .' ;'1!W,,'v-':.;"'c.: C : - .,. .': ..... .j. f.- ... :;......,.~ ..' ~,_~ ,- ", _', '" :'.., ~ ...,~ ,i". .. ,........ ~ ':...-:':', ,'.:.:;.... \'.~~ -.'. . "'.: J/o:].. 18-1 1) Permitting for Storm Sewer-removal of pump station & replacement = $1,000. 3) Pot Hole repair = $51,000 4) Kyle Construction - Proposal for 3 items - West side of Golf Course (single-family homes) water standing in pipes = $3,485. 14" pipe crossing the golf course = $16,150 $38 per foot- regarding swalefor hole #8 & 7 = $31-33,000 5) Swale- East side #8-behind Villas-1,550 feet- regraded =58,900 6) South of Lake #5-11,000feet-Villas South = $41,800 v. TRANSPORTATION SERVICES REPORT A. Budget - Tessie SilIery - distributed (attached) The '05/06 Budget draft line items were covered. . Sharon Newman from Transportation Budget Office attended to answer any questions the Committee may have. . The figures covered do not include the additional I Mil. The extra Millage will become active on October 1st. . Each year there needs to be a 5% in reserves. On October I it can be moved to another account but needs to go through the BCC. . County Services item is $21,400. . Revenues projected for '06 is $469,200. Bob Jones asked for the figure for the issuance of the Bond. Craig asked about the property appraisal increase. Sharon responded it is based on the taxable value and will generate more in '06 than in '05. Will probably go up if the millage is increased by the 1 mil. Craig asked if the County will charge the MSTU their time for setting up the Bond issue. Sharon did not know, but did state, if a cost was incurred, it would be passed along to the MSTD. Sharon will check out any other details related to the Bond charges. Bob Jones stated the Bond issue would probably be issued next year and they are increasing the millage now so they can still proceed with their projects and have funds to work with. (Sharon Newman left) (Bill Seabury arrived at 11 :05 AM) Bob Jones moved to accept the '05/06 Budget as presented today. Second Roger Somerville. Carried unanimously 4-0. (Back to Craig's report) 2 1102 Jel The change orders from Quality for $8,000 had already been approved last year. Some of the parts had been deleted and held up by FP&L. Discussion pursued. Ditch Treatment - Funds will need to be allocated this year. The Lake Doctors bid was for 3 different quotes: - 1) Just spray 2) Clean it and 3) Maintenance Program for a total of$1,645. Craig recommends the Committee do the whole thing and allocate the funds until the next fiscal year. Bob Jones was concerned about what is needed and what the Company will do; and wanted to make sure they can cancel the Contract if they are not satisfied with their work. Bob Jones moved to accept the bid by The Lake Doctors for the 3 phases proposed for a total amount of $1,645.00. Second by Virginia Donavon. Carried unanimously 4-0. B. Lighting & Poles - Bob Jones A field meeting will be held on Friday at 10:00 AM with Diane Flagg, Bob Jones, John Miller (Traffic Ops) and FP&L. A handout from Simmons and an email concerning pricing of poles was distributed. (Attached) Approx. $8,000 for the project and roughly $200 /yr charge for the light pole rental. Several questions and concerns were expressed and will be asked on Friday and reported back to the Committee at their next meeting. C. Stop Signs and Stop Bars - Val Prince Val showed a "Manual on Uniform Traffic Control Devices' that tells of different sizes and information on signs if the Committee wishes to read it. Showed area on the map where the sign and stop bars is recommended by Bob Tipton, Traffic Operations. Discussion followed on the various turns and confusion of stopping and yielding. Craig is going to have their transportation engineers look at the area. The comer/intersection of Quail Run Blvd. and Forest Lakes Blvd. would both make a stop. Val mentioned their current Ordinance does not address purchasing any traffic signs or taking care of any traffic control devices and the Committee would need to make an Ordinance change if they wanted traffic issues included. The Ordinance is in the process of being revised for the change in the millage, but no traffic control devices included. Craig stated signage and marking of the roadway is part of the roadway. He suggested Mr. Jones ask Jeff Klatzkow, Assistant County Attorney to add it to the revision so they are authorized to spend those funds. Tessie is ready to advertising the Ordinance, but will wait until the Committee makes a decision through the County Attorney first. Mr. Jones moved to ask the County Attorney, Mr. Klatzkow, if the traffic control devices can be added to the Ordinance with no problems for the future. Second by Virginia Donavon. Carried unanimously 4-0. 3 Ibl -Ie, f If Mr. Klatzkow has no problem with doing the above motion, the Committee will need. to add it to the new Ordinance. Crai, "'as a ~ries of items for t_~ Committee to approve: 1) Increase the $15,000 work order for pot hole repair for Cougar to do the work. He recommends they add $60,000 to the work order for a total of $75,000. Roger SomerviUe moved to add $60,000 to tbe pot bole repair for a total of $75,000. Witbout a second, tbe motion wUl not be considered. The followin2 are the Droiect eXDenses to be voted on: . $ 2,000 Ditcb Maintenance (Autborized) . $ 1,000 Permit for SWFLWM (Autborized) . $ 8,000 Quality Change Order (Authorized) . $ 60,000 Pot bole repair . $ 30,000 On CaU ServiceslWilson-Miller . $ 4,000 Single Family Swale Project . $ 59,000 For nortb swale area After much discussion on the pot holes and which swales to do and the funds available, the Committee decided. to compromise. Borrowing of funds was also discussed.. Roger moved to accept Craig's recommendation to do tbe foUowing: Approve $60,000 for Pot bole repair, $30,000 on caD services for Wilson- Miner, $4,000 on tbe Single Family Swale project, and come back with a compromise at the next meeting between tbe other two swales. Second by BiU Seabury. Carried unanimously 4-0. VB. NEW BUSINESS A. Lake Doeton Bid or W oodshire Swales - discussed. earlier. vm. PUBLIC COMMENTS - None Being no furtber business to come before tbe Committee, the meeting adjoumed at 12:25 PM. 111t' next meetin;.:s !l'il! be April 13th & 27th. I (}:(J(J . Ll1 Tnlffif Opl'nltions COflf{'n'IH>(' Room 2885 Ilors{'shoe Orin,' SOllth '"plt-s. FI .)410-i 4 F()RES1~ LAKES /b7. ISI IH1\D\\A Y :\ND DRAIN \GE f\I.S. Ll . ADVISORY COMMI'ITEE 2885 HORSESHOE DRIVE soum NAPLES, FL 34104 Aori113. 2005 A2enda I. CALL MEETING TO ORDER n. ATTENDANCE: m. APPROVAL OF MINUTES: March 23, 2005 IV. APPROVAL OF AGENDA: V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie Sillery VI. OLD BUSINESS A. Update by Wilson-Miller - Craig Pajer 1. Projects B. Update on meeting concerning Lighting & Poles - Craig c. Ordinance revision - Val Prince 1. Stop Signs and Stop Bars - vat Prince VB. NEW BUSINESS vm. PUBLIC COMMENTS IX. ADJOURNMENT rile next mceti ng will he /1pril 27, /0: (}(J .:1 M Traffif Op('cltiollS COllfen'IH'{' Room 2885 Ilors('sho{' I)l'iH' Soulh "aph's. H 3-41O~ 1 03/15/2.005 15:05 239-543-5873 E B SIMMONDS ELEC / b~ I t!tGE 01 ~ E. B. S"IMMOND5 4406 E;JC;changs Avenue #105 Nllples. Florida 34104-10:24 Elec1rical, Inc. Phone (239)843-2770 Fax (239) 643-6873 STREET LIGHTING . UTILITIES' GENERATORS INDUSTRIAL AND COMMERCIAL. Estimate and Contract TO: Collier County Traffic Operations - A TM Alt.cmative Transportation Modes 2705 South Horseshoe Drive Naples, FL 34104 Phone: (239) 774-8192 Fa~: (239) 213-5899 Attention: Val PrincefCell:253-2353 Matcl116,2005 Quote #Q051 0543 We hereby submit specifications and estimates for: Woodshire Lane @ Forest Lakes Blvd. Furnish and install: 1- 12" X 30' pressure treated pole 1- 8' AluminUm truss arm I - 250 w cobra head HPS fixture Material, labor, equipment 3,125.00 TIDS CONTRACT EXCLUDES ANY & ALL PERMIT, INSPECfION, IMPACT AND UTILITY FEES. ALL AMOUNTS EXPRESSED AND TO BE PAID IN US DOLLARS. PRICE DOES NOT INCLUDE ROCK REMOVAL OR DRILLING WHEN EXCAV ATTNG. We hereby propose to furnish the above complete in accordance with the above spccificatlons for the sum of (Three thousand One hundred twenty five dollars & OO/lOOths} Payment to be made as follows: In full upon completion It i5 the responsibility of the purchaser/owner to provide adequate access to the job site. If during the course of the job it becomes nece5SDr}' to traver~ sidewalks, driveways, grass or sod, tlowcrb<:ds, sprinklers, etc. Every effort will be made to avoid any damllge , Should breaks occur as a direct result of our machinery, repairs mR)' be made at lldditionSlJ cost to the owner. A n material used in this contract is guaranteed to be as speciticd, and thc entire job is to be done in a neat :md substantial mllnner. Any alteration or deviation from the specifications herein llgreed upon involving extra cost of1abor and material will be executed UpQI1 either a writteJJ. or verbal order for same, and will become an extra chargE: over the slim ll1et1tioncd in this con . Purchaser agrees to psy interest charges of 1 1/2% per month which is an annual nlte of 18%. In the event payment is not ma , pUt hascr agrccs to pay all costs and expenses of collection including interest and uttomeys tees. Signed by ACCEPTANCE OF ESTIMATE The foregoing tenns, specifications and conditions are satisfactory, and the same are hereby accepted and agreed To, and hereby authorize you to execute the same. Date Signed by )/:;:Z 18/ t'~~~ I!l2'ATflCER'l'JImD'GI!:N. ~C%'O.R aoc'0820J,'C! . f' CONTRACTING ~PECIALnESo fNC. . 13:J~O ~lel<!;NSACI<E:l<: PKWY. FORT MYeRS. FLORIDA 83913 239-226.(1$135 FAX: 2~25-0SG4 22-Mar-05 To: Chris Brelnllng Wilson Miller 3200 Bailey Lane Naples, FL 34105 RE: Forest Lakes Development Asphalt Repairs Page 1 of 1 Based on field measurements and prices from Proposal dated 12/15/04: Item Description Estimated Units Unit Amount Quantity Price 1 Asphalt 1 nspectiofl 0 LS $ 450.00 $ 2 Mobilization of Crew & Equipment (Estimate) ao HRS $ 114.75 $ 9,18000 3 Asphalt Repair 3550 SF $ 12.00 $42,600.00 Total Amount $51,780.00 Submitted By: COUGAR CONTRACTING SPECIALTIES, INC. Tim J.<:~;f.lLu7 /62 Lg ( J(YLE CONSTRUCTION, INC. 3636 PROSPECT AVE. ,1\1APLES, fL 34104 eJ-v." 643-7059 r~: 643 -4679 PROPOSAL DATE 2/23/2005 NAME/ADDRESS ',\'(LSON MILLER ,',ITN: CRAIG PAGER PROJECT FOREST LAKES ITEM DESCRIPTION QTY UNIT COST TOTAL SUPPLY & INSTALL 60 lfOP 18" RCP W/MlDERS, CUT I LS 3,485.00 3,485.00 INTO EXISTING SUPPL Y & INSTALL 165 If OF 24" RCP W IMlDERS & C I LS 16,250.00 16,250.00 INLET REGRADE SWALE BEHIND VILLAS, CUT-rILL-RESOD PER FOOT. $38.00 PER FOOT, (FLORATAM) PRICE INCLUDES: ALL LABOR, EQUIPMENT, MATERIAL AND SOD REPLACEMENT. PRICE DOES NOT INCLUDE: WATERING OF SOD BECAUSE OF ACCESSIBILITY. - . T atal $19,735.00 -. 1 . d 6l.9vEv91v6 J~I ~OIlJn~lS~OJ 31A~ dSv:21 50 E2 qa.::l , (J)1;c }>.!lll "U ~ ~ ""::J iii' ~ l: 2!~ .....,)( .." 'B ,~ !~ , , 1'-<: i~! I,:;;, Cl !jl 10.1' I::: I~I I~ ! ,~ I i~ ! ien! 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"'s: ! r~f .PJ ." ~ i~ ~ ;~ ~ !~ o ,'" in j]- IB a ~ aiD Ol,.. 1'0 m" Ol )( ~ ~ "0.0 .. e " ~ Co~ ~ ~ Co,.. o Ol <- e ~ ,31 'n I I~ ig f Ii !~ :e i~ !;r--jf ~--~ !<i1 en 8 il is ~ 6: ~ I.... t.:I 0 ttl I " iD Co , :" -." < i~ ! ~~. lfii ~ ~ ~ lit ~ g- 2 '0.. " iD Co 1bJ- I e, I F()RES'I' LAKES RO,\I)\V,\Y ANI) IHL\INAGF \I.s:r.l . ADVISORYCOMMITIEE 2705 HORSESHOE DRIVE soum NAPLES, FL 34104 SummarY of Minutes & Motions March 23, 2005 m. & IV. Minutes & Agenda were approved as submitted. VL Old Business A. Update by Wilson-Miller- Craig Pajer Project commitments with costs were presented. V. Transportation Services Report A. Budget - Sharon Newman covered various items of the upcoming Budget. Bob Jones moved to accept the '05/06 Budget as presented today. Second by Roger Somerville. Carried unanimously 4-0. Bob Jones moved to accept the bid by Tbe Lake Docton for tbe 3 pbases proposed for a total amount of $1,645.00. Second by Virginia Donavon. Carried unanimously 4-0. Bob Jones moved to ask tbe County Attorney, MR. Klatzkow, if tbe traffic control devices can be added to tbe Ordinance with no problems for tbe future. Second by Virginia Donavon. Carried unanimously 4-0. Crai.g IuJs tl series of items for the Committee to IIDDrove. 1) Increase the $15.000 work order for pot hole repair for Cougar to do the work. He recommended they add $60.000 to the work order for a total of $75.000. Roger Somerville moved to add $60,000 to the pot bole repair for a total of $75,000. Witbout a second, the motion will not be considered. Crai.H Have the Droiect exoenses to be voted 011: (See Millutes) Roger Somerville moved to accept Craig's recommendation to do tbe foRowing: Approve $60,000 for Pot hole repair, $30,000 "On Cal" Services for Wilson-Miller, $4,000 on the Single Family Swale project, and come back with a compromise at tbe next meeting between the other two swales. Second by Bill Seabury. Carried unanimously 4-0. 1 Fiala ~'J ~. Halas Henning Coyle Coletta lJaysAOIII 8IIM1l1lea"0II M.s.1 Jt. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 ) /~/8~ RECE\VED APR 0 1 2005 Board of County CommissiOners SUMMARY OF MINUTES & MOnONS March 9, 2005 Minutes of February 9, 2005 were moved, seconded and approved. V. Transportation Services Report: A lengthy discussion pursued with the various accounts and County accounting of Budgets. The possibility of hiring an outside accounting finn was discussed also. IX. Member Comments Sharon King told the committee she resigned from the CRA or ethical reasons and is also tendering her resignation from the Bayshore MSTU Committee. Discussion followed. \.~-~.._:.....,....... '-. ..,1";..... -', _ t. ~::- '7'~ :".'~"""",:" ,,' ;,.'; "":,,,~I,~ ....~;-...-'~;d... :..,....~,,\~. ............, ~",.' -~. ...,'" _..,_~~~,."....____.......~..... .~...,......._..,....<_ ..._--... ~,""n""" _t. ",-......., . , -' ..'~ .. ,r .. , ~......". t' l' . " " ,'. M:sc. CO!n;S: I J \, . O~tc:~~sl D~ '!h";~ If ,.rt-, "\ ~ ~\"'lt.t flV\ ~) UL '1 C-)f;.k.:3 Ta: " :..':" t' i"~'. .,.' ,............ ... . ~,' ....."_~7.".'~..'~,._,t~;:;;..t.~,..., . .-, "..'..,.._.~._...'~.t.,."~.....,,.~ ."......h.'... .'-....._;...... ....0."'....>, ""I;.,;.~~.:: ,..,:~' ".~- :,':_,'.~,: _,tt....1;....--;;... ;..1~ ';'.':'..n. ,:......:"'.~. ':10-" -:.L;'..:..:.~,~..J: ;;-.:',:~""::..-t.': I~:l /82.. lJaysAOItI ~tllI""lo,. M.s.7.1e. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 March 9, 2005 Minutes I. Meeting was called to order by Bill Neal, Chainnan, at 4:02 PM. II. ATTENDANCE: Members: Bill Neal, Sharon King, Maurice Gutierrez. Victor Brittan, Tom Finn County: Darryl Richard-Project Mgr., Liz Deleon-MSTU Coordinator, Others: Robert Kindelan-ClM, Sue Chapin-Manpower Services III. APPROVAL OF AGENDA- No changes IV. APPROVAL OF MINUTES: February 9,2005 Tom Finn approved the minutes of February 9, 2005. Second by Maurice Gutierrez. Carried unanimously 5-0. V. TRANSPORTATION SERVICES REPORT: A. Budget - Liz DeLeon The Budget sheets were distributed with the various line items explained. (Attached) After much discussion, it was decided the Budget needs to be amended to roll over the monies left from the Bridge project into Reserves for future projects. Darryl reported he needs copies of the surveys if and when they are completed by their in-house surveyor. The Committee wants to proceed as quickly as possible. Incidental items with ClM were questioned and discussed by Robert. The $837.00 item was researched and needs to be charged to the Fire Station and not the MSTU. The Committee wants to make sure this particular $837 incidental is charged to the Fire Station and someone tracking it. Liz will make a "commentft column for each expense for better understanding by the Committee. Hiring an outside Accounting finn was discussed. A copy of next year's budget draft was distributed. The Committee may consider lowering the Ad Valorem tax at some time in the future. Liz read parts of the Ordinance as to what projects they are eligible to do. VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance . Nonnal maintenance 1 /fe,Z IB1.. . Fertilizing has been done. . Irrigation was discussed concerning it being tom up and a possible future problem with the sleeves. . The plant material taken from the fire station area will be installed in various places. . Banners were repaired. . Heads have been repaired from various accidents. . Will do walk through with County that all is in working condition with irrigation before new Landscaper begins. VII. OLD BUSINESS: A. Mr. Ingram's Survey Results (Letter from Staff) Past details were given Darryl for a better understanding of the situation before he writes the letter to Mr. Ingram. Property owners are cutting hedges in the County right-of-way lower than the Committee's wishes and need to be trimmed for confonnity B. Future Projects 1. FP&L Update - Site plan has been sent to them - will be 3 weeks for pricing (letter enclosed). 2. CAT Shelters Update - Cost is $12,000 with a 5% increase per unit. 3. Effluent Water - Bob Casey - Could not attend meeting. Wants to hold off until they know what direction the County is taking with Effluent Master Plan. Past details were given Darryl for a better understanding. Darryl will e-mail Bob Casey and report at the next meeting. C. Update on Name Change - Bill Neal reported he had an em ail from the Planning Dept. and wrote an email to Commissioner Coyle. The MSTU has done what they were asked to do. Changing the Ordinance will now be left up to the Commissioner. D. Replacing Clamps on Poles - Need to address the clamps with a light pole vendor. E. Update of Maintenance Contract - Contract has been approved by the BCC and should have the Notice to Proceed next week. Darryl will give a field report at the next meeting. Added: Mini-Max Sidewalk Cracks - Discussed previously be addressed with Road and Bridge. Added: Entrance to Sudgden Park - McCabe and CRA need to respond with renderings and designs and send to Parks & Recreation. Darryl will contact the Fire Chief and coordinate the designs. and needs to VIII. NEW BUSINESS: Crosswalks were suggested because of all the pedestrians and bicycles in the Eureka, Gulf Shore Marina and South of Voigts area. Darryl will check on traffic calming on Bayshore. IX. MEMBER COMMENTS: Bill Neal mentioned the Committee needs to watch all the processes they are involved in with the County to keep everyone on their toes. Sharon told the Committee she resigned from the CRA for ethical reasons and is also tendering her resignation from the Bayshore MSTU Committee. Discussion followed. 2 /fo2 IBL X. PUBLIC COMMENTS: None XI. Being no further business to come before the Committee, it was adjourned at 5:37 PM. The next meeting is Wednesday, April 13, 2005, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 3 /foJ. /Bl lJaysAOIII s.-tlIIUJlloII M.s.1 Jt. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 April 13, 2005 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: March 9, 2005 V. TRANSPORTATION SERVICES REPORT: A. Budget - Liz DeLeon VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance VII. OLD BUSINESS: A. Mr. Ingram's Survey Results (Letter from Staff) B. Future Projects 1. FP&L Update 2. CAT Shelters Update 3. Effluent Water - Bob Casey C. Replacing Clamps on Poles D. Turnover of Landscapers - Field report - Danyl Richard VIII. NEW BUSINESS: IX. MEMBER COMMENTS: X. PUBLIC COMMENTS: XI. ADJOURNMENT The next meeting is Wednesday, May 11, 2005, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 I~:L / ~2.. COLLIER COUNTY TRAFFIC OPERATIONS AND ALTERNATIVE TRANSPORTATION MODES DEPARTMENT Tram~ Opemtions and Alternative Transportation Modes Department Metropolitan Planning Organization Municipal Services Taxing Units TransitlTransportation Disadvantaged Pathways 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34 I 04 (239) 774-8192 FAX: (239) 213-5899 March 2, 2005 Mr. Gene Hartley FP&L 4105 15th Ave. SW Naples, Florida 34116 Ref: Bayshore MSTU Request for Pricing - Power Line Burial Dear Mr. Hartley, Gene, we are working with the Bayshore MSTU in order to obtain pricing for the Burial of the Power Lines within the MSTU Boundary. Please see the attached map for the MSTU Boundary as indicated by the Jl8" Blue Boundary Line. The MSTU would like to consider 2 options. I) All Power lines for all roadways contained within the MSTU boundary, minus Becca Ave. & Weeks Ave. 2) All Power lines for major arterial roadways, minus the minor 'finger' roads. You mentioned that for preliminary cost estimation purposes that $130.00 per liner foot would suffice for initial cost estimation purpose. Please provide some breakdown of the cost per roadway section, so that for budget purposes the MSTU could add or delete some sections. Also, as per our discussion you mentioned that each homeowner (or MSTU) would be responsible for digging the 26" trench required for the installation of the under-ground power lines. And that each homeowner (or MSTU) would be required to obtain the services of a Licensed Electrician for the purposes of installation of a meter box and if required upgrade of existing electrical components of each residence to meet current code requirements. Your initial preliminary cost estimate for this type of installation is $1,500 per home. Please call me with any questions regarding the cost estimate at my number 239-659-5775. S2l::Y ~a~'Uard, Project Manager, Traffic Operations and Alternate Transportation Modes Cc: Liz Deleon, MSTU Liaison, A TM Pam Lulich, Project Manager, A TM VISION: TO PROVIDE "WORLD CLASS" TRANSIT AND PATHWAYS IN AN EFFICIENT AND EFFECTIVE MANNER THROUGH COMMUNICATION AND COOPERATION WITH CITY AND COUNTY ELECTED OFFICIALS /b::t- IBZ Subj: Fwd: Bay.bore name change Date: 319120052:19:02 P.M. Eastern Standard Time From: eNe!3112~:32 To: Er13Qi;_9y1e_@GoJ1iergQv,net, JAL6J,3RIPPE:, Donna Fi<.3la @cQIILergoy,net, james~white@m~n,com, J<.3ngt:3~7, eiltrLcI<V\'-hit13~olliergov. net CC: jQYQeem~t@_GollieJgov. net Fred, please refer to e-mail attad1edfromJoyceErnstfromtheoountyplanningdept.This issue is beyond my scope of expertise as to how it should be handled. , win share my background on the subject and ask Ulat you determine how to proceed. 1. VVhen the MSTU was formed there were several town meetings held to address landscaping improvement and zoning overlays. One particular recommendation was made to change the name of Bayshore but to wait until good progress was made on the beautification program. 2. After this was accomplished Ule county transportation dept initiated the process to change the name. This process took the dept several months to complete and following the ordinance guidelines a majority of the property owners on Bayshore voted to change the name to Botanical Garden Parkway. The county planning dept. took issue with the transportation dept. oonducting this sufVey and not consulting with them. SO the process was started aU over again causing considerable confusion with those who had a1ready voted. All this fumbling took nearly two years to complete. 3. Finally the transportation dept. determined that it was appropriate to bring to the BCC. But is was further delayed while the application was passed on to three different county planners to handle.Once again after more months of delay it was scheduled to bring to the BCC. 4. But now that it is ready to be presented certain individuats challenged the process. As a courtesy it was delayed so these folks could see that all was handled according to the rules. After doing this [more delay) Joyce Ernst has introduced a different and new interpretation which seems to bypass the ordinance. It would appear she is expressing her "feelings" wittlout taking into consideratiOn the view of those who voted for the change. and the due process followed. Perhaps some have changed their minds but on the other hand some who did not vote for the change if polled may want to reverse their vote. The streets in Moorhead Manor were excluded as were the streets in VVindstar. This was done I was told under the rules of the ordinance by the planning dept at that time. I do not want to intefject myself into this issue whatsoever exoept to say that the MSTU was following the recommendations made by the property owners of this area. Someone should be able to explain to your constituency why an exception has been applied to this procedure. let me know if I can be of assistance. Bill Forwarded Message: Subj: RE: Bayshore name change Date: 3/8/20055:32:53 P.M. Eastern Standard Time From: JOY~13ErnsJ@C91IiergQy.net To: Bf\J~~t~112~~2@;:lQJ.~Qm Sent from the Internet (Oe!<,i@) Bill, Since the survey was conducted many property owners who signed the petition have moved. In addition, I have been told that some of the persons who originally signed the petition in favor of changing the name of this street have since changed their minds. Therefore, we feet that a new petition is required. I noticed that the last petition was not sent to the individuals residing in Moorhead Manor. I would like them included as we have included them in our list of property owners. I realize that this will prolong the petition going to the Board however, in view of the nature of this petition, I feel this is warranted. --<>riginal Message From: BNeat12932@ao1.com [maHto:BNeall2932@ao1.com] Sent: Monday, March 07, 20053:20 PM To: emsU SUbject: Bayshore name change Wednesday, March 09, 2005 America Online: BNeal12932 It) o o N aim ~M ~o ::J ::: t:52 ~o oc:N ~.2 m iiiD -guE ::J ~ .S! u.. :s a. l\l Gl GlCJ) aJ,g l!!'<t 00 .c 0 IJlN >-... &l1l o ti o It: ~~fZg ~...:fa~ U::Ez;g Il(c(~2 o -I woo e(cug ::::tZZN ...::>:S... ~"':i~ ;no W) ...IWU)o c(CCO ::::)zz~ ....w:ll.... g~u..g ~w N 88 00 m~ ~ii 11l <<i ~;:S '" "'...... ~lI:: C';: .... ~f"' ~ '" '" o ~ ..... g8 00 t- :I~ ~I~ I; i ~f: g~~.~.~i ~ ~ ~ ~!!!! 0 ~!;i ~ N~ IM~..... ". " o -=tg g il1(1):gmgs;i w 0 -<5 !I~':' ON ::>::>;g: ~ u""'o,'- z N W '" ~~ ~~ g_o~ o~..... NN co U) CD ,.... ~~, ~...8 ~>':~ ~ o 00' <0 ... C'I".... 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'" " OJ I '/ AGENDA If&,~ I!.> ~ RECEIVED MAR 3 0 2005 r\a\a Ha\as Henning Coy\e - Co\etta - Board of County CommiSSioners COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 7,2005, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that a member of the Collier County Planning Commission (Bob Murray) is also a member of the Community Character/Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character/Smart Growth Advisory Committee from time to time. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA ..,.-.., \__!,,,,~,~. -\"".,v, ')(....'":.."':"'l"'\"""":u..' .''''',1'",,'''''''':; -f'. "I, ,!~"'''''';'l:':'~'!<,,''..'''''''~,''i''''' 4. PLANNING COMMISSION ABSENCES ft'-"':';"""";"-'" \: ~ Misc. Cc.rres: ~. 5. APPROVAL OF MINUTES - FEBRUARY 17, 2004, REGULAR MEET:qNG 6. BCC REPORT- RECAPS -MARCH 8, 2004, REGULAR MEETING 0;:.::: ~~ it, ,.',\ loll-\ t D3 1 I I \ I I 1 I 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS ; . ! t J . . ~ .., ~... ;,,~,.":'''''\l':\;~ " ~,. , _.' .~.' .........,.....,.,'.......... ._r.-... ""'-. ,_............ .......' '.\'. __"..-.J,',,, ;",..;..J.., 4,,""1 _ '..;:~.,",... -;t I;' '... j,~l' ..'} \L.....;i....I.V;. ,: ;:.:~,,:r.:;l,.,:,.."-:k~*-....- C'.' " , ~ . ".. .",.':; j'..). ". "'. A. Petition: V A-2004-AR-7005, Waldemar Bokrand of Golden Gate Import Export, Inc., represented by Vincent Antrilli, Jr. of Consul-Tech Development Services, Inc., is requesting a variance to reduce the landscape buffer requirement between uses in a PUD from 10 ft to 1 ft for a distance of 101 LF total along the south property line. The subject property is located in the Don Carlos Subdivision of Kings Lake PUD, Section 7, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Heidi Williams) CONTINUED TO 4/21/05 1 Ib~ Lf3 3 B. Petition: V A-2005-AR-6983, Daniel Barthel, as owner and agent, is requesting a variance to reduce the front setback from 25 feet to 3.3 feet and the side setback from 5 feet to 1.2 feet to accommodate a shade trellis over a parking area. The subject property is located at 507 Goodland Drive East, Goodland Isles, Lot 2, Block A, in Section 18, Township 52 South, Range 27 East, Goodland, Florida. (Coordinator: Heidi Williams) C. Petition: CU-2004-AR-6090, Collier County Public Utilities Engineering Department represented by Brian Nelson, ASLA, of Agnoli, Barber and Brundage, Inc., requesting a conditional use pursuant to Section 2.01.13.G.1 of the Land Development Code for "Essential Services", more particularly identified as a master pump station in the "E" Estates Zoning district. The property is located south of Immokalee Road, less than Yz mile west of Wilson Boulevard on Tract 84, Unit 20, Golden Gate Estates, in Section 28, Township 48 South, Range 27 East, consisting of 1.65 acres. (Coordinator: Mike DeRuntz) CONTINUED FROM 3/17/05 D. Petition: PODZ-A-2003-AR-3585, Wilson Boulevard Center LLC, represented by William L. Hoover, of Hoover Planning & Development, Inc., requesting a rezone from a "POD" Planned Unit Development zoning district to a "POD" Planned Unit Development district known as the Wilson Boulevard Center pun. The rezoning would have the effect of amending the PUD Ordinance. A proposed change would allow the water management area to be located within a portion of the 75-foot wide buffers along the eastern and southern boundaries of the pun. The property to be considered for this rezone is located on the southeast corner of Golden Gate Boulevard and Wilson Boulevard within a Neighborhood Center of Golden Gate Estates, in Section 10, Township 49 South, Range 27 East, Collier County, Florida. This property consists of 7.15:f: acres. (Coordinator: Mike DeRuntz) E. Petition: PUDZ-2004-AR-6258, Elias Brothers Communities at Palermo Cove, Inc., represented by Dwight Nadeau, of RW A, Inc. and Chuck Basinait, of Henderson, Franklin, Starnes & Holt, P.A., requesting a rezone from the Rural Agriculture (A) zoning district to the Planned Unit Development (PUD) zoning district to be known as Palermo Cove pun, consisting of 131 acres and a maximum of 524 residential dwelling units. The property is located north of Wolfe Road, west of Collier Boulevard (C.R. 951), in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Mike DeRuntz) F. Petition: PUDZ-2003-AR-3608, Orangetree Associates represented by Jeff Davidson, E.!., of Davidson Engineering, Inc., requesting a rezone from a "PUD" zoning district to a "pun" Planned Unit Development district known as the Orangetree pun. The petitioner wants to amend the PUD document and Master Plan to reflect an increase in the number of residential dwelling units from 2,100 to 3,750 units. In addition, the petitioner is requesting to add multi-family condominiums and rental apartments as principal uses, and adding fitness centers as a permitted use in the residential districts. Other changes include amending the Commercial/Neighborhood District to add all C-l and C-3 permitted uses as provided in the Collier County Land Development Code and to increase the commercial floor area from 60,000 square feet to 319,000 square feet. The property to be considered for this rezone is located on the east side of Immokalee Road (CR-846), north side of Randall Boulevard and approximately a 'i4 mile east of Wilson Boulevard in Sections 13, 14, 23 & 24, Township 48 South, Range 27 East, Collier County Florida. This property consists of2752.8:f: acres. (Coordinator: Ray Bellows) CONTINUED TO 5/19/05 G. Petition: PUDZ-2004-AR-6383, William Hoover, AICP of Hoover Planning & Development, Inc., as applicant and agent for Catalina Plaza, LLC in requesting a rezone from the "AG" Rural Agricultural zoning district to the "PUD" Planned Unit Development to be known as Carolina Village located on the north side of Vanderbilt Beach Road about 1/4 mile west of Collier Boulevard. Carolina Village PUD will consist of 150,000 square feet of commercial uses and up to 64 residential units. The property is located in Section 34, Township 48 South, Range 26 East in Collier County, Florida and consists of 15.88 acres :t. (Coordinator: Robin Meyer) 9. OLD BUSINESS 10. NEW BUSINESS: A presentation and discussion by Public Utilities Department staff 2 /b:/- 183 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN April 7, 2005, cepe AgendalRB/sp 3 j' ~:::s. ~ Hennmg Z Coyle -~ Coletta -- - J 110 2- I 8 3 February 17,2005 ~ TRANSCRIPT OF THE COLLIER = COUNTY PLANNING COMMISSION - Naples, Florida, February 17, 2005 RECEIVED MAR 3 0 2005 Board of County Commission_ LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F' of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell Budd (Absent) VICE-CHAIRMAN: Mark Strain Kenneth Abernathy Robert Murray Brad Schiffer (Absent) Paul Midney Lindy Adelstein (Absent) Robert Vigliotti Donna Reed Caron ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Mike Bosi, Zoning & Land Dev. Review Joseph Schmitt, Community Dev. & Env. Services Marjorie Student, Assistant County Attorney Page 1 i"'"'.''''' t I ~ ! f ~. C "'. (};L;~~ 113: ~. ",.....,...,.,,,"'..."a.$..1i".:,\..~ ~~..::':'..":~'~~:::"._, ..~__ ~_~, .....-."....:.:~,.-~~,~:.::~,_l"'_~c...' ,.~\:~:~.~.~.~."':'~- 4-... ',. ......~......'"', ......tOi',a;.;l..:,l;.\i..;~,'I.i..-' rJ-.s.j\u.n:; v.+t'i '1' ;r.,:,,~''''),l...'i X~,..,,~""3I.~ ""1~~:.""j'{1~"\."'I~.c.f"'I"""":"""Ir~"~~'!'~'~~'--i.'J:~':~ ".. ..._. _''''''1~_''~_'~''_H_'_H_'_''~::::.:'-::~'~::.:_~., ~ ~~~.""-:M~ M:$c. Corres: ! I ~.I I 02te: . dID S 1 , \ I I ~ lt~niff J Ie l~ ') 1 &3 I ~::J.. I ~ '3 February 17, 2005 ACTING CHAIRMAN STRAIN: Ifwe'll all stand for the pledge of allegiance. (Pledge of Allegiance was recited in unison.) ACTING CHAIRMAN STRAIN: Thank you. We'll proceed with roll call. Commissioner Caron? COMMISSIONER CARON: Here. ACTING CHAIRMAN STRAIN: Commissioner Vigliotti? COMMISSIONER VIGLIOTTI: Here. ACTING CHAIRMAN STRAIN: Commissioner Abernathy? COMMISSIONER ABERNATHY: Here. ACTING CHAIRMAN STRAIN: Commissioner Strain is here. Let the record show that Commissioner Budd is absent. Commissioner Lindy is absent, Commissioner Midney is absent, Commissioner Schiffer is absent. Commissioner Murray? COMMISSIONER MURRAY: Here. ACTING CHAIRMAN STRAIN: Okay. Well, we barely have a quorum. With that, we'll proceed with the addenda to the agenda. Ray, from what I understand is Petition CU-2004-AR-6300, which is the Bethel Assembly of God Church, has been continued. Petition CU-2004-AR-665 (sic), which is Eco Venture Wiggins Pass, more commonly known as Coconilla, has been continued. Petition PUDZ-2004-AR-5967, Eco Venture Wiggins Pass, again, which is commonly known as Coconilla, has been continued. Anybody in the room that is waiting for either one of those petitions, they will not be heard today. And let the record show that Commissioner Midney just arrived. Ray, is there any other? MR. BELLOWS: No, sir. ACTING CHAIRMAN STRAIN: Okay, with that -- MS. STUDENT: And Mr. Vice Chair, acting as Chair, we usually do -- when we have continued items, we usually make a motion to accept the amended agenda. And let the record reflect, too, that Mr. Midney just -- ACTING CHAIRMAN STRAIN: I did that. At the recommendation of the assistant county attorney, is there a recommendation? COMMISSIONER ABERNATHY: So moved. ACTING CHAIRMAN STRAIN: So moved. Seconded? COMMISSIONER MIDNEY: Second. COMMISSIONER VIGLIOTTI: I'll second it. ACTING CHAIRMAN STRAIN: Moved and seconded. All those in favor? COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. ACTING CHAIRMAN STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. ACTING CHAIRMAN STRAIN: Anybodyopposed? (No response.) Page 2 Ib3- /81 February 17,2005 ACTING CHAIRMAN STRAIN: Planning commission absences. Mr. Murray? COMMISSIONER MURRAY: Yes, sir, I will miss March 17 and April 21. ACTING CHAIRMAN STRAIN: Okay. Anyone else? (No response.) ACTING CHAIRMAN STRAIN: Any special meetings, Joe, coming up for the workshops in regards to the traffic one that we're trying to set up that we may want to need know about ahead oftime, or has that been set? MR. SCHMITT: We -- let me look at my calendar here a minute. I know I have the date, I just can't recall what it is right now. March-- MS. STUDENT: Was it the 23rd? COMMISSIONER ABERNATHY: 14th. MR. SCHMITT: That was March 14th, 9:00 p.m -- 9:00 a.m., excuse me. And that will be out at Horseshoe Drive in the conference room 610. ACTING CHAIRMAN STRAIN: Okay, is everybody-- COMMISSIONER VIGLIOTTI: 9/14,9:00 a.m. ACTING CHAIRMAN STRAIN: Basically be the issues to discuss concurrency, the 10 versus 12. So you can -- that's the 10 versus 12-month compilation for determining level of service, based on the AUIR. Just to refresh your memory, you do owe some kind of a note or report back to the Board of County Commissioners. But at that time, we'll also discuss some other subjects as well related to concurrency. ACTING CHAIRMAN STRAIN: Okay. Which brings up a point. At the end of the agenda, I'd like to discuss the lack of information I've received in regards to the AUIR questions. So-- MR. SCHMITT: I have the final report that I have. I have not reviewed it yet. I promised you would get it before today's meeting. I can give you a kit bag of excuses, but I didn't read it last night. I was doing e-mail till about 11:00, and I never got to finalize that. But it will be -- it will come out final. We will get something to you -- hope it's not a course of action in this case, but I hope by the next meeting. ACTING CHAIRMAN STRAIN: Thank you. Approval of minutes, January 6th, 2005. Anybody have any comments? Ifnot, I need a motion to approve. COMMISSIONER ABERNATHY: Motion to approve. ACTING CHAIRMAN STRAIN: Is there a second? COMMISSIONER VIGLIOTTI: Second. ACTING CHAIRMAN STRAIN: All in favor? COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. ACTING CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) ACTING CHAIRMAN STRAIN: Ray, BCC recaps? MR. BELLOWS: Yes. During the last board meeting, they heard and approved the rezone RZ04-AR-6209, which is the County Barn facility. That was approved on the summary agenda. ACTING CHAIRMAN STRAIN: Okay. That's all? COMMISSIONER ABERNATHY: Fidelity-- Page 3 JIo2 /83 February 17, 2005 ACTING CHAIRMAN STRAIN: Yeah, Fidelity Investments got their sign, Commissioner Abernathy's noting. That wasn't -- that came up a while back. MR. BELLOWS: Yes. COMMISSIONER ABERNATHY: Yeah. MR. SCHMITT: And just so the board knows, the issue regarding the Emergency Operations Center has been withdrawn from the Board of County Commissioner agenda, upcoming. I expect that that item will be coming back to you for another review. There's been significant changes made. Based on those changes and based on staff recommendation, I think it's in the best interest of the public for the county staff to go out and meet with the public again, present the options, make some -- and discuss and then bring that back for your review again prior to going to the Board of County Commissioners. COMMISSIONER ABERNATHY: Well, while we're on that subject, I'd just like to state for the record that I took certain exception to Mr. -- is it Summers -- remarks in the paper the other day. I thought they were very patronizing and condescending when he said we didn't understand the problem with the center. I think he was the one who didn't understand. So I'll just leave it at that. ACTING CHAIRMAN STRAIN: Very well said. MR. SCHMITT: Very well said. ACTING CHAIRMAN STRAIN: Okay, under chairman's report, one comment I'd like to make. I'd like to thank all my fellow planning commission members for the honor they bestowed on me at the meeting last week. It was very nice. I received the award in front of the county commission. County Manager Mudd -- (Applause.) ACTING CHAIRMAN STRAIN: -- did a nice -- thank you. Thank you all. It was a very nice event, and I certainly appreciate it, so thank you. Now we'll go into advertised public hearings. The first down on the advertised public hearings is Petition BD-2004-AR-6799, and it's the 30-foot dock extension for Don Manley. Will those wishing to speak in this matter please rise to be sworn in. Raise your right hand. (Speakers were duly sworn.) MR. HA WKlNS: Good morning. For the record, Michael Hawkins of Turrell and Associates, representing the petitioner, Mr. and Mrs. Don Manley. This morning the petitioner is requesting approval for a 30-foot extension from the allowed 20 for an overall protrusion of556 feet. The site presently facilitates the mooring of one 25-foot boat. The proposed dock design modifies the existing dock to facilitate the mooring of that 25-foot vessel and a 35-foot vessel. The protrusion is necessary, due to the limited shoreline, the water depth and the existing shoreline vegetation. As you can see from the aerial, it is congruent with some of the other docks in the area and their protrusions. It will not affect the navigation of the adjacent neighbors. And I've spoken to the adjacent neighbors, and I have no objections there. Does the board have any questions? ACTING CHAIRMAN STRAIN: Any questions from planning commission? (No response.) ACTING CHAIRMAN STRAIN: Before we go too far, too, I forgot to ask, any disclosures? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, okay. No questions. Staff have a report? Page 4 /bX- I B~ February 17,2005 MS. ERNST: For the record, I'm Joyce Ernst, from Zoning and Plan Review. There's many other petitions very similar to this that have been approved or granted for boat dock extensions in Southport. I've received no objections for this petition. And they comply with five ofthe five primary criteria, and five of the six secondary criteria. Therefore, staff recommends approval. And does anybody have any questions for me? (No response.) ACTING CHAIRMAN STRAIN: Can't get much easier than this. MS. ERNST: I'm not complaining. ACTING CHAIRMAN STRAIN: I don't blame you, I wouldn't either. Not from times of the past. Okay, thank you, Joyce. MS. ERNST: You're welcome. ACTING CHAIRMAN STRAIN: Are there any registered public speakers, Ray? MR. BELLOWS: Not on this item. ACTING CHAIRMAN STRAIN: Okay. With that, we'll close the public hearing. Is there a motion? COMMISSIONER ABERNATHY: I'll make a motion to approve Petition BD-2004-AR-6799. ACTING CHAIRMAN STRAIN: Is there a second? COMMISSIONER VIGLIOTTI: I'll second. ACTING CHAIRMAN STRAIN: Second by Commissioner Vigliotti. Any discussion? MR. WHITE: Just for the record, Assistant County Attorney. I'm assuming, Commissioners, that that is subject to the conditions that were recommended by staff and agreed by the applicant? COMMISSIONER ABERNATHY: Of course. MR. WHITE: Thank you. ACTING CHAIRMAN STRAIN: And it's been confirmed by the motion. Okay, any further discussion? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, I call for a motion. All those in favor? COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. ACTING CHAIRMAN STRAIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. ACTING CHAIRMAN STRAIN: Anybody opposed? (No response.) ACTING CHAIRMAN STRAIN: Okay, motion passes 6-0. Next item on the agenda is Petition BD-2004-AR-6827, Mr. John McNicholas, another dock extension. All those wishing to have testimony in this matter, please rise, raise your right hand to be sworn in. (All speakers were du1y sworn.) ACTING CHAIRMAN STRAIN: Richard? MR. YOV ANOVICH: Good morning. ACTING CHAIRMAN STRAIN: Good morning. MR. YOV ANOVICH: For the record, Rich Y ovanovich, representing the petitioner. Page 5 lto~ /63 February 17, 2005 Also with me here is the petitioner, John McNicholas and Michael Hawkins, formerly with Turrell and Associates, representing the petitioner as well. This petition may look familiar to you. You -- about a year or so ago, there was a boat dock petition for an extension of 21 and a half feet. Before we could request a continuance, there was a vote taken and the petition was denied. Since that time, the petitioner has gone out and met with the people who came and spoke against the petition the last time, explained to them what exactly he wanted to do, and we obtained some additional information that the planning commission should consider. I will start with having Ray assist me on putting this up. And I'm not going to represent any directions as to where any of this is, because 1'11-- if you will recall, the last time the property is located at 160 Tahiti Street. And this is the property in question. We have, for the record, letters of no objection from our two neighbors adjacent to our property. This request is for an extension of 19 feet. And with that, they'll still be -- with that requested extension, you will see -- and I hope you can read on your monitors -- the distances. The most constricted point is 390 feet, until you get across the waterway. There is a distance of286 feet to a channel marker that is shown on your monitor, and we're 392 feet from the nearest dock across the waterway. At the last meeting there were some questions about navigability and depth of water. And as you can see, we have gone out and had the entire area surveyed. And I'm sure you have this information in your packet. There is a distance of84 feet from the requested extension to the four-foot mean low water line contour. So there is ample distance between our boat dock extension and what people were claiming was shallow water. And we have some captains here who operate some vessels that are 21 feet in width, if you'd like to hear from them. They pass by each other all the time in this area. And if you'll note, if! can go back two exhibits, the captains who needed -- who are coming out of the fishery over here actually go through an area that's 84 feet in width already. There is not that much water in width, but it's already 84 feet in width there, so they have no trouble navigating in an area that's 84 feet in width. ACTING CHAIRMAN STRAIN: Rich, what's the boat speed in that area? MR. YOV ANOVICH: The whole place is idle speed. ACTING CHAIRMAN STRAIN: Thank you. MR. YOV ANOVICH: There's an existing dock on the property already. If they moor a boat on the outside of the dock, it swings out approximately 28 to 34 feet already. They've done that in the past and have not had any problems with people maneuvering around. So we're just asking for, you know, a few additional feet to put a dock there so we can have two vessels. I don't believe there's anybody here to speak against the petition. I believe there are people here to speak in favor of the petition, if you want to hear from them. I do believe you have a couple ofletters of objection. I believe they're located over here on this finger of property right there. So they're not really adjacent to us. They were claiming there was some navigability issues, but I believe the documentation that we provided refutes that argument, because there's ample water death for vessels, and width for vessels to maneuver. If you need additional testimony, we can have Mr. McNicholas and the boat captain speak. I do want to enter into the record, and I think you already have the letter from Leslie Sebring, the immediate neighbor, saying that they don't have a problem. Also, from -- enter into the record the letter from the -- is it Welders? Weldings, the other neighbor, that they don't have any objection. I also have a letter from Sam Wilson. I don't know if you were able to get this letter or not. He is Page 6 /6 :x. /~3 February 17,2005 with Toe Boat, U.S. He's a captain who also says he has no problems. Do you have that one, Mr. Strain, already? ACTING CHAIRMAN STRAIN: That was passed out to us this morning; all four of them were. MR. YOV ANOVICH: Okay, good. So -- Arty saying that he has no issues with the navigation in that area. And finally, a signed and sealed letter from Todd Turrell regarding the possibility of really bringing this thing in and building it over the rip-rap. He's got concerns with the seawall and the integrity ofthe seawall, if we actually brought the docks in, up adjacent to the seawall. So with that, unless you have further questions of me, Mr. Hawkins or Mr. McNicholas and the other captains, we would request that you approve the boat dock petition, with the stipulations that staffhas recommended. ACTING CHAIRMAN STRAIN: Are there any questions from the panel? I have one question, Richard. The way the traffic flows here, and your aerial that you've got on the screen now has made me realize it. The traffic comes down and looks like -- I know you're not good with direction. Goes to the south and comes around and close to the marker and back in. People are not apparently swinging around by this dock; is that a true statement? And the channel doesn't seem to be focused near the dock, it seems to be out to the right of the dock at this point, near the channel marker. MR. YOV ANOVICH: I'm going to let Mr. McNicholas answer that question. But I believe -- go ahead, John. MR. McNICHOLAS: Morning. ACTING CHAIRMAN STRAIN: Could you state your name for the record, please. MR. McNICHOLAS: Yes. My name is John McNicholas. ACTING CHAIRMAN STRAIN: Thank you. MR. McNICHOLAS: The general boat traffic flows -- if! may -- moves in along this way and then swings across here. The channel markers that are out here, although they were placed there, are not particularly useful for large vessels, so they come down across and they swing across through there, through that way. ACTING CHAIRMAN STRAIN: Okay. So a need for traffic to flow up close against this dock isn't critical, because they're not hugging the comer to get a direction that would -- they're going actually away from the comer. MR. YOV ANOVICH: Correct. And there's ample water depth, based upon the exhibit. And that exhibit wasn't present at the last meeting to show that there's ample water depth for the maneuverability of vessels. ACTING CHAIRMAN STRAIN: Thank you. That's all the questions I have. Are there others? (No response.) ACTING CHAIRMAN STRAIN: Staff? Ross, they got you back into docks for a while, huh? MR. GOCHENAUR: Yes, sir, momentarily. Joyce is doing such a great job, I don't feel like I have to show up much anymore. For the record, Ross Gochenaur, Zoning and Land Development Review. As you know, we're recommending approval of this petition. It does meet all of our criteria. I don't think: there's very much that I could add to what the petitioner's agent has told you, but I'd be happy to try to answer any questions you have about the staff report or the code. ACTING CHAIRMAN STRAIN: Any questions from the commission? (No response.) Page 7 11oI. 183 February 17,2005 ACTING CHAIRMAN STRAIN: Hearing none, thank you, Ross. MR. GOCHENAUR: You're welcome. ACTING CHAIRMAN STRAIN: Nice and simple again. Ray, are there any public speakers? MR. BELLOWS: We have two registered speakers: Alexander Mann and Charles Baughtman (phonetic ). MR. YOV ANOVICH: Those were -- those were the two captains I mentioned are available to answer any questions, if you had concerns about navigability. Otherwise, they'll-- they don't need to speak. ACTING CHAIRMAN STRAIN: You answered my only question. I don't know if the others have any. (No response.) ACTING CHAIRMAN STRAIN: Okay, with that, we'll close the public hearing. Is there a motion? COMMISSIONER ABERNATHY: I'll move to approve BD-2004-AR-6827, subject to staff conditions. COMMISSIONER MIDNEY: Second. ACTING CHAIRMAN STRAIN: Motion is made and seconded. Any discussion? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, we'll call for the motion. All those in favor? COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. ACTING CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, that motion passed 6-0. COMMISSIONER ABERNATHY: I think we were awfully easy on Yovanovich, but-- ACTING CHAIRMAN STRAIN: Don't get used to that, Rich. MR. YOV ANOVICH: I'm leaving now. ACTING CHAIRMAN STRAIN: That's unfortunate. ACTING CHAIRMAN STRAIN: Okay, next petition is V A-2004-AR-6793, Leobardo -- I butcher names, so sorry. Maritza Gutierrez? Front yard setback in Golden Gate Estates. All those wishing to speak on this petition, please rise and raise your right hand. (All speakers were duly sworn.) ACTING CHAIRMAN STRAIN: State your name for the record, please. MR. PECK: Good morning. Daniel Peck, for the petitioners, Gutierrez. I am before you seeking a five-foot variance of the 75-foot front yard setback requirement from the road to 70 feet for the house under construction, 4885 12th Street Northeast, and 47th Avenue Northeast, which is the "E" zone in Golden Gate Estates. The house was intended and thought to be 1 00 feet, rather than the required 70 feet from the front road -- from the -- as a setback. But unfortunately the surveyor inadvertently measured from the lot line rather than from the center of the road right-of-way. And therefore, during construction it was discovered that there was a five-foot violation, rather than a 25-foot surplus. The home use is an authorized use, consistent with zoning, with the land development code and Page 8 /t::t... /S3 February 17, 2005 with the growth management plan. We have an extreme hardship because in accordance with this letter from the builder, which I'd like to make part of the record -- I don't know whether you can put it up on the screen or not -- there would be a cost of about $98,500 to demolish the home or -- at the present site and to reconstruct it five feet further away from the site in accordance with the setback requirement. The Gutierrez family, which had nothing to do with the violation, has already been through an extreme burden with the delay in construction and expense of the variance. Five feet is a minimum variance to make a reasonable use of the land, and no special privilege would be conferred on the applicant, since others have been granted similar variances. The staff recommended the variance, and without even fmding special conditions and circumstances or pre-existing conditions of the property or peculiar conditions, but I respectfully submitted that you could even find that all ofthose conditions are satisfied, since we would not be here if the land were the same as a majority ofthe land in Collier County and the setback was measured from the lot line rather than the middle of the road right-of-way. That peculiar special condition caused the surveyors mistake and the Gutierrez's present problem. Granting the variance is not injurious or detrimental. I don't believe there's any objection. The setback is from the road rather than from another house. The house across the street, even if the set -- even if the variance were granted, would be 70 feet plus 75 feet plus 60 feet for the road right-of-way or a total of 21 0 feet -- I'm sorry, 205 feet rather than the required 210 feet. And I think most people would recognize that when you live across the street from a house, it's a street that rather bothers you, not the house, whether it's 205 or 210 feet away. The difference of205 or 210 feet with the road is deminimous (sic), whereas, five feet on a side setback with a house right next door would probably be a big difference when there is a small side yard setback. The Gutierrezes, the applicants, are really the ones affected here, since it's they that are closer to the road. In conclusion, we support the staff recommendation of approval and its conditions, and request that you help put an end to this nightmare for the Gutierrezes, who had nothing to do with creating the problem and in fact had intended to build 25 feet more than the setback requirement. If there are any questions, I'm more than happy to try to-- COMMISSIONER MURRAY: Yes, sir, if! may. ACTING CHAIRMAN STRAIN: Go ahead. COMMISSIONER MURRAY: I have only one stumbling point here. In the petition, on number six, will granting the variance be in harmony, et cetera, et cetera. And the response: House being five to six feet closer to the road but still 69 to 70 feet away. It seems odd that that would still be at question, a one- foot -- MR. PECK: I need to clarify that. I as a lawyer am ultra cautious, and I always have a nightmare that in the middle ofthe reconstruct -- as it goes on, somebody remeasures it and says it's one inch over. So the staff has converted that to 70 feet and we're satisfied with 70 feet. That was my doing, just as an abundance of precaution, to make sure if there was a three-inch mistake by the surveyor when he remeasured it, that we're not back here again and said he was three inches off on it. So that's me, nobody else, and that's just my cautious nature. COMMISSIONER MURRAY: Thank you. ACTING CHAIRMAN STRAIN: Okay. Are there any other questions from the panel? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, thank you, sir. MR. PECK: Thank you. Page 9 /!o::I. L83 February 17,2005 ACTING CHAIRMAN STRAIN: Other staffpresentations? MR. MEYER: For the record, Robin Meyer, with zoning land development review. There's not much to add. He's been very thorough. We've heard no objections from anybody in the community. We found it consistent with the criteria and recommend approval. Other than that, Jld be happy to answer any questions. ACTING CHAIRMAN STRAIN: Any questions? COMMISSIONER CARON: Yeah, I have a-- ACTING CHAIRMAN STRAIN: Commissioner Caron? COMMISSIONER CARON: -- question. What happened to condition number two? It's not -- the supplemental staff report does not give condition number two, which is ifthe dwelling is destroyed for any reason, they have to put it back in the correct spot. MR. MEYER: That would still be part of the resolution that would follow this. I simply missed putting it in there. COMMISSIONER CARON: Okay. MR. MEYER: And the supplemental doesn't eliminate the conditions in the original staff report, so it shouldn't affect that either. ACTING CHAIRMAN STRAIN: Okay. Any other questions? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, Ray, do we have any public speakers? MR. BELLOWS: Just the petitioner who spoke, Mr. Peck. ACTING CHAIRMAN STRAIN: Okay, we'll close the public hearing, call for the questioning. Is there a motion? COMMISSIONER VIGLIOTTI: JIll make a motion. I make a motion to approve V A-2004-AR-6973 for approval, subject to staff recommendations. COMMISSIONER MURRAY: Second. ACTING CHAIRMAN STRAIN: Motion made and seconded. COMMISSIONER ABERNATHY: It's forwarded recommending approval, isn't it? COMMISSIONER VIGLIOTTI: Okay. MR. WHITE: That is correct. COMMISSIONER MURRAY: Second. ACTING CHAIRMAN STRAIN: Second's approved. Okay, is there any other discussion? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, all those in favor? COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. ACTING CHAIRMAN STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. ACTING CHAIRMAN STRAIN: Anybodyopposed? (No response.) ACTING CHAIRMAN STRAIN: None. Motion passes 6-0. Thank you. Next item on the agenda is item G, MDG Capital Corporation. Petition PUDZ-A-2004-AR-6888. All those wishing to speak in this matter, please rise and raise your right hand. MS. DESELEM: If! may, for the record, we don't have a petitioner, so I don't -- ACTING CHAIRMAN STRAIN: Okay, can you make the -- is it requirement to have a petitioner Page 10 /6 ~ / E3 3 February 17,2005 here for a petition? MS. STUDENT: Well, it's quasi judicial. I think so. I think that could cause us some problems. I mean, I understood that they know that the meeting starts at 8:30. And what we might do, I don't know -- ACTING CHAIRMAN STRAIN: Continue it? MS. STUDENT: -- is take the land code thing, and then they should probably be here, if that's not a problem. ACTING CHAIRMAN STRAIN: Okay. I think that would be a good cause. Do we need a motion to that effect, Marge? MS. STUDENT: You should, yes. ACTING CHAIRMAN STRAIN: Is there a motion to continue PUDZ-A-2004-AR-6888 to the last item on the agenda for -- COMMISSIONER MIDNEY: Motion-- COMMISSIONER MIDNEY: I'll move that motion. ACTING CHAIRMAN STRAIN: Motion's been made by Commissioner Midney, seconded by Commissioner Murray. All those in favor? COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. ACTING CHAIRMAN STRAIN: Aye. COMMISSIONER MIDNEY: Aye. ACTING CHAIRMAN STRAIN: Okay. Thank you. And I would expect that the petitioner saw the Coconilla item on this agenda and realized that could be a nearly all day affair, so I'm not surprised he may not be here for -- MR. SCHMITT: I did -- just for the record, I did get an e-mail from Bill Clone (phonetic), I answered it last night, told him to be here at 9:00, but of course that was about 9:00 last night that I answered it, so I doubt he didn't read it until this morning. In fact, here is the petitioner now. So he must have read my e-mail. ACTING CHAIRMAN STRAIN: Ms. Student, what have we got to do to un-make our motion? MS. STUDENT: Just make another one to put it back as it was. ACTING CHAIRMAN STRAIN: Okay. Is there a motion? COMMISSIONER MIDNEY: I so move. COMMISSIONER MURRAY: And second. ACTING CHAIRMAN STRAIN: Motion's been made and seconded. All those in favor? COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. ACTING CHAIRMAN STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. ACTING CHAIRMAN STRAIN: Bill, it's -- before you get up, we have a few other housekeeping matters. Are there any disclosures in this matter? COMMISSIONER MURRAY: Yes, I had a telephone conversation with Mr. Clone, and nothing further than that. Page 11 /~ ~ 18 3 February 17,2005 ACTING CHAIRMAN STRAIN: Any others? COMMISSIONER VIGLIOTTI: I also had a telephone conversation with Mr. Clone. ACTING CHAIRMAN STRAIN: And I too had a telephone conversation with Mr. Clone, and my conversation strictly was I didn't have any problems with the petition as I saw it, so I had no questions to pose to him in the telephone conversation. MS. STUDENT: If the other two commissioners who have already disclosed would briefly state the subject matter. COMMISSIONER MURRAY: Mr. Clone called offering to answer any questions, and we went through briefly the number of items and acquainting me more particularly with the locale and the geography and just in general allowing me to be more efficient when I went through my papers and read the balance of the report. COMMISSIONER VIGLIOTTI: Mr. Clone asked me if I had any questions. At that time I had none. ACTING CHAIRMAN STRAIN: Okay, with that, all those wishing to have testimony in this matter, please rise and raise your right hand. (All speakers were duly sworn.) ACTING CHAIRMAN STRAIN: Thank you, Commissioner Abernathy, for that revised swearing In. With that, I guess the petitioner's here now, so we'd like to ask you to make your presentation. MR. CLONE: Thank you. Good morning. For the record, my name is Bill Clone; I'm president of MDG Capital Corporation. Weare the petitioners in this matter this morning and also the developers of Arrowhead Reserve at Lake Trafford, a 307-acre community in Immokalee, Florida. I apologize for the confusion on being a bit late. The reason I'm winded is I saw on TV you were going to continue it down in the lobby, so I ran up the stairs. George Hermanson with Hole-Montes is about five minutes behind me, but I'll go ahead and get gOIng. The purpose in the PUD amendment was quite simple. We have lot sizes that are 65 wide by 105 feet deep. In our procurement of a home builder for the community, he noted that some of his footprints for his floor plans were somewhat longer than could fit in the building envelope, as prescribed by the PUD. We met with staff and staff was amenable to consider recommendation of this to allow the front and rear setbacks to be somewhat more relaxed so that some of these building envelopes could be contained within. In the process as well, as everyone knows, the Arrowhead project will offer affordable housing to a certain percentage of those residential residents. And in a prior BCC meeting, I spoke and provided my commitment to be at an affordable status to the extent of 15 percent for the privilege of fast tracking. If you've looked in your notes this morning, you'll see the affordable language at the end ofthe PUD amendment which states that we did not require any density bonus credits to gain any density. And really, to provide the commitment for affordable was merely voluntarily to get the fast tracking. The -- so those are really the two changes to relax the front and rear setbacks in some of the lot areas. If I've not said that quite accurately, I'll lay Kay readdress that. But it's real important that we obtain this today to allow our builder to go forward out there. This lot size and the setback changes only affects the single-family component. ACTING CHAIRMAN STRAIN: Okay, thank you. Are there any questions of petitioner? COMMISSIONER ABERNATHY: Yes. Sir, I wish -- I would have preferred that you just call a spade a spade and say you were decreasing the setback's front and back. This euphemism of whatever the Page 12 16.:L 183 February 17,2005 word was that you used just sounds like you're trying to sand bag me. I mean, I know adjust or whatever the word was that you used, when we're really talking about decreasing them; isn't that right? MR. CLONE: Yes. The rear, I believe, was 25 feet, and that will be going to 12 feet -- is that correct, Kay? Yeah, if you look at the table on Page 10, there's strike and underline that indicates which front and rear yard setbacks are being modified. And in some cases when there is a sidewalk, it's a little bit different in the front on one side ofthe street as opposed to the other. ACTING CHAIRMAN STRAIN: Yes, sir. COMMISSIONER VIGLIOTTI: You had said that the reason this happened is because you couldn't get house plans that worked well on that lot? Couldn't there be another set of plans? MR. CLONE: There are about eight plans that the -- the particular builder is America's First Home. They do about 800 entry level priced homes per year. And all these builders have their set models that they've designed over the years. There are about eight plans that the builder proposes to build within our community. About half of those will work with the existing setbacks, and the other half will not work. And to deliver the affordability that we're trying to deliver, the ideal world is that we have all eight -- you know, all of the plans work. ACTING CHAIRMAN STRAIN: Commissioner Caron? COMMISSIONER CARON: Yes, I have a question. Ifthe problem is we want to lessen the setbacks, front and rear, because these buildings are larger, why is it you're changing the square feet ofthe entire property from 6,000 square feet down to 4,000 square feet? MR. CLONE: Very good question. To maintain the affordability, the larger the lot, the more expensive the lot. In our minimum lot size, which is currently 6,000 feet, we are going to redirect the lot lines to have some of the lots 65 feet wide and some ofthe lots narrower. So when the lot gets a bit narrower, the square footage of the lot naturally goes down, thus the need for the adjustment to bring the minimum platform of 6,000 down to 4,000. COMMISSIONER MURRAY: What size home would that produce in terms of internal square foot area? MR. CLONE: The sizes ofthe plans -- rm going from recollection and my memory, I believe about 1,374 square feet up to about 1,800 square feet. And again, the reason for the elongation of the building footprint after the setback amendment is that as the lot narrows, the length ofthe home increases to maintain the same square footage. ACTING CHAIRMAN STRAIN: The table that you have here has a minimum floor area of 1,000 square feet for all product, basically. And does that change from your prior PUD? MR. CLONE: No, I believe the 1,000 was-- ACTING CHAIRMAN STRAIN: That was already approved. So the 1,000 is what you're sticking with; you're not going to go below that. MR. CLONE: That's correct. ACTING CHAIRMAN STRAIN: Thank you. COMMISSIONER ABERNATHY: I hope not. ACTING CHAIRMAN STRAIN: I know, I just -- COMMISSIONER MIDNEY: So what you're saying is that the lot area is decreasing but the home area is increasing? MR. CLONE: The -- with the minimum of 1,000 square feet for the footprint ofthe home, that was our absolute floor minimum. In all of the plans that we're discussing with the builder, they happen to all be over 1,000 feet. So we're not looking to go below 1,000 but above. COMMISSIONER MIDNEY: And my question, you were saying that the models that you have, in Page 13 I~:L IS 3 February 17, 2005 order to do them, you needed more room? MR. CLONE: We needed a different platform for the buildable area of the home. For those lots that were 65 by 105, many ofthe products fit, but because we -- you know, where concrete and steel prices have gone up, it's always a challenge to deliver the price points for the flIst-time home buyer. So by narrowing the lots, we were able to sell the lots to the builder at a less costly price. And because he's still trying to maintain the same square footages on a narrower lot, we're therefore asking for the setback adjustment. So basically -- okay, good. So we're effectively able to sell a lot, less expensive and deliver the same square footage. And that also gives the builder a greater variety of price points for different profiles of home buyers. As you know, in the entry level or affordable price points, for every $10,000 that a home goes up, it may -- someone may not qualify. So the more price points, the better, even though they may be in small increments of $10,000. COMMISSIONER MURRAY: And you indicated, too, I believe, in our telephone conversation that you would have two-car garages -- MR. CLONE: Yes. COMMISSIONER MURRAY: -- am I correct? MR. CLONE: All of the plans have -- COMMISSIONER MURRAY: And the square footage that you cited was exclusive of the garages or in inclusive? MR. CLONE: That was air conditioned square footage. COMMISSIONER MURRAY: Yeah. So that's a -- that looks like an attractive thing. ACTING CHAIRMAN STRAIN: Commissioner Abernathy? COMMISSIONER ABERNATHY: Is the builder a purchaser or is he just a contractor to you? MR. CLONE: The builder to me -- I am the developer of the entire community. I am selling lots to the builder and then he will be building the vertical components, building the homes. COMMISSIONER ABERNATHY: Do you have -- does he have a contract to purchase? MR. CLONE: Yes, he does. COMMISSIONER ABERNATHY: Well, your application is deficient in that regard, because it doesn't indicate that. Who is that? MR. CLONE: The purchaser of the lots is America's First Home. I am -- COMMISSIONER ABERNATHY: And the builder as well? MR. CLONE: I'm sorry? COMMISSIONER ABERNATHY: They are the builder as well? MR. CLONE: They are the purchaser and the builder. COMMISSIONER ABERNATHY: Okay. MR. CLONE: But at this juncture, I'm still the owner and the petitioner. COMMISSIONER ABERNATHY: But this application envisions that there might be a contract for purchase, and there's a blank that says not applicable. So that's not really right. MR. CLONE: I see. ACTING CHAIRMAN STRAIN: Are there any other questions ofthe petitioner -- of the applicant? COMMISSIONER MURRAY: I have only one minor thing. There's a drawing here; trying to relate to it. It's Arrowhead. In any event, it shows all of the tracts. And I just wondered about, there's a preserve area, or what appears to be preserve, and it runs as a very narrow line and appears to cross a road. That surely has to be an error, I would have to believe. I wish I could give you more clear -- it's at the Page 14 /~::L 18 3 February 17,2005 opening of the petition. And it's the site -- I could show it to you this way. It's in the packet-- MR. CLONE: Does this map help that we have up here? COMMISSIONER MURRAY: Let's see if that's the one. I think this has to be an error, but just out of curiosity, it appears that the preserve runs across the road, which can't be possible. MR. CLONE: Are you looking at this area, sir, where I've got the pointer? COMMISSIONER MURRAY: Yes, I am. MR. CLONE: Yeah, we have -- in this community we have 100 percent of all of our entitlements, construction permits, Army Corps permits and so on. Our wetland area is generally down in this area. Some of the sheet flow that we accept from northern lands comes through the community at this point and there's actually a triple pipe over that road crossing. COMMISSIONER MURRAY: Oh, that's what-- MR. CLONE: That was part of our permitting -- COMMISSIONER MURRAY: Okay. MR. CLONE: -- to allow that road to go over that part of the wetland. MR. DUANE: It just showed the prior connection. COMMISSIONER MURRAY: Thank you. Appreciate that. ACTING CHAIRMAN STRAIN: Commissioner Vigliotti? COMMISSIONER VIGLIOTTI: Could you tell me more about the Indian burial ground and the storage structure? MR. DUANE: Sure. The Indian burial ground was located, I believe, down in these areas, in the non-buildable area. In our archeological studies, the history of the mounds was not intact. They couldn't even identify which tribe it was. Therefore, there was no concern over that. And beyond that, it was all in our preserved areas. COMMISSIONER VIGLIOTTI: And is that the historic structure as well? MR. CLONE: The historic structure, there was an older building located up in this area with bam wood and interesting older type nails. When we did the historical study, it was concluded that the house was far beyond repair. Also the fact that the home was moved to the site, there was no historical claim or value noted. COMMISSIONER VIGLIOTTI: Thank you. MR. CLONE: One addition I'd like to point out. Mr. Abernathy questioned one ofthe blanks in the petition with regard to is it under contract. And my consultant pointed out that at the time that the petition was done, it was not under contract, so -- COMMISSIONER ABERNATHY: Okay. MR. CLONE: Thank you. ACTING CHAIRMAN STRAIN: Okay, is there any other questions of the applicant before we have the staff report? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, thank you. And Kay? MR. CLONE: Thank you very much for your time. MS. DESELEM: Good morning. For the record, my name is Kay Deselem. I'm a Principal Planner with the Department of Zoning and Land Development Review. You have before you the staff report, a six-page document that provides a summary of the requested action, tells you about the location of the site, describes the project, as far as what it is they're proposing to do within this petition, shows the surrounding land use, both in text and a pictorial rendition, similar to what is -- actually, it's the same that's on the viewer right now. And there is an analysis of the growth management plan consi&tency,' noting that the uses in this Page 15 / Co :LtB 3, February 17, 2005 particular petition were already reviewed for consistency when it was originally rezoned. It's been determined that since there is no increase in density or intensity, this PUD doesn't open, quote, unquote the PUD document to additional scrutiny. We're only addressing the issues of this particular item, which is the changes to the table, some minor changes to fIx LDC citations, reflecting the newer LDC ordinance, and to address the affordable housing commitments made by the petitioner. The analysis begins on Page 5 of the staff report, and attached to the staff report are the findings of fact in support of that recommendation. And you have the other information as far as the site plans in front of you, and if you have any questions, I'd be happy to answer them. I would just say that staff does recommend that it be found consistent with the compo plan, compatible with the neighborhood, and we are recommending approval of the amendment. ACTING CHAIRMAN STRAIN: Commissioner Midney? COMMISSIONER MIDNEY: Yeah, I have a question. Under transportation review it says that you reviewed the petition, and it was based on the 2002 PUD document. And I've noticed that, you know, in the past three years, the traffIc has increased quite a lot in that area, because we've had a lot of new habitat homes and Jubilation come on line since then. Is this vested in terms of its traffIc rights because of the approval in 2002? MS. DESELEM: I would ask that Alan El-Urfali from transportation address your question. I think. he can address it more effectively than I can. MR. EL-URF ALl: Good morning, Commissioners. Alan El-Urfali, Project Manager. The development is not vested. They are subject to concurrency. And the new AUIR that came out, we had a slight decrease in traffic, the background volume. So the remaining -- COMMISSIONER MIDNEY: Decrease? MR. EL-URF ALl: Decrease, yes. COMMISSIONER MIDNEY: That's hard to believe. MR. EL-URF ALl: I understand. But we had the count stations and we could prove that. ACTING CHAIRMAN STRAIN: Why did I know that was coming? MR. EL-URF ALl: They have -- there is a remaining capacity currently, but like I said, I don't know what their time line is. They should be okay up to a certain extent on Lake Trafford Road and SR 29, which are the two segments for concurrency that we're running right now. COMMISSIONER MIDNEY: Can you provide any theories about how the traffic could have decreased when the population has increased? MR. EL-URF ALl: Well, currently we have -- the numbers came from two stations: One at the intersection of SR 29, or close to it, and the other one further down the road. Now, the volumes close to the intersections went up slightly. But the volumes away, or down Lake Trafford Road, went down. So basically they averaged out to a lower number. COMMISSIONER MIDNEY: I don't know, I would have to conclude that your analysis is wrong, because the population has increased. There's no way that the traffic could decrease. There's been no new roads built there. I just question your data. ACTING CHAIRMAN STRAIN: Maybe to help the matter along, the issue before us is a setback Issue. The density's not-- COMMISSIONER MIDNEY: I realize that. ACTING CHAIRMAN STRAIN: Yeah, I just didn't know if you -- COMMISSIONER MIDNEY: No, I was just making a comment. ACTING CHAIRMAN STRAIN: Oh, okay. COMMISSIONER MIDNEY: I just wanted to see if -- ACTING CHAIRMAN STRAIN: Because I don't believe they're adding more impact-- Page 16 /, :::1-. 1.8 ..3 February 17,2005 COMMISSIONER MIDNEY: No, they're not, they're not. ACTING CHAIRMAN STRAIN: Okay. Margie, did you have a comment? MS. STUDENT: I was just going to reiterate that this is under the newer process that we're doing where we're just changing pieces of the PUD and the rest of it remain in full force and effect. So -- and you're correct, there's no addition of density. COMMISSIONER MIDNEY: Yeah, I think the project is great, but I just question that traffic element of it. ACTING CHAIRMAN STRAIN: And I think we all should be questioning-- MS. DESELEM: If! may, the applicant's team member is asking to clarify something, and may he ACTING CHAIRMAN STRAIN: Well, I'd rather finish with your -- with any questions of you first, Kay. MS. DESELEM: Okay. ACTING CHAIRMAN STRAIN: And if they want to stir the mud to get us to ask more questions, they're more than welcome to. So is there anymore questions of Kay? (No response.) MS. DESELEM: If! may clarify one statement. There was some question about two-car garages. And I would note that there is no commitment to that effect that I'm aware of within the PUD document itself. So if you want that to specifically be a condition, it would have to be added. COMMISSIONER MURRAY: I'm glad you brought that up, Kay, because I would not have made that statement, except that Mr. Clone had made the statement to me, and so I took that as being part of the process. That's why I qualified it this morning. I think it needs, if we're going to approve -- recommend approval, I would suggest we do include that in there. ACTING CHAIRMAN STRAIN: Well, and I think-- MR. SCHMITT: Include what? Could I -- I mean, we -- COMMISSIONER MURRAY: Well, I know we're not doing site development, but the gentleman brought that up. And I don't know, what is it on limitation? I mean, when he called me -- MR. SCHMITT: Commissioner, we're here under an abbreviated process to amend a PUD document that was -- specifically addresses just the setback issue and some development criteria. That is it. Anything else on this has not been advertised, nor is it open for discussion. The issue really has to do with the setbacks. And frankly, it's a -- the setbacks meet the criteria in the Land Development Code and it's strictly an issue of whether the consumer wants to buy that product or not. And that's really what the issue is here. It's a -- the lots were being reduced to accommodate a specific product that is being developed as affordable housing product that certainly we need in Collier County. And to now pile on additional requirements is just not part of this -- it's not even up for consideration. COMMISSIONER MURRAY: Well, thank you for your clarification. I just have to get used to the new process that we're entering into here. My intent was not to create an issue but to show that the builder or the developer intended to benefit the community. And I thought that might be something worthy of mention. Thank you. ACTING CHAIRMAN STRAIN: Okay, is there any other questions of Kay? I have one. Kay, on Section 8.16, affordable housing of the PUD, your first paragraph references Resolution 2005-21. Is that the right reference? MS. DESELEM: I'm sorry, on -- ACTING CHAIRMAN STRAIN: 8.16, affordable housing. Page 1 7 1,,:=1-. / 8 3 February 17,2005 MS. DESELEM: -- oh, I see it, okay. Yes, that is the new resolution that was adopted for fast track and priority review of affordable housing projects. ACTING CHAIRMAN STRAIN: How long ago was that adopted? MS. DESELEM: I believe in January. ACTING CHAIRMAN STRAIN: I was trying to fmd it to read it and I wasn't able to on-line, so I must have missed it, or-- MS. DESELEM: I'd be happy to provide a copy to you. ACTING CHAIRMAN STRAIN: If you don't mind. Just for my future reference I'd like to read it. MS. DESELEM: Yes. ACTING CHAIRMAN STRAIN: Okay. I went through the document with a limited number of changes involving this issue. I didn't have any other questions. MS. STUDENT: And that resolution, just to clarify, provides for expedited review for affordable housing as a stimulus, economic stimulus in the community. ACTING CHAIRMAN STRAIN: Is that how the Target got out-qualified? Okay, well, we'll pass that one up. MR. WHITE: I think the distinction, Commissioners, and for the community, is that fast tracking is seen as an economic development tool, and that expedited review is given that specific and different name so that when people hear it, they'll know we're talking about affordable housing. ACTING CHAIRMAN STRAIN: Well, and the reason I wanted to read that, County Attorney White, is just so that -- I understood how it applied. Because it seems we could dilute the impact of expedited permitting if we allow it for everything. And affordable housing's the right thing to use it for. I'm just wondering about the others. Thank you. MR. SCHMITT: There are only two programs for the expedited review process. One is the anything that's been officially sanctioned as an economic development under the EDC criteria. And this is now the second, which is the affordable housing. At one time we only -- we gave it priority, but this is now official. This was a directive of the board and came out ofthe Affordable Housing Commission as a recommendation. It was passed by the board, and if I recall, the second meeting in January. I can forward you the copy of the resolution. ACTING CHAIRMAN STRAIN: Well, I'd just like to read it for future reference, and mostly for other projects that have come before us that I had questioned the expedited permitting on. Any other questions of staff? (No response.) ACTING CHAIRMAN STRAIN: Are there any public speakers? MR. BELLOWS: None registered. ACTING CHAIRMAN STRAIN: And did -- the applicant's consultant, since they were late, didn't get a chance to speak. Do they feel that they want to stir this up a little bit? MR. HERMANSON: George Hermanson, Hole-Montes. This had nothing to do with what we're asking, but I just wanted it clear on the record, and I know Alan would agree with this, when he said the project was not vested, technically we have vesting of the single-family lots because we've had plats approved. So those can continue to development. We have some multi-family, which are subject to the new concurrency. But Ijust wanted that clear. Thank you. ACTING CHAIRMAN STRAIN: Thank you. Are there any other questions ofthe commission? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, I'll close the public hearing, entertain a motion. COMMISSIONER MIDNEY: I'd like to move that we approve Petition PUDZ-A-2004-AR-6888 Page 18 I~::r /83 February 17, 2005 for -- to the Collier County Commission with a recommendation of approval. ACTING CHAIRMAN STRAIN: Is there a second? COMMISSIONER MURRAY: Second. ACTING CHAIRMAN STRAIN: Motion's been made and seconded. I don't recall if there's any staff recommendations, but I would assume it's-- COMMISSIONER ABERNATHY: Well, we need to deem it consistent with the GMP and subject to the limitations contained in the PUD. COMMISSIONERMIDNEY: Yes, thank you. ACTING CHAIRMAN STRAIN: Does the motion maker accept those changes? COMMISSIONER MIDNEY: Yes. ACTING CHAIRMAN STRAIN: Does the second accept those changes? COMMISSIONER MURRAY: Yes, absolutely. ACTING CHAIRMAN STRAIN: Okay. Are there any discussion on the matter? (No response.) ACTING CHAIRMAN STRAIN: Hearing none, I'll call for the vote. All those in favor? COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. ACTING CHAIRMAN STRAIN: Aye. COMMISSIONER MIDNEY: Aye. ACTING CHAIRMAN STRAIN: Motion passes 6-0. Thank you. The next issue is an LDC Amendment concerning the Special Cycle lA, 2005. I'm assuming there's going to be a staff presentation, Mr. Schmitt? MR. SCHMITT: Yes. Do you want to take a break before we start this? ACTING CHAIRMAN STRAIN: Yes, we'll take a lO-minute break. That's a good idea. Thank: you. (Recess.) ACTING CHAIRMAN STRAIN: Excuse me, if everybody could come back to their seats. Okay, the next agenda item is LDC Special Amendments Special Cycle lA, 2005. And Mr. Schmitt, we'll turn it over to you. MR. SCHMITT: All right. Commissioners, good morning again. For the record, Joe Schmitt, Administrator, Community Development, Environmental Services Division. This was a special amendment approved by the Board of County Commissioners to address a specific issue dealing with sidewalks. I'm going to run through a preliminary -- or the first portion of a briefing we gave the Board of County Commissioners so you can understand what we asked of the board and kind of how we got to where we are in regards to this. This really dealt with sidewalks, bike lanes, pathways and greenways. This was a workshop we conducted with the board, based on the board's request. I mean, the bottom line is staff recognizes the current LDC does not work in all cases. And we went before the board basically to ask the board to approve a special cycle to create a viable payment-in-lieu-ofprogram, to accept alternative designs, to add reference greenways and to approve a special cycle, which we're in right now. Basically the LDC says a developer must, and underline the word must, construct sidewalks and bike lanes where applicable. And it defines where it's applicable. But basically they must be constructed contiguous to all public and private roadways. So -- and I'm going to go through some examples. Page 19 /~ "2 I B ~ February 17,2005 But the bottom line here is it works in 95 percent of the cases, and it does. Developers are consistently required to develop sidewalks as specified in the LDC, and developers have been providing sidewalks that are consistent with the LDC changes that took place. The reason for the change is there's about five percent of the time where these requirements do not fit. And they would be excessively disproportionate in regards to the construction versus the requirement to put in the sidewalk. But there are really no existing pedestrian -- where there are no existing pedestrian or cycling facilities or sidewalks, it may become disproportionately excessive. And I'm going to talk about -- show you examples. But we were asking for the board to approve some kind of a criteria or allow staff to develop a criteria for payment-in-lieu-of. I can go through the review process, but that's not necessary. Basically we proposed to the board that we would add and define greenways. As you know, or you may not know, but right now there is no definitive definition for greenways. The attempt that we briefed the board was to look at the comprehensive pathways plan, develop a greenway definition, and proceed from there. But this was based on ideas, or at least on our assessment at that time, that this was a word that could be easily defined. We want to increase the time frames from other aspects, and I won't go through that. I think between the staff, we can discuss that. But what I wanted to get into was really where we're going. This was an example of a project called St. John Newman School. $150,000 construction cost to comply with a requirement. They were doing some modifications out there, and we were going -- to meet the requirements would have been almost $150,000 in sidewalk. 150 to $175,000. We were looking for a payment-in-lieu-ofprogram. And we can discuss that in the amendment, but this is basically what it would do: It would allow them to pay an incremental amount, and that would be part ofthis pathway funding. Another one is Industrial Park. Somebody comes in in the Industrial Park, we look at it, you're on a collector or arterial road, you would have to put sidewalks in around the entire area. And it was just fiscally excessive in regards to the requirements, cost to construction versus the cost ofthe sidewalk. What we were looking for is to -- the payment-in-lieu-ofprogram would allow the county to collect some monies for sidewalks to correct problems, as you see here, where a sidewalk ends or as we know we need to put sidewalks. So we would have some source of revenue to at least create interconnectivity with bike lanes, bike paths, sidewalks. We would fix and improve intersections. This was at Progress and Airport. And we would include also any other intersection improvements in regards to handicap access, cyclists or other types of things. I'm going to go through these quickly because you have the language, but this is what we briefed the board, that you'll note that the optional date is today. We did not have this ready for the 3rd. And we take this to the Board of County Commissioners on the 8th and then the 22nd as part of the regular BCC scheduled agenda item. That is basically it in a nutshell. What has happened, other examples where a application comes in to community development, goes thro.ugh transportation review, maybe a 40 or $50,000 improvement to a building and we're telling the individual, well, based on the criteria in the land development code, you have to pay $200,000 in sidewalk improvements. And it was just a disproportional, frankly, application of the code, and it was somewhat punitive in nature in regards to both the cost to construction versus the requirement to build sidewalks. So before you today is an LDC Amendment that has been vetted. It was worked jointly with both transportation staff and my engineering services staff and community development in developing some Page 20 /,,~ /63 February 17,2005 language in regards to the program. I think: the issue you're going to hear today is the issue involving greenways. I think: that's the biggest concern. You note that this has gone before the development services advisory council in regards to the -_ their position. And we noted in your amendment what the DSAC recommended and changes. And the issue really has been -- most volatile issue is dealing with greenways. We can -- I can turn it over to the staff in regards to answering any questions that you may have specific to our intent, both in the payment-in-lieu-ofprogram and some of the other issues. So subject to your questions, that concludes at least my introduction. ACTING CHAIRMAN STRAIN: Thank you. Commissioner Murray? COMMISSIONER MURRAY: I have a whole number of questions. And I don't wish to take up everybody else's time, but -- and it spans the entire document. ACTING CHAIRMAN STRAIN: I don't know if -- Commissioner, I don't know if Mr. Schmitt wrote the document. Who would be the best person to address the very specifics in the document? MR. SCHMITT: Well, it depends on which area you're looking at. If you're looking at the sidewalk: criteria, bike path and sidewalk criteria, either Nick or Russ, Nick Casalanguida and Russ Muller can answer that; Nick from transportation, Russ from my staff. If you're looking to ask specific questions in regards to greenway or greenways in -- or the comprehensive plan, probably Ms. Collier from transportation would be the one to ask the questions. COMMISSIONER MURRAY: Well, let me strike out boldly then and just pose some questions. And most of this is probably more for my education, to be clear in my mind what is being presented and what is being asked for approval. Let's start out with the very first page. And this may come as maybe even a legal question. Under 6.06.02(1), it speaks of sidewalks and bike lanes where required must be constructed within public and private rights-of-way or easements which are adjacent to and internal to the site. Okay, got that clear now in my mind. Question with the bike lanes: Are there standards for the bike lanes? MR. SCHMITT: Let me turn it over to staff. Russ? Nick? COMMISSIONER MURRAY: Standards widths, do they exist? MR. MULLER: Yes, sir. For the record, Russ Muller, Engineering Services. Yes, they're standards widths. A width of four foot, if there's a curb and gutter; a width of five foot if there is not. MR. WHITE: And the reference then, if I may, Mr. Chairman, to answer Mr. Murray? ACTING CHAIRMAN STRAIN: Go ahead. MR. WHITE: I think: -- I'm not sure which page of your provisions, but E-2, under the heading bike -- sidewalk, bike lanes and greenway design and construction materials. I think: it's probably Page 5 of your packet. It's capital letter -- new capital letter E-2 sets forth what the standard is that's referenced for bike lanes, design, construction. COMMISSIONER MURRAY: I thank you, Mr. White. I read this and wrote my notes down consecutively, so I didn't cross-reference. I apologize, I don't want to take -- MR. WHITE: Well, I think it's helpful to know what those turn out to be in real world terms, and Mr. Muller's given us that -- COMMISSIONER MURRAY: And I thank you. Okay. Let me go on, if I may. When we speak of bike paths, under the second page that I'm looking at, I guess it's after "End DSAC Recommendations", and going down to B, alternative sidewalk designs that are determined by the county manager or designee. Are bike paths, are they also subject to Page 21 /(,.1. /8 3 February 17, 2005 alternative designs? That's why I asked if they were standards. MR. MULLER: Actually, I think there's a definition problem here. Bike path is basically a sidewalk in Florida. There are no bike paths except for maybe the Pinellas Trail. A bike path would be an animal that doesn't have a bunch of driveways going through it and road intersections and has very -- is connected with right-of-way altogether. COMMISSIONER MURRAY: So in my mind, if I'm trying to visualize where along a right-of-way, for instance, 41 we have an allocated space using paint, and then somewhere along the line it could connect to a bike path, am I -- MR. MULLER: It's more likely to connect to a sidewalk. COMMISSIONER MURRAY: A sidewalk. MR. MULLER: Y eah. We have -- bike lanes are the one that's adjacent to the travel lane in the road, and then a sidewalk is parallel with a road within the right-of-way. And then a greenway is outside of the road right-of-way, generally in the canal right-of-way. COMMISSIONER MURRAY: I'm going to pass for a moment, because I'm going to get my mind more clear on this, if there are any other questions. ACTING CHAIRMAN STRAIN: Oh, I will have quite a few, but I wanted to make sure the commission's got their questions asked. Does anybody else on the commission have any questions at this time? Commissioner Midney? COMMISSIONER MIDNEY: I have a question for Mr. Schmitt. What would you consider to be a proportionate expense? Can you come up with a proportion? Or how would you quantify what is proportionate and what is disproportionate? MR. SCHMITT: In the regulation, we're asking is -- or in the LDC -- and let me find the paragraph -- the proposal was 25 percent of the cost. Nick, can you cover that, or Russ? I thought that was in here, and now -- MR. WHITE: I think it may help, Commissioner Midney, if you could tell us specifically what provision you're asking us about, which regulation that you're asking us about, where are the words? COMMISSIONER ABERNATHY: That's what he's asking. COMMISSIONER MIDNEY: No, I was responding in general to Mr. Schmitt. MR. SCHMITT: In my briefing, where I said there was a disproportion of cost. It was an example where there was a church that came in -- MR. WHITE: Okay, I'm sorry. MR. SCHMITT: -- to construct a vestibule or enclosed structure between what was the church and the adjoining school. I think the cost of that construction was somewhere around $40,000. When we looked at what it would cost, based on the requirement for sidewalks, it was almost $200,000. COMMISSIONER MIDNEY: Yeah, that's obviously disproportional. MR. SCHMITT: That was a -- COMMISSIONER MIDNEY: But I was wondering, are you thinking 25 percent, 10 percent? Or would it depend on the magnitude of the project? MR. WHITE: We have come up with I think some more precise -- something other than just the general -- and I think Nick can help us with that. MR. CASALANGUIDA: Sure. The number that put in the schedule of fees was 25 percent of the project cost. And so if someone came in to put in 500 square feet of pavement and it only cost $200,000, the most he would pay towards the sidewalk fund would be 25 percent of that. And the idea behind it was to really try and not -- for the record, Nick Casalanguida, Transportation -- was to not disproportionately punish someone coming in to do a minor modification where that modification would trigger an SDP. If that modification triggered a site development plan under the current code, it would be brought Page 22 I~:r 183 February 17,2005 up to sidewalks as they're required right now. So a small modification could trigger a substantial cost to that applicant, and that's where that 25 percent came in. COMMISSIONER MIDNEY: Thank you. MR. CASALANGUIDA: You're welcome. ACTING CHAIRMAN STRAIN: Commissioner Vigliotti? COMMISSIONER VIGLIOTTI: Joe, you came up with a figure of $37,000 on that last example you gave us. How did that work out? MR. SCHMITT: Nick can -- you want to go back to that one? MR. CASALANGUIDA: Sure, I can explain it. St. John Newman's School, their applicant was proposing to donate a building to the school, and the applicant gave us a cost, like they would put on a building permit. Cost of the addition would be $150,000. Under the current code, he was going to put in $170,000 worth of sidewalks. He could have put in, as my previous example, 500 square feet of pavement and it would have been $170,000. So the way the code is written now with the schedule of fees would be 25 percent of his project cost, which when we ran the numbers, it equated to about $25,000. The idea behind that, it would go into a pathway fund and then we would use that to connect sidewalks in the area or to do a project that made more sense, rather than say build it around the whole site. And that's what the code says now. So the number came from the project cost, 25 percent. COMMISSIONER VIGLIOTTI: So 37,000 is 25 percent of the -- MR. CASALANGUIDA: Cost of the applicant's project, that's correct. COMMISSIONER VIGLIOTTI: Okay, thank you. COMMISSIONER MIDNEY: I can see where that could be really a good thing. rm thinking in terms of Immokalee, because we have a greater need for bicycle and pedestrian safety, since we have a much higher facility rate than the rest of the county. We have more walkers and bikers. And a fund like that, you could put it to use where it's needed the most. MR. CASALANGUIDA: Exactly. The idea is to put the funds to that area. But I think county-wide, the whole idea was to take this money and say where can we -- you know, put it where it makes sense. Not to say indiscriminately please build the sidewalk because the code says so. And we don't want it there, you don't want it there. MR. WHITE: If I can embellish on that, Mr. Chairman? ACTING CHAIRMAN STRAIN: Go right ahead, sir. MR. WHITE: The legal parameters of how to utilize those funds that we've discussed with the staff and have been presented to the stakeholders group and others is that those dollars on a priority basis are to be used as close to the subject site from which they're derived as possible, consistent with the then present plans for construction of bike lanes, sidewalks, whatever, in a comprehensive system way. That's why you'll see that this provision starts out talking about the reason for the change is to address interconnectivity. It's to try to improve system performance. It may not be lawful to take monies from area A and then in an unconnected and disassociated fashion utilize those dollars across the county in some area B. So we're just going to have to try to track that. We've talked about making sure that we can do that in an administratively efficient manner. And my belief is we can accommodate it in a way that will continue to allow the provisions, if they're approved, to be lawful in their actual operation. COMMISSIONER MIDNEY: But we could write it in such a way so that it could perhaps go to where it's needed the most. If a sidewalk is in an area, suppose the whole area is not that much in need of that, as opposed to other areas. MR. WHITE: They'd have to be evaluated on a case-by-case basis on the facts. And it is possible Page 23 /b:L / t; 3 February 17,2005 that there may be some geographic distance of, you know, miles between the two. But like I said, you'd have to assume that otherwise the rest of the system had been pretty much developed at that point. COMMISSIONER MURRAY: I need to understand something absolutely. MR. CASALANGUIDA: Sure. COMMISSIONER MURRAY: I'm looking at D now, and it pertains to funds provided as payment-in-lieu do not release the developer, blah, blah, blah, and it has to do with vesting. I wanted to be clear in my mind that if we take money from a developer or from an owner of a parcel, for that matter, and it represents 25 percent of the value, or whatever, it says in here they shall still be obligated -- I want to be clear -- MR. CASALANGUIDA: I can explain that. COMMISSIONER MURRAY: Okay. -- that they're not going to be -- when the cost of everything has risen considerably that we're not going to go back to them and say okay, we need you to have the balance paid now. Is that the way that's going to work, or no? MR. CASALANGUIDA: In an example ofSt. John Newman's School, if they paid, say, $25,000 towards the sidewalk funds, the idea behind this amendment is to say in today's dollars what have you paid for proportionally if you had to build that sidewalk, if it was 10 percent of the sidewalk project. In other words, if you had 100 feet and it's $20,000 built, 10 feet. Numbers don't work, but for case of example, we would say, and we'll keep track of it, you've paid 10 percent of that. If you built it, you build (sic) 10 percent. Going forward, if the applicant comes back again and decides to build a $2 million gymnasium and that 25 percent would come in and figure -- to finish the rest of his project out, the applicant would then be responsible for the remaining 90 percent of that sidewalk application. So we tried to make it fair to the applicant and to the county. In today's dollars, if you pay a proportionate share, that percentage would be applied in the future. But not in the future sense of money as well. It would be today's dollars. Whatever you paid for today, that percentage would be carried forward. MR. WHITE: I think if you read the provisions that follow the one that you started with, Mr. Murray -- and I caution everyone that I think this is something that you really need to read more than once or twice or three times to truly appreciate all of what it's trying to say as simply as I think we could make it do so. But moving forward from the example that was given, to answer your question, generally any remaining obligation would have to be met at the then current dollar rates and the then current regulations. You would be vested fully as to the part that you had completed on a percentage basis. COMMISSIONER MURRAY: Let me give you a question then that relates, and maybe it doesn't relate, but I need to understand it. Someone out in the Golden Gate Estates -- and I believe this pertains as well -- puts in a sidewalk because -- or pays in lieu, okay, in this case, and their sidewalk surrounds their property; they have a comer lot. They're done, they're finished, they'll never be bothered again, correct, ifthat sidewalk sits there? How about the other guy, where they put in a sidewalk and for some reason or other the sidewalk starts to break down because of trees or whatever. Now they come out, Code looks at it and says sidewalk's not right, you need to redo the sidewalk. What now? MR. CASALANGUIDA: I believe, sir, that would be a maintenance issue. Once we approve the sidewalk, it would on behalf of the county -- it would behoove the county to payor replace that sidewalk, if it was something to do with sidewalk failing. COMMISSIONER MURRAY: Thank you. Page 24 1/o::L I~ 3 February 17, 2005 COMMISSIONER VIGLIOTTI: I have a question. ACTING CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Patrick, you were saying -- I'm confused about the funds. Most of the funds from this I believe are going to come from the city area out here, and you're saying we can't transfer those funds to Immokalee where they could use the sidewalks? MR. WHITE: If! understand your question, I think -- I'd have to assume that there are disconnects in the sidewalk system, and I think the answer in that case would be no, you could not. Because the present reality is that they're not connected. The idea here is to take the dollars from a particular development site and as in as close proximity as possible utilize them consistent with what other then ongoing construction activity that's going to provide greater system interconnectivity, those are the determinations that need to be made. And there has to be a rough proportionality between those. I think that the example, making the assumption that I've added to yours about the system not being connected, wouldn't allow us to take those funds. It would be too much beyond where they need to be used. So it isn't like some of the impact fees we have that may be collected somewhere in the southern part of the county, and because we only have a single district impact fee for that type of impact fee, you can use them arguably anywhere in the system to provide the necessary level of service improvements. These aren't impact fees, per se, they are the equivalent of construction. And our -- I think it's pretty clear that if you were going to construct instead of pay- in-lieu, the construction would be on-site or facilitate that site. So in order to make it as lawfully permissible as possible to do this, we need to tie the actual use of those dollars to the site from which they're derived. As close as we can to in what lawyers and judges would call rough proportionality. So I hope that helps. I don't know that it did. COMMISSIONER VIGLIOTTI: Yes. It's not what I wanted to hear, but -- one more question, I don't know who to address it to. They made reference here on the greenways that -- about the plan, the pathway plan. Does anybody have a plan we could see or look at or -- MS. COLLIER: This is the current plan. I'll discuss this. Mindy Collier, for the record. What you have in front of you right now -- and I'm sorry, I just have the one copy, although I do have copies of Exhibit B, which is the current greenway plan. Let me make sure these -- here we go. What you see there is a plan that was adopted by the Metropolitan Planning Organization in 1994 and, therefore, also referenced in the transportation element of the Collier County Growth Management Plan, which I would also like to distribute, which describes the greenways. In Exhibit B in that plan right there, I should have it marked with a little tab, and then the map that's going around is a map of the greenways that are currently proposed for Collier County. And that was again adopted in 1994. COMMISSIONER VIGLIOTTI: So this is from 1994? MS. COLLIER: Yes. COMMISSIONER VIGLIOTTI: The plan from 1994? MS. COLLIER: Yes.kCOMMISSIONER VIGLIOTTI: It hasn't been updated? MS. COLLIER: It's in the process of being updated. We anticipate it to be done by June. COMMISSIONER VIGLIOTTI: Okay, thank you. COMMISSIONER MURRAY: I have -- ACTING CHAIRMAN STRAIN: Go ahead. Page 25 lfo~ /63 February 17,2005 COMMISSIONER MURRAY: -- another question. Let's see what page this is. The pages are not marked, but it's -- MR. WHITE: I apologize for that. COMMISSIONER MURRAY: -- it's under Roman X -- that would be Roman 8 (sic). Roman 8, sidewalks -- actually, it's above that; it's in lower case "i" of the -- and the question I have is detailed on-site and off-site infrastructure improvements. Would somebody clarify that for me, off-site infrastructure? Is that -- when we say off-site -- MR. MULLER: That could be something like a crosswalk or pedestrian head added to a signal. COMMISSIONER MURRAY: Okay. Okay, thank you. ACTING CHAIRMAN STRAIN: Any other questions of the commission? Ifnot, I'll start mine. The language calculations on the report from staff talks about a five-foot sidewalk price, six-foot sidewalk price, 12-foot bike path and a 10-foot right-of-way. Where is the 10-foot right-of-way shown? How would you -- where -- why did you bring that into play, since the greenway or shared use path that you're showing as exhibit has a minimum of 10 to 12 feet with widths on shoulders after that. How does a 10-foot right-of-way factor into the discussion today? MR. MULLER: We put the 10-foot right-of-way in there to give you an example in case we need additional right-of-way for a greenway. What we're going to try to do is fit them within existing South Florida Water Management easements along the canal. That pathway will be used not only for bicyclists and pedestrians, it will also be used for maintenance vehicles to access the canal. ACTING CHAIRMAN STRAIN: Well, Russ, that's not what the document says in front of us today. In fact, it says that you're going to be taking the lands from developments that would be built along greenways. So therefore, the cost and the fiscal cost would be very relevant to those developments that would have to sacrifice a wider area for -- if they happen to be unfortunate enough to be along a greenway path. Now, and the path that you're showing isn't 10 feet, so the cost here isn't relevant to what's the example you've got in the back ofthe book. At least the back of -- I shouldn't say the book -- the back of the package we have. If you look in the back of the package, your Exhibit A has a 12 or 10- feet minimum, but it's showing an overall width of 13 or 11 feet. So now, if someone had to provide one of these greenways as part of a sacrifice for their development, then they would have to provide how much, 10 feet or 13 feet or more than 11 feet? Do you have a number? Because then the cost that you've proposed here isn't relevant to what you're extracting from the developments. MR. MULLER: That is unknown. We're hoping that the greenway would fit within the canal right-of-way, but there may be additional right-of-way needed. I think this was one of the considerations that DSAC came to when they said that the greenway should not go forward. ACTING CHAIRMAN STRAIN: Well, if these are going to fit into existing Florida Power & Light easements and canal right-of-ways, was it your intent then to write this document that that applies to those areas and not to developments that are already putting in bike lanes and sidewalks; now on top of bike lanes and sidewalks, you're telling them they've got to put in greenways as well? Because the way I'm reading the document, it isn't applicable specifically to what you've just stated. MR. MULLER: Okay, the greenway would probably be in lieu of a bicycle lane and/or a sidewalk. ACTING CHAIRMAN STRAIN: The green book, the Florida DOT green book, has that as a statement. But I didn't see it carried over into your document. So now you're saying that if a developer were to provide a greenway, he wouldn't have to provide a bike lane or sidewalks, and that greenway would be in lieu of bike lanes and sidewalks? MR. MULLER: Right, yeah. A developer doesn't have to pay for the bike lane adjacent to his Page 26 /,,:Z IB3 February 17, 2005 project now. He has to pay for a bike lane if it goes through his project. A good example would be Arrowhead. There's a collector road that goes through that, and that would one that should have a bicycle lane on it. ACTING CHAIRMAN STRAIN: But he'd have to leave the necessary width for the roadway, the additional width for that right-of-way, provide the bike lane in the right-of-way, would he not? MR. MULLER: No. We haven't been asking for additional right-of-way or the bike lanes for adjacent projects. ACTING CHAIRMAN STRAIN: Okay, I guess maybe I'm confused then. If you have a road that is standard width, pavement width, say 12 feet and the bike lane width in those roads, according to the green book that you all referenced is supposed to be four to five feet. Does that add width to the road, or not? MR. MULLER: Well, if it's adjacent -- ifthe project is adjacent, like on Airport Road, and they come in and -- a small development comes in, we don't require that development to knock out the curb and put on an additional four or five foot of pavement in there. ACTING CHAIRMAN STRAIN: No, I'm -- your example of Arrowhead, let's use that. MR. MULLER: Okay. ACTING CHAIRMAN STRAIN: Let's say the road's not in but he's coming in to design his road and he's going to apply for a permit through your department, and the bike lane becomes a requirement on the collector or arterial road. MR. MULLER: Right. ACTING CHAIRMAN STRAIN: Those lanes, according to the green book, if I'm not mistaken, are to be four to five feet and there's supposed to be alongside the travel line of the traffic -- MR. MULLER: Right, okay. ACTING CHAIRMAN STRAIN: -- not in the travel lane. So that means ifhe has a standard travel lane of 12 feet, he's not going to have a 16 to 17- foot travel lane. MR. MULLER: Correct. ACTING CHAIRMAN STRAIN: Okay. MR. MULLER: And that's shown on our cross-sections for an arterial or collector road in the back of the LDC today. ACTING CHAIRMAN STRAIN: So he is providing additional right-of-way for that bike lane? MR. MULLER: Yes. ACTING CHAIRMAN STRAIN: Okay. Then -- now we're asking that ifhe happens to be adjacent to a greenway, he has to give up additional-- I don't know if you call it right-of-way, but whatever you want to call it -- provisions to provide a path for -- a greenway path; is that right or wrong? I mean, say he was alongside a canal that you all wanted to put a greenway along. Would he have to provide the land for that greenway, pursuant to this document in front of us today? MR. MULLER: I might defer this to transportation. MR. SCHMITT: I think Ms. Collier's going to have to answer that one. MS. COLLIER: We have situations like that already occurring. For instance, along Collier Boulevard where they would not be putting in a sidewalk, but they would be putting in the greenway. And also along Immokalee Road, where instead of putting in a sidewalk, they would be putting in the greenway. ACTING CHAIRMAN STRAIN: So the greenway is in lieu of bike lanes and sidewalks? MS. COLLIER: Not always in lieu of a bike lane, but would be in lieu of a sidewalk, yes. ACTING CHAIRMAN STRAIN: Well, is a greenway used by bikers? MS. COLLIER: Yes. It's a shared use path. A greenway is really more or less defmed as a shared use path. Page 27 16:L 183 February 17, 2005 ACTING CHAIRMAN STRAIN: Okay. Then why wouldn't -- why would they have to be put in the same thing twice? Why would they put bike lanes in, then why would they still have to come back and put greenways in? MS. COLLIER: A lot of people don't ride bikes on the paths. I mean, a lot of bike -- cyclists do not prefer to ride bikes on the path. And cyclists actually have the ability to use the road, I mean. ACTING CHAIRMAN STRAIN: So we have a path there and they don't want to use it, we just build them another path. I'm not sure that's fiscally responsible, that's where I'm going. MS. COLLIER: Okay. ACTING CHAIRMAN STRAIN: And that gets back to the fiscal analysis that was provided with this report. I can't tie it to anything practical based on the balance of the report. And I'm not saying that you couldn't, I'm just saying if it was -- someone needs to go back and look at these numbers and tie them to the reality of the cross-section that you all supplied. MS. COLLIER: I can tell you where those numbers came from. They came from the FDOT 2002 transportation costs. I mean they come directly from the FDOT manual. ACTING CHAIRMAN STRAIN: Okay. But that doesn't fit the cross-section that you provided. That's what I'm-- MS. COLLIER: I'm not the cross-section person, but I understand where you're going. ACTING CHAIRMAN STRAIN: Well, the cross-section that was provided came out of the Florida DOT green book language. Because I've read that language in detail. And it's a little different than what -- the one that was in the book was changed slightly, and I want to find out why. And maybe you're the person that can answer it, I don't know. The width of a -- according to the Florida green book, the width is supposed to be 12 feet -- no, the minimum recommended width for a paved two-way path is 10 feet. In many cases it is desirable to increase to 12 feet. In a few cases it may be acceptable to decrease the trail width to eight feet. MS. COLLIER: Correct. ACTING CHAIRMAN STRAIN: Now, when you look at the cross-section that you've put in the back of this LDC request, you have the minimum of 10 to 12 feet, but that minimum requires four bullet point items. The four bullet point items in the green book for the DOT correspond to the eight-foot reduction. MS. COLLIER: I understand, and I know where this came from. I was not the author ofthis, but I can tell you that the bullet points are relating to the 10 -- the 10- foot minimum came out of the Florida Bicycle and Design Handbook. That is where that came from. ACTING CHAIRMAN STRAIN: I have that -- MS. COLLIER: Chapter five, shared use paths. ACTING CHAIRMAN STRAIN: I will pull that up in a minute. MS. COLLIER: Okay, but that is where that came from. ACTING CHAIRMAN STRAIN: But the language that you've got here came out of the green book as the alternative needed for an eight-foot path. MS. COLLIER: Okay, then we need to change that. ACTING CHAIRMAN STRAIN: Yes, I think someone needs to look at why it was up in width for some reason. The Collier County Comprehensive Pathway Plan that you presented here today, is that the one that everybody is working on today? MS. COLLIER: Currently. Yes, it's being updated right now. ACTING CHAIRMAN STRAIN: Okay. Well, the update isn't going to come out till May 1st. And the MPO is under the impression that when it does come out before it is adopted, that they're going to Page 28 / (,:z. //33 February 17,2005 have a series of public meetings -- MS. COLLIER: Yes, the first is March 10th. ACTING CHAIRMAN STRAIN: Okay. How many stakeholders meetings and public meetings have there been with the development community, the business community who are going to be paying for a lot of this work in this community? How many currently have there been? MS. COLLIER: Honestly, our department is not involved with the development of the Comprehensive Pathway Plans, it's the Metropolitan Planning Organization. So I have not even physically met with the consultants. So, I mean -- ACTING CHAIRMAN STRAIN: Is it a little -- maybe it's the cart before the horse? If this came out and was presented to us after the pathway plan was circulated to the public and to the stakeholders and to those who would have to pay for it, it might be more fair. MS. COLLIER: I can see where you can construe it as such. Except for the fact that we do have a current comprehensive pathway plan which does reference greenways, it does have a map, and it is referenced in the Growth Management Plan under the transportation element. ACTING CHAIRMAN STRAIN: Could you show me exactly where in the growth management plan? MS. COLLIER: Yes, I would be happy to. ACTING CHAIRMAN STRAIN: Okay, thank you. MS. COLLIER: I have copies for everyone. ACTING CHAIRMAN STRAIN: I have copies. MS. COLLIER: Of the transportation element? ACTING CHAIRMAN STRAIN: That's why I asked the question, because I've read it. MS. COLLIER: I'm on page -- ACTING CHAIRMAN STRAIN: Thirteen, Policy, Objective 4. MS. COLLIER: 13, Page 3. Okay, if you'll look at the handout that Ijust gave you, under Page 3(b), intermodal and multi-modal transportation, does talk in the middle paragraph here about the Collier County Comprehensive Plan developed by the Naples/Collier County Metropolitan Planning Organization was adopted. And it references that this is the document that's going to be used for developing a systematic completion of integrated sys -- of paths. Then if you go back into Page 13, it has the actual policies and objectives. Objective number four, County shall provide safe and a convenient movement of pedestrians and motorized -- non-motorized vehicles through the implementation of the Collier County Comprehensive Pathway Plan. And then it also identifies Policy 4.6, the County shall provide for the safe movement of motorized vehicles through implementation of its Land Development Code and highway design standard ordinances, and shall incorporate both bike lanes, sidewalks and pathways as deemed appropriate in new construction and reconstruction of roadways. MR. WHITE: And I'd note for the commission's -- for the record and for the commission's information that when you look on Page 1 of the amendment request, in fact under the Growth Management Plan impact, those precise policies, objective and goal, as part of the transportation element are made reference to. ACTING CHAIRMAN STRAIN: And I saw that. I went and did a word search. I couldn't find the reference to the word greenways. Can you show me where the word greenways is used in this document? MS. COLLIER: The greenway is only in the Comprehensive Pathway Plan. ACTING CHAIRMAN STRAIN: Okay. But there's no reference to greenways. Their definitions are what they're -- how they're supposed to be applied in the GMP, is that -- MS. COLLIER: The GMP only references implementing the pathway plan. Page 29 /b~ 1~3 February 17,2005 ACTING CHAIRMAN STRAIN: Okay. Pathways is a defined term in the Land Development Code that is not consistent with the greenways definition that you're bringing here today. And I was just trying to find the reference to greenway, since greenway seems to be the issue in this LDC Amendment that doesn't appear in the GMP. The detail that you provided on the back of the Land Development Code presentation here today, where is the South Florida Water Management District maintenance easement going to fit along those canals, and how would you deal with that in regards to how a pathway fits in there? MS. COLLIER: We currently have a -- we're currently working on a greenway along Collier Boulevard, along the South Florida Water Management easement. And I'm not sure if I understand how you say -- how's that going to work? ACTING CHAIRMAN STRAIN: It's a 20-foot easement from the water edge up. Generally it's on a sloped surface. Are you going to be-- MS. COLLIER: Right. And we're looking at a 10-foot path right now, although there's a possibility that it could go down to eight in order to leave more room between where the path ends and the slope to the canal. ACTING CHAIRMAN STRAIN: What is the cost of doing that? MS. COLLIER: Right now -- I mean, we're just in the design phase. I'm not -- I don't have an opinion of cost at this point. I do have, you know, a budget line item for Collier Boulevard at 300,000 right now, but -- ACTING CHAIRMAN STRAIN: Do you have a -- do you know where the funds will be coming from to pay for it? MS. COLLIER: I believe gas tax revenues. At this point we do have some payment-in-lieu going in for some areas. ACTING CHAIRMAN STRAIN: Does anybody know what the cost to build the program presented here in the screen for us today is, the overall cost and implementation of that? MS. COLLIER: No, I'm sorry, I don't. ACTING CHAIRMAN STRAIN: Do you think that would be coming out when the MPO revises the plan in May. MS. COLLIER: Yes, I do, because they have already asked us for some costs, estimated costs. ACTING CHAIRMAN STRAIN: I know you're involved in writing grants or you're familiar with grant writing. Is there any grants available on this? Have we searched that as a use? MS. COLLIER: Yeah. As a matter of fact, I wrote a grant a couple years ago for Collier County and we are using some of the money for that on the FP&L greenway. And there are Rails to Trails Grants, and we'll certainly go after any grants we can get. I mean, that's leveraging county dollars. ACTING CHAIRMAN STRAIN: So your thoughts are gas taxes and grants for funding this? MS. COLLIER: And if we have -- you know, and if there is a payment-in-lieu in front of a property where the greenway's going in. ACTING CHAIRMAN STRAIN: These paths are used by everybody in the County? Anybody that wants to use them? MS. COLLIER: Yes. ACTING CHAIRMAN STRAIN: The only people, though, that would have to be providing land for them, other than the land that's already in possession of the county, are developments that happen to build along these pathways; is that the burden put on the individual -- MS. COLLIER: They would be contributing to the cost of the greenway. It's a benefit to their community. It's a benefit to them to have the greenway. ACTING CHAIRMAN STRAIN: How? Page 30 I~::L /83 February 17, 2005 MS. COLLIER: I think there's a lot of research out there showing that people want to live near areas that they can walk, you know, where there's a path, connectivity. ACTING CHAIRMAN STRAIN: I'm not sure in Collier County that's the case. I mean, homes seem to sell a lot better when they're not having people walk through their backyards, so I would have to disagree with you on that point. The stakeholders' meetings, there haven't been any, to your knowledge? MS. COLLIER: Pardon me? ACTING CHAIRMAN STRAIN: Stakeholders' meetings, business community, meetings with the people that are -- MS. COLLIER: Regarding the Comprehensive Pathway Plan? ACTING CHAIRMAN STRAIN: Right. MS. COLLIER: To my knowledge, we have not -- the MPO has not had one scheduled. And I don't see anybody here from the MPO to address this. ACTING CHAIRMAN STRAIN: Okay. MS. COLLIER: My hands are kind of -- I'm not really involved in that. ACTING CHAIRMAN STRAIN: One of the downsides to these greenways that was talked about in the green book and by one of the other books I've read is that the speeds, if there's not something done to curtail bicycle speeds, the speeds can get quite high. I've experienced this with my son and I when we've taken our bikes out. Guys have gone by looking like spider men and just tried to ride us over, or wouldn't -- if we didn't get out of the way, they would have run us over. Are we looking at speed bumps to be put in along these things to slow down the traffic, or not? MS. COLLIER: No, but I would say that the majority of your speed riders prefer to be on the road, and that's a selling point for having bike lanes, as well as greenways. ACTING CHAIRMAN STRAIN: But if they don't want to be on the road, these pathways are built for them as well? MS. COLLIER: They can use them. Again, it's as dangerous for the cyclist to be on those paths as it is for a pedestrian. ACTING CHAIRMAN STRAIN: I have quite a few other questions, but hopefully they'll be answered by some of our other speakers. Ray, do we have any speakers on the issue? . MR. WHITE: Before you get to that, I just want to put on the record, Mr. Chairman, if you don't mind, that you made a comment about the comparison between the defInitions in the LDC presently for pathway and the terms proposed in this amendment for greenway as being, quote, inconsistent. I don't know how you mean to use that word, but I'm hoping it's not in the Growth Management Plan sense. And all I wanted to do was put on the record that the defInition of a pathway is a defIned corridor for the primary use of non-motorized travel. And I'm not disagreeing with you about your assessment about being inconsistent, but just want to point out that to me they seem to be able to coexist in the LDC at the same time. And it would depend upon how they may be individually used in a particular provision that we'd have to look at to see whether they'd be harmonized or inconsistent. ACTING CHAIRMAN STRAIN: Mr. White, the fact that one is defIning a corridor for non-motorized travel and the other is defIning a very structured and costly system is where my concern is. I don't believe that we've researched the cost ofthe system that's being proposed in this defInition. But yet pathway wouldn't have any more cost than a simple linear park with landscaping. Now, maybe one is better than the other, and it goes back to cost. How much can the public bear. Because right now, from my interpretation of the impact fee ordinance we're limited to use on impact fees for this use, which means it's got to be gas taxes or grants, and if that's the case, fIne, but if it has to go to ad Page 31 jb::L / B 3 February 17,2005 valorem taxes, I think that'd be another consideration we need to look at before we go too far with it. So that's why I was asking the question, how it would fit into the GMP. COMMISSIONER MURRAY: And ifI may, Mark, for -- ACTING CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MURRAY: I would ask Mr. White, how do we obtain the rights to use the easements that exist? By license agreement with the easement owner, or is it by in some cases eminent domain, or how is that done, sir? MR. WHITE: The question that you're asking isn't one that has a simple and every-time-you-do-it-the-answer's-the-same answer. It is very fact dependent and it goes back to that idea of what is the rough proportionality between a particular development's use of those facilities. It is somewhat analogous to roads in the sense that yes, the public travels all those roads, but they also do -- specifically to the extent that they're widened using land from a particular development -- provide safer access for that site. And that process, as you know, I hope, is one that when transportation and community development divisions are dealing with applicants, has to be discussed on a case-by-case basis. And some of the factors that are involved are amount of land that may be required, the type of facility that's being constructed, the size of the development that they're dealing with. And so I'd like to give you an answer, but if! had to give you a one or two-word answer, it would be it's negotiated. And some of it is done at zoning, when land is rezoned. Some of it's done at site planning. So that's the best I think I can give you. If you have a more specific question, I'll try to -- COMMISSIONER MURRAY: No, I think you've -- MR. WHITE: -- hone in on it. COMMISSIONER MURRAY: -- helped me -- I think you've helped me a lot there. But I was thinking about the implications of it if a development were charged with the responsibility to come up with another lot ofland, which is a loss in their dollars, or participate in the construction, that leaves it to the County Manager or his designee or the designee of the County Mnager's designee to make a determination in negotiation. And I just wondered if that's in complete fulfillment of the intent of the commission. MR. WHITE: Well, I certainly think that we take some direction from them in respect to how we handle any of the public infrastructure that we're trying to create. And the means by which we attempt to do that is efficiently in economic terms as possible. And that's why it is essentially a discussion and a negotiation with property owners where part of the bargain for exchange, for example, in a PUD zoning context is a discussion of just those types of issues. And sometimes it's done with great clarity. I think more recently this Commission, as well as the Board and the staff, have done a far better job of creating the type of clarity on the ground in terms of when things will happen, how much will be provided and in what means, ifany, additional compensation beyond that development approval itself will be provided to the landowner, to the developer. So these are good questions and wonderful discussion. ACTING CHAIRMAN STRAIN: Thank you. Ray, do we have any public speakers? MR. BELLOWS: Yeah, the first speaker, George Hermanson, followed by Bob Mulhere. MR. HERMANSON: Good morning. I'm George Hermanson, with Hole-Montes. I'm a member of the Development Services Advisory Committee. And I know Bob Mulhere is here, he's chairman of our group. I'm going to just address a couple of things on behalf of the committee and in my own personal observation. I'll try to make the distinction which is which. I want to make very clear that we -- when we discussed this a few weeks ago, we unanimously recommended several changes to this, the proposed amendments. The most important of which I think is that greenways do not belong in the code. Greenways is a special project that's being developed by the Page 32 /" ::z. 163 February 17, 2005 county. It's for the general use of the county. I don't believe it's good to impose this on individual landowners. I'm an avid biker myself and I wish we had this, but it's something that I don't think is fair. If you look at that plan on the screen, that's the fIrst cut on the plan. Next year there's going to be more and the year after that they'll be more, especially when there's more money to fund it. So I think there are going to be more and more properties to be impacted by this, and I don't think it's fair to impose it. Remember that the ultimate entity who's paying for this is the consumer. And it's going to cause lot prices to go up and it's going to make some properties less desirable to live in. So I think you need to look very closely at this. I don't think it belongs in the code. Couple of other things just in general on sidewalks and bike paths. I think you have to be very careful -- and this really applies to the way the code is administered -- there's a tendency to require sidewalks for parking lots in the same way that they're required for roadways. And I think the distinction has to be made. There is a provision for, quote, alternative sidewalk plans. I think maybe that needs to be expanded. To require sidewalks to the extent that we're being made to put them in, for parking lots, I think is way over and above what their practicality is. We've had multi-family projects that we're doing and shopping centers that look like spider webs with sidewalks on them. People don't use them. They walk the nearest -- the quickest way to get to their car is across the parking lot and that's the way they're going to walk. So I think the way staff is administering the sidewalk ordinance, particularly for site development plans needs to be looked at very carefully. And also, I think you need to look at how it's being administered for existing projects that are expanding. And I just took this St. John Newman as an example. Staff said that the computed cost of the sidewalks for that project would have been $175,000. You can build a sidewalk for $3.00 a square foot. $175,000 at $3.00 a square foot for a fIve-foot wide sidewalk would give you over two miles of sidewalk. How in the world could you possibly require St. John Newman to put two miles of sidewalks in for a building addition? If you use the county's unit cost of $6.00 a square foot, which I think is inflated, that's still over a mile of sidewalks. Now, how in the world do you come up with that? I think projects that are existing that do some expansion or improve their property maybe need to put some sidewalks on, but not to make up for everything that's lacking in the paths. So I think you ought to look at very carefully, and maybe staff needs to be clarifIed on how they administer these codes. Because they get way out of hand, in my opinion. COMMISSIONER MURRAY: Sir? ACTING CHAIRMAN STRAIN: Thank you. Mr. Murray? COMMISSIONER MURRAY: In your calculations for sidewalk, did you use the same standards that were applied in terms of six-inch of concrete and the underlying base and so forth? MR. HERMANSON: Well, that's another thing. The standard is over-designed. A four-inch concrete sidewalk is perfectly adequate, and that's what it should be. You don't need six inches of concrete with base under it. In fact, the two really are not compatible. If you use concrete, you don't use base, or else you'll get a thumping effect, and I think more tendency to crack. You use base if you have asphalt, a flexible pavement. So I think -- and that was one of our recommendations, to change the standard to what we think it ought to be. Of course it's going to cost you more, if you put more concrete into it, but it isn't necessary. COMMISSIONER MURRAY: Thank you. MR. WHITE: I'd note for the record, Mr. Murphy -- in may, Mr. Chairman -- that the provision that I think Mr. Hermanson's referring to is E-l on what is Page 5 of your packets. And what it says is that Page 33 / b ::t.. /83 February 17,2005 -- the new text says that, and constructed over a compacted four-inch limerock base. That's to provide for a four-inch con -- four inches of concrete. If it's going to be six inches, a minimum of six inches thick of concrete, it may be constructed without a limerock base. COMMISSIONER MURRAY: I read that. MR. HERMANSON: I'll repeat that the -- a sidewalk, if it's built with four inches of concrete without a base is perfectly adequate. Normally you don't put limerock base under concrete at all, because it doesn't drain well. Concrete needs a base that will drain well. So a sand, a native sand or a good granular sand compacted underneath it is the best thing. You use a limerock base if you have a flexible pavement, such as asphalt. So our recommendation was to go with four inches concrete with just a compacted granular base or asphalt with a base. That's the way the standard was years ago, and it really was adequate. If it gets broken up by concrete trucks or somebody building a house, they have to replace it. It's not intended to carry that kind of a traffic flow. COMMISSIONER MIDNEY: So you're saying in terms ofa base that it could be sand, it doesn't have to be limerock? MR. HERMANSON: It has to be a good sand, similar to what you'd put under the slab of the house. COMMISSIONER MIDNEY: But you wouldn't recommend just putting it on top of the ground that's there? MR. HERMANSON: Well, it has to be built to grade, so you're going to have to grade -- you might have to grade the level up so that it's higher than the street so the water will drain into the street. But the material does not and really should not be limerock, I don't think. I think it should be a -- ACTING CHAIRMAN STRAIN: George, you know, I'm putting in miles of sidewalks, and this new rule we've abided to since it's come out. In fact, the alternative going to six inches works very well. I mean, I don't see an objection to that; I don't know why anybody would. So I -- I know what you're trying to say, but we beat that horse to death a year or two ago when this came up before, so I'm not sure we need to open that can of worms -- MR. HERMANSON: One of the staff said the reason they recommend six inches, because when you specify four-inch, you only get two. I don't go along with that. If you watch the contractor and you tell him four inches, that's what he's going to give you, or you reject it. ACTING CHAIRMAN STRAIN: I agree. Thank you. Next speaker? MR. MULHERE: Good morning. For the record, Bob Mulhere. And I'm here this morning speaking in my capacity as chairman of the development services advisory committee. I wanted to just take a few minutes to go over specifically the DSAC recommendations. As George indicated, they were unanimous. I want to talk about greenways, but since I have a little bit more to say on that, I'll maybe go over some of the other recommendations first. And piggybacking on the comments and discussion you were just having relative to sidewalks, the DSAC recommendation was to leave the requirement for sidewalks at a four-inch width, concrete depth, whatever. COMMISSIONER ABERNATHY: Depth. MR. MULHERE: Depth, yeah, thank you. The discussion -- my recollection was that it was part of the motion, but I could be wrong -- the discussion with staff and the development services advisory committee was one in which it was discussed that sidewalks often are not built to the required specification and that this increases the likelihood of the Page 34 16~ /83 February 17,2005 sidewalk failing, cracking, whatever the case may be. That is that in reality four inches of concrete are not utilized to construct them in many circumstances. And to me and the committee, this really was more of a failure of monitoring and not necessarily a failure of the specification. And the suggestion was made that well, if we stay with a four-inch, then we need to do an inspection, just like we do on a roadway, to ensure that that depth is in fact what it should be. And if it's not, you take it out and you redo it. And the committee felt that was more palatable than increasing the specifications so that now you're asking for six inches so you really get four inches. It seems to me that that is a viable alternative. I don't know what the cost implications of requiring a boring or some sort of an inspection of -- pressure inspection or however they do it. But I'm not a civil engineer, I certainly don't know what that entails. But I think. I'm accurately relaying to you what the position of the development services advisory committee was. I'm sure Stan, you know, could provide some additional input on that issue, Stan Chrzanowski. The second item I wanted to discuss was the two alternatives that are provided in red, if you have a color copy, on the amendment on what would be the third page. And these deal with more specific exceptions from the requirement to have sidewalks on both sides of the street for projects that are substantially built out. And that's defined in there, 75 percent or more of the project land area has been approved as of the date of this ordinance for site development plan or final subdivision plat. There are numerous examples of projects that are nearly built out that were only required to provide sidewalks on one side of the street, particularly for cul-de-sac lots that are relatively short and don't have that many dwelling units on them. It's very, very typical to have sidewalks; in fact, it's very typical to have no sidewalks in those examples, but in Collier County, the sidewalk was required on one side ofthe street. And we think: that exception should be -- the DSAC felt that that exception should be spelled out in the code. The second exception was to bring back in an allowance for providing sidewalks only on one side of a cul-de-sac lot with 25 or fewer lots. Many ofthe projects I'm speaking of, again, a small street with 25 or fewer lots, very little traffic, a fairly wide roadway, a sidewalk on one side of the street, we believe it works, and we'll continue to make that recommendation, I'm sure, if it comes up again. ACTING CHAIRMAN STRAIN: Bob? MR. MULHERE: Yes. ACTING CHAIRMAN STRAIN: I understood that the intent of this LDC amendment was purely . to provide a method or mechanism to have an alternative in-lieu-of pricing in case it was impractical to put sidewalks in. It seems to have evolved to being an entire rewrite of all the sidewalk issues and adding major items like greenways and things like that. MR. MULHERE: I agree. ACTING CHAIRMAN STRAIN: But, you know, getting back to the intent of the whole thing, are you concerned about the intent of what this started out to be as far as providing a payment-in-lieu-offor sidewalks? MR. MULHERE: Well, I think. we are -- no, we're not concerned with that. We think: -- I'm sorry, in general I believe that the DSAC recommended approval with four very specific issues. And I've already spoke to three of them. You know, I think. because we have the opportunity to comment, we took that opportunity. ACTING CHAIRMAN STRAIN: Well, as a lot of people have, I can see. MR. MULHERE: Yeah. Now, I do want to talk about greenways. I think: there's been very good discussion. And during our discussion at the development services advisory committee meeting, very many of the same concerns that Page 35 /~J. /83 February 17, 2005 you all have raised also were discussed. And I think the initial comment was the way the language reads, it basically says that greenways must be constructed by the private property owner at the time of site development plan or plat approval, as shown on the pathways advisory -- or I guess the pathways master plan. I don't know if I'm using the exact correct term. You look at the pathways master plan, and we did, there were -- we had the opportunity to take a look at it during that meeting and really couldn't tell how that impacted private properties. It looked to me, though, at least from the one that was adopted in 1994, that the master plan did align with FP&L or canal easement rights-of-way. But it was hard to tell whether that might run directly through potentially a development. There's no provisions for an alternative. In other words, if the pathway plan showed a greenway -- a desired greenway running through a project, could you not perhaps realign that to skirt the exterior of the project so that you didn't have it running through your project? It's really not provided for here. But probably more importantly, this discussion centered around the fact that this doesn't appear to be the appropriate location or the appropriate way to acquire these greenways, which are really linear parks. The language in the comprehensive plan uses the terms safe and convenient. I believe that was what was cited. But what's the definition of safe and convenient? I assume that sidewalks meeting the code requirements and bike lanes meeting the code requirements meet the test of safe and convenient. That's why we have those cross sections, that's why we require them. A greenway certainly will be safe, maybe convenient, may not be convenient. It certainly goes above and beyond what is the minimum requirement, to meet the comprehensive plan test of safe and convenient. Seems to me that once the comprehensive plan is developed showing the location of these desirable greenways, there's a public benefit that goes way beyond the single development. It's a broad public benefit, and I don't think anyone objects to them, it's certainly a great idea, but how do you go about acquiring the ability, the right to use these, whether it's through fee simple or through an easement? Certainly, why should this be any different than the way we acquire other public benefits? And generally, for example, a right-of-way, a public right-of-way, it can be negotiated during the zoning process, but often it's, you know, included in the capital improvement plan. Ultimately the right-of-way is acquired for that, there is a cost associated with that because there's a public benefit. It seems to me that the greenway plan ought to be developed, it ought to be funded and then the opportunity to acquire that the necessary rights-of-way through easement or fee simple ought to be handled in the very same manner that public rights-of-way are acquired. It doesn't make sense to me that it becomes all of a sudden becomes the burden of the property owner, because you show where that is, that they have to provide these. And it goes well above what I see as the purpose and intent of the comprehensive plan relative to safe and convenient motorized and non-motorized improvements. And I think that was the position of the development services advisory committee. And that was why our recommendation was simply take this out, look at it more comprehensively. And there are other issues discussed as well. For example, in terms of funding, these really are linear parks. Is there the ability to use park impact fees to construct these improvements? I don't know. Can you then get park impact -- give park impact fee credits to a developer ifhe is willing to provide the greenway through his project or adjacent to his project on his property? I don't know. I certainly haven't done the research as to whether or not -- I mean, can you use impact fees -- transportation impact fees? I don't know what the answer is. Can you use transportation impact fees for sidewalks? ACTING CHAIRMAN STRAIN: The only ones you can use them for are on construction of new roads, according to the impact fee ordinance part that I read. So-- MR. MULHERE: So that's probably not -- Page 36 ,- /02 /~ 3 February 17, 2005 ACTING CHAIRMAN STRAIN: -- if you're retrofitting, I'm not sure it would work. MR. MULHERE: But I think the funding opportunities need to be visited more comprehensively. It seems like this was -- we have a '94 plan that really hasn't been implemented to any degree that I'm aware of. Although I do think there are some, at least one -- I think as Mindy Collier indicated there's at least one greenway perhaps moving forward some 10 years later. Seems like the -- this just became an opportunity to place the burden of the greenway on the developer once again. Doesn't make sense. So I'm happy to answer any questions you have. I think that summarizes the development services advisory committee position on this. ACTING CHAIRMAN STRAIN: Thank you, Bob. MR. MULHERE: Thank you. ACTING CHAIRMAN STRAIN: Appreciate it. Next speaker, Ray? MR. BELLOWS: Fred Reisch!, followed by George Dondanville. ACTING CHAIRMAN STRAIN: Fred, you're coming from the dark side, huh? MR. REISCHL: Yes, sir. Good morning, Commissioners. Fred Reisch!, Agnoli, Barber and Brundage. I'm just here to express my support for the alternative sidewalk language in the proposed amendment and encourage you to include it in your recommendation. This will encourage a little more creativity in sidewalk design, instead of the traditional five feet of concrete, three feet off the edge of pavement. We have worked on one design with Ms. Collier's department where the PUD actually allowed alternative sidewalk designs, and I think we both agreed that it came across with a good plan, but that was because the PUD did allow alternative designs. And we'd like to see that across the board in the LDC. Thanks. ACTING CHAIRMAN STRAIN: Thank you, Fred. Next speaker, Ray? MR. BELLOWS: After George Dondanville will be David Ellis. MR. DONDANVILLE: Good morning. My name is George Dondanville. I reside at 2460 14th Street North in Naples. As brief history, I was on the original Pathways Advisory Committee that was formed to advise the MPO in regards to sidewalks, pathways. We didn't really use the word greenways so much, but it was pathways. We've gotten in some discussion about what is what this morning. So with that history in mind, I helped developed the original comprehensive pathways plan with the MPO. I come today before you to reiterate what I spoke to the Commissioners about in this very room back in December. And my brief remarks to them were a lot around to please be very careful how this LDC amendment is worded and not to gut the comprehensive plan by taking things out of it and allowing the developers to take us once back to where we were prior to the LDC where the developers could opt out of even putting sidewalks in, through various different means. And we see what had happened here, if you go out into the developments in the area. We've got a lot of developments without sidewalks, and we're having to go back in and retrofit those kind of things. So I ask you today for your recommendation to the Board of Collier County Commissioners to go forward with the recommendations that came originally prior to the wording that has been added from the development services end. I see them only again as the developers looking out for their interest and their interest only and not the interest of Collier County residents. Every place that I've done my research in regards to greenways, and we'll call them pathways, if you Page 37 /6.2 183 February 17, 2005 want, they are a huge benefit to the community, they are not a detriment. Developers go out of their way to help build these things. And I would hope that the developmental firms in this county would recognize that, and I think for the most part they do. But when they speak to you as they did today, I think they're speaking for their developers who are paying the bills. I understand that once in a while bad things can happen on a greenway, where maybe some cyclist is taking it upon himselfto travel beyond the speed limit. But that can happen anywhere. That can happen out on the street and Mr. Strain's child could have been put in danger there as well. I apologize for whoever that cyclist was. I'm a cyclist myself. I also want to let you know that in my position in my job, I come into contact with a lot of the new people that come to this area, and they're younger and younger people, and they come to us in areas where they had greenways, they had parks where they could go out and recreate, if they wanted to ride a bike or they wanted to walk. They didn't have to do it on sidewalks. They didn't have to put themselves in jeopardy in streets like they do in the City of Naples, because they don't have the sidewalks there yet. But they ask me time and time again, where can I go -- where's a pathway? And I have to tell them all the time, there aren't any. Hopefully we're going to get some developed. Well, if we start taking it out of the language that we have here and we get rid of it, the next time it comes up it makes it easier to say well, we don't need greenways, it's something separate and apart, when in fact it is really integral to the whole sidewalk/pathway/greenway system that we're trying to develop here in Collier County, to make Collier County a much more attractive area for people to move to so that the environmental -- excuse me, so that the Economic Development Council -- I read yesterday in the paper -- is looking for ways to get business to come here. People that come here with these new small businesses that are going to drive the economy here are looking for that type of activity. So please, I urge you to move forward with the recommendations as they came to you prior to getting rid of the greenways. Thank you very much. ACTING CHAIRMAN STRAIN: Sir? COMMISSIONER ABERNATHY: Sir. ACTING CHAIRMAN STRAIN: There are some questions. Go ahead. MR. DONDANVILLE: As best I can. COMMISSIONER CARON: You were involved in the '94 report. Why has that not been implemented? Why is it 10 years later and -- MR. DONDANVILLE: That's a good question. I don't know the answer to that. I stepped off of the Pathways Advisory Committee after having served I think about eight years, served as its chairman for a while. Probably a lot has to do with funding in this area, is I think my initial reaction. And also, we were concentrating more during that period of time I think on trying to fill in sidewalks with what little money we had to get kids to and from schools, et cetera, et cetera. If that answers your question. COMMISSIONER ABERNATHY: Well, sir, if funding is the problem, and you're probably right, don't you fmd it somewhat confiscatory to make the developer, each developer, underwrite the cost of the program? MR. DONDANVILLE: We're not asking the developer -- I don't think this amendment is asking the developer -- you've gone beyond what this amendment was intended to. We're only looking at the five percent of where along your property the sidewalk is going to be burdensome economically for you to do, if it's over 25 percent. And I think that's where this greenway thing is in here, too, if! understand it correctly in my reading of it. We're not saying hey, you've got to build the whole corridor, we're just talking about this is part of the system. It may cost more money, and I will agree with you, to put in a greenway perhaps than to put in a Page 38 /6~ 1133 February 17, 2005 sidewalk. ACTING CHAIRMAN STRAIN: See, and I -- what you're saying makes more sense, but that's not the way I'm reading this document. MR. DONDANVILLE: Well, I would hope that it would be written in that way, but be written so that you don't take out greenways. That's my argument. MR. SCHMITT: Paragraph one clearly notes that greenways are required to be constructed along identified areas that the pathways -- the comprehensive plan identifies. ACTING CHAIRMAN STRAIN: And I agree, and that's what gotten my concern up. And I think -- when my son and I ride our bicycles, I have to put them in the back of my pickup truck and drive somewhere in the county where I can get on a road that's fairly safe. I think these are good ideas, but I think they need to be well thought out and well presented. And knowing that you have a master plan that is not going to be this one, it's going to be updated in May, plus you could identify proper funding sources, you could get the business community, and you should get all the business community involved with you. Because if you come forward as a team on something everybody agrees to, it's going to move a lot better. That's what I see missing in today's meeting. I see the lack of communication with the business community who's going to have to pay for part of it if that's the way this goes, and a lack of explanation for funding and maintenance sources and things like that. MR. DONDANVILLE: What prevents us then at this part -- we're not all the way to the final vote, folks. I mean, what prevents us from slowing down the process a small bit and get it worked out correctly so that when it goes to the Board of County Commissioners that it gets enacted rather than pull it out completely now and who knows when it's going to come back in. ACTING CHAIRMAN STRAIN: Because the issue about the sidewalks being built with pieces to nowhere is becoming a pretty -- more of an issue for developmental services to have to handle. They need an alternate method of getting -- of alleviating that. And that's what this started out to be. And if it goes forward with just that and you guys come back in as a group and when there's proper public meetings like the MPO says there's going to be and a new plan comes out a few months from now or towards the end of the year, we'll be better off. We'll have a better comprehensive way oflooking at it, transportation can identify how they're going to maintain it, how they're going to put it in, how they're going to acquire it. None of that's -- that's all vacant today. MR. DONDANVILLE: I have two responses to that: One is we may be right back to this 1 a-year, the question I was asked earlier, what happened, we're 1 a years down the road now since we came up with the initial one. I also think that we are the point in this county -- I've been here since '86 and I think most of you have been here as long as I have. We're in a cusp situation, as I would call it. We're at the point now where now we see these people coming back from high school, kids that would have never come back here who left and were gone and are now coming back here, they want to make this their home, and they're coming back asking these questions about this type of stuff. So if you can look at me in the eye and tell me yes, George, I will continue to drive this horse and we will get this greenway situation done and it won't take us 1 a years, then I will agree with you, Mr. Strain. ACTING CHAIRMAN STRAIN: Well, if you'll come back to this committee with a more detailed plan and one that actually fits together and the pieces are explained, I have no problem with it. But I do have a problem with it the way it's being presented today. MR. DONDANVILLE: Could I also get your hand then in helping to make the staff go that direction? Page 39 /0~ /83 February 17, 2005 ACTING CHAIRMAN STRAIN: If you call me to a meeting, I'll attend. As long as I haven't got a conflict that I can't. But if I can possibly make it, I'll make it and I'll be glad to lend my two cents to a meeting, for what that's worth. But I really would like to see this come back in a more comprehensive manner. Mr. Schmitt? MR. SCHMITT: Just to make sure you understand, and what, Mr. Chairman, you mentioned, the reason for the expediting this was exactly what you referred to, there are many projects awaiting this payment-in-lieu-ofprogram, pending at least approval. Otherwise, they're going to be compelled to comply with the existing code as it reads today and that is construct sidewalks. I have no other option. ACTING CHAIRMAN STRAIN: And I didn't have any -- I wasn't going to try to stop that from happening, Joe. I'm just trying to figure out a way to make the greenways part of it be more practically applied. I don't think that can be done today. MR. SCHMITT: But certainly the Board of County Commissioners at any time can direct staff, and I think it would be integral as part of the approval, eventual approval of the -- or updating an approval ofthe comprehensive pathway plan, you can certainly direct staff to come back at any time and amend the LDC to include any of the issues that may be removed from this LDC amendment. MR. WHITE: In fact, it would seem logical, in may just interject, that once the comprehensive pathway plan has been or is about to be adopted, that one of the aspects of how it will move forward would be direction either from the MPO or the Board of County Commissioners as to where it ought be added into the land development code amendment process. We typically have two standard cycles a year. This is a special cycle that the board voted on to implement more expeditiously. If that is desired with respect to what ultimately comes out ofthat comprehensive pathway plan amendment process and the board or the folks in the community who would desire to see it be done more expeditiously than the second regular cycle of the LDC, that is a possibility and certainly one that would be up to the board to make that determination on a super majority vote. MR. DONDANVILLE: Can I have 10 more seconds, if I might? ACTING CHAIRMAN STRAIN: Yes, sir. MR. DONDANVILLE: I would like to put the shoe on the other foot, if I might. I'm just a volunteer. And by doing it the way you want to do it, you're putting the onus on volunteer people like myself, Mr. Housh out here, in the community to drive this wagon. I guarantee you that if you leave the greenways in there the way it's written, the shoe will now fall on the other foot and Mr. Mulhere and Mr. Herman (sic) will be in here pounding at the door tomorrow to correct this -- I don't want to say correct it, but to bring in the language that you want to hear -- and it will be done by people who are getting paid to do that, rather than putting the onus on volunteers such as myself to have to continue this process and fight for greenways. ACTING CHAIRMAN STRAIN: Isn't the MPO taking this issue up as well, and aren't they the ones -- MR. DONDANVILLE: Only through the pathway advisory committee, which again is a bunch of volunteers. They're fighting tooth and nail for every penny they can get from the commission to just keep the sidewalks going, let alone the greenways. ACTING CHAIRMAN STRAIN: I honestly don't feel this was adequately aired in the public with the number of people that should have been involved who are going to end up paying for this, and that the facts involving the financial part of it are not well explained. And I'm having trouble with it. MR. DONDANVILLE: They've had some pretty good shots before, before this meeting. That's all I've got to say. Thank you very much again for your time. ACTING CHAIRMAN STRAIN: Thank you. Page 40 /b.L /B3 February 17,2005 MR. BELLOWS: David Ellis, followed by Richard Housh. MR. ELLIS: Good morning, Commissioners. My name is David Ellis. I'm with the Collier Building Industry Association. I apologize for my voice, I've got the bug that's going around. Just some brief history. A couple of years ago we took a hard look at the sidewalks in Collier County. Some of you were on the Planning Commission at the time. And it was a good dialogue. I stood here and I had some issues with some of the things we did. But by and large it was very good work. There was a lot of input from different community groups, as well as the pathways folks, and it came out to be a good process. At the time I remember very specifically making a statement that there would still be need for flexibility with the sidewalks, because from time to time a one-size-fit-all approach doesn't work. At the time I was accused of saying when developers say flexible, they mean no sidewalks. Well, the truth is, you have to build sidewalks in Collier County. You fixed that several years ago. And those exceptions aren't gIven. But one of the things we did discover in the past couple of years is there were opportunities and times when flexibility was necessary. The things that Mr. Schmitt mentioned in terms of the pay-in-lieu seems like a very good process. Hopefully as it's implemented it will go as well as the design was in the examples today. We're hopeful of that, because certainly there are times when that flexibility can be helpful, as well as some of the alternative designs in working with staff. We obviously need to have these sidewalks as a part of our system, but there is a flexibility need in that. And I think most of the recom -- the recommendations that have come forth add to that. I would say that the things that the Development Services Advisory Committee brought forth also tend to lend themselves to that type of flexibility, particularly in those communities that are by and large built out and coming back and causing some retroactive implementations that just might not be possible almost in those communities. I think those are some things that are reasonable, as well as the recommendation about the cul-de-sac streets. These are things that make sense in the big picture. And as far as the sidewalks go, I think you've got a good grip on that. And it looks like we're moving forward in a positive way in continuing to improve that area. To the greenways, I have to agree with much of the dialogue you've had today. It's a concern. And I think for the people that I represent, work for in my industry, we think it's great. The idea of pathways and greenways, that makes a lot of sense for our community. And I don't think anybody would resist that in generalities. How it's being implemented I don't think has enjoyed some of the similar vetting that we had during the process with the sidewalks. I think if we're changing, we're updating that plan, let's update the plan, let's evaluate the funding mechanisms we have as a community to implement the plan, and let's get about it. When we talked about sidewalks several years ago, we said really the same thing, let's make sure we've got a good master plan, let's -- you know, if it's a community interest, let's find the community money to implement it and let's do it. Certainly we want to have a good walkable and safe community in that regards. I appreciate you all's time on this today. It's very important. And once again, until we know the economic impacts and certain other unintended consequences that may come from the greenways, it would certainly be our request and recommendation that you remove that from this at the time and certainly keep it strong on the table so we can addresses it going forward. Thank you. ACTING CHAIRMAN STRAIN: Thank you, David. Any questions? (No response.) ACTING CHAIRMAN STRAIN: Ray? Page 41 /b2 /83 February 17, 2005 MR. BELLOWS: The last speaker is Mr. Housh? MR. HOUSH: Good morning. My name is Richard Housh. I live at 160 Seventh Avenue, in Naples. And I thank you for the opportunity to address this group. I serve on the Pathway Advisory Committee and have for three years here in Collier County. And I also serve on the advisory board for the Florida group of Rails to Trails Conservancy. So I know a good bit about what transpired with the FP&L greenway that's happening right now and things like that. So I could talk about a lot of things, I could talk about the Better Homes and Gardens survey of 60,000 readers that said 88 percent of their readership thought that having a walkable, bikeable (sic) community was more important than anything else. I could talk about lots of things. But really, a few things I've heard today that have been brought up I think are better. I think Ms. Caron -- I'm not sure if I'm pronouncing it correctly -- your question to George about why the pathways plan hadn't been implemented is the very best question of the hour, of the decade. When I retired in Naples three years ago, I thought I was moving to a bikeable, walkable community, only to find out how extremely dangerous and hazardous it is for families, seniors, all sorts of folks. I mean, there are -- sure, there are a few hard core bikers out there in Spandex that are riding dangerously, if you will, at 7:00 in the morning, but the vast majority of the people that are trying to get around on bike or on foot are just regular folks like us. And I'm very, very concerned about the safety of these folks. I think one of the reasons the greenways are needed and important -- and when we brought it up, it was to give the developers some flexibility. Because we have ignored the pathways plan that was put in place. It was adopted by the MPO and the Collier County Commissioners in 1994, and absolutely nothing was implemented, or virtually nothing. I mean, a tiny bit. Two years ago we went through the whole sidewalks LDC cycle thing, and basically the reason -- one of the reasons why the pathways plan wasn't initialized and implemented was because there were two or three pages ofloopholes in the land development code which the developers took full advantage of and circumvented the process and got out of putting in sidewalks wherever they possibly could. We heard the same group of folks that were here two years ago, voted -- the DSAC group voted unanimously against any changes to the land development code, because they liked having a couple of pages of exclusions. But we eliminated those exclusions. Now they have to build bike lanes and sidewalks, and so this opportunity comes up to address five percent ofthe problem and all sorts of roadblocks are being thrown up again. I think it's time for the Collier County Planning Commission to follow what the growth management plan calls for, and what the -- I just pulled this down off the web last night, Collier County Community Character Plan, which has been adopted and paid for, and it talks all about connectivity of neighborhoods, no matter how we have to do it. If it's a greenway, if it's a pathway. We're not practicing what we preach. So we either say we're going to do it and do it, or we keep kidding ourselves and acting like we're going to be walkable and bikeable and nothing will happen for another 10 years and we'll be right back here. I'm not going to be back here. And I'm amazed that George is still hanging in there, after developing a plan and serving on the Pathway Committee for years and nothing happened. The guy still takes time for from his business to come down here and plead for safety for the residents of the county. So the point is are we going to do what we say we're going to do? Do we really care about making this community bikeable and walkable, multi model, or not? That's what I think. ACTING CHAIRMAN STRAIN: Mr. Housh, you bring up the Community Character Plan. That plan does have references to greenways. In fact, it even suggests that a policy be added to the growth management plan identifying and discussing greenways. Eighteen months after the community character plan came out, the GMP was changed. The language that was added was not greenways language, it was Page 42 ; I, /02. IB3 February 17, 2005 pathways language, and the pathway, as defmed in the LDC. The estimated cost of greenways, as told by the Dover-Kohl, which was a 2001 document, say there were 3 -- estimated at $32 million. They suggested two revenue sources: Gas tax and grants. And they also suggested that if you wanted to accelerate it, we could increase impact fees to pay for it. I'm not saying that's right or not wrong. But I'm saying nowhere in that document do they suggest that the individual landowners who happen to be unfortunate enough along the greenway would be obligated to pay for it. And that's where I see the unfairness to this. And also, you mentioned a survey. Are you aware of a survey in the City of Naples that 80 percent of the people there really didn't want -- MR. HOUSH: As a matter of fact, I am very, very aware of that, because the survey was conducted by the Old Naples Association. I didn't receive a copy of it, nor did lots of other folks in Old Naples. And I think you should be aware of the fact that the Naples City Council just voted 6-1 to move forward with the staffs plan for sidewalks and greenways. So this was a survey that again the language, like the language that you just used, I'm sorry, that says people that are unfortunate enough to live on the greenway? That was kind of the language in the Old Naples survey. And the Old Naples survey came out with sidewalk alert, emergency. This is a dastardly thing. Well, frankly, the Rails to Trails Conservancy has statistical data where property values have actually increased more by living on a greenway than they are by living on golf courses. I really think if we could get the development community in this county to understand the inherent benefits of greenways, then I think probably the principals of these developers would go for it. I think what we have is a group of hired guns that are looking at low first cost rather than the benefits to the community and also the increase in property values. So I think you've got to be careful with that language, because it's really not proven to be true. I mean, my wife and I have had the benefit of riding rail trails all over this country and utility trails all over this country and within the State of Florida. There are many, many opportunities for funding. We just haven't pursued those in Collier County. ACTING CHAIRMAN STRAIN: Well, first of all, I think maybe I -- ifI misstated something, I apologize. I thought I said for those people unfortunate enough to own developments or lands adjacent to these greenways, they'd have to pay for them. I didn't necessarily say living to them in that context. MR. HOUSH: But if their property values increase therein, what's the problem? ACTING CHAIRMAN STRAIN: But you're actually taking some ofthe land that has increased in value, you'd be actually taking lands from them to put in these greenways, plus charging them for it. And I'm not sure how it's going to affect affordable housing and a myriad of other things. And all I'm asking for is that it merely be studied. MR. HOUSH: Well, we have -- but the problem is we can't really study it -- we have commissioned an update of the pathways plan, comprehensive plan. I was on the selection committee for the contractor. And we selected Sprinkle and Associates out of Tampa that's done pathways plans all around the country. They have a world-class reputation; they're an excellent firm. It's an MPO, you know, selection committee though the pathway advisory committee. The county funded the project. I think that's wonderful. The problem is the project came in over budget and so the contractor had to take money out of his bid to expedite the project. So here's the pathways plan. We could be sitting here talking about a pathways plan that was already real, had the project not been stretched out and protracted. Now it's two years old, okay? So I talked to the contractor in a telephone conference the other day with Chuck Barnbee (phonetic) from the MPO. Bruce Landis, the principal with Sprinkle and Associates, in charge of the project, could barely remember Collier County, Page 43 IbJ- IB 3 February 17,2005 because it's taken two years to complete a project that was supposed to be completed over a year ago. ACTING CHAIRMAN STRAIN: Well, I think that one of the most unfortunately things that have occurred is that your group's been very active in this issue, and you've been active because you've been notified two to three dozen times when things are occurring in Collier County about various actions involving bike paths. The same courtesy has not been provided to people who may have further input or need the input, like the business community or CBIA. Had you had these meetings with them present and you worked out your differences before today's meeting, maybe the questions we've been asking would have been answered. MR. HOUSH: Well, I would think so as well. As a matter of fact, I was invited to a meeting that was supposed to be held between the pathway advisory committee and the DSAC group to work out some of these issues. Two hours before the meeting was to occur, I was notified that the meeting had been called off. I'm not sure why. And I thought it would have made sense, too, to meet with the folks that were opposed to this and see if we could work out some language that made sense for everybody. I just think we're going to protract the process again. And one of the reasons we need greenways for connectivity is because the pathways plan has been ignored the last 12 years. And so we don't have very many ways to connect neighborhoods anymore. Because roads have been built without sidewalks and bike lanes, developments have been built without sidewalks and bike lanes, and that just exacerbates the problem. And at the rapid rate at which the county is growing, if we don't do something now, it's just going to be unsolvable later. And that's my heartburn with it. I think we need to take action now. I mean, there's another thing to consider: We have one pathways person in this county. One. That position has been unfilled more than it's been filled, in my three years on the Pathway Advisory Committee. Lee County just to the north of us has five pathways people. So you can't tell George and me and folks like that to come back with a program, because we're not getting paid to do this. We love the county and we want to make it a safe place for all to bike and walk, but we don't have staff to even address these issues. So if we can't get our leadership to do the right thing in terms of implementing the intent of what we're trying to do and grow wisely and smartly as a county, it definitely won't happen. That's the problem. We -- somebody's got to take a stand here. And I'm looking to you folks to do that. ACTING CHAIRMAN STRAIN: Thank you, sir. MR. HOUSH: Thank you. ACTING CHAIRMAN STRAIN: Ray, is there any further speakers? MR. BELLOWS: None registered. MR. WHITE: Mr. Chairman, I have one document that's been provided bye-mail through Ms. Collier, and she's asked me to read it into the record. And if you'd allow me to do so, I will also submit it to the minutes keeper afterwards. ACTING CHAIRMAN STRAIN: As long as it's relevant to the issue at land. MR. WHITE: I'd have to leave that to your determination, and the only way you'd know is in read it, so -- COMMISSIONER ABERNATHY: Who is it from? MR. WHITE: It is from Maureen Bonness. It will take less than a minute. Dear Commissioners: The most amazing thing is happening on Irnmokalee Road. This highway, which is expanding to six lanes between 951 and Randall Road has a portion ofthe new road segment paved, although traffic still continues on the old road. The new paved road segment has temporarily become a wonderful, safe bike pathway. The pathway is rapidly gaining attention from residents. This afternoon near 3 :00 p.m. you could Page 44 1- /~:2 /f;3 February 17,2005 see perhaps 20 cyclists on the route. That is a great spontaneous participation. This leaves no doubt, if Collier County had pathways, residents would use them. This activity demonstrates to me the need for, quote, greenways;,end quote, in Collier County. If you build it, they will come. The residents have unintentionally spoken loudly through their actions. I participated in several public meetings in which LDC sidewalk amendments were discussed. The amendment before you is quite different than the one agreed upon by representatives at those meetings. The recent changes eliminate, quote, greenways, end quote, and reduce the responsibility of properties to provide for bike lanes and sidewalks. I recommend the commissioners pass an amendment that includes provisions for greenways, such as the amendment prior to the DSAC changes. I encourage residents to be healthy through non-motorized recreation and transportation, and I encourage the Commissioners to provide a safe place for this activity. It is to everyone's benefit to provide a bikeable and walkable community. Sincerely, Maureen Bonness. ACTING CHAIRMAN STRAIN: I pity the court reporter for that. MR. WHITE: She's good. ACTING CHAIRMAN STRAIN: If she didn't throw that notebook at you during that, you're lucky. Okay, with that, I think then we basically are in a position to decide what to do with this marter. And I don't know what the rest of the planning commission is thinking. I have some suggestions that I certainly think we ought to consider, if you're willing for me to speak them. That the intent of this document was to find an alternative method for sidewalks that didn't make sense going to nowhere. I applaud that, I think it's the right thing. I also think that the greenways is a good item, too. I think it ought to be pursued. I think that the MPO is working on a plan to do that. And I think that all the elements and all the questions we asked about today could be answered when that happens. I think it's inappropriate to include it with a recommendation in this particular language. And, therefore, I would like to recommend that we pass the green -- we pass the LDC amendment, with everything that's stated, with the exception ofthe DSAC number four. Leaving number three. And that we eliminate the references to greenways until such time that a comprehensive pathway plan through the MPO, the new one they reference, is produced and approved. And also that the greenways portion is found inconsistent with the GMP, with objective 4, policy 4.1, because an updated plan is not provided; 4.3, because improvement provided as funding permits inconsistent with the plan; 4.4, establishing a choice of projects hasn't been provided; 4.5, identifying state and federal funding; 4.6, providing sidewalks, bike lanes and pathways, no mention of greenways; 4.8, design in the green book has been admitted it is not consistent with that design, and it's inconsistent with objective 7, 7.4, and that the considerations and references to community character plan. And until all those items are resolved, which I surely hope they will be over the next few months, I think this ought to go forward as I stated, with just the elements of the bike, sidewalk and bike lane. COMMISSIONER MURRAY: Second. COMMISSIONER MIDNEY: When will the MPO -- MR. SCHMITT: Just for clarification, Mr. Chairman, what -- in essence, in layman's terms what you just recommended is to remove all references to the greenways in this amendment? ACTING CHAIRMAN STRAIN: Yes, sir. MR. WHITE: And I think more specifically, if! may, for the record, that as to any of those provisions, you've indicated that it is -- it would be this commission's finding that those provisions would not be consistent with the comprehensive plan -- ACTING CHAIRMAN STRAIN: Yes. Page 45 /bJ- /83 February 17,2005 MR. WHITE: -- the GMP. ACTING CHAIRMAN STRAIN: That is what I read. COMMISSIONER MIDNEY: When will the MPO plan be ready, Mark? ACTING CHAIRMAN STRAIN: According to their website, and I have a copy of the page from the web site in case that question was asked, May 1st of'05. And I can -- in fact, and then they're going to supposedly -- this section will be devoted to bringing the public up-to-date information throughout the studies, including a calendar of public meetings, dates and opportunities for public comment. Please check back for updates. They didn't -- the M -- this one doesn't have the May 1st -- I can't remember where the May I st date came from, but I found it in some of the literature. COMMISSIONER MIDNEY: And after theire done with it, when will-- how long will it take to get back to us again? ACTING CHAIRMAN STRAIN: I don't know. That would be a staff process. MR. SCHMITT: That will really be up to the Board of County Commissioners. The -- if in fact the plan is accepted, of course it's got to be budgeted, it's got to be part of the budget cycle. If in fact it's deemed appropriate, would it become part of the capital improvement plan in regards to identifying funding? So there's -- that would be a board responsibility. And then of course as Mr. White mentioned, once the plan is accepted and approved, even if it isn't funded but if it's approved, we would, based on the board's guidance and the MPO's direction and subsequently the board, we would amend the LDC to include the language based on the criteria that's been approved in the updated plan. ACTING CHAIRMAN STRAIN: But Joe, with this recommendation, the intent was to keep it alive and not let it die. And that's why I said it needs to come back after it's proceeded through approval of a comprehensive pathway plan, as revised by the MPO in their most -- MR. SCHMITT: Keep the -- ACTING CHAIRMAN STRAIN: Keep the idea of greenways alive. MR. SCHMITT: Oh, absolutely. ACTING CHAIRMAN STRAIN: I don't want -- I think the gentlemen that spoke today are correct, this is not something that needs to be tossed to the wayside. MR. SCHMITT: Right. ACTING CHAIRMAN STRAIN: It just needs to come back in a more comprehensive manner with the questions of funding, other issues resolved. That was the intent of the motion, so -- COMMISSIONER MIDNEY: And I also have a question. Why haven't we been able to staff our pathways staffmg so that -- to help this move along? He said that we only have one position, and more than half of the time it's been unfilled. MR. SCHMITT: That is a -- that's an issue that would have to be addressed to the Board of County Commissioners. It's based on their decisions for funding and staffing of the BCC staff. I mean, that's strictly an issue that I certainly can't address. I would have to defer to Mr. Feder, the administrator for transportation, because he heads -- that responsibility is not under my division. COMMISSIONER ABERNATHY: Joe, what would be the consequence of passing this with the objectionable to Mr. Strain material left in on pathways? What would happen then? I mean, you all have brought it forward. I assume there's a tacit endorsement of it, or is there not? MR. SCHMITT: Well, I think there's some -- we're at a point in staff that frankly there is some question as to the basis, frankly, the underpinnings that justify the pathway issue in general. What Mr. Strain brought up in particular clearly identifies it. I think it would become a legal question based on the requirements of demanding that the pathway -- that the greenways be constructed. Page 46 I ~ .J... 1/3 3 February 17,2005 Bottom line, I think I'm going to have some trouble implementing it. C6MMISSIONER ABERNATHY: So you're dumping it for the time being. MR. SCHMITT: I'm going to defer to the county attorney for some legal advice. There you go, how's that for passing -- MR. WHITE: I appreciate the opportunity to provide legal advice, but it sounds like what __ COMMISSIONER ABERNATHY: Policy. MR. WHITE: -- everyone is struggling with is essentially a policy question. And I think Commissioner Abernathy is correct in that regard. Our office's obligation is to, as I've indicated, more so to the DSAC than to this body, that when push comes to shove, would a court consider these provisions to be lawfully enforceable? I think the answer IS yes. Now, is that to say that it is the appropriate point in time at which to make this policy choice? That is something for your commission to decide and the board ultimately to weigh in on. I understand that there's a strong desire on this commission, as evidenced by the motion, to bring this back in a timely fashion and to not lose the momentum that has been gathered in bringing forward what was a staff consensus recommendation. The problem we're going to have is if there are findings made with respect to inconsistency with the GMP at this point, those would have to be resolved in a way that would allow us to bring it forward, consistent with the GMP so that the implementing Land Development Code revisions would be lawful. Now, how long will that take? That is something that will take, in my opinion, less time than the public policy issues with regards to financing and other types of infrastructure commitments or staffing commitments on the part of county. But to tell you would we be able to bring this back in the fall cycle once the comprehensive pathway plan was adopted and finalized? My answer to that would be yes, that we would be able to create an integrated set of LDC provisions that would implement both that comprehensive pathway plan and the Growth Management Plan provisions. Now, whether that is what the board wants to do, whether that is what this commission thinks is an appropriate time line, or ifthere's the need for a special cycle, as I'd mentioned earlier, those are beyond our office's ability to really comment on, and certainly our choices that we weigh in on. MR. SCHMITT: Just to follow up, though, to answer your question, I fundamentally have to agree with the chairman's assessment. And I think between -- this is a joint effort between the staffs, but in reality it's going to be difficult to enforce because there is no basis for some of the issues in here. It's arguable. And with lack of clarity, in my judgment, I would prefer to take that ambiguity out this ordinance, or this amendment, bring it forward to the board. Because if I bring it forward to the board the way it is now, it will not pass. It will not pass because of the -- your recommendation and the DSAC's recommendation, clearly this is dead on arrival. What I'm going to do is go back __ MR. WHITE: And in fact -- MR. SCHMITT: Pardon me? MR. WHITE: I'm sorry. MR. SCHMITT: What I'm going to have to do is go back with my staff, we'll have to look at this and package it in a way that we think it could get to the Board of County Commissioners. But the issue really becomes some of the things in here now pretty valid that we'd be on thin ice to try and enforce. COMMISSIONER ABERNATHY: Well, I agree with what we're trying to accomplish here, but I'm going to vote against it, because I don't like the way it got here. I'm not trying to point the finger at anybody in particular, but this just doesn't seem to me to be the way to do business. MR. WHITE: If! may address Mr. Schmitt's point about the status of your recommendation and Page 47 I~.:::L 183 February 17,2005 what would be within the package that the board would consider at that time? If the motion that's on the floor is adopted, effectively all of the greenway related provisions would be stricken, and they would not be in those packages, because of your fmding of non -- or inconsistency with the Growth Management Plan. The board can only adopt those provisions that are consistent with its growth management plan. As the local planning agency, this commission makes that determination for our community. And my point is to make clear to everyone that there would not be arguably the ability to have a debate in front of the board as to whether those provisions ought be in or not, except to the extent of desiring to create a way by which they could be made consistent to this commission. That's what I was saying in my last set of comments is that you needed to make it consistent with the comprehensive pathway plan and the GMP. COMMISSIONER ABERNATHY: Well, that gives me a second reason to vote against it. COMMISSIONER MIDNEY: Mr. Abernathy, are you saying that you're voting against the motion or against the -- COMMISSIONER ABERNATHY: Against the motion. Yes, I'm in favor of the program, but we're depriving the County Commission of the ability to look at it. And I don't like the process that has evolved that got it here with nobody wanting to do it. I mean, what the hell, as they say. COMMISSIONER MURRAY: If the County Commissioners requested that this matter be brought forward for review, do they -- can they not, at discernment -- can they not say that they wish it to be brought again? In fact that they were not satisfied, or this commission was not satisfied with what was presented. I don't see that there's an encumbrance there. MR. SCHMITT: Absolutely. They can remand it back to the planning commission for -- MR. WHITE: This is their land development code. MR. SCHMITT: This is their land development code. COMMISSIONER MURRAY: And so they're not operating in a vacuum anymore than we are. ACTING CHAIRMAN STRAIN: You have a question? COMMISSIONER CARON: I have comments. ACTING CHAIRMAN STRAIN: Go ahead. COMMISSIONER CARON: I will vote with Commissioner Abernathy, because I'm not happy with the way this came forward. And we do not have 10 more years to implement. We put together these plans and then we let them sit on shelves, and that is just not what needs to happen for this community. I am uncomfortable with the fact that we're going to have an updated plan here in another few months and the MPO hasn't had their meetings. I mean, it's just -- this is not -- but we need to give the commissioners a chance to look at it. It's come this far. And we have to do something to jump-start this, and I think that's the only thing that we can do is pass it through. MR. SCHMITT: I understand what you're saying, but your proposal doesn't solve the problem of the past in regards to funding. I mean, that's not what the LDC is for. The LDC is to implement land development guidance so that staff can effectively review and implement the Land Development Code. COMMISSIONER CARON: Believe me, I understand that. However, if it doesn't get to the BCC, they won't have a chance to talk about funding. MR. SCHMITT: Just for discussion purposes, are you using this as the instrument to bring that forward? Because those kind of issues should be brought forward in the budget discussions -- COMMISSIONER CARON: You brought it forward. MR. SCHMITT: I did. The staff brought this forward, yes. And I'm just saying, your justification for bringing this forward to the Board of County Commissioners seems to be based on something else other than the consistency with the GMP, and that's what I'm asking. I mean, this has to be based on it's either consistent or not consistent with the GMP. That's the -- that's this commission's role in regards to reviewing Page 48 I~.:L /8.3 February 17,2005 LDC amendments. COMMISSIONER CARON: Why is staff bringing forward things to this commission that are inconsistent with the Growth Management Plan? MR. WHITE: That is not, I believe, the position of the staff. The staffs position is that we're asking you to tell us in your role as the LP A, you have a statutory duty to give us your opinion in that regard. Our belief is, the staffs belief is, that it would be consistent. Now, that is not the final word. Now, just turn to the factual side of this rather than the policy debate. In the real world today, as you'd heard, there are, as projects come forward under the plan that's on the screen, discussions ongoing with those property owners as to how these provisions will be effectively applied. Regardless of whether there's any, quote, further implementing, end quote, language in the LDC. So I think what's before you is not so much whether or not this is going to come back, but rather how it ought come back, so that it can be given a balanced and complete consideration as part of the comprehensive pathway plan or not. ACTING CHAIRMAN STRAIN: And I -- you know, we-- COMMISSIONER CARON: Then can we be more specific? ACTING CHAIRMAN STRAIN: I think the specificity needs to come from the proper presentation ofthis by staff through -- after the MPO, after the comprehensive plan's revised and everything else. And at this point and at the options with the BCC can discuss anything they want at any time, I don't see what harm's being done by asking this to come back in a proper forum and a proper manner. So I'm going to be firm with my motion, I'd like to call for the question. MR. BELLOWS: Commissioner Strain? ACTING CHAIRMAN STRAIN: Yes? MR. BELLOWS: I'd just like clarification on the rest of the DSAC recommendations before you take a vote. ACTING CHAIRMAN STRAIN: The DSAC had two recommendations, three and four. I suggested dropping four, keeping three, and that the greenways removal, which they suggested too, I upheld. MR. WHITE: And I otherwise understood what you to be saying, if this motion goes forward, is that the provisions, as otherwise brought forth by the staff, not the DSAC recommendations, are the ones that would be brought forward to the board. ACTING CHAIRMAN STRAIN: That's correct. COMMISSIONER ABERNATHY: Patrick? MR. WHITE: Yes, sir. COMMISSIONER ABERNATHY: Does this require five votes, by any chance? There's some things that we do that do. MR. WHITE: This is legislation. It does not require any kind of super majority. A majority vote would carry the ultimate fmding with respect to the comprehensive -- the GMP and as to your recommendation. If you wanted to sever those issues, they are severable. ACTING CHAIRMAN STRAIN: I'd like to call for the question. All those in favor of the motion, signify by raising your hand. COMMISSIONER MURRAY: (Indicating.) ACTING CHAIRMAN STRAIN: Aye. COMMISSIONER VIGLIOTTI: (Indicating.) ACTING CHAIRMAN STRAIN: Three in favor. All those opposed? COMMISSIONER CARON: (Indicating.) Page 49 /b~ 183 February 17,2005 COMMISSIONER MIDNEY: (Indicating.) COMMISSIONER ABERNATHY: (Indicating.) ACTING CHAIRMAN STRAIN: Three opposed. Motion is tied, which is motion fails for lack of majority. Okay, we'll move on to the next item which is old business. MR. WHITE: We have to have some determination as to -- ACTING CHAIRMAN STRAIN: Well, I'm pretty familiar with ties, and ifI'm not mistaken, the tie vote means it fails. MR. WHITE: Okay, your motion failed. That's my point. And there is no, quote, recommendation or finding having been made by this body that we can carry forward. And we would like to have some outcome we could deliver to the board on the summary sheet. MR. BELLOWS: Another motion. MR. SCHMITT: Would the planning commission like to have staff review this again and bring it back? ACTING CHAIRMAN STRAIN: That would be a fine thing, if you guys want to go that route, but it's going to delay your process in front of the BCC. COMMISSIONER MIDNEY: How many weeks are you talking about? ACTING CHAIRMAN STRAIN: You know, though, that's still not going to change the lack of items that have been addressed today that we don't have that aren't even going to be available until after May I st. There's no budgeting going to be known until we know what the new plan is. There's no maintenance cost provided to us today. The fiscal costs that were allocated were inaccurate. The sketch that's attached to the LDC amendment is inaccurate or is inconsistent with the green book that says it should be consistent with it. It just goes on and on. COMMISSIONER ABERNATHY: Why can't you bring this to the County Commission, telling them we had a 3-3 tie vote, therefore, it comes without a CCPC recommendation? MR. WHITE: The absence of a recommendation is not a problem. It's the absence of any finding with regards to the consistency with the comprehensive plan, the GMP. The statutory duty that you have is the local planning agency, the LP A. We have to have something. It isn't just a kind of add-on. COMMISSIONER ABERNATHY: Dance that we're going through. MR. WHITE: Exactly. It is probably, out of all the duties you have, one of the most significant. COMMISSIONER ABERNATHY: Well, if nobody budges. MR. WHITE: Well, I think that you have to consider some alternatives in terms of motions, and that's why I suggested that those issues were severable, both as to what your recommendation may be and as to what your [mdings may be with respect to the Compo Clan. ACTING CHAIRMAN STRAIN: So if we made a motion to recommend approval of sidewalks and bike lanes consistent with the DSAC recommendation number three but say not four and resolve that and then made a separate motion involving a language of greenways; is that what you're suggesting is a solution? MR. WHITE: It is a possible solution, yes. COMMISSIONER MURRAY: I would think we should do that. I think that's a very appropriate idea and I would make that motion. ACTING CHAIRMAN STRAIN: Okay, so you made a motion to recommend -- COMMISSIONER MURRAY: The portion with having to do with sidewalks -- ACTING CHAIRMAN STRAIN: And bike lanes. COMMISSIONER MURRAY: Yes. ACTING CHAIRMAN STRAIN: And bike lanes as consistent with the Growth Management Page 50 /bL 183 February 17, 2005 Plan. COMMISSIONER MURRAY: Yes. And excising anything having to do with greenways as not being consistent with the Growth Management Plan. MR. WHITE: Well, I think you may have stepped back across whatever that line was we were trying to create here. COMMISSIONER MURRAY: Then I remain silent with regard to the greenways. You're right, I reincluded it. So it is just the finding that it is consistent with the growth management plan having to do with sidewalks and what is it, pathways? MR. WHITE: Bike lanes. COMMISSIONER MURRAY: Bike lanes, yes. ACTING CHAIRMAN STRAIN: Is that with DSAC's -- COMMISSIONER MURRAY: Yes, with the stated number three, I believe it is. ACTING CHAIRMAN STRAIN: With number three ofDSAC's recommendation. Okay, I'll second that motion. COMMISSIONER MIDNEY: I have discussion on that. ACTING CHAIRMAN STRAIN: Go ahead. COMMISSIONER MIDNEY: Mr. White has said that the plan, as put forward to us, is lawful and enforceable and consistent. So that kind of goes against what that motion is saying in terms of the greenways. ACTING CHAIRMAN STRAIN: No, he's just addressing the sidewalks and bike lanes. He's saying they are consistent. COMMISSIONER ABERNATHY: He said the whole plan was consistent. That's the staff's position. COMMISSIONER MURRAY: I made a motion, I thought, that related only to that portion, the bike lanes and the sidewalks, that that I found as being consistent with the GMP. And I did not address the others that remain silent. ACTING CHAIRMAN STRAIN: That's what I thought you did. That's what I thought I seconded. Is that clear enough, Mr. White? MR. WHITE: It's clear enough for me. I turn to staff to see if they know how to apply it. MR. MULLER: I've got a question, Mark. I thought the first time you said it, you were in favor of number four over number three. You want to relook at -- ACTING CHAIRMAN STRAIN: No, I was in favor of number three over four. MR. MULLER: Number three being 75 percent of-- ACTING CHAIRMAN STRAIN: Right. You're three-quarters away through a project, I mean, it seems logical that you shouldn't have to be burdened by the other 25 percent. So now the motion is that sidewalks and bike lanes, pursuant to this LDC recommendation, are to be found consistent with the GMP and further forwarded with a recommendation of approval. COMMISSIONER MURRAY: That's correct. ACTING CHAIRMAN STRAIN: With the DSAC recommendation number three incorporated; is that correct? COMMISSIONER MURRAY: That is correct. ACTING CHAIRMAN STRAIN: Okay. Motion's been made, I seconded it. All those in favor? COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. Page 51 lfo~ 183 February 17, 2005 COMMISSIONER MURRAY: Aye. ACTING CHAIRMAN STRAIN: Aye. Four (sic) in favor. All those opposed? COMMISSIONER MIDNEY: (Indicating.) ACTING CHAIRMAN STRAIN: Oh, you were in favor, Donna? COMMISSIONER CARON: Urn-hum. ACTING CHAIRMAN STRAIN: I'm sorry, five in favor, one opposed. Okay, now, on a separate motion for the greenways issue, I. Had previously made a motion to find them inconsistent with the growth management plan. I believe it is inconsistent with the same reasons I had stated earlier, and I'll make that motion again. COMMISSIONER MURRAY: And I would second that again. COMMISSIONER ABERNATHY: Well, we're right back. ACTING CHAIRMAN STRAIN: Well, let's see if we are. We need discussion. Okay, all those-- COMMISSIONER ABERNATHY: Well, I think we can deal with greenways in a way consistent with what you've been saying all day is and that is that it needs further study without tramping on this inconsistent with the growth management plan issue. ACTING CHAIRMAN STRAIN: I don't understand, I'm sorry. What were you recommending? What are you suggesting? COMMISSIONER ABERNATHY: That we refer the greenways part ofthis proposal back to the staff for further study, period. We can deal with whether it's consistent with the GMP or not at a later date. ACTING CHAIRMAN STRAIN: Patrick, if we do that, how does it go -- what does the BCC then deal with? MR. WHITE: Arguably you have the whole cloth ofthe LDC amendment for them to consider, but there would not seem to be any finding of consistency or not with respect to the greenway provisions. That arguably puts the board in a difficult position of having to adopt a regulation with which they don't have an LPA opinion. They may, if they choose to carry that part forward, ask to have you give your reconsidered opinion at another meeting before they finally adopt it. Remember, there are two board meetings on this. So between the two meetings, there may be an opportunity for this commission to further consider, based upon board's policy discussion and direction, kind of on demand, if you will, how you would then vote. I cannot say. MR. SCHMITT: Would it be helpful if you put a provision on your recommendation that upon completion or at least the public vetting of the comprehensive pathway plan, that staff bring this back to the planning commission as a future amendment? ACTING CHAIRMAN STRAIN: If that is legally permissible. That's the intent, it's been the intent. I mean, the intent is bring it back in a better format. MR. WHITE: That's absolutely legally permissible and in fact I -- MR. SCHMITT: How about the planning commission putting that on the record, and as the local planning authority would make that an official position of this committee or this board and put staff on the hook for bringing it back. COMMISSIONER ABERNATHY: Either that or you just withdraw that portion ofthis package. You all have withdrawn LDC amendments from us before without even telling us why, so -- MR. WHITE: I think that that is something that has to be a staff consensus, and I'm not going to walk down that path. I just wanted to say that when you were having your discussion earlier, I wanted to remind you that you do have as one of your powers rolls making recommendations with respect to what it Page 52 !fo:Z / &3 February 17, 2005 might be or should be in terms of what the board considers in terms of not only growth management plan provisions but the whole array of regulatory fabric that the county __ COMMISSIONER ABERNATHY: That's fine, Patrick, but we're walking right back in to the consistency with the growth management plan quagmire. MR. WHITE: I understand. And it's not one that's easy to resolve. COMMISSIONER CARON: Not if we send it back to staff. ACTING CHAIRMAN STRAIN: Well, I like Joe's suggestion that we add language to the motion that indicates we want it to be brought back to us after the comprehensive pathways plan is updated and revised -- COMMISSIONER MURRAY: Makes sense. ACTING CHAIRMAN STRAIN: -- for reconsideration. COMMISSIONER MURRAY: Makes good sense. MR. WHITE: Well, that effectively I think results in the board perhaps having the option of giving you some further direction in the intervening time between their two meetings, or not. But regardless, it would seem to be clear that at the end of the process, we would have an understanding that this needs to come back effectively as soon after it could be scheduled for your consideration. With the caveat the comprehensive pathway plan would have to be effectively approved and adopted. COMMISSIONER ABERNATHY: Well, then this proposal doesn't involve us taking a position one way or another on the consistency of the pathways. MR. WHITE: And I'd probably have to -- COMMISSIONER ABERNATHY: Does it? MR. WHITE: You're right, it does not. COMMISSIONER ABERNATHY: Does not. MR. WHITE: It does not. But I thought you were going to say more about the GMP. And I was going to say that where that would leave the board, I think. our office would have to look at in greater detail. It's not to my knowledge a circumstance that has ever been considered, certainly by our office. ACTING CHAIRMAN STRAIN: That ought to be an interesting outcome. With that done, I'll call the question. All those in favor? MR. WHITE: If I could just beg, is the staff clear with what the motion is? COMMISSIONER MIDNEY: I would like the motion restated. ACTING CHAIRMAN STRAIN: The inconsistencies with the GMP, that were quoted earlier, with the caveat that this is being done to -- that staffwill come back with a new comprehensive pathways plan, once that is developed, for reconsideration. COMMISSIONER ABERNATHY: Well, then inconsistencies with the GMP. We're right back to it. MR. WHITE: I think that there may be some confusion about which of the two plans the motion pertains to. And I'd ask the motion maker and second to confirm what their intent is so the rest of the commission is clear. ACTING CHAIRMAN STRAIN: I thought I just did. The-- COMMISSIONER MIDNEY: I don't understand. ACTING CHAIRMAN STRAIN: The greenways portion of this is at this point incon -- I believe, based on the elements that I read earlier, is inconsistent with the growth management plan, and because of that, we're asking that they come back with a complete and updated comprehensive pathway plan so that we can reconsider the consistency. MR. SCHMITT: The first part of the amendment was for it. Page 53 /0~ 183 February 17, 2005 ACTING CHAIRMAN STRAIN: The sidewalks and bike lanes, it's already done. We're past that at this point. COMMISSIONER CARON: That's already done. MR. WHITE: I understand your motion to be that you'd be making a finding of inconsistency as to the greenway provisions. I'm saying that loosely. And that they immediately be brought back for your consideration after the comprehensive pathway plan amendments are adopted. ACTING CHAIRMAN STRAIN: That's the intent of the motion, that's correct. COMMISSIONER MURRAY: The second agrees with that. ACTING CHAIRMAN STRAIN: Okay, now I'll call the question: All those in favor ofthe motion, signify by saying aye and raising your hand. COMMISSIONER VIGLIOTTI: (Indicating.) COMMISSIONER CARON: (Indicating.) ACTING CHAIRMAN STRAIN: (Indicating.) COMMISSIONER CARON: (Indicating.) COMMISSIONER MIDNEY: (Indicating.) ACTING CHAIRMAN STRAIN: Five. All those against? COMMISSIONER ABERNATHY: (Indicating.) ACTING CHAIRMAN STRAIN: 5-1. Motion passes. Thank you. Joe, the only thing on old business, I know you stated earlier that I'm going to get the results. Again, I'd like to ask you to make -- please make sure I get those -- MR. SCHMITT: Yes. ACTING CHAIRMAN STRAIN: -- so we don't have to discuss this anymore. Is there any other new business? MR. SCHMITT: I have some new business. ACTING CHAIRMAN STRAIN: Okay. MR. SCHMITT: Every year the Florida planning officials conduct training. They have a conference. I'm not sure where the conference is this year. Mr. Budd attended last year. And normally there's one day devoted to Florida planning officials' training, training for planning officials. So in regards to that, is there any interest of members of this planning commission to attend that training? Normally what happens, you're volunteers, we would pay for any of the registration or we would pay for the associated cost ofthe training, but normally the travel, we do not. So I don't know, it may be in Orlando. I'm not sure where it is this year. But it's usually part -- an integral part of the annual AP A conference. ACTING CHAIRMAN STRAIN: If you could e-mail me the data, I'm interested. COMMISSIONER VIGLIOTTI: I'd like to find out more about it. COMMISSIONER CARON: Me, too. MR. SCHMITT: I'll get more information. You certainly don't have to give me an answer now, but what -- that's in Pinellas County. Well, thank you, Fred. That's not too far up the road, right, Tampa, or-- Clearwater. So that normally is -- there's usually a day devoted to training for that. And certainly -- I just want to know if there's interest so I can look at budgeting it, and then we'll get you more information. ACTING CHAIRMAN STRAIN: I think if you e-mail it to us, we'll respond that way. Any public comment? (No response.) ACTING CHAIRMAN STRAIN: Discussion addenda, nothing. Page 54 . .t, /{J / 8 3 February 17,2005 Okay, motion to adjourn? COMMISSIONER VIGLIOTTI: Second. ACTING CHAIRMAN STRAIN: Motion's been made to adjourn. COMMISSIONER VIGLIOTTI: Second. ACTING CHAIRMAN STRAIN: Everybody seconded it. We're over, thank you. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :43 a.m. COLLIER COUNTY PLANNING COMMISSION MARK. STRAIN, Acting Chairman Page 55 16.:z. / B1 AMENDED NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDA Y, FEBRUARY 24, 2005, 6:00 P.M. Collier County Government Center Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail Naples, FL 34112 ******************************************************* NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections. if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774-8400. ** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. ****************************** ************************* AGENDA I. 6:00 P.M. Meeting Called to Order II. Approval of Agenda III. Adoption of Minutes from January 27, 2005 Meeting IV. Chairperson's Message V. New Business A. Guest Speaker - Silvia Casabianca - Tiempos Del Sol B. Presentation on Hiring by Collier County Human Resources Director (tentative) C. Discussion Relating to Assignment of Liaisons to Agencies to Follow-up Hiring Practices Letter D. Discussion of Workshops Schedule E. Discussion of Report to the Board of County Commissioners F. Discussion of Spanish Translator for HAAB VI. Old Business A. Liaison Opinion Regarding Letter Concerning Mr. Valdes as well as General Authority of HAAB B. Revisions to 10 Point Program/Letter to Sheriff's Office VII. Public Comments VIII. Board Member Comments IX. Meeting Adjourns l'iala '~,/ y Halas Henning Coyle coletta COLL ER COUNTY HISPANIC AFFAIRS ADVISOItyrdB8XiiDmfssioners MINUTES OF FEBRUARY 24, 2005 MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ADMINISTRATION BUILDING F, 3301 EAST T AMIAMI TRAIL, NAPLES, FLORIDA = RECEIVED":! t 8'1 APR 0 1 2005 Present: Absent: Susan Calkins David Correa Manuel Gonzalez Ernesto Labrador Sofia Pagan Cosme Perez J ames VanFleet Raymond Cabral (excused) Teresa Nelson (resigned - Feb. 24, 2005) Also Present: Michael W. Pettit, Chief Assistant County Attorney, Staff Liaison for HAAB Jean Merritt, Collier County Human Resources Director Mr. & Mrs. Victor Valdes Ms. Silvia Casabianco - Naples Sun Times Reporter The February 24, 2005 HAAB Meeting was called to order at 6:01 p.m. A motion to approve the agenda was made by Mr. VanFleet and seconded by Ms. Pagan. The motion passed 6-0. Mr. Labrador then moved to move certain speakers up on the agenda. Mr. VanFleet seconded and the motion passed 6-0. (Ms. Calkins joined the meeting after these votes were taken (Agenda attached). Ms. Jean Merritt, the Collier County Human Resources Director presented an overview of the hiring process at Collier County. She stated that there were 48 jobs open as of the time of the time of the presentation. She described the process typically followed from the tentative offer pending motor vehicle record research, criminal record research and drug testing through orientation for new employees. She advised the HAAB that materials for the Collier County Career Center are provided in Spanish. She reported that there were approximately 1652 full time employees with the County and 112 full-time part-time employees. In addition, there are 192 Job Bank employees. Ms. Merritt stated that the County is encouraging the hirin.g,,,9,,,{,.pjJi1J,&kl~~~,l?.slJliHm.er1L!.!1~t..,,,~,,,,...... there is a need for bilingual persons. She reported that 14.8% of (,;Q."\)l'!ty-employees-areHi~~~~~:,'::;.;:",::;:::-: in background. Approximately 176 of these are male and 104 ~re femaM1sc.~~~cribed the 1 County's three separate groups of employees - "red" or direttor level and ab ve; " hite" , professional and uniform service; "blue" maintenance workers, ~road an~J;)p go' . She stated that approximately 30 persons of Hispanic background were.in u ervlsory or f I H/~')~ ! 1 L C"li~s 10: .' '''' ..,._,_~_.J ---~...,-,-......,~_...~~~-...~.....-......_._.._-- __'.''''''''''_'.''-#0......_-_ ~u.........-"""<<~Wf..u....""~....~~~.:":I:...-Y':.:-";~:No.t\~"""'~~":'~I:r",,:;jf~ I~:z. I BI.{ management positions and 5 of these were female. Five persons were identified in the red group while 49 persons were in the white group and 226 Hispanic persons were noted in the blue group. Ms. Merritt noted that there were a number of Hispanic employees in the Human Resources Department itself. Two of these employees were fluent in both English and Spanish. One of these employees was a training and new hiring coordinator in for Human Resources. Ms. Menitt talked to HAAB about the Wellness Program designed to promote healthy lifestyles for Collier County employees and stated the Wellness website was also available in Spanish. She also stated that for the first time the County's Annual Health Fair will have an Hispanic booth to provide information to Spanish speaking employees. She stated that 21 current County employees have very limited English ability. All of these employees work under bilingual supervisors. She advised that there are free programs for English proficiencies and vocational English. Mr. Gonzalez inquired about guidance to job seekers and Ms. Menitt responded that all jobs are posted in the front office. She stated that an applicant must keep coming back to check on his or her application if they do not get the first job they seek, that is, they must reapply for additional jobs. Mr. Perez inquired whether job postings on the website were in Spanish and Ms. Menitt stated they were not. Mr. VanFleet inquired whether the numbers of Hispanics were increasing in the white and red categories of employees and Ms. Menitt stated yes but not as fast as the County would like. She described some of the difficulties. For example, there had been a posted bilingual position for nine months that had been advertised throughout the state and was not possible to find a qualified candidate, at least to date. She also reported in response to Mr. Labrador that this position was advertised on Hispanic radio and a Hispanic newspaper. At this point, Mr. VanFleet had to leave the meeting (6:20 p.m.). Ms. Calkins asked about the Collier County Library and whether it was part of the County's workforce and Ms. Menitt stated that it was. Mr. Gonzalez asked about reaching Ms. Menitt directly. The next speaker on the agenda was Ms. Silvia Casabianco of the Naples Sun Times. Specifically, she is an editor of Tiempos Del Sol. She has lived in Naples 1 1f2 years and comes from Colombia, where she was a doctor. She discussed the rapid growth in the Hispanic population and the difficulties facing that population. She reported that access to healthcare was a big issue facing the Hispanic population. She reported her efforts in addressing this situation and the problems posed by language barriers. Mr. Perez and Ms. Pagan affirmed that there was a need for more organizations within the community willing to integrate Hispanics into the daily life of the community. Ms. Pagan congratulated Ms. Casabianco about her efforts but stated that the Red Cross was looking for Hispanic volunteers and after three months had only seven names to assist with the shelter at Gulf Coast High School. Ms. Pagan said she would send Ms. Casabianco an application. There was discussion from Ms. Calkins regarding materials in Spanish at the Collier County Health Department. Ms. Casabianco gave examples of several large health organizations where more needed to be done to assist Hispanics including the American Heart Association and the American Cancer Society. 2 I~~ 18tf Mr. Labrador initiated a discussion about how HAAB could assist the BCC in furthering efforts to assist Hispanics in preventive healthcare. Mr. Correa discussed the Colombian run tobacco prevention program. Mr. Gonzalez also mentioned a federal publication in Spanish that was anti-smoking. Ms. Casabianco, in response to Mr. Labarador, said she would be open to further discussion with HAAB members and gave her phone number as 348-0808. The next item of business was the Chairman's Message and discussion about the goals from the 2003 HAAB Report to the BCC. Mr. Labrador stated that he felt there should not be too many goals for HAAB. He suggested that hiring be a focus and raising awareness about HAAB in neighborhoods. There was discussion about providing this information to Sheriff Hunter and to assist him in reaching the proposed 25% goal for hiring. Mr. Perez talked about visiting a commission in Miami and finding that the County body similar to HAAB was not accomplishing things. There was discussion about areas of focus for each member. Ms. Calkins and Mr. VanFleet were to be assigned to the School Board and Education field. Ms. Pagan volunteered to help improve communication through the Hispanic media. There was also discussion about County hiring and health issues confronting the Hispanic population. Mr. Labrador volunteered to continue his work with the Sheriff's Office. Mr. Perez agreed that he would attempt to work with Human Resources for the County. Mr. Correa agreed to work within the court system while Mr. Gonzalez agreed to work with the Sheriff and Mr. Cabral was noted as someone who was very familiar with the Child Protection area and possibly with health issues. Mr. Labrador hoped to use a meeting in April for fact-finding. He also suggested that HAAB reach out to faith-based organizations. There was also discussion about working with the Guadalupe Center. A motion was made by Mr. Labrador to continue fact finding on hiring Issues for presentation to the BCC. This motion was seconded by Mr. Gonzalez and passed 6-0. Next, the members discussed a HAAB workshop to be conducted in the Sunshine. There was discussion about holding a meeting in Immokalee or Golden Gate. There was discussion about time for members to attend such a workshop. Mr. Labrador suggested that there be two such sessions before summer break. Mr. Correa moved and Mr. Gonzalez seconded holding a workshop on or around April 21, 2005 in addition to the regular HAAB meeting. The next item discussed was the opinion of the Office of the County Attorney concerning the scope of HAAB authority. Generally, the opinion was that HAAB was limited to making recommendations to the BCC and also performing fact-finding and focus group functions to identify problems unique to the Hispanic community for the Board. There next was discussion about the selective enforcement issue involving Mr. Valdes and the preparation of a letter from HAAB on behalf of Mr. Valdes. Mr. Perez stated he did not believe such a letter was within the mission of the HAAB. There was discussion about drafting the letter among Ms. Calkins and Mr. Gonzalez and Mr. Labrador and about the appropriate agency. Mr. Gonzalez indicated that he would draft the letter and there was discussion about sending it to the Sheriff's Office and the Civil Rights Division of the Justice Department. Mr. Labrador stated that the HAAB would compose a letter to the Civil Rights Division and the Sheriff's Office raising the question of selective enforcement in connection with Mr. Valdes. 3 /b~ /Bif Mr. Perez opposed the letter and moved not to proceed. This motion died for lack of a second and the original motion by Mr. Labrador and seconded by Mr. Gonzalez to proceed with the letter passed 5-1. There was a decision to table discussion of Mr. VanFleet's revisions of the 10 Point Plan for the CCSO until the next meeting. Mr. Valdes spoke at Public Comment and offered the use of his newspaper to advertise HAAB functions. Mr. Perez voiced his opposition to such a procedure. Mr. Labrador moved to adjourn and Mr. Gonzalez seconded. The motion passed 6-0 and the meeting was adjourned at 7:55 p.m. Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison. APPAr~~~'\ the ~6;~.iC Affairs AdViSOMd on C-Y, HAAB Chairman rJ~ ~y of 4 /h2 / /35 / Fiala Halas Henning Coyle Coletta Call to order / 'COl.LIER COUNTY LIBRARY ADVISORY BOARD / - Wednesday, March 30, 2005 V ,// Headquarters Library / AGENDA V ~,~~EIVED fPk%11m Approval of Minutes Board of County CommiSsioners Board of County Commissioners Literacy Program Report Report of Officers Communications a - written b - Personal Unfinished Business 1. Employee of the Month - March 2. Golden Gate Library Construction 3. South Regional Library 4. Automation 5. New Assistant Director 6. FY06 Budget New Business General Considerations Director's Report :~'?-::~:7?:::::'::::;:';::;::::~:~'..~~~~ ~.~~;~::':i~~~:' ~."'J\.,,^, 'Q"'." ......'. J 1 , t . ! t t l , Misc. Cones: O"te:~ 11,,"'H Li -j~) l \2.... 5 "\,J2~,' ~ ~ ~; ~ 1 'I Report of the Friends I i i.~, , , j .\ 1 '. j '! Co:i:c51o: J ",', ~.,._. .., A _.:.,.::,:",:::':::;":'~;,"';"~:,',;::::::l . ~#..~~..~l;t"""'.,.WH.."?IfI."""""""""'4- Adjournment #fII+'14~:.'~.. /~:z /i>5 Naples, Florida, February 23,2005 LET IT BE KNOWN that the LIDRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Doris J. Lewis VICE-CHAIR: Sabina Musci Karen Louwsma Loretta Murray Andrew Reiss ALSO PRESENT: Marilyn Matthes, Library Director Ardyn Long, President, FOL Luz Pietri, Admin. Assistant Mrs. Lewis welcomed the newest member of the Board, Mrs. Karen Louwsma. APPROVAL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of February 23,2005. There being none, Ms. Musci moved, seconded by Mrs. Murray and carried unanimously, that the minutes be approved as submitted. REPORT OF OFFICERS - None COMMUNICATIONS The Board discussed a couple of articles that had appeared in the Naples Daily News in reference to the Friends of the Library and the parking problem at the HQ Library. UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employee ofthe Month. Mr. Reiss moved, seconded by Mrs. Murray and carried unanimously, to select Roberta Reiss from the East Naples Branch, as Employee of the Month for February 2005. In reference to the Golden Gate Library construction, Mrs. Matthes reported that the County staff is considering building on the retention pond and then tearing down the existing building to replace the retention pond. In reference to the South Regional Library plans, Mrs. Matthes said she was still waiting to hear from the BCC on the counter offer with ECC. NEW BUSINESS - None 16:z. 1135 GENERAL CONSIDERATIONS - None DIRECTOR'S REPORT Mrs. Matthes stated that the County is considering the development of a new Impact Fee Study, which would increase funds. In the Fiscal Year 2006 budget request, the Library is requesting 1 and a half new positions. Capital funds will be used for some remodeling at the Naples Branch. This project will be started in the summer. Mrs. Matthes also reported that the patron who donated money for the addition of a meeting room at the Marco Island Branch is also donating funds for the construction of the museum at that location. Mrs. Matthes reported that the automation RFP's had gone out for bid and were due on March 1 i\ 2005. Lastly, Mrs. Matthes stated that interviews for the Assistant Director position would be taking place soon. REPORT OF THE FRIENDS Mr. Long stated that the Friends are still trying to find new ideas to raise funds and to increase membership. He said he was open to any suggestions. ADJOURNMENT There being no further business to come before the Library Advisory Board, Ms. Musci moved, seconded by Mrs. Louwsma and carried unanimously, that the meeting be adjourned. Time: 2:55 p.m. lIP:/.- /8b Fia'a / ~ / = Halas ('// Henning ../ Coyle L/ Coletta RECE\\IEO ~PR " , 2005 mISSiOners d of county com Boar PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDA Y APRIL 6TH 2005 . NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY SUB-COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDAY APRIL.6~ 2005 at 1 :30pm 1. Roll Call 2. Approval of Minutes of the February 2, 2005 Meeting 3. Audience Participation 4. Beach Renourishment - Ms. Heidi Kulpa - Mr. Gary McAlphin - CAC Sub-committee on passes. Fiscal Year 2005 and projected 2006 Clam Pass work in the CAC program. Beach nourishment profiles and quantities for the Pelican Bay portion. - Status of the County beach nourishment project. Status of the Corps of Engineers restudy of the Federal Collier County Bcach Restoration Project 5. Rcnewal of the Monitoring Permit 6. Committee Requests 7. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MA ITER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay - located in the County' s Disttii:.f~::~?--~:':~:"~~:::'''~:-:::::'::'''''''-l'''''''~'''""",,,,,,,,,,,,, f Misc. Corres: ":"::::::::'::::'::.,:,~::;:': ! Date: .wJ~p)/15 ~ j .. 1 f liu;d! )Lot.J:) \ ~t AA_ " I f. U1V\.. f ~ CDp;e$ To:i ~;~:::~~~,..,~,,~-,._..._.:.;~. ,..-~.L, ,,,,,,'-.t.~l ."~''''~~'~~'_::::~;;>~:~;::;7';';;;;: liP ~ 15C:> PELICAN BAY SERVICES DIVISION RECEIVED APR 0 1 2005 Municipal Services Taxing and Benefit Unit Board of County Commissioners NOTICE OF PUBLIC MEETING WEDNESDA Y APRIL 6TH 2005 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BA Y BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDAY APRIL 6, 2005 at 3 :OOpm 1. Roll Call 2. Approval of minutes of the March 2, 2005 Board meeting 3. Acknowledgement of Members Appointed to the Board March 2005 Chris Sutphin Residential 2nd term Jim Burke Residential 2nd term John Domenie Residential 2nd term John Boland Residential 1st term Matthew Mathias Commercial 1 st term 4. Acknowledgement of the one member leaving this Board after serving 12 years (three terms) - Mr. George Werner. 5. Election of Chairman - Mr. Chris Sutphin presiding 6. Election of Vice Chairman 7. Chairman's Comments Pelican Post Board monthly reporter replacing Mr. Werner Budget and Clam Bay Sub-committee mid-month Post reports (Nov thru May) to be appointed by Sub-committee Chairs. Meeting with Commissioner Halas - Mar 24th. Annexation-Foundation Town Hall meetings Condominium meetings Consent activity Uninsured assets - Our concerns Vanderbilt Beach Garage approval. Mr. Ross Obley's letter to JAC and response East of the berm project update after committee review Foundation Meetings. Four new Board members-One to replace a 3/15/05 resignation-2 year term. 8. Public Participation 9. Sub-committee Reports Clam Bay Sub-committee Interior Channels Clam Bay Annual Monitoring and Improvement Schedule Cattails Clam Bay Environmental Consultant Budget Sub-committee /~:z {8b Review, modify if necessary, and approve Levels of Service for Fiscal Year 2006 Budget related annexation issues: Balance Sheet Concerns Meeting with Foundation Audit and Budget Committee 10. Administrator's Overview Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements Community Issues Sidewalk Overlays and Repairs Tree Replacement from Hurricane Charley Easement Encroachment Hurricane Charley Storm Damage 11. Committee Requests 12. Adjourn ADDITIONALLY, TillS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECf TO ANY MATTER CONSIDERED AT THIS MEETING, HE Wil..L NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WillCH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT TillS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay -located in the County's District 2 !f&,2 I Be:, PELICAN BAY SERVICES DIVISION BOARD MEETING March 2, 2005 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, March 2, 2005 at 2:00 P.M. at The Commons. 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. James Carroll. Chairman Mr. Christopher Sutphin, Vice Chairman Mr. M. James Burke Mr. John Domenie Mr. John laizzo Mr. David Nordhoff Mr. David Roellig Mr. Donald Spanier Mr. Edward Staros Mr. George Werner ALSO PRESENT: Twelve (12) Pelican Bay residents; Mr. Leo Ochs, Deputy County Manager; Ms. Winona Stone, Assistant to the County Manager; Messrs. Gerhard Seblatnigg and Bob Uek, Pelican Bay Foundation; Deputy Carmine Marceno, Collier County Sheriff's Office; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. 2. 3. Roll Call Approval of Minutes of the February 2,2005 Meeting Chairman's Report Annexation Foundation Annexation Committee Presentation Friday, February 181h Town Hall Meeting Deputy County Manager Leo Ochs to join us My letter to all Property Owners Ballots/March 151 Candidate Meeting Budget Item - More street lighting along the Boulevard Foundation Issues Sub-committee Reports Clam Bay Sub-committee Interior Channels Clam Bay Annual Monitoring and Improvement Schedule Clam Bay Environmental Consultant Budget Sub-committee Review of Fiscal Year 2005 Capital Program Status Review recommended Capital Programs for Fiscal Year 2006 and beyond Uninsured Assets Collier County's position versus PBSD What if disaster strikes - a scenario (Jim Ward) Administrator's Overview Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements Community Issues Sidewalk Overlays and Repairs Tree Replacement from Hurricane Charley Hurricane Charley Storm Damage Committee Requests Public Participation 4. 5. 6. 7. t...-) \)Il 105 'LOQ:; 7\ ~\j) (lOlS /~:J. 113 b Pelican Bay Services Division Board March 2, 2005 8. Adjourn ROLL CALL Mr. Carroll asked that the Record reflect that all members are present. APPROV AL OF THE MINUTES OF THE FEBRUARY 2. 2005 REGULAR MEETING Mr. Werner moved, seconded by Mr. Domen/e and approved unanimously the Minutes of the February 2, 2005 regular meeting. -~----- - ~ - - -~-- F.OUNDATION ANNEXATION COMMITTEE PRESENTATION Mr. Carroll stated, "I am going to alter the agenda in order to allow the Foundation's Annexation group to provide their presentation firsr. There was a town hall meeting on Friday and I was invited to attend. I have heard most of this presentation and I am sure others of you have also. It still seems quite appropriate that our entire Board hears this message and has the opportunity to ask questions. Messrs. Gerhard Seblatnigg and Bob Uek of the Pelican Bay Foundation gave a detailed Power Point Presentation of the Pelican Bay Annexation issue. A copy of the Power Point slides and Mr. John Domenie's comments have been added as attachments to these Minutes. MY LETTER TO ALL PROPERTY OWNERS Mr. Carroll stated, "I did send out a letter to all property owners and have had a lot of favorable comments from the letter". I did wonder whether there was any further reason for me to distribute that letter, such as placing it in the Pelican Bay Post or the Naples Daily News? Mr. Burke stated, "I would say that you do both". Mr. Nordhoff asked, 'Why would you put it in the Naples Daily News, that goes far beyond our purview"? Mr. Carroll replied, "Everybody else does". Mr. Nordhoff stated, 'We don't have to do it because everybody else does". I think putting it in the Pelican Bay Post would be sufficient. Mr. laizzo stated, "If everyone has received it, why repeat it, people might think that is a little ridiculous". 6019 liP ::J. I g, b Pelican Bay Servicss Division Soard March 2, 2005 Mr. Seidel asked, 'When did the letter get sent"? I have not received a letter at my residence, Mr. Carroll replied. "Approximately one week ago", Mrs. Smith stated. "The letters were sent to the address that is on record, for your particular property, with the Collier County Property Appraiser's Office". Mr, Seidel stated. "I did not get my letter". Mrs. Smith replied. ''The letters were sent to whatever address is on record for the tax rolls", The label$-are,.pro.vided to:us bytheP.Ioperty Appraiser's Office. You might check with the Property Appraisers Office to see what address they have on record for you and where your letter may have been sent. BALLOTS/MARCH 1ST CANDIDATE MEETING Mr. Carroll stated, ''The election process is on its' way". The ballots can be sent in by March 11 th. BUDGET ITEM - MORE STREET LIGHTING ALONG PELICAN BAY BOULEVARD Mr. Carroll stated. "I have one budget item. regarding street lighting, but I will bring it up later in the meeting", FOUNDATION ISSUES Mr. Carroll stated, "The Foundation did discuss the East Berm Project". Mrs. Karkoski, who reported at our last meeting, made the same report to the Foundation. We are all alert to her concerns and the people that she is representing. SUB-COMMITTEE REPORTS CLAM BAY SUB-COMMITTEE INTERIOR CHANNELS Mr. Burke stated, "In the Power Pomt report, you can read that the interior channel project is right on, if not ahead. of schedule", Mr. Burke asked. "When is the one hundred and fifty days for completion up"? Mr, Lukasz replied, "Sometime In April". Mr. Werner asked, "Has the second Phase been started"? Mr, Burke replied, "Yes, ana all of the work will be done sometime in April", (J020 /6..2 IB/:; Pelican Bay Services Division Board March 2, 2005 CLAM BAY ENVIRONMENT AL CONSULT ANT Mr. Burke stated, ''The Selection Committee Meeting was held on February 23,2005". At that time Turrell & Associates was awarded the contract. I can tell you that in the process, the two companies that submitted proposals provided us with proposals that had to be gone through, in order to be evaluated. There were two good proposals submitted. Mr. Werner asked, "How long is the contract awarded for"? Mr. Burke replied, ''Two years". Mr. Ward replied, "Two years with one year renewals added to it". Mr. Roellig asked, 'Who was the other firm who submitted a proposal"? Mr. Burke replied, "Calvin, Giordano & Associates". One of the obvious things, in having to compete with a company that has been doing a job for a number of years, is that Turrell & Associates can nail the proposal. The other companies have to skip around somewhat. BEACH RENOURISHMENT Mr. Burke stated, "I attended the Coastal Advisory Meeting and heard Mr. Ron Hovell say that he is not holding up much hope for the Federal permits for beach renourishment in the near future". Mr. Hovell is saying that he is just not counting on them. If that holds true, beach renourishment is going to keep getting pushed back. Mr. Roellig stated, ''This points out a problem with the County". The County has nobody on staff that is doing anything about this. Mr. Hovell has transferred to another position. It is another case of the County not doing their job and they should be vigorously pursuing the permit and they have nothing in place to do that. Mr. Burke stated, "If Mr. Hovell is not in place to do it, it is obvious that the Board members can't do it". Mr. Carroll asked, "Are you talking about Pelican Bay':? Mr. Roellig replied, "No, I am talking about the whole County". Mr. Domenie asked, "Even if we get annexed, it would not matter because it is the County that is doing the renourishment, is that correct"? 6021 /~::t. /Bb Pelican Bay Services Division Board March 2, 2005 Mr. Roellig replied. '" beHeve the City is doing more to try to move the process along than the County". Mr. Carroll asked, "Is there anything we should be doing to move it along"? Mr. Roellig replied, "I would rather not get into that". I think the County is irresponsible and I don't think we are in a position to take on the responsibility. Mr. Roellig stated, '" want the Board and audience to know that tomorrow at 1 :00 PM, Ms. Kathy Worley of the Conservancy, is going to give a presentation, in the Conservancy Auditorium, on -the results of her. study".' We have never gotten a lot of information from Ms. Worley over the years. I have no idea what her report is going to contain. Mr. Carroll asked, "Is she going to publish her report"? Mr. Roellig replied. "I guess I will find that out tomorrow", Mr. Carroll stated, "We should be entitled to one of those reports". Mr. Sutphin asked. "Did we subsidize her for some work"? Mr. Roellig replied, "That was a big bone of contention", We all felt that she was doing this for her Master's Degree and she never provided us with any feedback. Mr. Roellig stated. "I was recently elected to the Board of Directors of the Estuary Conservation Association". The Estuary Conservation Association is mainly interested in the Wiggins Pass area. The first meeting IS next Wednesday. I don't consider this a conflict of interest. even though they Will be looking at Vanderbilt Lagoon and all of the problems associated with Wiggins Pass. Their big concern is with the navigation in Wiggins Pass and the erosion problems. When I found out about this appointment, I contacted the County to see what was happening about the Vanderbilt Beach Lagoon and I went to the Corps of Engineers for their study. I found out from the County, by another person who picked up the ball, that the Corps of Engineers has not budgeted any money and the County has not been active to do anything about It. The Corps has offered to do the study, but there has been no follow up from the County again. Even though we talked about this two years ago, there has apparently been no follow up done by the County, BUDGET SUB-COMMITTEE (1022 /0:]... IBb Pelican Bay Services Division Board March 2, 2005 REVIEW OF FISCAL YEAR 2005 CAPITAL PROGRAM STATUS Mr. Sutphin stated, "At the Budget Sub-committee Meeting, we reviewed a preliminary list of the Capital Programs for Fiscal Year 2006, as well as a review of those programs that are in this year's budget". There was also a first cut of projects proposed for Fiscal Years 2007 through 2009. The first page is non-Clam Bay Capital Projects. The first one I would like to deal with is the Community Master Plan. It is in this year's budget and rolling into next year's budget. I know it is contained in the Minutes somewhere, but when we put it in the Budget, it was on the premise that it be a joint program in conjunction with the Foundation. Since the ,Foundation's' stated plans call for elimination of the Services Division, I feel it is highly unlikely that they would be willing to join us in a joint program for a Community Master Plan. I, therefore, recommend that we eliminate it. That we cancel it for Fiscal Year 2005 and we not include it in the Fiscal Year 2006 Budget. Does that require a motion? Mr. Ward replied, "No". Mr. Carroll stated, "I did talk to Mr. Seblatnigg about that to see whether they might have any interest". We seem to hang up on the philosophical thought that any community, such as ours, ought to have a long term Master Plan. Based on what we tried to do last year and ran into difficulty, 1 don't think we could agree that this was the time. We have annexation kicking around, but I hate to lose the idea of wanting to keep asking ourselves of whether or not we want to do a Master Plan. Maybe we don't need $50,000 in the budget to bring it up each year. It is untimely now, but may be timely a year from now. Mr. Sutphin stated, ''The other reason I think that it would be prudent to eliminate it is that as we go through these items, simply because of beach renourishment the assessment for Capital Programs would go up in 2006, over 2005". I think that we ought to do anything we can to ameliorate that. I am recommending that we take it out. Mr. Domenie asked, "You are taking it out of Fiscal Year 2005"? That budget has been approved, Mr. Sutphin replied, ''That does not mean that you have to spend it". 6023 /fo2 IBb Pelican Bay Services Division Board March 2, 2005 Mr. Domenie stated. "I agree, but are you going to take it out of the budget or just not spend it"? Mr. Ward replied, "We don't have to spend it, it will just fall down into Fund Balance". Mr. Carroll stated, 'We don't need to do anything". We need to give Mr. Sutphin direction as far as taking it out or not. Mr. Sutphin replied. "As far as I am concerned, it is out of the budget". The only other non-Clam Bay item for next year, is the continuation of the work now being done in Systems III and IV and- exten.ding:that,work into Systems=11 and I. This is work on the east side of the berm. There was a potential red flag at our last meeting, by Mrs. Karkoski, complaining of the work. As we have discussed, this is a joint program between the Services Division, the Foundation and the condominium associations, which appeared to have universal support. At this point I am only interested in the budgeting aspect of it. If this is going to become another controversial program, then I would propose that we drop it. Mr. laizzo stated, "I second that". Mr. Carroll stated, "I don't agree with that". We have been trying to conduct ourselves in a way that would reassure those folks, who signed the petition with some concerns, on the method we were going to use. I think the recent article by Mr. Domenie got very specific about the program and reinforces what we are saying. The one thing that was pointed out to us, was the concern for our taking out dead trees, which Mr. Lukasz has no problem in changing his mode of operation and not doing that. I feel that program should continue. Mr, Werner stated. " I think you had a motion to eliminate it", Mr. laizzo stated, '" think you need to clean what needs to be cleaned, or undesirables that need to come out", I would not enhance that area. It does not need an enhancement. It is a natural environment, leave it be. Mr. Werner stated. "I cannot remember the numbers, but I do know that of the $200,000, $120,000 was to be used to fix the berm and the grass around it". Mr. Carroll repliea. "Yes, and that work has been done". Mr. Werner statea.'That is part of the S200,000", !lU2..+ /b:::L / l>b Pelican Bay Services Division Board March 2, 2005 Mr. Sutphin stated, "I would like to not debate the specifics of a program". This is about budgeting for next year. Do we leave money in the budget to continue the work now being done is Systems III and IV, southward into Systems II and I? Mr. Domenie asked, "Do we need $200,000 for Systems I and II? Mr. Ward replied, "Systems I and II are in the same shape as Systems III and IV". Mr. Domenie asked, "How far does System I go"? Mr. Ward replied, "As far south as the Registry Hotel". Mr. Domenie stated, ''There is not much east of that area.. from the,Commons down to the Registry". There are two buildings, which have done some cleaning up. Mr. Sutphin stated, "Those program details can be debated when you approve a projecf. Mr. Domenie stated, "I am questioning why $200,000 when I don't see a great need for it". Mr. Ward replied, "As Mr. Sutphin indicated, you will actually flush that out as a detailed part of the budget, but the program is a good program". Once the Budget Sub-committee gets into the specifics of what you get for the $200,000, the number might go up or down. Mr. Domenie stated, ''Those numbers would get refined as long as there is a consensus that we leave the program in the budget". Mr. Nordhoff stated, "Let's leave the program in the budget". Mr. Carroll stated, 'We ought to leave it in there". Is there a motion? Mr. Ward replied, "It does not require a motion". Mr. Carroll stated, "I had one item and that is to ask about the possibility of more street lighting along Pelican Bay Boulevard". One issue is that the trees block the lights and in another case, the boulevard just simply needs more lighting fixtures. Does anyone else share this concern? Mr. Domenie replied, "I do". I commented sometime ago on the fact that trees were blocking the lights. Mr. Carroll stated, "1 feel that it is not light enough to drive safety there at 10:00 PM at night, at least in the areas where I drive". 6025 I (;;, .:::r.... 186 Pelican Bay Services Division Board March 2, 2005 Mr. Roellig stated, "It has been quite a few years since we have looked at that issue and I am sure it could be re-evaluated", Mr. Ward stated, "The biggest issue is that the underground electric system is not sufficient to handle more lights". To add more lights you have to redo the entire electrical system. Mr. Sutphin asked, "Mr. Ward, are there more efficient lights, with higher intensity, that can be used in the existing system"? Mr. Ward replied, "You can put in higher intensity lamps, but you have dark spots between poles and all that would do is in~ase the amount of light under the existing pole", It would not spread the light more. Mr. Carroll asked, 'What about trimming the trees so that the lights we have can be opened up"? Mr. Ward replied, "We did a lot of that trimming when the lights were installed, but we can look at that". I am sure they have grown a lot recently. Mr. Sutphin stated, "I am ignoring Fiscal Year 2007 and beyond". I shudder at the discussion about spending $900,000 on Oakmont Lake and I would rather do that at another time and it is not relevant to next year's budget. Mr, Sutphin stated, "Moving on with the Clam Bay Improvement Program; the major item, which dominates the Capital spending for Fiscal Year 2006, is Beach Renourishment". I heard the first indication today that it may not happen next year. Beach Renourishment has a major impact on our assessment. It drives the Capital Assessment and I guess the only thing that I can ask Mr. Burke is that between now and May, when we need to put this budget to bed, we have as educated a prognosis as possible on whether or not it is going to happen. Mr. Burke replied. "I will try to get it sooner". Mr. Sutphin stated, ''The replacement of irrigation systems has been pushed out for a number of years", That has always been the easiest thing to defer. If beach renourishment is not going to happen. then we should probably consider bringing some of that work in, because at some point in time those systems are gOing to wear out and not work. (,()~() /02 IBb Pelican Bay Services Division Board March 2, 2005 Mr. Ward stated, "I agree, they are getting to the end of their useful life and need to be dealt with". Mr. Domenie stated, "In other words, do the same thing as we did this year". Mr. Carroll stated, ''That depends on whether Mr. Burke can find out if we are going to spend that money on Beach Renourishment". Mr. Sutphin stated, "From a practical standpoint, we have approximately sixty days before we have need to hone in on an actual number for next year". As it stands, if we haven't done anything, it would mean an increase of $40.00 in the Non-ad valorem -Assessment for Capital Projects from year to year. I think some of the things that we have been talking about, such as whether nor Beach Renourishment will happen or not, I want to get under control, but I don't want to get anyone alarmed. UNINSURED ASSETS COLLIER COUNTY'S POSITION VERSUS PBSD WHAT IF DISASTER STRIKES - A SCENARIO (JIM WARD) Mr. Sutphin continued, ''The second part of what I have, deals with an examination of Uninsured Assets". I wanted to see how we stacked up against Collier County, in terms of our Uninsured Asset Reserves. The first question I asked was, what Reserves does the County carry and that was pretty simple. They don't have any. We have a dedicated Uninsured Asset Reserve, which is approximately $1,000,000. I asked how the County's Reserves were funded? Obviously, since they don't have any, they are not funded. I asked the question, in the event of a disaster can Pelican Bay draw on County Reserves and "not in our lifetime" was the reply I received, so we can forget that. Mr. Sutphin stated, "As the second part of the exercise, I asked Mr. Ward to come up the most likely scenario if Collier County suffered a major hit from a hurricane". I picked the number of $20,000,000 worth of damage in the County, of which $5,900,000 was in Pelican Bay. If you turn the page you will see the exercise. Mr. Ward stated. "I want you to know that I am not nearly this smart, so I gave one of my staff members free rein to write whatever they wanted to write". 6027 / (P::r 1& Pelican Bay Services Division Board March 2, 2005 Mr. Sutphin stated, "I learned a couple of things from this", After hearing a couple of successive discussions, that it would be extremely difficult for us to borrow to fund operations, I am now told that in the event of a disaster it would probably be relatively easy. We could, in fact, along with the County being essentially in the same boat that we would be in, get permission to borrow, on an emergency basis, so that we would not be in the situation that they are in Charlotte County with debris still sitting around six months after the storm. This is basically what would probably happen if the County did not attack our Uninsured Assets Reserve. Mr.- Sutp.hin ~onti.nued, "You willse.e.:ti'lat the second thing that I learned as a result of this exercise, is that they can and could come and take our $1,000,000". Mr. laizzo asked, "How can they do that"? Mr. Ward replied, "In the event of an emergency, the County has the ability to utilize its' health, safety and welfare powers, under the current constitution, to utilize funds". I am not saying that they would never have to replace it, statutorily they would, but they could use that money if necessary. The County does have a self-funded insurance policy in place, for some of its' assets, in the event of a natural disaster. Some of the larger more expensive assets would probably fall under that policy. Whatever it is funded at in the current system, is what is going to be available and I do not remember the numbers that I was provided. Mr. Sutphin stated, ''What I got out of this exercise was that. yes. we could borrow and in the event of a disaster, the wheels would get greased at the County level so that we could participate in whatever borrowing activity that the County was engaged in". This is all about cash and any borrowing would take weeks. If we want to be in a pOSition to respond to a disaster, we still need that cash reserve in the bank, because nothing gets done without the ability to pay for it. Mr, Carroll asked. ''What would happen if we annex"? Mr. Sutphin replied, "I have no Idea". Mr. Carroll asked, "Does the City of Napes have any Uninsured Assets"? Mr. Ward replied. "I know nothing about the City of Naples system". Mr. Carroll stated, "If we had a hurricane the County would then be obligated to take care of their assets also" o02S /bI tBb Pelican Bay Services Division Board March 2, 2005 Mr. Ward replied, "No, they are separate governments". Mr. Werner stated. "At the Budget Sub-committee Meeting, Mr. Ward told us that the hard assets such as street lights, street signs and entrance markers are insured". Mr. Ward was going to try to find out what the deductible is. I would feel a lot better knowing that. Mr. laizzo asked, 'Who are we insured by"? Mr. Ward replied, "It is a self-insurance pool and is self-funded by the County". The County has its' own cash to fund it's insurance requirements. Mr. StJtphin stated, "Basically, there is no deductible". Mr. Ward asked, "Mr. Lukasz, do you remember the deductible"? Mr. Lukasz stated, "On the smaller items it has been approximately $500.00". Mr. Ward replied, "It is probably approximately $25.000". I know it is $500.00 on the smaller items. Mr. Sutphin stated, "As I would see a disaster scenario, the $1,000,000 sounds like a lot of money". It is the cash that is required to start to fund the clean up. Forget what is insured and what is not insured, just to get the community back functioning requires cash. If you don't have cash, it doesn't get done. There seems to be no valid reason to increase the size of the Reserve. Conversely, I think it would be dangerous to draw it down to artificially lower the assessment. am recommending no change in the Uninsured Asset Reserve for Fiscal Year 2006. Mr. Domenie asked, 'When we get the $70,000 back from FEMA, will that go back into the Uninsured Asset Fund"? Mr. Ward replied, "Yes". Mr. Sutphin stated, "Mr. Ward has provided a chart on thaf. Mr. Domenie stated, "Yes, but it does not say where the money it will go". Mr. Sutphin stated, "If it comes out of Reserves, it will,go back into Reserves". Mr. Nordhoff stated. "Since hurricane season is going to be here before a vote for annexation and the possible loss of our $1,000,000, we ought to keep it in the budget for this coming year". 6029 /~.:z 19b Pelican Bay Services Division Board March 2, 2005 Mr. Sutphin stated, "In rough numbers. the net charge to the Reserves is going to end up being approximately $45,000", Mr. Ward replied, "$65,000". Mr. Sutphin stated, 'Which gets made up by interest income over a couple of years". Mr. Ward replied, "Yes, it would be made up in another couple of years, if you chose not to replace it next year". Mr. Sutphin stated, "There is $9.00 included in the budget and if we wanted to take it out to save a couple.of dollars; we can". Mr. Nordhoff stated. "For $9.00 we should leave it in the budget". ADMINISTRATOR'S OVERVIEW CAPIT Al PROJECTS IRRIGATION AND LANDSCAPING IMPROVEMNTS Mr. Ward stated. "I have included a revised schedule for the landscaping and irrigation improvements, which has not really changed since last month". It is on target to be awarded by the Board of County Commissioners in early April, consistent with what our previous schedules have been to move this process to post-season. COMMUNITY ISSUES SIDEWALK OVERLAYS AND REPAIRS Mr. Ward stated, "I did enclose In your agenda package, the break down of the estimates from Bonness". We had interest today from the Transportation Department with regard to that project. The Transportation Department is now looking at whether or not they will pay for it. They have done that a dozen times over the last two years. I handed my proposal to Mr. Ochs and told him that he needed to fix his Transportation Department. The difference between a feathered edge and a tie-in edge is really an ADA issue. It is easier to deal with wheelchairs on sidewalks and how they are tied into driveways that cross them. It co~ts a little more money to do that, but in this day and age, that is the one issue that you get to deal with a lot. If you are going to do it, you might as well spend the money and have the ADA issues dealt with. :,0:;0 /~.:z IEb Pelican Bay Services Division Board March 2, 2005 Mr. Werner stated, "My concern is that once you pay for it, you are going to be doing it forever". The County has taken care of it in the past and may be a little remiss, or they may be waiting to see if we are annexed. I would hesitate to spend the money to set the precedent. Mr. laizzo stated, "Just do it and bill the County". Mr. Ward replied, ''The billing is easy, the collection is the hard part". Mr. Sutphin stated, ''There has to be some pride at some level over there, can't we embarrass them into getting this work done"? Mr. Ward replied, 'We have repeatedly asked. and Mr. Carroll has dean. with the Commissioner on this issue". I think it is what it is at this point in time. If you don't want to pay for it, we will just leave it on the schedule and one of these glorious days it will get done. Persistence pays off. TREE REPLACEMENT FROM HURRICANE CHARLEY Mr. Ward stated, ''The tree replacement is scheduled to be concluded shortly". HURRICANE CHARLEY STORM DAMAGE Mr. Ward stated, 'We will keep the Hurricane Charley Storm Damage Report in this package until such time as we receive the money back from FEMA". COMMITTEE REQUESTS US 41 liGHTING Mr. Carroll stated, "I asked for an update on the US 41 lighting and I received a report on it". The lighting reports and calculations were sent to FOOT on January 31s1 for approval. Once a Notice to Proceed has been issued, it can be put out for bid and then construction will happen. We are looking at getting the lights bid this spring and, hopefully, be done by the end of the year. Mr. Sutphin asked, "Is that the State paying for the work"? Mr. Carroll replied, "Yes, the County and State, we ~re not paying for it". PELICAN BAY POST Mr. Carroll stated, "Mr. Werner has been writing our articles for the Pelican Bay Post and he will leaving our Board at the end of his term this month". We are going to need a volunteer to take his job. I don't need it now, but I know many of you will be interested in that job. 6031 /0.:z. I S6 Pelican Bay Services Division Board March 2, 2005 Mr. Domenie asked, "Can we hire Mr. Werner to write the articles for us"? Mr. Carroll replied. "I am already trying to get him to agree to do one more article". He will have to attend our next meeting in order to do that. Mr. Werner replied. "Yes, just for this article". The Pelican Bay Post has deadlines and they are two or three weeks in advance of the publication. I don't pay any attention to the deadline; I try to write this article the day after our meeting and send it in. Mr, Sutphin stated, "That is exactly how I did it". If you don't, you forget. Mr, CarroJI stated;, "You are not always sure when it is gOing to get published when you do it that way". Mr. Werner stated, "You can't do it any quicker than the day after the meeting". TOWN HALL MEETING Mr. Nordhoff asked, "Are we still interested in doing a town hall meeting"? Mr. Staros stated, "I had volunteered the use of the Ballroom for a town hall meeting at the Ritz Carlton Hotel and I found two dates that could accommodate such a meeting". The dates the room would be available are March 28lh and May 2th, Mr. Carroll stated, "We appreciate that". Mr. Burke what is your feeling on this. since you volunteered to sponsor the meeting? Mr. Burke replied, "I think that more than ever we need to do it". I think the Women's League would join with us in co-sponsoring the meeting and put their name to it. Two neutral organizations to get the spin out of it and the service providers in front of the populace and allow the populace go at the service providers. Mr. laizzo stated, 'We need to know about the water, sewer and reuse water for irrigation" . Mr. Burke stated, "The concern that I would have is, the North Naples Fire District is ready to roll, but will the City and/or County be ready by March 28th to talk reality"? Mr. Nordhoff stated, "When you get to the end of May and you have so may people gone, you run into having only twenty people show up for a meeting". Why bother? (lOY2 /6 :z. /B6 Pelican Bay Services Division Board March 2, 2005 Mr. Domenie stated, "If we can postpone it until later this year, during November or December, or just before the election takes place, that would be the right time to do if'. By that time we would know about the water, sewer, etc. Mr. Spanier stated, "I am not comfortable with that". I find it very difficult to be lulled into a sense of security, by the assurances that we are getting, that nothing is going to happen before February 2006. It is very difficult to think of any reason why such smart people, as the ones that are driving the pro-annexation communication machine, would spend this large amount of energy and effort almost a year in advance, for it to do any good. The peopte who are the-consl:Jmers of the town hall meetings now, are going to have forgotten or lost interest by the time they come back next year. That has led me to believe that there could well be an ace in the hole, which would lead to a precipitous special election sometime in the Spring or early Summer. Otherwise, the communication makes no sense to me. I think that the need for what would amount to a counter balancing event, if not a rebuttal of this line, is very much in order and if we can't do it by March 28lh it may be that we should look to the possibility of a church or some other alternative venue. I think this is very important. I am very impressed by the large amount of time and effort that this group is putting into this, in comparison to trying to negotiate a conciliated settlement with Gulf Bay Development. There, the only strategy is to throw another $450,000 at the lawyers. There is something in the back of their minds that suggests that we need the meeting that Mr. Burke has proposed. Mr. Carroll stated, '" tried to get at that, but Mr. Uek said something to the effect that he thinks the City's timing is tied into their election". He was guessing that it was important to the City to tie it into the election. I don't know what that means. Mr. Spanier stated, ''There is something wrong here and I would second any motion that Mr. Burke might make to try for a pre-end-of-season evenf'.' . Mr. Burke stated, "If Mr. Lee and Mr. Mudd say that they are not ready to answer the hard questions because they have not been negotiated, it would be another spin session". Mr. Carroll stated. "That is the danger I see also". 6033 /62 IS6 Pelican Bay Services Division Board March 2, 2005 Mr. Spanier asked, "Are you suggesting that there is not going to be any willingness for these two principals to face our public. that is going to have to vote on it, before next fall"? Mr, Carroll replied, "If they did agree to come and then can't answer the questions, it has to be a waste of time". Mr. Nordhoff stated, 'We have heard that it could be up to a judge to decide the issue and that could take months". I think the attitude that it is all in our favor is just arrogance. Mr. Domenie stated, "They are going for a declaratory judgment, but that can be appealed, to higher COl:Jrts -and I have been.tolt:l that could go on as long as three years". I would ask everybody to read my comments when they come out in the Minutes, Mr. laizzo stated, "I am concerned about our water, sewer and irrigation issues". Mr. Ward, does our water come from Goodlette Road to Airport Road? Mr. Ward replied, "Prior to the County assuming that system, the PBID had a well field on Immokalee Road, essentially at the Interstate". I suspect at this point, that the County has integrated that well field into its overall potable system. so it is probably not the sole source of your drinking water. For wastewater purposes, the plant on site has been shut down, so the wastewater for this project is processed at the North Regional Plant and then reuse water is shipped back into the community from that plant. Mr. laizzo asked, 'Where is the reuse water coming from"? Mr. Ward replied. "The North County Regional Plant, which is located on Goodlette Road", Mr. Carroll stated, "We are back to the question of when we ought to do this meeting". Mr. Spanier has a concern, but I keep hearing here that the real concern is for moving ahead and not being able to get answers. Mr. Burke stated, "I think the Foundation has done a great job and I am not questioning anything they are saying or doing, but as a citizen I would like to get the service providers in front of me". I want to ask questions about all of these comparable services and hear it from them. If they are not ready to do it, It would be Just more spin. (103.t /~::z... / B 6 Pelican Bay Services Division Board March 2, 2005 Mr. Werner stated, "I don't think anybody is going to do any more investigating until they get the vote back from the property owners". If they don't vote for it, then annexation is a dead issue. Mr. Carroll stated, ''That is the next thing that has to happen and they are talking about doing that in the next thirty days". Mr. Werner stated, "If that is the case, you are not going to have the results before the end of the month". Even at that, May 2ih is a holiday weekend. Mr. Carroll replied, "Yes, that is Easter". : Mr. Werner replied, ''That is Memorial Day weekend." Mr. Roellig stated, ''There is also a town hall meeting scheduled for March 10th". Mr. Burke stated, "I would suggest that Mr. Carroll talk to Mr. Mudd and ask if there would be any information available by March 281h ". Mr. Carroll replied, "I would be glad to do that, but I know the answer and I think Mr. Lee is going to say the same thing", Mr. Burke stated, "I just don't see how they are going to be ready", Mr. Spanier asked, "Do you think a Resolution from the Board, suggesting to the Foundation that their continuation of these town meetings, in the absence of any hard information on the key issues, is inappropriate and that they ought to be deferred until a period of time next fall, closer to what they assure us will be the election, would help"? Mr. Carroll stated, "I don't think a Resolution will accomplish anything". I believe they are going to do their thing. We are not ready to do it and there are still some concerns. I would be glad to talk to Mr. Mudd and ask him that question, but I think we need to defer this until our next meeting to see what has happened. Mr. Werner mentioned the key point being that the acreage question has to get settled. When that is done, the City has. to take some prompt action and we should be able to get a read at that time. Mr. Seidel- San Marino - "March 281h is the Annual Meeting of the Foundation". AUDINCE PARTICIPATION EAST BERM PROJECT 6035 /6 .:z. 1St> Pelican Bay Services Division Board March 2, 2005 Mrs. Karkoski stated, "I would like to say thank you for the dead trees that you are going to leave". It is really frustrating and this whole annexation issue is because Collier County is not listening to us. I feel that you are not listening to us either. How many signatures do you need before you stop this project, until you really look at the whole environmental ramifications? You keep saying it is not beautification and, yet, it is beautification. If not, what is your reason for starting this to begin with, except that it is going to look better? Basically, my question is, how many signatures would you like me to have in order to revisit this issue? Mr. Carroll replie!:t, "I don~t think numbers of signatures is all that we need". Mrs. Karkoski stated, "I have over three hundred signatures now and I could get more". I would love to have the Board get feedback from the owners. I have gotten these signatures, but how many have you gotten that are for the project, other than the Foundation and the Pelican Bay Services Division? Mr. Carroll replied, "I don't know quite how to respond to you". I think that I would like Mr. Domenie to give you a copy of his report. It is in detail and tells you what we are seeing in terms of mangrove growth and the highly selective process we are using to get rid of the undesirables. I don't know how to reassure you that our intention is not to do anything detrimental to the environment. Mr. Karkoski stated. "That is where we disagree". The limited information that has been provided so far, through the Pelican Bay Post, was not what we envisioned for the berm. Mr. Domenie asked, 'What do you envision"? Mr. Karkoski replied, "Left alone, with the minimum of management that you can". The Collier County Environmental Agency has said that we are only required to remove invasive exotics and that is the Brazilian Pepper, Maleleuca and ten others. Mr. Ward replied, "Right". Mrs. Karkoski stated. "That doesn't mean anything else". This article started out by saying that 400,000 people come through here and it is their first impression of Pelican Bay. You say, replacing with more pleasing plantings. Well, we are pleased with what we see now. The more you mess with the land, the more Impact you have to the mangroves. iJ036 /6.2 /~6 Pelican Bay Services Division Board March 2, 2005 Mr. Domenie asked, "Are you only talking the area east of the berm"? Mrs. Karkoski replied, "Yes, east of the berm". I have no problems with the area west of the berm. Mr. Sutphin stated, "It was my understanding that this project, in addition to having the support of the Foundation, had the support of most, if not all, of the condominium boards along the berm". Mr. Carroll stated, "I don't know whether support is overstating". Mr. Sutphin replied, 'Well they certainly didn't object". Mr. Carroll stated, ''They did not object and the idea was to work with each of them to see what their thoughts were and what they should or should not contribute". Mr. Sutphin stated, "I guess what bothers me, is that we have the master homeowners association that represents every resident of Pelican Bay and the condominium associations that represent every resident that lives along the berm, if not actively supporting, at least agreeing with the project, and a small vocal minority that thinks it is a bad thing". Mrs. Karkoski stated, "I have the signatures of ninety-nine people from the St. Raphael". Mr. Sutphin stated, ''There are seven thousand residential units in Pelican Bay". Mrs. Karkoski replied, 'We really didn't know about any of this". That is the first objection. We did not hear about it until November, when I caught a blurb about it in the Post. My condominium is not for it and 1 have ninety-nine signatures from St Raphael and a lot of signatures from St. Marissa. Mr. laizzo asked, "Can we save this until another time when we can really talk about ir? Mr. Roellig replied, "No, can't this board capture her grief"? Mr. Carroll stated, "I would like you to read Mr. Domenie's report". Mr. Domenie, did you cover the east side of the berm? Mr. Domenie replied, "Yes, briefly". Mrs. Karkoski stated, "Mr. Domenie is the one who brought up the Claridge and Dorchester as something to follow and emulate". I don't know if I really want to read this article, or if it is going to be any better than his first article. 6037 16.:t. /86 Pelican Bay Services Division Board March 2, 2005 Mr. Domenie stated, "This article is only what I have observed". Mrs. Karkoski replied, "I don't want to slam you, it is just that you like the Claridge and the Dorchester and we don't like either one". They are pretty, but it is not natural. Mr. Burke stated, 'When this first came up, wasn't there some emphasis on getting the associations to remove the dead material"? Mr. Domenie replied, "Yes, but then some people said that the dead stuff is nature where woodpeckers and other animals live and they should not be removed". Mr. Carroll stated; "Dead trees, not-othentead stuff". Mr. Burke stated, "I have noticed that with all of the annexation meetings, that there are a couple of people that always get up and there is this embryonic "save the cattail" movement". They make statements like; we can't get rid of the cattails because they support all kinds of natural and animal life. It is a small movement right now, but I suspect that it is going to get bigger. Maybe we have to sell the community on what cattails really are. Mrs. Karkoski stated, "That is what I want this Board to do", Get the Conservancy, the Audubon and other enVIronmentalists on board and let them see what you are doing. If you remove invasive exotics and plant something in its' place, that is appropriate, but don't put in little clumps of nice landscaping. Mr. Domenie asked, "Have we done anything at Crown Colony"? Mr. Lukasz replied, "No, that is the area where the peppers were sprayed and left in place". Mr. Domenie asked, "Are we planning to do anything there"? Mr. Lukasz replied, "No, not unless they clean up all the peppers that were sprayed and left in place". Mrs. Domenie stated, "That is why I was questioning why we need $200,000"? Mr. Lukasz stated, "Going fifty to seventy feet east of the berm is quite a bit of work, even excluding the Crown Colony area". Mr. Werner stated, "I have been on this Board for twelve years and this is the finest and most effective Board I have dealt With", I hope that Messrs. Sutphin, Burke and Domenie get (JO.;S /6.::z. Lh 6 Pelican Bay Services Division Board March 2, 2005 reappointed. Mrs. Smith and Messrs Ward and Lukasz have all been here longer than I have and they have been very professional and have done a good job. I want to thank you; it's been a great twelve years. Mr. Burke stated, "Mr. Werner, I don't now whether I will get reappointed, but it will be a whole different type of meeting without you here". ADJOURN There being no further business the meeting adjourned at 4:45 P.M. James Carroll, Chairman 6039 ~.\ \.li.. '";1.' li.~!l ~~II'. t,b ':~ ~ i""::~".....-"~~ 3 ." ."~" . ..,._ . ..._.. .;...J :,-.!:~ ~: iiAt !~~~~~:' _ 5 j~:L /8-6 :~i ... , 1 What is Annexation? Benefits to Pelican Bay Benefits to City of Naples Infrastructure & Services Remaining Issues Conclusions & Next Steps - -', . .~..' "II: . ..*......._._.........-..~--- -j . ;.i 4, ._-_.~'._~-j i .~ '.1 I 6 If annexation takes place no . Pelican Bay would become part of the City of Naple. . Pelican Bay would still be part of Collier County . Annexation Is NOT Incorporation, i.e., it does not . create a separa~e city ""i:;~~'!f;'i(.:.,~~~f< " .'.~' 11""~"'~f" _.~':~~.:?~~:~Yi;~'''~ . '6:LE ,;~ Il Annexation CRITERIA FOR ANNEXATION Defined by Florida Statute: . Contiguoua to City . Con.ent by owne". of 50% of land to be annexed . City Council approval. "Ordinance of Annexation" . Approval by majority of registered voters in Pelican Bay & the City of Naple. who vote. 9' :l 'BENEFITS TO PEUCAN BAY ::~1. More political representation .1 · Better governance ".~ . Cultural & geographical affinity _! . lower costs for services ..~ '\ 11 i The Process /~:Z I 8b , , . Well-defined by Florida Statutes . Foundation and Property Owners Association exercising careful due dlltgence t~J~ '10"1 Timeline Community input on annexation Approach to Naple. City Council Urban Service. Report Owner con.ent to referendum Development of detailed plan. City Council adoption of annexation ordinance Referendum: Pelican Bay & CIty of Naple. vote GREATER VOICE IN GOVERNMENT Collier Countv . 6 .........I..4lol.... few 6 dlslrtc:tll ~ Pellcen Bay now _ for!!!!!. commiwlo,*, \DlalItCt 2). Cltv of NaDI.. . 6 ~men, mayor IInd vice-mayor lIlec:ted at I~. am", .mire city . PlItIcen Bay will vote for all uxm.... pl.. - county c~r ,~;\~. ..,'-t.~. ,,'t-,"-' ~~;,1~~ 12:: . , / .' I L.; '; ;} Annexation GREATER VOTING INFLUENCE Voting Influence Registered Voters 37,491 5,050 19,171 5,050 Collier County (District 2) Pelican Bay City of Naples. Pelican Bay 13% 26% 13 .Includin!f Pelican .Bay . ' ,,4;.,.........~~' ~,~.~ Annexation IMPORTANT PART OF CITY Collier County Pelican Bay City of Napla.' Pallcan Bay T...abla Valua $ 61.3 billion $ ..6 billion (9%) $111.7 billion $ .4,6 billion (211%) , Including Pallcan Bay 15 :.;. ;, I,._~. J . ,.~:.:...,;.:.....:....'J.l;....w...".J 1 1 Annexation BETTER GOVERNANCE . More responsive elected officials . Similar priorities . Faster permitting . Governing authority for P.U.D. . Public hearings on Site Development Plans (no repeat of Cap d' Antibes) 17 16::L /Bb DECUNING POSITION IN COWER COUNTY Z2n: 2% of county population a Attention to inland areas to east a Different priorities than Pelican Bay 14'" a Even smaller voice a Even Ie.. attention ~r'u.'':; . '. ,7"-r..'o". ~ ,"". '.",' ,:~,." ''''t f~:..,..~:,~~~..................-..w-......-,,-__ <,;'~1 Annexation IMPORTANT PART OF CITY .'j , . i , ,) I t ':;.1 City of Naples. ~:4 Pelican Bay '1 ,~ '. 1& : * lnctudinc Pr-lican 8., Acreage Registered Voters 19,171 5,050 (26%) 11,278 2,104 (19%) ., ':~::', ": · 't~ne~;~o'n GEOGRAPHIC SIMILARITIES ~ ~ '1 , "~ , .1 '-I -" -l oa Both coastal communities a Common interest In beaches . ,Both nearly built out a Many live in Pelican Bay, work or volunteer in City . .~ is' CULTURALLY INTEGRATED . Phllhannonlc Center for the Arts (Pelican Bay) . Sugden Theater (City of Napl.s) . Napl.. Museum of Art (Pelican Bay) . Von Liebig & art gallerie. (City of Naples) .: <'),:,,,,.,~~~i-q;i;:';.i~~,;~::,;.. -. ,,1 :-~'r,i:~:~~~:'i~~~~.l ."is \1 Annexation ~;1 Comparable services will be provided ... Potable Water Reclaimed Water Sewer Waste Removal Slgnage Fire Police Landscaping Streets Lighting 21 Annexation .... for Ie.. in taxes , '~~1 Rate. that would diff.r MlIlaa. ~ QU: ,. ';j' . Nett" NIp'" fire t.OOOO , '., . MSTBU 0.1433 0.1\00. . '; . U.i_.,....I... Co...,. 0.1069 . '1: · CIty Gee.... Fand 1.1600 . '. . oty Debl Ser\'iu O.~9I \ S.blotaI '.'!Ol US9I ] Tola! 11.95-48 11.31.$.$ : . Auum.,. .peci.lla.inc district for manr:rons &. M..he. 23 ' /10 ::]. /86 , ECONOMIC SIMILARmES Collier County City of Naples Pelican Bay Av....g. per Capita ~D8rtv Valu. $142,000 $360,000 $360,000 ". on for less in taxes M!!!m 3.8771 0.1840 0.1415 6.1100 0.0961 0.0347 _ 0.1500 11.00.t6 Rates that would be the same .. Genenl Fund . Waler Management . Big Cypress Basin. !"?:.i~ · School. J'(" . Mosquito control .- :',.",',:,,' . Pollution control .. ,-" '. ~.,:~; . Collier Conaervalion . "::i~. ,:;,.'.: Subtotal 22:: " i~~~":,'Z'_~ -. :~~..:~~~~:::." J k;~~':,~"" .~;;;~~" ;-~, f:-fg' Annexation 1:] ...and at lower overall cost -.,,'...... ~':~:j Costs tbat would be the same ANNUAL COST* ';' ~,.., . 'yater Management S 113.00 ;,wt3 · Bi,g Cypress Basin 111.81 '7' . Scbool. 4,665.00 ;IL.'-' . . t';.. . Mosquito control ._ 71.15 :':, ; . Pollution control .. 16.03 ....~~:: ',- ,.. :.:ti':i . Collier Conaervation ._ 117..50 ~O<:J Subtotal 5.,131.56 ":": . Ba.... O. Iaubl<r pro~rty voluo 5750.000. 1..u1olodric bill :24"'; 51.000. ....11I phone bill 51.000 ~ Annexation ...and at lower overall cost Costs that would differ ANNUAL COS,.. County Q!y s__ s- S2.4I 165._ _II . _ N..... fin M8TIIU" u.__,""c__ . CII)'~F- . CII)'-- T__ E__"__ _ --... Total m." J7.JS lI... 31M _Ill - SI0,212.33 S9,662.81 25 .. a...- _.......,...,..,." .....".............. ",1.-' __...... WI 11._ ... c...................... __ ......._ i Annexation INFRASTRUCTURE & SERVICES If annexation is approved ... . No disruption of services to Pelican Bay . City assumes responsibility for most services . Others phased In over time 27 "., ,...., j ;1.~.~~,,~ ._~j ,. i Annexation INFRASTRUCTURE & SERVICES Police Protection . City creates separate patrol district (5 officersl . City also provides: Community Service Aide Traffic Control Officer Beach Patrol Officer 29 /b 2 /8b BENEFITS TO CITY OF NAPLES _.. in ....II.. ...... or ..... bUlon Inc..... in opoIflItInt t_ at 11411l1l11oll _In 10 yea.. t-- on 4'1101yr tJWWlIll IncI'OUOd ...... or StIlle..... ,....._ Inc........ ............ In county Addition or afIlIMnI cwnmunity willi .1mIIer 1nlvetIt..... ........ "Win, win" for Pelican Bay and for Cltyl .....".r.<... ,..;.. .", . , . ...~_':'.i~~::...... _~ i.jr,',','.;.r;:~~~ ----- ~' :-~~~.~ .:!:~:::... ~~~~.;t Annexation ."-" ,~ J "~ J . -1 -.,] 28; INFRASTRUCTURE & SERVICES Fire Protection . North Naples Fire District continues service for 4 years . City then builds own fire station ... ';.'.: - "', , .... ~ . ',:.',;'::p,c ,'._'" :..:;;.'....... ~ '~l & ::.:.'~:1 Annexation .-. ;.1, '1 _..J -' 'oj REMAINING ISSUES I;ffluent Water .. Currentshortfallln City capacity . ~ounty threatened to withhold recycled water in event of annexation . Legal opinions: COUNTY CANNOT CUT OFF EFFLUENT WATER TO PEUCAN BAY. .,; "i '30 ;::. REMAINING ISSUES Beaclt Acc:na County thnatalMld to provide public beach acc_ through private property If ....Ican Say la annelled by City. Legal Opinion COUNTY LEGAlLY BARRED FROM PROVlOING SUCH ACCESS baaed on: - DMd rntl1ct1ona - Planned Unit De~ (P.U.D.) - o-J Protective eovenanta . :,,~ial~M~:';J . ...~'J Pelican Bay .':'~ BEACH ACCESS j , '! 1 j J, --1 .1 ;,} 33; . Total Beach Visitors - Pelican Bay Most R__ Annual Statistics . CounIy Beach Peru Acce.. . Resorts Acce.. . RnlQenl. Acce.. . of V1s"ors 288,301. 183.517 205,234 . ~ 10 __10450,000_ IIle _ of petllinQ II_"'SI to IIle RItz.canton Soun:u: Collier County P_ _ R......bOn, R.....,. 1l8b1""". P_ e., F_ It.blllCll 'l"''::';' ,~; ,),~.~:: '1 . ::,(U'-lh" . :.:'....~!:.. 71 Annexation BEACH ACCESS FACTS i~ "'. Pelican Bay is a leader In Collier County in providing .' ~ beach parking for public beach access. .~ Spaces per 1 1.000 feet of beach I DeI"-oWlggins 59 1. Pelican Say 33 I BanfooI Buch 30 I Gulf Shen 2. ~ NapI.. 2. 35: Marco Island 10 Ib:L IBb . BEACH ACCESS FACTS Pelican Bay already provides ..0 e Two beach areas for public use e Six ace... points e Significant parking capacity BEACH ACCESS FACTS Pelican Bay is a leader in accommodating beachgoers PeIlClln Bay Baw.foot Beach Marco Island Gulf Show. Annual Visitors to County Beach Parks 281.301 211,031 210,473 25,201 'j~t" . '.; ~c ,2~il~' "1 ~fAnnexation l' .':'"ol /,- '-' " d ~:;ffl ....v~ . ." SUMMARY .. Annexation offers many benefits - ~ costa for s.me.. - PoIllIC8llnftuence - Responsive governance . _ Good fit WIth City . City planning In place for transfer of services .. . Legal opinions on key issues _ Elftuent water cannot be cut off _ Beach cannot be accessed through private propetty . Next step Is consent by owners y~~ '... '..'.'1' ~~.. " ;;-.; ,'''' 1~t;_;, j 36:j 6 CONSENT BY OWNERS . Every association, business and individual property owner will be contacted in February or March . Cost benefits can be calculated for each resident . Cost benefits will be determined for each business 37 /6J. 186 The Pelican Bay Foundation and Property Owners Association believe there are many benefits to annexation. We urge 'you, as property owners, to give your consent so that the process can move forward. /102 IBb From: John Domenie To: Foundation cc: PBSO Board Thank you for your presentation. Incidentally this is your third presentation I have attended. I am going to take more than just a few minutes to comment and some of my comments may duplicate what has already been said - but I feel you should hear the opinions of each one of us. We are a board, and we aim for unanimity of decision but are given the opportunity to set forth our individual points of view. I will be as brief as I can Like most 'on this board I have not been able to come to a decisl'on, but support the idea of obtaining the 51% of property owners to continue the process. For over 14 months you and the property owners have been advancing the idea of annexation, but you have not included the PBSO - which represents 14,000 residents and a $4,500,000 budget - in your discussions. Your decisions will affect the employees of the PBSO many of whom are very concerned that their jobs and hence lives are on the line. I know you have had some conversations with our chairman as well as Chris Sutphin, but you also know that they are not permitted to contact us individually under the Florida Sunshine Law. Their only solution would have been to bring the conversations into the open - but they might then not have been able to answer all the questions we might have. Answers which only you know. Much has been said in the last six months that the Foundation and the PBSO should work closer together, so please keep us informed about decisions which will affect our employees. I have noted only one line in your presentation about the Services Division, but I have no idea what that item represents -I would like to hear in your words - not in the words of a member of this board, exactly what this figure includes. Also what do you expect from this or a successor board. Hereunder then are some of my questions relating to annexation: You have stated that the main goal is "political" and not ''financial'', so let's examine the political aspect first. PB has 5,050 registered voters while the city has 12,000. This means that we will have about 30% of the votes for an at large election. If we support a { ~~ Ifo::L /86 particular candidate it would mean that we have to convince 3,500 city voters to support that candidate. In your presentations you keep referring to the "clout" - my terminology - which we will have in the city - in my opinion this sets the stage of an "us against them" atmosphere - the net result of which will be a loss to us. If you want the citizens to accept us you must stop telling them that we will have such great "clout" - or we will end up with no "clout" at all. You also state that we now have one representative in the BCC. And since the city presently falls in a different District the merged city will have two representatives on the BCC. Hence more "clout" - that word again. That is correct, but as I understand it - and I may be wrong - after every census (201 0-2,020 ~tct tb.~ .Dis~ricts arce_ ~re-apportioned, basically redistricting the borders in such a way that each District will have more or less the same population. It would be logical to me that after a census the new combined city would all fall into one District - and this would negate your reasoning for more "clout" on the BCC. As far as the financial aspects are concerned there are still many unknowns For the PBSD: what discussions have taken place with the County regarding the nearly $1,000,000 Uninsured Assets Reserve we have on our books - remember what happened to the money in the water plant. And if a favorable vote takes place in February 2006, when will actual annexation occur? And what will happen to the money the citizens of PB have paid for services which the city will now take over? Will they revert to the county? What legal opinions have you obtained? And for cash flow reasons we expect to have an additional $1,000,000 on hand at the end of the fiscal year - what decisions have been made about these funds. Now let's go to the Citv's Urban Services Report: Pollee protection. We have a station right here. If we need to contact the station for an accident report, re-entry permit, etc it is all available right here. The city's station is on Goodlette and Central Avenue - 9 miles from Pelican Bay. Fire protection: we now have a fire station, located right on premises which can reach any location within Pelican Bay without facing a single traffic light or traffic jam. The city is proposing to buy land, build a station, buy equipment and train personnel. Where will this new fire station be located: in the Moorings? In Park Shore? I doubt it. It will have to be located on the other side of 41 most of which is already residentially zoned. Will future residential neighbors welcome a fire station in their midst? And then at 5:00 pm in season the fire engines will face traffic jams 1 /.' \' 00 .~ IfoX /86 and lights on 41 - how long will it take a fire engine to reach the northern section of Pelican Bay. Are you willing to take that responsibility? I recommend we stay with the service we have now, One option calls for the North Naples Fire Control and Rescue District (incidentally the correct name of the district) to continue to provide protection with Pelican Bay residents continue to pay ''the 1 mill of the district, and pay the city tax rate of 1.16 mill, or as negotiated". ??? Are we paying double. (see option 4 on page 5) I don't know how true the following is but i have heard that the city has had plans to build another fire station to the north of 26th avenue. Are they using us a~ an excuse to build such a station? And is it true that"the city fire station will be :manned: by three fire fighters whereas the NNFC & RO has six men on duty here in PB? Parks and recreation: mentions that there are two public parks in the area: Clam Pass Beach Park and Pelican Bay County Park. Who owns the parking area adjacent to the registry resort? The County? If it is the County why has it not been included in this report. What is the Foundation's position on permitting the county to build a 490 space parking garage on its property? The residents of Naples Cay are opposed to it-I understand. Community services: the city estimates $1,647,000 to provide landscaping and maintenance services - the PBSO budget calls for $1,636,000 for community beautification. Has the city been told that it must also maintain Foundation property, and is that included in the above figure. If it is not then the foundation will have to bill each unit an additional $65.00/year. Does the city's figure include improving the sprinkler systems which are now 25 years old and are being replaced by the PBSO? Will the Foundation pay for any improvements on their property along the Oakmont lake - or will the city do this on private property. I also note that nowhere in the city medians did I observe any annual flowers. Has the city been told that we replace our flowers every four months? And included in the above city estimate is a statement "the city could - (not would) - take over the "bay monitoring" -. what does this mean? Does it include Capital Expenditures? Will the county continue to reimburse the city for the maintenance of the channels, Pass and Annual Reports - estimated at $176,000? Under the ten year plan this is an obligation of the County. Will the city dig new channels or plant grasses? Also included in the city's calculations is an item for "Stormwater". (see item 7 page 8) frankly if they can do the beautification, bay monitoring and 3 be - : / b :+- I 8-6 storm water for $1,647,000 - to the standards that we have now, It sounds great! The PBSO certainly is not able to do that. But are you sure that all details have been made available to them? Streets: the city states "there are no overlay or major repairs pending" - are they aware that the county was going to re-seal Pelican Bay Boulevard. Are the city's standards less than the county's? Water. sewer and re-use water: I won't even touch this subject as the Foundation is (or has) requested a Declaratory Judgment against the County. How long would any appeals take, and what would happen in the interim? There appear to be four' glarhlg omissions on county property in Pelican Bay: the library; the EMS station; the Registry parking lot and the 15 acres surrounded by Golf Club property. What has been determined about each one of these. If the County lays claim to the latter, and some form of services division survives where will we store our equipment? Will the city offer to buy this land? Can the County use its easement for other operations? Finally your projections show that the city will benefit by $14,000,000 perhaps even $24,000,000 over ten years - nearly-$3,500per PB household. Are you saying that we will then be subsidizing the city in that amount? 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Il3b N N (/) - (/) o () Q) (/) o J:: - - c Q) E Q) ~ ::J .c E .~ >. - c ::J 8 - c Q) E 0. ~ 'S >. g ~ -g :0 to Q) "0 E ~ 1:: ~ ~ (/) Q) ~ E _ 0 (/) (/) o (/) () . Q) ~ ~"O o to ::J ~ E () . . ...J E .S; C) ~ ::J c> c::: t;.,. (/) C - ~(/):o :::: 0 .- c :i 0.=.2 LL ~ E < < ~ e ~ :IE --w w .~ "0 u.. LL 'E 92 "0 "tJ .- 0 Q) _(I) Q) E 16 (/) Q) 0. as ::J .... .- C. to Q) () 'u U) ~ CD E ~ ~(Xl 3:< < z.,...: C\I Q) J:: - ~ .,.. i Lf') o o N I.{) 'C 0. <( I' ::z.. / 66 Ross P. Obley 802 Slash Pine Court - Naples, Florida 34108 (239) 591-1802 - FAX (239) 591-2423 E-mail: rossgolfs@aol.com March 3,2005 Jim Carroll Chairman Pelican Bay Service Division 801 Laurel Oaks Drive - Suite 605 Naples, Florida 34109 Dear Chairman Carron: Kindly refer'to your 2/i4/0S report WliY 00 WE HAVE A SERVICE OMSION with which I take issue - particularly your assertion "The thought that the Services Division Board is a quasi- County organization which responds to County needs over Pelican Bay needs is simply wrong and not the way this Board functions." Your predecessor organization (PBID), the state enfranchised special taxing district, was established as Collier County said it would not and could not supply Pelican Bay with water. As population grew, along with water fees, about 1989, Collier County determined it now had sufficient water to supply Pelican Bay; promised all the water Pelican Bay could ever use; had PBID disenfranchised; and had a puppet organization, PBSO, established as a melDS to ex:tract additional monies from Pelican Bay residents. When in existence, PBm argued with and took on government and business interests on behalf ofPeJican Bay property owners. Since its establishment, PBSO has done precious little on behalf of the big issues within Pelican Bay: . With the mangrove die-off, the County "stiff anned" Pelican Bay residents into paying enormous amount for limited results and PB SD obscures the very large dollars out vs actual accomplishments. . When Cap d' Antibies was announced, where was PBSO - on the sidelines due to a County Attorney threatening to withhold governmental immunity. . The County has not provided adequate police protection to Pelican Bay so resideDts are obligated to pay a substantial amount for little extra coverage. . Now that annexation into Naples is being considered, the Board has made little public effort to identify advantages or disadvantages. but some of the Board members are leading "bomb throwers" against consideration of joining the City of Naples. . Collier County is now threatening to withhold previously promised reuse water from PeJican Bay - What do we hear from PBSO who should be leading the charge that the County is not living up to its promise? /~:z /f;1:, March 3, 200S Pap 2 Many thanks for the outstanding appearanc;e activities PBSD effectively IIIIdIpI. At for Pelican Bay needs and interests coming before those of Collier County - tile record bas DOt supported this. RespecdbI1y, Ross P. Obley J':z. /8b Ross Obley 802 Slash Pine Court Naples, Fl34108 Ross I received your letter and I must say it was thought provoking. Your comment in the last paragraph is repeated all the time by people throughout the Community who are pleased with the way Pelican Bay is maintained and restored when necessary. But isn't that the very reason we should look very hard at giving this up and hoping the City will do as well? In the second sentence of my letter I pointed out that the Taxing and Benefit Unit we have gives us the ability to control our own destiny. Yes, within limits but we haven't tested these limits. The Ordinance which created this Unit is a real asset and.we shOla.ldn't give it up wilhout a great deal of thought. You are still angry with the County for what they did to us 15 years ago but in the big picture our Community has overcome that setback and has moved to the very high level we enjoy now. Would we be better off if we had retained that water utility? I doubt it. I'd like to comment on the five points you made. We controlled the entire process of restoration of the Mangroves and I don't feel the results are limited. I think they are outstanding and I'm glad we didn't have to deal with the County or the City while this was going on. And I'd like to remind you that the County funds the Mangrove maintenance, about $200,000/year. If the County or the City had to control this restoration, it wouldn't be where it is today. PBSD had no responsibility for the Cap Antibes design, layout, footprint etc. We did approve their water management plan which was routine for the Manager. If these buildings are built as now proposed I do not feel they will affect our image or our property values at all. We've spent over $400,000 already on this issue and at the rate we're spending it will be $600,000 or $700,000 on lawyers by year end. Would the PBSO presence in this debate affect the outcome? I don't think so. There are many people spending time and money on this and all that has been accomplished to date is to divide the Community, force the annexation issue and spend money on lawyers. Most of the people in Pelican Bay are willing to pay for the extra police protection we now fund. At the POSO "meet the candidates" town hall meeting two weeks ago there were eight candidates on the stage. When asked if they supported this $495,000 we are spending on police, seven voted yes. /6.:z. I 8 i::. The position I have taken on annexation to date has been to try and focus resident attention on what they have now and what would be better if we annexed. The main plus that I hear from those in favor is that we will be able to deal with a City council which would be more accessible and perhaps more helpful and we would have another County Commissioner to work with. This week Commissioner Coyle, the City of Naples County Commissioner, voted against the Vanderbilt garage which we have all felt would relieve some of the beach access pressure we have been subjected to. What assurance do we have that future City Council members would be any more sympathetic to our problems then County Commissioners. I say none. The way this effluent water issue gets resolved is for the County and City Managers to try and work out acceptable interlocal agreements which they can sell to their Commissioners/Council members. If they can't work it out, we certainly should not annex. There are enough lawyers working on this that PBSD would have little impact and should stay out of it. And so Ross, that is how I feel. My goal has been to strengthen the Services Division, respond to Community needs, pay particular attention to the budget and the amount we tax our residents and to try and work effectively with the Foundation and the County. 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IBb t::CIl 01:: 0.0 Q)Co o::~ 1:.19 c: Q)t1lc:o E ~ ,Q ~ CDm~c Q- t1l co ftS 0 Co CIl C ,sa ~ ~ ftS~a.a. :E1ii 1:: 1:: 'i~~~ :;,~o::o:: 2 ,!!1 Iii Iii c( ~ E E In > c: c: 00<(<( o N ~ ,.", ~ ~ ::::!; oil Cl C 'C $a '2 o ::::!; 'It 8 N >-'" ~~ E~ ..'" u'i t3: '~~ a.o 16:I. /8~A CLAM BAY SUB-COMMITTEE MINUTES - February 2, 2005 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, February 2, 2005 at 1:30 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. M. James Burke, Chairman Mr. David Roellig Mr. John Domenie Mr. George Werner ALSO PRESENT: One (1) Pelican Bay resident; Ms. Kara Cave and Mr. Tim Hall, Turrell & . Associates; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P: Ward, Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the October 6, 2004 Meeting 3. Audience Participation 4. Interior Channels - Construction Status 5. Beach Renourishment 6. Clam Bay Budget - Fiscal Year 2006 7. Adjourn ROLL CALL Mr. Burke called the meeting to order and asked that the record reflect all members present. APPROVAL OF MINUTES OF THE OCTOBER 6. 2004 MEETING Mr. Werner moved seconded by Mr. Roelllg and approved unanimously, the Minutes of the October 6, 2004 meeting subject to the above change. ~------------- - - ----------- AUDIENCE PARTICIPATION Dr. Charles Walton - Claridge Resident and President of the Mangrove Action Group - "' would like it to go on Record that the Mangrove Action Group is paying for the replacement of the faded tree identification signs that are located along the berm". The Mangrove Action Group is proposing a program to identify spraying events for pesticides and herbicides. We would like to have it be that when spraying events occur, the area gets posted with some type of indication of 455 1':1- /66 A- Clam Bay Sub-committee February 2, 2005 what was done and what was sprayed. The reason for this is that people are constantly talking about what is happening here and asking why have the cattails suddenly died? Somebody tells us it is because of saltwater intrusion after the hurricane and then somebody else says it has been sprayed. Some big movement is going on there and people walking around get very curious and wonder what the heck is happening. We are also interested in what sort of toxic material gets put into the mangroves. We would like to ask that the County, or whoever is doing this work, post these spraying events. We also want to look into the aerial spraying that is done for mosquitoes, to fi~d o~t how ~uch, whe:n_ and what is used. After our Annual Meeting, Mr. , . . Turrell sent us the description of the major spraying materials that are used, which was very helpful. One of our members recently found some very unusual looking spray sitting along the berm, When he researched the chemical, he found it to be a very toxic, dark, kerosene based material. The Turrell people told us that it was a material that was being used to spray the Brazilian Pepper after it has been removed. There are a lot of things like that going on and the residents would like to know what it is. Mr. Domenie asked, "When you say posting, what do you mean"? Mr. Lukasz. do you know when you plan to spray? Mr. Lukasz replied, "We spray on an as needed basis". If we find caterpillars on the Oleander, we will spray within a day or so, depending upon the severity. Mr. Domenie replied, "We are talking only about the mangroves", Mr. Lukasz asked, "Are you talking about right-of-way or along the berm"? Dr. Walton replied, "We are talking about the areas along the berm and also the mangroves" . Mr. Lukasz replied, "We do know that ahead of time". Mr. Domenie asked, "Where would you post that information"? Dr. Walton replied, "A small card stuck in the dirt beside the berm, with the date, what was sprayed and for what". Where, if you saw activity, you would know what was happening, Mr. Werner stated, "I think that is a good idea, but I don't think we have any idea what the County does with regard to spraying for mosquitoes", 456 /6:z /8~A Clam Bay Sub-committee February 2,2005 Mr. Lukasz stated, "There are two things that are primarily sprayed along the berm area". One chemical is Garlon, which is used to control the Brazilian Pepper. They go through on a monthly basis. for maintenance purposes, to control any regrowth. The other chemical we use is Copper, which is used to control algae in the swale. Other than that, we would use Rodeo for control of vegetation that grows out into the waterway. Mr. Burke asked, "How often are we physically out there spraying chemicals"? Mr. Ward replied, "Every day, all day". There is a staff of people in this project every day, all day long, doing something. It might be for work in the water management sy~tem, al~ng the golf course, etc. All of the herbicides and pesticides that are used are obviously regulated and permitted for specific uses and not intended to hurt the mangroves. The chemicals used are plant specific and relatively mild in the context of what we do. The most toxic chemical we use is Garlon, which is used for the Brazilian Pepper. Garlon is very specific and you are not spraying it, you are injecting it into the plant to control the root system. Mr. Wemer asked, "How do we do that"? Mr. Lukasz replied, "It is a basal spray, used on the bark of the trunk". Mr. Wemer stated. "There were five or six quality testings done at the suggestion of the Mangrove Action Group and it showed no chemicals getting into the mangrove area". Possibly we could do an article in the Pelican Bay Post, since we do the same applications over and over again in that area. Mr. Ward stated, "If the Mangrove Action Group would like to know what is going on, you certainly have the right to that information". We don't find that in a community of this size that people really ask that question. Under current law, someone who has a severe allergy, or is super sensitive to chemicals, registers with us and we notify them when we are going to do any spraying. There is one person in Pelican Bay who meets that Federal Standard and we do that for her. You don't really find that anyone ever really knows that it is out there due to the weakness of the materials. Mr. Burke asked, "Are you are referring to the spraying that is taking place along the berm"? 457 /b:z /864 Clam Bay Sub-committee February 2, 2005 Dr. Walton replied, "Yes", Mr. Craven had an experience recently that showed the spraying is a little looser than what you are making it sound. Mr. Craven planted some mangrove propagules on a small island. A friend of his told him that she had seen someone spraying these little mangroves. Sure enough, a couple of days later they were all dying. There is some spaying being done by some not very well schooled people. Mr. Ward replied, "The spraying is being done by very well schooled people, so that is not absolutely correct". These people have been trained. Dr. Walton sta. ted,. "The st~tement of, ~ot being trained may be incorrect, but this was an , . . actual event". Mr. Domenie asked, "Did anybody say that these propagules had been planted"? Dr. Walton replied, "They should not be spraying mangroves". Mr. Domenie stated, "If they were hidden among cattails, it may be that they were not visible", Dr. Walter stated, "They were on an island. which was a small patch of dirt that stuck up above the water". Mr. Ward stated, "If it was west of the berm the only one that might have done that would have been a contractor". As we have notified you in the past, we did have a contractor who made a mistake during the past sixty days. That was not the staff of the Pelican Bay Services Division and was a specific mistake that you have been advised of. Mr. Burke stated, "We could be putting up quite a few signs, if we do this for every application" . Mr, Ward stated, "You could have a sign on every square foot of Pelican Bay, all day long". Mr. Domenie stated, "Perhaps an article in the Pelican Bay Post and posted on the various bulletin boards would be sufficient". Mr. Ward stated, "It sounds like an article for Mr. Burke". Mr. Burke stated, "An article telling what spraying takes place and what chemicals we use". 458 /b:z. /&A Clam Bay Sub-committee February 2, 2005 Mr. Domenie asked, "We have the Mosquito Control Board". When we moved here I thought we were under attack when three DC-3's came over the houses very early in the morning. Is the spraying still going on in our area, or has it all moved further east? Mr. Roellig replied, "I believe the spraying is still taking place, but I think they use helicopters now and are spraying from a higher altitude". Mr. Burke stated, "I will talk to Mr. Hall and put together an article to explain what chemicals we are using, the frequency of use and to try and explain what it is that we are doing out there". INTERIOR CHANNELS - CONSTRUCTION STATUS Mr. Burke stated, "There is no mystery as to what is going on". The channels are beautiful and would even meet the laizzo test of being wide, and flowing. In going through the Minutes I was confused. The original estimate was $250,000 to do all of the channels, so we budgeted that amount over a two-year period. When the bids for both Phases came back and they came in somewhere around $150,000; we decided that since it was already budgeted to go ahead with the work. Mr. Ward stated. "It came in at half of the original estimate". Mr. Domenie stated, "The amount that we had budgeted for this year covered Phase I and Phase II, so we are saving $100,000 next year". Mr. Hall stated, "The Phase I construction is nearly complete and they are going to be moving into what we had originally designated as Phase II". Mr. Marshall, who has been monitoring that construction. is out of the country until next week. We are going to go out to measure the channels that have been dug to make sure that the footage we had estimated and the bids in place are the lengths that are supposed to be there. Mr. Domenie stated, "Mr. Hall, I have sent you two e-mails asking questions". Which way do the two new channels that you see when you walk the north boardwalk drain? There is also a ribbon lying next to the existing channel that feeds Pelican Bay and does that ribbon mean that you are going to dig another channel? 459 /6.::z.. /~6 A Clam Bay Sub-committee February 2, 2005 Mr. Hall replied, "We are just opening up that channel". The way that the channels cross is to actually increase the flushing in that area. You can get water circulating through that area in both directions, depending upon which side has the biggest head differential. Mr. Domenie stated, "You decided against one connection, which I thought would have been a good idea". Mr. Hall stated, "With the depth of the channel, the water coming from the berm would have flowed another direction", ~r. DO':Tleni~ st~ted, "I ~ee so m~ny dead cattails". Were they sprayed or was it the weather and saltwater intrusion? If it was saltwater intrusion, do you expect the cattails to regenerate when we start getting rains? Mr. Hall replied, "There was a die off associated with salt water intrusion in the weeks after Hurricane Charley". There was some regeneration and those cattails were coming back in some areas and then the contractor who was spraying some of the vines and exotics got carried away and sprayed a lot of the cattails that they were not supposed to, so there was another die off associated with that. There are a couple of areas that were killed by the saltwater and the salt content has stayed high enough that we have not seen any regeneration in that area. Whether or not they will come back once the rains start, we will just have to wait and see. Mr. Domenie asked, "Have the cattails been cut or have they died and just flopped over"? Mr. Hall replied, "There was a big influx of dead leaf matter because of the spraying". In talking with Mr. Lukasz, we decided that it would be better to cut it and remove the matter, so that you did not leave a large dead mat. A lot of white mangroves have regenerated in that area. Mr. Domenie asked, "Do we need to plan on harvesting one third of the cattails"? Mr. Hall replied, "Harvesting one-third of the cattails was part of the proposed plan for this year". With all of the budget issues that were going on, that line item may have been dropped when we put forth the proposal to do the reconfiguration. Mr. Domenie asked, "Do you feel it is necessary at this point"? Mr. Hall replied, "I don't think we have to do it this year and based on what is out there right now, we probably won't have to do it next year", I do think that you should include money in 460 / ~::z. /!;/:;A Clam Bay Sub-committee February 2, 2005 the budget for maintenance of that area, whether it is used for excavating, planting or aesthetic improvement of one type or another. I think the money should be allocated in the budget, although it may not be necessary to use those funds. Mr. Burke stated, "As I see it, Beach Renourishment and the budget are part of the same discussion" . Mr. Roellig replied, "It is two separate items". Mr. Burke stated, "There has been a request of the Budget Sub-committee to provide them some kind of figure for the Fiscal Year 2006 Budget". BEACH RENOURISHMENT Mr. Wemer asked, "What is the question on Beach Renourishment"? The Board has already passed the motion that we would provide $700,000 for beach renourish and none of that money is to go toward monitoring or mitigation. We are using the money for some other projects this year, but that is what the motion was. Mr. Burke stated, "Did we move to include Beach Renourishment in the Fiscal Year 2006 Budget? Mr. Roellig replied. "That is what we are going to do today". Mr. Werner stated, "I thought that was understood". We are using the money currently, because the County did not get the Beach Renourishment Permit in time. Mr. Ward replied, "Yes, we all understood that", I think Mr. Sutphin and the Budget Sub- committee want you to formalize that. Mr. Burke stated. "When it came up at the Budget Sub-committee it surprised me because I thought that we had moved ahead with that issue". Mr. Ward stated, "I think what Mr. Sutphin is asking, is that you tell him that the number is $700,000 or some other number, as you all deem appropriate". Mr. Domenie asked. "Mr. Roellig, can you tell us where the County stands on the Beach Renourishment Project"? Have they reached the stage of letting the contracts? Mr. Roellig replied, "No". What they have is a permit from the State. They do not have the Federal Permit and may not get it for several months. Until they get the Federal Permit, they 461 /'::z. IB6A- Clam Bay Sub-committee February 2, 2005 are not going to be moving very fast on any contracts. I suspect that they are going to need a permit from the Army Corps of Engineers and since the sand is coming from Federal waters, which is beyond the twelve-mile limit, they may need some kind of agreement with the Bureau of Minerals, etc. When you look at the $700,000, based on approximately 65,000 cubic yards of material, I don't know that they have come up with the final cross-section. My view is that the $700,000 figure is two to three years old now. I would personally be a little more comfortable, at this point, in staying with the $700,000, but getting back the 20% contingency allowance. I would suggest that we, as a Sub-committee, move forward with a motion that we program the $700,000 . ~ .' . - .... plus a contingency for Fiscal Year 2006. Mr. Werner stated, "I made the motion on the $700,000 because we had no control over the permitting negotiations with the State". Mr. Roellig stated, "I admit that we are still in the dark as far as quantity because they have not come up with the final profile". If the quantity goes down, the price goes down. I don't think it is a sure thing for November, but is more of a possibility for this November than it was the last time. Mr. Domenie asked, "What happens if they take a cross-section of the beach today and come up with a figure of 65,000 cubic yards of material and we have some bad summer storms and suddenly our beach is much smaller"? Will our permit be to fill more than 65,000 cubic yards? Mr. Roellig replied, "They will have a profile and they will fill to that profile". Mr. Domenie stated, "That would also affect the $840,000 if we have to fill to the profile that is approved". Mr. Roellig replied, "Right". If it turned out that for some reason we had a hurricane and it doubled the quantity, we would be stuck for a lot more money. It would not be my recommendation to go there. One of the reasons we dropped the contingency was to make our assessment more realistic, since we didn't think that the renourishment was going to happen during November 2004 anyway. At this point in time, I think the $840,000 figure would be appropriate. 462 /6..:I I&A- Clam Bay Sub-committee February 2, 2005 Mr. Burke asked, "Would the $840,000 be the number that we would provide to the Budget Sub-committee"? Mr. Roellig replied, "It would be $700,000 plus a 20% contingency". Mr. Ward stated, "There is the issue of mitigation". Since it is in the overall cost of this project, I don't see how it is going to get broken out as a part of the process. I think it is going to get included as a part of the cost of the dredging operation. I don't know how we would segregate, within the context of giving the County the $700,000, what part of it belongs to monitoring and maintenance, or secondarily, even if they would accept that. Mr. Roellig stated, "That is a problem". They have given us no indication of what the costs would be. The bottom line is, at some time they will come to us with a number and it will be up to us to say yes or no. Mr. Werner stated, "The last thing we want to do is give them a blank check". Mr. Roellig stated, "I think we still have the right to say no". Mr. Werner asked, "If you have a certain amount budgeted and they come in 50% higher, can you say forget about it"? Mr. Roellig stated, "At that time you have to decide whether it is worth the money or not". Mr. Burke stated, "The blank check issue is why it was brought up initially". Mr. Ward stated, "We believe the County is two months away from bidding the program". Prior to going to bid you will need to make the decision because they are going to want to exclude it or include it as part of the process. I understand the financial issues. Mr. Werner asked, "If you have no idea what the costs are, how can you determine if you are in or out of the program"? Mr, Ward replied, "You are going to have to commit, one way or the other, based on the budget estimates". It is going to be too big of a project to say that we do not want to be a part of it at that point in time. It is too significant of a piece of the larger project. The vendor is going to come back to the County with a Change Order for more money, at that point, if you try to pull out the Pelican Bay piece. My issue was the way Mr. Hovell explained it last month. The County negotiated something with the State where they do beach renourishment and then the State 463 /6:2- /8bA Clam Bay Sub-committee February 2, 2005 comes in and evaluates the offshore hard bottoms. Then you come up with a mitigation payment. Whatever you are doing on the front side is in the number that the County is coming up with. I don't see how you segregate Pelican Bay out of that because we are a part of a larger project at that point. Mr. Hall stated, "It is tied to the project as a whole". Where your cost reduction would come would be that if you are not putting sand here, you would not have to monitor the off shore hard bottom here. Mr. Domenie ~ske.d, "If w~ have bu~~eted $840,000 for 3,500 lineal feet and they say , . . that is not enough, can we then just limit our portion to 3,000 feet and use the $840,000, or would that affect the whole coastline"? Mr. Hall replied, "The way the permits are, you can do less, you just can't do more". haven't seen this permit, but they normally authorize a maximum, but don't establish a minimum, so you can do up to that maximum, but not over", Mr. Ward stated, "If the County is using the same numbers that we are, which is estimating the project cost, I would bet that if it came in 20% more than what their estimates are, they would say no at that point also". Mr. Werner asked, "Are we using the same numbers that the County is"? Mr. Ward replied, "Mr. Hovell is providing us the numbers". I think you have some assurance that the $700,000, at least from an estimate perspective, is exactly the same way that the County estimated their project costs. They are going to make the same decision as we are at that point in time. Mr. Domenie asked, "Are you suggesting that we should only leave $700,000 in the budget"? Mr. Ward replied, "No, I am suggesting that you should do the larger number". The safeguard is that if it comes in at $840,000 on your side, it is going to come in 20% more on the County's side also. You are both going to be making the same decision at the same time, which means they have a bigger financial impact than we do at that point. 464 /6:z. / t3blr Clam Bay Sub-committee February 2, 2005 Mr. Roellig stated, "When they went in for this permit they were looking at $14,000,000, now they are looking at $20,000,000". The hard bottom issue is going to cost $4,000,000. The construction is approximately $2,000,000. Mr. Hovell talked about the monitoring being $400,000 for five years, which is another $2,000,000. There is already $200,000 budgeted for the design. Mr. Werner stated, "If they renourish at the Ritz, some of that sand is going to drift down to us anyway". Mr. Roellig stated, "They are going to renourish south to the Contessa". Mr, D?menie stated, "Mr. Roellig, you are saying that the County, is already _estim!=l~ing a 40% increase, so our $700,000 would end up being something near $900,000"? Mr. Roellig replied, "I don't know". Mr. Burke stated, "Mr. Hovell is aware of our $700,000 number". Mr. Ward stated, "Mr. Hovell is aware of our $700,000, but is having heartburn over the issue of mitigation and monitoring of the hard bottom". I don't disagree, because the way I understood what he was saying at the last meeting, is that it is not possible for him to break that out as a part of the overall project cost. It is somehow imbedded into those numbers. Mr. Wemer stated, "He knew exactly what the hard bottom and monitoring was going to cost". My reason for the motion was to not provide them with a blank check. Mr. Burke stated, "They could come back and say we have your $700,000, but at this point your share is going to be $1,100,000". Mr. Ward replied, "The way I understand the mitigation and monitoring, is that in order to do this project they have to mitigate and construct some hard bottom somewhere in the County". Mr. Hall stated, "They are creating an artificial reef'. Mr. Ward stated, "That artificial reef costs "x" in this project and you have to monitor the existing hard bottoms, one of which we happen to have off Pelican Bay, for "x" number of years, whatever it is". What I understand Mr. Hovell to be saying is that part of the project being done has a hard bottom issue off of Pelican Bay, which we all know we do have and we should pay our fair share of the cost of that, whatever it is. It is negotiated up front because it is not an after-the- fact permit and the Regulatory agencies are not coming and saying you have to fix your existing 465 /6:L /864 Clam Bay Sub-committee February 2, 2005 hard bottom. It is a fixed number, because they are creating the reef, no matter what kind of damage you do to the hard bottom during construction. You are going to know that percentage of cost number, whatever it is. Mr. Werner stated, "Surveys were done of the hard bottom off of Pelican Bay". Mr. Hall replied, "Yes they were". The group that was doing the permits came in and mapped all of the hard bottom for the County and my understanding was that they were supposed to take some GPS baseline coordinated data. I don't know whether that has been done or not. Mr. Domenie asked, "If we don't do any beach renourishment, would they still have to do mitigation for the hard bottom off of Pelican Bay"? Mr. Hall replied, "The mitigation is for potential impacts of the hard bottom county-wide". Whether Pelican Bay does the beach renourishment or not, because it is authorized under the permit, the County would still be liable for the mitigation for the entire project. Mr. Burke asked, "Does the County renourish Naples beaches"? Mr. Roellig replied, "As part of the project" Mr. Burke asked, "All the way through Port Royal"? Mr. Roellig replied, "No, just parts of the City of Naples", They are not renourishing anything that is below 1 ih or 22nd Avenue South. Mr. Burke asked, "Does the City do any renourishing on their own"? Mr. Roellig replied, "The way the projects are, it is not feasible to do a small renourishment unless you truck in the material". That creates a lot of public problems because you have trucks driving around and loaders running all night long. They either do it all at once or not at all. Mr. Roe/llg moved seconded by Mr. Domenle and approved unanimously to provide the Budget Sub-committee with the number of $700,000 plus a 20% contingency to include for beach renourishment for the Fiscal Year 2006 Budget. -- -------- - - ----- - -~ - - - - Mr. Roellig stated, "The County will have an estimate and when the bids come in they will award the contract, if they are no more than a certain percentage above their estimate". Most 466 / 1t?::J.. IB6t4 Clam Bay Sub-commlttee February 2, 2005 government agencies will award up to 25% more than what they estimated the project to cost. If you don't do that and you start to throw out bids to start over again, they never come in lower. Mr. Burke asked, "We will have that dollar figure out there, what could happen that would cause us to be excluded? Mr. Ward replied, "You choose not to, or you do not have enough money to do the project" . Mr. Burke stated, "It would have to be negotiated". Mr. Ward replied, "The only issue that I think the County would have, is if it comes in on . - or below budget and you chose not to do it, and they would have pull it out of the project at that point in time". The vendors are relying on a certain number of cubic yards and I think Pelican Bay is significant in the context of this overall contract. If you decided to pull out of the project and the cost came in at or below, the probability of the contractor wanting a Change Order to increase the unit cost would be greater at that point in time. At that time, the County is going to want to come at you for the differential. That is the downside. The rubber meets the road when the bids come in. Your detriment is that the bids come in at or below estimates and you choose not to proceed and the vendor wants to raise his prices at that point. Mr. Werner stated, "I think the only reason we would choose not to proceed is if it is higher". Mr. Domenie stated, "In this year's budget, under Other Contractual Services, we show $46,600 for beach renourishment". The explanation reads: "These fees are to renourish the Pelican Bay beaches from the Contessa south to approximately 1 ,500 feet south of Sandpiper Beach. TDC will fund the beach renourishment from the Contessa north". What is the $46,600 for? Mr. Ward replied, "Probably some consulting and remaining money left over to balance the budget". This is the result of you playing around with the assessment level and I have to fill in under it to make the numbers work, but we did leave some consulting money in there. Mr. Burke asked, "With regard to the Clam Bay Budget, what else do we have to consider"? 467 J f,;;, :J.. IBb4 Clam Bay Sub-committee February 2, 2005 Mr. Werner stated, "Most of the maintenance is going to be reimbursed by the County", What other Capital Projects do you have? The channels are going to be done this year. Mr. Roellig stated, "There is some money for maintenance of existing channels". Mr. Burke asked, "Are the System III and IV Improvements reimbursable from the County"? Mr. Ward replied, "We could try, but they are not going to reimburse us for that program". Mr. Domenie stated. "We are talking about Capital Projects", In the current year we had nearly $500,000. T. her~ was ~ngineerinQ ,9onsultant Services. Is the $196,000 Contractual , . . Services what gets reimbursed to us by the County? I see, Transfer from Fund 111, $176,000. Mr. Ward replied. "That is the money we get from the County". Mr. Domenie stated, "There is $110.000 for Engineering Fees, $60,000 for Other Contractual Services and another $12,000 for Other Operating Supplies". That all adds up to $500,000 when you asked what other expenses do we have for Clam Bay. Mr. Roellig stated. "For Fiscal Year 2005 there was $150,000 for Interior Channels". We are not going to have that, so the number drops. As far as the Contractual Services, those proposals are coming in now. I don't know if that is going to be a similar number, whether it will be the same or a different number altogether. Mr. Lukasz stated, "The reports and all of the monitoring is in the County and we have an item in the Pelican Bay portion of the budget for General Consultation". Mr. Roellig stated, "We could leave it there or increase it, because we won't know that number of a while", Mr. Werner stated, "I don't think you want to increase that number in front of Mr. Hall". Mr. Domenie asked, "What is the recommendation for the budget"? Are we talking about $350,000? Mr. Roellig replied, "Our assessment was $329,000 and that included $150,000 for the channel construction". If you take that $150,000 out, which you are not going to spend, that brings the amount down to approximately $180,000 for the Clam Bay Restoration. Does that sound like a ballpark number? 468 11o"J. I Bbl4 Clam Bay Sub-committee February 2, 2005 Mr. Ward replied, "No, it is going to be the $840,000". Mr. Roellig replied, "Yes, but I was keeping that separate". Mr. Domenie stated, .Our budget also includes the funds that we get from the Natural Resources Fund". We will get reimbursed for that because we do have those expenses. We have to show total expenses, even though so much is going to come from the County. Mr. Ward stated, "What comes from the County comes from the County". The only thing you have funded is Capital Construction activities within Clam Bay. The only thing you have to do next year is the Beach Renourishment Project. The County will p~y for the. repo':l~ and maintenance. The only thing you had in Fiscal Year 2005 was beach renourishment and the Phase II Channels and those are gone. Mr. Roellig asked, "Are you saying the County is picking up the $80,OOO"? Mr. Ward stated, "We use a little money for Mr. Hall to sit here all the time". Mr. Domenie stated, "We must have used $180,000 for Other Expenses". If we deduct $150,000 from the $330,000, we end up with $180,000 that we are spending. Mr. Ward replied, "That is the $80,000 we pay for Other Environmental Consulting each year". That is it. Mr. Werner asked, "Are you saying we will have the $840,000 plus the $80,000". Mr. Ward replied, "$800,000 plus whatever the consulting number will be". Mr. Domenie stated, "If we decide to do the repair work where the south boardwalk starts we will have that expense". Mr. Ward replied, "That is a Foundation expense". Mr. Wemer asked, .What about maintenance along the berm"? Mr. Lukasz replied, "That would be water management". Mr. Hall did mention about putting money in the budget for any esthetic improvements that you might want to do in the cattail area. Mr. Ward stated, "You may want to budget some money for plantings where the cattails have not come back, due to water levels and salt water intrusion, because the area at the north 469 I~::r. l~bA Clam Bay Sub-committee February 2, 2005 end has been very successful". I could do some calculations, but that would be the only other appropriate Capital item at this point. Mr. Roellig stated, "We only have $300.00 in the current budget for Clam Bay plantings". Mr. Ward replied, .Yes, that is Mr. Lukasz's slush fund". Mr. Burke asked, "What would you be putting the money in the Budget for"? Mr. Ward replied, "Plantings were recommended for the cattail area, where they have not come back because of salt water intrusion and the water levels being up". That area would be a good area to do more plantings, like you did at the very north end. . ~".' . .- ..-. Mr. Wemer replied, "If the cattails don't come back". Mr. Domenie asked, "How do we get the money from Fund 111"? Mr. Ward replied, "We ask them for it". We just bill them for it. Mr. Domenie asked, "By coincidence. it comes to exactly $176,900 at the end of the year"? Mr. Ward replied, "When we create the budget we use an offsetting revenue in the same amount and that is how we get the number". We bill them for whatever the actual charge is. These are relatively fixed numbers. Mr. Domenie stated, "This is one of those figures that we should try to maximize and meet, so that we don't leave any money with the County". Mr. Ward replied, "Correct". Mr. Werner stated, "We have $840,000 for beach renourishment, $80,000 for oversight services and then if you want to include money for plantings. in the event the cattails do not regenerate" . Mr. Ward stated, "I think you ought to take a look at the costs to see if you want to include it or not", What did we spend on the north area? Mr. Hall replied, "Somewhere around $30,000 for the two acres". Mr. Ward asked, "So we are looking at approximately another $35,000". Mr. Domenie asked. "Wouldn't you also need money in the budget for the Other Fees and Charges, such as the Tax Collector and Property Appraiser"? That is another $35,000 on top 470 /b J.. /8bA Clam Bay Sub-committee February 2, 2005 of the $80,000. I think we should think at least $150,000 in addition to the $840,000. That is still less than what we had for this year. Mr. Burke stated, "We would propose the beach renourishment and $35,000 for the plantings" . Mr. Werner replied, "Also $80,000 for the oversight". Mr. Domenie stated, "Another $35,000 for funds that we owe the County for their share of the work that they do, such as the Tax Collector and Property Appraiser". Mr. Ward replied, "That is a formula that gets calculated". Mr. Domenie stated, "Yes, but that has to be added in". Mr. Ward replied, "Exactly". Mr. Werner stated, "I have us at $955,000". Mr. Domenie stated, "That is not enough to cover the other expenses". Mr. Burke asked, "Is the $80,00 the consulting fees"? Mr. Ward replied, "Right". Mr. Domenie stated, "That is why I suggested $150,000 for the mangroves, which covers the $80.000 for engineering, $35,000 miscellaneous and approximately $35,000 for the Tax Collector and Property Appraiser". Mr. Burke asked, "Mr. Werner, what did your figure add up to"? Mr, Werner replied, "$955,000 without the Tax Collector. Mr. Domenie stated, "I have a figure of $990,000". Mr. Roell/g moved seconded by John Domenie and approved unanimously to approve the figure of $990,000 to be Included In the Fiscal Year 2006 budget of Clam Bay. --------~ - ---- - -- - -- -- - -- - - - - -- --------~ Mr. Roellig stated, "Last year, at the last minute, we threw in almost $2,000,000 for a cattail plan", I would move that we don't do that again this year. I don't think there is any hope of getting the money out of the County and in any case, I don't think it is a plan that we would want to do. We wanted $1,800,000 to do the cattail plan, which the County was going to cover, but they never budgeted the number. 471 /" ::t. 1/56 4- Clam Bay Sub-committee February 2, 2005 Mr. Werner stated, "We had no interest in paying for it ourselves". Mr. Roellig stated, "I don't think we should even propose it to the County again". We have a plan in place for Channel Cuts and replenishing vegetation, if necessary. Mr. Domenie stated, "I would agree". Mr. Carroll asked, "Is it our intention to leave the cattail area just as it is"? Mr. Werner stated, "It has been suggested that we would include $35,000 for plants, comparable to the north end, if the cattails do not regenerate". Mr. Carroll stated, "I was thinking of the other areas where the cattails are still proliferating" . Mr. Werner stated, "The alternative was to try to spend $1,800,000 in unproven technology and hope for the best". Mr. Domenie stated, "South of the North Boardwalk there has been an area of new mangroves, all about six to eight feet high". Perhaps more will come in the future. When we dig the five new major channels that feed into the area between Station #5 and Station #6, that should bring in more saltwater, so we should not have any further cattail problems. Mr, Carroll stated, "It sounds alright to me, as long as it is acceptable". We have had a lot of flack about that. Mr. Wemer stated, "On the other hand, you get a lot of flack from people who think you are going to create a golf course". Mr. Burke asked, "I have a question that I am going to try to fit into the regular meeting". love this system with the Minutes coming out on a disc. I was going through the Budget Sub- committee meeting Minutes and Mr. Domenie had brought up an item about the article in the Pelican Bay Post, where Mr. Ward got attacked because of the approved Cap d'Antibes issue. Mr. Domenie asked the question about anyone else getting copies of those documents. The conversation went along where Mrs. Smith said that anyone .that receives our meeting package gets a complete duplicate copy of whatever it is that the Board receives. It got down to Mr. Domenie saying that the Pelican Bay Property Owners did not get the plans when Mr. Ward 472 /{;,:Z /86A Clam Bay Sub-commlttee February 2, 2005 initially received them. At point Mrs. Smith replied, "Nor did the Pelican Bay Services Division Board" . Mr. Domenie replied, "That is correct". Mr. Burke stated, "There must have been more discussion that is missing from the Minutes because all of the sudden, I said something about the President's Council Meeting and annexation". Something must be missing. Mr. Domenie replied, "No, that is the way it came about". There was no further discussion: we just went right into your question. Mr. Ward, I aske~ you wha! it is ,that you approved, was it the water management? Did you also approve the radius of the roads, so that fire engines could travel? Mr. Carroll stated, "That is on my agenda and we can cover that at the meeting. ADJOURN There being no further business, the meeting adjoumed at 2:50 P.M. James Burke, Chairman 473 / ':J.. 18" 6 MINUTES BUDGET SUB-COMMITTEE MARCH 16, 2005 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, March 16, 2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. David Nordhoff Mr. Edward Staros (Absent) ALSO PRESENT: One (1) Pelican Bay resident; four (4) members of the Pelican Bay Services Division Board; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division and Mrs.,Barbara Smith, ,Recording Secretary. AGENDA 1 . Roll Call 2. Approval of the February 16, 2005 Meeting Minutes 3. Audience Participation 4. Review Levels of Service for Fiscal Year 2006 5. Sub-committee Requests 6. Adjourn ROll CALL Mr. Sutphin called the meeting to order and asked that the record show all members present with the exception of Mr. Ed Staros. APPROVAL OF MINUTES OF THE FEBRUARY 16. 2005 MEETING r. laizzo moved, seconded by Mr. Nordhoff and approved animously, the Minutes of the February 16, 2005 Meeting. AUDIENCE PARTICIPATION There were no audience comments. REVIEW lEVELS OF SERVICE FOR FISCAL YEAR 2006 Mr. Sutphin stated, ''The agenda today deals with a review of the Levels of Service for Fiscal Year 2006". The material that has been included in your package. in a new Power Point format, is a complete reprint of what the Board reviewed and approved one year ago. If you think about it, other than the Capital Programs that you reviewed at last month's Sub-committee Meeting and the March Board Meeting, these Levels of Service determine the budget. Once we \~\b~ . '\\ tf:)\tJ'o \\9~ 360 /~ ::z. 18fo8 Budget Sub-committee Meeting March 16, 200S establish a Level of Service, it is almost a backfilling of numbers to determine what goes in the budget to provide that service. In one respect, this is one of the most important review processes in the budgeting process and is the time, if the Sub-committee feels it is worth recommending to the Board and the Board approves, to either increase or decrease the Levels of Service that we provide to the community. From that will flow the Operating Budget for Fiscal Year 2006. The technique that Mr. Ward has used in the past is to divide the Levels of Service into three categories. Mandatory, which means it is either legally required or required to comply with an existing permit. . I think .that most importaRtly applies to Clam Bay and perhaps the Water Management part of our function. Essential, I would define as those things that we are not legally required to do, but if we weren't providing those kinds of services to the community, then why would we be here? The third level is discretionary, which are the things that each year I think that we can and should review in detail and make a decision whether to continue them, discontinue them or modify them. The biggest one that pops into that category is security. I would like to deliberately not debate security at this meeting. I think security is going to be a Board decision to continue, eliminate or modify, from the standpoint of keeping it or getting rid of it. It is the simplest thing that we have to deal with because it is a 100% contracted service and requires no restructuring of the Pelican Bay Services Division personnel or the way the Pelican Bay Services Division operates. We either pay for the service or we don't. Mr. Nordhoff asked, "00 you think the Board would like to get a recommendation from us, or do you think we should ignore it and not make a recommendation"? Mr. Sutphin replied, "l am perfectly willing to provide the consensus of this Sub- committee, but I have a feeling that each Board Member has his own view". Mr. Nordhoff stated, "So our recommendation would be a moot point". Mr. Sutphin stated, "I am not sure that anything that.this Sub-committee recommends is going to change the mind of any individual on the Board". I am perfectly willing to come up with a consensus and I do suggest that we save that for last. Mr. laizzo stated, "I would like to add to the discretionary level". I feel that if we are going to have a discretionary fund, we ought to put a limit on how much of our discretionary fund 361 /G,:z. Idlce Budget Sub-committee Meeting March 16,2005 that we want to spend. If we go over that limit, we need to get feedback from the community as to spending that kind of money or not. Mr. Sutphin replied, "I don't disagree". The term discretionary, in the context that I just used, applies to the entire service. A perfect example is beach cleaning. We do not have to clean the beaches. That is a discretionary expense that we, as a board, have decided to fund. If you decide to continue to clean the beaches, there are two levels to that decision, one that establishes a threshold level of spending and the next level is how often do you want to clean the beach? It is pretty simple. Mr. Sutphin continued, ''The aquatic systems are a combination of mandatory and the permitting that requires us to do certain things". There are things over and above that, which we do that we now consider essential. I guess the line between essential and discretionary is a little fuzzy at times. Mr. Sutphin stated, "Street sweeping is discretionary". Street lighting is mandatory. The kinds of street lighting that we provide, beyond having something out there that provides whatever the law says, is discretionary. Does anyone disagree with the classification of those items? This is a replay from a year ago. Mr. Spanier asked, 'When we talk about street lighting as mandatory, since we are a municipality of the County, is there a statute that mandates street lighting throughout the County"? Mr. Ward replied, "County Ordinance prescribes the use of street lights on the different kinds of roads". Generally, the classifications are like a rural road section, such as you would find in Golden Gate and may not have a light requirement on it. An arterial road, such as Pelican Bay Boulevard, would require lighting and there is a prescribed lighting standard for those roadways. Mr. Spanier asked, 'What about our cul-de-sacs"? Mr. Ward replied, ''Those are going to be considered arterial roads". Mr. Spanier asked, "Are they mandated by statute or policy"? Mr. Ward replied, "Determined by Ordinance of the County, which is the law". 362 /~~ 16 fo8 Budget Sub-committee Meeting March 16, 2005 Mr. laizzo asked, "Does the ordinance dictate the distance between lamps and the kind of illumination that we need to see on the ground"? Mr. Ward replied, "Generally, an Ordinance does not", Mr. Sutphin stated, "I guess there is a standard County light pole and anything beyond that gets into the discretionary capital element". Mr. Ward replied, "You can use a standard Florida Power and Light concrete pole and mast head". There are a lot of them in the City of Naples and is pretty much the standard you will find in most local governments. ,If you use a standard that is beyond that, it is generally called premium lighting, like what we use in Pelican Bay, and you pay for that system at that point in time. Mr. Sutphin stated, "Let's not get hung up on street lighting, because to do so would get into the area of Capital spending and that is not the agenda today". Today's agenda is Operating Budget Fiscal Year 2006. Mr. Sutphin continued, "Street signs are mandatory". Again, how fancy they are is discretionary. Community Beautification is that fuzzy one between essential and discretionary. It is certainly not mandatory. We don't have to pay for anything. We don't have to cut the grass. Mr. Sutphin stated, "Clam Bay is a combination of mandatory, by permit and essential, because I would not want to sit up here if we stopped taking care of the mangroves or cleaning the beaches". Security, as we have already discussed, is discretionary. Mr. Domenie asked, 'Wouldn't some of Clam Bay be discretionary rather than essential"? Mr. Sutphin replied, "Possibly, it is in that gray area". I would like to think of discretionary as something that is relatively easy to eliminate. In other words, it is an identifiable chunk that you could eliminate. For instance, you could eliminate all discretionary spending for this year. Mr. Ward stated, "That is the way I look at it". Mr. laizzo stated, "The way I look at it is that it is not mandatory or essential". Mr. Sutphin stated, "In most organizations you try to keep those discretionary elements isolated, for just that reason". If things got tough, you say, we are curtailing all discretionary 363 /b Z //3613 Budget Sub-committee Meeting March 16. 2005 spending and you know exactly what it is that stops. We have not done that in Clam Bay and maybe we should. Mr. laizzo stated, ''Then we would pick them". I would not say that everything that drops is discretionary. Mr. Sutphin replied, "Absolutely not". Mr. Spanier stated, "You must bare in mind that where the County had the permit to maintain the mangroves and allowed the die off to begin and proceed, it was action by this community, which is part of the County, that raised the money and shouldered that -responsibility". If we were to cease to exist, and is one of the questions that I would like Mr. Ward to clarify, would the County revert to whatever level of service they saw fit to provide here? We would have a serious question as to whether the City of Naples would walk in and participate or whether we would need a special district. The problem is profound and goes to one of the many aspects of change of status in the event of annexation. I am assuming the permit would apply to the County, or to this Board, which has undertaken to act as the County. Mr. Ward replied, "Correcf'. Mr. Spanier stated, "If we were to drop out of the picture, the County would simply have a mandatory level of maintenance with the mangroves". Mr. Ward replied, "It would, with the assumption being that if the Division goes away as a result of annexation, but that is not a fact. Mr. Spanier asked, 'What is not a fact"? Mr. Ward replied, "The Dependent District, called the Pelican Bay Services Division, does not cease to exist as a result of annexation". Mr. Spanier stated, ''The MSTBU ceases to exit". Mr. Ward replied. "No, it does not". The County would have to take affirmative action to do that. Mr. Sutphin stated, "They would have to revoke the Ordinance that created us". Mr. laizzo stated, ''The County is not the one that would have to do it; we would be the ones that have to revoke it". 364 /~::L /6b g Budget Sub-committee Meeting March 16,2005 Mr. Ward replied, "It is a County Ordinance, so the County would have to do it". Mr. Spanier, I think you were saying that the County would assume the financial responsibility countywide if that would happen. My point is; that is not true. They could keep the MSTBU in place, still fund it the same way it is funded; just different services. Mr. Sutphin stated, "As I understand the Clam Bay issue, the mandatory part of Clam Bay is the permit, which basically requires the County to monitor how fast the mangroves are dying or recovering" . Mr. Ward replied.."Ves". Mr. Sutphin stated, "The permit does not require any proactive action". Mr. Domenie stated, "It is basically what we get refunded by the County". Mr. Sutphin replied, "Exactly". Mr. Sutphin continued, "I do not want to spend a lot of time on this unless a Sub- committee member, or a member of the audience, feels we ought to change something". This is basically what we are doing today. Mr. Spanier stated, "This exercise is going to represent our proposed blueprint of service levels and package, which will hopefully be endorsed by the Board and by County action". I would like to see that program and part of the recommendation to our Board be, that in the course of dealing with the preparation for annexation, indicate that this expression of service levels be appended, certified and accepted by the City of Naples, if annexation goes through, Mr. Sutphin stated, "That is a nice idea, but I don't know that you can demand that". Said a different way, this document may, with a little embellishment, become a job description of what the Services Division does for a living. Mr. Spanier stated, 'What I am concerned with is the meaning of statements such as, "The same quality and level of services will be maintained", While I know everyone is operating in good faith, politicians change and offices change, but documents don't change. I believe this should be a codicil or appendix to any document of annexation that finally goes to referendum. That is my suggestion and I am a member of this Board. 365 /6::Z /1368 Budget Sub-committee Meeting March 16. 2005 Mr. Sutphin stated, lilt is also not within this Subcommittee's purview to tell the City of Naples what to include in their referendum". Mr. Spanier stated, "I am suggesting our Board, which can make all of the make or break decisions in this matter, make that request". Mr. Sutphin stated, "I would suggest that a Board Meeting would be the correct place to bring that up". Mr. laizzo stated, "The way I see it, that falls on the Foundation". Mr. Domenie stated, "At one point we were planning on doing less fertilization along Gulf Park Drive to save some money". Mr. Sutphin replied, ''That is in process". Mr. Domenie stated, "I don't know how that is going to affect this budget". Mr. Sutphin replied, "It is probably too early because it is going to take approximately a year to a year and a half to see if that program is worthwhile continuing". Mr. Domenie asked, "Are we doing it"? Mr. Sutphin replied, "Yes, and I would expect that at the second quarterly review, which will be in April, that Mr. Lukasz will have an update on where we are on that project". Mr. Burke asked, "Is this the current level of service"? Mr. Sutphin replied, "Yes, except that there are three plantings instead of two". Mr. Burke stated, "Everyone appears to be happy with it". It appears to me that would be the job description that Mr. Trecker of the Foundation would take to the City of Naples. Mr. Sutphin replied, "It would be very nice if he would do that". Let's go through this and then, if the Sub-committee wants to make a recommendation to the Board that they request Mr. Trecker to do that, then I would be prepared to sponsor that recommendation. Mr. Domenie stated, "I brought that up at one of the meetings when I said that in the City of Naples there are no annuals in any of the medians and I was assured that the City was aware of our annual program". Mr. Spanier asked, 'What does that mean"? Mr. Domenie replied, ''That they are going to carry forward on that program". 366 162 /l3b8 Budget Sub-committee Meeting March 16, 2005 Mr. Sutphin stated, "This is what we do and I am not proposing that we change anything". I think it is useful to look at this unless, Mr. Ward, you feel that there is something we should be focusing on that we are not. Mr. Ward replied, "No, there are no other issues". Mr. Sutphin stated, ''The bulk of our money, non-capital, is spent in the Community Beautification area". It is approximately $1,500,000 out of a $4,000,000 budget. Mr. Carroll asked, "Is the $450,000 that we spend maintaining Foundation property, part of that number"? . Mr. Sutphin replied, "Yes". It is approximately $500,000 for private property and $1,000,000 for public property. It is my understanding that the City would not touch private property. Mr. Carroll replied, "That is right". Mr. Domenie stated, "I received a note from Mr. Seblatnigg that says that all private property is included in the City's estimates". Mr. Ward replied, ''The City would not be able to do that". Mr. Carroll stated, ''The City told Mr. Ward and I that they would not". That will just be outside contractors coming in here and whacking up the lawns for the Foundation. Mr. Sutphin stated, "This gets into specific detail of what we do and would be a good standard of service to provide the city as a benchmark". I have no idea how they would respond. Mr. Sutphin stated, 'We currently budget for weekly beach cleaning", It is an area that is purely discretionary. Do we get complaints that would indicate that we might want to consider doing more beach cleaning? Mr. Ward replied, "We do. primarily from the Foundation". We never get a formal recommendation from the Foundation of what they want. Mr. Sutphin stated, "Maybe we should ask". Mr. Ward replied, 'We have asked, they just do not respond". They do some of their own beach cleaning and I really don't know what it is. Mr. Burke asked, "Does the Ritz Carlton do their own beach cleaning"? 367 /6.:L /.8&'8 Budget Sub-committee Meeting March 16,2005 Mr. Ward replied, "Yes, they do". Mr. Sutphin stated, "Bay Colony does some clean up also, although it is not a major clean up". Mr. laizzo asked, 'What fund does beach cleaning come under"? Mr. Ward replied, "It is in the community appearance fund, the one that you call landscaping" . Mr. Sutphin asked, "Is it right that we can clean the beach from November 1 through May 1, but we can~t touch it during turtle nesting season"? Mr. Lukasz replied, 'We do it year-round". That is why we do Bay Colony during turtle season. Mr. Sutphin replied, "I didn't think that you did". Mr. Lukasz replied, "Yes, on Friday's". Mr. Sutphin asked, "So that we have a number, what does it cost us for weekly beach cleaning"? With that number, if we were asked to go to twice a week, we would know exactly what we are dealing with. Mr. Burke asked, "Do you still clean the beach once a week during the summer"? Mr. Lukasz replied, "Yes, we were doing it every other week during the summer, but the Foundation received complaints due to more seaweed on the beach and an odor". Mr. Sutphin stated, ''There is more natural debris during the summer and more man made debris during the season". Mr. Ward stated, "I don't know those costs because they have not been calculated in that way for a number of years". Mr. Sutphin stated, "For the Board Meeting, which is in three weeks, just so that the Board knows what that number is, I would appreciate it if you would come up with a number for cleaning the beach twice a week, if we were to do so". It would then become a simple decision. Mr. laizzo stated, "I can find beach permits, but I don't see anything for the funding of beach cleaning". 368 10:1. /B bIB Budget Sub-committee Meeting March 16, 2005 Mr. Ward replied, ''That is because it is in line items, whether it is Personal Services, Equipment Maintenance or gas, or whatever it might be". It is just included in a line item. We will have to extract that and provide you with a beach cleaning number. Mr. Sutphin asked, "Do we have a number for street sweeping"? Mr. Ward replied, "It is $400.00 for sweeping Pelican bay Boulevard and $325.00 for each single family sweeping". Mr. Sutphin stated, "I know of no complaints or problems in the operational aspect of our Water Management Budget". We have the -ongoing controversy of the Capital Program, which I do not want to get into at this meeting. Mr. Domenie asked, 'Would we require capital to repair any of the culverts that connect the lakes"? Mr. Ward replied, ''They are all in good condition". They flush through fine and generally do not have problems. Mr. Sutphin stated, "I know of nothing on street lighting in the operating area". Mr. Sutphin continued, "Mr. Ward, is this page of Clam Bay mandatory"? Mr. Ward replied, "Yes". Mr. Sutphin stated, "In that case, we can skip that because it is not going to change". The Annual Report is mandatory and exotic maintenance is discretionary, or in that area between discretionary and essential. It is not mandated. Mr. Ward replied, "It is not mandated; it is somewhere between mandatory and essential and is funded by the County". Mr. Sutphin stated, "I have not heard any recommendation for change, other than change two plantings to three, which I will take care of". Unless the Sub-committee objects, I would propose to submit this to the Board for approval at the April meeting. It would then go to Mr. Ward and staff, as approved or with any modifications the Board might choose to approve, to be priced out. That would become the Operating Budget for Fiscal Year 2006. Mr. lazzo stated, "I would like to recommend that this Board put a ceiling on discretionary funds". 369 /1c::L /668 Budget Sub-committee Meeting March 16, 2005 Mr. Sutphin replied, "Anything that is discretionary has a budgeted number". Mr. laizzo stated, "Not in that term; in terms of amount of dollars spent for discretionary maintenance". If we spend over "x" number of dollars, it is out of our hands and we really need to go to the community for approval. We are spending their money, it is discretionary, let them decide. Mr. Ward replied, "I don't know how you do that in this environment". Mr. laizzo replied, 'We will work it out". Mr. Ward stated, "You make that decision every year as you adept the -budget". ' , Mr. laizzo replied, "Yes, but we never set a limit where we have to go to the community for permission to spend their money". We are spending close to $500,000 for security and I think there is a level of concern where we have to give it back to the community to make that decision, since we are responsible for taxing them. Mr. Carroll stated, ''That is what you were elected to do". Mr. Sutphin stated, "In principle I might agree with you, but we just went through an election to elect four people to this Board, which was publicized". There was the closest thing to a public revolt here about four years ago that led to the production of this Ordinance, where the community would elect the people that sits on this Board. We had a meeting hosted to meet the candidates and at the end of the day, twenty percent of the people in the community chose to respond. That means that 80% of the community does not give a damn. I don't see how we can effectively go to the community for anything. Mr. Nordhoff stated, 'We would be doing a disservice to ourselves if we put a number on spending and then we couldn't afford to do what we decided we needed to do". I don't know how you can put a number on something before you know what it is you want to do and how much it is going to cost. I think it is our duty to decide if we need security or not and to pay the best going rate for it. To put a number on it would hamstring us. Mr. laizzo replied, "I think it is a Board decision". 370 Ib:J. /868 Budget Sub-committee Meeting March 16, 2005 Mr. Burke stated, "I don't know what the response is to Foundation inquiries, but we get approximately an 8%-12% response". That says we may have 1,300 people that care or are concerned. Mr. Sutphin stated, 'We had response from 1,400 residential units out of 7,000". Mr. laizzo stated, ''There are 6,742 ERU's and of those there are close to 400 that are commercial". That drops you down quite a bit. You are talking approximately 12,000 residents. Mr. Nordhoff stated, "I am on the Cable Committee and there are approximately 6,500 cable hookups". That is the. number and it is not muddled with commercial. Mr. Sutphin stated, "I did not want to imply that I was surprised by this". Mr. Spanier stated, "The number interpretation, rather than a lack of interest, is that many people that I know, think that everything is great". People, who are not full time residents, come in and see that hurricane damage was cleared in some magical way and that stormwater is off the streets and they are not agitated. They feel that everything is great. An interpretation of the low level of participation in voting is an endorsement of the way things are organized and operating. Mr. Sutphin replied, "I would not disagree with that". Mr. Spanier stated, 'We should keep that in mind when we say that nobody gives a damn". Mr. Sutphin stated, "Nobody cares to change it because it is running fine and don't bother me with the details". Mr. Nordhoff stated, "I don't think that what we charge will cause a massive uprising". think we have one or two people, and Mr. laizzo, who seem to be the ones complaining in the entire Pelican Bay community. Mr. laizzo stated, "My complaint is security". Mr. Nordhoff stated, "I think security should be a no brainer this year, after the City said what they would do if annexation took place". They defined the terms of the security level required. Mr. Burke stated, "If the City comes up with a plan that duplicates it, you have to wonder". 371 /1:,2. 166/3 Budget Sub-committee Meeting March 16, 2005 Mr. Sutphin stated, ''The next two charts deal with something that I added to the agenda after I had sent it into Mrs. Smith". I am quite concerned about this and I know we have discussed Uninsured Assets before. Mr. Ward, could you restate the law as you understand it? What happens to our $1,200,000 to.morrow, if we become part of the City of Naples? Mr. Ward replied, "Nothing, it stays in that particular fund that was established by the County" . Mr. Sutphin asked, "Collier Co.unty or the City of Naples"? Mr. Ward replied, "Collier County". What people in Pelican Bay seem to forget is that annexation, in and of itself, do.es not transfer anything to another agency". It just annexes you or un-annexes you from a city. After annexation occurs, those asset and liability transfers have to be worked out between the government it is going from and the go.vernment it is going to.. That can take a lot of different forms, depending upon what the issues are that are on the table. Mr. Sutphin stated, ''Then there comes a point in time when the City is going to take over the responsibility for the Uninsured Assets". What happens to the $1,OOO,000? Mr. Ward replied. "As a part of the discussion of the transfer of the whole asset program, the Co.unty may transfer to the City, it may transfer to its' General Fund, it may split it with the City, it could do whatever it wants". The City, on the same token if it accepts it, can do whatever it wants with those monies. Mr. Carroll stated, ''That might not be in our best interest". Mr. Ward stated, "Yo.u can't look at anyone issue myopically". In an annexation, you have to look at the whole pie of what is going on politically and financially". They will all be on a sheet of paper, like a negotiation you are doing in your business. They are all out there, you negotiate them out and so.me you win; some you lose. You don't know what you are going to win or what you are go.ing to. lose. Mr. Sutphin stated, ''There is no guarantee that the $160.00 per ERU that each taxpayer has in the bank wo.uld come with them to Naples for their betterment". Mr. Nordhoff stated, "I don't think we should anticipate seeing any of that". We paid it to the County to do something and now we are leaving the County. 372 162 //3{,8 Budget Sub-committee Meeting March 16.2005 Mr. Domenie stated, "I have asked another question". On September 30th we need approximately $1,000,000 to carry us over until the new revenues start to flow in". In addition to the $1,000,000 in Uninsured Assets, we may have another $1,000,000 in revenue available, so we are talking over $2,000,000. Am I correct? Mr. Sutphin replied, "Yes, but that is operating spending and is going to get spent by one entity or another". Maybe the answer to that lies in the second part of that slide. Do we have a pro forma balance sheet for the Pelican Bay Services Division? Mr. Ward repWed,.~'No, not really". -- Mr. Sutphin asked, "Could we come up with something that approximated it"? I mean more fixed assets like trucks, mowers, etc. Mr. Ward replied, ''That, we have". Mr. Sutphin stated, "Items that residents have paid for and for each piece of equipment there is a replacement reserve on the books that has cash sitting in it". Mr. Ward replied, "Right". That analysis we have. Those are what I call tangible assets. Mr. Sutphin stated, "Mr. Ward, in your opinion, what would happen to those assets if the City took over the landscaping responsibility"? Mr. Ward replied, "The same thing". It is just another asset, in the mix, to be negotiated with the City. Mr. laizzo stated, 'We are getting two sides to that story". They are saying whatever came out of this community in dollars, would go to the City". Mr. Ward asked, 'Who says that"? Mr. laizzo replied, ''The pro-annexation people". Mr. Ward stated, ''The correct legal answer is, that once the two parties sign the agreement to flush out what happens to the assets and liabilities, then you know what the answer to the question is". Mr. laizzo stated, "I understand that, but no one has ever contradicted the questions I have asked as far as monies, vehicles and equipment". 373 16 ::r.. IBu,B Budget Sub-committee Meeting March 16, 2005 Mr. Nordhoff stated, "Mr. Seblatnigg is known to say that there are no downsides", There are significant downsides and this would be a significant downside. Mr. Sutphin stated, "If I am paraphrasing you, there is no pre-nuptial agreement here". You negotiate the terms after the marriage. Mr. Ward replied, "No, you don't do pre-nuptial agreements in this business". Mr. Carroll asked, "Mr. Ward, could you put a dimension on the assets we are talking about here"? Is it $500,000 or a $1,OOO,000? Mr. laizzo stated, "It would be important to have those numbers'!. Mr. Nordhoff asked, "If we charge our residents an amount of money on the November tax bill for the entire Fiscal Year and in February annexation is voted in, does the County refund some of that money? That is another potential financial loss. Mr. Domenie asked, ''That was my question, when does annexation take place"? I would guess that it would take place on September 30, 2006. Even then, we will have $1,000,000 in cash flow available. Mr. Carroll stated, "I thought they said that annexation would take place the day after a yes vote". Mr. Ward stated, "The asset number is a big number and is in the budget book". Mr. Sutphin stated, "Between the two, you are probably looking at $300.00 per average Pelican Bay household". Mr. Spanier stated, "It would be wonderful if this discussion were taking place in a forum for residents on the downside of annexation". Mr. Domenie stated, "I have put those questions in writing to the Foundation". Mr. Spanier replied, "Yes, but we are not going to get the answers". I hardly had the chance to speak for three minutes at the last meeting. Mr. Sutphin asked, "If we got past page one and the Uninsured Asset Reserve went into the City bank account, is the City structured to allocate reserve funds to a specific neighborhood"? 374 /~z / BioS Budget Sub-committee Meeting March 16. 2005 Mr, Ward replied, ''The City would have to establish a Dependent District over Pelican Bay, exactly the same way the County has established one". Mr. Sutphin asked, "Do they have those right now"? Mr. Ward replied, "Most cities do not, but I don't know if Naples does or does not". Generally, you will find that the city does exactly the same thing as the County does. It will establish a Dependent District over an area, provide some mechanism to govern it, like you have here and allow for taxation and service powers. It can do that and then establish a separate accounting of whatev.er assets go into that District. Mr. Spanier asked, "From where does the City get their power"? Mr. Ward replied, "General law". Mr. Spanier asked, "Does it allow cities and counties to create Districts and disestablish them"? Mr. Ward replied, "Right". In Florida, local governments, primarily cities and counties, derive what we call "Constitutional Willpower". Generally, unless it is expressly prohibited by statute, they are permitted to exercise legislative authority in the disposition of the services that they provide. In Florida, however, counties derive a lot of their power from Chapter 125 and cities under Chapter 163. If you look, there are mechanisms to establish the kinds of Dependent Districts that you have in Pelican Bay, across this entire State. Mr. Spanier asked, "Are they not empowered and constrained by their own Charter to chart a city"? Mr. Ward replied, "Right, that is the Home Rule Power Section". That power is derived constitutionally. You operate under the Charter and State laws. The Charter can limit the State law, but it can't go beyond the powers granted in the State law. Collier County happens to be Non-chartered, but I have never seen an issue of District's raised in a City Charter. Mr. Nordhoff stated, "Bear's Paw has been annexed into the City and is a private community". It would be interesting to find out if they have their own Dependent District. They have to take care of their own facilities, maybe not too dissimilar from how we take care of Pelican Bay. 375 /6~ /8bB Budget Sub-committee Meeting March 16.2005 Mr. Sutphin stated, 'When I first thought about this Uninsured Asset issue, I thought to myself that there are a lot of unanswered questions and that there is certainly a simple way to solve the problem and that is to spend ir. That way, it is not there for somebody to take. That would require a couple of things. Certainly some risk that we are not going to get a major storm next fall and the understanding that if annexation was defeated, that the residents would have to be prepared to replenish that reserve the following year. When that thought occurred to me, I sent e-mail to Mr. Seblatnigg, saying that I was concerned about this particular item and if we were going to .consider it as a budget option, it could only work if the Foundation supported it and made everyone aware that this was what was happening. In the event of no annexation, the extra $150.00 hit the following year would be required to replenish the Reserves. There would be a lower assessment in the fall of Fiscal Year 2005 and a much higher assessment in the fall of Fiscal Year 2006. Mr. Spanier asked, "Isn't that basically a self-insurance fund"? How can we spend it? Mr. Sutphin replied, 'We just spend it". Mr. Spanier stated, "My understanding was that the Uninsured Asset Fund is that it is, in effect, a self-insurance fund, so that in the event of a catastrophe we can do what Mr. Ward did". We had the money to replace these assets that only a self- insurer would insure. Mr. Sutphin replied, "Yes, but we are not required to have that reserve". Mr. Spanier replied, "I understand; I am talking utilization". I don't believe that we can spend it on beautification. Mr. Sutphin stated, "If the Board were to so vote and the Commissioner's approved the budget. it could be put right into the operating Fund if we feel that it is in jeopardy and we are willing to take the risk that we are not going to get caught with our pants down this fall, and have damage that we can't clean up because we don't have any money". Mr. Nordhoff stated, "I think it is a given, from what Mr. Ward has said, that it stays within the County MSTBU budget". 376 /6/3 / I3tp 8 Budget Sub-committee Meeting March 16. 2005 Mr. Sutphin stated, ''The reality of the situation is that it's not quite that bad because as long as you had some cash, which in the early months of the year you would have, you could borrow" . Mr. Ward replied; "Yes, you could do that". Mr. Sutphin stated, "If the storm came, we probably have enough cash to tie us over until we could get permission to borrow the money to clean it up". Mr. laizzo stated, "Mr. Ward, if annexation comes in February, it doesn't mean that we are annexed instantaneously". .We can always pick an appropriate time to switch over. If the physical year starts October 1 , we may decide to go in on October 1, 2006. Mr. Ward replied, "That would have to be a part of the ballot question". Mr. Carroll stated, "From what I have heard, it would be the next day". Mr. Ward replied, "It can be whatever date, it just has to be whatever the question is on the ballot". Mr. laizzo stated, "You cannot switch on a dime". Mr. Sutphin stated, "I am not making a recommendation here". I am going to meet with the Foundation Audit Committee one week from today and I will report to the Board at the next meeting on the Foundation's view of this issue". Mr. laizzo stated, 'When you do speak with them, make sure you bring up the points that Mr. Ward brought up, whereby everything is on the table for grabs if there is annexation". Mr. Sutphin stated, "I intend to make a copy of this entire Scope of Services, which they may have never seen". Mr. Carroll stated, "Nor has the City". Mr. Sutphin asked, 'What is the latest date that the Board could make a decision on throwing the Uninsured Assets, or some percentage of it, into .the Operating Funds for next year"? Mr. Ward replied, "Sometime during the later part of June". Mr. Sutphin stated, 'We have time to get more information and try to get a feeling for how the City would handle it if they received the money". Mr. Ward, you don't venture to guess on 377 /6:z.. IB68 Budget Sub-committee Meeting March 16. 2005 how difficult it could be to port that money as part of an annexation? To port that money from the County bank account to the City bank account as part of the annexation? Mr. Ward replied, "It is not possible". You cannot do that in this State. You can ask valid questions that are related to annexation or incorporation. Mr. Sutphin asked, "If you have to venture an opinion on who would end up with that money"? Mr. Ward replied, "At that point it is not a pre-nuptial agreement, but what you would want the divorce agreement to look like", I think it just gets tougher and not-easier. It depends on how upset the County is. If you have $1,000,000 in your bank account and you are going through a divorce, where do you think it is going to end up? Mr. Carroll stated, "You mentioned the end of June". In the meantime, we may hear something about the landowners consent vote. Mr. Sutphin asked, "How is the Foundation going to report on the vote"? Are they going to place a tally on their website? Mr. Domenie replied. 'Whenever I bring this up, they tell me that after they have the consent they will negotiate the details". Mr. Nordhoff asked, 'What about the effluent water judgment, that is in the courts and could take months"? Mr. Sutphin stated, "As I understand it, there is no deadline on this consent process". They can just keep hacking away at it until they get 50%, or they give up. Mr. Domenie stated, "Meanwhile, the City is not going to do anything until they get the consenf. Mr. Burke asked, "Even though they did negotiate a 100% transfer of the $1,000,000 to the City and we are a neighborhood of the City, would the City maintain some kind of a line item saying that we have that much money"? Mr. Ward replied, ''The County does the same thing". The internal accounting process differentiates to whom the money belongs, on a fund basis. They would have to adopt the same 378 /0.:z / /36 B Budget Sub-committee Meeting March 16, 2005 thing that the County adopted by Ordinance that gave you the power to set up your board and your taxing powers. Mr. Sutphin stated, "I have no answers to this and do not know what I will get out of the meeting next week with the Foundation Audit Committee, but I will inform the Board in April". Mr. laizzo asked, "Are you going to attend this meeting yourself"? Mr. Sutphin replied, "It is a public meeting". Mr. laizzo asked, "Can we attend"? Mr. Sutphin asked, 'What do the Sunshine laws say"? The Foundation Budget and Audit Committee, which is an open meeting, has invited me to attend. I think any Foundation Member can attend. Mr. Ward replied, "It has to be advertised and open to anybody, not just Foundation Members" . Mr. Nordhoff stated, 'We are all Foundation Members". Mr. Ward replied, "It needs to be broader than that". It has to be that anybody can attend. If the meeting is limited to just Foundation Members, it would not meet the requirements. To me, everybody is everybody in the world. Mr. Sutphin asked, "If three of these gentlemen were in the room for that meeting, is there a potential Sunshine Law violation"? Mr. Ward replied, "Not as a result of their attendance, only if they decided to banter between each other on a matter that would appear before your Board". Mr. Sutphin stated, ''The meeting is at 9:00 A.M. on March 23rd". Mr. Spanier asked, 'Who is the Chairman of that Committee"? Mr. Sutphin replied, "The Chairman is Mr. Bob Uek". ADJOURN There being no further business the meeting adjourned at 4:10 P.M. Mr. Christopher Sutphin, Chairman 379 /(,~ /&8 Quor/I'S IBmdy w 1)95 P-mlher l.<IIle Suite ;00 'fdples. l10rida Yt 109 Tel 2:W,262.59S9 Fax 2,~9,.t34.'l999 WWW.(~.com ...luorl..)" at Law inl Phoenix and Tucson, Ari:cma ,VapIes and &JaJ /laton. florida Chicago, IUinois ,ijilumUlee and Jfadison. Wisam.tin March 17, 2005 Via: Fax to 597-5400 & U.S. Mail Page 1 of3 Pelican Bay Services Mr. Kyle Lukasz 801 Laurel Oak Drive, Suite 605 Naples, Florida 34108 FlI2C€/I/€D NAN 2 1 2005 Re: 7023 Greentree Drive (Pelican Bay), Naples, Florida 34108 ' Dear Mr. Lukasz: Pursuant to your telephone conversation with my assistant, Suzanne Howard, please be advised that this firm represents William J. Rowe and Ellen M. Rowe who own a home located at the above address in Pelican Bay. Provided is a copy of the currently certified boundary survey of the property. There is a ten foot (10') utility easement along the boundary lines of the lots, with 5 feet of utility easement running along each ofthe side lot line of the property. There are three (3) areas where there are encroachments into these utility easements: 1. Along the northeast side a concrete pad encroaches 1.1 feet into the 5 foot utility easement. ') Along the southwest side a concrete pad encroaches 1.8 feet into the easement and a decorative wall encroaches from 1.1 to 1.8 feet into the utility easement. For your use I am also providing an enlarged copy of the sketch portion of the survey to better show the areas of encroachment. Regarding water and sewer utilities. we request from Pelican Bay Services a Letter of No Objection to the encroachments in the utility easements regarding the property described as: Site 45, Pelican Bay, Unit 13. according to the plat thereof as recorded in Plat Book 16, Pages 80 through 86, inclusive, of the Public Records of Collier County, Florida. Thank you for your consideration and assistance. Should you need any additional information, please do not hesitate to contact me at 434-4925, or my assistant Suzanne Howard at 434-4924. Sincerely, Attachments QllNAI'\4:'l(J.~7'1.1 SURVEY SKETCH OF BOUNDARY SURVEY NOT FOR CONSTRUCTION NOT FOR DESIGN CfJI"V. ~r J lI.rJlus. 1:500.00 D~ITQ. 08.OZ'40' Arc. eso.6D r"nQf'nt- 1()$.-f7 Chord- 210.43 Chord Irr;. $.67':58'48'1/, Curv. t"tUI'ti:>>,.. 2 RoaJus- 1900.00 Drl'CQ- 03'1Ct'~9" ,4t"'C'. Joo.OO rdnglPn"t. 50.01 Chord- 99. 9~ Chord Brg. $,67'43'8j'I;', $,67'42':54 'I/: 99, 97' (~ Curv, nul'ttJrr 3 ~odlus- 16""00 D./to. 03"10~$9" Arc. 91.94 raflQ#nt- 4~. 98 Chord- 91,93 Chord Brg. S.67'43'81'I/, S,67'49':54'1/ 91.79' 0<) --- PICHT or IoIA....... SITE' 46 ~ 7.~,- ~ ;t: "' :/ .... ~ ...." :!; :i .1 . ::. 0\ .' ~~ ;" :11 ~ ~I <: i , I --.J rJR 5/8' 8'3~3 /0~ rBbl6 Gll..r COlJRSC STRE:E:T ADDResS. 7023 GREeNTRE:E: DRIVE NAPLES, FLORIDA ,r"IR ~/I? L B 41 nrt S/.~ riA JN4I Pl..4 T Ba.liDARY ~' uc r \ I I \ ~ ~ ... (3) -- i ! j"' I'" I I ;"~ I .. SITC 45 UN(T 13 73.3' SCRO:NCIJ Pro. APCA I" 20.1' '" Cl1VCIPC'D .... PArra 28.j' ,",,:. " ::l SINGLE STORY I/CSIlJCNCE CDvt:RE:D EHTRY 9.9' 1.6' ~ I ., 11 .... .16"'-"d)_ ~ 'I d''' ~. Iii 42' '" _ ~S' 'I 84' iCJ ~. CBS ,",'ALL I l.j ~ \ ~ ~ I vi \ I ~ 8.4' I I"' I t~E T~~~ %~~ '" '<i .. ~I "- l '" "' 21,4' I I BRlCK 1- PAveRS +' D~IVF.: /0' Lit I" (2) ::. I ~ g 1& DI . -=------- ~ ,-r LP ---..:::::.::::=.:~ ~ ~r:;:,,~- ",_I..;~ ~.., (' SA!!! DF BCAR1~ -.1 S,72'()fy00'V S.72-00'OO"w' 12(194' ,-,,) FND PI( & J2D.89~ (P) rr NO ID PI . 28.04' (NJ 28.03' (P) 0.10 PI(" rT NIJ 10 ~i I' ~I , , / /' 1\ ~IQ ~I~ iIll~ I I eDGE' OF P", VCJitCNP 44 98~ UNEINTNrC lJRlve . CE~1'nIIthJl", OlO..... v""rcSJ FIR 'WlrH ALI.MJNUH CAP NO 10 m LEGAL DESCRIPTION: SITE 45. PF:LICAN BA Y, UNIT 13, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 16. PAGES 80 THROUGH 86, INCLUSIVe DF THE PUBLIC ReCORDS OF COLLIeR COUNTY. FLORIDA ~ o 7 15 30 GRAPHIC SCALE CERTIFtED TO : WILLIAM J. ROWE AND [UrN M, ROI,/C HUSBAND AND kllFEJ eMIGRANT MORTGAGe COMPANY, INC" ITS succeSSDRS AND DR ASSIGNS; SaND, SCHOENECK &. KING, PA, AnDRNE:YS' TiTLE: INSURANCE: FUND, me. FLOOD ZONE: X COMMUNITY P,l,NE:L J20067- 0391C DATED; 8-3-92 (FLOOD ZONE ; "S.'-C.'-O., &: "x. ARE NOT CERTIFICATION: IN DESIGNATED FLOOD HAZARD ZONE AREA,) t CERTIFY l'HA T l'HIS SURVEY WAS MADE UNDER MY DIRECllON AND l'HA T IT MEETS NOTE. THE MINIMUM TECHNICAL SIANDARO,S SET FORl'H BY THE BOARD OF PROFESSIONAL IN COMPLIANCE ....ITH F,A-C. LAND SURVEYO MAPPERS I~~R 61G17-6, FLORIDA ADMINISTRATIVE 61G17-6,0031 (5) (E) (IF LOCATION or CODE, PURS S CTI /12 , FLORIDA STATUTES, EASEMENTS OR RIGHT-QF-'w'AY OF' RECORD, "l...,,/ q., / 4-c1 g~~~~R~r~Hi~OMF~M:ir~R~'irA~E: IS BY T---- SURVEY DAlE -L_L FURNISHED TO THE SURVEYOR AND MAPPER, LEI. n F DySARD. PLS #3859 CIlNTON W. FINSTAD. PLS H2453 JEFFRY H, HIWGOSS, PLS ,448e STEPHEN MACDONALD, PIS H4001 NOT A CERTIFlCA liON OF TITLE, ZONING, EASEMENTS OR >REEDOM OF ENCUMSRANCES, NOTE:. iF APPl..ICABU. FENCCS SlDW HEANDdI NOT VALID IM11-lOUT SURVEYOR'S SIGNAruRE AND EMSOSSED SEAL ON OR or. LlNf:S, (APPROJ(, LOCATION ONLY) SURVEY IS VALID FOR 90 DAYS. PLEASE REFER ~Q REVERSE SIDE FOR GENERAL NOTES do: ASSREVlATIONS. 6561 TAYLOR ROAD. SUITE 1 NAPLES, FLORIDA 34109 941-598-5936 FAX 598-5939 ';~"fT':S!mjAI ,'NO SIJRV~Y::;~S:: ~,1'\CP:::;>S- OJ ~56q I F.L.A. SURVEYS CORP. \ ...",;,~"" _.-"7'",;,..jy CL..VO. q MYERS, ;-LORIDA 33907 941-275-8660 >AX ~75-3367 SlTC u I "' J" ::!; j ~$ f ~ SCA~t: J' . 3U' 00 III I 60 REVISIONS PROJECT NO:. .. 01-2030 10~ /668 G.:, -.........: \ '----... ~ '---:" ~ ~ '-'\ ~~ ,~ ~ "-.J ~ ~ ~ ~ II '-~~ '" ~ I \ '- -..... '( 'J ~ : ~ . - . ~ ~ ~ Ct\l:i~ ~1.o.IQl:"" -~t.,;;@5 l21Ci~ ,~L.J -h~t-) -~....W ~~~ct -+-:;<:5~ 5t.-)K4E J ~i . 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I ! 00000 00000 1.00C\l.....CO .....cs:5...tmr>> O>.....C\l.....CO ..... c")~ ~ o W ,..,. z0 wO:::OZ en~l-~ ~ug~ ~5 o..~O:::C) u 0::: (!) enw ~ 5 ~ :r: ~!z~ ->-uz.... woo.. c[f-xO~ enu<!en o..O:::<!Uw ...Jw~...J :::>~I-wo. o <!(!)Cl<!(!) enoen~o wen~<!zO:::zen(!)o:::O:::I-'" ~tl1u~::S~en~zo..~i?~ wu..<! <!-O:::l-enen.....O o.(!)g:~~:!:~<!~zzO:::I- ~~zClz~~6w~~f2 C)O:::OZ<!<!Cl o..l-l-w zwu<!zu<!(!)OI-I-> j:~o:::::c~en...Jzo:::wwo::: <(!)~~~~~o~~88~ O:::ZI-O:::.....<Cw I-:::>:::>w ~ : W 0 I-:!: ..J ...J U 0 CO CO 0::: 10 Devel /,,:z. 1&7 ./ RECEIVED MAR I 8 2005 ment Services Advisor Sub-Commi<tte&mlssloners (Budget and Operations Sub-Committee) March 9, 2005 3:00 p.m. Conference Room 610 Fiala Halas Henning Coyle Coletta I. Approval of Agenda II. Approval of Minutes of January 12 and February 9, 2005 III. New Business A. Conflict Resolution Policy Performance Standards - S. Murray IV. Old Business A. Update on the Establishment of Performance Standards in Building and Planning Departments -Implementation Date May, 2005 B. Update re Hansen - Example of Workflow Analysis - Gary Mullee V. Next Meeting Date - April 13, 2005 (3:00 p.m. - Conference Room 610) · Analysis of Review Process for Non-Conforming Structures - Ray Bellows VI. Adjournment Goals and Objectives: 1. To make recommendations to the DSAC of Minimum Level Customer Service Standards for all departments operating within CDES. 2. To make recommendations to the DSAC of reports necessary for the DSAC to measure CDES departments' performance in meeting Customer Service Standards. 3. To make recommendations to the DSAC of improved means and methods necessary for the DSAC to measure Customer Service Performance for all departments operating within CDES. 4. To make recommendations to the DSAC of improved means and methods necessary to generate consistent application of Customer Service Policies and Procedures of departments operating within CDES and to ensure the timely, accurate and complete dissemination of these policies and procedures. 5. To make recommendations to the DSAC relating to the adoption of the fiscal year 2004/2005 CDES operating and capital budget prior to it being discussed by the Board ,'.,. .;.... of County Commissioners at their preliminary budget workshops in the spring of 2004.,.~.._ Comas: I I t oate:~ ILr,lftllR Lt )\ b-, , , \: 11 .~' ~: r I"Z /81 March 9,2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE BUDGET & OPERATIONS SUB-COMMITTEE Naples, Florida, March 9, 2005 LET IT BE REMEMBERED that the Collier County Budget and Operations Sub- Committee of the Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION in Conference Room 610 in the Collier County Development Services Center, Naples, Florida, with the following members present: CHAIRMAN: Peter Van Arsda1e Charles Abbott Dalas Disney Blair Foley Jason Mikes ST AFF PRESENT: William Hammond, Director, Building Review & Permitting Sandra Lea, Executive Secretary, CDES Administration Gary Mullee, Financial Operations Manager, Financial Administration & Housing Susan Murray, Director, Zoning & Land Development Review Joseph K. Schmitt, Administrator, Community Development & Environmental Services ALSO PRESENT: Arthur Rubens, Consultant Chairman Peter Van Arsdale called the meeting to order at 3 :05 PM, I, APPROVAL OF AGENDA Mr. VanArsdale added the following item under "New Business": · Customer Satisfaction Survey - Arthur Rubens I':z. /81 March 9, 2005 On motion duly made by Dalas Disney and seconded by Flair Foley, the amended agenda was unanimously approved. II. APPROVAL OF MINUTES OF JANUARY 12 AND FEBRUARY 9. 2005 On motion duly made by Dalas Disney and seconded by Jason Mikes, minutes of the January 12 and February 9, 2005 meetings ofthe Development Services and Advisory Budget and Operations Subcommittee were unanimously approved. III. NEW BUSINESS A. Patient Satisfaction Survey - Arthur Rubens Dr. Arthur Rubens advised that in January, 2005, the Economic Development Council contracted with him to perform an initial evaluation ofthe review process which would serve as a pilot for future studies. The study will include a review of Collier County databases, an evaluation and assessment of customer perceptions and performance of a benchmark analysis in terms of regulatory and process standards for other municipalities of similar size. The study is being completed collaboratively with Neighborhood America and was sent to approximately 1,200 participants, all of whom have experience with the permitting process at Collier County. In response to a question raised by Mr. Disney regarding the intended use of the survey results, Mr. Schmitt advised that an analysis/assessment will be prepared by Dr. Rubens in which potentially sensitive areas and trends will be identified. A Task Force, composed of staff and representatives of industry, will meet to develop an Action Plan to address the issues. Mr. Schmitt added that once an Action Plan is integrated, a better understanding will be gained with respect to what processes are repetitive and what areas in the code are problematic, Mr. Schmitt noted, however, that the primary focus of the Division at this time is the implementation of Hansen software, which is expected to occur November 7, 2005. B. Conflict Resolution Policy Performance Standards - S, Murray Ms. Susan Murray, Director of Zoning and Land Development Review, distributed copies of the Conflict Resolution Process and Procedures for Site Development Plans. In terms of performance standards, she established timeframes for each action item, The process will be tracked by the Hansen software program. She noted that at this time, there is no fee associated with the process. 2 I'.::L /87 March 9,2005 In response to a suggestion by Mr.VanArsdale that a monitoring sheet be developed, Ms. Murray indicated that she is prepared to begin a monitoring process and will present the first report at the May 11, 2005 meeting. IV, OLD BUSINESS A. Update on the Establishment of Performance Standards in Building and Planning Departments - Joe Schmitt As a follow-up to discussion and concern expressed at the February 9,2005 Budget and Operations Subcommittee meeting with respect to the timeframes for completion of building reviews, Mr. Schmitt commented that statistically, commercial building reviews take at least 45 working days. He noted that comparisons to the City of Naples are irrelative as the level of staff and volume of work is vastly different. Although the original intent of building review was a more streamlined process, the necessity for involvement of other Divisions in the review process as well as other circumstances negate the ability to maintain a "one-stop shop". Mr. Foley stated that industry and staff need to work cohesively to improve service. He further expressed the belief that the turnaround times for building reviews are generally not an issue with industry, adding that 5-6 weeks may be considered reasonable for a County that is experiencing considerable growth. Mr. Disney commented that although timeframes for certain projects appear reasonable, he felt that some reviews need improvement. He suggested that comparative data be requested from Lee County in terms of FTEs and volume of work per FTE. Dr. Rubens offered his opinion that performance standards are generally benchmarked on established measures. Although time-consuming, established goals are more realistic and not arbitrary. He added that the standards can be incorporated into an integrated system (i.e., Hansen). Mr. Schmitt commented that the ability to hire additional staff would help to improve the level of service in terms of turnaround time. Although hiring of additional staff at this time is currently restricted Countywide, CDES currently possesses enough cash reserves to accommodate additional staff. Mr. Schmitt advised that he plans to submit a proposal for additional staff to the Board of County Commissioners for the FY 2006 budget. In order to streamline the process, Mr. Foley suggested that a common template be developed for the reviews. Mr. Hammond agreed that a cooperative effort is in order. Effectiveness of the assembly of the plan makes a tremendous difference in the overall review. With the implementation of Hansen, a record of backlog will be possible. Standards will be based on a combination of backlog and staffing levels. 3 /6.2 L87 March 9, 2005 Following discussion, it was the consensus ofthe Subcommittee that although continued discussion should take place with respect to timeframes, the Subcommittee must balance the need for quicker turnarounds with the need for appropriate and thorough inspections and reviews. It was agreed that 30 minutes should be allocated at each meeting to discuss the building review timeframes. Review times for commercial building development will be discussed at the April 13,2005 meeting. B. Update re Hansen - Example of Workflow Analysis - Gary Mullee Mr. Mullee presented preliminary material with respect to budget guidance and goals as well as a Hansen Process Flow Narrative Document. He briefly reviewed the budget goals and current cash reserves for Funds 113 and 131. The Subcommittee briefly discussed the need for additional staff to improve the level of service based on the substantial increase in business activity. Mr. VanArsdale will contact Mr. Schmitt to offer the Subcommittee's support with respect to requests for additional staff in FY 2006. Questions regarding the Hansen Process Flow Narrative Document should be directed to Mr. Mullee prior to the April 13th meeting. The budget goals and Hansen update will be discussed in greater detail at the April 13, 2005 Subcommittee meeting. V. NEXT MEETING DATE The next meeting of the DSAC Budget and Operations Subcommittee will be Wednesday, April 13, 2005 at 3:00 p.m. in Conference Room 610. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:30 PM. COLLIER COUNTY BUDGET & OPERATIONS SUB-COMMITTEE OF THE DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Peter Van Arsdale 4 .. March 15, 2005 Radio Road Beautification M.S.T.U. 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Naples, Florida, February 10,2005 RECEIVED Hennmg ~ Coyle ~ t/ J MAR 2 3 2005 Coletta Board of County Commissioners LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Ron Pennington John Arceri (Excused) Murray Hendel Graham Ginsberg (Resigned/Absent) Heidi Kulpa Tony Pires James Snediker John Sorey III Paul Sullivan (Excused) ALSO PRESENT: Ron Hovell, Project Mgr. Coastal Projects Maria Bernal, Tourism Heidi Ashton, Assistant County Attorney J ack Weft, Tourism Director ; I,.. 'j, hthll~ . } )(olt) I 59 Page 1 /,,:1. /8'1 February 10,2005 The meeting was called to order by Chairman Ron Pennington at 1 :03 PM. I. Roll Call Roll call was taken and a quorum established. Mr. Ginsberg resigned as of February 3, 2005. Mr. Sullivan is excused. Mr. Arceri will be late. II. Changes and Approval of Agenda Mr. Sorey moved to approve the Agenda as presented. Second by Mr. Snediker. Carried unanimously 6-0. III. Public Comments - none IV. Approval of CAC Minutes 1. January 13, 2005 - Page 9 - Ms. Kulpa asked if part of the motion "or be reallocating Wiggins Pass Excess"........was deleted. The tape will be reviewed. Correct spelling of Mr. Below's name was made. Mr. Pires moved to approve the minutes of January 13, 2005 as amended with correct spelling of name. Second by Mr. Sorey. Carried unanimously 6-0. v. Staff Reports Jack Wert - Director of Tourism - introduced new Coastal Projects Manager - Gary McAlpin. VI. New Business 1. Tourist Tax Surplus Investment Recommendations - Jack Wert, Tourism Director - explained presentation that had been given to Tourist Development Council which had been a follow-up of Joint meeting with Tourist Development Council and Board of County Commissioners, all of which had been held in January. Overview of some facts given were as follows: . Tourist Tax surplus not spent last year - carried forward to this fiscal year '05/06. . Rollover with no interest earned . Looking at surplus to be invested in additional marketing and advertising to attract more people in summer months and new destinations. . Surplus to be used in summer months when business is needed. . Will need Ordinance change Discussion took place on the funding, research done on destination, hurricanes, projections, investments and return. Mr. Wert stated he is looking at a one time proposal. . There was a 15% increase of Tourist Tax in summer of '04 . When referendum was passed percentage was 40% for promotion and events - now it is 16%. Page 2 ,,:2 /8 9 February 10,2005 . If funds are given for this summer, they will not need to use the mechanism again. The Ordinance could be changed back according to Mr. Wert. . Category "A" funds cannot be used for anything but Category "A" funds without an Ordinance change. Many comments and questions by Committee members on the diversion of Category "A" funds. Questioned whether the funds are "surplus" funds. Many of the members were not in support of Mr. Wert's proposal. Mr. Pires moved to deny staffs recommendation as to the Amendment to the Tourist Tax Ordinance. Second by Mr. Snediker. Carried unanimously 6-0. Mr. Pires moved to authorize the Chairman of CAC to send a letter to the BCC opposing the diversion of funds as presented in their Agenda packet. Second by Mr. Sorey. Carried unanimously 6-0. 2. Review of FY 2006 Category " A" Grant Applications - Ron HoveD Overview of $7.5M grant applications. Intent is to answer questions on particular issues. a. County/City of Naples Annual Beach Monitoring 2006 - Permits have not been received as of yet. - Having a Budget line item was recommended. - Mr. Hovell will approach the various entities for confirmation to proceed. i. Collier County Shorebird Management Pian (Environmental Services Department) ii. Beach Tilling and Permit Maintenance 2006 b. City of Naples Submitted two applications - Doctors Pass Monitoring/$64,OOO and City of Naples Beach Cleaning/$60,000. c. City of Marco Island - $115,000 from Engineer for monitoring - Laser grading $25,000 - Marco South Beach Renourishment - $1.9M - Caxambas Pass extended Dredging - $2M - Marco Island Beach and Pass Monitoring - $85,000 - Hideaway Beach Tilling - $5,000 d. Environmental Services Department - Sea Turtle Protection-Monitoring & Beach Studies - $162,500 e. Parks & Recreation Department - Beach Cleaning - $429,300 (Previous years budget was requested- more informational details are needed) - Vanderbilt Beach access Paved Walkway & Bridge - $150,000 - Wiggins Pass Monitoring - $34,000 - Beach Accesses Landscaping - $10,000 Page 3 / ~~ /89 February 10,2005 Having Parks & Rec issues brought before CAC was discussed. Mr. Wert mentioned a change in the policy would be needed. f. Pelican Bay - Clam Pass & Eco System Annual Hydrographic Monitoring - $11,000 g. Tourism Department - Project Management & Misc. Fees 2006 - $444,000 (Full time Coastal Management person and salaries were discussed) 3. Vanderbilt Beach Parking Garage Financing - Ron Hovell Funding was discussed with spreadsheet of the 10-year plan shown on the visualizer. Project estimated at $8.1M Mr. Sorey moved to recommend a conceptual approval for fmancing the Vanderbilt Beach Parking Garage. Second by Mr. Pires. Carried unanimously 6-0. BREAK - 3:07 PM RECONVENED - 3:17 pm (Mr. Pires did not return) VII. Old Business 1. TigertaiI-Sand DoUar Island Boardwalk Project-information only - Ron Hovell Letter attached was discussed. Misconceptions were clarified. SPEAKER Brad Cornell- Collier County Audubon Society - (Letter Attached) The letter was regarding the Tigertail Beach Boardwalk feasibility study. County has misunderstandings about the quality of Sand Dollar and Tigertail Beaches and how they promote them. The Audubon Society has concerns about the future. They are concerned with Ms. Ramsey's letter implying DEP would likely approve a boardwalk or bridge. Encouraged CAC to be leaders in an alternative development process to address problems, opportunities and beach access. 2. County/City of Naples Beach Renourishment Update - Ron Hovell State Permit issued on January 12th Fish & Wildlife Service yet to complete Unlikely to get Federal permits soon All data needs to be updated on Website - $6,000 for changes to be made to update. It was the consensus of the Committee the updates be done. 3. Hideaway Beach Renourishment Update - Ron Hovell Recommended approval of work order amendment with Humiston & Moore Engineers in an amount not to exceed $11,648. Page 4 /6:I.. /89 February 10, 2005 Mr. Snediker moved to approve the request for $11,648. Second by Mr. Sorey. Carried unanimously 5-0. 4. Marco South Beach Renourishment/Caxambas pass Dredging Update - Ron Hovell Required to conduct a seagrass survey in order to complete the permit application. 5. Wiggins Pass Dredging Update - Ron Hovell Dredge on site/final stages to start Discussed figures. Revised project estimate was discussed. (Mr. Pires returned at 3:41 PM) Mr. Sorey approved the contract modification for an amount up to $141,072 for allowing payment for the actual dredged quantity. Second by Mr. Snediker. Carried unanimously 6-0. 6. Doctors Pass Dredging Update - Ron Pennington RAI #2 sent to DEP on January 28th. Deleted previous request for extending south channel Other issues were given. VIII. Public Comments - None IX. Announcements . DEP Workshop - March 10th - 5:00 PM with the State Hearing following at 6:00 PM (County hosts the Workshop with the State Hearing being a formal process) X. Committee Member Discussion . Ms. Kulpa asked if they were to receive any handouts for the Workshop. Discussion followed. . Ms. Ashton will continue to attend the CAC meetings. . Mr. Pennington discussed memo to County Attorney to review Ordinance for Boards Code of Conduct. . Mr. Pennington referred to copy of Letter from Clerk of Courts concerning the Interest earned on Category "A" Tourist Tax funds. . Mr. Pennington referred to information from Dr. Staiger concerning Beach Development of which will be on the Website. XI. Next Meeting DatelLocation 1. February 18,2005 12:30 PM - 10- Y ear Plan Workshop - BCC Board Room . Workshop will be advertised. Page 5 /fo~ /89 February 10,2005 2. March 10,2005 - 1:00 PM - Regular Meeting - Bee Board Room ******** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:03 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Ron Pennington Page 6 i/ /6~ 18? February 18, 2005 J RIPT OF THE MEETING OF THE COASTAL ORY COMMITIEE BUDGET WORKSHWECEIVED Naples, Florida, February 18, 2005 MAR 2 3 2005 Fiala Halas Hanning Coyle Co I tiJttf!1 " / "'" Board of County CommiSSIoners LET IT BE REMEMBERED, that the Coastal Advisory Committee Budget Workshop in and for the County of Collier, having conducted business herein, met on this date at 12:30 PM in WORKSHOP SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Ron Pennington John Arceri Murray Hendel (Excused) Heidi Kulpa Tony Pires James Snediker John Sorey III Paul Sullivan (Excused) ALSO PRESENT: Ron Hovell Maria Bernal, Tourism Heidi Ashton, Assistant County Attorney Jack Wert, Tourism Director Gary McAlpin, Coastal Projects Mgr. Mark Isaacson, OMB L ,,::!:'_,~ ;1:;S: .~~tp}D5 r.:fQ lo~) ( 6 ~ To: 1 /62 78'1 February 18, 2005 CAC BUDGET WORKSHOP The Budget Workshop was called to order by CAC Chairman Ron Pennington at 12:30 PM. TDC Category" A" Projections was distributed (Attached) Mr. Hovell introduced Mark Issacson from the Budget Office. Mark Isaacson - OffICe of Manallement and Budllet - the Committee asked how the funds flow through to Finance. He is not with the Finance Dept but gave a synopsis of how the process takes place. (Funds 193-194-195) Some points brought up in discussion are as follow: . Fax is received from tax collector and then broken down by source of tourist collections. (by month) . Then wired to finance - then shift them into various funds according to Ordinance. . Then he checks with SAP system for reconciliation of revenues. . The revenue projections are given from his office Questions, comments and discussion followed on the 10 year plan, revenues, surplus and Category "A, B & C". Renourishment versus Marketing and expenses anticipated was a real concern. Mr. Wert stated forecasting and projections are going to be asked of the hoteliers. This will help their projections for budgeting purposes. Hoteliers are saying they have "no new" business on the books for July/August/September. They did last year at this time, consequently concerned. Proiections . Mark goes through budget process by lobbying IDC and CAC and then prepares a preliminary document that the BCC receives in a Workshop. . Excess over plan - program requirements not projected for. . $6.4M is conservative according to CAC. . Notes by Budget office are reviewed by the various divisions and BCC will know CAC has major concerns. . TDC & CAC both agree the interest should not go back to the General Fund. . Mr. Wert stated projections can be difficult at times - some too high/some too low. Caution 2 /6Z /B7 February 18,2005 . Mark gives a note of caution - wouldn't be concerned on forecast methodology had they not be faced with Mr. Wert's proposal. Last year was a record year in tourist tax receipts based on historical averages. But concerned when they don't know what will happen in the summer months. It is dangerous to make any "wild swings" in forecasting and advises not to do so. . Mr. Wert is concerned about the negative advertising for meeting planners concerning the 2004 Hurricanes. Need to tell people why they "should" consider Florida. . Mr. Pennington is concerned of expending funds when it appears they will have a dire need for them before the end of the year. Revenues 1) Tourist Taxes - Category "A" 2) Reimbursement Revenues - (Sheet attached) a. Local Cost Sharing 1. Received check from Marco Island for their portion of the Hideaway Beach Renourishment. Remainder is projected payments from FL DEP. File quarterly reports with State and then get reimbursed. b. FDEP Contract c. FDEP Long Range Plan d. FEMA Projections 3) Financing a 10 Year Term - Debt analysis for Parks. (Attached) This shows the summary by years. **The Executive Summary of the tourism presentation for the BCC meeting on Tuesday was distributed and discussed. (Attached) Also discussed the Tourist Tax Ordinance change and vote by the Commissioners. Exoenses Covered A. Inlets: . Covered the figures for each Pass . Caxambas Pass information will be provided at the next CAC meeting B. Structures: . #2 - Wood Groins will be removed from the Budget C. Beaches: . Covered the various beaches. D. Beach Maintenance (Includes) . Sea Turtle Monitoring . Beach Cleaning . Dunes/Structures/Misc. E. Administration Fees . Project Management . Tax Collector/Misc F. Special Projects . Lake Trafford Restoration - start in next month. 3 /62 1/3? F ebruaty 18, 2005 . Vanderbilt Parking Garage - Total cost max $8.IM ($7.5M financed) . Financing - Parking Garage G. Beach Park Facilities . Beach Park Facilities . Prior Year Carry forward . Financing - Parking Garage (Parks & Recreation) Mr. Hovell mentioned they have budgeted 5% less than projected which won't affect the Reserves. Mr. Wert wants to take current monies for advertising and marketing to bring people to the Naples area in the 4th quarter - July/August/September. Discussion in increased advertising and several questions were asked of Mr. Wert concerning marketing. Mr. Arceri is against the Ordinance change but wanted to propose a compromise and was willing to discuss it at their next meeting. He would like to help the hotel group. Discussed sunsetting after one year. Mr. Pires is concerned that this Ordinance change is not just for I year. He would be in favor of just a one year opportunity. Mr. Pennington is opposed to making any change in the distribution of funds. Mr. Wert didn't think this was a one year problem - will continue to suffer in this destination from not being able to publicize adequately. They are losing market share and will continue to lose more because of the lack of funds to advertise. Discussion of putting this issue on their next CAC agenda was discussed. The majority of members attending can have an item added to the Agenda. There being no further business for the good of the County, the workshop was adjourned by order of the Chair at 3: 12 PM. ********* COLLIER COUNTY COASTAL ADVISORY COMMITTEE BUDGET WORKSHOP Chairman Ron Pennington 4 1b2 /8 JO Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 March 7, 2005 FOR IMMEDIATE RELEASE The Collier County Citizen Corps Advisory Committee will meet on Wednesday, March 16 at 3 p,m, in the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi- judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Jim von Rinteln at 774-8000. -End- I fa:L. t6to ColeMaryAnn From: Sent: To: Subject: ColeMaryAnn Thursday, February 24, 2005 8:44 AM 'Robert_Rohland@uss.salvationarmy.org' RE: Minutes Thank you for pointing out that oversight, Bob - I have corrected my original for the next meeting. Sincerely, Mary Ann Cole Bureau of Emergency Services (239) 774-8000 -----Original Message----- From: Robert Rohland@uss.salvationarmy.org [mailto:Robert_Rohland@uss.salvationarmy.orgj Sent: Wednesday, February 23, 2005 5:17 PM To: ColeMaryAnn Subject: Re: Minutes Mary Ann, Before you print up the minutes for the Citizen's Corps, please note that I was absent February 16. Thanks. Robert Rohland, Administrator The Salvation Army 3180 Estey Avenue P.O. Box 8209 Naples, FL 34101-8209 Telephone: (239) 775-9447 Fax: (239) 775-9732 Email: robert rohland@uss.salvationarmy.org Visit us on the Web: www.SalvationArmyNaples.org This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the originator of the message. Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of The Salvation Army. uss 1 Ib:z /13/0 COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE February 16, 2005 Voting Members Present: Walter Jaskiewicz, Coast Guard Auxiliary, Chair Capt. Scott Salley, Collier County S.D., Vice-Chair Carol Pahl, CERT Reg Buxton, Greater Naples Chamber of Commerce Gerry Sugarman, RSVP Nelda Miller, CERV Deborah Horvath, American Red Cross Voting Members Absent: Tom Kuznar, Civil Air Patrol James Elson, Collier County Veterans Council Jerry Sanford, Collier County Fire Chiefs Assoc. Robert Rohland, Salvation Army Meeting called to order. Roll taken. Walt introduced Flotilla Commander, Jerry Pletnick and Vice Flotilla Commander, William Greene. Thank you for the use of your facility for the meeting. After a quorum of voting members appeared, motion made to approve minutes for the January, 2005 meeting as is, and seconded. lbreat Update: Captain Salley discussed the MS-13 gang, the group out of El Salvador. They are now in 11 states, including Florida, and spreading quickly. Ironically, the roots of this gang began 20 years ago when our military trained them. They are now using these skills to terrorize people. They can very easily organize and link up with al Qaida. They are instrumental in bringing illegal aliens into our country and are a threat to our homeland security. An article was shared. This group is so bold with their gang marks, that they tattoo their faces, hoping you'll be afraid of them. Their MOS is a machete cutting off hands, fingers and other appendages. New Business: Walt read a letter from the District Commodore of the US Coast Guard Auxiliary, which included a history of the Auxiliary. The 7th District has 6,000 volunteer members who donate thousands of hours in support of Coast Guard missions, such as search and rescue, public education, marine and environmental protection, etc., and 37,000 members make up the Auxiliary. District 7 reaches from South Carolina through GA, FL, US Virgin Islands and Puerto Rico. The "Super 7", as it is called, has 870 operational boats and over 57 aircrafts to assist the US Coast Guard. Collier County has three flotillas that are part of Division 9, the largest division in the 7th District. The EOC delay was discussed. The Citizen Corps respects the Planning Board process, but feels it is in the best interest for the safety of our citizens for the Planning Board to expedite resolving I C::. :]... /8 I D their concerns on this matter. Suggest a letter to the editor of the newspaper regarding the need for a new EOC, which would include radio communications. Storm season is coming, so this plan needs to be addressed expediently. Believe it will be repackaged, resubmitted and passed. There was discussion ofthe property/location, as well as the radio antenna. Walt discussed the Waterway Watch Program, which has been renamed America's Waterway Watch. Handouts included numbers to call in the event that someone sees something suspicious on the waterways. These are available for the upcoming hurricane season. The video shown on CCTV was a big success. The Public Affairs office received many requests for the DVD. The Chamber of Commerce's Disaster Preparation Committee is working with Jaime and Dan Summers to get the business community on the same page with what needs to be done before, during and after hurricanes. There will be three one-hour seminars reproduced for radio broadcast, to start in April. Reg will keep us updated on this. On March 5th there will be a large search and rescue training exercise going on in the 10,000 Islands. It will run from 6 a.m. to 8 p.m. and will include nine Auxiliary aircraft, Civil Air Patrol is involved, as well as 30 plus rescue boats. Excellent training exercise, there will be lots of publicity on it. In the December meeting, Walt asked for suggestions on how to get the message out to the public of what the Citizen Corps is about. Discussed a table with information at Home Depot or Lowe's. There is a proposal for a tax credit for hurricane repairs, so info at these locations would be useful. Jaime suggested there be information available at the upcoming hurricane seminars. Expect larger turnout, after last year's hurricanes. Further discussion will be held at the next meeting. Nelda brought up the fact that there was no one from the Naples Police Department at the hurricane seminars to hand out re-entry stickers/passes. Per Lilla, they are their own entity and want to hand out these stickers themselves. Jaime said that Naples PD will be invited to participate in the hurricane seminars. Discussed boat preparation for hurricanes - Flotilla Staff Officer will be putting on seminars. Old Business: None. Next meeting to be held March 16, 2005 at 3:00 p.m. - Co-chair will be chairing this meeting, which will be held at the County office. Walt will be attending the Hurricane Mitigation Course in Emmetsburg as a representative of the Citizen Corps. Meeting adjourned and tour of the US Coast Guard building and boats followed. 1".2. /8/0 Fiala Halas Henrnng Coyle Coletta Voting Members Present: COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE RECE\VED MAR 2 8 2005 March 16, 2005 ard of County comm\6SlOners Chief Scott Salley, Collier County S.D., Vice-Chair Carol Pabl, CERT Reg Buxton, Greater Naples Chamber of Commerce Gerry Sugarman, RSVP Nelda Miller, CERV Tom Kuznar, Civil Air Patrol James Elson, Collier County Veterans Council Jerry Sanford, Collier County Fire Chiefs Assoc. Wanda Moore for Robert Rohland, Salvation Army Voting Members Absent: Walter Jaskiewicz, Coast Guard Auxiliary, Chair Deborah Horvath, American Red Cross Meeting called to order. Roll taken. Walt Jaskiewicz is in Emmetsburg, at FEMA training. Motion made to approve minutes for the February, 2005 meeting as is, and seconded. lbreat Update: Chief Salley updated us on the MS-13 gang, the group out of EI Salvador. Handouts regarding this group were given at last month's meeting. Major concern now is the increased availability of methamphetamines, which is rapidly replacing crack-cocaine as the drug of choice. This leads to a spike in crimes. People using this drug are difficult to control and users will do anything to support their habits (i.e., home invasion, car jacking, robbery, theft, etc.). We are monitoring this. Two or three nights ago the largest cache was found in Collier County. Major dent was made. Found in Immokalee. Labs can cause hazardous materials problems, due to the ingredient of ammonia. Carol mentioned that the papers in the Washington, D.C. area have many articles regarding the MS-13. They do have an allegiance with al Qaida and are extremely violent. New Business: Per Jim, the new hurricane schedule is on the web page. It will probably be adjusted. There are nine seminars scheduled through July. Emergency Management is teaming with local networks to get large groups for these seminars. Plan on 30-45 minutes of seminar, then questions and answers and information handouts. The Coast Guard Auxiliary is doing a Boat Preparedness Seminar on March 23rd at 7 p.m. in Marco. The Citizen Corps can help with getting the word out to residents - perhaps get the schedule out on your website. The hurricane seminars have had poor attendance in the past. ._.....," "!:"h '...."-...'?".\.""",.."~"lr..n\,"...~""",~.. ;.::,~:',:.",...':'~~,:~~~~",~~~~~~-::)4~'~___",,___ ? '.'+oi-~-#o.'"r.";:lI""'~ Gerry Sugarman asked how this season looked for hurricanes. Per Jim, ~s year Miji bl:mt!srear, which means there will be less activity this year in the Atlantic. EJeven storms ~av been named, six hurricanes and three major hurricanes are predicted. Andr~w came~tf s 0 There have been active years where nothing came ashore and slow yearsiwhere we were . en names is the average, ~ Ikm:i) 40::.) ~/O' (.. . ... :c;~:;::; to: .;..,: ::~~,~... :~;;;:,: :'::;:~.~:fi::~~'~':{,.:;~;;;~::~;.=, ..~'::, Walt has arranged with the Home Depot in East Naples for a table to be set up on April 16th and May 14th where the Citizen Corps will hand out some emergency preparedness information. He is looking for a couple volunteers to help out - please coordinate with him. Judy Nuland, from the Department of Health, spoke in regard to a Medical Reserve Member being available as part of the Citizen Corps. Per Jim, we welcome the Department of Health as a key component to the Citizen Corps, as they are recognized nationally. Motion made to recognize Naples Airport Authority (TSA) and Health Department as affiliate or non-voting members. Citizen Corps recognized Medical Reserve Corps and Naples Airport as non-voting associates. The motion was seconded and approved by all. Recommend associate so we don't have to amend the ordinance, due to the Sunshine Law. Those who don't get together on a day- to-day basis are voting members, those who do work together on a daily basis are non-voting members, under legal advice. Medical Reserve Corps is an all-volunteer group, not employees of the Health Department. Old Business: Per Jim, local mitigation strategy is on track and almost fmalized. It needs BCC approval. Rick will bring it for review and approval by next meeting. No "new" news today. Chief Salley has mutual aid section signed and will get copy to Jim. Emergency Service Complex - Jim shared a couple editorials with the group. Thought we would get approval, but there were major issues from the building code people. There were some misunderstandings with the residents of Countryside. Will be talking with the Homeowners Association in order to alleviate their fears and to give them an understanding. An adjustment to the building will probably need to be made in order to win approval from the Commissioners. It will be delayed a couple months. Per Reg, have Walt send the Planning Commission a letter in favor of the building. Add this item to next month's meeting agenda. Other Issues: The new Bureau newsletter, Response Times, was given to members. Per Jaime Sarbaugh, the monthly newsletter will include any new ideas, training or upcoming events pertinent to Emergency Management, Emergency Medical Services, Medical Examiner, Med Flight and Ochopee and Isles of Capri Fire. There are 32 entries on display for the future Freedom Memorial. Commissioner Coyle has put together a number of judges, including Jerry Sanford and Reg Buxton. Met on Monday and the number of fmalists will be reduced in order to bring their recommendations to the BCC sometime the end of April. Will have one choice to take out to public when soliciting funding. On May 5th the disaster exercise will be held at the Naples Airport. North Naples CERT will be supplying about 50 victims/victim's families. Judy Nuland wanted to recognize Joe Frazier of Emergency Management for his work in coordinating and facilitating this process. He has done a great job. Will add an evaluation of this exercise to the April agenda. Per Gerry Sugarman, if more volunteers are needed, please contact him/RSVP. Per Judy, RSVP was very helpful during the flu vaccine situation, working the phone banks. Thank you for that. /b2--/8/D Per Tom Kuzner, with the four hurricanes we had, Naples was selected as the command center with Tallahassee to monitor and assess damages, from the ground and the air. We had assistance from people from South Carolin~ North Carolin~ Tennessee, and Mississippi with aircraft. With all these people, we did 77 missions and took over 700 digital pictures from the air. Florida was honored by the Governor with a citation for this job. We had over 100 air and ground crew. On March 5th there was a large search and rescue training exercise, as well as a Homeland Security training, in the 10,000 Islands area. It went well. Per Chief Salley, it is important to call in any suspicious behavior - a boat, vehicle and people were grabbed from Cuba from a call in. We need to be more vigilant. Soft targets (malls, etc.) are still being looked at. Per Judy Nuland, a Family Assistance Program will be held on April 18th and 19th, co-sponsored by NCH and Department of Health. If any interest, let Jim know and he will email you the information. There is a cost of $100 per person. Also, per Judy, the anthrax. scare at the Pentagon was false. Per Reg, the Chamber of Commerce will be putting on a disaster preparedness seminar at the Collier Athletic Club May 24-26th. He will get information to Jim to pass along to other members. Next meeting will be held April 20, 2005 at 3:00 p.m. in the BCC room. Because of a conflict in meeting space, the Civil Air Patrol will host the June, 2005 meeting. Meeting adjourned. Chief Salley shared a video, "The Seeds of Hatred", which was followed by a panel discussion. This video was distributed by Homeland Security in Southwest Florida. Citizen Corps Advisory Committee Agenda March 16,2005 3 :00 Pledge of Allegiance Chairman -Opening Remarks -Roll Call Sheriff's Office CERV Fire Chiefs CERT CAP USCGA Red Cross Veterans Council RSVP Salvation Army Chamber of Commerce 3:05 Approval of Minutes 3:10 Threat Update 3:15 New Business . Hurricane Seminar Schedule . Home Depot -April 16 (need 2 people) -May 14 . Medical Reserve Member 3:35 Old Business . Local Mit Strategy . ESC Update 3 :50 Other Issues 3:55 Next Meeting! Adjourn (April 20 7) Chairman CCSO Chairman EM Chairman Health Dept Chairman Rick Zyvoloski Jim von Rinteln Chairman /~:L {{3/0 /b L IBID Florida Division of Emergency Management Daily Status Briefing For the Day of: March 16, 2005 Reporting period: 1000 hrs 3/15/05 through 1000 hrs 03/16/05 I. Weather A, State Forecast for Florida Watches and Warninas: None issued. Weather Forecast for Florida - National Weather Service Office Miami Wednesday - Cloudy north, mostly cloudy central, and partly cloudy south. Breezy to windy with widespread showers and thunderstorms in the north, numerous showers and thunderstorms central with isolated showers south and keys. Some thunderstorms could be strong north with locally heavy rainfall. Highs in the mid 60s to mid 70s north, upper 70s to lower 80s central and southwest coast, mid and upper 80s interior south and southeast, and 80 to 85 in the keys. Wednesday Night - Cloudy north with increasing cloudiness central and south. A chance of showers north, except widespread showers and thunderstorms northeast in the evening with locally heavy rainfall possible. Widespread showers and thunderstorms central. Scattered to numerous showers and thunderstorms south late. A chance of showers towards morning in the keys. Lows in the 50s north and 60s elsewhere, except lower 70s along the southeast coast and Keys. 8, Hazardous Weather Outlook Florida - Nothing reported. II. Disaster Field Office Report (Hurricanes Charley, Frances, Ivan, and Jeanne). The Joint Disaster Field Office Situation Report is published twice a-week, Tuesday and Friday. The Friday Report will appear in the Monday Status Briefing, A, Human Services: Published on Frida , March 11, 2005, next u 03/10 Charley 1539 272,824 45,624 111 ,102 89,517,793 92,576 90,478,933 5,686,752 03/10 Frances 1545 459,012 183,703,142 163,338 166,557,038 6,558,482 Page 1 /b:J- 18/0 *ONA - Other Needs Assistance - **DUA - Disaster Unemployment Assistance ORLANDO - Cumulative telegregistrations for Individual Assistance total 1,246,314. Florida disaster aid surpassed $4.4 billion with more than 1.24 million victims having applied for federal and state assistance. Under the Individuals and Households Program (IHP), 599,548 applications have been approved for $1.16 billion. The eligibility rate is 66 percent. A total of 760 Maximum Grants have been awarded for the four Florida disasters, Of the $546.3 million approved for Housing Assistance, $535.2 million has been disbursed via 397,597 Housing Assistance (HA) checks. A total of 21 Disaster Recovery Centers assisted 519 individuals on March 10 for a cumulative total of 572,423. B. Public Assistance Published on Frida , March 11, 2005, next u date due Thursda , March 17, 2005. Frances 1545 Ivan 1551 Jeanne 1561 2,707 1,367 1588 1,617 662 949 354,255,583 295,290,636 281,320,181 136 492 524 213,665,664 138,584,461 186,105,698 65845173 ;~____..J)"L"; '.._~..':":':""'_ ___:..:.:,:.r~.... ....._.....:_~~:.._~...: ~>".;,(.._..'; '.:...~~:.:~...>. .J':.. " .._~~_J C. Small Business Administration Published on Frida , March 11, 2005, next u 03/09 Charley 1539 10,820 9,769 292,773,700 208,390,500 1,480 97,528,200 1,388 47,324,100 435,626,000 03/09 Frances 1545 1,169 73,439,400 1,096 40,414,400 322,244,300 Page 2 /b J.. I B 10 At the close of business on March 9, the Small Business Administration Legal Department assisted 18,137 victims and has closed $151,698,566 worth of loans. D, Special Report Nothing new reported. III, Infectious Diseases A, DOH Health Alerts STATUS: Nothing new reported. 8, Arbovirus Diseases - Human Cases STATUS: Florida Mosquito-Borne Disease Update for the Week - February 27 to March 5, 2005 - West Nile (WN) virus activity: There are no counties currently under medical alert for mosquito-borne disease. Cooler weather in many parts of the state is helping to reduce mosquito populations. Where mosquitoes are present, people are urged to take precautions against getting bitten. C. Special Report Nothing new reported. IV. Terrorism A. Homeland Security Threat level The Department of Homeland Security in consultation with the Homeland Security Council has made the decision to move the national threat level to ar Elevated riskor level Yellow. _ _I An Elevated Condition is declared when there is a significant risk of terrorist attacks. In addition to the Protective Measures taken in the previous Threat Conditions, Federal departments and agencies should consider the following general measures in addition to the Protective Measures that they will develop and implement: 1. Increasing surveillance of critical locations; Page 3 /b::L IBID 2, Coordinating emergency plans as appropriate with nearby jurisdictions; 3. Assessing whether the precise characteristics of the threat require the further refinement of preplanned Protective Measures; 4. Implementing, as appropriate, contingency and emergency response plans. B. Reported Events Incident #: SWP050315 -1349 - Hillsborough County (High School Bomb Threat), Reported 3/15/05 at 1 :02 p.m. - Unknown information found in the girls restroom stating that a bomb would be going off in 10 min. Unknown further at this time. UPDATE 3/15/05 1604 EST: Per FR- Scene has been cleared. C, Special Events NBA-Miami Heat vs. L.A. Lakers NBA-Miami Heat vs. New York PGA-Ba Hill Invitational MLB-S rin Games - Yankees MLB-S rin Games - Phillies MLB-S rin Games - Blue Ja s MLB-S rin Games - Devil Ra s Miami Miami Orlando Tam a ClealWater Dunedin St. Petersbur 3/17/05 3/19/05 3/17,18,19,20/05 3/17,18,/05 3/17,18/05 3/16,17,20/05 3/15,16,18,19,20/05 0, Terrorism News State and Regional 18 Charaed in Plan to Smuaale Arms Into US Los Angeles Times (subscription), CA - 5 hours ago - ... defendants arrested in Los Angeles and the two arrested in Florida will be ,.. two other cases in which allegations of arms trafficking and terrorism were never ... National Nothing new reported, International Nothing new reported. Cyber Terrorism Ilnformation and Technologies Chern - Bio Nothing new reported. Cyber-secu rity Nothing new reported. Page 4 / b.I. IBID E. Homeland Security News (Department of Homeland Security) Check here for latest information, Nothing new reported. G, War With Iraq Department of Defense Nothing new reported. H, Special Report New Tests: No Anthrax At Pentaaon Richmond Times Dispatch, VA - 8 hours ago - ... Virginia's top homeland security official said he was relieved to hear good news ... the mail to media and government offices in Washington, Florida and elsewhere ... V, Wildland Fire A. Fire Weather Warnings None issued. 8, Fire Weather/Drought Indicators Keetch - Byram Drought Index - Link to map STATUS: No u dates available Statewide Avera e: 237 KBDI Between 400 & 499 - 7 KBDI Between 500 & 599 - 1 KBDI Between 600 & 699 - 0 US Drouaht Monitor Florida: Some precipitation did fall across southern Florida early in the week (Fort Lauderdale, Pompano Beach, Miami, Palm Beach, and Hollywood all had totals exceeding one inch), and across the Gulf Coast states later in the week. Page 5 16.:L /BID C. Wildland Fires Month of Feb. 02/01/05 -02/28/05 Month of Mar. 03/01/05 - 03/15/05 Week of 03/08/05 - 03/15/05 Year to Date 01/01/05 - 03/15/05 356 114 18 837 3,910.4 1,062.4 57.5 9,852,9 V, Other A. American Red Cross Issues - Nothing new reported. B, County Reports To State Warning Point- Incident #: SWP050315 - 1361- HiIIsborough County (Train Derailment), Reported 3/15/05 at 10:35 p,m, - Caller reported of a nine car train derailment with six being hazmat cars. No release has occurred and all of the cars are upright. Unknown reason of derailment at this time. No injuries were reported. Incident #: SWP050315 -1347- Monroe County (Cuban Immigrant Landing), Reported 3/15/05 at 10:10 a.m, - Caller reported 21 Cuban migrants made a dry foot landfall on Duck Key in Monroe County. There were no sicknesses or injuries to report. A 29 ft. vessel was discovered at the landing point. All migrants are in custody of Customs/Border Patrol. No assistance requested. No further information available. C, Other News - Nothing new reported. Page 6 00 ~ ~ 0 ~ ~ ...Q ~ ~ .~ ~ ~ ~ ~ >- gf c:x:: <t: 0 I-- Z ......-4 u...J ~ 00 ~ ~ 0 '-" ...Q I-- V"'J d u...J => ~ ::c 00 ~ u "E ~ rJ) ~ u ~ Q) on ~ ~ 8 ~ 0-' _::lS::: ~..c 0 .....s::: (.) so- ..c.- s::: ",- <1) Q)-3~ -5c.8 ... 0 <1) .8c.~ :>-bllbll '2 .5 '-0 0::: 0 .....00 g ~.- :>-::l I :a.a "0'- s::: Q)g.o ~...(.) <1) '" ... s::: .8 k;-~o tj~-*l I ~ :j.. (B tD ~ 6 <1).5 ~ '" .8 "8 ...c::(.)~ 1Xl~ '" ~Vl 0 .... Vl .....- :>-'-!::l ",.8 g:J 0 <Ii s::: 'tiS"O~..... d s:::- ::l--<::J 0 iiJ~"'" .:::I::l ~ 0<=J..c.....U) - t:0::l U'" ~. oUb.O ..."0 b.O <1) <1) ......?;- (.) .. ~~ Q)'- 5 !:::I...c:: (.)...>:; ~ ~ :=l ~'d (j -,~.(.) 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I 't.~ ~ c::::l ::l !:.i0e' oU"O ...c::<1)~ ro -:8 ..c: c.s:::Vl ::l 0 tJ b.O 1:: 'E .5 <1) <1) .~ S U) .....S:>- C/) 0 (.) 'Ou5 o oIl ~_... Vl Q) 'c~ S <1) <1)t.x.l v ...c:: s::: :>-::l .......1-4.......VJ ..... . c.~ <r;tl5i!l ~u J:l R Gll ~.s ti t::l~-.8 ,~ 'tiS ~fil1l ~ ~ --<::J<1)::l<=J:>-~ <=J S 0.'-0 _ t.x.l Qj<1)oo~::: ~r:.n"""'Q)"""""(l) "'"O~ '" C Vl ....~ ::::g ro to~ ~~ ~~E5.sii:.8 ~(.)..... _Cil g ~.5:E ~ ~ Vl.!::l...c:: _ c. o :>-"O.OJ)ro 0 :>-s-::s-:8Ct '-0 s:::o OtS.E~.s Q) <!) ~- ~ - S S ro ~"~ 0 a S ~'o .... ~ ::l co ... ~ <!) U) ~ o....c:: .... ;:). c(~ 1&.1 . zz i: VI'" QJ Z u 1&.12 :M::U >-~ m.::1 /bL I B to EOC building needed Editor, Naples Daily News: I was impressed with an article about the Charlotte County emergency manage- ment department stating the need to im- prove citizen awareness for hurricane preparedness and other emergencies. . Charlotte County, having its emergency operations center just about demolished by a hurricane, is a great example of how important it is to have an EOC that is structured and planned to survive a storm. Other issues of the Naples Daily News have carried. information on the impor- tance of adequate communications in an emergency. I was surprised to read the article that our planning committee has denied a vari- ance that would let Collier County pro- ceed with construction of this badly needed EOe. I have the greatest respect for the planning committee, taking the time to make sure that every "i" is dotted. What I do ask is that they take into con- sideration what is being planned here is the EGC, a building which will be housing all the elements that are needed to come together to provide resources to respond to disasters in Collier County. At the heart of this system is the com- munication-transmitting antenna and its required height that is needed to transmit emergency data to our emergency re- sources responding to the calls of citizens in distress. Let's bum the midnight oU to minimize the delay so we have an EOC building we can count on. Walter R. Jaskiewicz Marco Island 0:: <:( z ~ w (j) w w a:: LL I- <2: o OJ 0:: :) o >-tn C!J:E za:: -0 0::1- <(tn fun: 0::0 Il.u.. (1) C) ~ Co CD ~ >. - 'i: ::s () (1) en "C ee ~o OJ;; gE XC) !t- !t- oe ,- -- e::s (1)!t- E.E- t::(1) ~.c ~ (1)~ c~ en- ::>~ (1)'::':: (1)0 ,-0 LL..c It) o o N .. M~ N s.. J: CO uc. s.. (1) CO_ :E~ o .. CO ~:E -C t.n:E (1)c. c -Co (1)0 3:,:..: . . e E ~ t Q) ~ Q) ;: o ...., en t:: o "- ....., en Q) :::, /62 /810 ..... '- e e Q) (1) = e E (5 ~ "C Q) (.) ~ l'tl C)I+- = ::;:, ~ 0 'x C" e ::;:, en ~ r::: < '- ~ 0 Q) >. ~ "0 ~ (.) ,_ ~ 0 e g ::;:, Q. (1) (f) ~ "C C') (f) r::: '- A' en C\1 (1) '"" l'tl _ E (f) R 'fa w .~ ...., en >. ..... (f) "C 1: (f) Q) e ::;:, ::;:, ~ C\1 0 "0 ..... c;; u .5 en _ '- Q) "C 0 (1) r::: Q) (.) = 'i: ..... '- - .... ,- C\1 0 .... :5 ~ u ~ C'-' o "0 "0 ::J o .c C/) ~ C'O .c S ('-. ('. (J) .0 C'O ~ C (J) > (1) L- a.. (J) 0) C'O E C'O o C/) ~ .- o "0 "0 ::J o .c C/) c Q) .c S >. ..... r::: ::l o (.) o +-' +-' C'O .c f C/) C/) Q) U o I.- 0... C/) E .- CU U ..... r::: Q) E t:: l'tl Co (1) C (1) (.) ..... e (1) E t:: ~ Co (1) C (1) '- u: "0 r::: ~ - (f) - o (.) '- C\1 ~ ,- - o Q. "C e l'tl - (f) - o (.) '- C\1 ~ +-' () Q) 0.. X Q) / " ::t- /~JI F\a\a Halas HeontOg Coyle Coletta - AGENDA April 6, 2005 9:00 A.M. // RECE\VED MAR 2 3 2005 J ENVIRONMENTAL ADVISORY COUNCIL ,,- Board of County commisSIOners Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of March 2, 2005 Meeting minutes V. Land Use Petitions A. Planned Unit Development No. PUDZ-2004-AR-6192 "The Cook Property PUD" Section 9, Township 50 South, Range 26 East B. Planned Unit Development No. PUDZ-2004-AR-6258 "Palermo Cove RPUD" Section 34, Township 48 South, Range 26 East VI. Old Business A. LDC Amendments VII. New Business A. Oustanding Advisory Committee Member Nominations VIII. Council Member Comments IX. Public Comments X. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on March 30, 2005 if YOU cannot attend this meetinQ or if you have a conflict and will abstain from votinQ on a petition (403-2424). . ' General Public: Any person who decides to appeal a decision of this Bo~ra'~iTI'-'hee~ a record of the proceedings pertaining thereto; and therefore may need to ensure that a v~rp'ttlT) r,~rd of proceedings is made, which record includes the testimony and evidence upoo..W:f1i~f.I(<<JilI;!p.eal is to be based. ., lloQjJ ~l\ {' 'i~~ .'"'~ /6:L /B If Item V.B. ENVIRONMENT AL ADVISORY COUNCIL STAFF REPORT MEETING OF April 6. 2005 I. NAME OF PETITIONER/PROJECT: Engineering Consultant: Environmental Consultant: PUDZ-2004-AR-6258 PALERMO COVE PUD Elias Brothers Communities at Palermo Cove, Inc. Dwight Nadeau, AICP, RWA, INe. Passarella and Associates, Inc. Petition No.: Petition Name: Applicant/Developer: II. LOCATION: The property is located on the north of Wolfe Road, and west of Collier Boulevard (CR 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The property to the north is zoned Indigo Lakes PUD (formerly Wyndam Park) developed as single-family residential (3.04 DU/A), Summit Place in Naples developed as single-family and multiple-family residences (4 DU/A), and Golden Gate Fire Department (GGFD) Station 73 MPUD developed as commercial and essential services. The property to the east is zoned Vanderbilt Country Club PUD developed as single-family and multiple-family residence (2,34 DU/A) and both developed and undeveloped Estates lots. The property to the south is zoned Wolfe Creek PUD undeveloped single-family residences, and Nagel-Craig Business Park PUD (Potential) proposed commercial center. The property to the west is zoned Islandwalk PUD developed as single-family and multiple- family residence (3.04 DU/A) ZONING DESCRIPTION N- Indigo Lakes PUD, and Brittany Bay Apartments PUD Single and multiple-family residential development, / b:J. 16 tt EAC Meeting Page 2 of8 S- Wolfe Creek PUD and Nagel- Craig Business Park PUD (Potential) Private Roadway then partially developed single-family residential and commercial development E- Summit Place In Naples RPUD, Golden Gate Fire Department (GGFD) Station 73 MPUD, and Vanderbilt County Club PUD Multiple-family residential commercial and essential service development and County Road 951 W- Islandwalk PUD Single and multiple-family residential development IV, PROJECT DESCRIPTION: The subject site consists of 131 acres, and has a zoning designation of Rural Agricultural (A) district. The subject property is located in the Urban (Mixed Use District/Urban Residential Subdistrict) designation. The maximum density permissible in the Rural Agricultural District within the Urban (Urban - Mixed Use District, Urban Residential Subdistrict) is four dwelling units per acre, based upon the Density Rating System of the Growth Management Plan (GMP). The subject site is presently undeveloped. The proposed density of Palermo Cove RPUD is a maximum 524 residential dwelling units, The subject property incorporates two tracts of lands that are located diagonally to each other and are connected at the comer of these two-tracts. An access easement has been provided to transition the internal roadway system within the property. The project master plan includes a mixture of residential, recreational and preserves land uses. The plan includes the improvement of East-West Wolfe Road, and the interface with the property to the north (Summit Place In Naples Subdivision, and Golden Gate Fire Control and Rescue District Station 73), A water management easement, to benefit Collier County for the Collier Boulevard six-Ianing project, is proposed to be located near the eastern end of the subject property. A shared perimeter land use buffer with the Golden Gate Fire Department (GGFD) Station 73 MPUD is proposed. V, GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: 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. Relevant to this petition, this subdistrict permits residential development (a variety of unit types) at a base density of 4 dwelling units per acre, subject to the Density Rating System; and recreation and open space uses, /b :r: 18 tl EAC Meeting Page 3 of8 This project does not qualify for any density bonuses and is not subject to density reduction. Accordingly, this site is eligible for 4 dwelling units per acre. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Current Planning staff as part of their review of the petition in its totality. CONCLUSION Based upon the above analysis, staff concludes: 1. The proposed uses for the site may be deemed consistent with the FLUE. 2. The proposed density for this site (4,0 DUI A) may be deemed consistent with the Future Land Use Element. Conservation & Coastal Manaeement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Twenty-five percent (25 %) ofthe existing native vegetation is required to be retained on-site and set aside as preserve areas with conservation easements prohibiting further development. This project is proposing to retain and preserve 26.2 % of the existing native vegetation on-site. Selection of preservation areas, are consistent with the criteria listed in Policy 6.1,1. Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. /0 ::L IB II EAC Meeting Page 4 of8 Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan). As stated in Policies 6.2.3 and 6,2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions ofwetIands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS), Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. VI. MAJOR ISSUES: Stormwater Manaeement: Palermo Cove is within the four square mile area, known as the Harvey Drainage basin. The basin is bounded by Rte 951 on the East, Vanderbilt Beach Road on the south, 1-75 on the west, and Immokalee Road on the north. The entire Harvey Basin has an allowable discharge rate of 0.055 cfs/acre. The South Florida Water Management District has taken a holistic approach to projects in this basin. The general flow in the basin is to the southwest, which puts most of the flow through the Islandwalk PUD lake system to the west of Palermo Cove, and discharge from this project is into a slough to the south which eventually flows into the Islandwalk lake system. The entire basin discharges into the D-2 Canal on the east side ofI-75. /to::L 181f EAC Meeting Page 5 of8 The internal stormwater management system for Palermo Cove consists of six interconnected lakes, five dry detention areas, and two wetlands that provide water quality retention and peak flow attenuation. Environmental: Site Description: The 131.23 acre site is surrounded by residential development and is heavily infested with invasive exotic vegetation. The site is comprised of pine and cypress wetlands, upland pine flatwoods, and melaleuca stands. All the vegetative communities on the site are impacted to varying degrees with invasive exotic vegetation. According to the Collier County Soils Map, the following soil types are found on the property: Holopaw fine sand, limestone substratum (Soil Map Unit 2); Basinger Fine Sand (Soil Map Unit 17); and Holopaw fine sand (Soil Map Unit 27). Nails marking biological indicators (i.e., lichen lines, adventitious rooting, etc.) of wetland seasonal water levels were set in the field and were surveyed by R W A, Inc. The development has been designed not to affect pre-development wetland hydroperiods. Control elevations for the stormwater management system will be established based on the elevations of the biological indicators of wetland water levels. Wetlands: There are 106.44 acres of SFWMD jurisdictional wetlands onsite. The SFWMD wetland lines were approved by the SFWMD during site visits on March 11,2004. The construction of the project will result in direct wetland impacts to 72.27 acres of the on-site wetlands. The wetland mitigation plan for the project preserves 35.01 acres (26.7 percent) of the property. The mitigation plan involves the enhancement and preservation of 34.13 acres of wetlands and enhancement and preservation of 1.26 acre of upland preserves. Wetland and upland enhancement will include the removal of exotic and nuisance vegetation. Preservation Requirements: /{;::L {6 /I EAC Meeting Page 6 of8 Of the 131 acre site, only 56.78 acres support native vegetation and are used in the preservation calculation. The remainder of the site consists of disturbed areas and exotic vegetation. Policy 6.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan requires that Twenty-five percent (25%) of the existing native vegetation be retained on-site and set aside as preserve, and to be protected by a permanent conservation easement to prohibit further development. The native vegetation requirement for this site is based on the 56.78 acres of pine flatwoods and pine/cypress wetlands. A minimum of 14.2 acres of native vegetation is required to be preserved on site. The project proposes to preserve 14.9 acres of native vegetation as well as an additional 20.1 acres of exotic infested areas to be enhanced and satisfies this requirement. Listed Species: A listed species survey was conducted on the property on August 1,2003; November 18 and 20, 2003; December 17,2003; and January 28,2004 by Passarella and Associates, Inc, The listed species survey report is included as Exhibit J in the EIS, No listed species were observed on the site. VII. RECOMMENDATIONS: Staff recommends approval of Palermo Cove PUD with the following stipulations: Stormwater Manal!ement: 1. Palermo Cove is required to obtain a SFWMD surface water management permit or equivalent prior to approval of any Site Development plan or Construction Plans and Plat. Environmental: No additional stipulations, EAC Meeting Page 7 of8 PREPARED BY: STAN CHRZANOWSKI, P,E. ENGINEERING REVIEW MANAGER CRISTINA SANCHEZ ENVIRONMENTAL SPECIALIST MIKE DERUNTZ PRINCIPAL PLANNER /6:].. IB" DATE DATE DATE 16.2 /6 II EAC Meeting Page 8 of8 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST DATE WILLIAM D, LORENZ, Jr., P.E. DIRECTOR ENVIRONMENTAL SERVICES DEPARTMENT DATE SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT ADMINISTRATOR & DATE ENVIRONMENTAL SERVICES /6::L /8/1 Item V.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF April 6. 2005 I. NAME OF PETITIONER/PROJECT: Petition No,: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ - 2004- AR-6l92 COOK PROPERTY PUD Toll Brothers, Inc. Christopher Hagan, Johnson Eng. Inc. Mike Myers, Passarella and Associates, Inc. II. LOCATION: The subject property is located at 7700 and 7792 Davis Boulevard, approximately 1,700 feet east of Santa Barbara Boulevard in Section 9, Township 50 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N- PUD Davis Boulevard (State Route 84); then Wildwood Estates PUD, a developed, residential project approved at 12.46 dwelling units per acre (DUA), and the New Hope Ministries PUD, a religious facility S - Agricultural undeveloped E- PUD Naples Heritage Golf and Country Club PUD, a developed, residential project approved at 1.43 DUA W - Agricultural C-3 Collier County Domestic Animal Services undeveloped portion of land owned by Boys and Girls Club IV. PROJECT DESCRIPTION: /6'2 113 II EAC Meeting Page 2 of8 The petItIOner rezone 40.48:t acres from the Rural Agriculture (A) and Community Facility (CF) zoning districts to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Cook Property PUD. The subject site is partially developed with a golf driving range (11.54:t acres) and a drive-in movie theater, that hosts an outdoor flea market on weekends (9.53:t acres). Other portions of the site are undeveloped, The PUD document proposed a maximum of 160 (density 4 units per acre) single- family attached, single family attached townhomes, zero lot line units, or multi- family dwelling units, or some combination of any or all of those unit types, in buildings that will not exceed 35 feet of three stories in height. The Master Plan in this petition depicts generalized areas of development, water management, and traffic/pedestrian circulation. Notes on the Master Plan reinforce the petitioner's intention to comply with code for open space, road construction, landscaping, and project design. A note on the Master Plan as well as text within the PUD document indicate that recreational areas will also be provided. One access point along Davis Boulevard is shown to serve this project. That access point is planned to align with the access point that serves Wildwood Estates, however final alignment will be determined by Transportation Planning staff when development approvals are sought. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 dwelling units per acre (DUA) and a maximum of 16 DUA, subject to the Density Rating System provisions; recreation and open space uses and a variety of community facility uses. Review of the Density Rating System yields the site is eligible for a base density of 4 D/ A. The subject property is located within a residential density band and is eligible for a density bonus of up to 3 residential units per gross acre, yielding a total eligible density of 7 DUA. Base Density Density Bonus Total Eligible Density 4DUA + 3 DUA 7DUA /6J. /611 EAC Meeting Page 3 of8 Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. Zoning staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE policy and the overall GMP. Conservation & Coastal Manaeement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards". To accomplish that, policy 2.2,2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events, The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Twenty-five percent (25 %) of the existing native vegetation will be retained on- site and set aside as preserve areas with conservation easements prohibiting further development. Selection of preservation areas, are consistent with the criteria listed in Policy 6.1,1. Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1,7. / ~ .::z. /8/1 EAC Meeting Page 4 of8 The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6,2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan). As stated in Policies 6.2.3 and 6,2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area, In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan, Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS), Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. VI. MAJOR ISSUES: Stormwater Manaeement: The Cook PUD sits within the limits of the Lely Canal Basin and, as such, has an allowable discharge rate of 0.06 cfs per acre. The project also sits within the limits of the South Florida Water Management District permit known as the Lely Area Stormwater Improvement Project (LASIP), and will be reviewed and permitted by SFWMD. The petitioner will also be asked during the SDP review process to coordinate with the Collier County Stormwater Management Department who is administering the LASIP for Collier County. The stormwater management system for this project uses the standard design of interconnected lakes (2 ea.) accepting runoff from the developed areas and providing water quality retention and peak flow attenuation, prior to discharge through an on-site wetland. Flow in the area is generally to the southwest. /~.:z. /81( EAC Meeting Page 5 of8 Environmental: Site Description: The subject property is approximately 40.5 acres and is surrounded by residential and commercial development to the north, west, and east and undeveloped land to the south. The site consists of roads, a golf driving range, a drive-in theater, borrow ponds, and approximately 12.5 acres is vegetated. The vegetated areas of the site are comprised of pine flatwoods (~1.15 acres), hydric pine and pine/cypress wetlands (~1 0.25 acres), and australian pine (~ 1.14 acres). The Natural Resources Conservation Service (NRCS) soil map for the area identifies the following soil types on the site: Pineda fine sand, limestone substratum (Unit 14, hydric) and Boca fine sand (Unit 21, non-hydric), Wetlands: Approximately 10.25 acres of the site were claimed as jurisdictional wetlands by the South Florida Water Management District (SFWMD). The wetlands onsite are of two types: pine/cypress and hydric pine. Development of the site will result in direct impacts to about 75% (~7.5 acres) of this wetland. The remainder of the wetlands will be preserved. Preservation Requirements: Of the 40.5 acre site, only the 11.4 acres that supports native vegetation are used in the preservation calculation. The remainder of the site consists of roads, a golf driving range, a drive-in theater, borrow ponds, and exotic vegetation, Policy 6.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan requires that Twenty-five percent (25%) of the existing native vegetation be retained on-site and set aside as preserve, and to be protected by a permanent conservation easement to prohibit further development. The native vegetation requirement for this site is based on the 10.25 acres of hydric pine and pine/cypress wetlands and 1.15 acres of pine flatwoods. A minimum of 2.85 acres of native vegetation is required to be preserved on site. The PUD master plan depicts 2.85 acres of native preservation and satisfies this requirement. Listed Species: A listed plant and wildlife species survey was conducted on March 4, 2004 by Passarella and Associates, Inc. A 14 day non-nesting season foraging survey for RCW was conducted October 29, 2004 through November 11, 2004 by Passarella and Associates, Inc. Copies of both these surveys are provided in the EIS. One /b:z. IE> tI EAC Meeting Page 6 of8 listed species, a little blue heron, was observed in a stormwater detention pond on the site, VII, RECOMMENDATIONS: Staff recommends approval of Cook Property PUD with the following stipulations: Storm water Manaeement: 1. A South Florida Water Management District surface water management permit must be obtained prior to site development plan approval. 2. A meeting with the Collier County Stormwater Management Department regarding this project's impact on the LASIP must be held prior to any SDP preapplication meeting. Environmental: No additional stipulations. EAC Meeting Page 7 of8 PREPARED BY: STAN CHRZANOWSKI, P,E. ENGINEERING REVIEW MANAGER CRISTINA SANCHEZ ENVIRONMENT AL SPECIALIST KAY DESELEM PRINCIP AL PLANNER /6:z. J 8 /1 DATE DATE DATE /b-:t- tBI! EAC Meeting Page 8 of8 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR ENVIRONMENTAL SERVICES DEPARTMENT DATE SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT ADMINISTRATOR & DATE ENVIRONMENTAL SERVICES /6::z 18/1 March 2, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMNETAL ADVISORY COUNCIL Naples, Florida, March 2, 2005 LET IT BE REMEMBERED, that the Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Alfred Gal William Hughes Judith Hushon Ken Humiston Michael V. Sorrell Erica Lynne Lee Horn Irv Kraut ALSO PRESENT: Stan Chrzanowski, Engineering Services Patrick White, Assistant County Attorney Susan Mason, Senior Environmental Specialist Page 1 /0:Z I {3 /I March 2, 2005 I. Meeting was called to order at 8:59 AM, II. Roll Call- A quorum was established. III. Approval of Agenda: Item 6 will be continued due to an emergency by the presenter Bill Lorenz. IV. Approval of February 02, 2005 Meeting minutes: Mr. Humiston- Page 43, second line down refers to main low instead of mean low. My name was abbreviated to four letters. Page 47 should say "proximity to the golf, a sensitive environment". Page 80 should say "you also have a club house,". Page 45 should say" when it is time to diagnose is there a problem" William Hughes moved to approve the Minutes. Second by Ken Humiston, Carried unanimously. V. Land Use Petitions: A. Special Treatment Permit No. ST-2004-AR-6229 Site Improvement Plan No. SIP-2004-AR-6189 "Halderman Creek Restoration Project and Dredge Disposal Site" Sections 10, 11, 13, 14 & 15, Township 50 South, Range 25 East * Persons sworn in * No Disclosures or Conflicts Jeff Tabor, PBS&J- (Reference to Power Point Presentation) We are looking at possible funding sources. We have already submitted applications for permits from the Army Corps and DEP. The project should take about three years. Hydraulic dredging is recommended, Mitigation will be off site. Mr. Humiston- How do you propose to manage the disposal so that the areas do not get too full? Mr. Tabor- There will be two to three wet and dry cycles during the process. Ms, Hushon- What cautions have been taken with rain rush? Mr, Tabor- There will be multiple levels of weirs, they can be sealed. Berms will be lined. The projects will be staged. Page 2 H:>::J:. ) Jj II March 2, 2005 Ms. Hushon- Has there been a chemical analysis review? Mr. Tabor- (Reference to Power Point Presentation) Copper and arsenic levels are high and above commercial use. Ms. Hushon- Mangroves will be smothered ifit runs off the site incorrectly. Mr. Tabor- The exits are away from the mangroves. There will be language provided by the DEP to make sure mangroves will not be impacted. There will also be persons on site to make sure there will not be any impacts. Lee Wisher- If we have a large rain event the pipe is designed to take the overflow to be filtered and confined. There are silk curtains to confine it to the geo-textile area. Coarse grain is all that will be left. 80 samples were taken. A landfill has stringent chemical testing requirements. The test results are available. The records can be entered for public review. Mr, Hughes- This is a very large filtration for any kind of real flow rate. Mr. Wisher- It will be a natural settling rate, which would go into the pipe with a secondary settlement time. If there is an event then the curtains would retain. Mr. Hughes- If the turbidity goes beyond the threshold then you will shut down. Mr. Wisher- Yes. Ms. Hushon- How much draft do you expect? Mr. Tabor- A foot and a half to two feet. It may be stacked in the middle. Mr. Wisher- There are two phases. The fine grain will be down first for which there will be no stacking, The stacking will be after the fine grain has left the site. Mr. Kraut- With the two cells, how close are they to residences? Mr, Tabor- There is about 100 feet from the cell. There are no anticipated gases, We are not anticipating any major odors. There is an existing access road that will be utilized. Ms, Lynne- When the project is done what will happen to the property? Mr. Tabor- The owner is looking to have 10,000 cubic yards to remain on site. County staff can address the potential development of this property. Ms, Lynne- Doesn't dredging need to be maintained? Page 3 /b:L IB It March 2, 2005 Mr. Tabor- I would say it would not be needed for another fifteen to twenty years. Preventative measures can be taken. Mr. Gal- Who requested that this project be done? Mr. Tabor- The residence were the first to request. The owner of the property was not one of the initial ones. The County is paying for this project. Ms, Hushon- Where are the 35,000 cubic feet to be removed going? Mr. Tabor- It is to be determined, but it is set to go into the landfill. The operation should last around 6-8 months. Ms. Lynne- Can someone tell me about the "s" curve, it looks like a natural area to me. Mr. Tabor- This area is the only natural area, it will be marked with 7 channel markers, There are no anticipated impacts. Mr. Kraut- Have all funds been allocated? Ms. Bishop- We have received grants. We expect to get additional funding. The budget estimate is at $3.3 million. This project has been on the books for many years. So the funding will be available. Kevin Doolittle, Solid Waste Department- All the leach aid is piped. Mr, Humiston- The main issue is of the turbidity. If it is properly managed it will work, ifnot, there is the risk ofrelease of turbidity into the area. The DEP permit will require the monitoring. If it is adhered to, I will support this project. Mr. Humiston moved to approve, Second by Mr. Hughes. Carried unanimously. B, Site Development Plan Amendment No, SDPA-2004-AR-6611 "Ritz Carlton Naples Beach Pavilion" Section 32, Township 48, Range 25 *Conflicts: Mr. Humiston- I am going to excuse myself because my firm was involved in obtaining the Department of Environmental Protection permit. *No Communications Mr. White- I received form "8B" in regards to the conflict. I don't know if you want to delve into it any further as to if there is an actual or perceived conflict due to the continuation of the contract. Page 4 11o~ /6 If March 2, 2005 Justin Martin- The permits have been approved, and did not have anything to do with the environmental aspects of the project. Mr. White- I take it that the contractual relationship has been completed, if you want to abstain from voting it would signify an appearance of a conflict. * Persons sworn in Ms. Lynne- I spoke with to Barb Burgeson yesterday. Justin Martin- (Reference to photograph) There is an existing beach building. We would like to expand and raise the building to a second story. (Reference to Project Board) This is located within the Pelican Bay Fringe. Karen Johnson, Regional Manager for Wilson Miller Ecological Services- We have retained our Gopher Tortoise relocation permit. There will be a temporary dune impact. We have also retained FDEC Sea Turtle protection plan, The construction will not be done during tortoise season. The vegetation will be replaced. There will be a .001 walkway impact to the wetlands. This is not a natural wetland. The vegetation will be replaced at a 3 to 1 ration. The mangrove limbs will be tied back if needed. The entire area to be impacted will be .009, We have no objection to the recommendations put forth by the Environmental Staff. Ms. Hushon moved to approve. Ms. Lynne- If someone came in today asking for a restaurant seaward of the coastal construction set back we would not be inclined to approve that. The original permit began as a platform for wildlife viewing, The next step was a single story building. This project is legal but is a far cry from a wildlife viewing platform. Mr. Martin- (Reference to the Project Board) There are plenty oflocations to view wildlife. Ms. Lynne- How many exotics are in the area now? Ms. Johnson- Exotics are limited. We have agreed to the removal of the exotics. Ms. Lynne- Your report said there are around 14-20% of exotics in that area. Your previous permits included keeping that area free of exotics. My concern was not the amount of viewing area but seaward of the coastal construction set back is not a place for a two story building. Ms. Johnson- In 1985 there was a resolution approving the second story building. Page 5 /10:1. 1811 March 2, 2005 Edd Starous- It is not a restaurant in a traditional sense. It would be used as a restaurant during the holiday season; at all other times it would be used in the same way it has been for the passed 20 years as a banquet facility. Barbara had mentioned doing more functions in the facility and not on the beach. Mr. Hughes- The beach access is to be hardened? Ms, Johnson- This access was set so that it would not have to be hardened. We are working with Barbara. Mr. Humiston- Will the access route be used to bring in other materials or just to bring the rig on and off. Bill Ernest, Travel Crew Company- We hope to have the rig offby May first. The only other activity that it might be used for would be to bring a crane in. Justin Star- The path will be tilled upon removal of rig. Second by Mr. Horn. Motion passed unanimously with one abstaining. VI. Old Business: A, None 5 minute break VII. New Business: A. LDC Amendments Ms. Mason- Page 84 paragraph "e. I." should be deleted it is addressed in paragraph "0" on page 85, Ms, Hushon- It appears there are 4 ways of getting a TDR credit. Stan Litsinger- There is a base TDR awarded at severance. There are early entry bonuses. There are also additional TDR credits for restoration and maintenance, removal of exotic, and application of maintenance plan. Ms, Hushon- On page "6 Coo it says 2005. Mr. Litsinger- That is an error, and should be corrected. Ms. Hushon- I like the concept of villages. I have a problem with early entry. I am not sure why we should give incentives to developers that are quit capable of developing at their own rate. Page 6 Ib.J- I B II March 2, 2005 Mr. Hughes- No one is taking advantage of this program. Ms. Lynne- One of the environmental organizations had concern that we were moving too quickly. Mr, Litsinger- Development incentives lead to recouping financial rewards. If this will help to retain lands in conservation status and help to realize the type of development we prefer to see, we see this as a win, win. Mr. White- The substance of your recommendation will be weighted to the proportion to environmental issues. Ms. Hushon- I would like to see the concept of relocation of threatened and endangered species. Page 88 "c" does not have any definition of major and mmor. Mr. White- I do not know what was intended by the provision, however I share your concerns. Ms. Mason- We did have difficulty in defining major and minor. It does refer to a definition in the land development code. Mr. Chrzanowski- It was set up previously that if an individual turned their lanai into a room of the home or added a shed in the property they were required to have exotic removal before getting a certificate of occupancy. The owners quite frequently would never get a certificate of occupancy just for the shed. The home owner adding the new room didn't have to deal with it unless they tried to sell the home. It became an enforcement nightmare. A room addition would be major. Ms. Mason- So you would like to have the language under "88B" changed. Page 4 & 53: No Changes Page 77: Mr. Humiston- The suggested language prohibits trimming of native vegetation. It is regulated by the state. This would prohibit persons living on the beach to do selected trimming to preserve views. Ms. Mason- This is not anything the County can permit, so this is just for clarification so that pruning can be done correctly. These areas are intended to be native retention areas, not landscaped areas. Page 7 /6:L 12 II March 2, 2005 Mr. Humiston- Without this language some selected pruning could be done? Ms. Mason- No it was never a permitable procedure. There is no specific prohibition without this language. Mr. Humiston- It is my recommendation that paragraph "E" be deleted to allow for selected pruning. Ms. Mason- The County does not allow trimming for views now. There is a history in a lot of these properties where people would go in and damage the plants, not allowing them to grow to their natural form. Mr. White- I am only aware of vegetation trimming being authorized under State rules. Mr, Humiston- The state regulates beach trimming. Mr. Humiston moved to delete this addition and accept State Policy, Second by Mr. Sorrell. Mr. Gal- I am inclined to leave it with staff comments. 6 apposed 2 in favor. Motion fails. Fred Reischl- A beach is a fluid ecosystem. The State DEP has trimming guidelines but they offer a permit that allows for maintenance that does not damage plants, With the stipulation of a certified arborist, it would preserve the property owners right to alter the vegetation and still preserve the dune. Ms, Lynne moved to accept 3.03.3.06.8 with staff recommendations. Second by Mr. Hushon. 4 apposed 4 in favor. Motion fails. Mr. Hughes moved to accept staffrecommendations with the addition of a certified arborist to do the trimming when necessary. Page 79: Mr. Humiston-l have a concern about "D5" page 81. This is saying that if a storm pushes sand into landscaped yards that the sand can not be removed and the landscape can not be replaced, I do not think it is appropriate to prohibit the removal of sand that has washed over, and use the sand in dune restoration. Ms. Lynne- The problem is that there are some areas landscaped with non-native vegetation. I think the idea is that when the dynamic beach action occurs, and goes back to sand it needs to stay as sand, Maybe we need a definition of how far away from the beach. Page 8 16:L /8 I( March 2, 2005 Mr. Hughes- Can we define how large of an event before we say no. Ms. Mason- We can ask the appropriate Code Enforcement staff to come back to the next meeting. This is only referring to land seaward of the CCSL. Mr. White- There are a lost of possible options. Some of these are not legal issues, they are a mixture of facts and law. If the pad of the building is not under water, it is my understanding that it would be able to be rebuilt. Mr. Humiston- Can we ask staff to bring it back at our next meeting? Mr, White- I believe the time line may allow your comments to still have meaning to the Board of Commissioner. As long as it gets to the BCC it can be heard, Mr, Hughes- I would like to see more of a definition and have staff come back. Page 83-86: Ms. Lynne- On page 84 letter "E" talks about replacement of the removed vegetation within 14 days; they could put back the original vegetation, Ms. Mason- They are looking into adding LDC amendments that would cover relocation on site. Ms. Lynne- If the native vegetation can be preserved you are maintaining genetic diversity. Ms. Lynne moved to accept the code as written with the suggestion that listed species not be destroyed but relocated or restored onto site. Second by Ms. Hushon. Carried unanimously. Paragraph "I" looks like a good place to put the language. Page 87: No Changes Page 88: Ms. Hushon- I had made the suggestion under "C" , that we delete the word "major" and alter the wording to put the exceptions up at the end of the first sentence. Ms. Hushon moved to remove the concept of major and make it so that it applies to any addition to a single or two family lot with the exception of tents, awning, Page 9 /0 r 18 II March 2, 2005 cabanas, and screened in enclosures. Second by Ms. Lynne. Carried unanimously. Page 91: No Changes Page 94: No Changes Page 158: Mr. Humiston- I have the same comment about the vegetation trimming. Mr. Humiston moved to approve with the deletion of paragraph "2D" on page 159. Second by Mr. Sorrell. 4 apposed 4 in favor. Motion fails. Bruce Anderson, Roetzel & Andress Law Firm- I represent the Contractors and Builders Association. The early bonus is in there because we are in a race against the market. This is modeled after the early entry bonus that is available in the Rural Land Stewardship area. That bonus period is five years, unlike the one today which is three years. The Conservancy had withdrawn any of its opposition. You getting early preservation of sending lands, Mr. Humiston moved to accept staff recommendation. Second by Mr. Hughes. Carried unanimously. Mr. Gal moved to approve amendments 2.03.08,3.05.07,3.06,06,4.06.04 A & B. Second by Mr. Humiston. Carried unanimously. VII. Council Member Comments Mr. Hughes- The items covered today are extremely serious and need serious consideration to a grandfather clause to existing conditions pertinent to catastrophic events that may take place in the future, Ms. Hushon- I would like to thank the staff for highlighting the environmental Issues. Mr. Hughes- I would like to thank our stenographer from the last meeting who was incredible, we received a word for word book. I was very impressed. Ms. Lynne- I do not understand why Barb Burgeson was not here. Page 10 /62 / B 1/ March 2, 2005 Ms. Mason- She is the Corporate member in Hanson. It was unavoidable for her not to attend. Hanson is our first priority. 8, Outstanding Advisory Committee Member Nominations Ms. Hushon- The application form on the web site will not open. Mr. Gal- My term expires in April. Mr, Hughes- I nominate Alfred Gal. Mr, Chrzanowski- Does everyone have all of the web site lists. I will email them. VIII, Public Comments None ********* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :43 AM. COLLIER COUNTY ENVIRONMNET AL ADVISORY COMMITTEE Chairman Alfred Gal Page 11 Ib::t. 1& 1'2- / lIaIIA.,,'" "..,~ IK.I.7Jt. FilalS Ap Hal,,8 H~t'\n\ng Coy'~ Coletta I. Ad..,.oty eo....lttu 2885 Horseshoe Drive South 'Naples, FL 34104 AGENDA RECEIVED MAR 2 5 2005 CALL MEETING TO ORDER Board of County Commlsalonera II. ATTENDANCE III. APPROVAL OF AGENDA IV, APPROVAL OF MINUTES: March 3, 2005 V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Liz Deleon VI, LANDSCAPE MAINTENANCE REPORT: CLM VII, OLD BUSINESS: A. Trash Containers B. Benches - Carol Wright C. Dumpster - Carol Wright D. Vanderbilt Dr/lllth Design - Dale Bathon E. Grey Water - Bob Casey F. Future Projects: a. Planting AnnuallPerennials on various comers - Darryl Richard b. Decorative signs and poles IX. SUB-COMMITTEE UPDATE'S: A. Utilities - Charles Arthur B. Sidewalks - Carol Wright C. Maintenance - Lew Schmidt 1. Baker Carroll Point D. Tax Analysis - Bud Martin E. Liaison - Dick Lydon VIII, NEW BUSINESS: !;;;2:~:~~~;'::~;;::~~:;~~::.~:>;'~:~;~":1:~.. ~ MIs':. C':Jrres,. - - "J:;W,1'''''t.':'...,;./,,1~ j - ~l f),~!-:}; 1-llduJL2.~__ ~ Ef:":i~ l(o{:t.. /1 B,1-. XI. PUBLIC COMMENTS (\:,~,.;~,~s .~.~: XII. ADJOURNMENT , ..... ...... .. ..... ~ ..... ., ,- .. ~ .... ,. . '" ,_.......-.. .:' ., '. ,'- ......'..... "",.' .1....... ';...:',_.' The next meeting is scheduled/or May 5, 2:00 PM, 2005 AT ST. JOHNS PARISH LIFE CENTER 625 ll1TH Ave. Naples, FL I tJ:; 3- 18 ,2.. .... 1I11111i.,"" "..,~ M.s.7.1t. Ad"lsoIY 60lltlltlttu 2885 Horseshoe Drive South Naples, f"L 34104 March 3, 2005 MINUTES I. The meeting was called to order by Chairman Dick Lydon at 2:05 PM. II. ATTENDANCE: Members: Dick Lydon, Charles Arthur, Carol Wright, Lew Schmidt, Bud Martin Collier County: Darryl Richard -Project Mgr., Liz DeLeon-MSTU Coordinator, Others: Kaydee Tuff -Manpower Services III. APPROVAL OF AGENDA: Bud Martin moved to approve the Agenda as amended. Second by Carol Wright, Carried unanimously 5-0. IV. APPROVAL OF MINUTES: February 3, 2005 Bud Martin moved to approve the minutes of February 3, 2005. Second by Lew Schmidt, Carried unanimously 5-0. V, TRANSPORT A TION SERVICES REPORT A. Budget Report. Ms. DeLeon reported that since the last meeting several bills had been paid. (Attached) Ms. DeLeon said she will bring next year's budget to the April meeting for board approval. Mr. Lydon expressed concern that the board members receive the budgets in a timely fashion that will allow the budget to be reviewed and finished by the May meeting. Revenues: Ms. DeLeon said a new line item under transportation reading $2,235.19 is a mystery. She is researching the item. Mr. Schmidt questioned the figures for investment interest, showing estimated revenue of $7,500.00 and a received revenue of$335.28. Ms. DeLeon said she would research the matter. Mr. Arthur questioned the negative five percent that is supposed to be returned to the MSTU. He said the return has never been shown and requested Ms. DeLeon to track it. 1 /fo::L I BIt.. Mr. Schmidt moved to approve Ms. DeLeon's report. Ms. Wright second. Carried unanimously, 5-0. VI. LANDSCAPE MAINTENANCE REPORT: CLM Mr. Lydon noted there is a continuing problem with trucks damaging the curbing near construction areas. He suggested members of the MSTU go to the site and state that the project will not receive a CO until the damage is repaired. Discussion continued on problems with the early morning Waste Management truck cutting the curb and causing damage. Mr. Richard noted that some new plantings will minimize some of the damage. He said he will review design options with additional costs to be considered. Mr. Martin suggested that the county's liability insurance should cover the placement of a boulder to minimize potential damage. Mr. Lydon suggested the group consider using cards that can be posted when a contractor or subcontractor are damaging public infrastructure. It was noted that the cards could be attached to the permit boards at the construction site. Mr. Richard suggested the notice be sent to the actual homeowner. Mr. Martin moved to have Mr. Lydon and Mr. Schmidt work on this through their individual homeowners groups. Mr. Arthur second, Carried unanimously, 5-0. VII. OLD BUSINESS: A. Drainage - Regatta Corner. Mr. Schmidt said the item could be removed from the agenda because the ongoing problem noted is created by the MSTU as reported at the last meeting. He will report back to the board. He noted that a woman from Regatta questioned when the palm trees in the Parkway on Vanderbilt Drive will be trimmed. Mr. Richard said he will contact the woman about the trimming. B. Trash Containers - Discussion was held on the style of trash containers and the concern from residents that people will throw dog waste into them. It was questioned who will empty the receptacles and ifbags were to be provided for dog waste, who will oversee replenishment of bags. Mr. Richard will bring answers back to the board. C. Benches - Ms. DeLeon said the cost for the proposed benches will be between $800 and $1,500. The benches are virtually maintenance free. Mr. Richard will get the exact model numbers and cost information and bring it to the next meeting. Ms. Wright nominated Mr. Martin to chair a subcommittee to oversee the project. 2 ". O"_~"_~'_'~' '., ~.",.,,__,~,_.~,._,"..~.._,__,.__"_"_"'" .~..~..__.,,_.__._-, /b:J- IBI'2.. D. Dumpster - Ms. Wright said she learned that County Ordinances do not require dumpsters to be covered. Mr. Richard questioned if the dumpster should be required to have a gate for safety reasons. It was decided that Mr. Lydon will write a letter to Commissioner Halas, relaying the concerns of the beautification MSTU regarding the safety and aesthetics of the dumpster. E. Vanderbilt Dr.ll1th Design Mr. Richard presented the committee with plans that are slated to go out to bid in a couple weeks. He said the project is still three to four months out as far as actually issuing a notice to proceed. He said the design is complete but a change order can be made to add irrigation sleeves. The MSTU Committee would need to vote to go out to secure bids as to the cost of adding the sleeves. Mr. Lydon questioned if the group wanted to pay for putting water in at the time the turn lane is put in. Mr. Richard said the change order will require contractual services with an engineer or landscape architect and suggested the group use CLM. He estimated the cost at $25,000 or more. Ms. Wright questioned if one of the Homeowners groups could hire an engineer to do the work for considerably less and the MSTU could reimburse the Association. Mr. Martin moved to go out for bids on the cost for engineering services to determine cost for he sleeves. Ms. Wright second. Carried unanimously, 5-0. F. Gray Water - Bob Casey Mr. Casey was not present. G. Baker Carroll Point Mr. Schmidt suggested the item be moved to sub-committee reports under Maintenance. Mr. Lydon voiced concern that nothing was being done with the issue and wanted to see some progress on this item. H. Future Projects a. Planting annuals/perennials on various comers (moved to IX. C. under subcommittee reports.) b. Decorative signs and poles - the associations once required wooden poles but let the matter go and now the poles have been replaced with metal poles. Mr. Richard said he will bring three standard options for the board to consider at the next meeting. VIII, SUB-COMMITTEE UPDATES: (C) Maintenance - Lew Schmidt 3 I b:Z I B /2.. Mr. Schmidt said the group reviewed Robert's bill and discussed general maintenance and care of landscaping along Vanderbilt Drive, Baker Carroll Point, and the planting of colorful annuals. The group decided to wait for Mr. Richard to become more familiar with the area and perhaps arrange a tour before a decision was made. He noted that Mr. Savard has not been able to attend subcommittee meetings for work reasons and suggested adding Mr. Joe Bianco to the subcommittee. Mr. Lydon voiced concern about priorities and how long it takes to complete those priorities. He suggested recommendations as to desired plantings and locations by the April meeting. It was discussed that annuals could require multiple plantings and additional costs. It was noted that the annuals could be planted in areas with existing irrigation. Mr. Richard said the group can: 1. Coordinate through Robert a price cost analysis to plant annuals in the areas discussed. 2. Secure services from a Landscape Architect on the County approved list. lIDs would cost more but allow for a more high-end result. Ms. Wright said there are perennials that provide color and having color all year round is not necessary as most Homeowners are not around during the summer months. Planting could be done one time, just before November in preparation for season. It was noted that the subcommittee is in need of a representative from Gulf Shore Drive. Ms. Wright and Mr. Schmidt will address this. Mr, Martin suggested the group challenge CLM to come up with a proposal for the work including what plants and which locations for the beds. If the company values a continued contract they should be willing to put time and effort into the proposal. A. Utilities - Charles Arthur Mr. Arthur said the group is scheduled to meet with Commissioner Halas and County Manager Jim Mudd, Mar. 23, to discuss the County putting up the money for costs associated with the burial of power lines with the MSTU or Homeowners later reimbursing the County for those costs. Mr. Richard said the original estimate of$3.5 million is not accurate and will be reviewed for a more accurate estimate. About half of the Homeowners will have the option to pay into the project ($1,500) or retain the pole in front of their home. It was noted that the County can approve laying the lines within County Right-of- Way, allowing for a variety oflines to be placed in that trench. B Sidewalks - Carol Wright Ms. Wright said she has a meeting lined up with Diane Flagg on Monday (Mar. 14). 4 /~"2. //3/2- It was noted that the current sidewalk repairs along Vanderbilt Drive from Vanderbilt Beach Road are being conducted and paid for by Collier County. D. Tax Analysis - Bud Martin Mr. Martin stated there was noting to report. E, Liaison - Dick Lydon Mr. Lydon outlined the 4-year review he intended to present to County Commissioners on Tuesday, March 8th. The Committee approved of the comments outlined. Mr. Schmidt requested he be excused from the May meeting as he will be part of a trip to the Holy Land. XI. PUBLIC COMMENTS- None XII. Being no further business to come before the Committee, the meeting adjourned at 5:10 PM. The next meeting is scheduledfor 2:00 PM, April 7, 2005 A T ST. JOHNS PARISH LIFE CENTER 625111TI1 Ave. Naples, FL 5 /6:Z /8/2.. COLLIER COUNTY TRAFFIC OPERATIONS AND ALTERNATIVE TRANSPORTATION MODES DEPARTMENT Tndlk Operations ltOt1 Alternative Transportation Modes Department Metropolitan Planning Organization Municipal Services Taxing Units Transitffransportation Disadvantaged Pathways 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 (239) 774-8192 FAX: (239) 213-5899 March 2, 2005 Mr. Gene Hartley FP&L 4105 15th Ave. SW Naples, Florida 34116 Ref: Vanderbelt MSTU Request for Pricing - Power Line Burial Dear Mr. Hartley, Gene, we are working with the Vanderbelt MSTU in order to obtain pricing for the Burial of the Power Lines within the MSTU Boundary. Please see the attached Three (3) maps of the boundary for the MSTU for the purposes of your cost estimate. The area under consideration is bound by Vanderbilt Beach Road (South Boundary), Vanderbilt (East Boundary), Gulfshore Dr. (West Boundary), and Bluebill Avenue (North Boundary). You had mentioned during our conversation that your initial preliminary cost estimate for the MSTU would be approximately 3.5 million. And that for preliminary cost estimation purposes that $130.00 per liner foot would suffice for initial cost estimation purpose. Also, as per our discussion you mentioned that each homeowner (or MSTU) would be responsible for digging the 26" trench required for the installation of the under-ground power lines. And that each homeowner (or MSTU) would be required to obtain the services of a Licensed Electrician for the purposes of installation of a meter box and if required upgrade of existing electrical components of each residence to meet current code requirements. Your initial preliminary cost estimate for this type of installation is $1,500 per home. Please call me with any questions regarding the cost estimate at my number 239-659-5775. Sincerely, 6.iE:ecl Manager, Traffic Ope,"ions and Alternate Transportation Modes Cc: Liz Deleon, MSTU Liaison, A TM Pam Lulich, Project Manager, A TM VISION: TO PROVIDE "WORLD CLASS" TRANSIT AND PATHWAYS IN AN EFFICIENT AND EFFECTIVE MANNER THROUGH COMMUNICATION AND COOPERATION WITH CITY AND COUNTY ELECTED OFFICIALS /6 Z f81L ~.,i......,t From: RichardDarryl Sent: Friday, February 25,20054:42 PM To: DeLeon Liz Cc: lulich_P; casey-bob; flagg_d Subject: FW: Vanderbilt Drive MSTU Liz, Please print this for official record for Vanderbilt MSTU. We will present the information to the MSTU on March 3rd and recommend that the MSTU proceed with the hire of Consultant through Collier County Fixed Term Annual Contracts with Engineer Consultants. Prior to the meeting I will request a copy of the list of all Fixed Term Engineer Consultants from Purchasing so that we will know who the pool of Engineering Firms would be for selection of the firm. I will recommend that the MSTU vote to investigate (through Collier County Purchasing) which Engineering Firm would be appropriate for hire. (cost TBD). Darryl ----Original Message----- From: casey_bob Sent: Friday, February 25, 20054:30 PM To: RichardDarryl SUbject: RE: Vanderbilt Drive MSTU Yes, that would be my recommendation. The County has consultants/engineers under a fixed contract, purchasing can provide those details. Thanks, Bob -----original Message----- From: RichardDarryl Sent: Friday, February 25, 2005 4:26 PM To: casey_bob Subject: RE: Vanderbilt Drive MSTU For the purposes of accurate pricing would you recommend the MSTU hire an Engineer Consultant? and if so who? Darryl ----Original Message---- From: casey_bob Sent: Friday, February 25, 20054:23 PM To: RichardDarryl Subject: RE: Vanderbilt Drive MSTU The only thing I can provide is the cost per foot of installed of 6" pipe is approx $20/ft. This estimate is strictly for laying the pipe in open areas without conflicts, valves, etc. Best I can do with limited information. /6 ~ I f3lz Thanks, Bob -----Original Message----- From: RichardDarryt Sent: Friday, February 25, 2005 3:50 PM To: casey-bob Cc: DeLeonUz; lulich_P SUbject: FW: Vanderbilt Drive MS1U Bob, Please see Liz's email below. Could you give an opinion (ball park) on the cost of the extension of the present service locations to the Vanderbilt MSTU. 1) 3,500 feet extension to the South of Vanderbilt Drive (with pump system) 2) 13,000 feet extension to the North of 111 th Avenue (with pump system) If you would at least give them a range of minimum projected cost or maximum projected cost. If the MSTU were to consider financing the extensions they would need to be aware of the total projected cost of the project. I'm sure that your initial preliminary opinion of cost would need to be verified/confirmed by an Engineer Consulting Firm (contracted by the MSTU). Secondly, of course would be the available pressure and gallons per minute at the source, would there be watering restrictions due to the unavailability of Effluent at either one of these proposed tap locations? Darryl, Vanderbilt MSTU Project Manager -----Original Message----- From: DeLeonUz Sent: Friday, February 25, 2005 3:37 PM To: RichardDarry! SUbject: RE: Vanderbilt Drive MSTU Darryl- All the MSTU members have a copy of this e-mail what they would like to know is how much all the process mentioned below will cost them (Approx.). Those three steps are good information for them. I don't believe they knew the course of action. Liz ~Origi~a~ ~es~~ae:::--:_ I~:.................:~T"/i Sent: Friday, February 25,20053:30 PM To: DeLeon Liz Cc: lulich_P; fla99-d; casey_bob; DickRoger Subject: FW: Vanderbilt Drive MSTU Liz, /6.z. /8/2.. is supplied from the Pelican Bay reclaimed water pump station and was installed to provide service to the Beachwalk Development. There is a 12" reclaimed water line which crosses Vanderbilt Drive approximately 1 mile North of Wiggins Pass Road which places the line approximately 13,000' from 111 th Ave. Both lines would require a booster pumping station be installed to support your irrigation pressure demands as these mains typically operate at low pressure. As far as pricing for either scenario, here is a listing, in no particular order, of underground utility contractors currently doing similar work for the County. They will be able to provide an estimate of construction costs for the MSTU to consider. Kyle Construction 643-7059, Quality Enterprises 777-4418, Haskins 947- 1846, Mitchell and Stark 597-2165. The current cost for reclaimed water for this type of system is $0.28/1000 gallons. If I can be of any further assistance, please contact me at 593-0336. Bob Casey /~ 218ft... The followino information is orovided for oresentation at the March 3rd Vanderbilt MSTU Meeting. Bob Casey is not available for the March 3rd Vanderbilt MSTU meeting, however, he has referenced the January 11, 2005 email to Ms. Boyer regarding the Vanderbilt MSTU's request for information. In the email attached Bob recommends the MSTU to provide funding for an extension of the present Effluent line locations to the MSTU Area. This would require (1) Design services (to include CEI services) from a Florida Certified Engineer for Engineering Drawings, and (2) Preparation of Bid Documents. (3) Award of Contract. This is the recommended course of action for the MSTU. Presently there are no plans for Collier County Wastewater Reuse to extend the service line for the MSTU. Therefore, in order to move the conversion from Potable to Effluent, the MSTU should consider financing the extension of the Effluent line. Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 telephone: (239)659-5775 Fax: 239-213-5885 Cell: 239-253-9083 darrytrichard~colliergov. net ----original Message----- From: casey_bob Sent: Friday, February 25, 2005 1:16 PM To: RichardDarryt SUbject: FW: Vanderbilt Drive MS1U -----original Message----- From: casey_bob Sent: Tuesday, January 11, 2005 3:54 PM To: 'bjpalm47@earthlink.ner Cc: cheatham..,j SUbject: Vanderbilt DriVe MS1U Dear Ms. Boyer, It is my understanding that the MSTU would like to explore the possibility of using reclaimed water, in place of potable water, for irrigation from Vanderbilt Beach Road (VBR) to 111 th Ave along the West side of Vanderbilt Drive. There is an 8" reclaimed water main located on the North side of VBR just West of the intersection with Hammock Oak Drive. This places the line approximately 3500' from the Southern end of Vanderbilt Drive. This 8" line /b:Z 18/Z- ..... ".,."."", s.ae~ M.s.7-". Al;fllISOlY 60".".lltH 2705 Horseshoe Drive South Naples, FL 34104 SUMMARY OF MOTIONS & MINUTES March 3, 2005 III. & N. Agenda and Minutes were approved as submitted. VI. Landscape Maintenance Report: Mr. Lydon suggested the group consider using cards that can be posted when a contractor or subcontractor are damaging public infrastructure. Mr. Richard suggested the notice be sent to the actual Homeowner. Mr. Martin moved to have MR. Lydon and Mr. Schmidt work on this through their individual Homeowners groups. Second by Mr. Arthur. Carried unanimously 5-0. VII. Old Business: E. Vanderbilt Dr. 111 th Design Mr. Martin moved to obtain bids for the cost of engineering seIVices to detemrine cost for the sleeves. Second by Ms. Wright. Carried llllanimously 5-0. ) o TRANSCRIPT OF THE MEETING OF THE CONSERVATION COLLIER Fiala . Halas q,' LAND ACQUISITION ADVISORY COMMITTEE Henning _ Coyle V Naples, Florida, February 14,2005 Coletta /~:J. 18/3 / RECEIVED MAR 2 3 2005 Board of County Commissioners LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee, having conducted business herein, met on this date at 9 AM in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kathy Prosser Tony Pires Michael Delate Marco Espinar Ellin Goetz Mimi W olok Will Kriz Bill Poteet Wayne Jenkins Also present: Cindy Erb, Sr. Property Acquisition Specialist, Real Estate Services Alexandra Sulecki, Program Coordinator Michael Pettit, Chief Assistant County Attorney Chuck Carrington, Real Estates Services Manager Ricardo Valera, Director Stormwater Management ~;.lrms: Date:'=l\~{D los 1([[1;# } l.9 Ct} \ ~\3 To: 102. /8/3 I. Roll Call was conducted by Chairman Kathy Prosser with all members present. (Ellin Goetz later joined the group in session.) II. Approval of Agenda Ms. Sulecki requested item V. F be moved ahead ofV. C on the agenda. The agenda was unanimously approved with the change on a motion by [Will KrizJ, seconded by Bill Poteet. III. The January 10 minutes were unanimously approved on a motion by Mr. Jenkins, seconded by [Michael Delate]. IV. Old Business A. Update on Status of First Cycle A-list Properties & NGGE US3 Ms. Erb said two more parcels will be closed on Feb. 28 in Unit 53, bringing the total number of parcels acquired to 11 for at total of 16.31 acres. She said another offer of $75,000 was made to another applicant for 5.54 acres and the offer was accepted and will be brought before the committee at the next meeting. She said she had prepared the documents for the 3. 79-acre parcel from (Beardsely) with closing scheduled for Mar. 24. She said the department is waiting for more information on the north Fleischman property to determine what land will be available. She said regarding the Talon Land Group, the department is waiting for a determination which will take about six months. Cycle 2 - The "Still Interested" letters have been sent out and all recipients are interested in the process. Appraisals are being scheduled. She said two more parcels have been added in the Winchester Head project for a total of seven appraisals in that area. B. Malt Property - Staff appraisal process update. Ms. Sulecki said the offer on the property has technically expired as of Feb. 9 after the most recent 30-day extension. The offer was originally made Sept. 24 and two extensions have been awarded. She said the county's purchase policy does not address what to do so the committee can conclude the offer has expired and move on or wait until the county's appraiser reviews the additional information from the property owner's review of the county's appraisal and then make a decision. Richard Y ovanovich, legal representative for Mr. Malt, said when he came before the committee a month ago, it was his understanding that the only issue 2 -".~~_..._--~_._"-----_.__.._...._.,._.,..__. ._.._,,,,..,,~---_.._<....---~---"'--"'--_._-"--'~--"^ j b ::J.. /8/3 his client had with the offer was the discount that each appraiser had established for a high rise verses a low rise. He said there was no discount for the ability to go up to 10 stories and that the offer was neutral on this issue. He said if the county's appraiser did not change the appraisal due to this issue, he thought they were going to get a period of time to accept the $4.75 million offer or reject it. He said he hoped the county will work with his client as to a price as it is in everybody's best interest for the sale to occur. Mr. Delate questioned the permitting on the site and Mr. Yovanovich said he has not been pushing it because the owner had been negotiating a sale with the county. He said the project does have permitting from the South Florida Water Management District (SFWMD) but not the Army Corps of Engineers. Mr. Kriz questioned what took place during the 30 day extension to which Mr. Yovanovich said a summary of their appraiser's evaluation was provided to the county as well as copies of everything they had as far as offers. He said some of the information was available by the original deadline and the evaluation came a few months ago. Ms. Prosser questioned why the information was not submitted at the pre-appraisal meeting to which Mr. Y ovanovich said he did not know. Ms. Wolok made a motion to extend the offer another 30 days to allow staff to evaluate the additional information. Mr. Carrington said the normal time period is 15 days. He said even with the miscommunication from Mr. Malt's representatives, the information was still received late. He said if the offer changes, staff will re-evaluate and submit the new offer to them, if not the same offer will be made and they will have 15 business days to accept. Mr. Poteet questioned if the move would set a precedent in allowing re- evaluation of appraisals to which Mr. Carrington said it is not technically a re-evaluation and falls under county policy. He said this will be an opportunity to consider if the unit application was off in the county's appraisal. Ms. Prosser said a policy for final timelines must be established because as delays are requested, the price of the property goes up and the county and the taxpayer lose out. Ms. Wolok amended her motion to extending the offer another 15 days upon the date of receipt of the review of the county's two appraisers to accept the offer. If not, the offer will expire. Second by Mr. Kriz. Unanimously approved. 3 I b ::t.. /8/ g (Item V.A was moved up in the agenda.) New member Tony Pires was introduced and welcomed to the committee. c. Property Naming. Ms. Sulecki said she sent out a press release on this item but there has not yet been a story in the Naples Daily News. The item was extended to the next meeting. D. Winchester Lakes Ms. Sulecki said the 654-acre fill pit is near Winchester Head. She said the fill pit has a conditional use and recently began pre-application for a cement and asphalt plant. The process was later put on hold due to residential opposition. She said she checked with engineering and environmental staff to see if there were any concerns to the Winchester Head parcel regarding a nearby asphalt plant and there were no "smoking guns." V. New Business B. Transportation Depart. Presentation regarding plan for Fleischmann (North) property Mr. Valera, of Storm Water Management, outlined the project which is designed to provide flood protection and water quality for the Gordon River Basin. He said seven RFPs (requests for proposals) are now in the review process to come up with a design. He said SFWMD has provided $250,000 for design and $250,000 for construction of the project. The project will also include passive recreational facilities, but the main goal is water quality improvements. Ms. Prosser questioned how much of the 50-acre northern property will be used for a park to which Mr. Valera said the project will not impact any of the 21-acres of wetlands. He said the county intends to have the City of Naples assist with maintenance and operation of the water quality system and have Conservation Collier take over the wetlands portion. Ms. Prosser questioned the mitigation that the Department of Transportation will have to do as a result of the curve cut into the western most portion of the property. Mr. Valera said there were no impacts to any wetlands. He said the county wants to take water quality and environmental credits earned from removing exotics in the wetland area and banking those credits for future projects. Mr. Jenkins asked ifthere will be parking on site to which Mr. Valera said there will be a sodded parking area or inlet with special filters. 4 J~:J- /8/S Ms. Wolok voiced concern that the project will be constructed on the more environmentally desirable upland scrub habitat portion of the property and questioned if the water quality system could be constructed in the wetland area, which has been significantly degraded. Mr. Valera said the design will allow the treated water to discharge into the wetland area of the property to rehydrate the condition of the wetlands. Ms. Goetz questioned who owns the property to which Mr. Valera said the county secured a $15 million loan to finance the proj ecL He said there are currently $700,000 in capital funds in addition to the $500,000 from SFWMD. The design monies, permitting and architectural work will be covered by the SFWMD monies and Collier County will fund construction. Ms. Prosser questioned the department's water quality intent south of the Parkway. Mr. Valera said that parcel is being headed by the Caribbean Gardens Blue Ribbon Committee and little has been discussed with his department regarding that property. Public Comment Brad Cornell, of the Collier County Audubon Society, noted that while he does not object to the water quality treatment project, he questioned if Conservation Collier funds should be used as the goal of that project is not preservation but water quality. After some discussion Ms. Prosser said the Board of Collier County Commissioners (BCe) has made it clear by putting the property on the A List that they want to purchase the property with Conservation Collier funds. She said the committee acts in an advisory capacity and the final decision will be made by the BCC. F. (order changed by motion) Recommendation for new Advisory Committee members. Ms. Sulecki noted there are two seats (currently held by Ms. Prosser and Mr. Poteet) open on the committee. On a motion by Mr. Delate and seconded by Ms. Goetz, the committee voted unanimously to recommend Mr. Poteet and Ms. Prosser be reappointed to the committee. C. Presentation of approved Active Acquisition List (AAL) 5 /6 ::z. //3 /3 Ms. Sulecki stated the Talon Land Group has applied to remove a portion of the property from neutral to sending. There is an amendment to the TDR program being considered that will provide incentive for donation. D. McIntosh Property - Review for addition to AAL per BCC direction. Ms. Sulecki stated the BCC had directed staff in January to bring the McIntosh property back to the committee for consideration to be added to the A List. Located on the northwest comer of Pine Ridge Road and Logan Blvd., the property is the only one of the three comers with a willing seller. She said the 6.34-acre parcel is historically a slough and restoration to historic conditions is not feasible. The property has been reassessed under a new scoring system and the score increased due to the fact that the land can be managed for current wetland conditions. Due to the rise in the score and support for preservation from the neighborhood, the BCC would like to have the property re-considered for the Active Acquisition List. Discussion continued regarding how much of the property would be purchased for right of way by the Transportation Department (30-60 feet) and the lack of potential for public use of the property if secured. It was noted that open green space qualifies as public use for conservation. Mr. Kriz made a motion to have the property placed on the A List with Mr. Poteet seconding the motion. Ms. Sulecki noted that all members would be allowed to vote to recommend a ranking category but those members previously having conflicts with other parcels on the Active Acquisition List may not vote on amending that list to include the McIntosh property and must state conflicts of interests for the record. Ms. Prosser, Mr. Espinar and Ms. Goetz all stated individual conflicts with other properties on the list. These conflicts were the same as stated for the record during the December 13, 2004 meeting and are: Ms. Prosser - The Conservancy has entered a settlement agreement with Collier Development Corporation regarding listed properties. Mr. Espinar - Mr. Espinar helped obtain an Environmental Resources Permit and is currently obtaining a Gopher Tortoise Relocation Permits on the Manis Property . Ms. Goetz - Watkins/Jones parcel is partially owned by Ms. Goetz's husband. Mr. Delate questioned the vision for the property and the costs to which Ms. Sulecki stated the costs would vary depending on what will be done with the property. The motion to place the McIntosh Trust property on the A List passed 6- 3 on a roll call vote as follows: Jenkins - yes 6 /6.L 1813 Poteet - yes Kriz - yes W olok - yes Prosser - no Goetz - yes Espinar - no Delate - yes Pires - no On a motion by Mr. Poteet and seconded by Mr. Kriz, the committee voted 5-1 (with members Kathy Prosser, Marco Espinar and Ellin Goetz abstaining) to amend the AAL to include the McIntosh Trust parcel. Mr. Pires opposed. E. Outstanding Advisory Committee Member Program. Ms. Sulecki announced that Mr. Delate was the March recipient of this honor. G. Coordinator General Report. Ms. Sulecki reported that the America's Business Park (ABP) project could receive up to $9.9 million under the Florida Communities Trust Grant program as it is pre-acquired. She said staff chose to focus on the ABP project over the Caribbean Gardens property for this grant cycle as the ABP property is already purchased and the Caribbean Gardens (south) parcel has not yet been acquired. The NGGE US3 project brochures are ready to be sent out to property owners in the core area. Ms. Sulecki said she will be speaking to the Golden Gate Estates Area Civic Association on Feb. 16 She welcomed one member to join her if they wish. The Visnich Preserve has had the exotics cleared and a trail established. V olunteers are assisting with spreading mulch and debris removal. A preserve opening will be scheduled and staff hopes the project will be named by that openmg. A purchase prices has not been secured for the Fleishmann South (Caribbean Gardens) project. She said a letter of support has been sent from the Conservancy of Southwest Florida to Rep. Connie Mack, who is recommending the Gordon River Greenway project be included in the T -21 Reauthorization (a Federal transportation bill). On Jan. 12, Ms. Sulecki met with members of the Southwest Florida Land Preservation Trust on a conceptual plan for a pathway as part of the Gordon 7 1t:J /Br3 River Greenway project. She recommended the group work with the Collier County Parks and Recreation Department and Pathways Advisory Committee. Ms. Sulecki reported she has received nominations for the third cycle and has made one site visit. She has placed information regarding the third cycle to the public through a press release and through the BCe. VI. Subcommittee Meeting reports A. Budget - Ellin Goetz - none B. Outreach - Bill Poteet - none, meeting to follow committee meeting e. Lands Evaluation and Management - Marco Espinar - none D. Ordinance Policy and Procedures - Will Kriz - meeting scheduled for 10 a.m. Feb. 25. E. 2006 Referendum - Mimi Wolok - to be scheduled VII. Committee Member Comments None VIII. Public General Comments None IX. Staff Comments None X. Adjournment On a motion from Mr. Kriz, seconded by Mr. Jenkins and there being no further business for the good of the County, the meeting was adjourned at 10:40 AM. Conservation Collier Land Acquisition Advisory Committee Chairman Kathy Prosser 8 /6.:z. //3 /3 ..- - FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST GO~1-~-MIDDLE gr 1.-1 N NAME OF BOARD. COUNCIL. c,offISSION. AUTHORITY. OR COMMITTEE MAILING ADDRESS V\ r/. A. v.o -n.J.. THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITIEE ON ':? 11 ~'r\O" vv I ~ \ n WHICH I SERVE IS A UNIT OF: CITY kf COUN~ rJ I I ~ Cl CITY OUNlY I\. \ I r/ t-.. ~~ NAME OF POLl11CAL SUBDMSION: I 'l ~ ./ VCu.-Le72- U1V MY POSmON IS: DATE ON WHICH VOTE OCCURRED Z- -I --IJ J>- Cl aEC11VE WHO MUST FILE FORM 88 This form is for use by any person serving at the county. city, or other local level of government on an appointed or elected board, council, commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special pnvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss <if a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357. F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law. i1 "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law. son-in-law, and daughter-in-law. A "bUSiness associate" means any person or entity engaged in or carrying on a business enterpnse with the officer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorcorate the form In the minutes. (Continued on other side) / ~ :::r:. /13 /3 ~PPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it.within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of tne agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ~ L ~ l N 6. 0 e: 11..,. , hereby disclose that on OVTt) ~~ It "ko1 ,20 (JOr: I, (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ~ inured to the special gain or loss of my relative. f.I\ \'-~ vJA1::bltJ~ inured to the special gain or loss of whom I am retained; or I by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. . which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: N vJ~N~-(f~ f~ ~lN~ ~ ;.upJf;?m6N I C1~ Of wNs~eN 6oUAt?l<- r/2fJ~ tJN~ 'fJy fVVY ttus~~ ~ I ~ w~"( \ 0 'f PalAUJ( LN~t'\~. {?1k'~fJ. \ \ / g /01 Date Filed I I NOTICE; UNDER PROVISIONS OF FlORIDA STATUTES 9112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 510,000. CE FORM 88 - EFF 112000 PAGE 2 , ''---~ I ~ .::L /8/3 I FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS E OF BOARD NelL. COM~ISSION, AUTljpRITY. OR COMM'WE L . / L. . ~ IJdv/ IJp u/mm C THE BOARD, COUNCIL. MMISSION. AlffiiORITY OR COMMI ON WHICH I SERVE IS A UNI OF: Q CITY OUNTY Q OTHER LOCAL AGENCY NAME OF POUl1CAL SUBDMSION: MY POSITION IS: Q ELECTIVE ~POINTIVE WHO MUST FILE FORM 88 This ferm is for use by any person serving at the county. city, or other iocallevel of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Flonda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 11203143, FLORIDA STATUTES A person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a pnncipal (other than a govemment agency) by whom he or she is retained (including the parent organiz3tion or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357. F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law. a "relativeO includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law. mother-in-law. son-in-law. and daughter-in-law. A Obusiness associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations descnbed above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining trom voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must 3:Jstaln from voting In the situations described above, you otherwise may participate in these matters. However, you _..._. ,'~~I~~n t1,,, "..,t,..m ~f tho rn"tl:~' ~pinr.: ""''''~'nn ~n~_=_~.pmnt In ini1'1p.nr.p. thp. rlp.cision. whether orally or in writing and whether made /6::z... /8/3 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. () DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ~ n+y r ~ ~<;et!.. ' he,eby disclose that on J:u..c..-, /3 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative. inured to the special gain or loss of )'Yhom I am retained; or ~ inured to the special gain or loss of ~ /LLh~ a.. S---lN is the parent organization or subsidiary of a principal which his reta~d me. .20~: , by . .)(~ . which & . 9 '/ltJ1J d / F Date Filed -JOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE :ONST1TUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, ~EMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAL<\RY. REPRIMAND, OR A :IVIL PENAL 1Y NOT TO EXCEED 510,000. :;:: ::ORM 56 - EFF . '2000 PAGE 2 ~. / 1bJ- I t3 /3 / LAST NAME-FIRST NAME-MIDDLE NAME ~ ,~ HA&Q MAILING ADDRESS ...3 8Ko ~, CITY ~;PL:.G"..s ,F~~/DA DATE ON WHICH VOTE OCCURRED FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD. COUNCIL. COMMISSION. lJTHORITY. OR COMMITTEE 1..S .{!.;'VA r /d N C., It . THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT. OF: D CITY COUNTY D OTHER LOCAL AGENCY NAME OF POUTlCAL SUBOMSION: ~. ~'... COUNTY u/P~ 2 -/4-"5- D ELECTIVE APPOINTIVE MY posmON IS: WHO MUST FILE FORM 88 This fonn is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity . For purposes of this law, a .relative. includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A .business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BB - EFF. 112000 PAGE 1 /6.:L /8/3 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF yOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST #A~C() A. ~ ~,ai? ~ , hereby disclose that on ,20 (J <I : I, (a) A measure came or will come before my agency which (check one) 'i.- inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. ,which (b) The measure before my agency and the nature of my conflicting interest In the measure is as follows: - E/I ,,;?Co,,", WI 4,' 01<.. ~.$' ."c:." S '~-.- i. ~,4-__ r,-, ",..."."" yf -#{ W 02. 7 ,Z€"~77c)N ~/'r y; /Je-~ ed 1/ 6fr; I"~ ,lJ k ~ -I'h.e. ,H 1'171",::S ?A- jU!!- e t. ~/J ot#;,-,r"'1 A 6To7/.~ 7D/LJ7?(S€ .f:, ,. s ,t;Y/ . d'/ j? A, Z-e....( NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 RehO 05 - I '7-D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Print on pink paperTA~~ ~~~n~~~t~~~d~c~n~~~~!e~~~~~~!~ t~~:~~~c~~~0~~~~~u~n~in6gK 2 documents are to be forwarded to the Board Office only after the Board has taken action 011 the item.) ROUTING SLIP Complete routing lines #1 through #4 as approp.riate for additional signatures. dates, and/or information needed. If the document is already complete with the excevtion of the Chairman's signature. draw a Ime throu2h routin2lines #1 throu2h #4. comvlete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin2 order) 1. ----- 2. - _.. - 3. ...--.----- 4. .....---.--.-.--.- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 0..0 \' cL We. \ ~e.\.1 n ~'(1),,, Prpr~ l ~ C::.. ~OO S- "K~c wi g~~bl+- Phone Number Agenda Item Number Number of Original Documents Attached '1<-\- <6Y D 0 \~K~ l Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. oRb ()Q (\~ () Fe:::> nF"6 nrb I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 2. 3. 4. 5. 6. 16K2 · J ~ MEMORANDUM Date: April 28,2005 To: David C. Weigel, County Attorney Office of the County Attorney From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-170 Enclosed please find one copy of the Resolution, as referenced above, (Agenda Item #16K2). approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please contact me at 774-8411 Thank you. Linda Houtzer Enclosure MEMORANDUM Date: April 28, 2005 To: Michael Smykowski, Budget Director Management & Budget From: Linda A. Houtzer Minutes & Records Department Re: Resolution 2005-170 Enclosed please find one copy of the document referenced above (Agenda Item #16K2), as approved by the Board of County Commissioners on Tuesday, April 26, 2005. The original document is being retained for the record. If you should have any questions, please call me at 774-8411. Thank you. Enclosures 16K2 .,~ 1 Dwight E. Brock Clerk of Courts 'Ceupt~._~feo~ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY qOURTHOUSE 3301 TAMIAMI ~ EA:ST . P.O. BOX 4~044 . NAPLES, FLORIDA ~~101-3044 v I \~ i~ 16K2 :) , Clerk of Courts Accountant Auditor Custodian of County Funds April 28, 2005 Donald A. Pickworth, P .A. Suite 502 Newgate Tower 5150 North Tamiami Trail Naples, Florida 34103 Dear Sir, Enclosed for your records is a copy of Resolution 2005-170, Agenda Item #16K2, approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you have any questions, please call 774-8411. Thank you, ~a.~,tJe. Linda A. Houtzer Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us 16K2 " 1 RESOLUTION NO. 05- 170 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(1) OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended. with the power to issue revenue bonds for the purposes of fmancing a "project" as defmed in Part II of Chapter 159. Florida Statutes, as amended; and Whereas, Ave Maria Utility Company, a Florida limited liability limited partnership (the "Company") has applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial Development Revenue Bonds (Ave Maria Utility Company Project), Series 2005 in an aggregate principal amount not to exceed $18,000,000 (the "Bonds"), for the purpose of making a loan to the Company for the purpose of providing funds, together with other available funds, to fmance a portion of the cost of constructing and equipping water and wastewater utility facilities, which will be used to provide water and wastewater utility services for Ave Maria University and the town of Ave Maria (the "Project"); and Whereas, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority held a meeting and public hearing on April 13, 2005 pursuant to a notice published on or before March 29, 2005 in the Naples Daily News, a newspaper of general circulation in the County, a copy of said notice being attached to Resolution 2005-1 adopted by the Authority at said meeting; and Whereas, at the conclusion of the meeting and public hearing the Authority adopted Resolution No. 2005-1 (the "Authority Resolution"), a copy of said resolution being attached hereto as Exhibit "A", approving the project, authorizing the issuance of the Bonds, and directing the Chairman and officers of the Authority to seek approval for the issuance of the Bonds in accordance with Section 147(f) of the Code; and Whereas, for the reasons set forth above. it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(1) of the Code is in the best interests of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Authority's Resolution and the notice attached thereto pursuant to Section 147(f) of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of 16K ~""" J ~::~~,- Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the Project and the Project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED and Adopted this 26th day of April, 2005. . ,~ i . . . I , . , A TTEST:,~..... '.'" . 1"1.. r"; I ': , . ,'I ~..(.o t Dwight-E..') . ~~~ t.. ...'t:; .e4." " _ .., ~ (. - ~ ". 'ii, . ~ 't... B:' .. ., ., . . ....u<!. . y ...' ..-/. :. - De . '" ~' . \..; : :: ':4: ,_ - ".~', : "'I( : =-j:t;ii; .....J'.:i ., III! . ~~, .. ~.A ....... .c";,'" " -SEAL]' '1. r",~"l".\" .,' VW,JI'V,.."" COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY CO SSIONERS Item # I (p Ii l. Agenda Date ~ '2.6 '05 Date Rec'd Lj.z 7-05 2 , .;. ~ :... 0""",.' ("/('_1:_1 '\\ /,7 1., ~ ~:~~ ..~ ..:~~ RESOLUTION NO. 2005-1 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO TIlE PROPOSED ISSUANCE BY 1HE AUTHORITY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (A VE MARIA UTILITY COMPANY PROJECT) SERIES 2005 IN AN INITIAL AGGREGA TE PRINCIPAL AMOUNT NOT TO EXCEED $18~OOO,OOO FOR TIlE PRINCIPAL PURPOSE OF FINANCING CERTAIN COSTS INCURRED OR TO BE INCURRED BY A VB MARlA UTILITY COMPANY~ LLLP ( TIlE "COMPANY") IN CONNECTION WITH TIIE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF CERTAIN WATER AND WASTE WATER SYSTEM FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BETWEEN 1lIE AUTHORITY AND THE COMPANY; AND PROVIDING FOR RELATED MA TIERS. WHEREAS, Ave Maria utility Company, LLLP, a Florida limited liability limited partnership (the "Company") has applied to the Collier Comity Industrial Development Authority (the "Authority") to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $18,OOO~OOO (the "Bonds") for the principal purpose of financing certain costs of acquisition~ construction, and equipping of certain water and waste water system facilities (the "Project") to be owned and operated by the Company and paying costs associated with the issuance of the Bonds; and WHEREAS, the "Project", as described in the application consists of the following: Water System: 1.0 million gallon per day (mgd) reverse osmosis water treatment plant with two filter skids rated at .5 mgd each; a 1.5 million gallon concrete water tank; yard piping, and components; offices, laboratory and equipment, supply inventory and storage space; raw water supply well system; pumps and raw water transmission mains; treated water transmission facilities. Wastewater System. A. 7 5 mgd water reclamation facility utilizing an activtated sludge treatment process followed by tertiary filtration and high level disinfection; force main transmission system; facilities to provide access to users of effluent (the /" '.,~."'- - EXHIBIT "A" TO Bee RESOLUTION 1 h K 2~ .~ by-product of the treatment process) for re-use in irrigation of golf courset residences and green spaces; associated equipment, and an operations and electrical buildings. and to pay certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, the Company has requested that the Authority loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Parts II and III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Company to finance the costs of the Project under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, ifanYt on such Bonds and such other costs in connection therewith as may be incurred by the Authorityt will assist the Company and promote the public purposes provided in the Act; and WHEREAS, in order to satisfy certain ofthe requirements of Section 147(1) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in ColIier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Bonds and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Company; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION I.AUTHORlTY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. 2 1(K2 - SECTION 2.PRELIMINARY STATEMENT. This Resolution is entered into to permit the Company to proceed with the financing of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement for the Issuance of Industrial Development Revenue Bonds of even date herewith between the Authority and the Company (the :Preliminary Agreement"). The Chairman is hereby authorized to execute the Preliminary Agreement on behalf of the Authority. SECTION 3.APPROV AL OF THE FINANCING. The financing of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Company meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. SECTION 4.AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $18,000,000 for the principal purpose of financing the costs of the Project. . The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 5. GENERAL AUTHORIZATION. The Chairman and the Vice- Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 6.0FFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds, as contemplated in the Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 7.LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of 3 16K2 Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 8.LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or estopping Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 9.EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 13th day of April, 2005. ",_.,-,., . \".f:....#".\~'::,l Hi, /. ", ~\".., ........ . ,~.~ (.;:.'i1.PO;:;-. . ~~7~tf\ .~~~ J,,;~<,... . ..~~ l.-...;~ ,tT.' 1""".'::: .~,)" \~JRI. :~ -~:~~. ~ . - . .~~.,., : -,_ ';~.:()nIC l.. ....,.:../ '~"~J' i~~...:. .'~.. .'.:c~~->-' ,~/ 'J'l~:!II .AJJ"r.... '1",\\ . ~"'~ ..~" ""'ATfEST: COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY 4 16K2 EXHIBIT A TO RESOLUTION NOTICE OF PUBLIC HEARING 16K2 Notice of Special Meeting and Public Hearing Notice is hereby given that the Collier County Industrial Development Authority (the "Authority") will conduct a special meeting and public hearing on April 13, 2005 at 8:30 a.m. in the Economic Development Council of Collier County Conference Room, 3050 North Horseshoe Drive, Suite 120, Naples, Florida, 34104 for the purpose of receiving public comments and hearing discussion concerning the proposed issuance of the Authority's Industrial Development Revenue Bonds (Ave Maria Utility Company Project), Series 2005 in an aggregate principal amount not to exceed $20,000,000 (the "Bonds"), for the purpose of making a loan or loans to Ave Maria Utility Company, LLLP, a Florida limited liability limited partnership (the "Company"), for the purpose of providing funds to finance a portion of the cost of constructing and equipping central water, wastewater, and reuse systems that will serve the Ave Maria University and Town, as described under the heading "Description of the Project" set forth below. Description of the Proiect Water System: 1.0 million gallon per day (mgd) reverse osmosis water treatment plant with two filter skids rated at .5 mgd each; a 1.5 million gallon concrete water tank; yard piping, and components; offices, laboratory and equipment, supply inventory and storage space; raw water supply well system; pumps and raw water transmission mains; treated water transmission facilities. Wastewater System. A .75 mgd water reclamation facility utilizing an activtated sludge treatment process followed by tertiary filtration and high level disinfection; force main transmission system; facilities to provide access to users of effluent (the by-product of the treatment process) for re-use in irrigation of golf course, residences and green spaces; associated equipment, and an operations and electrical buildings. Location of the Proiect Plant Site: A parcel consisting of33.41 acres more or less located in Sections 5 and 8, Township 48 South, Range 29 East, Collier County, Florida. The plant site is north of Oil Well Road. A detailed legal description and map of the plant site is contained in the application, which is available for public inspection at the offices of the Authority at the address set forth herein. Proiect Service Area: The Company has obtained certificates from the Board of County Commissioners of Collier County establishing the Company as the exclusive water and wastewater service provider for Ave Maria University and Town. The service area includes part of Sections 21,22,27,28,29,30, and 33 and 16K2 all of Sections 31 and 32, Township 47 South, Range 2S East; And, part of Sections 4, 9,16, 17, and 18, and all of Sections S, 6, 7, and 8, Township 48 South, Range 29 East; And part of Sections 1, 12, and 13, Township 48 South, Range 28 East; And all of Section 36, Township 47 South, Range 28 East A detailed legal description and map of the project service area is contained in the application, which is available for public inspection at the offices of the Authority at the address set forth herein. Initial Owner and Operator The initial owner and operator of the Project will be Ave Maria Utility Company, LLLP, a Florida limited liability limited partnership The bonds will be payable solely from the revenues derived by the Authority from a loan agreement or other financing documents between the Authority and the Company. Neither the bonds nor the interest thereon shall be an indebtedness of, or a pledge of, the taxing power or any other revenues of Collier County, the State of Florida, or any political subdivision or agency thereof. Copies of the application for financing are available for public inspection and copying at the office of the Authority set forth below. All interested persons are invited to submit written comments or attend the hearing, either personally or through their representative, and will be given an opportunity to express their views concerning the project or the financing. Anyone desiring to make written comments in advance of the hearing may send such comments to: Collier County Industrial Development Authority c/o Economic Development Council 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 SHOULD ANY PERSON DECIDE TO APPEAL ANY DECISION MADE BY THE AUTHORITY WITH RESPECT TO ANY MA TIER CONSIDERED AT SUCH HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT PURPOSE, SUCH PERSON MA Y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE 1', 6" if , f\ ie; UPON WHICH THE APPEAL IS TO BE BASED. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this hearing should contact Donald A. Pickworth, General Counsel, at (941) 263-8060 no later than seven (7) days prior to the hearing. This notice is given pursuant to Section I 47(f) ofthe Internal Revenue Code, as amended. Collier County Industrial Development Authority Is/Donald A. Pickworth Assistant Secretary and General Counsel o NAPLES DAn.. Y NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the lUldersigned they serve as the authority, personally appeared B, Lamb. who on oath says that they serve as the Assistant Corpomte Secretary of the Naples Daily, a daily newspaper published at Naples, in O:lIlier 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 I time(s) in the issue on March 29th, 2005 Affiant.further says that the .aid Naplea Daily News is a newspaper published II Napl... in said CoUier County, Florida. and thallhe said newspaper has heretofore been <:ontinuously f'lblished in said.Collier County, Florida; dimibuted in Collier and Lee counties of Florida, each day and has been cutered 1UI second class mail matter al the post office in Napl.., in said Collier County. Florida, for a period of 1 year next preceding the first publication of the altaclted copy of advertisement; and affiam further lay. Utat he bas neither paid nor promised any person. firm or corporation any discount, rebate, commis.sion or refund foc the purpose of. eouring this advertisement for publi<>ation in the said new.paper. /], -f ( Signature of affiant) Sworn to and subscribed before me This 14th, April 2005 "'M.~~"" Harriett Buslmng f:~I~*\ MYCOMMISSlOIU OD2546&'1 EXPIRES ~. ~i JII~ 2-4. 2007. . ":(jf.....~. IlOHDE'l1f~lI TOOYFAIN IN!'''~'NCE.1tlC ".Rrll~~ '6K2 ,~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING S~I~" "i TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO. .,., , THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN . Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Ofllce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infoTlllation needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines #1 through #4. complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached ~ Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. / / / / I: Forms/ County FOTllls/ BCC FOTllls/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 2. 3. 4. 5. 6. 16K3 MEMORANDUM Date: April 28, 2005 To: Marjorie Student, Assistant County Attorney Office of the County Attorney From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Agreement regarding Plantation Island Subdivisions Enclosed please find two (2) original documents as referenced above, (Agenda Item #16K3), as approved by the Board of County Commissioners on April 26, 2005. Please forward one original to the appropriate party for their records. An original document is also on file in the Minuets and Records Department. If you should have any questions, please call me at 774-8411. Thank you. Enclosure Ltf 16K) ~380.032(3) AGREEMENT REGARDING PLANTATION ISLAND SUBDIVISIONS WITHIN THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN THIS AGREEMENT is entered into between Collier County and the Department of Community Affairs ("DCA"), an agency ofthe state of Florida. WHEREAS, DCA is the state land planning agency having the power and duty to exercise general supervision of the administration and enforcement of Chapter 380, FLA. STAT., the Florida Environmental Land and Water Management Act of 1973, which includes provisions relating to Areas of Critical State Concern; and WHEREAS, Collier County is a political subdivision of the State of Florida, and a portion of Collier County is within the Big Cypress Area of Critical State Concern, as designated by 9380.055, FLA. STAT., and FLA. ADMIN. R. 28-25.011; and WHEREAS, it has come to the attention of DCA and Collier County that certain small parcels of land under private ownership within the Big Cypress Area of Critical State Concern are difficult or impossible to develop under a strict application ofthe Big Cypress Regulations in FLA. ADMIN. R. CH. 28-25; and WHEREAS, the purposes ofthe Florida Environmental Land and Water Management Act of 1973 and the Big Cypress Area of Critical State Concern include protection of natural resources and the environment, and the preservation of private property rights in accordance with the constitutions of Florida and the United States (9380.021 and 9380.055(1), FLA. STAT., and FLA. ADMIN. R. 28-25.002); and WHEREAS, the Florida Environmental Land and Water Management Act of 1973 does not authorize any governmental agency to adopt a rule or regulation that is unduly restrictive or constitutes a taking without the payment of full compensation (9380.08(1), FLA. STAT.); and WHEREAS, the Big Cypress Regulations contemplate the use of local variance procedures within the Big Cypress Area of Critical State Concern (FLA. ADMIN. R. 28-25.011), but the appropriate application of variance procedures to the small parcels described above is unclear and uncertain; and WHEREAS, DCA is authorized by Section 380.032(3), FLA. STAT., to enter into agreements with any landowner, developer or governmental agency as may be necessary to effectuate the provisions and purposes of Chapter 380, FLA. STAT., or any rule promulgated thereunder; and WHEREAS, DCA and Collier County desire to clarify and establish the proper application of variance procedures in the Big Cypress Area of Critical State Concern. t;IIi;It--I~:::ra t>CIZl:""4tD ....a --iI bid rt" .... ::a :::r (X) :::c. ~ .. _ C> c::>_~ "'" _ C> ...... ., ~ .... :x: "'" "'" C> =-- _ ::a ~= :x: - .,.... C> C> ::a ::a c::> .... <..n ., __ C> c::> ::a ......= -- .... "-'= ~ ......_ t..A.> <..n:::r~ "" ..... c=:> .....g 00 ::; 0 OC> .. _ c=:> ~ ~ \...D =-- ., :z >: c::> :i;""" ~ c; ~ .... :x: ., ~ ~ c....> ~~--3 "'" 0 00 ~...... 00 ., ., ?' g '"'1::J ., :::: c;:::a t:-' t::Id .. .... ::a :=0 "'" ., c....> g--3 ~oo .:<' 00 - .,.... "'" .... ., - "'" "" - - c::> c::> OR: 378i PtR7~ NOW, THEREFORE, DCA and Collier County agree as follows: 1. Representations. The representations set forth above are incorporated herein and are essential elements hereof. 2. Area Affected. This Agreement shall apply to parcels within the Plantation Island Unit One, Plantation Island Unit Two, and Plantation Island Unit Three Subdivisions (unrecorded) located in Section 24, Township 53 South, Range 29 East, in Collier County, Florida, as more specifically described on Exhibit "A" and shown on Exhibit "B" attached hereto. 3. Minimum Development. A development order which authorizes the following development on a group of adjacent lots under common ownership, including on a single lot if only one is owned, within the area described in paragraph 2 shall be an appropriate variance under FLA. ADMIN. R. 28-25.001: Site alteration, including dredging and filling, of up to 2,500 square feet, regardless of the pre-development vegetation. 4. Entirety of Agreement. This Agreement contains the entire and exclusive under- standing and agreement among the parties and may not be modified in any manner except by an instrument in writing and signed by the parties. 5. Duplicate Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 6. Enforcement. In the event of a breach of this Agreement or failure to comply with any condition of it or if it has been based upon materially inaccurate information, DCA may enforce this Agreement as provided in Sections 380.07 and 380.11, FLA. STAT. 7. Scope of Authority. This Agreement affects the rights and obligations of the parties under Chapter 380, FLA. STAT. It is not intended to influence or determine the authority or decisions of any other state or local government or agency in issuance of any other permits or approvals that might be required by state law or local ordinance for any development authorized by this Agreement. 8. Date of Execution. The date of execution of this Agreement shall be the date that the last party signs and acknowledges this Agreement. 2 OR: 3788.. PG:37~,. i6K, I IN WITNESS THEREOF, the parties by and through their respective undersigned duly authorized representatives have executed this Agreement on the dates and year below written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ FRED W. COYLE, CHAIRM ATTEST: DWIGHT E. BROCK, CLERK 'f' J~ '/'0"1 ,>-',J.~' Jo,:', :;'/'~"~ll;(} . . r~~;::>>'~""',""'", ~': By: ~<yvl.tfj ~1t~..~(!. OOepu~y~perk-:,,~i ~'<] -.. :~:_ Atust IS \t01 '-Cb. ....'] . '. ,'~. .'~c.,.~,'. , ~ .:r,... . 0-' s t 9"lItwrtottf.l',.\......... "~~o~Y Approved as 'to,~FIl\lLfID~'fe~al sufficiency: OY\~YOl' ~ Assistant ounty Attorney Item # 110 k '3, Agenda J I Z Date ~..l:5 Dat~ L(. 27-D5 Reed ---- DEPARTMENT OF COMMUNITY ,AFFAIRS () ~ /- d ( ,.' / BY: !teLL U ' -~/(\:tl')A){L '\ r,' v alerie'H~bbard, Director Divisio~ jf Community Planning Appr()ved as to form and legal sufficiency: J \)" ((;, Attorney, Itep . of Community Affairs '~._- STATE OF FLORIDA COUNTY OF LEON The fO~ing instrulf?t w~s acknowledged before me this day of YI I , 2005, by Valerie Hubbard of the Department of Community Affairs, an agency of the State of Florida, who is personally known to me or has produced - as identification and L \..- 3 4-07-20059:17AM FROM COLLIER_COUNTY_ATTY 2396595720 P.3 Q:\O 320~-OO\2002J20;3-05,dwq ([)ESe) n.lH Apr 0.... 200~ - J;55prri .8 '"0 ~ ~ ~~ ~~ I'TI Z C') 1-1 Z m rn :;:::c~ ~B ~~~~~ X Z'O 0 ~.......t'l'Irn ~ ~..--..- ~ t-.)~~~:)> .......<.0' 2.. \<I'.,..-~d rt..l"",6~ rn""I,...J:)>"" . I.,.. 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N0014'lS"W lh llO ...., t,.l N r-> ~ t'l c::> :::t::' \Cl (3 <0 ~ C-A> -..1 CO CO "'"CJ Cl c.....J --.J \..CI ['-:l >II >II >II COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 178 > To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv., location, etc.) Other: ******************************************************************~**;;K******************************* .... .. ~tl '. 3 ~ ~5' Ongmatmg Deptl Dlv: Comm.Dev ,Serv .lPlannmgPerson: MIchael J. DeRuntz 1/ Date: Y z:.7 0 ~ Petition No. (If none, give brief description): CU2004-AR-6090, Master Pump Station on CR846 Petitioner: (Name & Address): Agnoli, Barber, & Brundage, Inc" Brian Nelson, ASLA, 7400 N Tamiami Trail Suite 200, Naples, FI. 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Collier County Public Utilities, 3301 Tamiami Trail E., Naples, Fl. 34112 Hearing before BCC BZA Other Requested Hearing date: Aoril26. 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size:Petition: CU-2004-AR-6090. Collier County Public Utilities Engineering Department represented by Brian Nelson, ASLA, of Agnoli, Barber and Brundage, Inc., requesting a conditional use pursuant to Section 2.01.13. G.l of the Land Development Code for "Essential Services", more particularly identified as a master pump station in the "E" Estates Zoning district. The property is located south of Immokalee Road, less than ~ mile west of Wilson Boulevard on Tract 84, Unit 20, Golden Gate Estates, in Section 28, Township 48 South, Range 27 East, consisting of 1.65 acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Approved by: 3 (l3/05 Date I County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ".3. ~Cl-05 Date of Public hearing: t/.Zl, '05 Date Advertised:1-/D '05 RESOLUTION NO. 05- A RESOLUTION OF TIlE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "C" FOR A MASTER PUMP STATION ESSENTIAL SERVICE IN TIIE "E" ESTATES ZONING DISTRICT PURSUANT TO SUBSECTION 2.10.13.0.1 OF TIm COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, TO BE LOCATED ON PROPERTY SOUTH OF IM,MOKALEE ROAD LESS THAN ~ MILE WEST OF WILSON BOULEVARD IN SECTION 28, TOWNSHIP 48 SOUTII, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida. wul Chapter 125, Florida Statutes, has conferred on Collier County the power to es1a.blish, coord.inate a.nd enforce zoning and such business regulations as are necessary for the protection of tile public; and WHEREAS, the County PUl'SWU1t thereto has adopted a Land Development Code (Ordinance No. 2004-41), as amended, which includes a Comprehensive Zoning Ordinance . establishing regulations for the zoning of particular geographic divi~ions of the County, among which is the granting of ConditionaJ Uses; wul WHEREAS, the Board of Zoning Appeals (Board). being the duly appointed and constituted planning board for the area. hereby affected, has held a p\lhlic hearing after notice as in said .regulations made and provided, and has considered the advis\lhility of a Conditional Use "C' of Subsection 2.01.03.0.1 of.the Collier County Land Devel(Jpment Code, or successor provision, for .8. master pump station eS8en~al service in an "E" Est&1es Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of filet (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regul.aticma and in accordance with Subsection 10.08.00 of the Land Development Code, or successor provision, and WHEREAS, all intereSted parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board baving coasidered all matters prCSe11ted. NOW, THEREFORE, BE IT RE~OL VED BY THE BOARD OF ZONlNG APPEALS OF COLLIER COUNTY, FLORIDA that: . The petition filed by Brian Nelson, ASLA, of Agnoli, Barber and Brundage, Inc. representing the Collier County Public Utilities Engineering Department with respect to the property hereinafter described as: I. 178 ..~ . . ;.~ . '~; .1.. Exhibit "B" attached hereto ILQd incorporated by reference herein be and the same is hereby approved for 8. Conditional Use "C" of Subsection 2.01.03.0.1. of the CoIlier Cmmty Land Development Code, or successor provision, for a master pump station Cllscntial service in the "E" Estates Zoning District in accordance with the Conceptual Master Plan (Exhibit "C"),' and subject to the following conditions: , Exhibit "D" wbicl1 is attached hereto and incorporated by refetoence 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: FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: ~L,..7h. ~. Marjor M. Student Assistant County Attorney CU-2004-AA~(l\llVMJD.'ap Page 2 of2 178 ,-1 ,:, ~ i .... """"'~.."."....,., . . .".,....,:~.............'.'...............i.................... ........... . ~:-."':'~~:i:;:,.:,:) :':"-";"',' 17 ..... ".. \, FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR . A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1.. Subsection 2.01.03.G.l 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 cat:a.st.iophe: 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.Co1J1patibility with' adjacent properties and other property in the district: Compatible use withfu district Yes No Based on tIre above findings, this conditional use should, with stipulations, (copy attached) , (should riot) be recommended for approval DATE: . CHA.m.MAN: EXHIBIT "A" 17 B~-~-/ Metes & Bounds Description I / f I . . TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECOlU)ElHNPLAT BOOK 7, .p AGE 80, OF THE PUBUC RECOlU)S OF COLLIER COUNTY, FLOlUl)A. LESS nrn SOV1'HERL Y 594.44 FEET AND LESS THE NORTHERLY 79.43 FEIn" FORRIG.lfr -oF- WAY As DESCRIBED IN OFfICIAL RECOlU)S BOOK 3159,PAGE 184 OF TIm PUBUC RECOlU)S OF COLLIER COUNTy, FLORIDA. AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. . . CONTAINING 1.65 ACRES OF LAND MORE OR LESS. LESS TIm SOUTHERLY SIX INCHES (6") OF TIm ABOVEREF'ERENCED PROPERTY. EXHIBIT R ~ . , ; I 00 ~ ~.m tD iiJ-c )>OF m omg ^ z Ci) i - - ----r-.. -;;;E~;F;Rl. - -. - -,-- - - - --l .. I I - - - - - - - - - - - - - "l , : I 71-- , I : : I: i iw : I I I I: I I I I I: I I . I . I . :' I I \ I~i\ id~ACCa'~>1 I ~ I Q~ . '0 ~ . I -" I . I m I~I ~~ iil .100I I I~: ~~. , \~, i \ IgJ, I~I ~ I I I m OElq I I C.I . m I . ~~ x I ~ m I 1m U1 ~~,<~\I.~I ~ I ;-+ ~ ;0 III .. ~ I ~ \ I ~ ~ I ~~~; \ g]31:.--M1 I ~ .1\ i2~ I ^ ~z I ~iiJofi ~ I Ci) I ! ~~Q I . I I I mz I "z I I . . I . ~> I Ci) I I I i ~~ \~ . I , \ I '.~.I . .. . I ..: .: \. .' 'I --~-~--~:a~~;:F:~J" ~_~-=-~~l_____j (.I. moo q , !!ImlIl iiJ-C )>0;= omg ^ .z Ci) I! !t II !t ; I ~ ~ ~ ~e ~b ~ ~~ ~ ~I '~I II~ ,~W Ilill; lil~llll; Ii Ii ~ II!I Iii If I,' 11,111 alil411 .11 B! ~i ; !I it It I 11111. III!II II I a=i! I II~ ; e Ii ;;i!1 . ~. I ! ~ I J 11;:,1 ~ I ! ~ 10 liil :!~ II. .Ii n I i II q I R I i; ~ . Dg Ii R h ili fi I I II I _I _I I ! IIII i i ,. Ii: ~ -, "'~' 3: ~ o ~ m m ~ ~ ~'=';gc'"3 ~~~; ~ ~ ~. i'" :=lA.~> d~...," ZA.=~ >-3 == N A.8 if = ~ \C 172 '" Conditions for Approval of Conditional Use CU-2004-AR-6090 (March 17, 2005) 1. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application or major changes to the site plan submitted as part of this application, shall require the submittal of a new Conditional Use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 10.02.03, Site Development Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41). 2. Pursuant to Section 2.03.07.E of the Land Development Code, if, during the course of site clearing, excavation, or other construction activity, a historical or archaeological artifact is found, all development within the minimwn area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 3. The Conditional Use approval to allow a Master Pump Station is limited to the site plan identified as "Pump Station On CR846 East Of 951" prepared by Agnoli, Barber& Brundage, Inc., stamped "Received 9/14/04", and within the limitations of condition #1 listed above. 4. The following Environmental requirements shall be provided at the time of the Site Development Plan (SDP) submittal: . SFWMD jurisdictional determinations shall be required upon (Site Development Plans) SDP application. . All principal structures shall have a minimum setback of 25-feet from the boundary of any preserve and shall be indicated on the SD P. . The required preserve area shall be provided (LDC Section 3.05.07). . A minimum width of20-feet shall be provided for the preserve area. Exhibit "Dn Dwight E. Brock Clerk of Courts Coupt~JJf.eollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST . P.O.BOX413044 NAPLES, FLORIDA ~4101-3~ 178 Clerk of Courts Accountant Auditor Custodian of County Funds March 29,2005 Brian Nelson, ASLA Agnoli, Barber, & Brundage, Inc. 7400 N. Tamiami Trail Suite 200 Naples, Florida 34108 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-6090: Master Pump Station on CR846 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 10, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a~.tx Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us 118 .", -<t: .,.. "'.~'f March 29, 2005 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2004-AR-6090, Master Pump Station on CR846 Dear Pam: Please advertise the above referenced notice on Sunday, April 10, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O.lAccount # 113-138312-649110 NOTICE OF PUBLIC HEARING 178 ""J< Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 26, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2004-AR-6090, Collier County Public Utilities Engineering Department represented by Brian Nelson, ASLA, of Agnoli, Barber and Brundage, Inc., requesting a conditional use pursuant to Section 2.01.13.G.1 of the Land Development Code for "Essential Services", more particularly identified as a master pump station in the "E" Estates Zoning district. The property is located south of Immokalee Road, less that 1/2 mile west of Wilson Boulevard on Tract 84, Unit 20, Golden Gate Estates, in Section 28, Township 48 South, Range 27 East, consisting of 1.65 acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Linda A. Houtzer, Deputy Clerk (SEAL) L~A. Hout"lf€'V from: Sent: 70: Suiject. (;ood)~fternoon, Linda A. :JIOutzer Titesda~ ..Marcil 2g~ 2005 .1.'56 P..M LegalS (I-maiO CV-2004-AR-60go ..Master Puny:; Station oYel1se aJr,utisc ttie I1ttadieJ notice Oil Sundtl)!, Apn[ 10, 2005, ~ ~ ::; U-2004-AR -6090 .CU-2004-AR-6090.c oc oc {f you hm'c any questions, preasc cafr 77484.1 1. 'lfiantyoll, Lillda DI1/nlltcs anJ l\fcorc[s 1 178 /.~ /; 178 i :~; LUuUvA. Tf.out"~ from: Sent: 70: Suiject: cterkPostmaster :TUesda~ .:Marcil 29~ 2005 J:56 P.:M Linda..Jl. ..7IOutzer :Delivery Status :NOt!fication (:Retay) I.~'n B D ATT951850.txt CU-2004-AR-6090 Master Pump St... ...... . . . TIllS IS an U1.1l01'l1dJicd{fy HCl1cralcd De{ivery 5'1 alusNotificalion. ljour II1CS\l..llJe has l1ecl1 successf~d(y ref~1\jedto tJie(IJll(rwlng recipients, [Jul tFw Ycqlleste,,{d;~av('r\.1 stailLS notiflcallOns nwy not 6e {7('nerat.edby tfie d('stinal ion. [('fiLl L~((Dl1 ,,?pf()sn elVS. com 1 L iAttdcv A. tl 0tA:tlf€'V 178 ".. .~., .'~"'~ .., . from: Sent- 70: Suo/ect. System Yldministrator (postmaster@nqptesne'Ws.com] TUesda}h Marcli 2g~ 2005.!.J1 :PM .Linda Yl. :JIOutzer :Deliyered: CU-2004-Yl:R-60go Master :Puny; Station ":--:;1 L:..J CU-2004-AR-6090 Master Pump St... <<C''!l-2004<A'R-6oCJO :l\last<>r l'wnp Sla!lo/1 >> ~Jmlr messo[1e 'To: LeqaJ.;' ('E-mat [) <~ SI.lbjecl: CU-2oo",-.A'R.-6(1)O :.f\.lasler Twnp StatiO/1 Ser!f: 'hw, 29 :Mar :.zOOS 1):56:13 -Osoo was d(diveredlo the f(}fl(Jll'lnq reci.plenl(s): _ c. (ef/aL;' 0/1 Tile, 29~^tar 200'=; 13:'=;0:59 .osoo 1 CU-2004-AR-6090 Master Pump Station Linda A. Houtzer From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, March 29, 20052:01 PM To: Linda A. Houtzer Subject: RE: CU-2004-AR-6090 Master Pump Station OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Tuesday, March 29, 2005 1:56 PM To: Legals (E-mail) Subject: CU-2004-AR-6090 Master Pump Station 9'ooa)1ftemoon, prcase aJr)ertl~'C I fie aUaefic,{ notlee on SunJay, /lpn[10, 2005. <<GU-2004-AR-6090. doc>> <<GU-2004-AR-6090. doc>> ~f)lolllia(Jc any questions, preasc ca[[774-8411. 'Tha n (yo II. Linda >lIinlltes an,{1\fcorJ,\' 3/29/2005 Page 1 of 1 178 "'~.4" '." ~.' ',.". . '.1 ~..:.,..~ ..)o~ Naples Daily News Naples, FL 34102 178 . .1 Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ REFERENCE: 001230 59020367 113138312649110 CU-2004-AR-6090NOTIC ,eooo NG Notice is' hert.' by' given that the Board. of County Commlssione.rs of Col.' lIer County will hold a1 l1ubllc hearing on Tues., i1ay, April 26, 200S~ In the Boardroom, ~rd' Floor, Administration Building, Collier County Government Center. 3301 East Tamlaml Trail, Naples, Florida. The meeting wlll begin at 9:00 A.M. The Board will consider Pe.tltlon. CU.2004'AR. =~t~lc CUJlll,re;oEUn"gtr- netrlng- Department ~~~e::~. :rA~r. hrbiir and .rundage, Inc., requesting a coriCfl- tional . use .pursllant to Section 2.01.l8.G.l of the BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. AD SPACE: 114.000 INCH FILED ON: 04/11/05 --------------------------------------------------+--------------------- Signature of Affiant /4. ---r .A.--t Sworn to and subscribe~ before me this / / -- day of (-L:f.A.-Ll) Personall y known by me fl LP, ~ , ,,:11 I1-LVJ.jJ? 2 Q:2S v - ,00 enGat8Ei~f ~=~~.. T ~~.. NOTE:' . All Plll"JOils. wish- ing to.p.e~on afly agenda Item must reglS. ter wltfl the County. Ad- mlnlstratpr Prior to pre- sentatlon Of the ..aoeoaa Item to be addressed Individual speake~ wlli be limited to 5 mJnutes on any Item. The &elec. tlon of an Individual to speak on behalf of an organIzation or group Is encouraged. If recog. nlzed by the Chair, a SPOkesperson for a group or organization' may be allotted 10 min- utes to speak 0" an Item. Persons wiShing to have written or Qrl;Dhlc materials 'ncludedln the Board _ndePlCl<- ets mus,t submIt saId material a minimum of 3 weeks prior to the re- spectIve public hearing. In any case, written ma. I terials Intended to be consJdered-.bll-tAe aoa.& I shalf be submItted to the ~pr9P.rlate County staff a mlrilmum Of &ey. e~bl'lc'ws .Brlor to the p I h.....!llJ. All ma- ter al used In pr.enta. tlons b.for. the Board will l:Iecome a perma.! nent part of the record. .. I Any person who decld'j es to appeal a decl5/on of the Board will need. a record of the proceed. fn"ds pertain In" thereto. an therefore, m.y need to ensure that a verbatIm record of ttle proceedings Is made which record InclUde; the testimony and. e,t. . dence upon which the appeal Is baSed. BOARD OF COIINTY COMMISISONUS... . '< COLLIERCDOtlNTY FLORIDA' FRED W. COYLE, CHAIR. MAN gJ'tM'HT E. 8ROC~, By: //Unda A. Houtze.r . Deputy Clerk . ,. (SEAL) Ap~10 N~I~ PUBLISHED ON: 04/10 .!\! "',;. >iarf/8ti ',,' ClJiVIMISSiON it ,"l"" ..; . , . .,.of, '-.1'10.)1 JU,iy 24. 200' R-eso 2005- I' ( ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Print on pink paperT}!a~1 ~~~~c~~t~?g~~d~c::n;t~~~~~~~~~~e~~ t~~!~~~c~~~o~~~;;:1~~ Origi:: ". documents are to be forwarded to the Board Office only after the Board has taken action on the item.) 'fP are:JI . ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu h #4, com lete the checklist, and forward tD Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) (The primary contact is the hDlder of the Driginal document pending BCC approval. Normally the primary cDntact is the person whD created/prepared the executive summary. Primary cDntact information is needed in the event one ofthc addressees above, including Sue Filson, need tD cDntact statTfor additional or missing information. All original dDcuments needing the Bee Chaim1an's signature are to be delivercd tD the BeC otlice only atler the Bee has acted tD approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 1. Board of County Commissioners j{J t2jJ i';;; A7 d-rn / 17 2. / 3. 4. / 5. 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION ))r; ; t!- ~A It / Agenda Item Number Phone Number -+ . ./ F// ." ~47 \'~ CQ iLl-H Of', Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is ap ro riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully cxecuted by all parties exccpt the BCC Chairman and Clerk to the Board and ossibly Statc Officials.) All handwritten strike-through and rcvisions havc been initialed by the County Attorncy's Office and all other arties cxce t the BCC Chairman and the Clerk to the Board The Chairman's signature linc date has bcen cntcred as thc datc ofBCC approval of the document or the final ne otiated contract datc whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating wherc thc Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in thc BCC office within 24 hours of Bce approval. Some documcnts are time sensitive and rcquire forwarding to Tallahassce within a certain time frame or the BCC's actions are nullified. Bc aware of our deadlincs! The docu ment was approved by the BCC on /? /:P,b / ti~ter date) and all changes made during the meeting have been incorporateA in {he attached document. The Count Attorne 's Office has reviewed the chan Jes, if a Iicable. 2. 3. 4. 5. 6. >s Yes (Initial) N/A (Not A licable) iJh /=- it/; 'I I: FDnnsl CDunty Fomlsl Bee Formsl Original Docllments Routing Slip WWS Onginal 9.03.04, Kcviscd l26.05, Revised 2.24.05 MEMORANDUM Date April 28, 2005 To: Mike DeRuntz, Planner Zoning and Land Development From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2005-171 178 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item # 1 7B), approved by the Board of County Commissioners on Tuesday, April 26, 2005. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure 178 RESOLUTION NO. 05-1 71 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "C" FOR A MASTER PUMP STATION ESSENTIAL SERVICE IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SUBSECTION 2.10.13.G.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, TO BE LOCA TED ON PROPERTY SOUTH OF IMMOKALEE ROAD LESS THAN Y:z MILE WEST OF WILSON BOULEVARD IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 27 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), as amended, which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the 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 Conditional Use "C" of Subsection 2.01.03.G.1 of the Collier County Land Development Code, or successor provision, for a master pump station essential service in an "E" Estates 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 10.08.00 of the Land Development Code, or successor provision, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Brian Nelson, AS LA, of Agnoli, Barber and Brundage, Inc. representing the Collier County Public Utilities Engineering Department with respect to the property hereinafter described as: 178 ,:'!iifI ~ ;1; .-:'~' ";_ '.,1'-', Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use "C" of Subsection 2.01.03.G.1. of the Collier County Land Development Code, or successor provision, for a master pump station essential service in the "E" Estates Zoning District in accordance with the Conceptual Master Plan (Exhibit "C"), and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution ado~ after motion, seco_nd and super-majority vote. Done this 02 t - day of 1lf7 r I / ,2005. I BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ~W. ~ FRED W. COYLE, CHAIR :AN ATTESt. ;;) . r,:~ '~f.o.. . ,""\........... o.t' . DWIGlfr E. BROCI<.,'~~ERK . \' " " (;:'-.;:. " :~. c,~ . . -~~ ',..:;-} '. =::. :'" :.. " .'j~::' i;': j;t'.~+la,~~, bG A~~.ChI~..s .t~d.~?6k and Legal Sufficiency: ~01l.~ MarJor M. Student Assistant County Attorney CU-2004-AR -6090IMJD/sp Page 2 of2 Item # ['1 (-) L{.Zb "{j; Agenda Date Date J.l-2..1-0!5 Rec'd 178 ~..' ~~~; ". J'.... ... ;~.r FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.1 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: YesL 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: -L 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 fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval---APPilWf::1) DATE: 4/'7(05 CHAIRMAN: PJ ;/ &JJ EXHIBIT "A" ?B 11 Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use "C" of Subsection 2.0t.03.G.!. of the Collier County Land Development Code, or successor provision, for a master pump station essential service in the "E" Estates Zoning District in accordance with the Conceptual Master Plan (Exhibit "C"), and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTI-IER 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: FRED G. COYLE, CHAIRMAN A ITEST: DWIGHT E. BROCK., CLERK Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CU-2004-AR-6090IMJD/sp Page 2 of2 178 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL.USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.1 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: / YesL 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 V 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 tipulations, (copy attached) (should not) be recommended for approval DATE: 1/7 !t] I MEMBER: \9lj)L~ :)CHttS'tk. EXHIBIT "A" \ ~L ~ 178 . . ~:~ ~:r! . .~'" .... "'~ .... Metes & Bounds Description TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDEDlNPLAT BOOK 7, PAGE 80, OF TIIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS TIffi SOUTIffiRL Y 594.44 FEET AND LESS THE NORTHERLY 79.43 FEET FORRIGHT-OF- WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. CONTAINING 1.65 ACRES OF LAND MORE OR LESS. LESS THE SOUTHERLY SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY. EXHIBIT B 178 .:4.....:".. ~ .'J.W FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.l of the Land Development Code authorized the conditional use. 2. Granting the conditional use wiII not adversely affect the public interest and wiIl 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 V" No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: - No affect or v" Affect mitigated by ~ \4 ~ S. + ~\..lau <'L _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No V" Based on the above findings, this conditional uSe(@o-0ill with stipulations, (copy attached) (should not) be recommended for approval DATE: l.{ - 1- 0 r:) MEMBER:fv')wl P ~ EXHIBIT "A" .'.7B -:1....., .- . ~ . "-.; Metes & Bounds Description TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDEDIN PLAT BOOK 7, PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE SOUTHERLY 594.44 FEET AND LESS THE NORTHERLY 79.43 FEET FORRIGHT-OF- WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. CONT AINlNG 1.65 ACRES OF LAND MORE OR LESS. LESS THE SOUTHERLY SIX INCHES (6") OF mE ABOVE REFERENCED PROPERTY. EXHIBIT B 178 tll FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.l 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: YesL 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 YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or . _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: CompCl-tible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 4 / 1/6 ~- ,1 /" ^~ MEMBER: - r-..../_~ ~ EXHIBIT "A" 1 7 ff1 ...... u !.~~ t" , . ,.J Metes & Bounds Description TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDED IN PLAT BOOK 7, PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS TIlE SOUTHERLY 594.44 FEET AND LESS THE NORTHERLY 79.43 FEET FORRIGIIT-OF- WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. CONTAINING 1.65 ACRES OF LAND MORE OR LESS. LESS THE SOUfHERL Y SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY. EXHIBIT B 178 ., :Hiil.. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.1 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 D70pment 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: ~o 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: MEMBER:~.& 1 (.,./(,:: A /~- , . EXHIBIT "A" ~. .""7 n'. II, ' ,.. 0 ~...:~ Metes & Bounds Description TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDED IN PLAT BOOK 7, PAGE 80, OF THE PUBLIC RECORDS OF COLLlER COUNTY, FLORIDA, LESS 1RE SOUTHERLY 594.44 FEET AND LESS TIffi NORTIIERL Y 79.43 FEET FORRIGHT-OF- WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. CONTAlNING 1.65 ACRES OF LAND MORE OR LESS. LESS TIIE SOUTHERLY SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY. EXHIBIT B 178 'j I. ..d~ /'I.., FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.1 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 ~I 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 L,/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 1/ '7 / O~ 7 "-rJ /) CHAIRMAN: Mtvnll,-, ~.rl'( ( ll/UL-1L.J EXHIBIT "A" 178 Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use "C" of Subsection 2.01.03.G.1. of the Collier County Land Development Code, or successor provision, for a master pump station essential service in the "E" Estates Zoning District in accordance with the Conceptual Master Plan (Exhibit "C"), and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTIffiR RESOL YED 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: FRED G. COYLE, CHAIRMAN A ITEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Mmjorie M. Student Assistant County Attorney CU-2004-AR -60901MJD/sp Page 2 of2 1 7 8 ,.~ ~~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.1 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: ~o 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 V' No Based on the above findings, this conditional use($Quld:.-lvith stipulations, (copy attached) (should not) be recommended for approval DATE: 4.11 o~ MEMBER: J< 1-(~ EXHIBIT "A" \:. ,. 178 .~"l dl.. . ~ ,0 ... Metes & Bounds Description TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDED IN PLAT BOOK 7, PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS tHE SOUTHERLY 594.44 FEET AND LESS TIlE NORTHERLY 79.43 FEET FORRIGHT-OF- WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF TIIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. CONTAINING 1.65 ACRES OF LAND MORE OR LESS. LESS THE SOUTHERLY SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY. EXHIBIT B 178 ..\,., .j FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.1 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 I 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 '",," )- f' J IA I f I~Ac..L -.:.., !l~ !U4U (" (0 '- 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)?e recommended for approval f i DATE: J 1& OJ. MEMBER: -.! { '1 (,,1..-' i ~j.. ' \V " I' \. '.t' f : .,- . . EXHIBIT "A" -: ~ if~ i .(.. ~)' .,.:.at. U '~1 Metes & Bounds Description TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDED IN PLAT BOOK 7, PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS TIIE SOUTHERLY 594.44 FEET AND LESS TIIE NORTIffiRL Y 79.43 FEET FORRIGHT-OF_ WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. CONTAINING 1.65 ACRES OF LAND MORE OR LESS. LESS THE SOUTHERLY SIX INCHES (6") OF TIffi ABOVE REFERENCED PROPERTY. EXHIBIT B 178 .-1 1 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.1 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: / ~o 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 fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: tf ---- 7 -- cJJ'- 'e~: me (l'\ber cZ1 EXHIBIT "A" 1 :mo:, r. (': Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use "C" of Subsection 2.01.03.G.1. of the Collier County Land Development Code, or successor provision, for a master pump station essential service in the "E" Estates Zoning District in accordance with the Conceptual Master Plan (Exhibit "C"), and subject to the following conditions: Exhibit "D"which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. TIris Resolution adopted after motion, second and super-majority vote. Done this day of .2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED G. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: MlUjorie M. Student Assistant County Attorney eu -2004-AR -6090IMJD/sp Page 2 of2 178 ,'t;--- Metes & Bounds Description TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDED IN PLAT BOOK 7, PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE SOUTHERLY 594.44 FEET AND LESS THE NORTHERLY 79.43 FEET FOR RlGHT-OF- WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. CONTAINING 1.65 ACRES OF LAND MORE OR LESS. LESS THE SOUTHERLY SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY. EXHIBIT B e ill 178 g 8 ... i ~I ~ !il~ ~ Q:l: til ~~ ~ -Q ~ ! to) en q ~!a~ )>0;= ",mg ^ z (j') i - - ----r - - -;~;E'7;;F;Rl- - ~ -~ -. - - - --l I ,-------- --- l I : I rP4-- , I : : I: i ity :, 1 . i : Z \ . I . I I I . I I: ii' I : : \ : ~~. ~\. ~: I ~ , i g ~ ACCESS DRIVE ~ I ~ : Z~ Q I . ." QZ "~.... I m . m I ~~ m \ U!. I Ii: ~~~ :~, i I .!:Hi : I:;. ~ I I. I g~~~\ I~.,.m I ..... <r-0G'l1 m k 'en 01 ~~~:r\ 1::a i3 , I !:!1::aCD 3 I ..... !. ~ 1"0 :-r~~~~ \ ~-n~ \. ::a I ~5 , ' ~ ::a/n~: L- CD ~ ~ --l---I ~ \ I (j') I I )>Zo 'I I rii O-lz I · I : ~~ : ^ G) \ : ,. I 1 ~~ : ~ \, \ I I z~ I I I . .. I I I \ . I - - --L _ ~ = ~ :u;::;;~:F:~-f ~ .--=- ~ ~ 1_ _ _ _ _ j to) en q men CD -l_c CDO- l)mg ^ Z G) m !l I e ill i . ~ 9 I ~ 8 ~ m '~I ~i ~~~.~ ~~ 0 J ~ i i .. ,- ..... ,. Z 0 H en II~iS i~~!~3 ~~ i~ ~ ~ ~ J I i ~ I ::j !~!I ~Iil~' !~ il ~ ~ .. m ~ ~ i ! ~ ~ l; Ii !I~ c I ~.~I !~ I~ . i a ~ i ~ ~ ~ > x ,~~ i jS xc I ~ ! . 1:1 S !I .. 1. ~ lill! ~ ~~~I U ~ ~ :: ; ~dH ii a~ i a ~ ~ a I; S ii ; ; ; ; ili!! ~ i ~ II !i a 'I a a ~.I I ~ ~ III H I "' I ~ : I ~ , I ~ Ihil . . ! I;'J ~iill i i ; ~ ~ ~ ill > ~ ~ ~ ~ ~ ~ ~~c ~ ! . = ~ ~ ~ '!i ~.I ~ I u ~ I ~ t'" p~ ~ Uih q ! ~ ~Ii jii ~o~ j ~ ~ gg ~ ~ ! ~ Ii ~ ~ ~ ~ ~~ M 2 ~ ~ I: '" ..c i! ~ ~ la __ 3: s::: o ~ r m m ::a ~ ::O~ _>::0 ~""'30 ~t":!~ .. t":! O\C("") t":!;:;;.""'3 ::O~:;t: ~=~ Z~Q ""'3 Q N ~ ~ Q Q (Jt \C ~ .7.:' ,p.,; .Jj~ c 0 Conditions for Approval of Conditional Use CU-2004-AR-6090 (March 17,2005) 1. The Director of the Department of Zoning and Land Development Review may approve minor changes in the locationt siting or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application or major changes to the site plan submitted as part of this application, shall require the submittal of a new Conditional Use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 10.02.03, Site Development Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41). 2. Pursuant to Section 2.03.07.E of the Land Development Code, if, during the course of site clearing, excavation, or other construction activity, a historical 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. ) 3. The Conditional Use approval to allow a Master Pump Station is limited to the site plan identified as "Pump Station On CR846 East Of 951" prepared by Agnoli, Barber& Brundage, Inc., stamped "Received 9/14/04", and within the limitations of condition # 1 listed above. 4. The following Environmental requirements shall be provided at the time of the Site Development Plan (SDP) submittal: · SFWMD jurisdictional determinations shall be required upon (Site Development Plans) SDP application. · All principal structures shall have a minimum setback of 25-feet from the boundary of any preserve and shall be indicated on the SDP. · The required preserve area shall be provided (LDC Section 3.05.07). · A minimum width of 20- feet shall be provided for the preserve area. Exhibit "D" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 1 ""f II i l.; To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv., location, etc.) Other: ******************************************************************************************************* Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Robin Meyer Date: V;ojo{ Petition No. (If none, give brief description): PUDZ-2004-AR-6383, Carolina Village PUD Petitioner: (Name & Address): Hoover Planning & Development Inc., William Hoover, AICP, 3785 Airport Rd. N., Suite B-1, Naples, Fl. 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Catalina Plaza, LLC, 3785 Airport Road N., Suite B-1, Naples, Fl. 34105 Hearing before BCC BZA Other Requested Hearing date: April 26. 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2004-AR-6383, William Hoover, AICP of Hoover Planning & Development, Inc as applicant and agent for Catalina Plaza, LLC in requesting a rezone from the "AG" Rural Agricultural zoning district to the "PUD" Planned Unit Development to be known as Carolina Village located on the north side of Vanderbilt Beach Road about 1/4 mile west of Collier Boulevard. Carolina Village PUD will consist of 150,000 square feet of commercial uses and up to 64 residential units. The property is located in Section 34, Township 48 South, Range 26 East in Collier County, Florida and consists of 15.88 acres :to Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: ~ j~l 3 '3/ ;<>epmment H~ Oat Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~. ... J -() 5 Date of Public hearing: tf. lb . 0.5 Date Advertised: .y - 10. 05 - ~' .. 17C :~ I ' .\': ,: . . 'T, k '. ~':_~v; ORDINANCE NO. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURAL "A" TO MIXED USE PLANNED UNIT DEVELOPMENT "MPUD" FOR A DEVELOPMENT TO BE KNOWN AS CAROLINA VILLAGE PUD CONSISTING OF 150,000 SQUARE FEET OF COMMERCIAL USES AND UP TO 64 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF VANERVILT BEACH ROAD ABOUT 1/4 MILE WEST OF COLLIER BOULEVARD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.882: ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, William Hoover of Hoover Planning and Development Inc., representing Catalina Plaza, LLC, petitioned the Board of County Commissioners to change the zoning classification ofthe subject real property in Petition PUDZ-2004-AR-6383. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The Zoning Classification of the subject real property described in Section 1.2 of the PUD Document, attached hereto as Exhibit "A," and incorporated by reference herein, located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "MPUD" Mixed Use Planned Unit Development in accordance with the Carolina Village PUD. The appropriate zoning atlas map or maps as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. lIe .:,~\~ j ~ ~.:~'; :.',\i~ ~ '. .... PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and ~rP.~JJ~ Patrick G. White . Assistant County Attorney 17CJ CAROLINA VILLAGE MIXED USE PUD A MIXED USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CAROLINA VILLAGE MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. PREPARED FOR: WILLIAM L. HOOVER CATALINA PLAZA, LlC 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 PREPARED BY: RICHARD D. YOV ANOVICH GOODLETTE, COLEMAN & JOHNSON, P .A. 4001 N. T AMIAMI TRAil, SUITE 300 NAPLES, FLORIDA 34103 and NORMAN J. TREBILCOCK, P.E., AICP Q. GRADY MINOR & ASSOCIATES, INC. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 DATE FILED AUQust 9. 2004 DATE REVISED March 21. 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" 17C TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III MIXED USE AREA PLAN SECTION IV PRESERVE AREA PLAN SECTION V DEVELOPMENT COMMITMENTS II ,_."...,,,...,,,...,,,.,,,._~",, t _~",""~~,---',"....,....._,.- PAGE J.IlIlf. . .,.,." III 1 3 5 8 14 15 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "0" EXHIBIT "E" TABLE I 17C LIST OF EXHIBITS AND TABLES PUD MASTER PLAN/UTILlTIESIWA TER MANAGEMENT PLAN CROSS SECTIONS FOR PUD MASTER PLAN CAROLINA VILLAGE LEGAL DESCRIPTION LOCATION MAP BOUNDARY SURVEY DEVELOPMENT STANDARDS 111 ,~,~,,____.'~'i__..~'~ "" ~.l''' ;.-J'~" ,~..: ,.~)- 17C ~, 5T A TEMENT OF COMPLIANCE The development of approximately 15.88:t acres of property in Collier County, as a Mixed Use Planned Unit Development to be known as Carolina Village Mixed Use PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and residential facilities of the Carolina Village Mixed Use PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict land use designation as identified on the Future land Use Map and as described in the Vanderbilt Beach/Collier Boulevard Commercial Sub-District of the Urban - Mixed Use District in the Future land Use Element. The Future Land Use Element permits commercial and residential land uses in this area and this Mixed Use PUD complies with both the commercial and residential development standards within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.1.G of the Future land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project is located within the Urban Mixed Use District, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, on the Future Land Use Map. The 64 proposed units over commercial uses and resultant density of 4.03 dwelling units per acre is in compliance with the Future land Use Element of the Growth Management Plan based on the following relationships to required criteria: 17C !~.~ 15.88 Acres for a Mixed-Use Proiect With Residential Uses Over Commercial Uses Within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Maximum Permitted Density 16 dwelling units/acre Maximum permitted units = 15.88 acres x 16 dwelling units/acre = 254 as the maximum number of dwelling units at a maximum density of 15.99 dwelling units/acre. Requested dwelling units = 64. Requested density = 4.03 dwelling units/acre. 8. All final local development orders for this project are subject to Division 6.02, Adequate Public Facilities Requirements, of the Collier County Land Development Code. 2 __...,..""-.- .,e'. SECTION I 17C .~.~.... t . '., . ;';,J PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Carolina Village Mixed Use PUD. 1.2 LEGAL DESCRIPTION The subject property being 15.88:t acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described on Exhibit "C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: The Vanderbilt Beach Road Land Trust, c/o Mark L. Lindner, Trustee, Naples Realty Services, 4980 N. Tamiami Trail, 2nd Floor, Naples, Florida 34103. The subject property is under purchase contract by: William L. Hoover, President of Catalina Land Group, Inc., as the Manager of Catalina Plaza, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road approximately one-quarter mile west of Collier Boulevard (unincorporated Collier County), Florida. 8. The zoning classification of the subject property prior to the date of this approved Mixed Use PUD Document was Rural Agricultural. 1.5 PHYSICAL DESCRIPTION The Project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the Vanderbilt Canal. 3 17C'~" Natural ground elevation varies from 12.3 to 13.2 NGVD; average site elevation is about 12.6 NGVD. The entire site is located within FEMA Flood Zone "XU with no base flood elevation specified. .' The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge south into the Vanderbilt Canal or discharge north into the Black Bear Ridge Subdivision water management system and eventual southerly discharge into the Vanderbilt Canal. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per the Natural Resource Conservation Service Soils Mapping for Collier County dated January 1990, the soil type found within the limits of the property is #2- Holopaw Fine Sand, Limestone Substratum. Site vegetation consists predominantly of improved pasture grasses, except a narrow strip of native vegetation along the north property line which is pine- cypress-cabbage palm forest. 1.6 PROJECT DESCRIPTION The Carolina Village Mixed Use PUD is a project comprised of 15.88 acres designated for commercial and residential land uses and the commercial uses are limited to a maximum of 150,000 square feet of gross leasable area and the residential land uses are limited to a maximum of 64 dwelling units. All residential dwelling units shall be located in mixed-use buildings with commercial uses situated on at least the first floor. Commercial and residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Carolina Village Mixed Use Planned Unit Development Ordinance". 4 --"'_.'."~ SECTION II 17C '..., . " ~. .,.~ PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Carolina Village Mixed Use PUD shall be in accordance with the contents of this document, MPUD - Mixed Use 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 building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carolina Village Mixed Use PUD shall become part of the regulations, which govern the manner in which the MPUD site may be developed. D. Unless modified, waived or excepted by this MPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES Commercial uses are limited to 15.88 acres with a maximum of 150,000 square feet of gross leasable area and residential uses are limited to a maximum of 64 :) 17C dwelling units and must be located on the second and/or third floors of mixed- use buildings with commercial uses on at least the first floor. Carolina Village Mixed Use PUD is intended to create a pedestrian-friendly atmosphere that encourages area residents to work and shop there and on-site workers to walk to other services, such as having lunch within the project. The maximum of 64 residential units will not exceed a density of 4.03 units/per acre. The project is shown as 2 tracts, a "North Tract" located north of Carolina Way (the east-west roadway splitting the site) and a "South Tract" located south of Carolina Way. The South Tract is expected to be more retail-oriented with a sit- down restaurant, a bank, and a few residential uses. The North Tract is expected to be more office and service-oriented. The North Tract will likely have both medical and professional offices and some residential uses. 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 MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 4.03 Subdivision Design and Layout of the Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 SALES/RENTAL/CONSTRUCTION FACILITIES Temporary sales/rental trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision 6 17C Plats, subject to the other requirements of Section 5.04.04 of the Land Development Code. AA ., ...a o. ....~ .' . .~~ 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 10.02.13E. 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. 7 .,._.."'"_""-'^,.N".""_.""',,....""'"',~dl.."..-- SECTION III 17C '~ .!~ MIXED USE AREA PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Mixed Use Areas as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Mixed Use Areas on the PUD Master Plan are intended to provide a variety of retail uses and office uses while providing for the opportunity of having residential uses on the second and/or third floor of mixed use buildings that have commercial uses on at least the first floor. Commercial Areas are limited to a maximum gross leasable area of 150,000 square feet and residential uses are limited to a maximum of 64 dwelling units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Commercial Principal Uses and Structures: 1. Amusement and Recreation Services (groups 7911, 7991, 7993 only for indoor video game arcade and indoor coin-operated amusement machine, 7999 only for bicycle rental, ice skating rink operation, indoor slot-car track, and miniature golf course). 2. Apparel and Accessory Stores (groups 5611 - 5699). 3. Auto Supply Stores (group 5531 only for automobile accessory dealers and automobile parts dealers, limited to retail sales without any installation). 4. Automobile Parking (group 7521). 5. Paint, Glass, and Wallpaper Stores (group 5231). 6. Business Services (groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7379, 7384, 7389 only for service of interior decorating/design, mapmaking, notary public, paralegal service, and Postal Service contract stations). 7. Depository and Non-Depository Institutions (groups 6021-6199). 8 --,-,_...._---~ - .. ...... --_...~_.,,---- 17C -~ .-... "'. 8. Eating Places (group 5812) and Drinking Places (group 5813 only cocktail lounges and on-premise consumption of beer, wine and liquor, in conjunction with a restaurant.) Drinking Places are subject to the locational restrictions described in Section 2.6.10 of the Land Development Code. 9. Educational Services (groups 8211 - 8231 (no regional libraries). 10. Food Stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411 - 5499). 11. General Merchandise Stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5311 - 5399). 12. Health Services (groups 8011 - 8049,8082). 13. Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 14. Insurance Carriers, Agents, Brokers, and Services with 5,000 square feet or less of gross floor area in the principal structure (groups 6311 - 6399, 6411). 15. Legal Services (group 8111). 16. Membership Organizations (groups 8611,8621,8641 - 8661). 17. Miscellaneous Repair (groups 7622, 7629, 7631, 7699 but only bicycle repair, camera repair, locksmiths, luggage repair, medical! dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 18. Miscellaneous Retail (groups 5912, 5921, 5932 (antiques only), 5941 - 5949, 5961, 5962, 5992 - 5999 (except auction rooms, awning shops, fireworks, gravestones, hot tubs, monuments, sales barns, swimming pools, tombstones and whirlpool baths). (The sale of swimming pool accessories and supplies is allowable under 5999, but not the sale of swimming pools.) 19. Motion Picture Theaters and Video Tape Rental (groups 7832 and 7841 ). 20. Museums and Art Galleries (group 8412). 9 17C ,~ 21. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7221 - 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, massage parlor, and tanning salon). 22. Professional Offices, Research, and Management Consulting Services (groups 8711 - 8743, 8748). 23. Public Administration (groups 9111 - 9199, 9229, 9311, 9411 - 9451, 9511 - 9532,9611 - 9661,9221). 24. Real Estate Agents and Managers (groups 6512,6531 - 6552). 25. Security and Commodity Dealers (groups 6211 -6289). 26. Social Services (groups 8322 (only adult day care services, counseling services, and senior citizens associations), 8351). 27. Travel Agencies (group 4724). 28. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA). B. Permitted Residential Principal Uses and Structures: 1. Multi-family dwellings. 2. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA). C. Accessory Commercial Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Drinking Places (group 5813 only cocktail lounges and on-premise consumption of beer, wine, and liquor in conjunction with a restaurant.) 3. Caretaker's residences subject to Section 5.03.05 of the Collier County Land Development Code. D. Accessory Residential Uses: 10 17C ,.. .1 1. Customary residential accessory uses and structures including carports, garages, and storage buildings. 2. Recreational uses and facilities including swimming pools, hot tubs, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, clubhouse, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Carports are permitted within parking areas. 3.4 DEVELOPMENT 5T ANDARD5 A. Table I sets forth the development standards for land uses within the Carolina Village Mixed Use PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. I] TABLE I 17C ;-1 , MIXED USE DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area Minimum Lot Width Front Yard Setback Side Yard Setback (2) 1 Story 2 Story 3 Story Rear Yard Setback Principal Structure Accessory Structure PUD Boundarv Setback Principal Structure Accessory Structure Lake Setback (3) Preserve Area Setback Principal Structure Accessory Structures or Other Site Alterations Distance Between Structures Main/Principal 1-Story to 1-Story 1-Story to 2-Story 2-Story to 2-Story 2-Story to 3-Story 3-Story to 3-Story Accessory Structures Maximum HeiQht: (4) Retail Building Office Building Mixed-Use Building (4) Accessory Building Minimum Floor Area COMMERCIAL USES 10,000 Sq. Ft. 75' (1) 20' 6' 7.5' 10' 15' 10' BH 10' or buffer width 20' or 0' 25' 10' 12' 13.5' 15' 17.5' 20' Same as principal structure 35' and 1 story 42' and 3 stories 45' and 3 stories 35' 700 Sq. Ft. of principal structure on first habitable floor RESIDENTIAL USES SCU on First Floor SCU on First Floor SCU on First Floor SCU on First Floor SCU on First Floor SCU on First Floor SCU on First Floor 10' BH 10' or buffer width 20' or 0' 25' 10' 12' 13.5' 15' 17.5' 20' Same as principal structure NA NA 45' and 3 stories 35' 500 Sq. Ft. per dwelling unit (1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%. (2) Where fee simple lots are created for each building unit, no side yard shall be required between interior units of a unified principal structure, and the side yard shall be measured from the exterior wall(s) of the unified principal structure. (3) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 20' to 0' where a stemwall, bulkhead, or pier is constructed and the requirements of Section 4.02.05 of the LDC are met. (4) Retail uses are limited to the first floor of any building Residential uses are limited to the second and third floors of mixed-use buildings (structures with retail or office uses on the first floor and office or residential uses on the second and third floors). Note: "BH" refers to building height and "SCU" refers to same as the commercial use on the first floor of the mixed-use building the residential use is located in. 12 17C B. Off-Street Parkino and Loadino ReQuirements: As required by Division 4.05 Off-Street Parking and Loading of the Land Development Code in effect at the time of building permit application. Off site parking is permitted where a shared parking facility is located within 300 feet of the building requiring such parking. C. BufferinQ ReQuirements: A minimum twenty (20) foot wide Type "0" Buffer shall be provided along Vanderbilt Beach Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. D. Commercial Desion Standards The project shall meet the commercial design standards within Division 5.05.08 of the Collier County Land Development Code. E. Deviations 1. Deviation from Land Development Code (LDC) Section 5.06.04A.6.a.- c., in order to permit approximately half, of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek PUD and the Carolina Village Mixed Use PUD (labeled Pristine Drive on Exhibit "A") and on the west side of the Carolina Village property line with the advertising limited exclusively to no more than 3 residential developments within the abutting Wolf Creek PUD. The proposed sign must meet all vehicular safety sight distance standards for Collier County and have a minimum 10-foot setback from the Vanderbilt Beach Road right-of- way, as described in Section 5.06.04A.6.a. of the LOC. This deviation allows a better quality sign to be constructed for the 3 residential projects, without having the sign looking out of balance if it were located solely on the western half of the median in the road, and also minimizes confusion for visitors and deliveries to the 3 residential projects. 13 .; 1 1 7 C '...... SECTION IV PRESERVE AREA PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 14 SECTION V 17C .",.'.-.j DEVELOPMENT COMMITMENTS 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 MPUD, in effect at the time of building permit application. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code shall apply to this project even if the land within the MPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this MPUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in one (1) or two (2) phases. 15 " -' . .. .'.~ " 17C ,,$~ :1 ., .' A. The landowners shall proceed and be governed according to the time limits pursuant to Section 1 0.02.13D. of the Land Development Code. B. MonitorinQ Report: An annual monitoring report shall be submitted pursuant to Section 10.02 .13F. of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 4.03 Subdivision Design and Layout. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for any proposed lake(s) in accordance with Collier County and SFWMD rules. D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 5.8 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) 16 17C Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. Arterial level street lighting must be provided at all development access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy. C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such PUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the PUD Master Plan; however, no additional access points shall be considered unless a PUD Amendment is processed. D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first Certificate of Occupancy. E. Road Impact Fees shall be paid in accordance with Collier County - Ordinance 01-13, as amended. F. All work within Collier County rights-of-way shall require a Right-of-Way Permit. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median openings existing at the time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. 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 17 17C 'j thereof, shall be the basis for any future cause of action for damages against Collier County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments, with possible exceptions for Buckstone Drive and Pristine Drive, shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. 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. K. If in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and by neighboring property owners within the shared road agreement, and shall be paid to Collier County before the issuance of the first Certificate of Occupancy. L. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. M. The developer shall provide a copy of a shared road agreement for both Pristine Drive and Buckstone Drive and documentation showing that he has made any required "fair-share" payments on each prior to the issuance of the first Certificate of Occupancy. 5.9 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. J 8 17C 'f B. All conservation/preservation areas shall be designated as Preserve on all construction plans, and shall be recorded on the plat as a separate tract or easement with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. D. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas. E. A minimum of 0.17 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. If created preserves will be used to make up any of the acreage, the landscape plans shall re-create the native plant community (in accordance with Section 3.05.07 of the Collier County Land Development Code) shall be submitted with the First Development Order submittal for review and approval. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. H. This MPUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the Land Development Code at the time of final development order approval. 19 I. 17C This MPUD 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. , " J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a temporary construction site office or temporary sales/rental facility. 5.12 SIGNS Signs for this mixed use project shall be permitted as described in Section 5.06 of the Collier County Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Chapter 4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POLLING PLACES Pursuant to Section 4.07.06 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 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I ' I ., ' ./ i ~ ....~-...' ./.~-.//---~,~,,//-,.- 17C J . ~ Exhibit "G" Carolina Village Legal Description THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89046'10" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH 02014'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD, A 175 FOOT WIDE RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 02014'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.93 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH 89047'36" WEST, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.04 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN SOUTH 02013'26" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.38 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD; THENCE RUN SOUTH 89046'10" EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD, FOR A DISTANCE OF 1,322.20 FEET TO THE POINT OF BEGINNING; CONTAINING 15.879 ACRES. MORE OR LESS ,'~ .1"' J / r .' ..r '" ./ )' )) 1 / j " / " -, 17C EXH/B/ T "0" LOCA T/ON MAP N * ~ w j? ~ E ~ S C:l Q) PROPOSED .c:: -- --h..J en NAGEL-CRAIG (: ~ RESIDENTIAL "'b PUD a () Q:: WOLF CREEK Loo Rd. lr) I RESID. PUD WOLF CREEK <: MISSION ~ "'b --J RESID. PUD Q) HILLS CD en () ~ Q SHOPPING () ~ - --J Q --J CEN TER () (j VANDERBIL T BEACH RD. ,.."..""..._..~,--_..="...._,.,._".~ ;p;XH~~+T ,.";e:~' - SURVEY ':, "};~.'~~t~;,I/i:?0~!,;~f.~i~i::"l;.:~.';:::.>'<' ~. " .' "h'~ . \' . ' .,,' . "'I' :~~.~:r~m:.t' .'. :,,,': ~,' {<,: ,'1 ~I. "I'.' l' Ii I~ ' '; ,it, I 1I~ I . 111'_ I II ~ i Ii i I"~ - ! . i il ,Ie I , ;~ ! I din ~ I ~! i' I . !,h ' III il ; r; I,. i ' -: r. i q ;.11 S is a!!.II~I!;;~ ~I ~B! ~! n ~d n ~, ~ . ~ ~ o ~ ~ ili ---'''---lJ I 10;' CAIVALLO. If.; : - - _' _._ ____ ".1'-.--- _ - ._--- - - -~\.:' -.- ,- COLUER BOC!LJYARDC.R. 951 . 'I,' . ,~,.., 'L ~ ,~. -- - --.,.!..- - 1 ~ '::~~ !OJ 'I'" ~~ l I~~ ~ I ~~ f !: : ~~ .,,~ ;s1;3 I" =-~ ~:lQ I':" 1 · ""~. 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"-:." ~ ~,':'':~'~~\'~~$~~~ 17C or-.,.;l April 1, 2005 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2004-AR-6383: Carolina Village pun Dear Pam: Please advertise the above referenced notice on Sunday, April 10, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O.lAccount # 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE 17C Notice is hereby given that on TUESDAY, April 26, 2005/ in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURAL "A" TO MIXED USE PLANNED UNIT DEVELOPMENT "MPUD" FOR A DEVELOPMENT TO BE KNOWN AS CAROLINA VILLAGE PUD CONSISTING OF 150,000 SQUARE FEET OF COMMERCIAL USES AND UP TO 64 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD ABOUT 1/4 MILE WEST OF COLLIER BOULEVARD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.88 +/- ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. Petition PUDZ-2004-AR-6383, William Hoover, AICP of Hoover Planning & Development, Inc. as applicant and agent for Catalina Plaza, LLC in requesting a rezone from the "AG" Rural Agricultural zoning District to the "PUD" Planned Unit Development to be known as Carolina Village located on the north side of Vanderbilt Beach Road about 1/4 mile west of Collier Boulevard. Carolina Village PUD will consist of 150/000 square feet of commercial uses and up to 64 residential units. The property is located in Section 34/ Township 48 South, Range 26 East in Collier County, Florida and consists of 15.88 acres +/-. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. ~: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. -. -<---",----,,----'-'- Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 17C Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Linda A. Houtzer, Deputy Clerk ( SEAL) ---"...-"".----.......-."'----. 17C Dwight E. Brock Clerk of Courts '~e~t~~pf-e'onier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TR.Aa EAST . P.O. BOX4i~044 NAPLES, FLORIDA'34101-3044 ~Lr I ~b "-'.~ 1!- Clerk of Courts Accountant Auditor Custodian of County Funds April I, 2005 William Hoover, AICP Hoover Planning & Development Inc. 3785 Airport Road, N., Suite B-1 Naples, Florida 34105 Re: Notice of Public Hearing to consider Petition PUDA-2004-AR-6383 Carolina Village Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 10, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a.~ Ix. Linda A. Houtzer Deputy Clerk Enclosure Phone-(239)732-2646 Web site- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us 17C Dwight E. Brock Clerk of Courts :~o~t~~!?f e6Vier CLERK OF THE CIRCUIT COURT COLLIER COUNTY QOURmpUSE 3301 T AMIAMI 11{AIL EAST ,1:-. . P.O. BOX4~044 NAPLES, FLORIDA ~1101-3D4:4 u" I t~ ~1~"T / Clerk of Courts Accountant Auditor Custodian of County Funds ,'"'-;/ April 1, 2005 Catalina Plaza, LLC. 3785 Airport Road, N., Suite B-1 Naples, Florida 34105 Re: Notice of Public Hearing to consider Petition PUDA-2004-AR-6383 Carolina Village Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 26, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, Aprill 0, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ a~,/X-' Linda A. Houtzer Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us 17C L~A. tf.out~ from: Sent- 70: suiject- .Linda Yl. :J--IOutzer frida~ Ylyrit Ol~ 2005 n:52 ...JUW .LegalS (I-mail) Carolina YitZage PV:IJ (jo()d' 9Vlomillg, "'P{eilst? aJrcrtisc tlie atlacficJ notlre on SunJ;I}, /Ipn[ 10, 2005. ~ ~ PU DZ -2004-AR-63!PU DZ-2004-AR-638 3.doc 3.doc {(you haec an'y questions, p(easc ca{(774.8411. Tfiank,)lof/. Ll7lda ~Hinlltcs anJ 1{t;corJs 1 L.:.ruicv A. tlo-ut"~ 17C from: Sent: 70: Suiject: C!erkPostmaster frida}h Ylyrit Ol~ 2005 Il.:52 Yl.JW .Linda Yl. :J-IOutzer Veflyery Status YvOt!fication (Relay) I~-=] ~ r:..--7-. -.'1 L:..J ATT1080109.txt Carolina Village PUD This IS an C/llt01l1aJica{l\/ qencmlcII'De{fvey\/ Stalus woU(icatiol1. _ ol + ~ ljOL! r mes\G7flc has hee 11 success/uny re/~1 yed 10 I.lie j(lO;nVI 11j] rec iplen fs, fJut {lic ycquestc,{ ddivcry status l'lotljkall011s nlay not he [lellerated by the d('sfmal ion. ((If/a {\(on ap{;?sl'l elVS'. C0111 1 17C L~A. flout"p from: Sent. 70: Suo/eet. System Administrator (j:Jostmaster@nqpksnews.com] .Trida~ Ayrit 0.1" 2005 .1.1.'46 AM .Linda A. .J--IOutzer IJeflvered: Caroflna 'Village PUIJ r'.~:;:1 ~ Carolina Village PUD <<Caro{frw VifL~u./C T'UD>> VOill~Jncssal{C (.- -- ... 'To: Leqaf.;' IT-nullO S'lLL~fccl: tayotlJ1<':/ 'VIlI(JBe 'P'U'1) S'enl: Tr[, 1 .>lpr 20015 11:151:44 '01500 was d'cCiveredto tf1e{(J(I(JWIIlt/ reciplenlCd: (eBal.; on :Fn, } jlpy 20015 1 L1-6:22 -()S()() 1 Carolina Village PUD Page 1 of 1 Linda A. Houtzer 17C From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Friday, April 01, 2005 11 :57 AM To: Linda A. Houtzer Subject: RE: Carolina Village PUD OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collierJl.us] Sent: Friday, April 01,2005 11:52 AM To: Legals (E-mail) Subject: Carolina Village PUD :JYeasc aJ('crll~,e Ilie attacfiCi{ notIce on SunJa}, )lpn"{1O, 2 ()()5. <<PU DZ - 2004-AR-6383. doc>> <<PU DZ -2004-AR-6383. doc>> }OU liaue illl} qllestions. plc'dse calt 774~8n 1. \f hlll!!'s 4/412005 Naples Daily News Naples, FL 34102 17C Affidavit of Publication Naples Daily News --------------------------------------------------+-----------------------~, BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59022612 113138312649110 PUDZ-2004-AR-6383NOT State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 04/10 I , Jll- I., RU'~~ tural :onlnQI _~untlOt the "PUD' P lll'''~ ' DeveIO{)menolt.lnto Vble known as Car a II. lage located .~!Ubhllet north side of Va....... Beach Road, ,al:)out ..1/4 mile west of coUter 1~'3~~~.l'Jf 'is"O,OQo ,quare feet of commercbll .,.. and UP to 64 reiJlQentlal=ti Thin e- pro~ l'ownshlP ~h- R~ '26 East I ~sotter' C:.F101'1da I ango consists of 15.88 , acres +/-. i COp'les of ti'le proposed Oritlnance are on file with the Cl,erk to the Board and are available for Inspection. All Inter- ested parties are Invited toAttthdand~ - N()TE: All aersons wish- Ing to, IlJieail o.n any agenda Item must regis- ter with thc!. count}', ad- ministrator prior to pre- sen~on of the ag8nda Item to be, a4<<lressed. Individual 'speakers will be limited" to 5 minutes on any \tef\'I; The selec- \ tlonof an individual to speak on behalf of an! organization or group Is encourag.d. If recog- nized by the Chairman. a spokesperson for a . grouporofllanlzatlon may be allOtted 10 min- utes to sp..~on an' I 1teIn. Persons w\Stllng to have written or gr!lPhlC ma. terlals Included In the I Board ,a.enda p-.ckets must sl,/bm.lt .at.. ma- terial a minim 1I',m.., of 31 . weeks prlof JC). tIle Ire- 'spectlve ~ hear ng. In any ,~ ~ ma-\ ter'a~~r.t:3 ~\ be su()mltted to I' the approcmate county staff II mlt\ImUlTl of sev. \ en, days PP'!fIO,r,t,O the Publlf' IM'IllGo' All ma- teria uSed \If Pt'.senta- tlons before tI'le Board will become a perma- nent part of the record. ,r"""'v,~-".-""" ~ ..~-,"",""'~-_.-'-"-' to'rw p. who decides tom a decls, Ion of the wllll\lltd a re- cord 0 the ()I'OCIlllldlngs pertaining tl'lereto and therefore. ma~ need to ensure ,that a verbatim \ r.ecordO f th,.,'.p. roceed- Ings Is mede., Which re- cord Ilu:ludeltbe testi- mony a"".\lldence upon whlchtha appeal . Is based. . \ BOARD OF COUNTY COM~ '\' C,OLLIER COUNTY, fLQRIOA ' 'fRID COYLE. CHAIRMAN DWIGHT E. BROCK. , CLERK " , By: Linda A. Houtzer. =.Clerk ~Dr. 10 No. 101~308 ' 169.000 INCH 04/11/05 ----------------------------------~-------------+----------- -- Signature of Affiant ~ - . t -- ----------- Sworn to and subscribe~ b~fore me thisJI~day of ~e~ 20~~5 Personally known by me ~"':Y-<;;tf v2 ,-,AI t., d AD SPACE: FILED ON: : IV ~~ Norrie,/t~" ;, l.\lMMlorJ""JI'~' 1;!,Shonel ), <. \# D ',' : D23466~ fVPj'\: :4, 200; ..I. ~', 1'/";( ORIGINAL DOCUMENTS CHECKLIST & ROUTING SW>>- ,A,' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L 7 y THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP eomplete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the ehairman's si ature, draw a line throu h routin lines # I throu #4, com lete the checklist, and forward to Sue Filson line #S , Route to Addressee(s) Office Initials Date List in routin order 1. Sandra Lea CDES 2. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the Bce has acted to approve the 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners item.) Name of Primary Staff Ray Bellows, Zoning Manager Phone Number 403-2467 Contact Agenda Date Item was April 26, 2005 Agenda Item Number tHe.) Approved by the BCC Type of Document Ordinance I PVD POc.U......E.tH. Number of Original I Attached Documents Attached 6. Minutes and Records Clerk of Court's Office Yes (Initial) N/A (Not A licable) I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awar of ,our deadlines! The document was approved by the BCC on (b' e er date) and all changes made during the meeting have been incorporated m t e attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. R3 NfA R3 ffi R3 2. 3. 4. 5. 6. I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26.05, Revised 2.24.05 17 C 41 ORDINANCE NO. 2005- 19 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIA TE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURAL "A" TO MIXED USE PLANNED UNIT DEVELOPMENT "MPUD" FOR A DEVELOPMENT TO BE KNOWN AS CAROLINA VILLAGE PUD CONSISTING OF 150,000 SQUARE FEET OF COMMERCIAL USES AND UP TO 64 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF V ANERVILT BEACH ROAD ABOUT 1/4 MILE WEST OF COLLIER BOULEVARD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.882: ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, William Hoover of Hoover Planning and Development Inc., representing Catalina Plaza, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property in Petition PUDZ-2004-AR-6383. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The Zoning Classification of the subject real property described in Section 1.2 of the PUD Document, attached hereto as Exhibit "A," and incorporated by reference herein, located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "MPUD" Mixed Use Planned Unit Development in accordance with the Carolina Village PUD. The appropriate zoning atlas map or maps as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. 17 C .~ PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this Z ~ day of A P'" ~ \ , 2005. ATTEST: c;'_ " DWIGHT Eo BROCK, CLERK ~"i""'^ "'. " .:..,-:. \'!J . !' ,,\'. - /~' "~~~'\- ... "! o. b:'~" <Jtteiti II. it"Jt'II"'\~! . App'r&v.yda,S-. t","'fqtri1 and ~e:P, \AJ~ Patrick G. White . Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1vJ.-W. ~ FRED W. COYLE, CHAIRMAN 17 C ~ CAROLINA VILLAGE MIXED USE PUD A MIXED USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CAROLINA VILLAGE MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. PREPARED FOR: WILLIAM L. HOOVER CATALINA PLAZA, LLC 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 PREPARED BY: RICHARD D. YOV ANOVICH GOODLETTE, COLEMAN & JOHNSON, P .A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 and NORMAN J. TREBILCOCK, P.E., AICP Q. GRADY MINOR & ASSOCIATES, INC. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 DATE FILED AUQust 9. 2004 DATE REVISED April 9. 2005 DATE REVIEWED BY CCPC April 7, 2005 DA TE APPROVED BY BCC -Bpn I ;1J) (j-,N'f5 ORDINANCE NUMBER 8005- ItJ AMENDMENTS AND REPEAL .' I I 17 C __ TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III MIXED USE AREA PLAN SECTION IV PRESERVE AREA PLAN SECTION V DEVELOPMENT COMMITMENTS III 1 3 5 8 14 15 II EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT liD" EXHIBIT liE" TABLE I 17 C ,~ LIST OF EXHIBITS AND TABLES PUD MASTER PLAN/UTILlTIES/WATER MANAGEMENT PLAN CROSS SECTIONS FOR PUD MASTER PLAN CAROLINA VILLAGE LEGAL DESCRIPTION LOCATION MAP BOUNDARY SURVEY DEVELOPMENT STANDARDS III 17 C . "oJ ..'tt STATEMENT OF COMPLIANCE The development of approximately 15.88::t acres of property in Collier County, as a Mixed Use Planned Unit Development to be known as Carolina Village Mixed Use PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan, The commercial and residential facilities of the Carolina Village Mixed Use PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict land use designation as identified on the Future Land Use Map and as described in the Vanderbilt Beach/Collier Boulevard Commercial Sub-District of the Urban - Mixed Use District in the Future Land Use Element. The Future Land Use Element permits commercial and residential land uses in this area and this Mixed Use PUD complies with both the commercial and residential development standards within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project is located within the Urban Mixed Use District. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, on the Future Land Use Map. The 64 proposed units over commercial uses and resultant density of 4.03 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 17 c ., 15.88 Acres for a Mixed-Use Proiect With Residential Uses Over Commercial Uses Within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Maximum Permitted Density 16 dwelling units/acre Maximum permitted units = 15.88 acres x 16 dwelling units/acre = 254 as the maximum number of dwelling units at a maximum density of 15.99 dwelling units/acre. Requested dwelling units = 64. Requested density = 4.03 dwelling units/acre. 8. All final local development orders for this project are subject to Division 6.02, Adequate Public Facilities Requirements, of the Collier County Land Development Code. ~ 17 C 't SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Carolina Village Mixed Use PUD. 1.2 LEGAL DESCRIPTION The subject property being 15.88i: acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described on Exhibit "C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: The Vanderbilt Beach Road Land Trust, c/o Mark L. Lindner, Trustee, Naples Realty Services, 4980 N. Tamiami Trail, 2nd Floor, Naples, Florida 34103. The subject property is under purchase contract by: William L. Hoover, President of Catalina Land Group, Inc., as the Manager of Catalina Plaza, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road approximately one-quarter mile west of Collier Boulevard (unincorporated Collier County), Florida. B. The zoning classification of the subject property prior to the date of this approved Mixed Use PUD Document was Rural Agricultural. 1.5 PHYSICAL DESCRIPTION The Project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the Vanderbilt Canal. :> ,. ,I 17 c ~ Natural ground elevation varies from 12.3 to 13.2 NGVD; average site elevation is about 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge south into the Vanderbilt Canal or discharge north into the Black Bear Ridge Subdivision water management system and eventual southerly discharge into the Vanderbilt Canal. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per the Natural Resource Conservation Service Soils Mapping for Collier County dated January 1990, the soil type found within the limits of the property is #2- Holopaw Fine Sand, Limestone Substratum. Site vegetation consists predominantly of improved pasture grasses, except a narrow strip of native vegetation along the north property line which is pine- cypress-cabbage palm forest. 1.6 PROJECT DESCRIPTION The Carolina Village Mixed Use PUD is a project comprised of 15.88 acres designated for commercial and residential land uses and the commercial uses are limited to a maximum of 150,000 square feet of gross leasable area and the residential land uses are limited to a maximum of 64 dwelling units. All residential dwelling units shall be located in mixed-use buildings with commercial uses situated on at least the first floor. Commercial and residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Carolina Village Mixed Use Planned Unit Development Ordinance". 4 17 c.,; SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Carolina Village Mixed Use PUD shall be in accordance with the contents of this document, MPUD - Mixed Use 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 building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carolina Village Mixed Use PUD shall become part of the regulations, which govern the manner in which the MPUD site may be developed. D. Unless modified, waived or excepted by this MPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 602 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES Commercial uses are limited to 15.88 acres with a maximum of 150,000 square feet of gross leasable area and residential uses are limited to a maximum of 64 :; 17 c -1 dwelling units and must be located on the second and/or third floors of mixed- use buildings with commercial uses on at least the first floor. Carolina Village Mixed Use PUD is intended to create a pedestrian-friendly atmosphere that encourages area residents to work and shop there and on-site workers to walk to other services, such as having lunch within the project. The maximum of 64 residential units will not exceed a density of 4.03 units/per acre. The project is shown as 2 tracts, a "North Tract" located north of Carolina Way (the east-west roadway splitting the site) and a "South Tract" located south of Carolina Way. The South Tract is expected to be more retail-oriented with a sit- down restaurant, a bank, and a few residential uses. The North Tract is expected to be more office and service-oriented. The North Tract will likely have both medical and professional offices and some residential uses. 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 MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 4.03 Subdivision Design and Layout of the Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 SALES/RENTAL/CONSTRUCTION FACILITIES Temporary sales/rental trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision 6 17 C .. Plats, subject to the other requirements of Section 5.04.04 of the Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 10.02.13E. 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. 7 17 c .~ SECTION III MIXED USE AREA PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Mixed Use Areas as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Mixed Use Areas on the PUD Master Plan are intended to provide a variety of retail uses and office uses while providing for the opportunity of having residential uses on the second and/or third floor of mixed use buildings that have commercial uses on at least the first floor. Commercial Areas are limited to a maximum gross leasable area of 150,000 square feet and residential uses are limited to a maximum of 64 dwelling units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Commercial Principal Uses and Structures: 1. Amusement and Recreation Services (groups 7911, 7991, 7993 only for indoor video game arcade and indoor coin-operated amusement machine, 7999 only for bicycle rental, ice skating rink operation, indoor slot-car track, and miniature golf course). 2. Apparel and Accessory Stores (groups 5611 - 5699). 3. Auto Supply Stores (group 5531 only for automobile accessory dealers and automobile parts dealers, limited to retail sales without any installation). 4. Automobile Parking (group 7521). 5. Paint, Glass, and Wallpaper Stores (group 5231). 6. Business Services (groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7379, 7384, 7389 only for service of interior decorating/design, mapmaking, notary public, paralegal service, and Postal Service contract stations). 7. Depository and Non-Depository Institutions (groups 6021-6199). 8 17 C ~ 8. Eating Places (group 5812) and Drinking Places (group 5813 only cocktail lounges and on-premise consumption of beer, wine and liquor, in conjunction with a restaurant.) Drinking Places are subject to the locational restrictions described in Section 2.6.10 of the Land Development Code. 9. Educational Services (groups 8211 - 8231 (no regional libraries). 10. Food Stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411 - 5499). 11. General Merchandise Stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5311 - 5399). 12. Health Services (groups 8011 - 8049, 8082). 13. Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 14. Insurance Carriers, Agents, Brokers, and Services with 5,000 square feet or less of gross floor area in the principal structure (groups 6311 - 6399, 6411). 15. Legal Services (group 8111). 16. Membership Organizations (groups 8611, 8621, 8641 - 8661). 17. Miscellaneous Repair (groups 7622, 7629, 7631, 7699 but only bicycle repair, camera repair, locksmiths, luggage repair, medical! dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 18. Miscellaneous Retail (groups 5912, 5921, 5932 (antiques only), 5941 - 5949, 5961, 5962, 5992 - 5999 (except auction rooms, awning shops, fireworks, gravestones, hot tubs, monuments, sales barns, swimming pools, tombstones and whirlpool baths). (The sale of swimming pool accessories and supplies is allowable under 5999, but not the sale of swimming pools.) 19. Motion Picture Theaters and Video Tape Rental (groups 7832 and 7841 ). 20. Museums and Art Galleries (group 8412). 9 17 C ';~ 21. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7221 - 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, massage parlor, and tanning salon). 22. Professional Offices, Research, and Management Consulting Services (groups 8711 - 8743,8748). 23. Public Administration (groups 9111 - 9199 J 9229, 9311, 9411 - 9451, 9511 - 9532, 9611 - 9661, 9221). 24. Real Estate Agents and Managers (groups 6512,6531 - 6552). 25. Security and Commodity Dealers (groups 6211 -6289). 26. Social Services (groups 8322 (only adult day care services, counseling services, and senior citizens associations), 8351). 27. Travel Agencies (group 4724). 28. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA). B. Permitted Residential Principal Uses and Structures: 1. Multi-family dwellings. 2. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA). C. Accessory Commercial Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Drinking Places (group 5813 only cocktail lounges and on-premise consumption of beer, wine, and liquor in conjunction with a restaurant.) 3. Caretaker's residences subject to Section 5.03.05 of the Collier County Land Development Code. D. Accessory Residential Uses: 10 17 C 1. Customary residential accessory uses and structures including carports, garages, and storage buildings. 2. Recreational uses and facilities including swimming pools, hot tubs, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, clubhouse, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Carports are permitted within parking areas. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Carolina Village Mixed Use PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 11 TABLE I / t r 17 c .~ MIXED USE DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area Minimum Lot Width Front Yard Setback Side Yard Setback (2) 1 Story 2 Story 3 Story Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (3) Preserve Area Setback Principal Structure Accessory Structures or Other Site Alterations Distance Between Structures Main/Principal 1-Story to 1-Story 1-Story to 2-Story 2-Story to 2-Story 2-Story to 3-Story 3-Story to 3-Story Accessory Structures Maximum HeiQht: (4) Retail Building Office Building Mixed-Use Building (4) Accessory Building Minimum Floor Area COMMERCIAL USES 10,000 Sq Ft. 75' (1) 20' 6' 75' 10' 15' 10' BH 10' or buffer width 20' or 0' 25' 10' 12' 13.5' 15' 17.5' 20' Same as principal structure 35' and 1 story 42' and 3 stories 45' and 3 stories 35' 700 Sq, Ft. of principal structure on first habitable floor RESIDENTIAL USES SCU on First Floor SCU on First Floor SCU on First Floor SCU on First Floor SCU on First Floor SCU on First Floor SCU on First Floor 10' BH 10' or buffer width 20' or 0' 25' 10' 12' 13.5' 15' 17.5' 20' Same as principal structure NA NA 45' and 3 stories 35' 500 Sq. Ft. per dwelling unit (1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%. (2) Where fee simple lots are created for each building unit, no side yard shall be required between interior units of a unified principal structure, and the side yard shall be measured from the exterior wall(s) of the unified principal structure, (3) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 20' to 0' where a stemwall, bulkhead, or pier is constructed and the requirements of Section 4.0205 of the LDC are met. (4) Retail uses are limited to the first floor of any building Residential uses are limited to the second and third floors of mixed-use buildings (structures with retail or office uses on the first floor and office or residential uses on the second and third floors) Note "BH" refers to building height and "SCU" refers to same as the commercial use on the first floor of the mixed-use building the residential use is located In, I~ 17 C... B. Off-Street ParkinQ and LoadinQ Requirements: As required by Division 4.05 Off-Street Parking and Loading of the Land Development Code in effect at the time of building permit application. Off site parking is permitted where a shared parking facility is located within 300 feet of the building requiring such parking. C. BufferinQ Requirements: A minimum twenty (20) foot wide Type liD" Buffer shall be provided along Vanderbilt Beach Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. D. Commercial DesiQn Standards The project shall meet the commercial design standards within Division 5.05.08 of the Collier County Land Development Code. E. Deviations 1. Deviation from Land Development Code (LDC) Section 5.06.04A.6.a.- c., in order to permit approximately half, of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek PUD and the Carolina Village Mixed Use PUD (labeled Pristine Drive on Exhibit "A") and on the west side of the Carolina Village property line with the advertising limited exclusively to no more than 3 residential developments within the abutting Wolf Creek PUD. The proposed sign must meet all vehicular safety sight distance standards for Collier County and have a minimum 10-foot setback from the Vanderbilt Beach Road right-of- way, as described in Section 5.06.04A.6.a. of the LDC. The proposed sign must be externally lighted and not internally lighted. This deviation allows a better quality sign to be constructed for the 3 residential projects, without having the sign looking out of balance if it were located solely on the western half of the median in the road, and also minimizes confusion for visitors and deliveries to the 3 residential projects. I" .' 17 C ,if SECTION IV PRESERVE AREA PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. l-l SECTION V 17 C!i DEVELOPMENT COMMITMENTS 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 MPUD, in effect at the time of building permit application. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code shall apply to this project even if the land within the MPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this MPUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.13E. of the Collier County Land Development Code. amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in one (1) or two (2) phases. 15 17 C A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.130. of the Land Development Code. The third anniversary date of this MPUD shall be computed from the earlier of October 1, 2007 or the substantial completion (new traffic lanes are open to traffic) of the 6-laning projects on both Collier Boulevard, between Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach Road, between Logan Boulevard and Collier Boulevard. B. MonitorinQ Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 4.03 Subdivision Design and Layout. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SOP submittal. B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for any proposed lake(s) In accordance with Collier County and SFWMD rules. D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Ih 17 C ~ 5.8 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCO), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LOC). B. Arterial level street lighting must be provided at all development access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy. C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such PUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the PUO Master Plan; however, no additional access points shall be considered unless a PUO Amendment is processed. D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first Certificate of Occupancy. E. Road Impact Fees shall be paid in accordance with Collier County _ Ordinance 01-13. as amended. F. All work within Collier County rights-of-way shall require a Right-of-Way Perm it. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as amended, and the LOC, as it may be amended. Collier County reserves the right to modify or close any median openings existing at the time of approval of this MPUO which is found to be adverse to the health, safety and welfare 17 1,7 C Iff of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. 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 Collier County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments, with possible exceptions for Buckstone Drive and Pristine Drive, shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. 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. K. If in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and by neighboring property owners within the shared road agreement, and shall be paid to Collier County before the issuance of the first Certificate of Occupancy. L. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. M. The developer shall provide a copy of a shared road agreement for both Pristine Drive and Buckstone Drive and documentation showing that he has made any required "fair-share" payments on each prior to the issuance of the first Certificate of Occupancy. N. The project may commence construction of infrastructure, site work, and buildings upon receiving all applicable permits, however Certificates of Occupancy for any buildings shall not be issued until the earlier of October 1, 2007 or until the substantial completion (new traffic lanes are open to traffic) of the 6-laning projects of both Collier Boulevard, between Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach Road, between Logan Boulevard and Collier Boulevard. IS ,/ I " 17 c .~ 5.9 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.1 0 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. B. All conservation/preservation areas shall be designated as Preserve on all construction plans, and shall be recorded on the plat as a separate tract or easement with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. D. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas. E. A minimum of 0.17 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. If created preserves will be used to make up any of the acreage, the landscape plans shall re-create the native plant community (in accordance with Section 3.05.07 of the Collier County Land Development Code) shall be submitted with the First Development Order submittal for review and approval. 19 17 c ,~ F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. H. This MPUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the Land Development Code at the time of final development order approval. I. This MPUD 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. J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a temporary construction site office or temporary sales/rental facility. 5.12 SIGNS Signs for this mixed use project shall be permitted as described in Section 5.06 of the Collier County Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Chapter 4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POLLING PLACES Pursuant to Section 4.07.06 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 20 17 C "-:'I An agreement 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, or tenants associations. 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"'l!I ~~ 1~: '".. ~~; ~ I ~~~; c ~~ ~2~\il Vl I~ ~~~! ;g! 8~ g~!Il <' ~ \ ~~i : J; s 17 C Exhibit HC" Carolina Village Legal Description THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89046'10" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH 02014'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD. A 175 FOOT WIDE RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 02014'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.93 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH 89047'36" WEST, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,32204 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN SOUTH 02013'26" EAST. ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.38 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD: THENCE RUN SOUTH 89046'10" EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD, FOR A DISTANCE OF 1,322.20 FEET TO THE POINT OF BEGINNING: CONTAINING 15879 ACRES, MORE OR LESS 17 C .~~ EXHIBI T "D" LOCA TION MAP N * W E ~ j/~ ~ s CJ Q) PROPOSED .c:: -- -h.J en NAGEL-CRAIG -- I...... ~ RESIDENTIAL "tJ PUD tJ () 0:: WOLF CREEK Loo Rd. Cr) I RESID. PUD WOLF CREEK <: MISSION ~ "tJ -.J RESID. PUD Q) HILLS en en () 25 Q SHOPPING () ---- I...... -.J Q -.J CEN TER C) (j VANDERBIL T BEACH RD. , ~~ ~ ~" ~ -" ~ I ~~ ~, ~~ ~ ~. ~~ ~ ~ i!;,;'i " ~ ~~ . ~ ~~ < ~~ i . ~ ~> e' ~~ ~~ . " ~ ~ d ~,~ "~ ~~.JIi " ^ . ~~ .h ~ I ~ ~ d~ " I ~ ~~ < ! ;;; ~;.., II ~ ~,-, '. i~~ ~ ~ " ~~ ~lll!~~ ., ~ ~ ~ ~ ~~ ~ - ;1', ,~_- .',,, .'1:111'1"-'- ,:" r.' ,.c '.(".olll[.'" "",,:,,,., !'. ni\""'''' '.\ ;,":'~' ~)I,',;r:,~ ,-~,I "'il':,';'''''1 "'_1(1";"' '~.;::i::';' -~,,' ~, ~,~~ I J - _~~~A~A~~~:_ ~-~ 1- __c~~(;:: COLLlf!lIlIOUL!~1~P ell 95/ 1l ~ ------ --1 ~ e C<<l ...:.: I'i:~ ~8 L--~: -I '" ~2:;: ~~ >-'" ~~ r '4 '"',~ - .1,. I I I ! /'.! nn':'70" II' :~ ;.: :~~ ~ :~g ~ - - > ~j ~ -~ ~ ~ ~~ ~~ '" ~ 5 021J'2(j~ [ 523.38 c ~, ~'i~ ~i~ '~)':' hi '~" -"~'~': <.> s: ""., ~ ~ '~ ~s '~ \~;~t-~ ~ " ~ ~~! tr.l.~:~&';':..: ~~"~ ,s ~ ~e el ~ ~~ ~ ~~ ~ 3 i!::i~ . ~-~~.~ !t " ~ ~~~ ,~ ~ ~ ~ ~ ~ ~ ~~~~ ~~ ~' ~ ~ i;; '- ~ ~~ .e; ~~ , '^ i;i~ ~ ~ ;Ii -,~ -~ $ " ~~ ti ~ <~~ ~;; ~ ~ ~~Ii ~... !;1 ~ ~~ ~ ~ ~~ ~ " I ~' ;~.?> !ld~ "'" Cl..; 10 "1:'-.- ~-~ :;~~ ~~ tl~~ ~'~ ~'Ol~ ~. ~ R~ ~[Q",~ " ~.~.~~..~~ ~g:;r;5~_~ ~'.rJ-c:.u._ .::~ ~.~~~ ~.~ ~ ~~: ~~ ~.~ ~ '-Q ~I.'J 'b IC~ G~ g~ " ~" ' <:h'C, 1I -" I I ;1 ,! ~ <::: '" '" '-' ~ '" '- -' 0<; ~ '" ~ ;;: >:1 J 17 C .,.... STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-19 Which was adopted by the Board of County Commissioners on the 26th day of April 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of May, 2005. DWIGHT E. BROCK Clerk of Courts and ,C,lerk.". Ex-officio to Boa.;r;-4;\6~~..'Y.~~~t};:~.>,/; I . "..~ ~ o. ." ."....., County Commlsslon~rS' ". "':{'-;,. flu.u ~fL,/....t.,~;>, /..~ "'~;\ ~ --'.. ..........- .. $: - ( 111." . ........ :: :;. '. c~,,/ ~,;<:; if },~ ; ~ ,... '" ~ ,.,', '-. . r..1 . . -;. "'..... \, c....... . -~: I..~ :/..:J ~: By: Ann Jenne] o'lj~'? .,... ,,'<:;.1 ,:: '_,"'",,~ .,.."......,1.. .'~ ............ Deputy Clerk', 4,"'\ !!'l":'~ ,..- ""'f' t.- \j,-,';t, >.,j ,\\ ,\,\ '1."t't'\!.~_.__..,1.<ioo~~"'" --",